Santa Clarita City Council
April 26, 2022

CITY OF SANTA CLARITA

CITY COUNCIL

REGULAR MEETING

Tuesday, April 26, 2022
6:00 PM
City Council Chambers
23920 Valencia Blvd.

Santa Clarita, CA 91355

AGENDA

Joint Meeting with
Board of Library Trustees

How to Address the City Council
Pursuant to Government Code section 54954.3 members of the public are afforded the opportunities to address the City Council. You may address the Council once per meeting during Public Participation on any matter within the Council's jurisdiction that is not listed on the agenda. Public Participation speaker's cards must be submitted to the City Clerk BEFORE this portion of the meeting begins. To address the Council regarding an item on the agenda, please fill out a speaker's card and submit it to the City Clerk BEFORE the Mayor announces the item.

Each person addressing the Council is given three minutes to speak (with double the time allotted to non-English speakers using a translator) indicated by a colored light system on the Council dais. If you wish to provide information to the Council, please present the City Clerk with 10 copies. Otherwise, your materials will simply be added to the official record. Please note use of City Council Chamber technology equipment to present electronic material during meetings is not allowed.
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, (661) 255-4391. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28CFR 35.102-35.104 ADA Title II)

Pursuant to Government Code 54957.5 any writings or documents distributed to a majority of the members of the City Council regarding any open session item on this agenda will be made available for public inspection in the City Clerk’s Office located at 23920 Valencia Boulevard, Suite 120, during normal business hours.
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INVOCATION
Gibbs

CALL TO ORDER

ROLL CALL

FLAG SALUTE

EXECUTIVE MEETING
This time has been set aside for Councilmembers to review the agenda and obtain any further information that may be needed. Council will also discuss each individual item during the course of the meeting with the exception of the Consent Calendar, which may be approved in its entirety by one motion, unless there is a request to pull an item for discussion. No action will be taken on public agenda items during the Executive Meeting.

APPROVAL OF AGENDA

AWARDS AND RECOGNITIONS
Red Dress Day Proclamation
National Therapy Animal Day Proclamation
Crime Victims’ Rights Week Proclamation
Municipal Clerks Week Proclamation

PUBLIC PARTICIPATION
This time has been set aside for the public to address the City Council on items NOT listed on the agenda. The City Council will not act upon these items at this meeting other than to review and/or provide direction to staff. All speakers must submit a speaker’s card to the City Clerk PRIOR to the beginning of this portion of the meeting. Thirty minutes are allotted for public input at this time. The FIRST TEN people to submit a speaker card prior to the beginning of Public Participation will be heard.

STAFF COMMENTS

COMMITTEE REPORTS/COUNCILMEMBER COMMENTS

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one motion by the City Council. The items are not individually discussed by the City Council unless a request is made by a member of the public or the Council, in which case, the item(s) will be removed from the Consent Calendar and will be considered separately.

1. APPROVAL OF SPECIAL MEETING MINUTES – The minutes of the City Council are submitted for approval.

RECOMMENDED ACTION:

City Council approve the minutes of the April 12, 2022 Special Meeting.

2. APPROVAL OF REGULAR MEETING MINUTES – The minutes of the City Council are submitted for approval.

RECOMMENDED ACTION:

City Council approve the minutes of the April 12, 2022 Regular Meeting.

3. CHECK REGISTER NO. 08 - Check Register No. 08 for the Period 03/11/22 through 03/24/22 and 03/31/22. Electronic Funds Transfers for the Period 03/14/22 through 03/25/22.

RECOMMENDED ACTION:

City Council approve and ratify for payment the demands presented in Check Register No. 08.

4. READING OF ORDINANCE TITLES - Government Code Section 36934 requires that all ordinances be read in full prior to Council taking action on the ordinance. By listing the ordinance title on the Council agenda, Council may determine that the title has been read.

RECOMMENDED ACTION:

City Council determine that the titles to all ordinances which appear on this public agenda have been read and waive further reading.

5. SECOND READING OF AN ORDINANCE CONCERNING COUNCILMEMBER COMPENSATION PER GOVERNMENT CODE SECTION 36516 - Government Code Section 36516(a) allows regular adjustments to the City Council compensation. The second reading of the ordinance increases Councilmember compensation by a total of 5 percent effective 2023. The last increase of Councilmember compensation was effective in 2021.

RECOMMENDED ACTION:

City Council conduct a second reading and adopt an ordinance entitled "AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 2.04.048 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING CITY COUNCIL SALARY."

6. AWARD CONTRACT FOR UV AIR DISINFECTION SYSTEMS - Award a contract for the purchase and installation of UV air disinfection systems on the City's local, commuter, and paratransit fleet.

RECOMMENDED ACTION:

City Council:

1. Award a contract to United Safety and Survivability Corporation for the purchase and installation of UV air disinfection systems on the City of Santa Clarita’s local, commuter, and paratransit fleet in the amount of $414,655, and authorize a 10 percent contingency in the amount of $41,466, for a total contract not to exceed $456,121.

2. Appropriate funds in the amount of $456,121 to expenditure account 7007402- 516101, increase Miscellaneous Federal Grants revenue account 700-442409 by $364,897, and increase Municipal Operator Service Improvement Program revenue account 700-442207 by $91,224.

3. Authorize the City Manager or designee to execute all contract documents, or modify the award in the event issues of impossibility of performance arise, subject to City Attorney approval.

7. AWARD CONTRACT TO CONNEXIONZ LTD. FOR THE LICENSE AND SUPPORT OF THE TRANSIT INFORMATION NETWORK - Award a contract to Connexionz Ltd. for the software licensing and support for the Transit Information Network
RECOMMENDED ACTION:

City Council:

1. Award a one-year contract in the amount of $148,175 to Connexionz Ltd. for software licensing and support of the City of Santa Clarita's Transit Information Network.

2. Authorize the City Manager or designee to execute a one-year extension in an amount not to exceed $150,087.

3. Authorize the City Manager or designee to execute all contract documents, or modify the award in the event that issues of impossibility of performance arise, subject to City Attorney approval.

8. SANTA CLARITA PERFORMING ARTS CENTER AT COLLEGE OF THE CANYONS AGREEMENT - A review of the agreement between the City of Santa Clarita and the Santa Clarita Community College District regarding the Santa Clarita Performing Arts Center at College of the Canyons.

RECOMMENDED ACTION:

City Council approve and authorize the City Manager or designee to execute a three-year agreement with the Santa Clarita Community College District for an amount not to exceed $80,000 per year for the Santa Clarita Performing Arts Center at College of the Canyons, from July 1, 2022, to June 30, 2025, subject to City Attorney approval.

9. NEWHALL FAMILY THEATRE FOR THE PERFORMING ARTS
AGREEMENT - A review of the agreement between the City of Santa Clarita and the Newhall School District regarding the Newhall Family Theatre for the Performing Arts at Newhall Elementary School.

RECOMMENDED ACTION:

City Council approve and authorize the City Manager or designee to execute a three-year agreement with the Newhall School District for an amount not to exceed to $75,000 for the Newhall Family Theatre for the Performing Arts, from July 1, 2022, to June 30, 2025, subject to City Attorney approval.

10. OPERATION OF THE CUBE - ICE AND ENTERTAINMENT CENTER - Amend the fiscal year 2021-2022 operating budget and contract with American Sports Entertainment Company and the Los Angeles Kings for operations of The Cube - Ice and Entertainment Center.

RECOMMENDED ACTION:

City Council:

1. Amend the current contract with American Sports Entertainment Company and the Los Angeles Kings for operations of the City of Santa Clarita Ice and Entertainment Center to revise the fiscal year 2021-2022 budgets, increasing revenue by $1,622,314 and expenditures by $583,396.

2. Authorize the City Manager or designee to modify the award over the course of the contract term with American Sports Entertainment Company and the Los Angeles Kings based on revenue actuals.

3. Increase recreational facility revenue accounts by $1,674,114 and appropriate $838,396 across recreational facility expenditure accounts per the attached exhibit A.

PUBLIC HEARINGS

11. FIRST READING OF AN ORDINANCE FOR THE OLD TOWN NEWHALL SPECIFIC PLAN UPDATE - A Specific Plan Amendment for the 2022 Old Town Newhall Specific Plan Update.

RECOMMENDED ACTION:

City Council:

1. Conduct the public hearing; and

2. Introduce and pass to a second reading an ordinance entitled: “AN ORDINANCE OF

THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE 21-089, CONSISTING OF SPECIFIC PLAN AMENDMENT 21-001, AMENDING THE OLD TOWN NEWHALL SPECIFIC PLAN, AS SHOWN IN EXHIBIT A.”

NEW BUSINESS

12. RESOLUTION TO SUPPORT THE RECALL OF LOS ANGELES COUNTY DISTRICT ATTORNEY GEORGE GASCON - At the March 22, 2022, regular City Council meeting, the City Council requested an item to consider adopting a resolution to support the recall of Los Angeles County District Attorney George Gascon at a future regular City Council meeting.

RECOMMENDED ACTION:

City Council to discuss and consider adopting a resolution to support the recall of Los Angeles County District Attorney George Gascon.

13. FIRST READING OF AMENDMENTS TO THE CITY'S MUNICIPAL CODE TO INCLUDE: AMENDING CHAPTER 11.37 (PEDDLERS, SIDEWALK VENDORS, AND SOLICITORS), AMENDING CHAPTER 14.02 (DEFINITIONS), AND CHAPTER 14.06 (PARKS AND PUBLIC PLACES RULES AND REGULATIONS) - This item will update sections Chapter 11.37 (Peddlers, Sidewalk Vendors, and Solicitors), Chapter 14.02 (Definitions), and Chapter 14.06 (Parks and Public Places Rules and Regulations) of the Santa Clarita Municipal Code, which are consistent with state law and deemed necessary for the preservation of Santa Clarita communities.

RECOMMENDED ACTION:

City Council:

1. Introduce and pass to second reading an ordinance entitled, “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 11.37 (PEDDLERS, SIDEWALK VENDORS, AND SOLICITORS) OF THE SANTA CLARITA MUNICIPAL CODE.”

2. Introduce and pass to second reading an ordinance entitled, “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 14.02 (DEFINITIONS) AND CHAPTER 14.06 (PARKS

AND PUBLIC PLACE RULES AND REGULATIONS) OF THE SANTA
CLARITA MUNICIPAL CODE.”

3. Authorize an increased spending authority of $30,000 to the Citywide security services contract with Select Patrol Agency, Inc., for security services related to the unpermitted vending pilot program, bringing the total not to exceed base annual contract inclusive of contingency to $751,807; and authorize a one-time appropriation of $30,000 from the General Fund Balance (Fund 100) to Community Preservation Contractual Services expenditure account 1003200-516101.

4. Authorize the City Manager or designee to execute all contracts, amendments, and associated documents, subject to City Attorney approval.

PUBLIC PARTICIPATION
This time has been set aside for any speakers that have turned in speaker cards and were not heard in the first thirty minutes allotted to address the City Council on items that are NOT on the agenda. Speaker cards may not be submitted relating to any items listed on the agenda.

STAFF COMMENTS

ADJOURNMENT

FUTURE MEETINGS
The next regular meeting of the City Council will be held May 10, 2022, at 6:00 PM in the Council Chambers, 1st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA.

CERTIFICATION
On April 21, 2022, I, Mary Cusick, do hereby certify that I am the duly appointed and qualified City Clerk for the City of Santa Clarita and that the foregoing agenda was posted at City Hall.

_____________________________
Mary Cusick
City Clerk
Santa Clarita, California

PROCLAMATION
Red Dress Day
May 5, 2022

WHEREAS, the SCV Red Dress Project was inspired by the original REDressProject; and

WHEREAS, the original REDress Project was created by a Canadian artist, Jamie Black in 2010; and

WHEREAS, the project was initiated in response to the missing and murdered Indigenous women epidemic in Canada and the United States; and

WHEREAS, the empty red dresses displayed on this day and as part of the Red Dress Project symbolize the death and absence of the women and girls who are victims of violence; and

WHERAS, violence against women and girls is a serious and violent social problem that exists in all economic segments of society, in all cultures, and in all countries of the world; and WHEREAS, the Zonta Club of Santa Clarita Valley is encouraging the community to act in promoting the human rights of woman, achieving gender equality, empowering women, and ending violence against women; and

WHEREAS, Red Dress Day is one of many campaigns that have started to call attention to the death and absence of the women and girls who are victims of violence.

NOW, THEREFORE, the City of Santa Clarita does herby proclaim May 5, 2022, as Red Dress Day and encourages all citizens to become aware of and strive to eliminate violence against women and girls.

Signed this 26th day of April, 2022.

_____________________________
Laurene Weste, Mayor
Santa Clarita, California
a
Packet Pg. 8
Attachment: Red Dress Day Proclamation - May 5.2022 (Red Dress Day Proclamation)

PROCLAMATION

National Therapy Animal Day
April 30, 2022

WHEREAS, there are thousands of Pet Partners therapy animal teams serving in communities across the United States; and

WHEREAS, Pet Partners has designated April 30 as National Therapy Animal Day; and

WHEREAS, Pet Partners therapy animal teams in the City of Santa Clarita play an essential role in improving human health and well-being through the human-animal bond; and

WHEREAS, Pet Partners therapy animal teams make millions of visits per year in settings such as hospitals, nursing homes, schools and hospice; and

WHEREAS, Pet Partners therapy animal teams interact with a variety of people in our community including veterans, seniors, patients, students facing literacy challenges and those approaching end of life; and

WHEREAS, these exceptional therapy animals who partner with their human companions bring comfort and healing to those in need.

NOW, THEREFORE, the City of Santa Clarita does hereby proclaim April 30, 2022, as National Therapy Animal Day.

Signed this 26th day of April, 2022

_______________________________________
Laurene Weste, Mayor
Santa Clarita, California

a
Packet Pg. 9
Attachment: National Therapy Animal Day 4.30.22 (National Therapy Animal Day Proclamation)

PROCLAMATION

National Crime Victims’ Rights Week
April 24 – 30, 2022

WHEREAS, millions of people in the United States are victims of crime every year. Whatever the crime, many victims lose something that can never be fully recovered: a sense of trust and safety; and

WHEREAS, since the passage of the Victims of Crime Act of 1984, and through the dedicated work of advocates, lawmakers, and victim service providers, there is a growing array of services and resources available to victims and their loved ones; and

WHEREAS, crime can leave a lasting impact on any person, regardless of age, national origin, race, creed, religion, gender, sexual orientation, immigration, or economic status; and

WHEREAS, serving victims and rebuilding their trust restores hope to victims and survivors; and

WHEREAS, engaging a broader array of healthcare providers, community leaders, faith organizations, educators and businesses can provide new links between victims and services that improve their safety, healing, and access to justice; and

WHEREAS, honoring the rights of victims, including the rights to be heard and to be treated with fairness, dignity, and respect, and working to meet their needs rebuilds their trust in the criminal justice and social service systems; and

WHEREAS, National Crime Victims’ Rights Week provides an opportunity to recommit to ensuring that accessible, appropriate, and trauma-informed services are offered to all victims of crime.

NOW, THEREFORE, the City of Santa Clarita does herby proclaim April 24-30, 2022, as Crime Victims’ Rights Week.

Signed this 26th day of April, 2022.

_____________________________
Laurene Weste, Mayor
Santa Clarita, California
a
Packet Pg. 10
Attachment: Crime Victims' Rights Week - April 24 – 30, 2022 (Crime Victims’ Rights Week Proclamation)

PROCLAMATION

WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and

WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and

WHEREAS, this May, Municipal Clerks Week will be celebrating its 53rd anniversary with a time of celebration and reflection of the Clerk’s Office; and

WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and

WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and

WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and

WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations; and

WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk.

