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HomeMy WebLinkAbout2019-07-10 e-packet@6:01Wednesday, July 10, 2019 6:01 PM City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA Special City Council Special Meeting Agenda July 10, 2019Special City Council Special Meeting Agenda NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, July 10, 2019, at 6:01 p.m., in the City Council Chambers, Municipal Services Building, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Call to Order. Roll Call. Agenda Review. Public Comments - comments are limited to items on the Special Meeting Agenda. ADMINISTRATIVE BUSINESS Report regarding a resolution approving the Third Amendment to the Consulting Services Agreement with Du-All Safety for safety program consultant services, for an additional $70,000 for a total contract amount not to exceed $445,000. (Leah Lockhart, Human Resources Director) 1. Resolution approving the Third Amendment to the Consulting Services Agreement with Du-All Safety for safety program consultant services, for an additional $70,000 for a total contract amount not to exceed $445,000. 1a. LEGISLATIVE BUSINESS Report regarding an ordinance amending Title 6, Chapters 6.04, 6.16 and 6.90 of the South San Francisco Municipal Code pertaining to street vendor, sidewalk vendor and peddler regulations (Mike Rudis, Master Sergeant) 2. Ordinance amending Title 6, Chapters 6.04, 6.16 and 6.90 of the South San Francisco Municipal Code pertaining to street vendor, sidewalk vendor, peddler and solicitors regulations. 2a. A report regarding an ordinance amending Title 4, Chapter 4.04 of the South San Francisco Municipal Code pertaining to monetary limits for public contract procurement methods. (Jason Rosenberg, City Attorney) 3. Ordinance amending Title 4, Chapter 4.04 of the South San Francisco Municipal Code pertaining to purchasing procedures and informal bidding. 3a. Adjournment. Page 2 City of South San Francisco Printed on 8/14/2019 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-586 Agenda Date:7/10/2019 Version:1 Item #:1. Report regarding a resolution approving the Third Amendment to the Consulting Services Agreement with Du- All Safety for safety program consultant services,for an additional $70,000 for a total contract amount not to exceed $445,000.(Leah Lockhart, Human Resources Director) RECOMMENDATION It is recommended that the City Council of the City of South San Francisco adopt a resolution approving the third amendment to the consulting services agreement with Du-All Safety for safety program consulting services. BACKGROUND/DISCUSSION On July 13, 2016, the City Council approved a resolution authorizing the City Manager to enter into a consulting services agreement with Du-All for a Safety Program Consultant, in an amount not to exceed $125,000. The scope of work for the safety program consultant was developed to create, promote and manage safe working conditions, implement injury prevention programs, educate the workforce, and enforce safety as a priority with the goal of reducing work-related injuries and illnesses. On September 6, 2017, the City Council approved an additional $125,000 for a second year of services in order to focus on implementation of programs and plans developed during the initial year of the agreement. On June 27, 2018, the City Council approved another $125,000 for a third year of services, in order to continue and expand safety programs, complete implementation of mandatory written safety programs, and to implement results of a City-wide safety perception survey. In the first three years of the program, Du-All safety has worked collaboratively with the City-wide safety committee to implement a variety of both mandatory and voluntary safety programs and procedures, including an update to the City’s injury and Illness Prevention Plan, specific written plans on mandatory safety and prevention topics, City-wide and site-specific Emergency Action Plans, and ergonomic workstation evaluations. Du-All safety also continues to provide OSHA-approved training on a variety of safety topics on an annual or as-needed basis, and periodic site assessments. In 2018, the City conducted a City-wide safety perception survey in order to understand the strengths and weaknesses of the City’s safety program from the perspective of employees, the findings showed that employees by and large had a positive view of the City’s safety rules, programs, resources and procedures. However, the survey also showed that a significant number of employees reported a lack of involvement in safety activities, and lack of recognition for safety achievements. Therefore, one of the safety committee’s priorities has been to implement employee engagement efforts such as regular departmental safety meetings, and a safety observation and feedback program to encourage participation of all staff in developing safety recommendations. In addition, a sub-committee was formed to develop and implement a safety recognition program. In order to continue these efforts, staff recommends an extension of six months to complete implementation of plans that have been developed. This will include the launch of a safety recognition program, mandatory training on safety responsibilities for managers and supervisors, and a pilot safety observation program. The City of South San Francisco Printed on 7/5/2019Page 1 of 2 powered by Legistar™ File #:19-586 Agenda Date:7/10/2019 Version:1 Item #:1. proposed workplan also includes the completion of remaining written safety programs on specific topics, along with continued safety training, evaluation of accident reports, trends and benchmarks, and periodic site inspections. Staff will issue an RFP for these continued programs in fall, 2019. Results Since 2015, the City has seen a decrease in reported injuries and illnesses over prior years, with the most significant decline in the first half of 2019 as illustrated in Chart 1 (Attachment 1). The incident rate is well below the industry standard, indicating a positive overall performance in reducing total injuries and illnesses. As shown in Chart 2, the number of injuries involving loss of work time has also decreased in the first half of 2019, after rising slightly in the prior two years. While initial results are promising, additional time is needed to assess the sustained success of the City’s safety program. FISCAL IMPACT The fiscal impact for the 2019-2020 Fiscal Year is $70,000 for the additional services performed during the six-month extension of the contract term. This represents just over half of the funding included in the adopted 2019-2020 budget for the safety program. RELATIONSHIP TO STRATEGIC PLAN The safety program supports the City Council’s priorities of Workforce Development,by creating a maintaining a culture of safety, and Fiscal Sustainability, by reducing costs associated with workplace injuries and illnesses. CONCLUSION Staff recommends that City Council adopt a resolution approving a third amendment to the consulting services agreement with Du-All safety in order to continue progress on program implementation for the remainder of the 2019 calendar year. City of South San Francisco Printed on 7/5/2019Page 2 of 2 powered by Legistar™ Safety Performance 18.45 22.07 22.45 12.87 17.92 17.93 9.94 0 5 10 15 20 25 2013 2014 2015 2016 2017 2018 2019 ORIR 6.53 9.01 6.86 5.96 7.54 7.99 4.97 0 1 2 3 4 5 6 7 8 9 10 2013 2014 2015 2016 2017 2018 2019 LTC Left shows the Cities rolling twelve-month OSHA Recordable Incident Rate (ORIR). This represents the number of injured workers out of 100 in a calendar year. City Threshold: 12 City Actual for 2019: 9.94 Industry Standard: 19.9 Bureau of Labor Standard: 19.9 Left shows the Cities rolling twelve-month Lost Time Case Rate(LTR). This represents the number of injured workers with lost time injury out of 100 in a calendar year. City Actual for 2019: 4.97 Industry Standard: 6.8 Bureau of Labor Standard: 6.8 Above shows the departments rolling twelve-month OSHA Recordable Incident Rate (ORIR). This represents the number employees per 100 full-time employees that have been involved in a recordable injury or illness Formula: # of Recordable Cases X 200,000 / # of Man Hours Worked. Above shows the departments rolling twelve-month Lost Time Injury Frequency Rate (LTC). This represents the number of injured workers with lost time out of 100. Formula: # of Lost Time Injuries X 200,000 / # of Man Hours Worked. Safety Performance Note for 2019: • There were 2 “Record Only”, which incurred $0 • 1 claim was denied • 53 84 81 45 69 73 21 2013 2014 2015 2016 2017 2018 2019 Number Of Incidents/Injuries as per Tristar $40,707.47 $4,977.21 $54,276.06 $69,372.33 $1,600.00 $1,409,847.47 $170,972.67 $- $200,000.00 $400,000.00 $600,000.00 $800,000.00 $1,000,000.00 $1,200,000.00 $1,400,000.00 $1,600,000.00 Worker's Comp Claims 2018 and 2019 Safety Performance $39,961.55 $124,033.15 $1,134.30 $5,843.67 FIRE (5 CLAIMS) POLICE (12 CLAIMS) WQCP (1 CLAIM) RECREATION MAINT. YARD (3 CLAIMS) LIBRARY FINANCE COST OF CLAIMS BY DEPARTMENT 2019 11142111Types of Injuries 2019 1CITY OF SOUTH SAN FRANCISCO| Human Resources Safety Program Update City Council July 10, 2019 Leah Lockhart, Human Resources Director 2CITY OF SOUTH SAN FRANCISCO| Human Resources Safety Performance ------Industry Standard (19) ------City Threshold (12) 3CITY OF SOUTH SAN FRANCISCO| Human Resources Safety Performance ------Industry Standard (6.8) 4CITY