HomeMy WebLinkAbout0244.094",
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THE IiONc>RABLE CITY COllNCIL
Palo Alto, California
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,.anM.II1; \0 Chapter .. ,10, 050 of thLPalo Alto Munio!PI1· cog.
8uapapdina normal larmittinq RequireMent. tor Eyents St10ting ~o
Wor14 cup Seco,r atm" anA paplaring an Rmar~
Members of the Councilt
R'port. in Brlaf
On NovaMsr S, 1993, Cit~, Council lldopte.a an ord1nnnce thAt
suspends the no~mal permitting and l1cenoing requirements of
vendors of items related to t.he World CUp Soc,!er GameLl. At tho.
time of adoption, food and flower vendors wer~ excluded froA the
ord~.nahce. Since then, staff has received numerous requests for
permits from these vendors. staff originally proposed that, duo to
the associated length of time needed to process permits, especially
for food vendors, food and flower vendora also should ba included
in the suspension of normal permittinq requirements. HowQver,
aftnr further consideration and discussion, staff realized thellt,
'Without specific limitations, a significant number of food and
flower vendors could POBO a safety problem on crowded sidewalks on
certain Htreets if their numhers 'Were left uncontrolled. 'fhla
report, therefore, recommends adoption of a proposed o'rdinanca
amending cer:tain provisions of the temporary permitting regulations
relative to flower and food vendors, prohibiting them from certain
locations and limiting the number of vendors that will be issuod
permits. Baaed upon concerns for the community's well-boinq, it is
necessary for the Council to adopt this as an emergency mea8ure~
laeJsq~ounr!
In anticipation of the great number of vondors that the World CUp
Soccer Gamea are likely to draw to Palo Alto, Council adopt~d an
ordinance that suspended normal permitting and licensing
requirement.a. pertaining to vendors selling items re.latinq to tho
World CUp Cames. The ordinance instead stipulatee quantifiable
timBS, ,places and manner regulations required to protect health and
safety that al'e enforceable by the Police Departlllent. Staft urged
adoption of the ordinance, due to the fact that normal permitting
requirements for vendors would be unworkable for World Cup evonts.
The normal permit process is time-consuming l and staff believes
that most of the vendors who come here for these particular 6vents
will not even apply for a per~it~
om. 244.94
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The ordinance adopted by Council last. November allow8 for the
vendinq of ,qoods, wares, and merchandise', excluding food and
flowers, \,Ihich are incidental to the Worl(,], CUp Soccer Games,
without a permit, provided that specific times', places and mannor
re.qulations are maintained. The reason for the ordinance \:iaB that,
qive.n the antioipated large number of vendors and the likelihood of
many vendors not applying for permits, the staff time needed to
process permits was not an effective usa of City resources. Staff
concl~d6d that the city's Planning Division Btaff and Code
Enforcame.nt Officers involved in the permitting process of these
vendors would have to postpone, for several months prio~ to the
first World CUp game and then for the throe weaks of 9ames, the
R4jority of their other norm. 1 day-to-day responsibilities until
after the World cup games, in order to ac~omrnodate all the permit
applicants' requests.
When the November, 1994 regulations were being developed, staff was
not aware of the level of interest by food and flower vendors.
However, durinq the last few months, statf has receivod many calls
from v~ndors who want to sell flowers and food items durinq the
World CUp Games. The time and work associated with permittlnq tood
vendors is much greater due to additional requirements related to
the Department of Health, site inspections and insurance issues.
On the averaqs, about four to six hOllrs of staff time are needed to
process these particular permits.
It rGcently became apparent, however, that there: would not be
enough control on the numbers or locations of food and flower
vendors, With the additional visitors that are expected to crowd
Palo Alto' a streets and sidewalks during the three-week period
durinq which the games will be played, staff realized that, in the
interest of public safety, additional restrictions for food/flower
vendors were needed to limit their numbers and to prohibit them
from the most congested streetu of the City.
Therefore, the attached proposed ordinance would a~end the adopted
temporary regulatio~s as follows:
1. Vendors of food and flowers conducting sales on public
property will be required to obtain permits.
2. A maximum of 10 permits will be issued, and they will be
issued on a first-COInS, first-served basis. Food and
flower vendors without permits will be prohibited from
conduotinq salea on public property. This number was
determined based upon the time required to complete the
permit processinq, includinq site inspections.