NOW, THEREFORE, the City of Santa Clarita does herby proclaim May 1 – May 7, 2022, as Municipal Clerks Week and further extends appreciation to our Municipal Clerk, Mary Cusick, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.

Signed this 26th day of April, 2022.

Laurene Weste, Mayor
Santa Clarita, California
a
Packet Pg. 11
Attachment: PROCLAMATION - Municpal Clerks Week (Municipal Clerks Week Proclamation)

CITY OF SANTA CLARITA
City Council
Special Meeting
~Minutes~
Tuesday, April 12, 2022 5:00 PM City Council Chambers

CALL TO ORDER
Mayor Weste called to order the Special Meeting at 5:02 p.m.

ROLL CALL
All Councilmembers were present.

PUBLIC PARTICIPATION FOR AGENDIZED ITEMS
No requests to speak were received.

CLOSED SESSION
Joseph Montes, City Attorney, advised of the need to conduct a Closed Session for the purpose of holding a:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of case: Michael Cruz et al. v. City of Santa Clarita LASC Case No. 21STCV47451

RECESS TO CLOSED SESSION - TO BE HELD IN THE CENTURY ROOM Mayor Weste recessed the meeting to Closed Session at 5:02 p.m.

RECONVENE TO OPEN SESSION
Mayor Weste reconvened the meeting to Open Session at 5:45 p.m.

CITY ATTORNEY ANNOUNCEMENT
City Attorney Joseph Montes introduced Kahn Scolnick of Gibson Dunn, one of the lawyers representing the City of Santa Clarita in the California Voting Rights Act matter, who made the following announcement:

Good evening. I’m Kahn Scolnick. I’m one of the lawyers who represents the City in a lawsuit filed last December in the Los Angeles Superior Court by Neighborhood Elections Now, Michael Cruz, and Sabastian Cazares. The City Council just met in closed session to consider a proposed settlement of that lawsuit, and the Council approved the settlement. 1 Packet Pg. 12
Minutes Acceptance: Minutes of Apr 12, 2022 5:00 PM (Consent Calendar)

I’m here to explain why the City reached that decision and what the settlement means for voters.

The lawsuit alleges a single claim for a violation of the California Voting Rights Act, or CVRA.

The plaintiffs want the City to stop using the at-large method of electing its Council, in which voters have a say in electing all five members of that Council regardless of where in the City they live. The plaintiffs argue that at-large elections dilute the voting power of Latino voters.

Instead, plaintiffs want the City to adopt district-based elections-in other words, to carve the City into five districts and to give voters a say only on the lone Councilmember who will represent their individual district.

I want to be clear about why the City is settling this suit. It’s not because the Councilmembers believe that at-large elections are diluting Latino voting power, or that district-based elections would improve Latino voting power or otherwise help the City. The Councilmembers all prefer the current at-large system because it encourages candidates and elected officials to respond to the needs of the entire City, not just one small corner of it.

The reason the City is settling is because CVRA lawsuits like this one are hard to win, and, win or lose, they’re extremely expensive to litigate. That’s why the vast majority of these cases settle-hundreds of cities and other government entities have settled CVRA cases since 2001 and have switched to district-based elections voluntarily. In fact, almost all other agencies and municipalities in the Santa Clarita valley have switched to districts because of threats of CVRA lawsuits.

No city has won a CVRA trial before; I represent the City of Santa Monica in another case, and although we were able to win reversal of the trial court’s adverse judgment in the intermediate appellate court, the California Supreme Court decided to take up the case. It has yet to issue a decision. That case started in 2016 and still hasn’t been resolved. It might not be resolved even after the California Supreme Court hears oral argument and issues an opinion.

Only a few cities have even taken a case like this one to trial. They spent millions on their defense costs and, because they lost, were also on the hook for the attorneys’ fees and the expert fees of the plaintiffs. For example, the City of Palmdale had to pay about $4.6 million in fees to plaintiffs’ counsel after losing a CVRA trial, on top of the fees that city paid its own lawyers.

More recently, the City of Santa Clara agreed to pay $4.5 million in fees to plaintiffs’ lawyers after losing a CVRA case and paying more roughly $1.5M to its own lawyers. And in the case against Santa Monica, after plaintiffs won the trial, they asked the court to award them nearly $22M in fees and costs.

Your City Council doesn’t want to spend the next six-plus years fighting this lawsuit. They don’t want to be distracted by it, and they don’t want to spend your tax dollars paying people like me to fight the case, especially because it might be hard to win anyway-so there’s a big risk of being ordered to pay the plaintiffs’ attorneys too. And if the case goes forward and the City loses, the City would have less control over possible remedies than it would with a settlement.

So to avoid the anticipated expense and uncertainty associated with a trial and appeal, and to have control over any changes that will be made to the City’s election process, a settlement 1 Packet Pg. 13
Minutes Acceptance: Minutes of Apr 12, 2022 5:00 PM (Consent Calendar)

agreement has been negotiated with the plaintiffs, and it was approved tonight by the City Council in closed session in a 4-1 vote, with Councilmember McLean as the dissenting vote.

The settlement takes the form of a proposed consent decree that will be submitted to the court as a proposed order in the next few days. Copies of the proposed consent decree will be made available to the public as soon as tomorrow, once it is fully signed by all parties and counsel.

Copies of this statement will also be made available.

Here are the key points:
- First, the City will switch from at-large elections to district-based elections, with five districts.

This means that each voter will have only one vote and will be able to choose only a candidate running in that voter’s district.
- Second, the City won’t make the switch until November 2024. So the November 2022 election will be just like past elections; each voter will be able to cast up to three votes and will be able to vote for any of the candidates.

- Third, in the November 2024 election, there will be two district seats up for election-if you live in one of those districts, you’ll be able to vote in November 2024 and can vote for a candidate who’s running in your districts. The other three districts will be up for election in November 2026.
- Fourth, districts aren’t necessarily forever. They will be used at least through the 2030 election. After that, if residents wish to return to an at-large system, they may do so, but they would run the risk of another CVRA lawsuit.
- Fifth, the City is going to develop a district map by working with the plaintiffs and their lawyer and, more importantly, by listening to and incorporating the views of residents. There will be two hearings after the November 2022 election to fine-tune a district map. The City welcomes everyone’s participation in those hearings and will take seriously every resident’s views about how the district lines should be drawn.
- Sixth, the plaintiffs are releasing any other election-related claims they might have. And the map will be drawn in such a way to prevent anyone else from suing under either California or federal law. Avoiding further litigation will protect taxpayer dollars and allow them to be spent on worthier projects.
- Seventh, the City is not admitting any liability.
- And finally, the City will pay plaintiffs’ counsel a total of $370,000 for all of their work on this case, including any future work in developing the maps next year; this also covers other costs like expert fees. As I said before, this is a far lower sum than what the City might have been ordered to pay if it fought this lawsuit and lost.
1 Packet Pg. 14
Minutes Acceptance: Minutes of Apr 12, 2022 5:00 PM (Consent Calendar)

I’ll conclude by saying that although the City disagrees with the plaintiffs and their lawyer about the merits of district-based elections and their lawsuit, the City is nevertheless committed to working together to come up with the best districts it possibly can. To that end, I again emphasize that we welcome public participation in the drawing of the districts, which will happen after the November 2022 election.

Mayor Weste thanked Counsel for the announcement and invited Council comments.

Councilmember Smyth stated that he did not agree to the decision to settle the lawsuit because it was the desired outcome, but rather it was the best decision the Council could make under the circumstances.

Councilmember Miranda stated that the odds of the City winning the lawsuit were too low for him to consider risking a major financial loss of public funds, which could have been in excess of $10,000,000, and commented on his concerns of the effects on the Latino community.

Mayor Pro Tem Gibbs expressed the difficulty he and the Council faced when making the decision to settle the lawsuit knowing that it was not anyone's preference to do so and commented on the assumption that all voters in a minority protected class would vote the same way; and stated the current Council would continue to serve everyone.

Councilmember McLean agreed with her colleagues’ statements and explained that she chose to officially vote against it because she could not stand to say "yes" to it. She said this decision was not about giving residents a benefit, but about money and a certain level of politics. She expressed frustration with the prospect of districting preventing someone of Latino heritage but living outside of the Latino district being unable to vote for a Latino candidate if they desired.

Mayor Weste described the day as the toughest day in the City's history and that the decision made by the Council was the only responsible conclusion; however, the Council will remain cohesive and will represent all community members regardless of district.

ADJOURN
Mayor Weste adjourned the Special Meeting at 6:10 p.m.
______________________________________
MAYOR
ATTEST:
______________________________________

CITY CLERK
1 Packet Pg. 15
Minutes Acceptance: Minutes of Apr 12, 2022 5:00 PM (Consent Calendar)

CITY OF SANTA CLARITA
City Council
Regular Meeting
Joint Meeting with
Board of Library Trustees
Hereinafter the titles Mayor, Mayor Pro Tem, Councilmember, City Manager, City Attorney, and City Clerk may be used also to indicate Mayor/Chair/President, Mayor Pro Tem/Vice-Chair/Vice President, City Manager/Executive Director, City Attorney/Counsel, and City Clerk/Secretary ~Minutes~
Tuesday, April 12, 2022 6:00 PM City Council Chambers

INVOCATION
Councilmember Smyth delivered the invocation.

CALL TO ORDER
Mayor Weste called to order the Joint Regular meeting of the City Council and Board of Library Trustees at 6:26 p.m.

ROLL CALL
All Councilmembers were present.

FLAG SALUTE
Councilmember Smyth led the flag salute.

EXECUTIVE MEETING
This time has been set aside for Councilmembers to review the agenda and obtain any further information that may be needed. Council will also discuss each individual item during the course of the meeting with the exception of the Consent Calendar, which may be approved in its entirety by one motion, unless there is a request to pull an item for discussion. No action will be taken on public agenda items during the Executive Meeting.

APPROVAL OF AGENDA
Motion by Smyth, second by Gibbs, to approve the agenda, pulling items 5 and 9 for public comments.

Hearing no objections, it was so ordered.

RESULT: APPROVED AGENDA
2 Packet Pg. 16
Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Consent Calendar)

AWARDS AND RECOGNITIONS
Addressing the Council were Santa (no last name given) on DMV/Donate Life California Month and Arbor Day; and Diane Zimmerman on new City developments and use of resources.

Mayor Pro Tem Gibbs spoke of raising awareness and support for those living with Parkinson's disease, announced that the City proclaims April 2022 as Parkinson's Awareness Month, and invited Sarah Osborne, Associate Director of Community Programs at the Parkinson's Foundation to the dais to receive the proclamation.

Councilmember McLean addressed the critical need for organ donors, announced that the City proclaims April 2022 as DMV/Donate Life California Month, and invited organ recipients Richard Aidem and Kelly Seidenlranz to receive the proclamation.

Councilmember Smyth remarked on the City being named Tree City USA for the 32nd consecutive year by the Arbor Day Foundation, announced that the City proclaims April 29, 2022, as Arbor Day, and invited Ian McBride from the California Department of Forestry and Fire Protection to present the City with the award.

Mayor Weste discussed the many volunteers and hours they worked during 2021, recognized Katherine Lynn Turner, Candace Ford, Betty Kelly, Michael Lopez, and Jordan Maertz, who have qualified for the President's Volunteer Service Award for their service in 2021, and announced that the City proclaims April 17 - 23, 2022, as National Volunteers Week in Santa Clarita.

PUBLIC PARTICIPATION
Addressing the Council were Stacey Titter regarding the The Cube Ice and Entertainment Center; Leigh Ann Dunleavy regarding The Cube Ice and Entertainment Center; Grace Elliott regarding Camp Scott; Missy (no last name given) regarding re-districting and the Human Relations Roundtable; Elaine Ballace regarding diversity; Denise Lite regarding the CVRA lawsuit; Michelle Wells regarding Camps Scott and Scudder; Cindy Josten regarding Los Angeles District Attorney George Gascon; Diane Zimmerman regarding the Human Relations Roundtable.

COMMITTEE REPORTS/COUNCILMEMBER COMMENTS
Councilmember Miranda had no comments.

Mayor Pro Tem Gibbs reported that due to state legislature, conducting sidewalk vending is challenging but that staff is working hard to find ways in which it can still be conducted safely; commented that he hosted a Boy Scout Troop from Castaic in Council Chambers; commented that the Human Relations Roundtable is a committee, which is not subject to the same Brown Act requirements as a commission; and asked staff to consider leaving the Roundtable meetings open for public attendance.

Councilmember Smyth sought information regarding public participation at the last Roundtable meeting, and Director of Recreation and Community Services Janine Prado gave an overview of 2 Packet Pg. 17
Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Consent Calendar)

the Human Relations Roundtable and spoke about some recent activities in which the Roundtable has been involved.

Councilmember McLean reported that she and City staff hosted the Regional Director of the California High-Speed Rail Authority Project on a tour of areas where they are proposing construction and that project has soared to a cost of over $100 billion; commented that the project was originally planned through Newhall and Sand Canyon, causing a school and a church to close, but the City was able to deter those efforts; commented certain legislators continue to spend the tax payer’s money for the project, but there is nothing to show for it; spoke of the North County Transportation Coalition JPA web meeting on April 11, 2022, and lack of north county safety improvements along the 14 freeway through highway 138; mentioned short-term fixes planned by Caltrans and future meetings with Metro in order to complete the environmental studies and begin applying for grants; and spoke of Camps Scott and Scudder, and the lack of efforts by several members of the Board of Supervisors to improve the conditions for the inmates and staff or safety of the residents in the surrounding areas.

Mayor Weste reported she participated in a helicopter tour with Congressman Mike Garcia, which was supported by the National Parks Committee; and added that the Rim of the Valley Quarter Preservation Act helps preserve the Santa Monica Mountains and the San Gabriel Mountains with connections to the Santa Susana Mountains; reported that she recently visited the Mitchell River House and that it is available for use by the public; spoke about the war in Ukraine; urged Santa Clarita residents to support the effort to recall Los Angeles County District Attorney George Gascon; and requested adjournment in the name of Robert Crockett.

CONSENT CALENDAR
Council agreed to amend item 5, modifying salary increase to 2.5 percent per year, non- compounded.

RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Miranda, Councilmember
SECONDER: Marsha McLean, Councilmember
AYES: Weste, Gibbs, McLean, Miranda, Smyth
ITEM 1
APPROVAL OF SPECIAL MEETING MINUTES – The minutes are submitted for approval.

RECOMMENDED ACTION: City Council approve the minutes of the March 22, 2022, Special Meeting.

ITEM 2
APPROVAL OF REGULAR MEETING MINUTES – The minutes are submitted for approval.

RECOMMENDED ACTION: City Council approve the minutes of the March 22, 2022, Regular Meeting.

Addressing the Council was Missy (no last name given); and Diane Zimmerman. 2 Packet Pg. 18
Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Consent Calendar)

ITEM 3
CHECK REGISTER NO. 07
Check Register No. 07 for the Period 02/25/22 through 03/10/22 and 03/17/22. Electronic Funds Transfers for the Period 02/28/22 through 03/11/22.

RECOMMENDED ACTION:

City Council approve and ratify for payment the demands presented in Check Register No. 07.

ITEM 4

READING OF ORDINANCE TITLES
Government Code Section 36934 requires that all ordinances be read in full prior to Council taking action on the ordinance. By listing the ordinance title on the Council agenda, Council may determine that the title has been read.

RECOMMENDED ACTION:

City Council determine that the titles to all ordinances which appear on this public agenda have been read and waive further reading.

Addressing the Council was Santa Rivera.

ITEM 5

FIRST READING OF AN ORDINANCE CONCERNING COUNCILMEMBER
COMPENSATION PER GOVERNMENT CODE SECTION 36516
Government Code Section 36516(a) allows regular adjustments to the City Council compensation. City Council to consider Councilmember compensation increase to be effective 2023. The last increase of Councilmember compensation was effective in 2021.

