SR 08-24-2021 7C
City Council Report
City Council Meeting: August 24, 2021
Agenda Item: 7.C
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To: Mayor and City Council
From: George Cardona, Interim City Attorney, City Attorney's Office, Municipal Law
Wolfgang Knabe, Fire Chief, Fire Department
Subject: Introduction and Adoption of an Emergency Ordinance Prohibiting Dumping
of Commercial Trash in City Receptacles; Dumping of Liquid Waste on Public
Rights of Way, On or Onto the Pier or Beach, or Into Storm Drains; and Use
of Combustible Fuels On or In Close Proximity to the Pier
Recommended Action
Staff recommends that the City Council introduce and adopt an emergency ordinance
adding sections to the Santa Monica Municipal Code to prohibit dumping of commercial
trash in City receptacles; dumping of liquid waste on public rights of way, on or onto the
Pier or Beach, or into storm drains; and use of combustible fuels on or in close proximity
to the Pier.
Discussion
As the public has returned to public spaces following the easing of restrictions imposed
in response to the COVID-19 pandemic, the City of Santa Monica has seen an increase
in certain activities posing risks to public safety and the environment occurring in the
vicinity of the beach and Santa Monica Pier. Staff proposes the addition of three
prohibitions of general applicability to the Santa Monica Municipal Code (“SMMC”) to
address the safety and environmental risks.
1. Unregulated Use of Combustible Fuels On and Around the Pier
With increased crowds on the Pier, the City has seen increased use of combustible
fuels, primarily butane, by vendors illegally selling food on the Pier. While the observed
uses of combustible fuels have been by vendors, the unregulated use of combustible
fuels on or in close proximity to the Pier by anyone poses risks to the safety of the
public on the Pier. The Pier is a wooden structure with limited entrances and exits and
equipped only with an under-structure sprinkler system that is not designed to, and will
not, quickly extinguish any fire that might occur and potentially spread as the result of
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unregulated use of combustible fuels on the Pier’s surface, or in close proximity to the
Pier. The California Fire Code (adopted with local amendments by SMMC Chapter 8.40)
has a provision barring the operation of “charcoal burners and other open-flame cooking
devices” on “combustible balconies or within 10 feet (3048 mm) of combustible
construction.” California Fire Code 2019 Section 308.1.4. But this contains an exception
“where buildings, balconies and decks are protected by an automatic sprinkler system,”
and the definition of “automatic sprinkler system” is worded in such a way that it likely
would be interpreted as encompassing the current under-deck sprinkler system, even
though that system is not designed to, and will not, quickly extinguish fires that might
start and spread on the Pier’s surface decking.
To address the public safety risks, staff proposes the addition of new SMMC Section
3.36.290, which would prohibit any person from using any combustible fuel (including,
but not limited to, propane, butane, any other liquid gas, kerosene, steno, charcoal or
wood) on the Pier (including the Pier Bridge) or within 25 feet of the Pier, for any
purpose involving the fuel’s combustion (including, but not limited to, heating, lighting, or
cooking) without first obtaining a permit from the Fire Marshal. The proposed ordinance
would permit the Fire Marshal or designee to promulgate implementing regulations as
necessary; provide that violations of the ordinance may be handled as infractions,
misdemeanors, or through issuance of administrative citations; and establish fine
amounts for violations, with the administrative fines being subject to future modification
by the City Council by way of resolution. The proposed ordinance would also permit the
impounding of combustible fuel used in violation of the section as well as the fuel’s
container and authorize the Fire Marshal or designee to promulgate regulations
implementing impound and storage procedures.
2. Dumping of Commercial Trash in Public Receptacles
The City maintains public receptacles for the deposit of litter at various locations
throughout the City, including on the beach, in beach parking lots, in the vicinity of the
Pier, and in City parks. These public receptacles are intended to provide individuals with
a location at which they can dispose of small amounts of personal litter that, in the
absence of the receptacles, would potentially be discarded on City streets, City parking
lots, City parks, or the beach. The receptacles are not intended for, and are not sized
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for, the deposits of larger amounts of waste generated by commercial or business
activities.
