Dear Vice Mayor of Vallejo:
I am writing to express my strong support for the proposed mobile food ordinance in the City of Vallejo. This ordinance will provide much-needed clarity and guidance for mobile food vendors, allowing them to operate safely and legally throughout our city. Mobile food vendors offer a valuable service to our community. They provide access to fresh, affordable food in areas that may be underserved by traditional grocery stores. They also contribute to the vibrancy of our neighborhoods and create jobs for local entrepreneurs. I understand that some stakeholders have raised concerns about the potential impact of mobile food vendors on brick-and-mortar businesses. However, I believe that these concerns can be addressed through thoughtful regulation. The proposed ordinance includes reasonable restrictions on where mobile vendors can operate and the hours they can operate. Additionally, I have spoken with several convenience store owners who are open to having mobile food vendors park on their property. This would provide a mutually beneficial arrangement for both the vendors and the store owners. I urge you to vote in favor of the mobile food ordinance. This is an important step towards creating a more welcoming and inclusive environment for all businesses in Vallejo.
Sincerely,
Paul Hayer
President
American Petroleum and Convenience Store Association
CITY OF VALLEJO
SIDEWALK VENDING
ORDINANCE
Background
On September 17, 2018, Governor Brown signed Senate Bill No. 946 (“SB 946”) adding sections 51036-51039 to the
Government Code to regulate sidewalk vendors throughout the State, including in charter cities such as the City of Vallejo.
SB 946 decriminalized sidewalk vending and limited local regulations to those which are “directly related to objective health, safety, or welfare concerns.” The bill provides very specific dictates as to what can and cannot be in a local ordinance.
Definition of “Sidewalk Vendor”
• “Sidewalk vendors” means “persons who sell food
or merchandise from a pushcart, stand, display,
pedal-driven cart, wagon, showcase, rack, or other
non-motorized conveyance, or from one’s person,
upon a public sidewalk or other pedestrian path.”
• A sidewalk vendor may be roaming or stationary.
A roaming sidewalk vendor moves from place to
place, stopping only to complete a transaction,
while a stationary sidewalk vendor sells from a
fixed location.
Definition of “Sidewalk”
“Sidewalk” means the area of the public right-of-way which is designated or ordinarily used for pedestrian travel, and including also any paved or unpaved land within the right of way adjacent to any public street or highway. Sidewalk also includes other pedestrian paths located on public property.
Definition of “Sidewalk Vending
Receptacle”
“Sidewalk vending receptacle” means a pushcart, stand,
display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance.
Regulations under the Ordinance
• Sidewalk vendors would be prohibited from placing any obstruction(s): (1) in, on, over or near the sidewalk that would reduce the width of the sidewalk to less than forty- eight (48) inches, exclusive of the top of the curb; (2) that would interfere with traffic signage by being located within 100 feet of a traffic signal, stop sign, directional sign or commercial driveway; or (3) that would obstruct vehicular traffic.
• In addition, no obstruction may be placed impeding entry to and exit from a business or residence or access to a public facility.
Regulations under the Ordinance, cont’d.
• Sidewalk vending receptacles would be prohibited from touching, leaning against, or being affixed at any time to any sidewalk, building or structure including, but not
limited to, pavement or pavers, lampposts, parking
meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers. • In addition, any equipment used for sidewalk vending
purposes left unattended in any portion of the public
right-of-way would be considered discarded and subject
to seizure and disposal.
Regulations under the Ordinance, cont’d.
• If vending includes food, the Sidewalk Vendor must have a valid mobile food permit issued by the County of Solano Department of Public Health.
• Sidewalk vendors selling food or beverages not already in a prepackaged container would be required to wear a
hairnet and food service gloves.
• A sidewalk vendor, peddler/solicitor must carry a waste disposal bag or container to permit the disposal of trash, food, or liquids.
Regulations under the Ordinance, cont’d.
• Sidewalk vendors would be prohibited from using an open flame on any sidewalk vending receptacle.
• Sidewalk vendors would be required to display their City- issued permit on the street-side portion of the pushcart, stand, display, etc. when operating in the public right-of- way and to wear their City-issued badge on the front of their outer garment.
Regulations under the Ordinance, cont’d.
• Roaming sidewalk vending is limited to the operating
hours of nine a.m. through six p.m. in areas that are
exclusively residential. Stationary Sidewalk Vendors are not permitted in exclusively residential areas.
• In areas zoned for nonresidential use, the hours of
operation would be generally as restrictive as any
limitations on hours of operation imposed on other
businesses or uses on the same street, excluding those
permitted to operate twenty-four (24) hours.
Regulations under the Ordinance, cont’d.
• A sidewalk vendor would be prohibited from operating
within five hundred (500) feet of a permitted certified farmers' market, or any area subject to an encroachment permit, temporary use permit, or special event permit, for special uses, including, but not limited to filming, parades, outdoor concerts, holiday events, community events,
swap meets, art or cultural events, etc.