RECOMMENDED ACTION:

City Council introduce and pass to second reading an ordinance entitled "AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 2.04.048 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING CITY COUNCIL SALARY."
Addressing the Council were Diane Zimmerman; Missy (no last name given); Steve Petzold; Elaine Ballace; Diane Zimmerman; and Santa Rivera.

City Manager Ken Striplin remarked that the purpose of waiving the reading of ordinance titles is for meeting efficiency and not to limit public engagement; stated that the City Council is compensated pursuant to Government Code, any increase would not apply until after the election, and that the Councilmembers work far longer hours than that of a part-time job.

Mayor Weste stated that she spends between 30-50 hours per week as a member of the Council and that she was willing to accept a 2.5 percent increase.

Councilmember McLean stated that she dedicates at least 50 hours per week as a member of the Council and considers it a full-time job and that she is dedicated to providing as many services as possible and bringing in as much revenue as possible.
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Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Consent Calendar)

Councilmember Smyth stated that he was ambivalent about the amount of the increase.

Council concurred to reduce the increase to 2.5 percent per year, not compounded, as part of the consent vote.

ITEM 6

AWARD CONTRACT FOR PROFESSIONAL AUDITING SERVICES
Award auditing services contract for Fiscal Years 2021-22, 2022-23, and 2023-24.

RECOMMENDED ACTION:

City Council:

1. Award a three-year contract for Auditing Services to The Pun Group, LLP, for $379,763, with an option for two one-year renewals not to exceed the annual bid amount plus an adjustment in compensation consistent with the appropriate Consumer Price Index.

2. Authorize the City Manager or designee to execute all contracts and associated documents, subject to City Attorney approval. Authorize the City Manager to execute up to two annual renewal options not to exceed $129,945, plus an adjustment in compensation consistent with the appropriate Consumer Price Index.

3. Appropriate on-going funds in the amount of $22,500 from the General Fund (Fund 100) to Accounting Professional Services expenditure account 1002101-516102.

Addressing the Council was Oscar (no last name given).

ITEM 7

RESOLUTION AUTHORIZING APPLICATION FOR AND RECEIPT OF STATE TRANSIT

ASSISTANCE FUNDS
Consideration of a resolution allowing the City Manager or designee to submit an annual claim to the Los Angeles County Metropolitan Transportation Authority for State Transit Assistance Funds.

RECOMMENDED ACTION:

City Council adopt a resolution allowing the City Manager or designee to submit an annual claim to the Los Angeles County Metropolitan Transportation Authority for State Transit Assistance funds.

Adopted Resolution No. 22-7
ITEM 8
APPROVAL OF PARCEL MAP 83626 - TOURNEY PLAZA
Pursuant to Section 66474.1 of the Subdivision Map Act, approve parcel map for Parcel Map No. 83626 - Tourney Plaza.

RECOMMENDED ACTION:

City Council:
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Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Consent Calendar)

1. Approve parcel map for Parcel Map No. 83626.

2. Make findings as follows: This project is consistent with the provisions of Sections 66474 and 66474.1 of the Subdivision Map Act and should be approved.

3. Instruct the Director of Administrative Services to endorse the Special Assessment Statement on the face of the parcel map for Parcel Map No. 83626, which indicates all special assessments levied by the City of Santa Clarita are paid.

4. Instruct the City Clerk to endorse the City Clerk’s Statement on the face of the parcel map for Parcel Map No. 83626, which embodies the approval of said map.

5. Instruct the City Surveyor to endorse the City Surveyor’s Statement on the face of the parcel map for Parcel Map No. 83626, which provides for verification that the map is technically correct.

6. Instruct the City Engineer to endorse the City Engineer’s Statement on the face of the parcel map for Parcel Map No. 83626, which provides for verification of substantial conformance with the tentative parcel map and all provisions of local ordinances and state laws applicable at the time of approval.

ITEM 9
SANTA CLARITA ROLLER SKATING RINK, PROJECT P3034 - AWARD DESIGN

CONTRACT
This project will design the Santa Clarita Roller Skating Rink, located at the Santa Clarita Sports Complex.

RECOMMENDED ACTION:

City Council:

1. Award a design contract to Anil Verma Associates, Inc., to design the Santa Clarita Roller Skating Rink, Project P3034, in the amount of $323,800 and authorize a contingency in the amount of $32,380, for a total contract amount not to exceed $356,180.

2. Appropriate one-time funds in the amount of $150,000 from the American Rescue Plan Act Fund (Fund 228) to expenditure account P3034228-516101.

3. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval.

Addressing the Council were Missy (no last name given); Cindy Josten; Patty Assaiante representing Skate Mamas; Steve Petzold; Elaine Ballace; Rebecca Swint; Diane Zimmerman; and Kelly Tomlin representing SCV Skate Mamas.

City Manager Ken Striplin stated that the roller skating rink has been talked about for years and is part of the Santa Clarita 2025 plan.
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Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Consent Calendar)

ITEM 10
TAX-SHARING RESOLUTIONS FOR SANITATION DISTRICT, ANNEXATION NOS. 1107 AND 1108
The Santa Clarita Valley Sanitation District (District) provides wastewater treatment services within the District's service area. To provide wastewater treatment service to properties located outside the District's service area, the boundary must be expanded through the annexation process.

RECOMMENDED ACTION:

City Council:

1. Adopt the Santa Clarita Valley Sanitation District's resolutions approving and accepting the negotiated exchange of property tax revenues resulting from Santa Clarita Valley Sanitation District Annexation Nos. 1107 and 1108.

2. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval.

Adopted Resolution Nos. 22-8, 22-9, 22-10, 22-11, and 22-12 ITEM 11

RENEW CONTRACTS FOR BUILDING PLAN REVIEW, BUILDING INSPECTION, AND

PERMIT-RELATED PROFESSIONAL SERVICES
Renew contracts for JAS Pacific, Scott Fazekas & Associates, Interwest Consulting Group, and TRB and Associates for building plan review, building inspection, and permit-related professional services.

RECOMMENDED ACTION:

City Council:

1. Approve one-year contract renewals for JAS Pacific, Scott Fazekas & Associates, Interwest Consulting Group, and TRB and Associates for building plan review, building inspection, and permit-related professional services for a combined total annual amount not to exceed $500,000, effective Fiscal Year 2022-23.

2. Authorize the City Manager or designee to execute all contracts and associated documents, contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year, subject to City Attorney approval.
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Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Consent Calendar)

ITEM 12
2021-22 OVERLAY AND SLURRY SEAL PROGRAM AND 2021-22 SUPPLEMENTAL OVERLAY AND SLURRY SEAL PROGRAM, PROJECTS M0144 AND M0145 - APPROVE

PLANS AND SPECIFICATIONS AND AWARD CONSTRUCTION CONTRACTS The annual overlay and slurry seal projects are an integral part of the City’s pavement management program. Each year, streets are evaluated and identified for needed pavement preservation and rehabilitation treatments.

RECOMMENDED ACTION:

City Council:

1. Approve plans and specifications for the 2021-22 Overlay A project, Project M0144.

2. Approve plans and specifications for the 2021-22 Overlay B project, Project M0144.

3. Approve plans and specifications for the 2021-22 Slurry Seal project, Project M0144.

4. Award the 2021-22 Overlay A construction contract to C.A. Rasmussen, Inc., in the amount of $7,935,674 for base bid and alternate four construction, and authorize a contingency in the amount of $793,567, for a total contract amount not to exceed $8,729,241.

5. Award the 2021-22 Overlay B construction contract to Toro Enterprises, Inc., in the amount of $8,569,436 for base bid and alternates one through four construction, and authorize a contingency in the amount of $856,944, for a total contract amount not to exceed $9,426,380.

6. Award the 2021-22 Slurry Seal construction contract to Pavement Coatings Co. in the amount of $2,042,516 for base bid and alternate five construction, and authorize a contingency in the amount of $204,253, for a total contract amount not to exceed $2,246,769.

7. Award a professional services contract to Twining, Inc., to provide project inspection, materials testing, and construction management support services for the Overlay A, Overlay B, and Slurry Seal projects in the amount of $1,293,710 for base bid and alternate services, and authorize a contingency in the amount of $129,371, for a total amount not to exceed $1,423,081.

8. Award a professional services contract to PSOMAS to provide professional survey, monument preservation, and restoration services for Overlay A, Overlay B, and Slurry Seal projects for a total contract amount not to exceed $326,525.

9. Award a professional services contract to FCG Consultants, Inc., to provide staff augmentation services for construction support for the Overlay A, Overlay B, and Slurry Seal projects, for a total contract amount not to exceed $200,000.

10. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval.
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Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Consent Calendar)

PUBLIC HEARINGS
ITEM 13

ADJUST CONSOLIDATED FIRE PROTECTION DISTRICT DEVELOPER FEE Consolidated Fire Protection District developer fees pay for the cost of fire stations, related fire protection improvements, and fire apparatuses. The resolution would adjust developer fees by $0.1196 per square foot for fire protection facilities in keeping with the latest Los Angeles County Development Fee Schedule adopted by the Los Angeles County Board of Supervisors and required under the Developer Fee Detailed Fire Station Plan.

RECOMMENDED ACTION:

City Council conduct a public hearing and adopt a resolution to adjust the Consolidated Fire Protection District developer fee from $1.3120 per square foot to $1.4316 per square foot in accordance with the Developer Fee Agreement between the City of Santa Clarita and the Consolidated Fire Protection District of Los Angeles County.

Mayor Weste opened the Public Hearing.

City Clerk Mary Cusick stated that all notices required by law have been provided.

Acting Assistant Fire Chief Nick Berkuta provided the staff presentation.

No requests to speak were received.

Mayor Weste closed the public comments.

Council thanked the Chief for keeping the City safe.

Adopted Resolutions No. 22-13
RESULT: APPROVED [UNANIMOUS]
MOVER: Marsha McLean, Councilmember
SECONDER: Jason Gibbs, Mayor Pro Tem
AYES: Weste, Gibbs, McLean, Miranda, Smyth

PUBLIC PARTICIPATION II
Addressing the Council were Nancy (no last name given) regarding the Human Relations Roundtable; Steve Petzold regarding re-districting and the Human Relations Roundtable; Rebecca Swint regarding single-use plastics; Karen Widman regarding Camp Scott; Santa Rivera regarding the FivePoint development, The Cube Ice and Entertainment Center, and Senate bills; and Jasmine Breitbach regarding the Constitution and the Teachers Union.

Mayor Weste commented that the City does not have control over matters west of the I-5 freeway and that FivePoint was approved through a decision made by the California Supreme Court; and commented that structures will never be built on the City Open Space, as it was voted on to remain permanently open.
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Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Consent Calendar)

ADJOURNMENT
Mayor Weste adjourned the Regular Meeting in memory of Robert Dale Crockett at 9:11 p.m. ______________________________________
MAYOR
ATTEST:
______________________________________

CITY CLERK
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Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Consent Calendar)

Agenda Item: 3

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: April 26, 2022
SUBJECT: CHECK REGISTER NO. 08
DEPARTMENT: Administrative Services
PRESENTER: Brittany Houston

RECOMMENDED ACTION

City Council approve and ratify for payment the demands presented in Check Register No. 08.

BACKGROUND

Check Register No. 08 for the Period 03/11/22 through 03/24/22 and 03/31/22 in the aggregate amount of $3,791,212.43 inclusive of Electronic Funds Transfers for the Period 03/14/22 through 03/25/22 in the aggregate amount of $645,772.25.

FISCAL IMPACT

No Fiscal Impact.

ATTACHMENTS
Memo - Check Register No. 08
Check Register No. 08 (available in the City Clerk's Reading File) 3 Packet Pg. 26

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Attachment: Memo - Check Register No. 08 (Check Register No. 08)

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Attachment: Memo - Check Register No. 08 (Check Register No. 08)

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Attachment: Memo - Check Register No. 08 (Check Register No. 08)

Agenda Item: 4

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: April 26, 2022
SUBJECT: READING OF ORDINANCE TITLES
DEPARTMENT: Administrative Services
PRESENTER: Mary Cusick

RECOMMENDED ACTION

City Council determine that the titles to all ordinances which appear on this public agenda have been read and waive further reading.

BACKGROUND
Government Code Section 36934 requires that all ordinances be read in full prior to Council taking action on the ordinance. By listing the ordinance title on the Council meeting agenda, Council may determine that the title has been read. In addition, by placing an item on the Consent Calendar to waive further reading of all ordinances whose titles appear on the public agenda, the reading requirement set forth in the Government Code is satisfied once Council approves the Consent Calendar item.

This provides an opportunity to streamline the process and shorten Council meetings and is in compliance with the Government Code regarding the introduction and adoption of ordinances.

ALTERNATIVE ACTION

The City Attorney or City Clerk would read aloud all ordinance titles prior to Council introducing or adopting any ordinance.

FISCAL IMPACT

None by this action.
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Agenda Item: 5

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: April 26, 2022
SUBJECT: SECOND READING OF AN ORDINANCE CONCERNING

COUNCILMEMBER COMPENSATION PER GOVERNMENT CODE
SECTION 36516
DEPARTMENT: City Manager's Office
PRESENTER: Kenneth W. Striplin

RECOMMENDED ACTION

City Council conduct a second reading and adopt an ordinance entitled "AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 2.04.048 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING CITY COUNCIL SALARY."

BACKGROUND

At the regular meeting of the City Council of April 12, 2022, the City Council introduced an ordinance concerning City Councilmember salary. City Council approved an alternative action reducing salary adjustment from 5 percent per year to 2.5 percent per year for a total of 5 percent. City Council passed the ordinance to a second reading.

Members of the Santa Clarita City Council are compensated monthly by the City of Santa Clarita (City), under specific provisions of state law, for the substantial amount of time and effort they contribute leading our local government. In addition to participating in regular meetings, City Councilmembers represent the City on regional and statewide boards, commissions, and organizations. Councilmembers also participate in a wide variety of community events and meet with constituents on issues of concern to residents of the City.

Government Code Section 36516(a) sets forth basic provisions which allow regular adjustments to the City Council compensation. Government Code Section 36516.5 requires City Council compensation adjustments be adopted by the present City Council to be effective after a future City Council election. The Government Code also provides for Councilmember compensation to be increased up to 5 percent for each calendar year from the effective date of the last salary adjustment.
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On January 1, 2021, Councilmember compensation was increased to $2,217.41 per month. This increase was equal to 2.5 percent per year for the calendar years 2017, 2018, 2019, and 2020.

This compensation increase was less than the 5 percent per year allowed by Government Code.

The City Council has not received a salary adjustment since January 1, 2021, and the earliest the next increase can be effective is January 1, 2023.

Consistent with the Government Code, Councilmember compensation may be reviewed for consideration of a salary adjustment anytime prior to the November 2022 election. A salary adjustment is approved for a total pay increase of 2.5 percent (not compounded) for the calendar years, 2021 and 2022, for a total increase of 5 percent, to go into effect January 1, 2023 or after the November 2022 election results are certified by the Los Angeles County Registrar Recorder and the Santa Clarita City Clerk, whichever date is later.

The approved monthly salary adjustment is as follows:

Current salary Approved Salary
$2,217.41 $2,328.28

ALTERNATIVE ACTION

Other action as determined by the City Council.

FISCAL IMPACT

The maximum budget impact would be $110.87 per month per Councilmember or an annual increase to the City budget of $6,652.20 for all five Councilmembers. The annual percent change for the Consumer Price Index (CPI) for the Los Angeles Area since the last Council salary adjustment is 7.5 percent for January 2022.