With increased crowds at the beach and on the Pier, the City has seen dramatically
increased volumes of waste being deposited into public receptacles on the beach, in
beach parking lots, and in the vicinity of the Pier. In particular, City staff has observed
and received reports of vendors depositing large volumes of waste generated from their
vending activities into these receptacles, causing significant overflow from the
receptacles into the areas in which the receptacles are located, as well as adjacent
streets and beach areas. The City has attempted to address this through scheduling
increased numbers of collections, and the placement of additional larger bins in high
volume locations. Both cost money. And, after placing the larger bins, City staff has
observed trucks of unknown origin driving to the bins to dump what appears to be
significant volumes of waste generated by commercial or business activities, resulting
again in significant overflow. This overflow poses risks to public health and safety, and
to the environment, from dispersal of waste by winds onto the beach, into the ocean,
and into streets and storm drains.
Current SMMC Section 7.48.030 attempts to address the placement of waste in
receptacles, stating: “Persons placing litter in public receptacles or in authorized private
receptacles shall do so in such a manner as to prevent it from being carried away by the
elements.” This does not address the fundamental underlying problem of private
businesses improperly using public receptacles to dispose of waste generated by their
private business activities, displacing the intended non-business users of the
receptacles, and causing increased risks of waste displacement. Accordingly, staff
recommends the adoption of new SMMC Section 7.48.035, which would make it
unlawful for any “owner, manager, operator, or employee of a business to deposit litter
from that business in a public receptacle without first obtaining a permit from the
Department of Public Works.” The proposed ordinance would permit the Director of
Public Works or designee to promulgate implementing regulations as necessary;
provide that violations of the ordinance may be handled as infractions, misdemeanors,
or through issuance of administrative citations; and establish fine amounts for violations,
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with the administrative fines being subject to future modification by the City Council by
way of resolution.
3. Dumping of Liquid Waste in Public Areas and Storm Drains
In addition to the dumping of business waste into public receptacles, City staff has
observed and received reports of individuals discarding liquid waste into street gutters
and storm drains, onto parking lots, onto and in the vicinity of sidewalks and bike paths,
and through the Pier decking onto the beach and water below. Many of the individuals
observed engaging in such dumping are believed to be vendors disposing of used oil
and grease and other food waste generated by preparing and cooking food. But not all
have been identified as vendors, and such dumping causes public harm whether or not
the dumper is a vendor. In particular, such dumping poses environmental risks to the
quality of water in Santa Monica Bay, to the health and safety of birds and fish living in
or around Santa Monica Bay, and to the health and safety of visitors to the beach and
swimmers in the Bay. See, e.g., SMMC Section 7.10.010 (findings relating to pollutants
entering Santa Monica Bay through storm drains). In addition, the discarding of grease
and oil on or in the vicinity of bike paths poses safety hazards to bicyclists, who may slip
and fall after running through it.
SMMC Chapter 7.10 includes a general prohibition on discharges of pollutants into
storm drains (SMMC Section 7.10.040(a)) but does so in the context of a complex
statute addressing runoff conservation and sustainable water management generally.
As a result, it does not provide a straightforward, simple to understand, and easy to
enforce prohibition. Accordingly, staff recommends the adoption of new SMMC Section
7.48.130, which would define “liquid waste” to include fuels, solvents, cooking oil or fat,
grease, paint, detergents, fertilizers, pesticides, lubricants, surfactants, waste oils,
coolants, grease, liquid containing residue of raw fish, meat, or chicken, or prescription
or non-prescription medicines and make it unlawful for any person to “dispose of” any
“liquid waste in any storm drain” or “to dispose of any liquid waste in or on any street,
sidewalk, bike path, public parking lot, public park, the beach, the Santa Monica Pier, or
any public receptacle.” The proposed ordinance would also make it unlawful for any
person to dispose of any solid waste in any storm drain. The proposed ordinance would
permit the Director of Public Works or designee to promulgate implementing regulations
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as necessary; provide that violations of the ordinance may be handled as infractions,
misdemeanors, or through issuance of administrative citations; and establish fine
amounts for violations, with the administrative fines being subject to future modification
by the City Council by way of resolution.
