REPORT TO COUNCIL
SUBJECT
Title
Action to Adopt Ordinance No. 2062 Amending the Santa Clara City Code to Create a Limited-Term Pilot Project Regulating Vending Upon Certain Public Sidewalks and Pedestrian Paths Surrounding Levi’s Stadium on Event Days
Report
BACKGROUND
At the July 18, 2023 Council meeting, proposed Ordinance No. 2062 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2062 was published to the Santa Clara Weekly on August 9, 2023, and copies were posted in three public places.
DISCUSSION
SB 946 prohibits California cities and counties from banning sidewalk vendors from operating on public sidewalks or other pedestrian pathways and prohibits cities from regulating sidewalk vendors unless cities establish a permitting system that is consistent with the provisions of SB 946. SB 946 also requires that any restrictions placed on sidewalk vendors be directly related to objective health, safety or welfare concerns. Local jurisdictions that wish to regulate sidewalk vending are required to first adopt a program with regulations consistent with SB 946. The new state law was explained in detail at the April 18, 2023 Council meeting.
During the past event season, the Police Department experienced a drastic increase in the number of unpermitted food and merchandise vendors within the immediate footprint of large-scale stadium events. This increase has caused several health and safety concerns. As currently written, the City Code and regulations do not align with SB 946 and, consequently, the City’s ability to address these health and safety concerns would be limited without first updating the City Code.
Following Council’s direction at the April 18th meeting, staff prepared ordinance amendments outlining a pilot project prohibiting sidewalk vending on certain enumerated streets surrounding Levi’s Stadium on event days. These ordinance amendments were introduced and passed on July 18th.
Council inquired at the July 18th meeting whether the City would include insurance requirements in its permit application, and what similar requirements other cities had. Cities vary on this requirement throughout the state; San Jose and Oakland both require peddlers to obtain commercial general liability insurance policies, while San Francisco and Los Angeles do not. At this time, the City Manager and Police Department do plan to continue to include the insurance requirement for peddlers in the permit application for the pilot project.
Council has already taken action to waive fees and taxes for all required City business licenses and permits for qualified sidewalk vendors operating at stadium events during the pilot program period (September 21, 2023 through January 31, 2024) on a first come first serve basis in an amount not to exceed $30,000. Council has also authorized the City Manager to develop administrative guidelines to implement this fee waiver program.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There will be Police Department and Community Development staff time associated with implementing and enforcing new permit requirements for sidewalk vendors, establishing a sidewalk vendor management program and developing a communication plan to vendors ahead of implementation and at events during the pilot period. The most significant impact from a staffing perspective will be conducting enforcement on Levi’s Stadium event days. At this time, there are approximately 8 major events scheduled at Levi’s Stadium during the pilot program; additional event(s) may be added through January 2024.
Up to $30,000 in Stadium Authority funds will be used to support the permitting initiative. This should make the City general fund whole with respect to any waived fee or tax amounts. This funding proposal will be administered by the Stadium Authority Executive Director out of existing Stadium Authority funds. If a Stadium Authority appropriation is required, a budget amendment will be brought back to the Stadium Authority for its consideration and approval at the next scheduled Stadium Authority meeting.
The Stadium Manager has advised that Stadium will enforce vending regulations on Stadium grounds and parking lots. As such, the Stadium Manager will be handling signage, and the corresponding costs on Stadium grounds and parking lot and will produce signs for public right-of-way (ROW) as appropriate.
COORDINATION
This report was coordinated with the Community Development Department, Police Department, City Attorney’s Office, and City Manager’s Office.
PUBLIC CONTACT
A summary of proposed Ordinance No. 2062 was published to the Santa Clara Weekly on August 9, 2023, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Waive Second Reading and Adopt Ordinance No. 2062 Amending Chapter 5.05 (Solicitors and Peddlers) and Section 9.05.165 (Activities and Conduct Prohibited in Parking Facilities Adjacent to the Stadium or Parking Facilities Used for Stadium Events) of the Santa Clara City Code to Create a Limited-Term Pilot Project Regulating Vending Upon Certain Public Sidewalks and Pedestrian Paths Surrounding Levi’s Stadium on Event Days Pursuant to SB 946
Staff
Reviewed by: Pat Nikolai, Chief of Police
Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Ordinance No. 2062 (Intro)