Inspections will be especially important to ensure the
safe movenent of vehicles and pndestrians in the areas in
which the vendors will be located.
CHR.244:94 2
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3. All publio property vending would be restricted to the
hours ot 9.00 a.m. to 9.00 p.m.
4. Pood $nd flower vendors will be prohibited from
conductlnq sales from June 11 to July 17, 1994, on the
~tro8t& 4nd sidewalks of University AvenuQ from
MiddleUeld Road to El Camino Reol, and on Californi.
Avonue froa Alma to El Camino Real.
Sta.ff beliavG. thAt these two streets are heavily uaed by
vehioles ond p~d8stri~nB under nOE~al circumstances and
will bft even Dora conqestad as a result of the
antioipated orowd. that are expected during the three
~.ak period ot the gom... Additionally, the sidewolkB on
theBe two streets are na.rrow enough that the space
required tor food and flowor pushcarts could jeopardize
~~e public's .oraty.
start beliov ••
exieta that
l""ediately.
t.hat, duo: to tho safety considerations, an emergency
nccBfJsitates tho: ordinance :become effective
staff 'Will contact cu:crent pushcat"t vendors 'Who currently have
pormita to notify thea of this tCl:lporary change. Additionally, the
inforQation sheet that will be given to all vendors covered under
this ordinAnce will include a reminder that they must co~ply with
state oales tax regulations.
StAff recolM.onds that the Council adopt the attached urdinance
411enr.lirl9 c6rt.,.;:ln provl~lon of Chapter 4.10 of the Palo Alto
Hunlcipal Code relating to flo'Wsr and food vendors during World cup
a~AQU and doclaring an amorqency.
R •• ~.otfullY s~m;tt.d'
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'( GLAES
6,Sntor mont Ofti~er
&.nnM<t.. '1)1. -..$fy-~
BERNARD H. STROJNY '-' '-I
Asoistant City Manager
Att."lu>.snta.
(j~ ,C:l_
CHRIS DURKIN
Police Chief
1. CMR:556:93 -Ordinance Suspending Nonnal Permittinq
:' I Reql.liroments for Events Rolating to t.he World Cup Soccer
Cames
2. Ordinance
cc Susan Frank, Cnambar of Commerce
CKR.244.94 3
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ORD INANeB flO.
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ORDHIANCE OF TIiB COiJNCIL OF THE CITY OF PALO ALTO
AMllND!WJ CURTAIN P~OVISro/iS OF CHAPTER 4.10 OF TIlE
PI\LO ALTO MUNICIPAl, COOl!, RBLA'nNG TO VENDING
DURING THE WORr.o CUP SQCCBR GIINBS; lIND DECI.ARING
AN Bt1llRGBNC¥
WHBRBAS, pursuant to Ordinance No. 4181, adopted
November 8, 1993, tno City council enacted t.emporary regulations
relating to vending during the World CUp Soct:el-Garnesj and
WHS:RBAS~ the experience gaIned, a.t the practice game on
DeCember la~ 1993, and the more recent anticipated numbers of
spectators for the world CUp act!viti("s. n(lR shown that <;::ertain
further restrictions rmat be I'M.de with respect to vcnding r and
specifically, the selling of food ~nd flo ..... ers. dUl:ing t.he time of
such activities; and
WHEREAS. the nonn311~' cro .... -d~d and nan.-ow sidewalks en
Univel.-sity Avenue in the Downtown area and 01\ Cal ifornia Avenue
between HI Camino Reill <mel Park Boulevard cannot handle the
additional cro""'de and associated :oafety isstles that are anticipated
to result from additional sidewalk or stl.-eet vendors of food or
flowers on and along those streets during the World Cup Soccer
events r and the City Council find's it reas<.m(lble to prohibit the
sale of food and flo ..... ers, from pU9hcak'u} on those streets and
adjacent sidewalks during the appro.drt.ate one, month perIod of World
CUp Soccer garel)s and related activities: ilrid
WHBRBAS. also because of the anticip.;"lted cro\o,'ds. the
City Council furtht)l-finds it reasonable and necessary to limit the
numb~r of PUShCiU:;t pelmit9 that tho City will issue for the sale of
food or flcrwers during that app):ox-!:nate one month period.