ATTACHMENTS
Ordinance - Council Compensation effective 2023
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ORDINANCE NO. 22-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, AMENDING SECTION 2.04.048

OF THE SANTA CLARITA MUNICIPAL CODE

CONCERNING CITY COUNCIL SALARY

THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. That Section 2.04.048 is amended to read as follows:
"2.04.048 City Council Salaries
The salary for City Councilmembers shall be increased as provided for in Government Code Section 36516 from the amount of $2,217.41 to $2,328.28 per month effective on January 1, 2023 or after the November 2022 election results are certified by the Los Angeles County Registrar Recorder and the Santa Clarita City Clerk, whichever date is later. This salary increase represents a total pay increase of 2.5 percent (not compounded) for the calendar years 2021 and 2022, for a total increase of 5 percent. Such salary shall be payable on a monthly basis and in the same manner as salaries are paid to other officers and employees of the City of Santa Clarita."

SECTION 2. This ordinance shall take effect as set forth in Government Code section 36937, but the date set forth in section 2.04.048 reflects that the change in salary will not apply to any Councilmembers during their current term of office. Instead it shall apply after one or more members of the council has become eligible for such change in salary by virtue of commencing a new term of office, at which time it shall apply to all Councilmembers.

SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law.

PASSED, APPROVED, AND ADOPTED this 26 day of April 2022.

______________________________
MAYOR
ATTEST:

CITY CLERK

DATE:________________________

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Attachment: Ordinance - Council Compensation effective 2023 (SECOND READING OF AN ORDINANCE CONCERNING COUNCILMEMBER

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SANTA CLARITA )

I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 22- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of April 2022. That thereafter, said ordinance was duly passed and adopted at a regular meeting of the City Council on the 26th day of April 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 22- and was published in The Signal newspaper in accordance with State Law (G.C. 40806).

______________________________

CITY CLERK

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Attachment: Ordinance - Council Compensation effective 2023 (SECOND READING OF AN ORDINANCE CONCERNING COUNCILMEMBER

Agenda Item: 6

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: April 26, 2022
SUBJECT: AWARD CONTRACT FOR UV AIR DISINFECTION SYSTEMS DEPARTMENT: Neighborhood Services
PRESENTER: Adrian Aguilar

RECOMMENDED ACTION

City Council:

1. Award a contract to United Safety and Survivability Corporation for the purchase and installation of UV air disinfection systems on the City of Santa Clarita’s local, commuter, and paratransit fleet in the amount of $414,655, and authorize a 10 percent contingency in the amount of $41,466, for a total contract not to exceed $456,121.

2. Appropriate funds in the amount of $456,121 to expenditure account 7007402-516101, increase Miscellaneous Federal Grants revenue account 700-442409 by $364,897, and increase Municipal Operator Service Improvement Program revenue account 700-442207 by $91,224.

3. Authorize the City Manager or designee to execute all contract documents, or modify the award in the event issues of impossibility of performance arise, subject to City Attorney approval.

BACKGROUND

To help combat the spread of COVID-19, the Centers for Disease Control and Prevention recommends a layered approach to disinfect crowded public spaces, including public transportation vehicles. One highly effective strategy is the application of ultraviolet (UV) air disinfection systems, which are capable of killing 99.9 percent of viruses and bacteria in enclosed spaces.

The City of Santa Clarita's (City) local, commuter, and paratransit transit fleet is composed of 119 buses, whose riders can benefit from this additional layer of advanced air disinfection. This project will allow the City to improve air quality and safety for passengers and take advantage of 6 Packet Pg. 35

advanced technology that enables the units to be housed completely inside existing HVAC systems. The proposed system also reduces the need to sanitize the fleet multiple times per day, allowing those resources to be directed to other areas of the operation. Similar UV technology has been installed at nearly all City facilities.

A Request for Proposal (RFP) was released on BidNet on February 4, 2022, and a solicitation was advertised on TransitTalent on February 10, 2022. The notice of the RFP’s availability was sent to vendors who have contacted and registered with the City through BidNet. The RFP was downloaded 42 times through BidNet and four proposals were submitted. The RFP was conducted in compliance with federal procurement standards.

Vendors were asked to submit the pricing for the hardware with and without installation options.

The following proposals were received.

Company

Location
Proposal
Cost Without
Installation
Proposal Cost
With
Installation
Amalgamated Services Inc. Frankfort, Illinois $444,400 $533,650 Delos Living LLC. New York, New York $148,890 $402,690
United Safety and Survivability Corp. Exton, Pennsylvania $394,550 $414,655 Love Your Life Health Solutions Santa Barbara, California $230,247 Did not submit

Of the four proposals received, one bidder did not provide the required bid bond or cashier’s check. As a result, that proposal was determined to be non-responsive and was not included in the evaluation process. The remaining proposals were reviewed by a panel of internal and external representatives. Scores were awarded based on several factors including quality of equipment, understanding of project requirements, cost, and references. The three proposals were ranked as follows:

Company Score (/100 pts)
United Safety and Survivability Corp. 97.66
Delos Living LLC. 67.00
Amalgamated Services Inc. 62.00

As a result of the overall evaluation process, staff recommends that the project be awarded to United Safety and Survivability Corporation. Their implementation, training, and support plans were the most detailed and they offer the most experience and proven efficacy with thousands of devices in use world-wide. United Safety is ISO 9001 certified and they have extensive experience working with other California-based transit agencies. It is staff’s position that United Safety provides the best value to the City, and their pricing includes a one-year supply of replacement UV bulbs.

ALTERNATIVE ACTION

Other action as determined by the City Council.
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FISCAL IMPACT

There is no fiscal impact to the General Fund. The City has programmed Federal 5307 Transit grant funds earmarked for COVID-related capital expenses to cover 80 percent of the total project costs. The remaining 20 percent will be funded using Municipal Operator Service Improvement Program funds.
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Agenda Item: 7

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: April 26, 2022
SUBJECT: AWARD CONTRACT TO CONNEXIONZ LTD. FOR THE LICENSE

AND SUPPORT OF THE TRANSIT INFORMATION NETWORK
DEPARTMENT: Neighborhood Services
PRESENTER: Adrian Aguilar

RECOMMENDED ACTION

City Council:

1. Award a one-year contract in the amount of $148,175 to Connexionz Ltd. for software licensing and support of the City of Santa Clarita's Transit Information Network.

2. Authorize the City Manager or designee to execute a one-year extension in an amount not to exceed $150,087.

3. Authorize the City Manager or designee to execute all contract documents, or modify the award in the event that issues of impossibility of performance arise, subject to City Attorney approval.

BACKGROUND

The Transit Information Network (TIN) is an automatic vehicle location system that uses global positioning system (GPS) technology. This allows Santa Clarita Transit staff to track and monitor the location of its entire bus fleet, and lets riders use multiple technology platforms to obtain real-time bus information to help them plan their daily travel.

Beginning with the installation of the first phase of the TIN in 2009, Santa Clarita Transit has entered into a series of contracts with the TIN's vendor, Connexionz Ltd. to provide ongoing support and software licensing of the TIN's network and software, and includes the following:

1. Updates and support of route tracking and onboard Media Player software installed on 56 transit and 30 commuter buses.

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2. Updates, support, and licensing of the bus tracking mobile application.

3. Updates and support for The Master Scheduler trip planning and scheduling software.

4. Licensing for 19 light-emitting diode (LED) and 6 liquid-crystal-display (LCD) variable real-time messaging signs.

5. Monitoring and licensing of the Real Time Tracking dispatching software.

6. Licensing and support for the vehicle health monitoring interface.

As the software and system developer, Connexionz Ltd. is the only firm that can license and support this software.

ALTERNATIVE ACTION

Other action as determined by the City Council.

FISCAL IMPACT

This action has no impact on the General Fund. Adequate funds are budgeted in account 7007400-518503, contingent upon the approval of the annual budget. 7 Packet Pg. 39

Agenda Item: 8

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: April 26, 2022
SUBJECT: SANTA CLARITA PERFORMING ARTS CENTER AT COLLEGE OF

THE CANYONS AGREEMENT
DEPARTMENT: Recreation and Community Services
PRESENTER: Phil Lantis

RECOMMENDED ACTION

City Council approve and authorize the City Manager or designee to execute a three-year agreement with the Santa Clarita Community College District for an amount not to exceed $80,000 per year for the Santa Clarita Performing Arts Center at College of the Canyons, from July 1, 2022, to June 30, 2025, subject to City Attorney approval.

BACKGROUND
In 1999, the City of Santa Clarita (City) and the Santa Clarita Community College District (District) signed a Memorandum of Understanding (MOU) for what became the Santa Clarita Performing Arts Center at College of the Canyons (PAC). The MOU was signed prior to the opening of the PAC, and it recognized the City's contribution of $2.4 million toward the construction of the PAC. Among other items, the MOU outlined availability of the PAC for the community's use. The term of the most recent agreement is from July 1, 2019, to June 30, 2022.

The following are highlights of the proposed PAC agreement:

• City and District will enter into a three-year agreement, which will begin on July 1, 2022, and terminate on June 30, 2025.
• The District is responsible for coordinating and scheduling the use of the PAC by community organizations.
• The City’s contribution to the District is $80,000 annually for each year of the three-year agreement. This annual amount is equal to the current agreement. • Community organizations will be entitled to 21 percent of the days that the College of the Canyons and the PAC are open, which is consistent with historical use patterns and past agreements. This equals the use of 70 days a year, with 40 days during the week (Monday to Thursday) and 30 days during the weekends (Friday to Sunday). 8 Packet Pg. 40

• The City and the District will work together to coordinate cross marketing efforts such as coverage of the PAC in the City’s Seasons magazines, City websites and various publications and brochures.

All of the above are consistent with the current agreement. The only changes are the slight alteration of the annual date for the District to provide the City and community organizations the annual calendar from March 15 to March 31. This change allows the District more time to schedule their student and touring act performances. The other change is the addition of a COVID-19 Protocol statement, which reads:

“Any facility use of the PAC shall comply with LA County’s COVID-19 protocol for Theatres, as well as the District’s COVID-19 requirements.”

The PAC continues to serve the community as a vital part of the artistic and cultural landscape and as a venue that allows many community groups to offer performances for the benefit of the entire community. The PAC has been the home for several local theatre, dance, and music nonprofit organizations, including the following groups which have performed at the venue in the last few years:

• Santa Clarita Ballet Company
• Santa Clarita Regional Theatre/Canyon Theatre Guild
• Santa Clarita Master Chorale
• Santa Clarita Philharmonic
• Santa Clarita Youth Orchestra
• ESCAPE Theatre

The Arts Commission reviewed and recommended approval to the City Council for the Santa Clarita Performing Arts Center at College of the Canyons Agreement at their meeting on April 14, 2022.

ALTERNATIVE ACTION

Other action as determined by the City Council.

FISCAL IMPACT

Adequate funds to support this agreement is contingent upon appropriations of funds by the City Council during the annual budget process.

ATTACHMENTS
Performing Arts Agreement City of Santa Clarita 2022-2025 8 Packet Pg. 41

AGREEMENT BETWEEN SANTA CLARITA COMMUNITY COLLEGE DISTRICT

AND THE CITY OF SANTA CLARITA
for the

SANTA CLARITA PERFORMING ARTS CENTER

AT COLLEGE OF THE CANYONS

This Agreement is made and entered into on this 1st day of July 2022, by and between the City of Santa Clarita (hereinafter referred to as “City”) and the Santa Clarita Community College District (hereinafter referred to as “District”). City and District may hereinafter be referred to individually as “Party” and collectively as “Parties.”

WITNESSETH:

WHEREAS, the District has operated its Performing Arts Center at College of the Canyons for instructional and civic purposes since 2006; and

WHEREAS, the City is desirous of continuing its use of the Performing Arts Center at College of the Canyons to provide a performance venue for the community and to continue to meet its Cultural Arts Master Plan objectives;

NOW, THEREFORE, in recognition and appreciation of the mutual promises and conditions of the parties herein, as hereinafter set forth, the parties agree as follows:

1. Naming the Facility
The facility is named the “Santa Clarita Performing Arts Center at College of the Canyons” (hereinafter referred to as “PAC”). The facility consists of the Main Stage, the Lobby (upstairs and downstairs), the Green Room, the Black Box, and the restrooms/dressing rooms. Pursuant to the District's policy on naming facilities, the District’s Board of Trustees reserves the right to name the facility or portion thereof, if a donor provides a “substa ntial gift” to the District. Furthermore, the District’s Board of Trustees reserves the right to name areas (rooms, spaces) of the PAC after individuals or organizations in recognition of outstanding contributions to the District.

2. Responsibilities of the Parties
Parties’ responsibilities will include, but shall not be limited to:

a. District Responsibilities:

1. Provides a list of available PAC dates for the next season, for use by local non- profit organizations (hereinafter referred to as “Community Organizations”).

2. Coordinates the dates selected by Community Organizations and provides a written list to the City. The District is solely responsible for coordinating and scheduling the use of the PAC by Community Organizations, based on the PAC available dates and subsequent to the District’s receipt of the Community Organization list and schedule.

3. After the dates are confirmed, the District will enter into a contract with each Community Organization containing such terms and conditions as the District may agree upon with the Community Organization as per the User Guide relating to the Community Organization’s use of the PAC.

4. Provides to Community Organizations a User Guide, which will be maintained and updated annually.

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5. Prominently displays the City of Santa Clarita facility dedication plaque.

b. District Responsibility Deadlines:

1. The District will provide a list of available PAC dates to the City and Community Organizations for the next season by March 31, of each Contract Year.

2. The District will provide the written list to the City of the scheduled Community Organization PAC dates by April 15, of each Contract Year.

c. City Responsibilities:

1. Identifies Community Organizations before the scheduling process begins.

2. Shares the list of available PAC dates provided by the District with the Community Organizations.

3. Acts as liaison between the District and the Community Organizations.

4. Includes Community Organization performances and District performances in the City of Santa Clarita website or other media at its discretion.

3. Marketing Opportunities
a. The District will prominently display, when feasible, the City of Santa Clarita logo in advertisements and publications.
b. The District and City will work together to identify marketing opportunities that promote the Community Organizations and District performances at the PAC. This partnership will include publications, advertisements, radio, television, and other media outlets both in the Santa Clarita Valley and in neighboring areas. Some of these opportunities will include the Seasons Magazine, street pole banners, paseo bridge banners, and brochures and publications.
c. Each contract year the City will provide a two -page advertising spread in the fall issue, a full-page advertisement in the inside of the winter issue; and a half page advertisement in the spring issue of Seasons Magazine at no cost to the District.

4. Community Organization Status and Qualifications
a. Community Organizations are eligible for priority scheduling in the PAC after District events are scheduled.
b. To qualify and maintain Community Organization status, organizations must apply through the City within the deadlines established by the District and the City. c. A Community Organization shall be a non-profit entity that qualifies to receive the direct cost rate.
d. A Community Organization shall have a business address within the Santa Clarita Valley.
e. If admission is charged, admission fees shall be expended for the welfare of the District’s students or other charitable purposes.
f. Organizations applying for use of the PAC after the deadline will be given consideration whenever possible, but such requests will be processed as non- Community Organization Civic Center facility use requests in the order they were received.

5. Available Dates for the PAC
After College of the Canyons’ Instructional Events (“ Arts on Campus ”), Touring Acts (“ COC Presents”), K-12 Arts Education Outreach, and District-sponsored events are scheduled, the District will provide a list of PAC dates available for the Community Organizations. Community Organizations will be entitled to twenty -one percent (21%) of the days the College and the PAC is

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open. The PAC is open three hundred thirty-one (331) days a year, which means the Community Organizations will be able to use the PAC seventy (70) days annually, or thirty (30) weekend days, defined as Friday, Saturday, and/or Sunday, and forty (40) week days, defined as Monday, Tuesday, Wednesday, and/or Thursday. Community Organization usage days of the PAC will include any rehearsal, set -up, and strike days, and days in which Community Organization productions are housing set pieces or other items within the PAC, unless other written arrangements have been agreed upon by the District, the City, and the Community Organization.