OF SOUTH SAN FRANCISCO| Human Resources Total Costs Incurred January 1 –June 30, Incurred Costs to Date (numbers in thousands) 5CITY OF SOUTH SAN FRANCISCO| Human Resources Total Costs Incurred January 1 –June 30, Point-in-Time Measurement (numbers in thousands) 6CITY OF SOUTH SAN FRANCISCO| Human Resources Safety Responsibilities for Managers & Supervisors Training Pilot custom safety observation program Implement safety recognition program Complete/finalize remaining written safety programs Complete remaining training on new Emergency Action Plans Continue safety training program and site inspections 2019 Work Plan 7CITY OF SOUTH SAN FRANCISCO| Human Resources Approve third amendment to service agreement with Du-All Safety in the amount of $70,000 to extend agreement to December 31, 2019 Recommendation City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-587 Agenda Date:7/10/2019 Version:1 Item #:1a. Resolution approving the Third Amendment to the Consulting Services Agreement with Du-All Safety for safety program consultant services, for an additional $70,000 for a total contract amount not to exceed $445,000. WHEREAS,on July 13,2016,the City Council of the City of South San Francisco approved a consulting services agreement (“Agreement ")with Du-All to provide safety program consulting services in an amount not to exceed 125,000, attached hereto and incorporated herein as Exhibit A; and WHEREAS,on September 6,2017 the City Council approved the first amendment to the agreement (“First Amendment”)to include a second year and to increase the amount by $125,000 for a total not to exceed $250,000,and on June 27,2018 City Council approved the second amendment to the agreement (“Second Amendment”)for a third year,for a total not to exceed $375,000 attached hereto and incorporated herein within Exhibit A; and WHEREAS,in order to implement safety engagement and recognition programs,complete remaining written safety plans and to continue employee training,staff prepared an amendment (“Third Amendment")to the Agreement to extend the term for an additional six months and to increase the contract amount by $125,000,for a total not to exceed amount of $445,000, attached hereto and incorporated herein as Exhibit B; and WHEREAS, staff recommends that the City Council approve the Third Amendment. NOW THEREFORE BE IT RESOLVED,that the City Council of the City of South San Francisco hereby takes the following actions: 1.Approves the Third Amendment to the Agreement extending the term for six months and increasing the not to exceed amount to $445,000, attached hereto and incorporated herein as Exhibit B. 2.Authorizes the City Manager to execute the Third Amendment and to make any revisions,amendments, or modifications,deemed necessary to carry out the intent of this resolution which do not materially alter or increase the City's obligations thereunder, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 7/12/2019Page 1 of 1 powered by Legistar™ THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND DU-ALL SAFETY THIS THIRD AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of July 10, 2019 by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and DU-ALL SAFETY (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On July 17, 2016, City and Contractor entered that certain Consulting Services Agreement (“Agreement”) whereby Contractor agreed to provide safety consulting services and training for the City. A true and correct copy of the Agreement and its exhibits is attached as Exhibit B. B. On September 6, 2017, City and Contractor amended the Consulting Services Agreement (“First Amendment”) to provide for an additional year of Consultant services. A true and correct copy of the First Amendment and its exhibits is attached as Exhibit C. C. On June 27 2018, City and Contractor amended the Consulting Services Agreement (“Second Amendment”) to provide for another additional year of Consultant services. A true and correct copy of the Second Amendment and its exhibits is attached as Exhibit D. D. City and Contractor now desire to amend the Agreement. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: 1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2. Section 1. The July 1, 2019 end date for the term of services identified in Section 1 of the Agreement is hereby replaced with January 1, 2020. 3. Section 2. Section 2 of the Agreement shall be amended such that the City agrees to pay Contractor a sum not to exceed $445,000, with the understanding that up to $339, 700 has already been paid to Contractor. Contractor agrees this is the City’s total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties in writing. 4. Scope of Services. The Scope of services is amended and attached as Exhibit A to this Amendment. All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. Dated: CITY OF SOUTH SAN FRANCISCO CONTRACTOR By: City Manager By: Du-All Safety DU-ALL SAFETY Approved as to Form: By:____________________________ City Attorney EXHIBIT A City of South San Francisco DU-ALL Safety Scope of Work July 2019 Action Item Timeframe Safety Committee Meetings Every two months Conduct Facility Inspections Monthly Continue regular and periodic inspections of field crews and work areas Monthly Conduct Emergency Action Plan (EAP) Training for MSB and City Hall Finalize Hazard Communication Program Finalize Respiratory Program for PD Develop Respiratory Program for Public Works and FD Conduct Forklift training (PW) Conduct Heat Illness Prevention training (PW) July, 2019 Conduct Hotwork Training Conduct Portable Ladder Training Develop Personal Protective Equipment Program Conduct Bloodborne Pathogens training (PW) Conduct Silica training (PW) Conduct LOTO training (PW) August, 2019 Conduct Safety Responsibilities for Managers and Supervisors Training Develop Hearing Conservation Program Develop Workplace Violence Program September, 2019 Finalize Written lockout/tagout procedures Develop Equipment-Specific lockout/tagout procedures Conduct Lockout/Tagout Training Conduct Facility Evacuation Drills October, 2019 Conduct ATD, BBP and Respiratory Protection Training for PD and FD Develop Hotwork Plan Develop Silica (Respirable) Program Conduct Fall Protection Competent Person training November, 2019 Develop Spill Prevention Control and Countermeasures Plan (SPCC) Conduct ATD, BBP and Respiratory Protection Training for PD and FD Develop ARC Flash Program Conduct Workplace Violence/Active Shooter training December, 2019 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-560 Agenda Date:7/10/2019 Version:1 Item #:2. Report regarding an ordinance amending Title 6,Chapters 6.04,6.16 and 6.90 of the South San Francisco Municipal Code pertaining to street vendor,sidewalk vendor and peddler regulations (Mike Rudis,Master Sergeant) RECOMMENDATION It is recommended that the City Council introduce an ordinance amending Title 6,Chapters 6.04,6.16 and 6.90 of the South San Francisco Municipal Code pertaining to street vendor,sidewalk vendor and peddler regulations, and waive further reading. BACKGROUND/DISCUSSION California’s New Sidewalk Vendor Law Recently,Senate Bill 946 (“SB 946”)amended California law to limit cities’ability to regulate sidewalk vendors operating via non-motorized conveyances within their jurisdictions.SB 946,which became effective on January 1,2019,decriminalized such sidewalk vending activities and afforded additional protections to vendors against local regulations.Absent cities adopting a sidewalk vending program consistent with SB 946, sidewalk vendors are free to vend within the city so long as they vend in compliance with the provisions of SB 946 (codified at Government Code sections 51035 et seq.).SB 946 covers stationary or roaming sidewalk vendors selling food and merchandise from a non-motorized cart,stand,or their persons,on sidewalks and pedestrian paths.It does not apply to vehicular vendors such as food trucks or ice cream trucks.Cities may not regulate sidewalk vendors except through regulations that are consistent with SB 946 requirements. Under SB 946, local government regulations must be directly related to objective health, safety, or welfare concerns aside from specifically enumerated statutory criteria.Particularly, local governments may not rely on “perceived community animus or economic competition” to regulate sidewalk vendors.To illustrate, the government may not prohibit sidewalk vendors to locate in front of businesses that sell similar food items or merchandise as the vendor in order to protect those businesses against competition. It is also important to note that violation of sidewalk vendor regulations are only punishable by administrative fines specified under state law; local governments may not prosecute such violations as criminal offenses. SB 946’s requirements are briefly summarized below: ·Impermissible Regulations o The City may not impose the following regulations under any circumstances: §Prohibit roaming sidewalk vendors (moving from place to place) to locate in exclusively residential areas. §Require sidewalk vendors to first obtain non-government consent or approval before doing business. City of South San Francisco Printed on 7/3/2019Page 1 of 6 powered by Legistar™ File #:19-560 Agenda Date:7/10/2019 Version:1 Item #:2. §Criminalize violations of sidewalk vendor regulations or the failure to pay applicable fines. ·Permissible Regulations o (1) The City may require vendors to comply with