TO: Honorable Mayor and Members of the City Council
FROM: Karl H. Berger, City Attorney
SUBJECT: Adoption of an Urgency Ordinance amending Bellflower Municipal Code (“BMC”) Chapter 5.28 regulating street vending in accordance with Government Code §§ 51306, et seq.; introduction and first reading of a Regular Ordinance doing the same.
DATE: June 13, 2022
EXECUTIVE SUMMARY
Chapter 5.28 of the Bellflower Municipal Code (“BMC”) regulates vending, peddling, selling and soliciting on public property. This Chapter was amended in 2019 to comply with Government Code §§ 51036, et seq. The proposed urgency and regular ordinance would add BMC § 5.28.080 to govern the impoundment of foods, goods, or merchandise that is either abandoned or offered for sale/rent by unpermitted persons. It is vital to public health and safety that this regulation become effective during Summer 2022.
RECOMMENDATION TO CITY COUNCIL
It is recommended that the City Council consider:
1) Adopt Urgency Ordinance No. 1415 adding a new § 5.28.080 to the BMC governing the impoundment of food, goods, or merchandise that is abandoned or offered for sale/rent by persons who do not possess a valid permit issued by the City;
2) Introduce and waive first reading of Ordinance No. 1416 adding a new § 5.28.080 to the BMC governing the impoundment of food, goods, or merchandi se that is abandoned or offered for sale/rent by persons who do not possess a valid permit issued by the City; or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There are no identifiable fiscal impacts associated with the proposed actions. Second reading and adoption of the regular Ordinance would occur at the first regular meeting in July.
DISCUSSION
The City first adopted its street vendor regulations in 1968. The BMC was then amended in 2014 and 2019 govern food vendor carts in the public right-of-way in accordance with Government Code §§ 51036, et seq. Those Government Code regulations generally
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1 Staff Report – Street Vending
June 13, 2022
DISCUSSION – Continued
decriminalized sidewalk vending and established various requirements for local regulation of sidewalk vendors.1
As the City continues to emerge from the COVID-19 Pandemic, it is apparent that public gatherings and use of public property will increase in size and frequency. This activity will intensify during the Summer months (ordinarily between Memorial Day and Lab or Day) while school is on recess and families enjoy the outdoors. A review of the BMC makes it apparent that a “tweak” is necessary to add regulations regarding impoundment of food, goods, or merchandise that is abandoned or offered for sale/rent by perso ns who fail to obtain the permits required by the BMC.
Because the proposed regular Ordinance, if adopted, would not take effect until August 2022, it is recommended that the City Council also adopt an Urgency Ordinance – which would take effect immediately – to protect public health and safety during the Summer months.
ATTACHMENTS
Urgency Ordinance No. 1415………………………………………………………………3
Regular Ordinance No. 1416……………………………………………………………….6
1 These sections do not impact the City’s regulation of food trucks and charitable solicitations, nor do they impact the State’s Retail Food Code.
2
CITY OF BELLFLOWER
ORDINANCE NO. 1415
AN URGENCY ORDINANCE ADDING SECTION 5.28.080 TO THE
BELLFLOWER MUNICIPAL CODE GOVERNING IMPOUNDMENT OF
FOOD, GOODS, OR MERCHANDISE THAT IS ABANDONED OR
OFFERED IN VIOLATION OF APPLICABLE LAW IN ACCORDANCE
WITH GOVERNMENT CODE §§ 51036, ET SEQ.
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and determines as follows:
A. In 2019, the City Council added regulations to the Bellflower Municipal Code (“BMC”) that implemented Government Code §§ 51036, et seq. affecting certain sidewalk vending and the City’s Sidewalk Vending Program;
B. As the COVID-19 Pandemic ends, and public gatherings again become more prevalent – particularly as Summer approaches – the City reviewed the Sidewalk Vending Program to ensure compliance with applicable law;
C. This Ordinance adds regulations regarding the impoundment of food, goods, or merchandise that may be abandoned or is offered by unlicensed persons utilizing public property in violation of the BMC;
D. Memorial Day (May 31, 2022) marks the traditional commencement of Summer. It is anticipated that persons subject to the Sidewalk Vending Program will be present in greater numbers on and around public property during the Summer months (traditionally Memorial Day to Labor Day);
E. It is imperative that the regulations implemented by this Ordinance be effective during the Summer months in order to protect public health and safety;
F. Because of the findings set forth above, the City Council finds that this Ordinance should be adopted on an urgency basis to preserve the public health, safety, and welfare in accordance with Government Code §§ 36934 and 36937(b).
SECTION 2. A new Section 5.28.080 is added to BMC Chapter 5.28 to read as follows:
“5.28.080. Impoundment.
A. The City Manager, or designee, may impound food, goods, or merchandise that is abandoned on public property or displayed, offered, or made available for rent or sale by a vendor who does not possess a valid permit issued pursuant to this chapter.
