SR 08-23-2022 10B
City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 10.B
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To: Mayor and City Council
From: David White, City Manager, City Manager's Office, Administration
Subject: Introduction and First Reading of an Ordinance Modifying City Sidewalk
Vending to Allow for Stationary Vending with 100-500 Foot Perimeter to
Santa Monica Pier by Permitted Vendors
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance amending Santa Monica Municipal Code Sec. 6.36.040 to expand
opportunities for stationary sidewalk vending.
Executive Summary
In response to the passage of Senate Bill (SB) 946 decriminalizing sidewalk vending,
Santa Monica was one of the first cities in California to implement a vending permit
program. Today over 180 vendors are licensed in the City. However, after continued
proliferation of unpermitted vending around the Pier and heightened community concern
following several public safety incidents involving unpermitted vendors, in December
2021, the Council directed the City Manager to return with a study session focused on
the citywide response to sidewalk vending in Santa Monica. The Council held a study
session on February 22, 2022 and gave direction to staff to continue its coordinated
enforcement approach focused on public safety and health, while exploring
opportunities to expand economic opportunities for our local, permitted vendors and
working with stakeholders to reduce the barriers to entry for those who seek to vend
lawfully in Santa Monica.
In response to Council direction along with feedback and advocacy from current
permitted vendors in Santa Monica, staff is recommending a relatively modest but
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meaningful modification to the City’s local sidewalk vending ordinance that would allow
for stationary vending in the 100-to-500-foot “buffer zone” (Attachment A) at the
southern end of Palisades Park—a busy and economically desirable area where only
roaming vending is currently allowed. If Council approves, staff would work to
implement a rotational space allocation system for permitted stationary vending within
this area to provide equitable access to lucrative vending opportunities in this area. Staff
would also advance further outreach and policy measures to expand opportunities for
sidewalk vendors as presented below.
Background
SB 946
On September 17, 2018, then-Gov. Jerry Brown signed SB 946 (Attachment B), which
decriminalized sidewalk vending across California. The intent of the law was to create
entrepreneurial and economic development opportunities for immigrant and low-income
communities; increase access to culturally significant food and merchandise; contribute
to a safe and dynamic public space; and promote the safety and welfare of the public by
encouraging local authorities to support and properly regulate sidewalk vending. The
law established the legality for both stationary and roaming vending to occur. Under SB
946, cities were not allowed to adopt requirements imposing certain regulations on the
time, place, and manner of sidewalk vending, without first establishing a permitting
program and making findings due to objective health, safety, and welfare concerns. In
April 2019, the City Council adopted an ordinance (Attachment C) establishing a local
permitting program for sidewalk vending in Santa Monica that balanced public health
while expanding opportunities for micro-entrepreneurs. Santa Monica was one of the
first cities in the state to develop a vending program, and today over 180 vendors are
legally permitted to vend in Santa Monica.
In August 2021, following a rise in crowds and commercial activities after many months
of stay-at-home orders due to the COVID-19 pandemic, the City Council approved an
emergency ordinance (Attachment D) to address public safety and environmental risks
arising from unlawful commercial activity around the Santa Monica Pier. The ordinance
applies to all persons, including sidewalk vendors, and prohibits the use of unpermitted
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combustible fuels on or within 25 feet of the Pier, the dumping of commercial trash in
public receptacles, and the disposal of liquid waste in public spaces and storm drains. In
February 2022, the City Council amended the combustible fuels ordinance to also
prohibit the possession of combustible fuels on or within 25 feet of the Pier.