6. PAC Box Office Services
A Community Organization may use the District Box Office services as outlined in the PAC Facility Use Guide.

7. City’s Contribution to the District
By July 15, of each Contract Year, the City will pay the District eighty thousand dollars ($80,000) to be applied at the District’s discretion to the salary of the PAC’s Managing Director, and maintenance and equipment replacement to help the District keep the PAC operating as a state -of- the-art facility for both the District and Community Organization performances.

8. Term
This Agreement shall commence on July 1, 2022 and shall terminate on June 30, 2025 (the “Term”).

9. Agreement Negotiation
Both Parties shall begin discussions to develop a new Agreement starting in October 2024 which will be completed by March 2025. If an agreement on a new Agreement is not reached, both Parties will plan for the Agreement to terminate on June 30, 2025, and the list of available PAC dates for the 2025-2026 season will not be provided to the City and Community Organizations.

10. Termination
This Agreement shall terminate upon expiration of the Term. During the Term, each Party may terminate this Agreement at any time, with or without cause, by mutual agreement set forth in writing and signed by the Parties with at least one hundred eighty (180) days written notice before the effective date of termination. Upon termination of this Agreement, District shall be entitled to payment for the following year if the one hundred eighty (180) days’ notice of termination by City is not provided before payment is due on July 15th of that year (or if notice of termination is received on or after January 16th).

11. Insurance
City agrees to maintain, in full force and effect, at City’s expense, the following insurance coverage from an admitted carrier in the State of California with a Best Rating of A-VII or higher: (i) Commercial General Liability Insurance naming District, the District’s Board of Trustees and the College of the Canyons Foundation as an Additional Insured, with limits of not less than five million dollars ($5,000,000) including bodily injury, broad-form property damage and blanket contractual liability, written on an “occurrence” basis; (ii) Professional Liability Insurance with limits of not less than one million dollars ($1,000,000); (iii) Employer’s Liability Insurance with li mits of not less than one million dollars ($1,000,000) per occurrence; (iv) Workers’ Compensation Insurance as required by statutory insurance requirement of the State of California; and (v) Automobile Liability Insurance covering all owned, non- owned and hired vehicles with combined single limit for bodily injury and/or property damage of not less than one million dollars ($1,000,000).

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City agrees to name District, District’s Board of Trustees, its officers, agents, employees, and volunteers, and the College of the Canyons Foundation as Additional Insured under its policy/s.

City shall deliver Certificate(s) of Insurance and Additional Insured Endorsement(s) evidencing the required coverage to the District, which shall be subject to the District’s approval for adequacy of protection. The Certificate of Insurance shall provide thirty (30) days prior written notice of cancellation.

12. Indemnification and Hold Harmless
City agrees to indemnify, defend, and hold harmless District, their parent, affiliates, subsidiaries, authorized representatives, directors, officers, agents, and employees against all liability for any judgments, awards, expenses, fines, penalties, attorneys’ fees, or other claims for damages in connection with any suit, complaint, charge, proceeding, or action of any kind alleging a violation of any statutory or regulatory provision or otherwise arising out of the negligent act or willful misconduct by City, of its duties and responsibilities under this Agreement, unless such performance or non-performance occurred at the direction of or was caused by District. This hold harmless and indemnification includes, but is not limited to, compensatory damages, punitive damages, regulatory fines and penalties, and extra-contractual liability.

District agrees to indemnify, defend, and hold harmless City, their parent, affiliates, subsidiaries, authorized representatives, directors, officers, agents, and employees against all liability for any judgments, awards, expenses, fines, penalties, attorneys’ fees, or other claims for damages in connection with any suit, complaint, charge, proceeding, or action of any kind alleging a violation of any statutory or regulatory provision or otherwise arising out of the negligent act or willful misconduct by District, of its duties and responsibilities under this Agreement, unless such performance or non -performance occurred at the direction of or was caused by City. This hold harmless and indemnification includes, but is not limited to, compensatory damages, punitive damages, regulatory fines and penalties, and extra-contractual liability.

13. COVID-19 Protocol
Any facility use of the PAC shall comply with LA County’s COVID -19 protocol for Theatres, as well as the District’s COVID-19 requirements.

14. Understanding of the Parties
This represents the entire understandings of the Parties. Any amendments shall be written and agreed to by both Parties as evidenced by their authorized signatures.

[SIGNATURES NEXT PAGE]

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IN WITNESS THEREOF, the Parties agree to the provisions of this Agreement by having their authorized agents sign on the following page.

SANTA CLARITA COMMUNITY CITY OF SANTA CLARITA

COLLEGE DISTRICT

BY: BY:

Signature of Authorized Representative Signature of Authorized Representative

PRINT PRINT
NAME Omar Torres NAME

PRINT PRINT
TITLE Asst. Superintendent/VP, Instruction TITLE

DATE DATE

BOARD MEETING DATE OF

APPROVAL/
RATIFICATION TAX ID#

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Attachment: Performing Arts Agreement City of Santa Clarita 2022-2025 (SANTA CLARITA PERFORMING ARTS CENTER AT COLLEGE OF THE

Agenda Item: 9

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: April 26, 2022
SUBJECT: NEWHALL FAMILY THEATRE FOR THE PERFORMING ARTS

AGREEMENT
DEPARTMENT: Recreation and Community Services
PRESENTER: Phil Lantis

RECOMMENDED ACTION

City Council approve and authorize the City Manager or designee to execute a three-year agreement with the Newhall School District for an amount not to exceed to $75,000 for the Newhall Family Theatre for the Performing Arts, from July 1, 2022, to June 30, 2025, subject to City Attorney approval.

BACKGROUND
In 1994, after the Northridge Earthquake, a group of parents toured the Newhall Elementary School campus to determine what had been damaged. During the tour, parents were led through the school’s auditorium, which had been closed to the public since the 1970s. After seeing the auditorium, the parents decided that it needed to be restored into an arts venue for the community. After almost 24 years of effort by multiple individuals and nonprofit organizations, the restoration of the auditorium was completed in late 2017, and was named the Newhall Family Theatre for the Performing Arts. The Newhall School District (District) was able to achieve this by having the support of the community, who voted to include the restoration project as part of a bond measure.

In the City of Santa Clarita Arts Master Plan, which was adopted by the City Council in March 2016, Recommendation 2.1 states:

“The City should explore taking management of the renovated Newhall Elementary School auditorium and actively program it.”

In meetings between City of Santa Clarita (City) and District staff, it was determined that the District would take the lead in managing the venue; thus they hired a Theatre Manager to oversee the day-to-day operations. In the discussions, it was recommended that the City could support 9 Packet Pg. 47

this effort and meet the essence of the Arts Master Plan recommendation by entering into an agreement that offered financial support to the District to augment their operations. The agreement was modeled on the City’s agreement with the Santa Clarita Community College District for the Santa Clarita Performing Arts Center at College of the Canyons. The current agreement runs from May 1, 2019, to April 30, 2022.

The following are highlights of the Newhall Family Theatre for the Performing Arts Agreement:

• City and District will enter into a three-year agreement. • The District is responsible for coordinating and scheduling the use of the Newhall Family Theatre for the Performing Arts by community organizations. • The City's contribution to the District is $75,000 for each year of the three years of the agreement.
• Community organizations will be entitled to the use of 80 days a year, with 40 days during the week (Monday to Thursday), and 40 days during the weekend (Friday to Sunday).
• The City and the District will work together to coordinate cross marketing efforts such as coverage of the Newhall Family Theatre for the Performing Arts in the City's publications, websites, and brochures.

All of the above are consistent with the existing agreement. The only modifications made to the new agreement were to the dates and term of the agreement and the addition of a section addressing COVID-19 protocols.

The Newhall Family Theatre for the Performing Arts is an historic 525-seat venue, located adjacent to the Old Town Newhall Arts and Entertainment District, contributing to the artistic and cultural landscape of the entire Santa Clarita Valley.

Below are some of the community organizations that have utilized the venue for performances and special events since the completion of the restoration of the venue in 2017:

• Raising the Curtain Foundation (theater, film screenings and an arts community showcase)
• Major Impact Theater (theater)
• Santa Clarita Shakespeare Festival (theater)
• Olive Branch Theatricals (theater)
• SCV Convention of Alcoholics Anonymous (theater)
• SCVi (theater and dance)
• Santa Clarita Valley Youth Orchestra (music)
• Swadeshi Indian Cultural Group (dance)
• Santa Clarita Ballet Company (dance)
• Gervais School of Dance (dance)
• Dance 84 (dance)
• Kalakeke Pacific Island Dance Company (dance)
• Neuma Church (holiday production)
• Latino Business Alliance (awards gala with live music and dancers) 9 Packet Pg. 48

• City of Santa Clarita (volunteer recognition, author interviews, film festival, etc.)

The Arts Commission reviewed and recommended approval to the City Council for the Newhall Family Theatre for the Performing Arts Agreement at their meeting on April 14, 2022.

ALTERNATIVE ACTION

Other action as determined by the City Council.

FISCAL IMPACT

Adequate funds to support this agreement is contingent upon appropriations of funds by the City Council during the annual budget process.

ATTACHMENTS
City & Newhall District Newhall Family Theatre Agreement 2022-2025 9 Packet Pg. 49

AGREEMENT RELATING TO THE

NEWHALL FAMILY THEATRE FOR THE PERFORMING ARTS

AT NEWHALL ELEMENTARY SCHOOL

This Agreement Relating to the Newhall Family Theatre for the Performing Arts at Newhall Elementary School (“Agreement”) is made and entered into effective as of July 1, 2022 (“Effective Date”) by and between the City of Santa Clarita (“City”) and the Newhall School District (“District”). The City and the District may hereinafter be referred to individually as a “Party” and collectively as the “Parties.”

WITNESSETH:

WHEREAS, the District has renovated the Newhall Family Theatre for the Performing Arts at Newhall Elementary School (“Theatre”), so that it may be used for instructional and civic purposes; and

WHEREAS, the City desires that the Theatre be a performance venue for the community to thereby assist the City in meeting its Santa Clarita Arts Master Plan objectives; and

WHEREAS, to facilitate such community use of the Theatre, the Parties intend that, as provided herein, the District shall make the Theatre available for use by the City for civic functions, and by local non-profit organizations (each a “Community Organization”) for performing arts purposes.

NOW, THEREFORE, and in consideration of their respective rights and obligations as set forth herein, consideration that the Parties acknowledge is adequate, the Parties agree as follows:

AGREEMENT

Section 1. Responsibilities of the Parties
In addition to any other obligations set forth in this Agreement, the Parties’ responsibilities shall include the following, as applicable:

a. District Responsibilities:

1. The District shall develop written guidelines, rules, and other requirements for use of the Theatre by Community Organizations and others (“Theatre User Guide”), and approval of the Theatre User Guide by the Governing Board shall be a condition precedent to any use of the Theater pursuant to this Agreement.

2. As provided in Section 4 herein, the District shall annually establish a list of dates during each performing arts season that the Theatre is available for use by the City and Community Organizations (“Theatre Availability List”), and the District shall provide the Theatre Availability List for each performing arts season (July to June) to the City on or about March 15 of each year.

3. The District shall be solely responsible for coordinating and scheduling the use of the Theatre, based on the dates specified in the Theatre Availability List, by the City and by Community Organizations that contact the District for such purposes.

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4. As a condition precedent to a Community Organization using the Theatre, it must enter into a written agreement with the District that establishes terms and conditions for such use (each a “Theatre User Agreement”), which terms and conditions shall be consistent with the provisions of the Theatre User Guide.

5. The District shall provide to the City a list of Community Organizations that have scheduled use of the Theatre and entered into Theatre Use Agreements (each a “Theatre User List”), and the District shall provide the Theatre User List for each performing arts season (July to June) to the City on or about April 15 of each year.

6. The District shall permit the City, at no additional cost, to use the Theatre for City- conducted civic functions, on four dates for each year of the agreement as specified on the Theatre Availability List as are still available at the time the City requests such use, and examples of acceptable civic functions are public forum, public debates, et cetera.

7. In connection with the civic functions described in the foregoing item 6, the District shall provide, also at no cost to the City, basic and reasonable technical support that shall include, as necessary, technical and assistant director, theatre manager, and house manager.

8. The District shall make the Faculty Parking Lot at the school site available for use by attendees to City and Community Organization events. This does not guarantee exclusive use of the parking lot to the City and Community Organization events, as there will be times when other activities will be taking place at the school.

b. City Responsibilities:

1. Following receipt of the Theatre Availability List, the City shall share it with appropriate Community Organizations.

2. The City shall act as a liaison between the District and Community Organizations.

3. When feasible, as determined by the City in its reasonable discretion, the City shall include notices, descriptions and/or advertisements regarding Community Organization performances and District performances on City websites or in other media.

4. The City shall coordinate with the District in regard to scheduling civic functions to be held at the Theatre.

Section 2. Marketing Opportunities
a. When feasible, as determined by the District in its reasonable discretion, the District shall display the City’s logo in District advertisements and/or publications relating to performances at the Theatre conducted by Community Organizations.

b. The District and City will work together to identify marketing opportunities that promote the Community Organizations and District performances at the Theatre.

This partnership will include publications, advertisements, radio, television, and

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other media outlets both in the Santa Clarita Valley and in neighboring areas. Some of these opportunities will include the Seasons Magazine, street pole banners, paseo bridge banners, and brochures and publications.

c. Each year during the term of this Agreement, the City, at no cost to the District, shall provide a one-page advertisement in the fall issue, a half page advertisement in the winter issue, and a half page ad in the spring issue, of Seasons Magazine.

Section 3. Community Organization Status and Qualifications a. Community Organizations shall be eligible for priority scheduling in the Theatre after District events have been scheduled.

b. To qualify and maintain Community Organization status, an organization must:
(i) apply through the City within the deadlines established by the District and the City;
(ii) be a non-profit entity that qualifies to receive the direct cost rate; (iii) have a business address within the Santa Clarita Valley; and (iv) if it charges any fee for admission, such admission fees must be expended for the welfare of the District’s students or other charitable purposes.

c. The District will, to the extent reasonable and subject to availability, schedule use of the Theatre by Community Organizations that apply to use the Theatre after the District’s deadline for establishing the Theatre User List, but such requests will be processed as non-Community Organization Civic Center facility use requests in the order they were received.

Section 4. Scheduling Use of the Theater
The District at all times shall have first priority when scheduling use of the Theatre for District-related purposes. Notwithstanding anything to the contrary, the District shall have the sole discretion to schedule blackout dates, as to which there shall be no use of the Theatre pursuant to this Agreement, for purposes of repair, maintenance, holidays, school closure, or other matters as determined by the District. After the District has scheduled its own events, including any blackout dates, the District will develop and provide the Theatre Availability List to the City. Subject to the foregoing, the City and Community Organizations will be entitled to use the Theatre a total of eighty (80) days annually, which shall consist of forty (40) week days and forty (40) weekend days. For purposes of this Agreement, a “week day is defined as any Monday, Tuesday, Wednesday or Thursday, and a “weekend day” is defined as any Friday, Saturday or Sunday. In determining the number of days the Theatre is or will be used by the City or a Community Organization: (i) the District will include in the count any and all rehearsal, set-up, and strike days, and, except as the District may agree in its sole discretion, any and all days on which the City or Community Organizations are housing set pieces or other items within the Theatre; and (ii) except as the District may agree in its sole discretion, each day on which any of the foregoing occurs for only a portion of the day shall be counted as a full day.

