REPORT TO COUNCIL
SUBJECT
Title
Approve Adoption of Ordinance No. 2075 Amending Article IV (“Stadium Pilot Program”) of Chapter 5.05 (“Solicitors and Peddlers”) of the Santa Clara City Code to Make the Pilot Program Permanent
Report
COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure
Enhance Community Engagement and Transparency
BACKGROUND
At the January 28, 2025 Council meeting, proposed Ordinance No. 2075 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2075 was published to the Santa Clara Weekly on February 19, 2025, and copies were posted in three public places.
DISCUSSION
In 2023, the City Council approved the introduction of an Ordinance 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 on certain public sidewalks and pedestrian paths surrounding Levi’s Stadium on event days (“Pilot Program”). The Pilot Program expires on February 28, 2025.
Since implementation of the Pilot Program in September 2023, there have been 29 major events at Levi’s Stadium. Staff has distributed multi-lingual (Spanish and English) educational flyers to vendors and identified “supply vans” so early intervention and education could take place before the vendors established fixed positions. Despite these efforts, staff have administered compliance admonishments, issued administrative citations to unpermitted vendors and made arrests over the pilot program for violations of the Ordinance.
The volume of new individuals attempting to set-up to sell food/merchandise at each event, combined with the lack of business licenses and permits, requires constant education and enforcement related to the Ordinance. Without regular attention and action, the health, safety and welfare concerns previously addressed with Council (e.g., inadequate waste disposal, propane and hot cook top dangers, alcohol sold without ABC permits and/or to underage individuals, unsafe food preparation and storage, etc.) would continue and, likely, escalate.
The staff recommendation is to approve an amended Ordinance as follows:
1) Remove the sunset date to make the Ordinance permanent (subject to modification by amendment).
2) Modify City Code Section 5.05.430 Time, Place or Manner restrictions as follows:
a. a. Add (b) (8) “East bound Old Glory Lane (from Old Ironsides Drive to Great America Parkway)” to the defined Stadium Area.
b. Add (c) to read, “No sidewalk vendor shall exceed an operational space of 10’ by 10’. All food, merchandise, equipment, and other accessories related to sidewalk vending must fit within the defined operational space.”
The 10’x10’ size limitation articulated in the proposed new subsection (c) to Section 5.05.430 is intended to address the concerns related to maintaining clear pathways for pedestrians, disabled persons, and emergency responders.
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 continue to be Police Department and Finance Department staff time associated with responding to inquiries and processing new permit requirements for sidewalk vendors, however the most significant impact will be conducting enforcement on Levi’s Stadium event days. On average, there have been 18 major events per year at Levi’s Stadium since it opened in August 2014.
The excitement around the pending Super Bowl (one football game, February 2026) and FIFA World Cup (six soccer matches between June 13 - July 1, 2026) may create a need for sidewalk vendor enforcement during an extended period of time surrounding the actual event day. As a result, the 2026 staff expenses related to sidewalk vending enforcement around the Stadium are expected to be above average.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
A summary of proposed Ordinance No. 2075 was published to the Santa Clara Weekly on February 19, 2025, 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. 2075 amending Article IV (“Stadium Pilot Program”) of Chapter 5.05 (“Solicitors and Peddlers”) of the Santa Clara City Code to make the Pilot Program permanent as the “Stadium Area Sidewalk Vending” Ordinance.
Staff
Reviewed by: Glen R. Googins, City Attorney
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Ordinance No. 2075 (Intro)