REPORT TO COUNCIL
SUBJECT
Title
Action to Approve Adoption of an Ordinance Readopting the Expired Sidewalk Vendor Stadium Pilot Program with a New Sunset Date and Slightly Expanded Footprint
Report
BACKGROUND
At the March 19, 2024 Council meeting, proposed Ordinance No. 2067 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2067 was published to the Santa Clara Weekly on April 3, 2024, and copies were posted in three public places.
DISCUSSION
The sidewalk vending pilot program ordinance (SCCC Chapter 5.05) was adopted on August 22, 2023. By its terms, the pilot program expired and was considered repealed as of the sunset date of January 31, 2024. Staff now requests a readoption of the ordinance to reinstate the pilot program for the 2024 non-NFL event season and August 2024 - January 2025 NFL season. Furthermore, staff recommends to modify the time, place or manner restrictions to include “Old Glory Lane east and west of Great America Parkway.” Currently, the language omits the section of Old Glory Lane west of Great America Parkway.
An extension of the pilot program will allow staff to implement adjustments to the communication and enforcement plan during the non-NFL event season and further test those practices during the 2024 NFL season. This will also allow staff to conduct more comprehensive benchmark review of unpermitted vending impacts and responses at similar venues. The challenge remains for the ability to have a long-term partnership with ABC and the County of Santa Clara Environmental Health Department to lead the alcohol and food sales related health, safety and welfare efforts. Personnel and funding resources continue to prevent their presence at every Levi’s Stadium event. Staff will continue to pursue solutions with both ABC and the County.
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 processing new permit requirements for sidewalk vendors. However the most significant impact will be conducting enforcement on Levi’s Stadium event days. At this time, there are approximately 15 major events scheduled at Levi’s Stadium from May 2024 through February 2025; additional event(s) may be added during this timeframe.
Staff recommends maintaining the ability to waive fees and taxes for all required City business licenses and permits for qualified sidewalk vendors operating at stadium events through the new sunset date on a first come first served basis in an amount not to exceed $30,000.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
A summary of proposed Ordinance No. 2067 was published to the Santa Clara Weekly on April 3, 2024, 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
1. Waive Second Reading and Adopt Ordinance No. 2067 amending Chapter 5.05 (“Solicitors and Peddlers”) of the Santa Clara City Code to readopt the Street Vending Stadium Pilot Program to run through February 28, 2025, and modifying Section 5.05.430 (“Time, Place or Manner Restrictions”) to include Old Glory Lane west of Great America Parkway.
2. Authorize City Manager to waive fees and taxes for all required City business licenses and permits, for qualified sidewalk vendors operating at stadium events through the new sunset date on a first come first served basis in an amount not to exceed $30,000, less fees/taxes previously waived.
Staff
Reviewed by: Glen R. Googins, City Attorney
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Ordinance No. 2067 (Intro)