Santa Ana Pushcart Sellers, City Strike Deal

The pushcarts from which vendors sell fresh fruit and juices, churros, chips and other snacks on downtown Santa Ana streets will have a new, uniform appearance under guidelines passed Monday by the City Council.

The action settles a lawsuit by the vendors filed more than a year ago after the council voted to ban the pushcarts, citing concerns about litter and food safety. The merchants have been operating since then under a court injunction until the issue could be settled.

“I think it’s a win-win situation,” Councilwoman Patricia A. McGuigan said Monday night. “The downtown business people win; the vendors win. And even though litigation was started, it was settled outside the courts. People were willing to sit down and talk amicably and work toward a solution.”

The new ordinance will require the vendors, most of whom do business along 4th Street, to wear Mexican-style shirts and use carts 3 feet by 8 feet. If a cart has more than one umbrella, all must match. The vendors also must stay at least 50 feet apart and may not operate within 200 feet of a church or school or within 500 feet of the Santa Ana Zoo.

Breaking the rules would be a misdemeanor that could bring a fine of as much as $1,000 and six months in jail.

“There is a range of actions the city could take when there’s a violation,” City Atty. Joseph W. Fletcher said recently. “The city could administer a citation, and if the violation continues there could be a permanent revocation of the operating permit. Or if the violation is particularly egregious, the city could decide to prosecute criminally.”

The new rules apply only to pushcart vendors downtown--the area bounded by 1st, Ross and French streets and Civic Center Drive.

The vendors have been involved in the settlement process and expressed enthusiasm Monday about the agreement, which was signed Friday pending council approval.

“They’re excited,” said Moses Luna, an attorney for the merchants. “They realize it’s going to mean they’ll be getting new carts and a spiffier look.”

The new carts would cost up to $7,500 each. The city and vendors’ lawyers are negotiating an agreement that would provide financing. The vendors also will become part of the Downtown Santa Ana Business Assn. for the first time.

“That’s a good thing for them, because now they will have a voice,” Luna said.