Section 5. Theatre Box Office Services
To the extent provided in the Theatre Use Guide, the City or a Community Organization may use the Theatre box office.

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Section 6. City Contribution
As additional consideration for the District to enter into this Agreement, the City shall contribute funds to assist the District in maintaining the Theatre as a state-of-the-art facility for District and Community Organization performances (“City Contribution”).

Subject to using the City Contribution for purposes related to the Theatre, the District may apply the City Contribution as it determines in its sole discretion, including, without limitation, for operations, maintenance, or replacement of equipment at the Theatre. The City Contribution shall be in the amount of $75,000.00 (seventy-five thousand dollars) for each year of the agreement, and the City shall provide the City Contribution to the District not later than July 31 of each year of the agreement.

Section 7. Term
This term of this Agreement (“Term”) shall commence on July 1, 2022, and shall terminate on June 30, 2025.

Section 8. Negotiation of Future Agreement
Commencing in November of 2024, the Parties shall begin discussions to develop a new agreement relating to City and Community Organization use of the Theatre, to be applicable upon expiration of the Term. The Parties shall make good-faith efforts to complete such negotiations and enter into such new agreement by March of 2025. If for any reason the Parties do not enter into any such new agreement, then, upon expiration of the Term and with respect to this Agreement, neither Party shall have any further obligation to the other Party other than for any obligations pursuant to Sections 10 or 11 herein that survive termination of this Agreement.

Section 9. Termination
a. This Agreement shall terminate upon expiration of the Term.

b. Either Party may terminate this Agreement, without need for cause, by giving written notice of termination to the other Party and, in such event, the termination shall take effect on the date that is ninety days after receipt of the termination notice by such other Party.

c. A Party (“Terminating Party”) may terminate this Agreement for cause, if the other Party (“Defaulting Party”) has defaulted with respect to any of its material obligations pursuant to this Agreement and has not corrected or cured such default within twenty days following notice from the Terminating Party to the Defaulting Party that describes the default in reasonable detail and, to the extent possible or known, specifies what the Defaulting Party must do to correct or cure such default (“Notice of Default”). In the event a Defaulting Party has not timely corrected or cured the default specified in an applicable Notice of Default, the Terminating Party may terminate this Agreement by giving written notice of termination to the Defaulting Party, and such termination shall be effective immediately upon receipt of such notice by the Defaulting Party or as of any later date specified in the notice.

d. The District may terminate this Agreement if, as determined by the District in its reasonable discretion, it becomes impossible, impracticable, or impolitic for the District to operate or permit use of the Theatre pursuant to this Agreement

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(including, without limitation, because of damage caused to the Theatre in connection with use by any Community Organization, unruly behavior by those attending any Community Organization performance, et cetera), and, in such event, such termination shall be effective immediately upon receipt of such notice by the City or as of any later date specified in the notice.

Section 10. Insurance
The City shall, at the sole cost and expense of City, procure and maintain during the Term and for one year following termination of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with use of the Newhall Family Theatre by City. The following insurance coverage, and coverage terms and conditions, shall apply:

(i) Commercial General Liability Insurance, written on an occurrence basis, with limits of not less than two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate and covering, without limitation, bodily injury, property damage, personal and advertising injury, and blanket contractual liability;
(ii) Employer’s Liability Insurance with limits of not less than two million dollars ($2,000,000) per bodily injury by accident or disease;
(iii) Workers’ Compensation Insurance to statutory limits as required by the laws of the State of California and, if any, applicable City requirements; and (iv) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used by, or on behalf of the City with combined single limit for bodily injury and/or property damage of not less than two million dollars ($2,000,000) per accident.

The City shall cause the policies reference in (i) and (iv) to name or be endorsed to name the District, its Governing Board and each member thereof, and its other officers, employees, and agents, as an Additional Insured under such policies. The policy reference in (ii) and (iii) shall be endorsed to waive any right of subrogation the City may have, or the insure may have, against the District in connection to claims or losses paid under the policy. As a condition precedent to any use of the Theatre pursuant to this Agreement, the City shall deliver to the District such Certificate(s) of Insurance and Endorsement(s) referenced herein as evidence the required coverage, which shall be subject to the District’s approval for adequacy of protection. The Certificate of Insurance shall provide that the insurer must give written notice to the District not less than thirty (30) days prior to any change in coverage limits, cancellation, or expiration of any required insurance, except in the case of termination for failure to pay premium, in which event the insurer must give notice not less than ten days prior to termination. If the City is self-insurance or obtains coverage through a public entity joint powers authority (JPA) risk pool for any of the insurance required above, the program of self- insurance or coverage provided by the JPA shall provide coverage to the same extent as if the above items were covered by an insurance policy.

Section 11. Indemnification
a. City shall indemnify and hold harmless the District, its Governing Board and each member thereof, and its other officers, employees and agents, and each of them, with respect to any and all judgments, awards, expenses, fines, penalties, costs (including,

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Attachment: City & Newhall District Newhall Family Theatre Agreement 2022-2025 (NEWHALL FAMILY THEATRE FOR THE PERFORMING ARTS

without limitation, attorneys’ fees), and other liabilities of whatever nature (each a “Liability” and if more than one, the “Liabilities”), to the extent (and only to the extent) those arise from any negligent act(s) or omission(s), or any willful misconduct, of the City or any of its officers, employees, agents, or contractors in connection with the exercise or performance of, respectively, the City’s rights or obligations pursuant to this Agreement. Using legal counsel reasonably acceptable to the District, the City shall defend the District with respect to each and every complaint, charge, claim, action, or other proceeding of any nature that alleges District responsibility, whether in whole or in part, for any Liability or Liabilities within the scope of this provision. The City’s obligations pursuant to this provision include, but are not limited to, payment of compensatory damages, punitive damages, regulatory fines and penalties, and extra-contractual liability.

b. District shall indemnify and hold harmless the City, its City Council and each member thereof, and its other officers, employees and agents, and each of them, with respect to any and all Liabilities, to the extent (and only to the extent) those arise from any negligent act(s) or omission(s), or any willful misconduct, of the District or any of its officers, employees, agents, or contractors in connection with the exercise or performance of, respectively, the District’s rights or obligations pursuant to this Agreement. Using legal counsel reasonably acceptable to the City, the District shall defend the City with respect to each and every complaint, charge, claim, action, or other proceeding of any nature that alleges City responsibility, whether in whole or in part, for any Liability or Liabilities within the scope of this provision. The District’s obligations pursuant to this provision include, but are not limited to, compensatory damages, punitive damages, regulatory fines and penalties, and extra- contractual liability.

c. In the event a final judgment issued by a court of competent jurisdiction (or, if the Parties have agreed to binding arbitration, an arbitrator’s decision) determines that this Agreement is an agreement within the scope of Government Code Section 895 and, in connection therewith, imposes liability on a Party in connection with any Liability or Liabilities solely by virtue of Government Code Section 895.2, that Party shall be entitled to reimbursement of any and all of the costs and expenses that it reasonably incurred in connection with such Claim (including, without limitation, attorneys’ fees and costs) from the responsible Party or Parties. In the event Government Code Sections 895 and/or 895.2 are altered or repealed, the requirements of this Section shall apply with respect to any similar, successor or superseding law that imposes liability on a Party consistent with provisions of Government Code Section 895.2 in effect as of the Effective Date.

d. A Party’s liability or responsibility pursuant to this Section 11 shall not be deemed or construed to be limited to the coverage limits of any insurance maintained by any of the Parties (pursuant to this Agreement or otherwise) or by the amount of any proceeds of such insurance.

e. With respect to acts or acts and incidents that occur prior to expiration of the Term or other termination of this Agreement, each Party’s rights and obligations pursuant to this Section 11 shall survive such termination.

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Section 12. No Personal Liability
Except to the extent of any such individual’s liability pursuant to the Government Claims Act (Government Code Section 810 et seq.), no member of the Governing Board of the District or of the City Council of the City, and no other officer, employee or agent of either Party, shall be personally liable to any other person or entity in the event of any default or breach by a Party of its obligations pursuant to this Agreement.

Section 13. Governing Law and Venue
This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, regardless of any conflict-of-laws, choice-of-law, or other provision of any federal, state, or other law. Unless a court of competent jurisdiction determines that a change in venue is required in order to ensure fundamental fairness, any and all actions, arbitrations, and other proceeding arising from this Agreement shall be initiated and conducted only in an appropriate court located in the County of Los Angeles, California.

Section 14. Waiver
A waiver by a Party of any provision of this Agreement shall be binding only if the waiver is set forth in writing and has been duly approved and signed by the waiving Party. Unless so specified in the written waiver, a waiver by a Party of any provision of this Agreement shall not constitute a waiver of any other provision(s) herein, similar or not, and shall not be construed as a continuing waiver. Except as waived in accordance with this Section, neither the failure by a Party at any time to require performance of any requirement of this Agreement, nor any forbearance or indulgence of the Party in regard to such requirement, shall in any manner affect the Party’s right at a later time to enforce the same or any other provision of this Agreement.

Section 15. COVID-19 Protocol
Any facility use of the Theatre shall comply with LA County’s COVID-19 protocol for Theatres, as well as the District’s COVID-19 requirements.

Section 16. Entire Agreement
This Agreement represents the entire understanding and agreement of the Parties, as of the Effective Date, regarding the use of the Theatre by the City and Community Organizations. Any and all prior and contemporaneous agreements, representations and understandings of the Parties relating to such matters, oral or written, are hereby superseded and replaced.

Section 17. Modifications of Agreement
This Agreement may be modified only by means of written instrument that has been duly approved, signed, and delivered by both Parties.

Section 18. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, taken together, shall constitute one and the same instrument. Signature pages may be detached from counterpart originals and combined to physically form one or more copies of this Facilities Use Agreement bearing original signatures of both Parties.

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Attachment: City & Newhall District Newhall Family Theatre Agreement 2022-2025 (NEWHALL FAMILY THEATRE FOR THE PERFORMING ARTS

(The remainder of this page intentionally left blank.)

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Attachment: City & Newhall District Newhall Family Theatre Agreement 2022-2025 (NEWHALL FAMILY THEATRE FOR THE PERFORMING ARTS

Section 18. Due Authority
Each person who has signed this Agreement on behalf of a Party thereby represents and warrants that he or she has been duly authorized by such Party to sign, and thereby bind such Party to, this Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as evidenced by the signatures, below, of their respective duly authorized representatives.

NEWHALL SCHOOL DISTRICT

BY: ________________________________
Signature of Authorized Representative

NAME _____________________________

TITLE _____________________________

DATE _____________________________

CITY OF SANTA CLARITA

BY: ________________________________
Signature of Authorized Representative

NAME _____________________________

TITLE _____________________________

DATE _____________________________

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Attachment: City & Newhall District Newhall Family Theatre Agreement 2022-2025 (NEWHALL FAMILY THEATRE FOR THE PERFORMING ARTS

Agenda Item: 10

CITY OF SANTA CLARITA

AGENDA REPORT

CONSENT CALENDAR
CITY MANAGER APPROVAL:

DATE: April 26, 2022
SUBJECT: OPERATION OF THE CUBE - ICE AND ENTERTAINMENT
CENTER
DEPARTMENT: Recreation and Community Services
PRESENTER: Janine Prado

RECOMMENDED ACTION

City Council:

1. Amend the current contract with American Sports Entertainment Company and the Los Angeles Kings for operations of the City of Santa Clarita Ice and Entertainment Center to revise the fiscal year 2021-2022 budgets, increasing revenue by $1,622,314 and expenditures by $583,396.

2. Authorize the City Manager or designee to modify the award over the course of the contract term with American Sports Entertainment Company and the Los Angeles Kings based on revenue actuals.

3. Increase recreational facility revenue accounts by $1,674,114 and appropriate $838,396 across recreational facility expenditure accounts per the attached exhibit A.

BACKGROUND

On February 23, 2021, the City Council authorized a five-year operator agreement with American Sports Entertainment Company and the Los Angeles Kings (ASEC/Kings) to oversee operations of The Cube - Ice and Entertainment Center, Powered by FivePoint Valencia (The Cube), following the acquisition of the former Valencia Ice Station in October 2020. Shortly thereafter on April 12, 2021, The Cube opened to the community as a City of Santa Clarita (City) facility.

The Fiscal Year 2021-2022 budget for both the operator contract and the facility's utilities were developed taking into consideration the ongoing pandemic-related public health restrictions in place from both the State of California and the Los Angeles County Department of Public 10 Packet Pg. 59

Health, which limited indoor capacity and placed limitations on youth sports activities.

Notwithstanding those restrictions, programming and activity at The Cube has exceeded first year expectations and continues to grow.

Monthly average foot traffic is 35,535, with a high in November of 37,662. This number accounts for the number of entries into the building each month.

In the first nine months of the fiscal year between July 2021 and March 2022, The Cube has registered approximately 64,600 patrons through in-house programs such as public skate sessions, youth hockey programs, adult hockey leagues, Learn to Skate classes, contract ice reservations, stick time reservations, birthday parties, meetings, events and more. The programming figure does not account for the thousands of additional patrons who visited The Cube to either participate in or watch a wide-variety of offerings such as California Amateur Hockey Association tournament weekends, high school hockey games and tournaments, figure skating shows, and the UCLA Men's Ice Hockey team games.

Non-traditional uses of the facility include being utilized as a location for a blood drive, a host to City contract classes such as yoga and ballet, and most recently, a prime spot for filming with major projects including a Netflix production, several commercials, and an ongoing location for the second season of a show being produced by a major studio television production company.

This increase in use of the facility has resulted in revenues exceeding budget in the areas of the City's Sponsorship Program in the amount of $134,100, which is an increase of $9,100 compared to budget; Rental Income in the amount of $84,544, which is an increase of $42,000 compared to budget; and $3,687,052 from ASEC/Kings, which exceeds the budget by $1,622,314.

The higher-than-anticipated use of the facility is also impacting expenditure budgets with an estimated impact of $255,000 to gas and electric utilities and $583,396 to the ASEC/Kings operator agreement. An additional contributing factor to the electric utility budget is the increasing costs of electricity through the City’s energy provider, Southern California Edison (SCE). From 2019 to 2022, SCE rates have increased significantly. Staff, in collaboration with ASEC/Kings, continue to identify energy-saving opportunities at the facility to help mitigate future costs against continuously increasing rates.

ALTERNATIVE ACTION

Other action as determined by the City Council.

FISCAL IMPACT

The recommended actions will address budget appropriations for Fiscal Year 2021-22, which includes an increase of $1,674,114 in estimated revenues and an additional appropriation of $838,396 in estimated expenditures.