:t'lOW, TII2RBFORB, the ~ouncil of the City of Palo Alto' dO~9
ORDAI~ as follows:
l1!1IT.IQlL!. Subsection (t1 of Soclion L 10 .050 of the Palo
Alto t·'tlflicipal Code [Rt~glllationG for Solicitors and Peddlers) is
hereby amended t.o read "as follows:
4.10.050 Regulat1.oDs £01' SoliCitors, eftd peddlers-< .. <a1l.,~ ~!lclJ't;~s.,;
(f) No person shall peddle or solicit on the following
streets or sideh'alka abuttin9 said streets ~-ween-~~
~--'ffb---afttl-4~eO-~l>.--flh--;-on Fr~daYI December 1'1. 1993, and
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Saturday, December 18 , 1993. and from and including the dates of
Friday, June 17 through Sunday, July 17, 1990.1:
(1) HI Camino Real, from University Avenue to
Churcfiill Avenuei
(2) Embarcadero Road, from Bl Camino Real to Gr-eer
Road;
(3) Quarry Road,
(4.) Arboretwn Road; and
(5) University Avenue, from Middlefield Road t.o the
eastern City limit.
,SBCTION 2. Section 4.10.0~' of the Palo A.lto Code 19
hereby amended to read as follows:
4.10.052 Exemption for Peddlers of Goode, Mares or
Merchandise Inoidental to tbe WO~'ld CUp Soccer Ga.mo.9.
(a) Notwithstanding the provisions of Sect.ions 4: .10. 040
and 4.10.055. peddlers of goods. wares Ot' mCl"chandi.sc, excluding
the sale of fo~i and flowers. incidental to the World CUp Soccer
Garnes may peddle such good8, wares or merchandise .... ithout obtaining
a licenRe 0).' paying a fee, only during and including the dates of
December 17 and 18. 1993, and June 17 through July 17, 1994,
9ubject to the following regulations and limitations:
(1) Such peddlers shall operate only on the publlc
sidewalks, and only between the hours of 9:00 a.m. and 9:00 p,m.,
provided that no peddlers may operate ill the locations antl--dttfi.ttg
~e he~~B described in Subsection tf) of Section 4.10.C50;
(2:) Such peddlers shall continue to move wilile
peddling, and may not operate in a fixed location;
(~) Such peddlers may not go from,door to door tor
the purpose of peddling;
(4) Each peddler shall have l!pOn his or her-person
photo identification issued by a governmental entity (i.e., state,
federal or foreign countl~). Such identification shall be
displayed upon the request of any police office!..' or Cit.y employee.
(b) It shall be unlawful for any peddler to peddle
without the license otherwise required by this chapter or to
violate any provision of Section 4.10.055, except as specifically
provided for in this section. It shall be unlaHful for any person
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peddling without a license during the times and dates set forth in
this section to peddle in a manner contrary to the provisions of
this section.
Sl!:¢rIQN..l....... Subsection 'h) is hereby added to Section
4.10.057 of the Palo Alto MunicipRl ~ode to read as follows:
4.10.057 Regulations for pusboart vendors.
:(l)!:! i3h~,,!'Jj!l:;;~Ql.J,q"'·¥!9'ii9ai\±:WnaJ, i:tils.tdctioos' aljalf apply, tg
!;nefi(iilei6fiCfOiX!. oi':'i'io~'i"'i'r<li\\pI!.Sl),#~a'f r"",an.d .. in~ Iud ing. the !li).~~il!;lWotcii:"~ti~":Y;~PI~,*~Li ,l:(','D,~ rrough'h·SU!l<1iiy " ... .1u1 y ... 17, ... 1 ~ 94: '*~~£l:h~~d#~'~~~i'Pf?i~~~~;"'f'th~~,.~\lction,· the City of .palo ~l;,.g!'l'k~~ r. il''!lle'ia''lI!a''~f9*.L~ ~'.ipe ~.t;.~ ".for,. thl' . pushcart . sal e .. of ~.~f;l.1iitii~X.!;W:f;J:<fii",pjjif.9l;T~ljqi~n)!~~di~g tliedaces of Friday, June 17
~hl:15i.lgili~un;;tay;itrcr\1,l,y,l7>;;;t9 94,Sucll p"rini "" shall be issued on a i~i;t$~.<~~'''ti~~,~,~~#V''?· .. barlis;, .. ·.Awlicants •• and . holder" of· such
t"tn)~:~l'~ha~l"'"PIW).}rrWnh,'al;j;.proVisionl'i,o£ this. sectionalldaU :rj>lilya~~iprq,l .. i<>\l'e:'15.f:;ttdo.cha.ptel:') provided, !lOwev",", t.hat no tJ~i~4k~~~j;1,;'~,~#~~!;l'Pc~~~~/M:d.inCluaing.JW1" 17. ~brough July tmi[l:99.4,',<>!!'~he<;fOljowlng~treetlJ· or'$id~l<a1 k5 abutting . said
.1't:l:ee~",."in'·:Iiv.l:dl.tioll.:to . the., .Jocations set fortll iin Section !t'iilh~3q.li· ... ...... ...... ..
