CITY OF SOUTH GATE
SPECIAL CITY COUNCIL MEETING
MINUTES
MONDAY, JUNE 26, 2023
CALL TO ORDER Maria del Pilar Avalos, Mayor called a Special City Council Meeting to order at 5:30 p.m.
ROLL CALL Yodit Glaze, City Clerk
PRESENT
1 MUNICIPAL CODE
ADMIN
Mayor Maria del Pilar Avalos, Vice Mayor Gil Hurtado, Council Member Joshua Barron, Council Member Maria Davila, and Council Member Al Rios; City Treasurer Jose De La Paz, City Manager Chris Jeffers, City Attorney Raul F. Salinas
Following the conclusion of a Public Hearing, the City Council:
a. Waived the reading in full and introduced Ordinance No. 2023-04-CC entitled - Ordinance of the City Council of the City of South Gate, California, amending provisions of the South Gate Municipal Code pertaining to Sidewalk Vendors Section 2.10.150 (Business Requiring a Business Permit) and Section 2.10.970 (Sidewalk Vending Program) of Chapter 2.10 (Business
Regulation) of Title 2 (Licenses - Business Regulations), and Section 7.39.010 (Sales from Nonmotorized Vehicles on City Streets Prohibited) of Chapter 7.39 (Sales from Nonmotorized Vehicles on City Streets Prohibited Except During City-Sponsored Parades) of Title 7 (Public Safety and Morals), and Section
8.14.010 (Unlawful Parking - Peddlers, Vendors and Vehicles Advertised for Sale or Rent) of Chapter 8.14 (Unlawful Parking - Peddlers, Vendors and Vehicles Advertised for Sale or Rent) of Title 8 (Traffic) of the South Gate Municipal Code; and b. Determined that the proposed Ordinance is Exempt pursuant to Sections 1506(b)(2) and (b)(3) and 1308 of the California Environmental Quality Act (CEQA).
James Eckart, City Prosecutor gave a brief presentation on sidewalk vending in the City of South Gate and the state of California covering the regulatory principles included in SB 946, "Limited Local Regulation of Side Vending," and SB 972, "California Retail Food Code." Mayor Avalos asked if anyone in the audience and zoom wished to speak on this item.
Various people spoke in support and against this Ordinance.
SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 26, 2023
Having no one else come forward, Mayor Avalos closed the audience portion.
Mr. Eckart explained to the audience and council the importance of vendors getting a health permit.
Chris Jeffers, City Manager asked if Mr. Eckart can inform the audience of the types of permits needed to fulfill the requirements.
Mr. Eckart explained that the code requires the vendor to display a health permit and a retail permit. Two of which are already mandated by state law.
Mr. Jeffers elaborated on Mr. Eckart's comments and explained that currently, under the old code, the two parks in the city which consist of South Gate Park and Hollydale Park do not allow vending. However, under the new code, it will allow roaming vendors to take place on the sidewalk. If they are properly permitted, then they will be able to do so.
Mr. Eckart addressed comments regarding health department permits.
Unfortunately, the city cannot make health permitting processing easier.
Vendors would have to go through Los Angeles County's Health Department to inquire further assistance on obtaining a permit.
Mr. Jeffers ensured the public that restrictions are based on the city's health, safety, and welfare.
Jose De La Paz, City Treasurer addressed comments on concerns regarding applications fees. He explained that the sidewalk vendor fees are $100 per cart, and the application fee is $176. Renewals are $211. He asked if it was possible for council or city staff to create a program to reduce the application fee. He also noted the insurance that must be included for vendors.
Yodit Glaze, City Clerk, had no comment.
Vice Mayor Hurtado wanted to reassure residents that this was not an attack against street vendors. He asked Mr. Eckart and Mr. Jeffers who determines the jurisdiction of a vendor and what is it happen if another vendor chooses to sell in the same area.
Mr. Eckart explained the permit is valid for one year. If the individual applying for a permit is a stationary vendor, they would need to provide the location where they would be vending. Once approved, that would be their location for a year, and no one is allowed to vend 25 ft from the station.
SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 26, 2023
Vice Mayor Hurtado addressed concerns about the distance between vendors and locations near intersections. He noted that not all intersections are built the same. 25 ft may be too much space in between.