generally applicable laws, and to obtain a permit with application requirements. o (2) The City may regulate time, place, and manner of sidewalk vending that are directly related to objective health, safety or welfare concerns. Examples of regulations that are permissible if based on such concerns include: §Restrict where sidewalk vendors can locate in the public right-of-way. §Restrict the overall number of sidewalk vendors permitted within the city. §Impose hours of operation, sanitation, and disability access requirements. §Require vendors to obtain additional governmental licenses and a state seller’s permit. o (3) The City may also prohibit vendors from locating next to a certified farmers’ market, swap meet, or a temporary special event permit issued with notice, during the term of the permit. o (4) The City may regulate sidewalk vendors in public parks, subject to specific statutory restrictions. Proposed Amendments to the South San Francisco Municipal Code The City of South San Francisco (“City”)currently regulates street and sidewalk vending under Chapter 6.90 of the Municipal Code.The existing Chapter 6.90 only permits street vendors operating from a motorized vehicle to do business within the City pursuant to a vending permit.Under the current ordinance,sidewalk vending via non-motorized conveyances,such as a pushcart,stand,or wagon,are prohibited with the exception of certain temporary sidewalk sales held by organized merchant groups.These existing regulations under Chapter 6.90 are inconsistent with SB 946 requirements.Thus,staff has prepared the proposed ordinance to amend Chapter 6.90 consistent with SB 946 in order to impose regulations that aim to protect public health, safety and welfare. The amended Chapter 6.90 would regulate three types of vendors:(1)street vendors,which are those vendors operating from a motorized vehicle (i.e.a food truck);(2)sidewalk vendors,which are those vendors operating from a non-motorized conveyance (i.e.a fruit stand)and located on public sidewalks and public pedestrian paths only;and (3)peddlers and solicitors,which are those that travel from place to place or house to house offering merchandise or services (i.e.a magazine subscription sales person),but not conducting businesses on a street or sidewalk or other public pathways. The amended Chapter 6.90 will require these vendors to obtain a vending permit and comply with the requirements summarized below. I. Vending Permit and Related Requirements ·Vending Permit o A permit is required of all vendors (including peddlers and solicitors). o Permit must be in the vendor’s possession or displayed on vendor’s vehicle,stand or other conveyance at all times, as applicable. o Permit may be revoked for false or misrepresenting facts on the application,multiple violations City of South San Francisco Printed on 7/3/2019Page 2 of 6 powered by Legistar™ File #:19-560 Agenda Date:7/10/2019 Version:1 Item #:2. o Permit may be revoked for false or misrepresenting facts on the application,multiple violations of Chapter 6.90, or failure to pay administrative fines. o The City’s decision to revoke a permit is appealable to the City Manager. ·Business License o Required and must be in possession of,or display the permit on vendor’s vehicle,stand or other conveyance at all times, as applicable. ·Permit Application o Requires name,mailing address,a California seller’s permit,and description of merchandise to be offered.Acceptable form of identification includes driver’s licenses,state or federal government-issued identification,or other photo I.D.issued by the U.S.or a foreign government. o For peddlers and solicitors only: must be fingerprinted and subject to background check. II. Location and Distance Requirements ·Prohibited Locations o Street and Sidewalk Vendors §Any public property that is not legally open to the public as sidewalks,streets or pedestrian pathways (except for public parks). §Private property, unless with property owner’s consent. §Within 200 feet of a farmer’s market,swap meet,and an event subject to a City-issued special event or private event permit, during operation hours. §Within 500 feet of schools. §Within 50 feet of any street intersection,fire escape,fire hydrant,emergency call boxes, and utility cabinets. §Street vendors cannot vend in the same location for more than 30 minutes and must move to a location 200 feet away every 30 minutes.In exclusively residential zones, sidewalk vendors must do the same (thus, no stationary vendors are permitted). o Peddlers and Solicitors §Any private property that has a sign stating “No Peddlers or Solicitors”or words to that effect. ·Distance and Accessibility o Street and Sidewalk Vendors must: §Be at least 50 feet from each other. §Maintain a clear space at their location to allow pedestrians to pass. §Not block any entrance/exits to a building,parking lot,residence,or other facility,or otherwise impede access thereto. §Not obstruct pedestrian,on-street parking,emergency responder personnel or vehicular access. §Not trespass or allow their vending activities to trespass on private property,or to create City of South San Francisco Printed on 7/3/2019Page 3 of 6 powered by Legistar™ File #:19-560 Agenda Date:7/10/2019 Version:1 Item #:2. a noise, odor or sanitary nuisance for adjacent residents or occupants. o Because of the nature of their operation,there are no particular distance requirements for peddlers and solicitors. III. Public Safety, Health and Welfare Requirements ·Vending Equipment and Merchandise o Vending equipment may not: §Block or impede pedestrian or vehicular traffic. §Endanger pedestrians or property, or create a public or private nuisance (i.e. installing umbrellas or hanging wires, or using an open flame). §Attach to or lean against poles, street signs, bus stops, trashcans, or other public structure. §Be left unattended at any time. o Merchandise may not be stored in the streets/sidewalks,or on private property without owner’s consent. ·Health and Sanitation o Vendors selling food must possess all required food handling and health permits and display them at all times. o Vendors are responsible for cleaning up trash and spills resulting from their business within a 50 -foot radius, and must provide their own trash receptacle. ·Community Welfare o Vendors selling food must possess all required food handling and health permits and display them at all times. o Vendors are responsible for cleaning up trash and spills resulting from their business within a 50 -foot radius, and must provide their own trash receptacle. ·Other Laws o Vendors must comply with all generally applicable federal,state,and local laws,including ADA standards, San Mateo County food safety codes, and other provisions of the SSF Muni Code. ·Additional Rules for Street Vendors (selling via vehicle) o Vehicles must be completely stopped and parked by the curb before the vendor can do business. o Vendors may only do business from the curbside of the parked vehicle. o Vendors must move to a location 200 feet away every 30 minutes. IV. Special Rules for Parks ·Rules for Public Parks o Street vendors (operating from vehicles) are not permitted. o Roaming sidewalk vendors are permitted at all times.Stationary sidewalk vendors are permitted only if there is not a concessionaire agreement between the City and a third party for food or City of South San Francisco Printed on 7/3/2019Page 4 of 6 powered by Legistar™ File #:19-560 Agenda Date:7/10/2019 Version:1 Item #:2. merchandise in the park. o Where permitted,sidewalk vendors may only sell from a sidewalk in the park or a paved/ marked pedestrian pathway. No selling from dirt, grass, sand, or parking lot permitted. o Vending cannot adversely affect the public’s use and enjoyment of the park or unreasonably interfere with the scenic and natural character of the park. V. Penalties for Violating Chapter 6.90 ·Applicable to All Vendors: o Operating without a permit: §1st offense: $250 §2nd offense within one year of the first: $500 §Each additional offense within one year of the first: $1,000 o Violating Chapter 6.90 requirements (when vending with a permit): §1st offense: $100 §2nd offense within one year of the first: $200 §Each additional offense within one year of the first: $500 o Subsequent violations or failure to pay fines may constitute grounds for revocation of vending permit. ·Applicable to Sidewalk Vendors only: o Violations or failure to pay a fine is not punishable as a criminal offense. o A cited sidewalk vendor may request a determination from the City for their ability to pay the fines. §The City may allow the vendor to complete community service in lieu of paying the fine, waive the fine, or offer an alternative disposition. §Failure to pay fines or complete the alternative community service/disposition may constitute grounds for revoking a permit or deny a subsequent permit application. Additional Changes to the Municipal Code Staff notes that the penalties and provisions applicable to sidewalk vendors are replicated from SB 946 requirements and the City is otherwise preempted from enacting additional penalties.Thus,consistent with Chapter 6.90,staff recommends amending section 6.04.180 of the Municipal Code to exempt sidewalk vendors from criminal liability for violations relating to business licensing requirements. Likewise,Section 6.16.110 of Chapter 6.16,relating to the imposition and payment of business license taxes, also contain