Pier Task Force/DaRT Update
Since the inception of the City’s permitted vending program in 2019, staff have
prioritized educating vendors about our permit program and have sought voluntary
compliance with our local health and safety laws. Unfortunately, some vendors have
been unwilling to obtain the proper permits and, when permitted, move to the ample
locations where it is permissible to vend. Thus, enforcement remains a necessary tool
given the dangers to public safety and health. Our enforcement efforts are a
collaboration between our Fire Department, Code Enforcement, Police Department, City
Attorney’s Office, and the Los Angeles County Department of Public Health, the lead
agency on proper food handling and permitting. The team has formalized into a unit
known as the Directed Action Response Team (DaRT), formerly known as the Pier
Vending Task Force. Beyond checking for the appropriate permits, licensing, and
location of vending activity, DaRT has also focused on addressing the prohibited use of
combustible fuels and dumping of liquid and other waste that present serious dangers to
the wooden Pier and coastal environment.
When engaging with vendors in the Pier and Beach areas, the consistent approach of
the Code Enforcement, Police Department, and Fire Department personnel assigned to
DaRT is to lead with a focus on education and outreach. Indeed, DaRT members
complete hundreds of contacts with permitted and unpermitted vendors each week,
advising them of the health and safety requirements and local permit regulations, while
connecting them to City resources to support permitting efforts and distributing outreach
bilingual materials. Since the program’s inception, the City had held bilingual townhalls
to educate vendors on the City’s sidewalk vending program and the subsequent
changes that have been made. Code Enforcement and DaRT personnel have also
distributed hundreds of pages of bilingual written materials advising vendors of the local
regulations and how to become a permitted vendor if they have not already done so.
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Enforcement activities are undertaken when necessary to protect public safety and
health. Over the last three months, the team has completed 101 unpermitted vendor
confiscations totaling well over 1200 pounds of food product that was unsafe for human
consumption, have issued 149 administrative citations, conducted 145 traffic stops and
have removed 59 encampments from along our beaches. The team has made 29
arrests for a variety of criminal offenses such as human trafficking, firearm possession,
parolees at large, assault with deadly weapon, drug possession, robbery, no bail
warrants for violent offenses, chronic vending and violation of court orders.
The ability of the DaRT to have an immediate and consistent presence on the Pier and
beach lots ameliorate the crowding, safety and access issues that are common in this
highly trafficked area. At its meeting on June 28, 2022, Council adopted a FY 2022-23
Budget that included funding for DaRT for another year.
Legislative Advocacy
This legislative session, two bills have been introduced in the California State legislature
that aim to streamline the permitting process for sidewalk vending and lower the barrier
to entry for micro-entrepreneurs while allowing for modest amendments to the allowable
enforcement provisions under SB 946. SB 1290, sponsored by the City and authored by
Senator Ben Allen, would have made modest amendments to SB 946 to assist cities in
deterring unpermitted vending by allowing local jurisdictions to impose increased fines
on the fourth repeat violation or beyond. However, Sen. Allen ultimately amended his
bill down to reduce it to a “study bill” that would direct the state’s GO-BIZ office to study
and report back by January 1, 2025, on the extent of noncompliance with local vending
ordinances and recommendations for any needed legislative changes. Unfortunately,
the bill was held on the suspense file in the Assembly Appropriations Committee and is
now dead for the legislative session. It will need to be reintroduced in January 2023 if
Senator Allen chooses to pursue similar legislation next legislative session.
SB 972, authored by Senators Lena Gonzalez and Maria Elena Durazo and sponsored
by sidewalk vendor advocates, is an attempt to reform the California Retail Food Code
to enable microentrepreneurs to more easily obtain a health permit and thus lessen the
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barriers to entry to sidewalk vending. The City currently has a support if amended
position on the bill and has been working with a coalition led by CalTravel along with
other cities and the state’s environmental health inspectors to strengthen the bill’s
enforcement provisions given our significant concerns that, should SB 972 pass and be
signed into law, it could exacerbate some of the challenges with unpermitted food
vending effectuated by SB 946. The bill has also passed out of the Senate and will also
be heard in the Assembly Appropriations Committee in August.
