Politics & Government

City Council to Consider Cutting More Smoking Downtown and Limiting Artists' Displays

Are there too many street vendors downtown? The city council will decide whether to limit the numbers Tuesday.

The Santa Cruz City Council will consider a proposal Tuesday to further cut the places people can smoke downtown and another to limit where people can sell art.

Smoking was banned on Pacific Avenue in 2009 and now businesses on the side streets are complaining that people are gathering there to smoke, according to a staff report.

The proposal would forbid smoking on side streets one block away from Pacific Avenue on each side.

The council will also consider a proposal to severely limit the display of art for sale on Pacific Avenue.

If the proposal signed by members David Terrazas, Cynthia Mathews and Vice Mayor Lynne Robinson passes, jewelry and art vendors must have a table to display their wares and can no longer use tarps on the ground. They will also be limited to only 12 feet of space and must be 12 feet away from other displays.

"Since the noncommercial display ordinance was amended in 2009, Downtown has experienced a significant increase in vending of crafts, jewelry and art," the members said in their report.

 "This uptick in activity coincides with recent court rulings, which stipulate that people who sell art on the street may do so without a vending permit. The increased vending has led to congested sidewalks, tripping hazards, and conflicts between vendors, other noncommercial display uses and pedestrian access."

Homeless advocate and professional protester Robert Norse said the restrictions are an assault on homeless people, street vendors and musicians.

"Under the guise of health concerns, reducing congestion, and preventing a 'trip-and-fall' hazard (none of which is documented), the reactionary new laws will essentially force street performers, vendors, homeless people, local residents, and tourists to compete with each other for the small amount of 'legal' spaces allowed for sitting, vending, performing, spare changing, or political organizing," he wrote in an email.

"The hope is clearly to reduce "congestion" by eliminating what remains of the street counterculture. Another brilliant salvo from the bowels of the City Manager's office. It's another direct attack on the right to publicly assemble or simply use community space without paying a fee to merchants."

The councilmembers and staff, however, say that merchants downtown favor the ordinance.

"While it is important to provide a safe and welcoming environment for all Downtown, it is also important to provide adequate locations for various permitted activities," they wrote.

"Staff has identified over forty locations on Pacific Avenue for display devices should this recommended changes to the ordinance go into effect. Additionally, there are numerous locations of less than four square feet that were not included in the count.

"Further, there are no restrictions if vendors sell art by holding it in their hands and do not use a display device that rests on the sidewalk."

What do you think? 

The council meets at 2 p.m. Tuesday, an hour earlier than usual. The reason, said Mayor Hilary Bryant, is that with a full agenda after a month off, she was afraid it would go too late. 

Other items of significance include a decision about whether to allow dentist William Christie to cut down four Canary Island Pine trees at 918 Center St., which he says are damaging the structure of his historical building. 

This one is expected to draw a lot of debate.


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