i(l)'}c"!JriiyersityAiiel1ue,fioiifMiddlefield Road to 81
%i\ifr.~R!'i~~f'ail(r··· . . ... .
t(:~~it;; rq~~:_i'f?,:biia. ' >~~~nue j ", t;tcitj-· .': ~l :': ' Caril1 i~o,-',' Real to
Section 4.10.058 of the Palo Alto J.funicipal
Code to read as follows:
4.10~OS8 Exemption for Pushcart Vendors of Goods J Wares
or Merohandise Incidental to the World CUp Socoer Games,
{a) Notwithstanding any other provisions of this
chapter, pushcart vendors of wares incidental to the l'l'orld CUp
Soccer Games may vend such goods~ wares or morchandise without
obtaining a license or paying a fee, only during and including the
dates of December 17 and 18~ 1993, and June 17 through July 1'1,
1994, subject to the following regulations and limitations:
(1) For the purposes of this section only, a
Ilpushcart vendor~ shall be defined as a person who offers 90ods,
wares or me"l'chandise incidental to the i'rorld Cup Soccer Games, but
not including food or flowers, from a wagon. cart or mobile stand
from a stationary location.
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(2) Bach pushcart vendor shall have upon his or her
person photo identification issued by a governmental entity (i.e.,
state, federal or foreign country). Such identification shall be
displayed upon the request of any police officer or' Ci~y em~loyee,
i(3 )" l!Us.hl::i\):t:~jie')td6£s /ililU);: 6!ira€1l'Jilil '/~t!4eeii' bfiii E(!Mte;;o,fl1;POt~;in;£aiAf;ifi!~~r[il"(1!!?{' .,'.' ', ..... , ... ~ ..... ~ .. J' ....... " ......... '1 ............ ,., .. , ... , ... .
+*jH~ Location" Pushcart vendors shall be
permitted on public sidewalks afid at other locations, except:
(A) Within or .-llllmediately adjacent to
residentially zoned districtB;
'B) Within or immediately adjacent to
City libraries z the Civic Center
Plaza, community centers, the
CUltural Center z public safety
facilities and City-o'fmed utility
properties, buildings and
facilities:
(e) Within or immediately adjacent to
dedic~ted parks;
IDI On designated bicycle paths;
(8) In or UPO,l public streets or alleys
~xcept as specifically pennitted
under Vehicle Code section 22455;
and
(F) In the locations described in
Subsection (f) of Section 4.10.050.
-(,4 .. HfSJ;: , Pushcart Placement.. It shall be unlawful
fo locate a pUShca'rt'-"except in accordance with the following:
(A) No pushcart vendor shall be located
so as to impede access to any City
inspection, maintenance and
operational devices or controlSi
(B} No pushcart vendor shall be located
so as to block cl1rb side access to a
loading zone, as defined in Section
10.40,010;
ee) No pushcal."t vendO:t" 811a11 be located
so as to impede pedestl."ian access
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from curb side vehicles to the
adjacen~ sidewalk;
(OJ No pushcart vendor shall be located
. on a public sidewalk. within a
distance of ten feet from a corner;
(~) No pushcart vendor shall be located
80 as to t"educo sidewalk clearance
to less than six feet between fixed
objects, p1anter \lr'elle and/or curbs;
(F) No pushcart vendor shall be located
closer than five f.eet from any
merchandise display window or from
any bu i 1<1 i og ent rance or emergenq'
exit;
(G) No pl_lshcart vendor shall be located
adjncent to a red w~rkcd curb;
(H) No pushcart vendor shall be located
1.n an area tM.rked for handicapped
access or use;
(1) No pushcart. vendor shall he located
so as' to block: a fire lane;
CJ) No punhcart vendor shall be lc.cated
so as to block a driveway; and
'K) No pushcart vendor ahall be located
in a manner that obstructs or
creates a safety hazard fo1."