Outreach & Communications
The City has launched a new comprehensive vending homepage on the City’s website,
santamonica.gov/vending, to create seamless access to information in English and
Spanish on all vending opportunities in Santa Monica, step-by-step guidance on how to
obtain a sidewalk vending permit, information on the City’s enforcement efforts, and an
FAQ section. The City is improving signage on the Pier with every change to the
vending ordinance, sharing timely content on social media, and proactively engaging
the media. Staff have also made significant efforts recently to highlight some of the
success stories of our local permitted vendors and their businesses.
Past Council Actions
Meeting Description
04/09/2019
(Attachment B)
Adoption of Santa Monica Sidewalk Vending Ordinance
08/24/2021
(Attachment C)
Adoption of Modifications to the Sidewalk Vending Ordinance
2/22/22
(Attachment D)
Study Session on Sidewalk Vending
Discussion
At their February 22, 2022 Study Session, Council provided feedback to staff that
included exploring the creation of designated locations for permitted vending in close
proximity to the Santa Monica Pier, identifying ways to support local residents in
pursuing new entrepreneurship opportunities, continuing work to advance State
legislation related to sidewalk vending, renewing outreach and education efforts
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regarding our permit program, exploring expansion of the Licensed Pier Cart Vending
Program and reviewing any opportunities to continue to reduce the barriers to meeting
the requirements of our Sidewalk Vending Permit Program.
Under the City's current vending ordinance, there is a prohibition on stationary vending
in the 100–500-foot “buffer zone” of Palisades Park north of the top of the Pier bridge.
Only roaming vending is permitted in this area. Following direction from Council at the
study session and in response to feedback from current permitted vendors, staff is
recommending a modest change to the vending ordinance that would also allow for
stationary vending in the current 100-500-foot buffer zone, which is a highly trafficked
and economically desirable area for vending. Staff is proposing the identification of
several fixed locations in Palisades Park. Pending direction from Council, staff will
continue to engage the City’s current permitted vendors to develop a rotation-based
space allocation system to enable those vendors to have equitable access to this highly
desirable area for sales and implement this space allocation system via the Chapter
6.36 administrative regulations.
In addition to allowing for stationary vending in the 100-500-foot buffer zone, permitted
sidewalk vendors have expressed a desire to obtain a fixed location on the Pier itself
where it would be permissible for them to vend, and have inquired about opportunities
to become a licensed Pier Cart vendor through the City’s existing, long-standing
program. The RFP for the Pier Licensed Vending Cart program is expected to be open
before the end of the calendar year, and staff will strive to identify additional locations
on or immediately adjacent to the Pier where additional carts could be added to the
program, and current licensed sidewalk vendors could apply for the opportunity to be a
City-licensed tenant.
Potential Physical Improvements to Vendor Locations
Through conversations with vendors and others, staff have also identified modest
physical enhancements, which, when made, could provide a level, designated space for
a vendor and their cart. The cost of providing fixed locations within the 100-500 foot
buffer zone in the short term would be minimal (approximately $2,000/space), but
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funding would need to be identified for design and implementation. Staff is investigating
a range of cost-effective solutions from decomposed granite to a reinforced concrete
honeycomb structure, to a more substantial installation of paving stones. If a temporary
implementation is successful, these areas could be incorporated into a future CIP
enhancement for the repaving of the pedestrian circulation and drainage network in
Palisades Park, which was deferred during the FY22/23 budget process.
Vendors have also reported to staff concerns related to safety in Palisades Park and
have inquired whether lighting modifications could be made that would further protect
public safety in this area. Lighting modifications would be more challenging to
implement, and more costly, as the current electrical wiring that services the standards
in Palisades Park would need to be replaced for the entire network of historic lighting
fixtures. Staff will continue to explore the feasibility and cost of lighting modifications and
consider a future CIP submission once those costs have been finalized.
Next Steps
Pending Council direction, staff will update the Sidewalk Vending Administrative
Regulations to ensure consistency with the adopted updates to the vending ordinance.