ATTACHMENTS
The Cube_Exhibit A
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Fund: 120
Account Budget Forecast Variance
Contractor Operator Revenues
Rental Income - Pro Shop 431112 34,800$ 21,452$ (13,348)$ Food/Concession 456702 56,400$ 16,500$ (39,900)$ On-Ice Revenue 456701 1,902,278$ 3,115,000$ 1,212,722$ Advertising 456703 49,200$ -$ (49,200)$ Off-Ice Revenue 456704 15,000$ 498,000$ 483,000$ Misc Cube Revenue 456705 7,060$ 36,100$ 29,040$ Subtotal 2,064,738$ 3,687,052$ 1,622,314$ City Revenues
City Merchandise 456206 -$ 700$ 700$ Sponsorship Revenue 456611 125,000$ 134,100$ 9,100$ Rental Income - Misc 431107 42,544$ 84,544$ 42,000$ Subtotal 167,544$ 219,344$ 51,800$ TOTAL REVISED REVENUE 2,232,282$ 3,906,396$ 1,674,114$ Contractor Operator Expenses
Ice Rink Operations 1205120-516139 1,366,457$ 1,819,078$ 452,621$ Revenue Share 1205120-516140 -$ 130,776$ 130,776$ Subtotal 1,366,457$ 1,949,854$ 583,396$ City Expenditures
Electric Utilities 1205120-513101 200,000$ 425,000$ 225,000$ Gas Utilities 1205120-513102 32,000$ 62,000$ 30,000$ Subtotal 232,000$ 487,000$ 255,000$ TOTAL REVISED EXPENDITURES 1,598,457$ 2,436,854$ 838,396$ NET CHANGE TO OPERATIONS 633,825$ 1,469,542$ 835,718$ The Cube: Ice & Entertainment Center
FY 2021-22 Year-End Projections to Impacted Accounts
Exhibit A

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Attachment: The Cube_Exhibit A (THE CUBE OPERATING & CONTRACTOR BUDGET)

Agenda Item: 11

CITY OF SANTA CLARITA

AGENDA REPORT

PUBLIC HEARINGS
CITY MANAGER APPROVAL:

DATE: April 26, 2022
SUBJECT: FIRST READING OF AN ORDINANCE FOR THE OLD TOWN

NEWHALL SPECIFIC PLAN UPDATE
DEPARTMENT: Community Development
PRESENTER: Hai Nguyen

RECOMMENDED ACTION

City Council:

1. Conduct the public hearing; and

2. Introduce and pass to a second reading an ordinance entitled: “AN ORDINANCE OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE 21-089, CONSISTING OF SPECIFIC PLAN AMENDMENT 21-001, AMENDING THE OLD TOWN NEWHALL SPECIFIC PLAN, AS SHOWN IN EXHIBIT A.”

BACKGROUND

Originally adopted in December 2005 by the City of Santa Clarita (City), the Downtown Newhall Specific Plan, which is now referred to as the Old Town Newhall Specific Plan (OTNSP), has been successful in guiding the redevelopment of the Newhall area in terms of land uses, public infrastructure improvements, and private investment. The success of the OTNSP is due in large part to the substantial public investments from the City.

In 2017, the City Council amended the OTNSP to include changes to the land uses on Main Street that encouraged and prioritized the Arts & Entertainment District. Projects like the reconfiguration of San Fernando Road to create what is now known as Main Street with expanded, pedestrian-friendly sidewalks, the Old Town Newhall Library located at the terminus of Main Street, and the Old Town Newhall Parking Structure have all contributed to the vibrancy of this emerging Arts & Entertainment District. Private developments that have also shaped Old Town Newhall include Newhall Crossings, and restaurants like the Old Town Junction, Reyes Winery, Brewery Draconum, and Newhall Refinery have made Main Street a premier location for dining.
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The City periodically updates planning documents to reflect recent legislation, current planning trends, newly-identified planning issues, and to clarify code language in an effort to keep the development code relevant, fresh, and easy to understand. Since its adoption, the OTNSP has been amended seven times, with the last revision in 2020.

In 2020, the City applied for and was awarded Senate Bill 2 (SB 2) grant funds and hired a consultant, Dudek, to assist in a comprehensive update of the OTNSP. The intention is to memorialize the substantial City investments since 2005 and build upon what has already been accomplished as we plan for the next 15 to 20 years. The proposed 2022 OTNSP updates (2022 Update) will maintain the planning framework of the 2005 OTNSP and its subsequent amendments, while revising specific regulations and adopting new ones to reflect the economic and regulatory realities of 2022.

PROJECT AREA/SETTING

Old Town Newhall, referred to as the OTNSP area, consists of approximately 271 acres and is generally bounded by 14th Street to the north, Newhall Avenue to the west, William S. Hart Park to the southwest, Creekview Park to the east, and Pine Street to the south. Maps of the OTNSP area are attached to this staff report.

PUBLIC OUTREACH

The preparation of the original OTNSP involved extensive public engagement, field surveys, stakeholder interviews, and design charrettes that occurred between 2004 to 2005. Input received and lessons learned from these activities shaped the 2005 OTNSP’s policy framework. In keeping with the community outreach efforts from 2005, staff conducted two field workshops and online surveys for the 2022 Update. These events provided stakeholders the opportunity to share their thoughts and ideas with staff on how the OTNSP has worked for them and what can be improved to help build upon the vision and success of the OTNSP with the 2022 Update.

The first public event was held on June 26, 2021, and was a workshop/survey structured as a walking tour during the Old Town Newhall Farmers Market. Community members and stakeholders were able to experience first-hand the physical environment of Old Town Newhall through a family-friendly walkabout. Attendees joining on the walking tour were provided a map directing them along the route. Approximately 95 participants engaged during the Farmers Market event and tour, and 29 surveys were completed.

The second public event was held on October 9, 2021, to build upon the input received in the first workshop and survey. This event returned to the Old Town Newhall Farmers Market and was designed as an outdoor exhibition with concepts, ideas, and questions related to goals to further inform the 2022 Update. The input and ideas from approximately 200 participants for this second event primarily related to themes like arts and entertainment, street activations, development processes, linkages to the Metrolink station, and housing opportunities.

In addition to the public events, meetings were held with stakeholders, including property owners, merchants, the Old Town Newhall Association, and City Councilmembers for staff to 11 Packet Pg. 63

receive input and feedback. Staff met with the Downtown Newhall Specific Plan Ad Hoc Committee (Committee) early in the process in May 2021, and a follow up meeting was held in January 2022. The discussion with the Committee and input from the public outreach efforts provided staff with a further understanding of the community priorities to help refine the vision for the 2022 Update.

The major themes from the public outreach are summarized as follows:

• Promote the Arts & Entertainment District and add more arts and entertainment-related uses, attractions, destinations, and community events
• Streamline new development, such as mixed-use developments, to bookend the south end of Main Street
• Provide more housing opportunities
• Provide new parking strategies
• Preserve historic buildings and businesses
• Improve bike facilities and infrastructure and connections to Metrolink

PROPOSED UPDATES FOR THE 2022 OTNSP

Goals and Objectives

Cognizant of the original OTNSP’s success, and as a result of the recent feedback received from the public outreach, the Draft 2022 OTNSP Update (Draft Plan) maintains the basic planning framework of the 2005 OTNSP and its subsequent amendments, but with the goal to assess and inventory the past public and private accomplishments and finetune all four chapters to be consistent with the five main objectives listed in Chapter 1 of the Draft Plan and as follows:

1. Make the OTNSP more user-friendly for community members, property owners, developers, and staff.

2. Emphasize and facilitate Old Town Newhall’s emergence as Santa Clarita’s Arts & Entertainment District.

3. Streamline and eliminate unnecessary barriers to developments that are consistent with the community’s vision.

4. Simplify and provide clarity to guidelines for architectural styles.

5. Simplify guidance for housing developments and facilitate production of a broad variety of housing types.

With these objectives in mind, the Draft Plan has been redesigned with a new layout which is included as Exhibit A, attached to the Ordinance. The proposed changes can be found in the “redline” documents, located in the City Clerk’s reading file, showing the language to be edited (Attachment A). In the redlines, text deletions are noted in red strikethrough, proposed text additions noted in blue underline, and new maps, tables, or figures are indicated with a blue border. Appendix A of the Draft Plan references the original Chapter 3 from the 2005 OTNSP and accounts for approximately 17 years of revitalization with projects/items categorized as:

Completed, Ongoing, or Not Applicable.

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Summary of Updates by Objectives

1. Make the OTNSP more user-friendly for community members, property owners, developers, and staff.

In order to make the Draft Plan more user-friendly, it is crucial to understand the past and historical context, while looking forward to the future. This begins with acknowledging the past successes by identifying and exhibiting the completed projects and then incorporating information from the recent public outreach and economic study to forecast the next 15 to 20 years. Chapters 1 through 3 have not been updated since 2005; whereas, Chapter 4 has been updated seven times.

Chapter 1 (Introduction) memorializes these five updated objectives and updates the economic conditions for today. It reflects upon both the past and most recent public outreach efforts. It also retains the narrative of the history and context of the area, in addition to the design principles and relationship to the City’s General Plan, which still apply today.

Chapter 2 (Form and Character) includes a list of completed projects and future catalytic projects, which are projects of community-wide significance that are to-be-completed.

Components of the OTNSP related to open space, parks and trails, stormwater management, Main Street design, street trees, transportation, and parking have been updated and refocused.

It also retains references to the historic structures in Old Town Newhall with the purpose of preservation.

The content from Chapter 3 (Implementation) has been reimagined, reorganized, and refocused from 45 pages to 8 pages that include Completed Projects from the 2005 OTNSP and Future Priority Projects with the respective maps. The updated Chapter 3 now features descriptions for key completed projects since 2005, which is evidence of the OTNSP’s ongoing success, and future priority projects, which are critical to the ongoing revitalization of Old Town Newhall. As mentioned above, Appendix A of the Draft Plan is included and references the original Chapter 3.

The overall OTNSP layout has been completely redesigned with the Draft Plan, but keeps the original planning framework. This redesign simplifies language by reducing jargon, eliminating ambiguities, and streamlines the code to clarify its intentions and guidance.

Images have been replaced that both memorializes the City’s accomplishments and provides guidance into the City’s design principles with actual as-built projects in Old Town Newhall.

Tables, such as the land use matrix (described in Objective 2 below) and sign regulations, have been redesigned to be more easily navigated. Section 4.5 (Sign Regulations) includes a newly reorganized table and adds two new sign types: Now Playing Movie/Theater Preview sign and Historic Plaque/Placard sign.

This redesigned OTNSP is more user-friendly to applicants, property owners, developers, staff, and all readers alike.

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2. Emphasize and facilitate Old Town Newhall’s emergence as Santa Clarita’s Arts & Entertainment District.

Chapter 4 (The Code) is the primary chapter that applicants, developers, and staff use on a daily basis. It provides detailed regulations for land uses and development with the goal of encouraging the growth of the vibrant Arts & Entertainment District. To best reflect this goal, the Urban Center (UC) zone, primarily located along Main Street, is proposed to be renamed the Arts & Entertainment (AE) zone. In addition, the Creative District (CD) is renamed the Creative/Business (CB) zone to better reflect the flexibility of both a creative district and business zone. The other proposed updates to the land uses to facilitate this vision are as follows:

Table 4.2-1 of the Draft Plan is the updated Allowed Land Uses and Permit Requirements by Zone (a.k.a. land use matrix) and includes the following changes:

• The original OTNSP foresaw the value of both vertical mixed-use (i.e. commercial ground floor with upper floor residential) and horizontal mixed-use by allowing flexibility for transitional land uses from commercial to residential in a neighborhood.

It codified these provisions by allowing existing businesses or businesses adjacent to the Corridor (COR) or UC zones (now renamed AE zone) to locate and exist to serve the surrounding neighborhood. This provision is proposed to be extended to the following land uses:

o Arts and entertainment-oriented retail
o Bakery
o Coffee Shop/Diner
o Library/Museum
o Live entertainment (i.e. accessory background music in a restaurant) o Restaurants, allowed with a Conditional Use Permit (CUP), and restaurants serving alcohol with food (with an Administrative Permit (AP) in addition to a CUP)
o Specialty Retail

• Related to the theme of vertical mixed-use in the AE zone, a Doctor’s Office use (i.e. optometrist or dentist) is proposed to be allowed behind a primary use (i.e. not facing Main Street) or in an upper level (similar to a Professional Office use) to serve residents nearby, but not on the first floor on Main Street.

• To enhance vibrancy of the Arts & Entertainment District and to respond to the popularity and importance of dining outside, outdoor dining in the public right-of- way (i.e. on the sidewalk) is proposed to be expanded. Previously, outdoor dining on the sidewalk was only permitted along Main Street. Restaurants along Lyons Avenue will now be eligible to apply for a permit to allow for outdoor dining on the sidewalk.

The provision to allow outdoor dining on the sidewalk beyond Main Street and Lyons Avenue with an Administrative Permit, where applicable, is still in place. In addition, a new Outdoor Food Court/Market use (on private property) is proposed to be added.

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within the AE zone, similar to a smaller-scale Mercado use that was originally envisioned in 2005.

These changes emphasize and facilitate Old Town Newhall’s emergence as the City’s Arts & Entertainment District.

3. Streamline and eliminate unnecessary barriers to developments that are consistent with the community’s vision.

The Draft Plan seeks to provide a more streamline process for developments that are consistent with the OTNSP’s vision. Part of streamlining development in regards to architecture is discussed below in Objective 4. A challenge that was identified in the 2005 OTNSP, and has been forefront ever since, is parking. To address parking needs for businesses and customers, the City has implemented the Park-Once strategy from the 2005 OTNSP and constructed the Old Town Newhall Parking Structure. This strategy also includes the goal of a second public-parking structure on the south end of Main Street, as identified in the Future Priority Projects in Chapter 3.

The Draft Plan balances the need to provide the most convenient parking spaces for customers and visitors to access destinations on Main Street, while allowing businesses and developments to maximize their development footprint. In recent years, one of the strategies the City has taken in evaluating parking regulations is with the creation of the Parking In- Lieu Fee Program that was approved by the City Council in 2017. This program and other parking strategies have resulted in projects such as the Hart & Main adaptive, reuse building.

The Draft Plan expands the Parking In-Lieu Fee Program to include properties fronting Walnut Street (adjacent to the AE zone) so that future projects may develop to the full extent of their property, while simultaneously contributing to funding future public parking.

Another identified potential barrier to projects is the on-site loading requirement from the Unified Development Code (UDC) that exists Citywide. Unlike most other areas in the City, Old Town Newhall was designed to have alleys which allow for some flexibility. Businesses may apply to waive this requirement with an Administrative Permit, if the business is located on a property that is adjacent to an alley, or with an MUP for properties without an alley.

To provide additional flexibility, the Draft Plan includes two additional strategies: 1) include Automated Parking as a new use that is allowed by right if located below ground, out of sight, or allowed with an Architectural Design Review if visible or located above ground; and 2) allow businesses to apply for an Administrative Permit for valet parking to utilize the available parking spaces within City parking facilities, so long as no parking spaces are blocked or reserved.

4. Simplify and provide clarity to guidelines for architectural styles.

Architecture remains a pivotal component for the look and feel of Old Town Newhall. The original five architectural styles approved by the City Council remain unchanged with the Draft Plan. The original 2005 OTNSP employed a tool known as “form-based code” that focusses on regulating development of the physical form, but can create challenges for those 11 Packet Pg. 67

more familiar with traditional zoning tools. The Draft Plan is now implemented by a hybrid, streamlined development code that takes the design specificity of a form-based code and combines it with the familiarity of traditional zoning code, to be more accessible to laypersons and audiences outside the realm of architecture and design.

Section 4.3.01 of the Draft Plan is Building Type Standards. This section was originally referred to as “Architectural Types,” which are types of buildings and exhibits standards for form, character, and quality in the OTNSP. It has now been renamed to “Building Types” to avoid confusion with the Architectural Styles section of the OTNSP. To further streamline buildings desired in the OTNSP area, the Building Types have been consolidated from 12 types into 7 types.

Section 4.3.02 of the Draft Plan is Architectural Style Guidelines, which has been reformatted for ease of use. The newly reformatted guidelines include a one-page summary of each architectural style. The format now includes a concept image, annotations, and descriptions of the key architectural components to provide clearer guidance to the reader. In addition, the concept of establishing Frontage Types Standards, as part of the original form- based code, was often confused with styles of design for each building. This concept is now absorbed into Architectural Styles as part of staff’s architectural review, with clearer guidance on frontage of buildings. Similarly, Blocks and Streets Standards were removed.

This section, which originally included boilerplate language and the subdivision of land for street, block, and alley design, is no longer necessary.

By updating these standards, it simplifies and provides clarity for architecture in all areas of the OTNSP.