Fiscal Impacts
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: George Cardona, Interim City Attorney
Approved
Forwarded to Council
Attachments:
A. Proposed Ordinance
B. Written Comments
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City Council Meeting: August 24, 2021 Santa Monica, California
ORDINANCE NUMBER_________(CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTIONS TO THE SANTA MONICA MUNICIPAL
CODE TO PROHIBIT DUMPING OF COMMERCIAL TRASH IN CITY
RECEPTACLES; PROHIBIT DUMPING OF LIQUID WASTE ON PUBLIC RIGHTS
OF WAY, ON OR ONTO THE PIER OR BEACH, OR INTO STORM DRAINS; AND
PROHIBIT THE USE OF COMBUSTIBLE FUELS ON AND IN CLOSE PROXIMITY
TO THE SANTA MONICA PIER WITHOUT A PERMIT
WHEREAS, as the public has returned to public spaces following the easing of
restrictions imposed in response to the COVID-19 pandemic, the City of Santa Monica
has seen an increase in certain activities posing risks to public safety and the environment
occurring in the vicinity of the beach and Santa Monica Pier, including the use of
combustible fuels on the Santa Monica Pier, the dumping of grease and other liquid waste
on streets and into storm drains, and the dumping of large quantities of commercial trash
into City receptacles; and
WHEREAS, the Santa Monica Pier is a wooden structure with limited entrances
and exits and equipped only with an under-structure sprinkler system, with the result that
the unregulated use of combustible fuels of any type on or in close proximity to the Pier
poses risks to the safety of the public on the Pier; and
WHEREAS, the dumping of grease, oil, and other liquid waste on streets,
sidewalks, and bike paths, on the beach, through the boards of the Pier onto the beach
or into the ocean below, and into storm drains that feed into Santa Monica Bay, pose
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Packet Pg. 796 Attachment: Proposed Ordinance (4709 : 1st Reading - CDD Code Combustible Fuels and Dumping)
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environmental risks to the quality of water in Santa Monica Bay, to the health and safety
of birds and fish living in or around Santa Monica Bay, and to the health and safety of
visitors to the beach and swimmers in the Bay; and
WHEREAS, the dumping of large quantities of trash generated by business
activities into City receptacles intended for much smaller quantities of trash generated by
individuals has resulted in frequent overflowing of City receptacles causing trash to
disperse into public parking lots, streets, and sidewalks, as well as onto the beach, posing
health and safety risks to residents and visitors using those public spaces; and
WHEREAS, the City Council finds and declares that a current and immediate
threat to the public health, safety, and general welfare exists as the result of the
unregulated use of combustible fuels of any type on or in close proximity to the Pier;
the dumping of grease, oil, and other liquid waste on streets, sidewalks, and bike
paths, on the beach, through the boards of the Pier onto the beach or into the ocean
below, and into storm drains that feed into Santa Monica Bay; and the dumping of
large quantities of trash generated by business activities into City receptacles
intended for much smaller quantities of trash generated by individuals; and
WHEREAS, the City Council finds and declares that as a result, this emergency
ordinance addressing these activities is necessary to protect the public health, safety,
and welfare.
///
///
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 3.36.290, Prohibition on Use
of Combustible Fuels in and Around Pier, is hereby added to read as follows:
3.36.290 Prohibition on Use of Combustible Fuels in and Around Pier
(a) No person shall use any combustible fuel, including but not limited to
propane, butane, any other liquid gas, kerosene, sterno, charcoal, or wood, on the Santa
Monica Pier, including the Pier Bridge, or within 25 feet of the Santa Monica Pier, for
any purpose involving the fuel’s combustion, including, but not limited to, heating,
lighting, or cooking, without first obtaining a permit from the Fire Marshal.
(b) The Fire Marshal or designee may promulgate regulations to implement
the provisions of this section. No person shall fail to comply with any such regulation.
(c) Any person violating this section, or any regulation promulgated under this
section, shall be guilty of an infraction, which shall be punishable by a fine not exceeding
$500 per violation, or a misdemeanor, which shall be punishable by a fine not exceeding
$500 per violation, or by imprisonment in the County Jail for a period not exceeding six
months, or by both such fine and imprisonment. This section and any regulations
promulgated under this section shall also be enforceable through the issuance of
administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal
Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount
of the fine for a violation of this section, or any regulation promulgated under this section,
shall be as follows, subject to modification by the City Council by resolution: $250 for a
first violation; $500 for a second violation committed within one year of the first violation;
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and $1,000 for a third or subsequent violation committed within one year of the first
violation. Each day or portion of a day that any person violates or continues to violate
any provision of this section, or any regulations promulgated under this section,
constitutes a separate violation and may be charged and punished separately.
(d) The City may impound combustible fuel being used in violation of this
section, together with the storage tank or other storage receptacle in which that
combustible fuel is held. The City may immediately dispose of impounded combustible
fuel that cannot be safely stored and may dispose of impounded abandoned materials
in accordance with administrative regulations. The Fire Marshal or designee shall
promulgate regulations regarding impound and storage procedures and the disposal of
abandoned impounded materials. The City Council may by resolution adopt impound
fees, which shall reflect the City’s enforcement, investigation, storage, and impound
costs. No person shall retrieve impounded materials without paying applicable impound
fees and demonstrating proper proof of ownership.