Mr. Eckart explained that sidewalk vendors are not allowed to vend to people in cars. It is crucial that pedestrians have enough walking space on the sidewalk.
Vice Mayor Hurtado asked if the council could lessen the distance.
Mr. Eckart stated that the council could change the distance.
Mr. Jeffers's noted that the distance would need to be universal throughout all the intersections in the city.
Vice Mayor Hurtado also wanted to note the distance between vendors and schools. Vendors should be allowed to vend closer to schools as opposed to 500 ft.
Mr. Eckart explained that the code currently limits the vendor to sell 500 ft away from all schools. The current limits are for safety concerns during peak hours in which there are heavy foot traffic to avoid incidents.
Council Member Barron asked if the 500 ft is only for stationary vending or does it apply to roaming carts.
Mr. Jeffers explained that the vendor has the ability to roam but needs to provide a route to the city.
Mr. Eckart clarified that the 500 ft rule is applicable to roaming and stationary vending.
Council Member Davila asked if the city has identified areas where stationary vendors can sell in the city.
Mr. Eckart stated that the city currently does not. In the process in which the vendor submits the application with the information on the specific area, only then can the city approve the application.
Council Member Barron suggested that we should have an approved area list for vendors to elevate them from another obstacle.
Mr. Jeffers explained that a brochure is in the works for vendors with a step-by-step guide to applying for a permit.
SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 26, 2023
Council Member Davila wanted to inquire more information regarding fees for licenses, and fingerprinting. She asked if there could be an exclusive fee.
Mr. Eckart explained that fingerprinting is monitored by the state, not by the local jurisdiction. The city would, however, be able to set the permit fee.
Mr. Jeffers explained that we could add the fingerprint fee to the application. You can make it exclusive or reduce the fee for another part of the application.
Council Member Barron agreed with Council Member Davila on the topic of making it more feasible for the vendors in terms of removing unnecessary obstacles.
Council Member Rios was concerned about the restrictions, such as the 500 ft. It is too regulatory. He suggested that the original municipal code be brought in and compared to the council's proposal.
Mayor Avalos asked for clarification from Mr. Eckart regarding the administration fee of $1,000 for a violation under Section 11. However, it mentions another fee.
Mr. Salinas explains that the $1,000 violation is under one section, and $500 is for another section of the code.
Mr. Eckart explained that the City Attorney was correct. This is not an administrative fee. It is an administrative fine. There is no increase in the fine. It has been imposed by the code since 2018. The fee that is being referred to for unpermitted vending. He noted that the first violation is $250, the second is $500, the third violation will be $1,000, the fourth violation $1,000, and replication for the permit.
Council Member Rios asked if the insurance policy would range from $50 to $125.
Mr. Jeffers explained that Thurman Green, Risk Management reached out to ICRMA. They indicated that all 14 cities required some form of insurance is necessary.
Council Member Barron appreciates the stand-alone meeting to address this topic.
SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 26, 2023
Council Member Davila expressed her understanding of the issue at hand, and we as a city need to abide by state laws. What concerns her is that if there is a lawsuit against a vendor, would the city be held liable.
Mr. Salinas explained that the issues can be complex. The city could be brought into litigation if the plaintiff wanted to.
Mayor Avalos asked if the council would like to approve the code without any modifications. Or would the council want to make specific changes to the municipal code?
Mr. Salinas noted that the court determines if the modified municipal code meets state law. If not, they would be required to meet it.
Vice Mayor Hurtado asked what the average charge for a cart is.
Mr. Eckart said that costs used to be very extreme. The state has allowed local health departments to have set pricing and regulations.
Vice Mayor Hurtado asked if there could be a program to reduce the price of the cost or use ARPA funding to assist community members.
Kris Ryan, Director of Administrative Services explains that we would have to justify giving support because of covid.
Council Member Rios feels uncomfortable moving forward.
Council Member Barron asked the city manager if this topic would have to go into a second meeting to understand the full ordinances.
Mr. Salinas explained that it would have to be reintroduced, and then there would have to be a subsequent meeting to adopt it.
Vice Mayor Hurtado asked why there is an urgency to move the ordinance forward.
Mr. Jeffers states that currently, our code does not comply with the state law under certain sections. Moving forward, the council must create an operational code so that our city will fall into compliance.