certain regulations for peddlers and solicitors with which they must comply in order to obtain a license.Staff recommends that those regulations be consolidated with the amended Chapter 6.90 and Section 6.16.110 be modified accordingly. FISCAL IMPACT None.Staff has estimated that there would be little additional cost with enforcing the amended Chapter 6.90 regulations.It is anticipated that existing Finance and Police staff could absorb the additional work and any City of South San Francisco Printed on 7/3/2019Page 5 of 6 powered by Legistar™ File #:19-560 Agenda Date:7/10/2019 Version:1 Item #:2. regulations.It is anticipated that existing Finance and Police staff could absorb the additional work and any costs associated therewith. CONCLUSION Staff recommends that the City Council introduce an ordinance amending Title 6,Chapters 6.04,6.16 and 6.90 of the South San Francisco Municipal Code pertaining to street and sidewalk vendor regulations and waive further reading. City of South San Francisco Printed on 7/3/2019Page 6 of 6 powered by Legistar™ Senate Bill 946 California’s Sidewalk Vending Law (Amending SSFMC 6.04, 6.16 & 6.90) Types of Vendors Street Vendors operate from motorized vehicles such as food or ice cream trucks Peddlers & Solicitors-those who travel business-to-business or door-to-door to sell merchandise or services Sidewalk Vendors-operate from a non-motorized conveyance, such as fruit stand or push cart, located on sidewalk or public pedestrian paths Senate Bill 946 SB 946 limits regulations local governments can place on sidewalk vendors Any regulations must be related to objective health, safety, or welfare concerns Cannot rely on “perceived community animus or economic competition” to regulate sidewalk vendors Permits Required Business license Vending permit Food handling permit (by San Mateo County) Seller’s permit (by State of California) SSFMC 6.90.030 Must have business license and vending permit Street or sidewalk vendors must be on street, sidewalk, or public pedestrian path Cannot encroach onto private property w/o permission Signage of “No peddlers or solicitors” -means just that SSFMC 6.90.030 Street & sidewalk vendors cannot sell within: 50 feet-Street intersection, fire hydrants, emergency call boxes, utility cabinets, or fire escapes 200 feet-Certified farmers’ market, swap meet, or special event with permit issued by City 500 feet-K-12 school, private or public SSFMC 6.90.050 Additional operating conditions- 1)Must display permits 2)No dangerous conditions 3)No blocking vehicular/pedestrian traffic 4)No blocking access to property 5)Sanitary requirements (offer garbage cans, 50 ft. cleanup) SSFMC 6.90.060 Penalties/Fines With Permits: $100 –first $200 –second $500 –each additional Without Permits: $250 –first $500 –second $1,000 –each additional SSFMC 6.90.060 Penalties/Fines Reduced fine to 20% of total if: 1) Requests it 2) Receiving public benefits, or 3) Monthly income = 125% less than Federal register poverty Must offer alternate dispositions: 1) Allow community service 2) Waive administrative fines, or 3) Offer alternate disposition (SB 946 does not define this) Senate Bill 946 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-559 Agenda Date:7/10/2019 Version:1 Item #:2a. Ordinance amending Title 6,Chapters 6.04,6.16 and 6.90 of the South San Francisco Municipal Code pertaining to street vendor, sidewalk vendor, peddler and solicitors regulations. WHEREAS,the California Legislature delegates to local governments the authority to regulate any type of vending, as well as the time, place, and manner of vending from vehicles on streets within their jurisdictions; and WHEREAS,in accordance with this authority,the South San Francisco City Council (“City Council”)has adopted provisions of the South San Francisco Municipal Code that regulate street vendors,sidewalk vendors peddlers and solicitors in the City of South San Francisco (“City”); and WHEREAS,Senate Bill No.946 (“SB 946”),signed into law on September 17,2018,became effective on January 1, 2019, added sections 51036-51039 to the Government Code regarding sidewalk vendors; and WHEREAS,SB 946 decriminalizes sidewalk vending in the public rights-of-way and limits local regulations to those expressly provided for in the bill or are otherwise,“directly related to objective health,safety,or welfare concerns”; and WHEREAS,the City seeks to comply with new state law and recognizes that sidewalk and street vending provide important commerce and economic development opportunities to the South San Francisco community and the general public,contribute to a dynamic public space,and increase access to desired goods and culturally significant food and merchandise; and WHEREAS,the City also seeks to protect the health,safety and welfare of the public and the use and enjoyment of public spaces, natural resources, and recreational opportunities within South San Francisco; and WHEREAS,the City Council finds that there is a need to regulate the sale of food and merchandise in the public right-of-way and ensure that unsanitary conditions are addressed and trash and debris are removed; WHEREAS,the City Council finds that regulations are necessary to ensure that street and sidewalk vendors prepare food safely and according to all applicable regulations; WHEREAS,the City Council finds regulations are necessary to prevent street and sidewalk vendors from locating in areas that would endanger public health,safety,and welfare,including endangering pedestrian and vehicular travel, obstructing disability and emergency access, and creating public nuisances; WHEREAS,the City Council finds regulations are necessary to accommodate vending equipment,while safeguarding pedestrian and vehicular movement and access on and near sidewalks and other thoroughfares; WHEREAS,the City Council finds that a well-regulated sidewalk vending licensing program would promote entrepreneurship opportunities in the City,while achieving the goals of preventing unsanitary and unsafe conditions,ensuring food preparation and consumption safety,and addressing traffic,crowding,movement,City of South San Francisco Printed on 7/12/2019Page 1 of 14 powered by Legistar™ File #:19-559 Agenda Date:7/10/2019 Version:1 Item #:2a. conditions,ensuring food preparation and consumption safety,and addressing traffic,crowding,movement, access and public safety and welfare concerns; and WHEREAS,the City desires to amend its existing street vendor ordinance to ensure compliance with state law and achieving the above-stated goals. NOW,THEREFORE,based on the entirety of the record before it,as described below,the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1.The City Council of South San Francisco finds that all Recitals are true and correct and are incorporated herein by this reference. SECTION 2.The City Council hereby finds and determines that there is no possibility the adoption of the proposed ordinance will have a significant effect on the environment. Accordingly, under the CEQA Guidelines and specifically provisions of § 15061(b)(3) and § 15378(b)(5) of Division 6 of Title 14 of the California Code of Regulations, the adoption of this ordinance is not subject to the requirements of the California Environmental Quality Act. SECTION 3. Chapter 6.04 “General Licensing Provisions”, of Title 6, “Business Regulations”, is hereby amended to read as follows (with text in strikeout indicating deletion and double underline indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. . . . 6.04.180 Penalty for violations. A. Any person committing or omitting an act which violates any of the provisions of this chapter, or Chapters 6.08 through 6.16 of this code, is guilty of a misdemeanor, except sidewalk vendors operating via their person or via a human-powered device shall be regulated under Chapter 6.90 of this code and exempt from the requirements of this section. B.Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter,or Chapters 6.08 through 6.16 of this code occurs by commission or omission, or is continued or permitted by any such person. SECTION 4.Chapter 6.16 “License Taxes”, of Title 6, “Business Regulations”, is hereby amended to read as follows (with text in strikeout indicating deletion and double underline indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and City of South San Francisco Printed on 7/12/2019Page 2 of 14 powered by Legistar™ File #:19-559 Agenda Date:7/10/2019 Version:1 Item #:2a. effect. . . . 