Regulations under the Ordinance, cont’d.
• A stationary sidewalk vendor is prohibited from operating in a city park if the city* has entered into exclusive
agreements for the sale of food or merchandise by one (1) or more concessionaires for that city park. A sidewalk vendor shall be prohibited from locating within five
hundred (500) feet of a creek, river, drainage way, lake, reservoir or other body of water, any recreational
equipment or other structure or building located within a city park.
* We may consider adding: “or other entity with
control of the city park”.
Regulations under the Ordinance, cont’d.
• To limit traffic congestion and protect the safety of children traveling to and from and in and around schools from potential adverse safety impacts due, in part, to
sidewalk congestion, no sidewalk vendor is permitted to operate within two hundred fifty (250) feet of a public or private school during the period extending of one (1) hour before the start of classes and one (1) hour after the end of classes.
Sidewalk Vendor Permits
• Only sidewalk vendors with valid sidewalk vending permits issued by the public works director or designee, may vend upon the city's public rights-of-way, sidewalks or public parks. Permit Fees will be brought forward to City Council for consideration prior to the finalization of application materials and vendor outreach.
• Sidewalk Vending Permits would be valid for a period of one year.
• A sidewalk vending permit would not provide an exclusive right to operate within any specific portion of the public right-of-way.
Violations and Penalties
SB 946 prohibits criminal penalties for violations of a city’s ordinance and expressly provides for an administrative fine schedule. Accordingly, the Sidewalk Vending Ordinance adopts that schedule, which provides as follows.
For persons engaged as sidewalk vendor operating
without a sidewalk vending permit, there is a maximum fine of $250 for a first violation within one year; a maximum fine of $500 for a second violation within one year of the first violation; and a maximum fine of $1,000 for each additional violation within one year of the first violation.
Violations and Penalties, cont’d.
Every other violation of the Ordinance is punishable
by an administrative fine not to exceed:
• One hundred dollars ($100.00) for a first violation; or • Two hundred dollars ($200.00) for a second violation
within one (1) year of the first violation; or
• Five hundred dollars ($500.00) for each additional
violation within one (1) year of the first violation.
• Additional fines, fees, assessments, or any other financial conditions beyond those authorized may not be assessed.
Peddlers and Solicitors Permits
Under the Ordinance, individuals who sell and make
immediate delivery of goods, wares, merchandise or
things other than from a fixed place of business or from a Sidewalk would also have to obtain a Peddler’s or permit.
Individuals who sell for future delivery goods, wares,
merchandise or things other than from a fixed place of
business or from a Sidewalk would also have to obtain a Solicitor’s or permit.
Effective Date of the Ordinance
The Sidewalk Vending Ordinance would take effect 120
days after it is adopted, during which time the City will do vendor outreach and education to assist the existing
vendors with understanding the Ordinance and the
application process.
Questions?
Broadway Affordable
Housing Development
Assessment
City of Vallejo
City Council and City Manager
Prepared by:
Kevin Zwick, MRG Consultant
Julie Mares, MRG Consultant
Municipal Resource Group, LLC
December 2024
Scope of Activities
• Data collection and documentation review.
• Interviews with relevant stakeholders.
• Analysis of delay and budget overrun causes.
• Recommend best practices appropriate for the City of
Vallejo.
Methodology
The assessment was
completed through a
review of public
documents, emails, and
materials provided by
City staff, documents
provided by Firm
Foundation, and
interviews withkey
stakeholders.
Key Findings
The Homekey
program is
challenging
Project team had
limited experience
with similar
projects
Issues remain
related to ultimate
owner, operator,
PM
Project within
normal budget and
timeline ranges for
sector
Assessment Findings - Root
Causes of Budget and
Schedule Overruns
Root Cause 1 - Project Homekey is
Challenging
▪ Many of the challenges faced by the Broadway Project can be attributed to broader issues with Homekey, the primary funding source.
▪ Issues included aggressive timelines to start and complete construction, and the lack of traditional affordable housing funding partners, which meant there were fewer checks
and balances to ensure project success.
▪ Out of the 116 projects funded in Homekey Round 2, only 26 have been completed and occupied, while the rest
remain in various stages of construction.
Root Cause 2 – General Affordable
Housing Development Risk
∙ The Broadway Project faced
significant challenges typical of
affordable housing developments,
including construction cost
overruns, delays, and unforeseen
disruptions.
∙ Issues included incomplete design
documents, aggressive timelines,
supply chain delays, rising labor
costs, and unexpected
environmental and legal challenges.
∙ Additionally, the project suffered from
insufficient initial funding, inadequate
safeguards under the Homekey
program, and a general contractor’s
bankruptcy, further exacerbating
delays.
∙ These issues highlight the risks of
affordable housing projects,
particularly under accelerated
timelines, and lack of firm funding
commitments, leading to construction
halts and requiring alternative funding
to resume progress.