Council Member Barron requested to make a motion to approve the ordinance with the adjustment that there not be an additional cost of fingerprinting to the business license and to make sure it is all taken care of in one location. Motion was seconded by Vice Mayor Hurtado.
SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 26, 2023
ROLL CALL: Council Member Barron, yes; Council Member Davila, yes; Council Member Rios, abstained; Vice Mayor Hurtado, yes; Mayor Avalos, yes.
Referring back to altering the municipal code. Council Member Rios and Vice Mayor Hurtado agreed that the $500 fee for stationary vending in front of schools is very high.
Mr. Jeffers explains that Section 8216 states that the applicant must pay the fee in order to obtain a permit.
Mr. Eckart explained there is no need to change the language of the municipal fee and clarified that the state is charging for fingerprinting.
Mr. Jeffers stated it would be clear to the public as far as what the fees are.
Vice Mayor Hurtado asked if the 500 ft distance is applied to schools only.
Mr. Jeffers clarified that roaming vendors are not allowed in residential areas, schools only.
Council Member Barron asked for further clarification from Mr. Eckart regarding the ordinance for parks.
Mr. Eckart states that stationary sidewalk vendors must be 100 ft from the parks.
Council Member Barron also noted the importance of how highly populated our park is and the safety concerns.
Mr. Jeffers wanted clarification of what exactly would be adjusted to the code and clarified that vendors can get fingerprinted from a third-party agency.
Mr. Eckart explains that it applies to stationary sidewalk vendors only.
Council Member Barron motioned to change the distance of stationary vending from 100 ft to 50 ft but died due to lack of second.
Council Member Rios asked if there is anything else in the works for the vendors to be knowledgeable of the ordinance and training.
Mr. Jeffers explained that staff would be trained to walk individuals through the process while also providing them with information about other resources.
SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 26, 2023
Council Member Barron asked why there is currently a restriction on vending 100 ft near fields, playgrounds, restrooms, and concession stands.
Mr. Eckart explained that the distance from playgrounds and fields is to prevent any form of interference to the individuals at the park. The same would apply to the distance from the restroom. It is to ensure the safety and well-being of others.
Council Member Barron requested that the ordinance should be modified to help vendors with the process of obtaining a business license and permits and let them operate throughout the park.
Mr. Eckart explained that Item B applies to stationary vending as well. He also noted that the ordinance could not prohibit stationary vending unless a particular area has an exclusionary agreement.
Mr. Jeffers asked Mr. Eckart if language could be added to the ordinance that clarifies the regulations for stationary vending for park areas and state what is allowed for sidewalk vending at the park.
Council Member Barron motioned to not allow stationary sidewalk vending to occur 100 ft from certain location in the parks in order to ensure the safety and wellbeing of all those involved, seconded by Vice Mayor Hurtado.
ROLL CALL: Council Member Barron, yes; Council Member Davila, yes; Council Member Rios, abstained; Vice Mayor Hurtado, yes; Mayor Avalos, yes.
Council Member Barron then asked if they lease out events such as fairs.
What are the current ordinances for vendors contracted for these events? Mr. Eckart explained how that would fall into Subsection N, which reads that the vendors must hold a 500 ft distance and vendors must be able to vend with a temporary food permit.
Mr. Jeffers asked the council if there was a motion to introduce the amended ordinance.
Council Member Barron asked the council their opinions on Number N.
Mr. Eckart elaborated on the state law of SB 946. He explained that this Ordinance is incorporating SB 946 into local law.
Mr. Jeffers asked the council if anyone would like to make a motion to introduce the ordinance that vendors must hold a 500-ft distance from leased out events and obtain a temporary food permit.
SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 26, 2023
Council Member Barron motioned to introduce the ordinance as amended and seconded by Vice Mayor Hurtado.
AMENDMENT: vendors must hold a 500-ft distance from leased out events and obtain a temporary food permit.
ROLL CALL: Council Member Barron, yes; Council Member Davila, yes; Council Member Rios, yes; Vice Mayor Hurtado, yes; Mayor Avalos, yes.
ADJOURNMENT Mayor Avalos unanimously adjourned the meeting at 10:00 p.m. and seconded by Vice Mayor Hurtado.
PASSED and APPROVED this 12th day of September 2023.
ATTEST:
Maria del Pilar Avalos, Mayor Yodit , City Clerk