6.16.110 Peddler or solicitor. (a)“Peddler”means any person going from house to house,place to place,or in or along the streets within the city selling and making immediate delivery or offering for sale and immediate delivery,any goods,wares, merchandise,or anything of value,in possession of the peddler,except such goods,wares and merchandise to manufacturers, wholesalers, jobbers or retailers, for the purpose of resale. (b)“Solicitor”means a person who engages in the business of going from house to house,place to place,or in or along the streets within the city selling or taking orders for,or offering to sell or take orders for,goods, wares, merchandise or other things of value for future delivery or for the services to be performed in the future. (c)The license tax shall be as follows:a fixed fee of seventy-five dollars plus fifteen dollars multiplied by the average number of employees plus two hundred fifty dollars per vehicle used in by the business in the city (“peddler/solicitor rate”). (d)All peddlers and solicitors shall comply with the requirements set forth under Chapter 6.90 of this Code and shall obtain a vending permit issued pursuant to that chapter.Such permit shall be displayed or carried on the permittee’s person at all times as required by Chapter 6.90.When all conditions precedent have been complied with,the collector shall issue to the applicant a license or permit,as the case may be,which shall be carried on the applicant’s person at all times while conducting the business of solicitor within the city and,upon request,shall be displayed to any citizen or to police officers and other city officials.Each license or permit, which shall be in the form of a card as above provided,shall bear a picture,one and one-half inches by one and one-half inches,of the licensee or permittee and shall show,in clearly legible letters and figures,the following information: (1) The name of the city of South San Francisco; (2) The name and address of the licensee or permittee and the company that he represents; (3) The expiration date; and (4) In the case of a permit, the name and address of the license holder. In addition,said card shall bear the imprint of the official seal of the city and the signature of the license clerk, and, further, on the reverse side thereof, shall have the fingerprints of the licensee or permittee. (e)Every person engaged in the business of soliciting shall first pay to the department of finance the license tax specified in this section and,thereafter,prior to receiving such license or permit,or renewal thereof,shall report to the police department of the city and furnish said department with all the following information: (1)Permanent residence address and telephone number of applicant,together with his or her regular mailing address; (2)Up-to-date medical certificates (not more than ten days old),issued by a licensed physician and establishing that neither the applicant nor any of the persons intended to be employed by him or her for the purpose of soliciting within the city,including any and all partners,agents,servants,or crew members,is afflicted with a communicable disease of any type or description;each person so afflicted shall be denied a license or permit until such time as he or she shall present a medical certificate showing him or her to be free City of South San Francisco Printed on 7/12/2019Page 3 of 14 powered by Legistar™ File #:19-559 Agenda Date:7/10/2019 Version:1 Item #:2a. from any such communicable disease; (3)Each applicant and all partners,agents,employees,servants,or crew members shall submit to fingerprinting by the police department for identification purposes;it shall be the duty of the police department to check all of said fingerprints with the Federal Bureau of Investigation and the California Criminal Intelligence Bureau.If the police department ascertains that the applicant,or any of said persons,has a criminal record,or is of undesirable character,it shall be the duty of the chief of police to report such matter,at the earliest possible date,to the city council,with his recommendation,and,in the meantime,no license or permit, as the case may be,shall be issued to such person,pending action by the city council.If,upon the police report, such person is denied a license or permit,or if he or she withdraws his or her application after the police department has commenced its investigation,he or she shall be entitled to a refund of the tax paid to the collector as specified in this section;provided,however,that there shall be deducted therefrom the sum of fifty dollars to be retained by the city as reimbursement for the cost of making each investigation; (4)The provisions of this section with respect to fingerprinting,health certificates,and police investigation shall apply to all persons soliciting within the confines of the city whether such person is subject to the payment of a business license fee or not.All persons exempt from the payment of such business license fee shall, nevertheless,be required to carry a card containing the same information and data as specified in this section, and shall pay to the collector the sum of fifty dollars annually for the purpose of defraying the expense of fingerprinting,police investigation,and preparation of license or permit card,which must be renewed each year. (5) It is unlawful for any person to solicit: (A)At any time at any building where there is a posted sign stating “no solicitors,”or words to that effect, unless the occupant has previously granted permission, (B) At any time at any building between the hours of nine p.m. and nine a.m., (C)In a congested area where the solicitation impedes the public.For the purpose of this section,the judgment of a police officer,exercised in good faith,shall be deemed conclusive as to whether the area is congested or the public impeded. SECTION 5. Chapter 6.90 “Regulation of Street and Sidewalk Venders and Peddlers”of the South San Francisco Municipal Code is hereby repealed in its entirety and replaced to read as follows: Chapter 6.90 REGULATION OF STREET AND SIDEWALK VENDERS AND PEDDLERS 6.90.010 Purpose. 6.90.020 Definitions. 6.90.030 General Prohibitions. 6.90.040 Vending Permits. 6.90.050 Street and Sidewalk Vendor Regulations. 6.90.060 Violation-Penalty. City of South San Francisco Printed on 7/12/2019Page 4 of 14 powered by Legistar™ File #:19-559 Agenda Date:7/10/2019 Version:1 Item #:2a. 6.90.010 Purpose. It is the purpose and intent of the City Council in enacting the ordinance codified in this chapter to provide responsible companies and individuals who engage in the operation of street vending, sidewalk vending and peddling with clear and concise regulations to protect against unsafe conditions and health, safety or welfare concerns of the community that result from the operation of street vendors, sidewalk vendors, and peddlers. It is the intent of the city to prevent safety, traffic, and health hazards, as well as to preserve the safety, and welfare of the community, and to promote vendor accountability. 6.90.020 Definitions. For the purposes of this chapter, unless the context clearly indicates otherwise, certain words and phrases used in this chapter are defined as follows: (a)“Business” means all professions, trades and occupations whether or not carried on for profit and any activity subservient to, supportive of, or done in conjunction with the operation of a regularly licensed business. (b)“Goods or merchandise” means items and products of every kind and description, including all food, produce and beverage items. (c)“Human powered device” means any device moved by human power including but not limited to any pushcart, stand, display, pedal-driven cart, showcase, wagon, bicycle, tricycle or other nonmotorized conveyance. (d)“License” means a business license issued by the city pursuant to this title. (e)“Operator” means any person owning, operating or otherwise controlling any business involving the vending of goods or merchandise from a vehicle. (f)“Peddler” means any person going from house to house or place to place within the city selling and making immediate delivery or offering for the immediate sale and delivery any goods or merchandise, or anything of value, from the person of the peddler, except such goods and merchandise sold and delivered to manufacturers, wholesalers, jobbers or retailers, for the purpose of resale. (g)“Permit” means a vending permit issued by the city to street or sidewalk vendors or peddlers pursuant to this chapter. (h)“Person” means any natural person, firm, partnership, association, corporation or other entity of any kind or nature. (i)“Sidewalk” means that area of improved real property between any curb face and the property line of adjoining real property legally open for public access. (j)“Sidewalk vendor” means any person who engages in the act of vending on a public sidewalk or pedestrian path from one’s person, a human-powered device, or who otherwise operates any such human- powered device for the purpose of vending therefrom. (k)“Solicitor” means a person who engages in the business of going from house to house or place to place within the city selling or taking orders for, or offering to sell or take orders for, goods, wares, City of South San Francisco Printed on 7/12/2019Page 5 of 14 powered by Legistar™ File #:19-559 Agenda Date:7/10/2019 Version:1 Item #:2a. merchandise or other things of value for future delivery or for the services to be performed in the future. (l)“Street vendor” means any person who engages in the act of vending on streets from a vehicle, or who drives or otherwise operates any such vehicle for the purpose of vending therefrom. (m)“Vehicle” means as defined in the California Vehicle Code, but shall not include human-powered devices as defined in this chapter. (n)“Vend or vending” means the sale or offering for sale of any goods or merchandise to the public from one’s person, a vehicle, or a human- powered device. (o)“Vending vehicle” means any vehicle as defined in this chapter, used for the purposes of selling or offering for sale goods or merchandise to the public. Vending vehicles shall include, but not be limited to, any catering truck, lunch wagon, eating car, van or trailer. (p)“Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. (q)“Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. 