Root Cause 3 – Limited
Project Team Experience
with Similar Projects
▪ City staff and Firm Foundation lacked
experience with projects of this size, nature,
and complexity.
▪ Despite early challenges, the project team has
made significant improvements to increase its
capacity to successfully complete the
Broadway Project.
Additional Topics Researched by MRG
∙ Why was City of Vallejo not able to utilize the HOME-ARP funds? ∙ How was this piece of land acquired for the development? ∙ How were Firm Foundation and this development chosen? ∙ How was the decision made to go with Factory O/S as the modular company?
∙ Why did the Broadway Project’s subcontractors start putting liens on the property?
Recommendations
Recommendations
Engage a Housing Development Officer for the City with expertise in affordable housing finance and oversight
Secure your property management team and service provider immediately and complete preparations for lease-up
Always require a payment and performance bond prior to the start of construction
Never start a construction project without having firm
commitments for all funding required to complete the
construction project
Only use pre-selected affordable housing developers from a competitive Request for Qualifications process
Create a City of Vallejo Affordable Housing Development Policy and Procedure Handbook and Underwriting Guide
Thanks!
MRG Website:
Solutions-MRG.com
Questions?
CONSIDER AND
AUTHORIZE STAFF TO
SEND A POSITION LETTER
FROM THE CITYCOUNCIL
REGARDING THE
RENAMING OF
CALIFORNIA MARITIME
ACADEMY
Action Calendar Item 9.F
Erik Rzomp
Executive Assistant to the Mayor
December 10, 2024
Recommendation:
Authorize the City Council to sign
a letter to the CSU Board of
Trustees expressing displeasure
in the board decision to exclude
Vallejo from the new name of the
institution formed by the
integration of CSU Cal Maritime
and CSU Cal Poly San Luis Obispo.
Reasons for
Recommendation
• The COV, the Vallejo Community and
the Maritime Academy have been
community partners.
• Omitting the name of Vallejo may be
considered divisive.
• Constituents have voiced dismay
over Cal Poly, Solano Campus and
Cal Poly Maritime Academy.
Discussion:
• Integration the two universities
occurred to address pressing
fiscal and enrollment challenges
faced by the California Maritime
Academy (CMA).
• Cal Poly was selected given the
programmatic similarities, their
renowned engineering offerings,
dynamic enrollment
management capabilities, and
robust financial and
administrative resources.
Discussion :
• In 2023 Cal Poly turned away
30,000 qualified applicants.
• Integrating Cal Maritime and
Cal Poly will increase the
number of students who are
accepted to pursue an
education at the Cal Maritime
campus.
Discussion :
• The new names of the integrated
institutions, Cal Poly, Solano
Campus and Cal Poly Maritime
Academy do not include the
name of the University’s host city,
Vallejo.
Discussion :
• CMA is a revered academic
institution in Vallejo.
• Cal Maritime and its students,
faculty, and staff foster deep
relationships within the
community.
• CMA is a part of our local
economy.
Discussion :
• Given the location of the campus
and the community and
economic ties to the institution, it
would seem fitting to recognize
the host city in the new name:
Cal Poly Maritime Academy,
Vallejo.
Discussion :
• A letter from the Vallejo City
Council addressed to Nathan
Dietrich, Assistant Vice
Chancellor, Advocacy and State
Relations, Office of the
Chancellor, California State
University would encourage the
Board of Trustees to reconsider a
name which includes the host
city, Vallejo.
• No fiscal impacts
CONTACT(S)
Erik Rzomp
Executive Assistant to the Mayor
[email protected]
ACCEPTANCE OF A
DONATION OF A
MENORAH AND THE
DISPLAY ON PUBLIC
PROPERTY
Action Calendar Item 9.G
Erik Rzomp
Executive Assistant to the Mayor
December 10, 2024
Recommendation:
Accept the donation
• The donated menorah is
another aspect of an overall
winter holiday season.
Donation:
• Gift from Chabad Solano approx.
$2000 value
• Supplier provides menorahs
worldwide
• Aluminum, 12 feet high 8.5 feet
wide, 60 lbs.
• Nine LED lights, 110 volts AC
• Relatively simple installation
Discussion:
• Accepting gifts – precedent with
accepting gifts with significant
value from Sister Cities
• City Speech – the intent of the
display is to recognize another
part of our diverse community
• Other local public displays
City of Benicia
Suisun City
City of Fairfield
City of Vacaville
City of Rio Vista
Discussion :
• Dissent – always a possibility
• Vandalism – in the last 15 years
of public menorah lightings in
Solano County there have been
no incidents of vandalism
• Cost to the City – Staff time,
concrete, power. From existing
general fund budget
Discussion :
• Timeline to act
Donor needs to order the menorah
Public Works to set base and install
Goal of having display ready no later
than Monday, December 23, 2024.
Public Works to remove and store
week of January 6, 2025
CONTACT(S)
Erik Rzomp
Executive Assistant to the Mayor
[email protected]