All materials will be translated into Spanish and will be made available on the City’s
webpage. Staff will also hold in-person town hall meetings for the City’s permitted
vendors and other interested parties to ensure they are informed about the updates to
the ordinance and new opportunities for stationary vending in Palisades Park and a
potential expansion of the Pier Cart Vending Program.
Financial Impacts and Budget Actions
The monthly vending cart license fee for a cart operating under the Pier Vending Cart
Program varies based on seasonality but is approximately $20,000 per year. The City
currently receives approximately $284,000 per year from the Pier Vending Cart program
and these funds are included in the Pier Fund Budget. Depending on the number of
additional carts added to the Pier Cart Vending Program, a revenue adjustment would
be made to reflect the additional anticipated revenue from the new tenants.
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Prepared By: Stephanie Venegas, Council Office & Legislative Affairs Liaison
Approved
Forwarded to Council
Attachments:
A. Buffer Zone
B. California SB 946: Safe Sidewalk Vending Act (Web Link)
C. April 9, 2019 Staff Report: Comprehensive Sidewalk Vending Program and
Emergency Ordinance (Web Link)
D. August 23, 2021 Staff Report: Emergency Ordinance on Public Safety &
Environmental Risks Arising from Unlawful Commercial Activity around Santa
Monica Pier (Web Link)
E. February 22, 2022: Study Session on Citywide Response to Sidewalk Vending
(Web Link)
F. Chapter 6.36 with Pali Park Authorization
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Packet Pg. 1134 Attachment: Buffer Zone [Revision 2] (5149 : Modifications to Sidewalk Vending Ordinance)
City Council Meeting: August 23, 2022 Santa Monica, California
ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 6.36.040 TO EXPAND
OPPORTUNITIES FOR STATIONARY VENDING IN PALISADES PARK
WHEREAS, on September 17, 2018, California Governor Edmund Gerald Brown
signed Senate Bill (“SB”) 946 into law, which regulates and decriminalizes certain
sidewalk vending activities; and
WHEREAS, the City undertook an extensive review of vending activities in light of
SB 946; and
WHEREAS, on April 9, 2019, the City Council adopted Ordinance Number 2607
(CCS), amending Chapter 6.36 to the Santa Monica Municipal Code to adopt a
comprehensive vending regulatory program, pursuant to the City’s constitutionally
authorized charter city police powers and consistent with authorities granted by SB 946;
and
WHEREAS, due to the public health, safety, and welfare concerns with vending in
Palisades Park, Chapter 6.36, as amended in April 2019, prohibited stationary vending in
any portion of Palisades Park within 500 feet of the Ocean Avenue entrance point to the
Pier bridge, but allowed roaming sidewalk vending to take place; and
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Packet Pg. 1135 Attachment: Chapter 6.36 with Pali Park Authorization (5149 : Modifications to Sidewalk Vending Ordinance)
WHEREAS, Palisades Park, situated between the Pacific Ocean, the Pier bridge,
and the City’s bustling downtown, is the crown jewel of the City’s park system and is the
most heavily utilized; and
WHEREAS, Palisades Park sits along the edge of the bluffs overlooking the Pacific
Ocean providing spectacular and unparalleled views of the coastline; and
WHEREAS, based on Palisades Park’s unique aesthetic qualities and unmatched
scenic beauty, the City designated the Park as a local Landmark; and
WHEREAS, circulation within Palisades Park is limited because it is extremely
narrow, and is physically surrounded by downtown streets on three sides and tall bluffs
on the fourth;
WHEREAS, the intensity and variety of Palisades Park necessitates regulation to
avoid safety hazards and conflicts; and
WHEREAS, ensuring the free flow of pedestrian traffic is particularly important to
the safety of the elderly, the very young, the disabled, vision-impaired persons, and others
who are less able to navigate through crowds and around obstacles or hazards and who
are particularly impacted by having to navigate off and onto curbs when sidewalks or
pedestrian paths are blocked; and
WHEREAS, hindrances to the free flow of pedestrian traffic, particularly in the
City’s congested public places, such as Palisades Park, may interfere with the work of
public safety personnel seeking immediate access to emergency situations and with other