6.90.030 General Prohibitions. (a)It is unlawful for any person, on behalf of themselves or any other person, to engage in peddling or soliciting activities or to sell or offer for sale any goods or merchandise from one’s person, any vehicle parked, stopped or standing, or from any human-powered device, upon any street, sidewalk or other areas in the city unless pursuant to a valid permit and business license, and in accordance with all applicable provisions of this chapter and code. (b)Street or sidewalk vendors shall not conduct vending activities upon any public property that is not legally open to the public for sidewalks, streets or pedestrian pathway purposes, unless otherwise specifically permitted by this chapter and code. (c)Street and sidewalk vendors shall not enter or encroach onto private property while engaged in vending activities, unless pursuant to the property owner’s consent or authorization. (d)Peddlers and solicitors shall not conduct business upon any private property in the city except in accordance with the requirements of this chapter and code. Notwithstanding any provisions of this chapter, peddlers and solicitors shall not conduct such business at any private premises which is posted with a clearly visible sign bearing the words "No Peddlers or Solicitors" or words to that effect. (e)Street and sidewalk vendors shall not conduct vending activities while located within two City of South San Francisco Printed on 7/12/2019Page 6 of 14 powered by Legistar™ File #:19-559 Agenda Date:7/10/2019 Version:1 Item #:2a. hundred (200) feet of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. (f)Street and sidewalk vendors shall not conduct vending activities while located within two hundred (200) feet of an area subject to a current special event or private event permit issued by the city pursuant to Chapter 6.48 of this code, including but not limited to street fairs, outdoor art shows, concerts, and recreational events, during the operating hours of such permitted activities and for the duration of such permits. (g)Street and sidewalk vendors shall not conduct vending activities while located within: (1) fifty (50) feet of any intersection of two or more public streets; (2) within fifty (50) feet of any fire hydrant, emergency call boxes, utility cabinets, or fire escapes, and (3) within five hundred (500) feet of any public or private elementary, junior high or high school. (h)All street and sidewalk vendors and peddlers and solicitors shall comply with the noise standards provided in Article 2 of Chapter 8.32 of Title 8 of this code, as it is most currently in effect and as may be amended. (i)All street and sidewalk vendors and peddlers and solicitors shall comply with all generally applicable federal, state, and local laws, including but not limited to: the South San Francisco Municipal Code, the Americans with Disabilities Act of 1990 and other disability access standards, and any applicable and most current provisions of San Mateo County Health codes, regulations, and requirements for food safety. 6.90.040 Vending Permits. (a)Any person desiring to engage in vending activities within the city shall first obtain a business license and a vending permit from the city. An application for a vending permit shall include the following information in writing, as applicable depending on the type of the applicant’s vending activity: 1.The name and description of the applicant; 2.The current mailing address of the applicant; 3.Individual identification information for the applicant. Acceptable photograph identification includes, but is not limited to, a state-issued driver license or identification card, or similar photograph identification issued by the United States government or a foreign government; 4.A description of the merchandise offered for sale or exchange; City of South San Francisco Printed on 7/12/2019Page 7 of 14 powered by Legistar™ File #:19-559 Agenda Date:7/10/2019 Version:1 Item #:2a. 5.Proof of insurance, as required by this chapter; 6.Agreement by the applicant to indemnify and hold harmless the City, its officers and employees from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant’s operation location. 7.The applicant’s valid California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if applicable; 8.If applicant is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; 9.The number of vending vehicles to be owned, operated or controlled by the applicant, and the make, model, body style, year, vehicle identification number (VIN) or serial number, state license plate number, and name and address of the registered and/or legal owners of each vehicle; 10.The number of human-powered devices to be owned, operated or controlled by the applicant, and the name and address of the registered and/or legal owner of each human-powered device; 11.A description of the logos, color scheme, insignia and any other distinguishing characteristics of the applicant’s vehicles and/or human powered devices; 12.Evidence of insurance coverage as may be required by the City’s Risk Manager, with the type and amount of coverage to be determined by the Risk Manager according to the size and risk factors of the vendor’s operations; 13.A sworn statement by the applicant that all vending vehicle drivers employed by the applicant possess a valid California driver’s license; 14.A description of any additional equipment or materials to be used in conjunction with the vending vehicle(s) and/or human powered device(s); City of South San Francisco Printed on 7/12/2019Page 8 of 14 powered by Legistar™ File #:19-559 Agenda Date:7/10/2019 Version:1 Item #:2a. 15.Those persons operating in the city as street vendors, sidewalk vendors, peddlers, or solicitors on the effective date of the ordinance codified in this chapter shall be required to obtain a permit at such time as they seek to renew their business license after the effective date of this chapter. (b)Vending permit applicants shall promptly notify the city of any material changes to the facts provided in the permit application subsequent to the issuance of a vending permit. 1.Any false or misleading statements or information provided in a vending permit application, or any failure to comply with the requirements of this chapter, shall be grounds for denial of the application or revocation of the permit. 2.Revocation of a vending permit shall be served in writing no less than 30 days before revocation to the address listed on the initial application or to any subsequent address provided to the City by the permittee. 3.Any applicant whose application for a vending permit is denied or whose permit is revoked may appeal such decision to the City Manager or designee by filing a written notice of appeal within 10 calendar days after receipt of the notice of denial or revocation. 4.The City Manager or designee shall review and render a decision on the appeal within 90 calendar days. The decision made by the City Manager or designee shall be final. (c)Additional Requirements Pertaining to Peddlers and Solicitors. Peddlers and solicitors shall comply with the following in connection with a vending permit application: 1.Each applicant for a peddler’s or solicitor’s permit and all partners, agents, employees, servants, or crew members shall submit to fingerprinting by the police department for identification purposes; it shall be the duty of the police department to check all of said fingerprints with the Federal Bureau of Investigation and the California Criminal Intelligence Bureau. If the police department ascertains that the applicant, or any of said persons, has a criminal record, or is of undesirable character, it shall be the duty of the chief of police to report such matter, at the earliest possible date, to the city council, with his recommendation, and, in the meantime, no license or permit, as the case may be, shall be issued to such person, pending action by the city council. If, upon the police report, such person is denied a license or permit, or if he or she withdraws his or her application after the police department has commenced its investigation, he or she shall be entitled to a refund of the tax paid to the collector as specified in this section; provided, however, that there shall be deducted therefrom the sum of fifty dollars to be retained by the city as reimbursement for the cost of making each investigation; City of South San Francisco Printed on 7/12/2019Page 9 of 14 powered by Legistar™ File #:19-559 Agenda Date:7/10/2019 Version:1 Item #:2a. 2.The provisions of this section with respect to fingerprinting and police investigation shall apply to all persons peddling or soliciting within the confines of the city whether such person is subject to the payment of a business license fee or not. All persons exempt from the payment of such business license fee shall, nevertheless, be required to carry a card containing the same information and data as specified in this section, and shall pay to the collector the sum of fifty (50) dollars annually for the purpose of defraying the expense of fingerprinting, police investigation, and preparation of a vending permit as required by this chapter, which must be renewed each year. (d)Failure to carry on, maintain and conduct vending activities according to the regulations provided for in this chapter shall be grounds for suspension or revocation of the vending permit. 