pedestrians, bicycles or vchicl~s.
ts+:l~f Pushca.rt Vendor Operations. It shall be
unlawful to operate a pushcart except in accordance with the
follow 1U9 '
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.l'o.push~art shal~· .. lI.~.' perg:~ytel1.~9"~~i!1
on . public • prop~'!;ty· •. ~:>l!t.id~.~::ot.":lOb<l
.. " .,,,..' , , "', ", -, ,',,' " ' -';·1, ,,' ,c, , """', > __ '-'~,. ,'0' "",'1 !lPP>:'<>".'" ·llOU.':"S';O( '. "p~ra~l3n~~.~.·!o>;~.l¥:'~9 ~t:l>a.,,~ ~t~1) ·.(a 1.(3 !>'Q~ .. se&.tlC}",.1 !W .. q~.If." ...••
-{Ajj;(.~r All Signs relating to a pushcart or its
goods, wares 01" merchandise shall be
placed on the pushcart structure. No
freestanding signs, illuminated signs or
flashing lights shall be petmitted.
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No [ire, open flame or heating equipment
shall be permitted on or adjacent to a
pUShCaL"t..
No pushcart vendor shall shout, blo'W a
horn, ring a bell or use any sound device
Q!, ffilJsical ~Ilatl.-um~n~~ including allY
loud· speaking radio or sound-amplHying
system, (or the purpose of attracting
attEntion to any good9~ ,:"c.rea or
~~rchandige for sale fr~~ the pushcart,
No puahcar.t vendor shall attach any items
to City trees, poles, st ructurea~ fences.
or signs.
No pushcart vendol.' ~hall allow trash to
renuin at 01-!n\"'r".ediately adjacent to the
location of his or her-pushcart upon'
vacating such location tOt" the. d.:'\}' ,
No pushcal't vendor shall repn!sent that
all or a pox-tion of the pt:oceeds fro:o the
pushcart sales "dll be used tOl-
charitable, religious, educational,
community, rocreational, political 01'
similar nonprofit, purpose or to be
lran6mitt~d to any person. firm or
cOl'paration for any such purpoDe unless
such vendor is 11cen~ed uncleI' Chapter
4.30 of this Coda.
Pushcart vendors shall comply with all
applicable federal, state and lOCEll laws.
tb) It shall be unlawful for any pushcart v-endor to vend
without the license otherwise required by this chapter or to
operate in a manner contrary to any proviSion of this chapter,
except as specifically provided tor in 'this section. It shall be
unlawful fOl." any person vending from a P1l9hc8l"t without it u'cellse
during the times and dates set forth In this section to vend in a
manner contrary to the provisions of this section.
~J.~. This proj2ct is categorically exempt from the
provisions of the Calitornia Bnvirorunental Quality Act ("CEQA-)
pUl"SUant to Section 15304 of the C"~OA Guidelin-es.
~Q~. Based on the eafety and crowd managE".ment
concerns set forth above, the Council declares that the ordinance
adopted her.ein is necessary as an emergency measure to protect the
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public peace, health and safety and shall be effective immediately
upon its adoption; provided, that the provisions herein enacted,
shall, in conformance with Ordinance No. 4181, be repealed as of
July' 18, 1~94, and thereafter will be of no further force and
effect.
INTRODUCED:
PASSED:
A'lRS:
NOES:
ABSENT:
ABSTBNTI.ONS:
ATTBST:
.-=:;-:--------City Cl9'l:.'k
APPROVBD AS TO FORM:
Senior Asst. City Attorney
940S]1 ~~ OO!091S
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APPROVED:
Mayor
oTrector of Planning and
Convnunity Rnvironrnent
Director of Public Works
Fire Chief
Iflrector of Utilities