SECTION 2. Santa Monica Municipal Code Section 7.48.025, Use of Public
Receptacles, is hereby added to read as follows:
7.48.025 Use of Public Receptacles
(a) It is unlawful for any owner, manager, operator, or employee of a business
to deposit litter from that business in a public receptacle without first obtaining a permit
from the Department of Public Works.
(b) The Director of Public Works or designee may promulgate regulations to
implement the provisions of this section. No person shall fail to comply with any such
regulation.
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(c) Any person violating this section shall be guilty of an infraction, which shall be
punishable by a fine not exceeding $250 per violation, or a misdemeanor, which shall be
punishable by a fine not exceeding $500 per violation, or by imprisonment in the County
Jail for a period not exceeding six months, or by both such fine and imprisonment. This
section and any regulations promulgated under this section shall also be enforceable
through the issuance of administrative citations in accordance with Chapter 1.09 of the
Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica
Municipal Code, the amount of the fine for a violation of this section, or any regulation
promulgated under this section, shall be as follows, subject to modification by the City
Council by resolution: $250 for a first violation; $500 for a second violation committed
within one year of the first violation; and $1,000 for a third or subsequent violation
committed within one year of the first violation. Each day or portion of a day that any
person violates or continues to violate any provision of this section, or any regulations
promulgated under this section, constitutes a separate violation and may be charged and
punished separately.
SECTION 3. Santa Monica Municipal Code Section 7.48.130, Dumping of Liquid
and Solid Waste, is hereby added to read as follows:
7.48.130 Dumping of Liquid and Solid Waste
(a) As used in this Section, the following terms shall have the following
meanings:
(i) “Liquid Waste” means any liquid commercial or industrial waste
(such as fuels, solvents, cooking oil or fat, grease, paint, detergents, fertilizers, or
pesticides); petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils,
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solvents, coolants, or grease); liquid contaminated with residue from raw or semi-cooked
fish, meat, or chicken (including liquid resulting from the melting of ice used to store raw
or semi-cooked fish, meat, or chicken); and liquid prescription or non-prescription
medicines.
(ii) “Solid Waste” means any solid product other than ice being disposed
of as waste, including but not limited to food, paper, cardboard, metal, glass, or plastic.
(b) It is unlawful for any person to dispose of any solid or liquid waste in any
storm drain.
(c) It is unlawful for any person to dispose of any liquid waste in or on any
street, sidewalk, bike path, public parking lot, public park, the beach, the Santa Monica
Pier, or any public receptacle.
(d) The Director of Public Works or designee may promulgate regulations to
implement the provisions of this section. No person shall fail to comply with any such
regulation.
(e) Any person violating this section, or any regulation promulgated under this
section, shall be guilty of an infraction, which shall be punishable by a fine not exceeding
$500 per violation, or a misdemeanor, which shall be punishable by a fine not exceeding
$500 per violation, or by imprisonment in the County Jail for a period not exceeding six
months, or by both such fine and imprisonment. This section and any regulations
promulgated under this section shall also be enforceable through the issuance of
administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal
Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of
the fine for a violation of this section, or any regulation promulgated under this section,
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shall be as follows, subject to modification by the City Council by resolution: $250 for a
first violation; $500 for a second violation committed within one year of the first violation;
and $1,000 for a third or subsequent violation committed within one year of the first
violation. Each day or portion of a day that any person violates or continues to violate
any provision of this section, or any regulations promulgated under this section,
constitutes a separate violation and may be charged and punished separately.
SECTION 6. Any provision of the Santa Monica Municipal Code or any appendix
thereto inconsistent with the provisions of this emergency ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this emergency ordinance.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this
emergency ordinance is for any reason held to be invalid or unconstitutional by a decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this emergency ordinance. The City Council hereby declares that it
would have passed this emergency ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard to
whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage
of this emergency ordinance. The City Clerk shall cause the same to be published once
in the official newspaper within 15 days after its adoption. Pursuant to Sections 615 and
619 of the City Charter, for the reasons stated in the recitals above, the City Council
declares this emergency ordinance to be necessary as an emergency measure for
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preserving public health and safety, with the result that this emergency ordinance shall
be introduced and adopted at the same meeting and shall become effective immediately
upon its adoption.
APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
Interim City Attorney
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Vernice Hankins
From:Nathan Smithson <NSmithson@PacPark.com>
Sent:Monday, August 23, 2021 5:08 PM
To:councilmtgitems
Cc:pier.teesrus@gmail.com
Subject:August 24, 2021, City Council Agenda Item: 7.C
Attachments:Letter to Council from SMPVCP August 2021.pdf
EXTERNAL
To City of Santa Monica Councilmembers:
I am forwarding you the attached correspondence from Santa Monica Pier Vending Cart Owners Association, Carlos
Escobar:
The Santa Monica Pier Vending Cart Owners Association which represents the 15 businesses that utilize the
kiosks and vending carts permitted on the Santa Monica Pier is in favor of the passing of the ordinances to limit
trash, littering, and the use of unpermitted fuels on and around the Pier.
Since its inception in (1998) the Santa Monica Pier Vending Cart Program can be considered an unmitigated
success by any and all means of measurement. Conceived by city staff as a program to help local independent
operators own a business on the prestigious pier, it continues to this day, to bring a
vibrant and eclectic energy to the business environment by offering non formula models that cater to the diversity
of the pier's demographics. Our program has been used as a successful model for numerous startup programs in
business districts across the country.
Our member carts and businesses are all held to the highest standards and are in full compliance with all levels of
local and state governments programs with regards to health, safety and personnel management. Along with
frequent inspections and testing, food carts are stored nightly in health department approved commissaries to
ensure the highest sanitary operating conditions are the norm on a daily basis. In addition, any carts utilizing open
flame cooking processes have been inspected by the Santa Monica Fire Department and are certified to operate
safely on the pier.
All of the carts in the existing Vending Cart Program are legally registered, monitored and frequently inspected to
ensure the highest standards of safety and sanitation are continually maintained.
The Santa Monica Pier Vending Cart Owners Association takes great pride and personal responsibility in the
privilege of being allowed to operate on this historic landmark. It has literally changed the lives of all of us for the
better. Vending cart revenues have traditionally remained constant and strong over the years, thus providing
employment for local residents and a steady revenue stream for the city. As a group, we are quick to help and
always willing to lend a hand when it comes to issues relating to pier safety, security and anything in general to
assist in the overall good management policies of the pier to ensure all of our guests and visitors have a
memorable, safe and enjoyable experience.
We love the pier and understand that these are very difficult and trying times for all and remain committed along
with the rest of the pier business community to moving forward to create and maintain the vision of the pier we
believe we all share.
On behalf of the vending cart owners, I remain respectfully yours,
Carlos Escobar
President
Santa Monica Pier Vending Cart Owners Association
200 Santa Monica Pier, Santa Monica, CA 90401
Carlos is copied here should you have any questions.
Item 7.C 8/24/21
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Packet Pg. 804 Attachment: Written Comments (4709 : 1st Reading - CDD Code Combustible Fuels and Dumping)
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NATHAN SMITHSON
Director of Marketing and Business Development
O: 310 260 8744 ext. 253
F: 310 899 1826
E: NSmithson@pacpark.com
W: www.pacpark.com
Pacific Park on the Santa Monica Pier
380 Santa Monica Pier - Santa Monica, CA 90401
Event proposals and related communications are not binding on Pacific Park. Mutual execution of a written contract is required.
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and
others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
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Packet Pg. 805 Attachment: Written Comments (4709 : 1st Reading - CDD Code Combustible Fuels and Dumping)
August 23, 2021 Re: Item 7.C. on 08.24.2021
Greetings Honorable Councilmembers, The Santa Monica Pier Lessees Association (SMPLA), representing the 17 businesses leasing from the
City and operating on the Santa Monica Pier would like the City Council to approve the proposed changes
to the municipal code in tonight’s Agenda Item: 7.C. We are united with the 13 businesses that are
licensed through the established Pier mobile vending cart program and represented by the Santa Monica
Pier Cart Operators Association.
Over the last several months, non-permitted cart operations on and around the Pier has increased almost
5-fold. It is now common to see over 100 mobile vendors and food carts operating on and around the pier,
many of which are cooking food with open flame and hold no certification or permit. The unpermitted carts
cooking hot dogs, elotes and other food items use modified butane stoves that do not meet the minimum
standards for fire safety and pose a significant fire danger to the 110-year-old wooden pier. Just a month
ago, a similar operation caught on fire and exploded at the San Francisco’s Fisherman’s Wharf – luckily
their Pier is concrete, so it caused no major fire.