6.90.050 Street and Sidewalk Vendor Regulations. (a)Each street vendor, sidewalk vendor, peddler or solicitor shall possess and at all times display in conspicuous view upon each vending vehicle or human-powered device, as applicable, a city-issued business license, a street vending permit issued pursuant to this chapter and any other permits required pursuant to this chapter. (b)Every street and sidewalk vendor selling or offering for sale any produce or other food item for which a food handling permit or other health permit is required shall possess, and at all times display, such required permit(s) in conspicuous view upon each vending vehicle or human-powered device, as applicable. (c)Vending Equipment. Any vehicle, human-powered device, or equipment associated with vending activities shall not: 1.Be stopped or left standing in any manner which blocks or impedes pedestrian or vehicular traffic or the access to any driveway or restricts the free movement of other vehicles upon any street. 2.Locate in such a way as to endanger the safety of person or property or to cause a public or private nuisance, including but not limited to installing umbrellas, hanging wires, and other apparatus that create an obstacle for pedestrians on the vendor’s person, cart, wagon, rack, vehicle, or other conveyance for vending activities, or using an open flame. 3.Attach to or make contact with any utility pole, street sign, bus stop, trash can, traffic pole or any other public structure. 4.Remain left or maintained unattended at any time. Any vehicle, human-powered device, equipment or objects left in public spaces or in any portion of the public right-of-way unattended will be considered discarded and may be seized or disposed of by the city. 5.Use any sound amplifier or loudspeaker for the purpose of advertising or attracting attention to City of South San Francisco Printed on 7/12/2019Page 10 of 14 powered by Legistar™ File #:19-559 Agenda Date:7/10/2019 Version:1 Item #:2a. goods or merchandise offered for sale without first obtaining a permit from the police chief pursuant to section 8.32.070 of this code. (d)Merchandise. No vendor shall store any merchandise, goods, equipment, furnishings upon a public way, or on private property without consent of the property owner, at any time. (e)Sanitation. Each vendor shall vend and possess in immediate reach of the vendor’s person, vehicle, or human-powered device, a trash receptacle of a size adequate to accommodate all trash and refuse generated by such vending. 1.Each street vendor or sidewalk vendor shall pick up and deposit in the trash receptacle in the immediate reach of the vendor’s person any paper, cups, wrappers, litter or other refuse from the vending and which have been left or abandoned within fifty(50) feet of the vendor other than in a trash receptacle provided for such purposes. 2.No street vendor or sidewalk vendor shall dispose of any trash or refuse in any public or private trash receptacle other than a trash receptacle owned, operated or otherwise provided by and under the control of such vendor, and shall immediately clean up any food, grease or other fluid or item related to their vending activities that are spilled or discharged from their vending activity. (f)Location and Use of Surrounding Properties. Street vendors or sidewalk vendors and their vending activities shall not: 1.Locate within fifty (50) feet of another street vendor or sidewalk vendor or their vending activity. 2.Block any entrances or exits of any buildings, facilities, parking structures or lots, residences, or any other properties, or otherwise impede access thereto in any other manner. 3.Operate in the public right of way or any area that obstructs pedestrian, on-street parking, emergency responder personnel, or vehicular access. 4.Unlawfully trespass, or permit their vending activities to unlawfully trespass, on adjacent residential or other private properties. 5.Create, or permit their vending activities to create, a noise, odor, or sanitary nuisance for residents or occupants in adjacent residences or other properties. 6.In areas that are zoned exclusively residential, sidewalk vendors may not vend in one location City of South San Francisco Printed on 7/12/2019Page 11 of 14 powered by Legistar™ File #:19-559 Agenda Date:7/10/2019 Version:1 Item #:2a. for more than thirty (30) minutes. The vendor must move a distance of not less than two hundred (200) feet between consecutive stops at which vending occurs. Once a vendor has moved from a vending location, the vendor may not return to that location for at least thirty minutes. All street vendors shall at all times maintain a clear passageway on all sidewalks, streets or pathways on which they locate as permitted by this chapter so as to enable persons to freely pass while walking, running, or using mobility assistance devices. (g)Parks. Street vendors are prohibited from operating in a public park. Sidewalk vendors are prohibited in such parks or facilities if the City has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaires for that park. 1.Vending within public parks, as permitted herein, is allowed only upon or alongside sidewalks or other paved or marked pedestrian pathways. 2.Outside of these aforementioned areas, vending shall not take place on sand, dirt, grass, parking lot, or on any space which would obstruct, damage, or otherwise adversely affect the public’s use and enjoyment of natural resources and recreational opportunities, or contribute to an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. (h)Vendor Vehicles. Street vendors operating from a motorized vehicle shall comply with the following: 1.Vending shall only be permitted after the vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner. 2.Vendors shall not vend directly to persons in other vehicles or from an area other than the curb side of the parked vending vehicle. 3.To ensure pedestrian access and traffic safety and to prevent overcrowding, vending shall be limited to thirty (30) minutes in any one location and the vendor must move a distance of not less than two hundred (200) feet between consecutive stops at which vending occurs. Once a vendor has moved from a vending location, the vendor may not return to that location for at least thirty (30) minutes. 6.90.060 Violation-Penalty. (a)Any person violating any of the provisions of this chapter is subject to the following administrative fines not to exceed: 1.One hundred dollars ($100.00) for a first violation; or City of South San Francisco Printed on 7/12/2019Page 12 of 14 powered by Legistar™ File #:19-559 Agenda Date:7/10/2019 Version:1 Item #:2a. 2.Two hundred dollars ($200.00) for a second violation within one year of the first violation; or 3.Five hundred dollars ($500.00) for each additional violation within one year of the first violation. The city may revoke a permit issued to a vendor for the term of that permit upon the fourth violation or subsequent violations. Notwithstanding any other provisions of this Code, violations of this chapter by sidewalk vendors operating via their person or via a human-powered device shall not be punishable as a criminal offense. (b)Any person vending without a vending permit is subject to the following administrative fines in lieu of those set forth in subsection (a): 1.Two hundred fifty dollars ($250) for a first violation, 2.Five hundred dollars ($500) for a second violation within one year of the first violation, and 3.One thousand dollars ($1,000) for each additional violation within one year of the first violation. (c)The owners, managers or operators of any street vendors, sidewalk vendors peddlers, or solicitors are responsible for the violation of any provision of this chapter by their agents or employees. (d)Any fine issued herein for sidewalk vendors operating via their person or via a human-powered device will be accompanied with a notice of and instruction regarding the right to request a determination on the ability to pay. If the requestor is receiving public benefits under Government Code section 68632, subdivision (a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the city will limit the total amount of the requestor’s administrative fine to 20 percent of the total. (e)The city may, pursuant to this section, do either of the following for a citation issued to sidewalk vendors operating via their person or via a human-powered device: 1. Allow the person to complete community service in lieu of paying the total administrative fine; 2.Waive the administrative fine; or City of South San Francisco Printed on 7/12/2019Page 13 of 14 powered by Legistar™ File #:19-559 Agenda Date:7/10/2019 Version:1 Item #:2a. 3.Offer an alternative disposition. (f)Failure to pay all previous administrative fines, complete all community service or any other alternative disposition associated in any way with a previous violation of this chapter shall be grounds to revoke a vending permit or deny the application of a subsequent permit. City of South San Francisco Printed on 7/12/2019Page 14 of 14 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-597 Agenda Date:7/10/2019 Version:1 Item #:3. A report regarding an ordinance amending Title 4,Chapter 4.04 of the South San Francisco Municipal Code pertaining to monetary limits for public contract procurement methods. (Jason Rosenberg, City Attorney) RECOMMENDATION Staff recommends the City Council introduce an ordinance amending Title 4,Chapter 4.04 of the South San Francisco Municipal Code to reflect increased monetary limits for public construction