B. The City Manager, or designee, may immediately dispose of impounded materials that are perishable or cannot be safely stored in any reasonable manner.
C. The City Manager, or designee, may forfeit impounded materials from a vendor who has been found responsible for vending without required 3 City of Bellflower
Ordinance 1415
permits three or more times within a 24-month period. An aggrieved vendor may appeal a City forfeiture order pursuant to the procedures set forth in § 9.36.070.
D. The City Manager, or designee, may dispose of abandoned impounded materials in accordance with administrative policies and procedures that may be promulgated by the City Manager.
E. The City Council may by resolution adopt impound fees, which recoup reflect the City’s enforcement, investigation, storage and impound costs.
F. No person may retrieve impounded materials without paying applicable impound fees and demonstrating proper proof of ownership.”
SECTION 3. Environmental Assessment. The City Council finds that the Ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines §15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Adopting this Ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings. This Ordinance would not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.
SECTION 4. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the BMC or other regulation by this Ordinance will be rendered void and cause such BMC provision or other regulation to remain in full force and effect for all purposes.
SECTION 5. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 6. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 7. Preservation. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
4 City of Bellflower
Ordinance 1415
SECTION 8. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.
SECTION 9. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 10. Effective Date. This Ordinance will become effective immediately upon adoption pursuant to Government Code §§ 36934 and 36937 for the immediate preservation of the public peace, health, safety, and welfare. Pursuant to those statutes this Ordinance is adopted by four-fifths vote of the City Council.
ORDINANCE NO. 1415 WAS DULY PASSED, APPROVED, AND ADOPTED
BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF JUNE 13, 2022.
Ray Dunton, Mayor
Attest:
______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
______________________________
Karl H. Berger, City Attorney
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CITY OF BELLFLOWER
ORDINANCE NO. 1416
AN ORDINANCE ADDING SECTION 5.28.080 TO THE BELLFLOWER
MUNICIPAL CODE GOVERNING IMPOUNDMENT OF FOOD, GOODS,
OR MERCHANDISE THAT IS ABANDONED OR OFFERED IN
VIOLATION OF APPLICABLE LAW IN ACCORDANCE WITH
GOVERNMENT CODE §§ 51036, ET SEQ.
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and determines as follows:
A. In 2019, the City Council added regulations to the Bellflower Municipal Code (“BMC”) that implemented Government Code §§ 51036, et seq. affecting certain sidewalk vending and the City’s Sidewalk Vending Program;
B. As the COVID-19 Pandemic ends, and public gatherings again become more prevalent – particularly as Summer approaches – the City reviewed the Sidewalk Vending Program to ensure compliance with applicable law;
C. This Ordinance adds regulations regarding the impoundment of food, goods, or merchandise that may be abandoned or is offered by unlicensed persons utilizing public property in violation of the BMC.
SECTION 2. A new Section 5.28.080 is added to BMC Chapter 5.28 to read as follows:
“5.28.080. Impoundment.
A. The City Manager, or designee, may impound food, goods, or merchandise that is abandoned on public property or displayed, offered, or made available for rent or sale by a vendor who does not possess a valid permit issued pursuant to this chapter.
B. The City Manager, or designee, may immediately dispose of impounded materials that are perishable or cannot be safely stored in any reasonable manner.
C. The City Manager, or designee, may forfeit impounded materials from a vendor who has been found responsible for vending without required permits three or more times within a 24 month period. An aggrieved vendor may appeal a City forfeiture order pursuant to the procedures set forth in § 9.36.070.
D. The City Manager, or designee, may dispose of abandoned impounded materials in accordance with administrative policies and procedures that may be promulgated by the City Manager.
E. The City Council may by resolution adopt impound fees, which recoup reflect the City’s enforcement, investigation, storage and impound costs.
F. No person may retrieve impounded materials without paying applicable impound fees and demonstrating proper proof of ownership.” 6 City of Bellflower
Ordinance 1416
SECTION 3. Environmental Assessment. The City Council finds that the Ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines §15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Adopting this Ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings. This Ordinance would not result in any development or changes to the physical envir onment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.
SECTION 4. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the BMC or other regulation by this Ordinance will be rendered void and cause such BMC provision or other regulation to remain in full force and effect for all purposes.
SECTION 5. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 6. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 7. Preservation. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.
SECTION 9. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
7 City of Bellflower
Ordinance 1416
SECTION 10. Effective Date. This Ordinance will become effective on the 30th day following its passage and adoption.
ORDINANCE NO. 1416 HAD ITS FIRST READING ON JUNE 13, 2022, ITS SECOND READING ON _________, AND WAS DULY PASSED, APPROVED AND
ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF __________.
Ray Dunton, Mayor
Attest:
______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
______________________________
Karl H. Berger, City Attorney
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