work vital to the public health and safety, such as cleaning and maintenance; and
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Packet Pg. 1136 Attachment: Chapter 6.36 with Pali Park Authorization (5149 : Modifications to Sidewalk Vending Ordinance)
WHEREAS, because the space available at Palisades Park is limited and heavily
utilized, special efforts must be undertaken to maintain it and facilitate their shared use
and availability to all; and
WHEREAS, on February 22, 2022, the City Council held a study session on
sidewalk vending at which, among other things, Council heard from the Pier Vending Task
Force and various members of the public regarding potential options for allowing vending
in Palisades Park near the Pier; and
WHEREAS, since the February 2022 study session, City staff has been studying
mechanisms to allow for limited stationary vending within the first 100 to 500 feet of the
Ocean Avenue entrance to the Pier in Palisades Park while not presenting the
aforementioned public health and safety hazards; and
WHEREAS, City Council now desires to amend Santa Monica Municipal Code
Section to authorize stationary vending in designated locations within the first 100 to 500
feet of the Ocean Avenue entrance to the Pier in Palisades Park subject to any rotation,
spacing, lottery, and similar requirements set forth in administrative regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 6.36.040 Restricted vending
times and locations, is hereby amended to read as follows:
6.36.040 Restricted vending times and locations.
(a) Unless otherwise expressly authorized by or with the consent of the City,
no person shall vend on or within, any private property, the Santa Monica
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Packet Pg. 1137 Attachment: Chapter 6.36 with Pali Park Authorization (5149 : Modifications to Sidewalk Vending Ordinance)
Pier, a certified farmers’ market, a permitted community event, a permitted
filming activity, a bikepath, a street, a driveway, or a public parking lot.
(b) No stationary sidewalk vendor shall vend within:
(1) Twenty-five feet of the Third Street Promenade;
(2) The Transit Mall;
(3) The Beach;
(4) Any area exclusively zoned for residential uses;
(5) The 1700 block of Ocean Front Walk;
(6) Any portion of Palisades Park that is within five hundred feet of the
Ocean Avenue entrance point to the Pier bridge, except within any
designated stationary vending spaces identified in the
administrative regulations and in compliance with any rotation,
lottery, or other similar requirements established by administrative
regulations applicable to such spaces; or
(7) Any City park during the hours that an exclusive concessionaire is
open and operating pursuant to an agreement with the City or other
operator of the park.
(c) No roaming sidewalk vendor shall vend in an area exclusively zoned for
residential uses or on a sidewalk or pedestrian path directly adjacent to
such an area between the hours of nine p.m. and eight a.m.
(d) No vehicle vendor shall vend on Main Street between Ocean Park
Boulevard and the City’s southern boundary between the hours of one
a.m. and three a.m. on a Saturday, a Sunday, St. Patrick’s Day,
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Packet Pg. 1138 Attachment: Chapter 6.36 with Pali Park Authorization (5149 : Modifications to Sidewalk Vending Ordinance)
Valentine’s Day, Cinco De Mayo Day, Memorial Day, Independence Day,
Labor Day, Halloween, or New Year’s Day.
(e) The City Manager or designee may adopt administrative regulations
imposing additional requirements consistent with this Chapter and all other
applicable laws in order to regulate the time, place, and manner of
vending.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this 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 Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
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 Ordinance. The City Council hereby declares that it would
have passed this 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.
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Packet Pg. 1139 Attachment: Chapter 6.36 with Pali Park Authorization (5149 : Modifications to Sidewalk Vending Ordinance)
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
_______________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 1140 Attachment: Chapter 6.36 with Pali Park Authorization (5149 : Modifications to Sidewalk Vending Ordinance)