cost accounting procedures set forth in the Uniform Public Construction Cost Accounting Act by Assembly Bill 2249 (AB 2249), and waive further reading. BACKGROUND/DISCUSSION The California Public Contract Code generally require municipalities to competitively bid public works projects in excess of $5,000.This process requires that each project valued in excess of $5,000 have plans and specifications prepared by an engineer,be advertised,follow a formal bid process laid out in the Public Contract Code, and projects awarded by Council go to the lowest responsive and responsible bidder. The Uniform Public Construction Cost Accounting Act (“the Act”),enacted in 1983 and codified under Public Contract Code section 22000 et seq.,provides an alternative means for municipalities to streamline public works contract procurements.Cities that adopt the accounting procedures set forth under the Act may perform public projects within certain dollar thresholds with its own workforce or by informal bidding procedures. Prior to January 1,2019,the Act authorized public projects of $45,000 or less to be let without competitive bidding and be performed by force account,authorized public projects of $175,000 or less to be let by informal bidding procedures,and required public projects of more than $175,000 to be procured through formal bidding. Additionally,the Act permits participating public agencies,in the event all bids solicited informally for the performance of a public project are in excess of $175,000,to award the contract at $187,500 or less to the lowest responsible bidder if the agency determines its cost estimate was reasonable. Assembly Bill 2249 (“AB 2249”),signed into law in 2018 and became effective on January 1,2019,increased these bid limits under the Act.AB 2249 amended Sections 22020,22032,and 22034 of the Public Contract Code to state:(1)public projects of $60,000 or less do not require bidding,(2)public projects between $60,001 -$200,000 require informal bidding,and (3)public projects over $200,000 require formal bidding.Additionally, if all informal bids received for the performance of a public project exceeded $200,000,AB 2249 permits participating public agencies to award the contract at $212,500 or less to the lowest responsible bidder if it determines its cost estimate was reasonable. These changes are summarized below: Alternate Bidding Procedure Before AB 2249 After AB 2249 Amount of contract where no competitive bidding is required $45,000 or less $60,000 or less Amount of contract where Informal Bidding is required $45,001- $175,000 $60,001-$200,000 Amount of contract where Formal Bidding is required $175,001+$200,001 + Amount of contract that may be awarded if all bids received are over $200,000 $187,500 $212,500 City of South San Francisco Printed on 7/5/2019Page 1 of 2 powered by Legistar™ File #:19-597 Agenda Date:7/10/2019 Version:1 Item #:3. Alternate Bidding Procedure Before AB 2249 After AB 2249 Amount of contract where no competitive bidding is required $45,000 or less $60,000 or less Amount of contract where Informal Bidding is required $45,001- $175,000 $60,001-$200,000 Amount of contract where Formal Bidding is required $175,001+$200,001 + Amount of contract that may be awarded if all bids received are over $200,000 $187,500 $212,500 The City of South San Francisco (City)has previously opted to adopt the accounting procedures set forth under the Act and has adopted an informal bidding ordinance under Chapter 4.04 of the Municipal Code to utilize the alternate bidding procedures set forth under the Act.As AB 2249 has adjusted the dollar thresholds,staff recommends that Chapter 4.04 be modified to be consistent with this change in state law. FISCAL IMPACT Updating the City’s purchasing ordinance to conform with changes set by AB 2249 would continue to give the City alternative options relative to performing,bidding,or negotiating public works projects that would ultimately lead to more cost effective use of public funds. CONCLUSION Staff recommends the City Council introduce an ordinance amending Title 4,Chapter 4.04 of the South San Francisco Municipal Code pertaining to monetary limits for public contract procurement methods,and waive further reading. City of South San Francisco Printed on 7/5/2019Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-596 Agenda Date:7/10/2019 Version:1 Item #:3a. Ordinance amending Title 4, Chapter 4.04 of the South San Francisco Municipal Code pertaining to purchasing procedures and informal bidding. WHEREAS, California law generally requires all public works contracts over the amount of $5,000 be competitively bid; WHEREAS, the Uniform Public Construction Cost Accounting Act (the “Act”) provides a set of alternate, informal bidding procedure that municipalities may utilize it they have adopted the Act’s accounting procedures; and WHEREAS, the City of South San Francisco (“City”) has opted in to adopt the Act’s accounting procedures and has adopted an informal bidding procedures ordinance under Chapter 4.04 of the South San Francisco Municipal Code to utilize the bidding procedure under the Act; and WHEREAS, Prior to January 1, 2019, the Act authorizes public projects of $45,000 or less to be let without competitive bidding and be performed by force account, authorizes public projects of $175,000 or less to be let by informal bidding procedures, and requires public projects of more than $175,000 to be let by formal bidding procedures; and WHEREAS, the Act also permits participating public agencies, in the event all bids received for the performance of a public project are in excess of $175,000, to award the contract at $187,500 or less to the lowest responsible bidder if it determines its cost estimate was reasonable; and WHEREAS, Assembly Bill 2249 (“AB 2249”) was passed in 2018 and became effective on January 1, 2019, and amended the dollar thresholds for the above-stated informal bidding options; and WHEREAS, before AB 2249, the Act permitted participating public agencies, in the event all informal bids received for the performance of a public project are in excess of $175,000, to award the contract at $187,500 or less to the lowest responsible bidder if it determines its cost estimate was reasonable; and WHEREAS, AB 2249, effective January 1, 2019, increased monetary bid limit thresholds, effectively adjusting the bidding procedures for when no bidding, informal bidding, and formal bidding procedures are required.; and WHEREAS, AB 2249 now authorizes public projects of $60,000 or less to be performed by city workforce without competitive bidding, authorizes public projects from $60,001 to $200,000 to be procured through informal bidding, and only require formal bidding for public projects of $200,001 or more; and WHEREAS, AB 2249 now permits participating public agencies, in the event all informal bids received for the performance of a public project are in excess of $200,000, to award the contract at $212,500 or less to the lowest responsible bidder if it determines its cost estimate was reasonable; and City of South San Francisco Printed on 7/12/2019Page 1 of 3 powered by Legistar™ File #:19-596 Agenda Date:7/10/2019 Version:1 Item #:3a. WHEREAS, staff recommends that Chapter 4.04 of the South San Francisco Municipal Code be amended to reflect the changes in dollar thresholds for alternative bidding procedures under the Act, as amended by AB 2249; and WHEREAS, based on all of the information presented at the July 10, 2019 City Council meeting, both written and oral, including without limitation the public comment, staff reports, minutes, and other relevant materials, the City Council finds that an ordinance amending the City’s Purchasing Procedures set forth in Chapter 4.04 of the South San Francisco Municipal Code should be approved to reflect increased monetary limits for public construction cost accounting procedures set forth by AB 2249. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.Findings The City Council of South San Francisco, finds that all Recitals are true and correct and are incorporated herein by reference. SECTION 2.Amendments Chapter 4.04 “Purchasing System” of Title 4 of the South San Francisco Municipal Code is hereby amended with additions in double-underline and deletions in strikethrough. Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. . . . 4.04.072 Notice inviting informal bids. . . . (e) If all bids received are in excess of one hundred seventy-five thousand dollars two hundred thousand dollars, or the limits established by subsection (f)(d) of Section 22034 of the Public Contract Code, whichever is higher, the city council, by adoption of a resolution by a four-fifths vote, may award the contract, at no more than one hundred eighty-seven thousand five hundred dollars two hundred twelve thousand five hundred dollars , or the limit established by subsection (f)(d) of Section 22034 of the Public Contract Code, whichever is higher, to the lowest responsible bidder, if it determines the cost estimate was reasonable. SECTION 3.Severability If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 4.Publication and Effective Date Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance City of South San Francisco Printed on 7/12/2019Page 2 of 3 powered by Legistar™ File #:19-596 Agenda Date:7/10/2019 Version:1 Item #:3a. along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. 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