The increase in unregulated commercial activity on and around the pier has resulted in the dumping of
trash and food waste in beach parking lots, in the sand, and even on the wooden boardwalk. Grease and
food scraps fall through the pier deck boards into the ocean. Operators of these unpermitted businesses
have been observed discarding unsold produce, plastic packaging, and spent butane fuel cannisters on
and around the pier and beach, polluting our most cherished resource.
The pier businesses support the recommendations made by City Staff and hope that these minor
changes to the local codes will help deter these types of irresponsible business activities and protect the
health and safety of the Santa Monica Pier, our employees, and guests.
Thank you for your consideration,
The Santa Monica Pier Lessees Association
cc: John Jalili
Anuj Gupta
Jennifer Taylor
Elana Buegoff
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Packet Pg. 806 Attachment: Written Comments (4709 : 1st Reading - CDD Code Combustible Fuels and Dumping)
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August 23, 2021
To: Santa Monica City Council
CC: City Manager John Jalili, Deputy City Manager Anuj Gupta, Pier Administrator Elana Buegoff
From: Santa Monica Pier Corporation Board of Directors
Re: August 24, 2021 Santa Monica City Council Meeting Agenda Item 7.C.
Honorable Santa Monica City Council Members;
The Santa Monica Pier Corporation Board of Directors thanks you for addressing the collective Santa Monica
Pier community’s cleanliness and safety concerns – especially those regarding the current, growing
unpermitted use of combustible fuels by vendors - and urges you to approve the proposed Emergency
Ordinance additions to the Santa Monica Municipal Code to prohibit dumping of commercial trash in City
receptacles; dumping of liquid waste on public rights of way, on or onto the Pier or Beach; and use of
combustible fuels on or in close proximity to the Pier (August 24, 2021 Santa Monica City Council Agenda
Item 7.C.).
Since its opening day on September 9, 1909, the Santa Monica Pier has been a focal point for both the local
community and visitors from all over the world. The Pier has welcomed people universally and, in equal
fashion, has provided opportunity to all walks of life including business enterprises, the fishing community,
street performers and many other trades including, of course, commercial street vending. These activities are
a vital part of the Pier’s appeal, and when they operate harmoniously and safely, the Pier is indeed a world-
class destination.
In 2001 the City launched the Vending Cart Program on the Pier in recognition of the experiential value that
street vending could add to the Pier. Defined within that program are requirements specifically intended to
assure the safety of the vendors, our residents and all of our visitors. Among these requirements is the need
to secure proper permits from the Santa Monica Fire Department for the use of combustible fuels. The
process to secure such a permit requires education and training in order to assure safe use. Since the
Vending Cart Program’s launch, these requirements have been consistently met by the program’s
participants.
However, as you have likely observed or otherwise have been made aware of, since the 2018 adoption of
California State Bill 946, unlicensed commercial vending on the Pier and Beach has increased dramatically.
The amount of individual cart vendors on the Pier has grown exponentially in recent months, and a great
many of the newly arrived vendors are using combustible fuels such as propane without the required
permits. This situation needs to be addressed immediately, especially since the Pier’s current fire suppression
system underneath the Pier deck is not sufficiently designed to extinguish a fire above the deck, which of
course is where the vending and corresponding fuel use occurs.
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7.C.b
Packet Pg. 807 Attachment: Written Comments (4709 : 1st Reading - CDD Code Combustible Fuels and Dumping)
The proposed additions to the Municipal Code are well thought-out, and we are especially pleased with the
language specific to addressing the use of combustible fuels. This addresses one of our top priorities, the
overall safety of our employees, residents and visitors.
In addition, we wish to commend City Staff for their recent efforts to enforce the limited measures that the
City Ordinance currently defines, specifically the actions that were taken on Saturday, August 14th with
increased Code Enforcement and Law Enforcement staffing and action. While we understand that the levels
of enforcement that were implemented that day are currently not sustainable, we are committed to working
with the City toward a more permanent increased presence.
We thank the City of Santa Monica for these recent efforts and look forward to the proposed next steps so
that we can all collectively share with the world our clean, safe and wonderfully memorable Santa Monica
Pier.
EXHIBIT A: Propane tank used for cooking on an unlicensed vending cart
Item 7.C 8/24/21
5 of 5 Item 7.C 8/24/21
7.C.b
Packet Pg. 808 Attachment: Written Comments (4709 : 1st Reading - CDD Code Combustible Fuels and Dumping)