5. Simplify guidance for housing developments and facilitate production of a broad variety of housing types.

The public outreach identified the preference and need for more housing within the OTNSP area. A downtown is a place defined by the same general qualities as a neighborhood, with one major exception: commercial activities predominate instead of residential. Yet, the quality and amount of housing in a downtown determine its character. Perhaps the most typical dwelling type in a downtown is the loft or house over retail. Providing additional housing options in the Arts & Entertainment District would create “eyes on the street” to provide an additional sense of security and investment along Main Street and generate more regular customers for local restaurants and businesses.

The 2022 Update is made possible partially due to SB 2 Grants funds. In 2017, the State of California signed SB 2 into law with the purpose of funding and providing technical assistance to all local governments to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production. Updates to Specific Plans are allowed by this grant. In the Draft Plan, by consolidating two residential zones (Urban General 1 (UG-1) and Urban General 2 (UG-2)) into the Neighborhood (N) zone, it allows for more housing types. Previously, the only building type allowed in the UG-1 zoned properties was single-family house. With the 2022 Update, those same areas would allow all residential building types. Furthermore, it includes 11 Packet Pg. 68

more streamlined language, clearer architectural guidelines, and simplified development standards, as exemplified by the revised Building Types as described above in Objective 4.

All of these changes will make it easier for developers to understand the requirements for housing in the OTNSP area and streamline development by eliminating some of the challenges that existed in the OTNSP.

Other Considerations

No parcels are re-zoned and no construction is associated with the proposed amendment/2022 Update. The revisions of the Draft Plan are considered minor. The amendments support the existing objective of establishing a pedestrian-oriented, Arts & Entertainment District in Old Town Newhall as envisioned by both the community and the City Council. This Specific Plan Amendment required the recommendation of the Planning Commission and the approval of the City Council.

Planning Commission Recommendation

On March 15, 2022, the Planning Commission conducted a duly-noticed public hearing on the Draft Plan. During the public hearing, two members of the public commented on the project. At the conclusion of the public hearing, the Planning Commission, in a unanimous 5-0 vote, recommended the City Council, consisting of Specific Plan Amendment 21-001, amend the OTNSP as shown in Exhibit A.

Since the posting of the Draft Plan for the Planning Commission hearing, staff has made minor edits, fixed typographical errors, and made formatting corrections. Initially, the Draft Plan included a proposal to prohibit Assembly Uses (i.e. churches, temples, or community centers) in the AE zone. That version was presented to the Planning Commission. That recommendation was based on a recent legal case, where the courts upheld a zoning provision that restricts private assembly uses on a Main Street within a historic downtown area (New Harvest Christian Fellowship v. City of Salinas, 2020); however, since March 15, 2022, there has been an update with this case that would not be precedence-setting to prohibit of Assembly Uses within downtown areas. Therefore, staff is no longer proposing to prohibit Assembly Uses in the AE zone. An Assembly Use would continue to be allowed in the AE zone with a Minor Use Permit (MUP).

ANALYSIS

Specific Plan Amendment 21-001 is the required entitlement to amend the OTNSP, subject to the amendment process stated in UDC Section 17.28.110.H.

General Plan Consistency

The proposed amendment is consistent with the General Plan. Specifically, the amendment is consistent with the following objectives and policies:

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Objective LU 1.2: Maintain the distinctive community character of villages and neighborhoods throughout the planning area by establishing uses, densities, and design guidelines appropriate to the particular needs and goals of each area…

Policy LU 1.2.1: In Newhall, provide opportunities for new business and housing by implementing the Downtown Newhall Specific Plan, provide incentives to promote infill development and re-use of underutilized sites, and continue to plan for the future development of North Newhall.

Policy LU 4.1.4: Promote economic opportunity for all segments of the community, including small businesses and new businesses.

Objective LU 4.3: Enhance older commercial and industrial areas.

Policy LU 4.3.4: Promote business development that upgrades and revitalizes older commercial corridors, including Lyons Avenue, Railroad Avenue/Newhall Avenue, Main Street and Soledad Canyon Road, in a manner that reflects reach area’s character, architecture, and history.

The 2022 Update is consistent with the objectives and policies listed above because it provides an updated planning document that is internally consistent, easier to read, and provides clearer direction. The 2022 Update maintains the planning framework of the 2005 OTNSP and its subsequent amendments. The update preserves the historic and unique character of Old Town Newhall. The updated language and tone reflect the City’s vision/goal that Old Town Newhall is the City’s Arts & Entertainment District.

ENVIRONMENTAL

The City certified an Environmental Impact Report (EIR) for the OTNSP in 2005 (State Clearinghouse No. 2005021012). The EIR was prepared pursuant to the California Environmental Quality Act (CEQA) and contains a disclosure and analysis of potential environmental effects associated with implementation of the OTNSP. Pursuant to Public Resources Code Sections 21081.6 and 15097 of the CEQA Guidelines, the City also adopted a Mitigation Monitoring and Reporting Program (MMRP) for the OTNSP. Based on the analysis contained within the EIR and other considerations, the City Council certified of the EIR.

For the 2022 Update, the City has prepared an EIR Addendum (Attachment B). The purpose of this addendum is to analyze the proposed modifications to the originally approved plan and its subsequent amendments, and to determine whether implementation of the 2022 Update would result in any new significant environmental impacts not identified in the certified EIR, or whether any previously identified significant effects would be substantially more severe under the 2022 Update. This addendum also evaluates whether mitigation measures or alternatives previously found as infeasible would become feasible due to changes that have occurred since the certification of the EIR.

The EIR Addendum concludes that the 2022 Update does not require major revisions to the EIR because no new significant impacts, or substantial increases in the severity of previously 11 Packet Pg. 70

identified significant impacts, would occur. Per CEQA Guidelines Section 15163(c) or (e), an addendum need not be circulated for public review, but can be included in or attached to the Final EIR.

NOTICING

All noticing requirements for a public hearing have been completed as required by Section

17.06.110 of the UDC. A 1/8th page advertisement was placed in The Signal newspaper on April 5, 2022. An email notification was sent to the notification list. The project website has been updated with the Draft OTNSP.

CONCLUSION

The proposed amendment to the OTNSP is consistent with the General Plan and supports economic development and the general welfare of the City.

ALTERNATIVE ACTION

Other action as determined by the City Council.

FISCAL IMPACT

The project would have no impact on the City's General Fund.

ATTACHMENTS
Public Notice
Ordinance
Regional and Area Maps
Attachment A – Draft 2022 OTNSP Redlines (available in the City Clerk’s Reading File) Attachment B - EIR Addendum (available in the City Clerk’s Reading File) Planning Commission Staff Report, March 15, 2022 (available in the City Clerk’s Reading File) Planning Commission Resolution No. P22-03 (available in the City Clerk’s Reading File) 11 Packet Pg. 71

NOTICE OF PUBLIC HEARING

APPLICATION: Master Case 21-089: Specific Plan Amendment 21-001

PROJECT APPLICANT: City of Santa Clarita

PROJECT LOCATION: The project area consists of approximately 271 acres of the Old Town Newhall Specific Plan area

PROJECT DESCRIPTION: The City of Santa Clarita’s (City) Old Town Newhall Specific Plan (OTNSP) was originally adopted in 2005. The OTNSP promoted the revitalization of Old Town Newhall, formerly known as Downtown Newhall, by encouraging new development and transforming a state highway into a pedestrian-friendly shopping and restaurant district. Through diligent implementation of the OTNSP along with public and private investments, Old Town Newhall has truly been transformed over the last 17 years and has emerged as a thriving Arts & Entertainment District.

In 2020, the City was awarded Senate Bill 2 grant funds and hired a consultant, Dudek, to assist in a comprehensive update of the OTNSP. The intention of this update is to build upon what has already been accomplished and to memorialize the substantial City investments over the next 15 to 20 years. The proposed 2022 OTNSP Update will maintain the planning framework of the 2005 OTNSP and its subsequent amendments, while revising specific regulations and adopting new ones to reflect the economic and regulatory realities of 2022.

Since the project kick off, staff has engaged the community to solicit feedback on the plan including an online survey, two in-person public outreach events (walking tour in June 2021 and an outdoor interactive exhibition in October 2021), presentations to the Old Town Newhall Association, and has interviewed stakeholders, property owners, merchants, and councilmembers to receive input and feedback. These outreach events provided staff with a further understanding of community priorities to be referred to when refining the vision for the OTNSP. A summary of these events and the draft OTNSP can be found on the project website: www.oldtownnewhall.com/planupdate.

The City of Santa Clarita City Council will conduct a public hearing on this matter on the following date:

DATE: Tuesday, April 26, 2022
TIME: At or after 6:00 p.m.

LOCATION: City Hall, Council Chambers
23920 Valencia Blvd., First Floor
Santa Clarita, CA 91355

PLANNING COMMISSION ACTION: On March 15, 2022, by a 5-0 vote, the Planning Commission adopted a resolution recommending the City Council approve Master Case 21-089 with Specific Plan Amendment 21-001.

ENVIRONMENTAL REVIEW: An Environmental Impact Report (EIR) for the original OTNSP was certified in 2005 (State Clearinghouse No. 2005021012). The EIR was prepared pursuant to the California Environmental Quality Act (CEQA) and contains a disclosure and analysis of potential environmental effects associated with its implementation. An Addendum to the certified EIR was

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Attachment: Public Notice (Old Town Newhall Specific Plan Update) prepared to analyze the proposed modifications, to the original OTNSP and its subsequent amendments. It has been concluded that the 2022 OTNSP Update does not require major revisions to the EIR because no new significant impacts or substantial increases in the severity of previously identified significant impacts would occur.

If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or written correspondence delivered to the City of Santa Clarita at, or prior to, the public hearing.

For further information regarding this proposal, you may contact the project planner by calling (661) 255-4365 to make an appointment. Website: www.santa-clarita.com/planning. Send written correspondence via e-mail to [email protected], or by US mail to: City of Santa Clarita Planning Division, 23920 Valencia Blvd., Suite 302, Santa Clarita, CA 91355. Project Planner: Hai Nguyen, Associate Planner.

Date: March 29, 2022

Mary Cusick, MMC
City Clerk

Published: The Signal, Tuesday, April 5, 2022

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Attachment: Public Notice (Old Town Newhall Specific Plan Update)

ORDINANCE NO. 22-__

AN ORDINANCE OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE 21-089, CONSISTING OF SPECIFIC PLAN AMENDMENT 21-001, AMENDING THE OLD TOWN NEWHALL SPECIFIC PLAN, AS SHOWN IN EXHIBIT A.

THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following findings of fact:

A. Since the Downtown Newhall Specific Plan, which is now referred to as the Old Town Newhall Specific Plan (OTNSP), was adopted in December 2005, the City of Santa Clarita (City) has periodically amended the OTNSP, with the last revision in 2020;

B. Since 2005, the OTNSP has been successful in guiding the redevelopment of the Newhall area and has seen substantial investment by the City and private companies that has transformed Main Street into the City’s Arts & Entertainment District;

C. In 2020, the City applied for and was awarded Senate Bill 2 (SB 2) grant funds. On February 23, 2021, the City awarded a Professional Services Agreement to Dudek for the preparation of updates to the OTNSP;

D. The purpose of this amendment is to memorialize the substantial City investments and build upon what has already been accomplished for the next 15 to 20 years. The proposed 2022 OTNSP Update (2022 Update) will maintain the planning framework of the 2005 OTNSP and its subsequent amendments, while revising specific regulations and adopting new ones to reflect the economic and regulatory realities of 2022. The 2022 Update, included as Exhibit A, consists of the goals to assess and inventory the past public and private accomplishments and fine-tune all four chapters;

E. On March 8, 2021, the City initiated Master Case 21-089, consisting of Specific Plan Amendment (SPA) 21-001, to update the OTNSP;

F. The application was deemed complete on April 7, 2021;

G. The preparation of the original OTNSP involved extensive public engagement, field surveys, stakeholder interviews, and design charrettes that occurred between 2004 to 2005. Input received and lessons learned from these activities shaped the 2005 OTNSP’s policy framework. Building on the success of the 2005 outreach, extensive outreach was conducted for the 2022 Update as follows:

1. On May 5, 2021, staff met with the Downtown Newhall Specific Plan Ad Hoc

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Attachment: Ordinance (Old Town Newhall Specific Plan Update)

Committee to discuss the proposed update. A second meeting was held on January 5, 2022, to discuss the proposed revisions;

2. The first public outreach event was held on June 26, 2021, during the Old Town Newhall Farmers Market, and was structured as a walking tour and survey.

Community members and stakeholders were able to experience first-hand the physical environment of Old Town Newhall through a family-friendly walkabout.

Attendees joining on the walking tour were provided with a map directing them along the route. Approximately 95 participants engaged during the Farmers Market event and tour, with 29 surveys completed;

3. The second public outreach event was held during the Old Town Newhall Farmers Market on October 9, 2021, and was designed as an outdoor exhibition, with concepts, ideas, and questions related to goals forming the 2022 Update. These concepts were built on the input received during the first workshop and survey, and further explored ideas from the previous plan, while introducing new ideas that could be incorporated in the 2022 Update. Input and ideas from participants in the second workshop helped guide the OTNSP as it relates to arts and entertainment, street activations, development processes, linkages to the Metrolink station, and housing opportunities. Approximately 200 participants engaged during the Farmers Market open house/workshop and provided feedback on draft concepts exhibited during the half-day event;

4. Meetings were held with stakeholders to receive input and feedback, including with the Old Town Newhall Association, property owners, merchants, and City Councilmembers;

H. The proposed amendment/2022 Update is attached as Exhibit A;

I. The Planning Commission held a duly noticed public hearing on this issue commencing on March 15, 2022, at, or after, 6:00 p.m., at City Hall, 23920 Valencia Boulevard, Santa Clarita, California;

J. At the hearing described above, the Planning Commission considered a staff presentation, the staff report, and public testimony on the proposed amendment, and in a 5-0 vote, recommended the City Council approve Master Case 21-089, consisting of Specific Plan Amendment 21-001, amending the OTNSP as shown in Exhibit A;

K. The project was duly noticed in accordance with the public hearing noticing requirements of the Unified Development Code (UDC) and a one-eighth page advertisement was placed in The Signal newspaper on April 5, 2022;

L. The City Council held a duly noticed public hearing on this issue commencing on April 26, 2022, at, or after, 6:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa Clarita,

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Attachment: Ordinance (Old Town Newhall Specific Plan Update)

California; and

M. At the hearing described above, the City Council considered a staff presentation, the staff report, and public testimony on the proposed amendment.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the foregoing facts and findings, the City Council hereby finds as follows:

A. The Final EIR (State Clearinghouse No. 2005021012) was certified by the City of Santa Clarita City Council on November 8, 2005, as part of the original OTNSP adoption, in compliance with the California Environmental Quality Act (CEQA);

B. An Addendum to the EIR was prepared for Master Case 21-089 to analyze the proposed modifications to the originally approved OTNSP and its subsequent amendments, to determine whether implementation of the 2022 Update would result in any new significant environmental impacts not identified in the certified EIR, or whether any previously identified significant effects would be substantially more severe under the 2022 Update;

C. The Addendum concludes that the 2022 Update does not require major revisions to the EIR because no new significant impacts or substantial increases in the severity of previously identified significant impacts would occur;

D. The documents and other material which constitute the record of proceedings upon which the decision of the Planning Commission is made is the Master Case 21-089 project file, located within the Community Development Department, and is in the custody of the Director of Community Development; and

E. The City Council, based upon the findings set forth above, hereby finds the EIR Addendum for this project has been prepared in compliance with CEQA.

SECTION 3. GENERAL FINDINGS FOR MASTER CASE 21-089. Based upon the foregoing facts and findings for Master Case 21-089, the City Council hereby finds as follows:

A. The proposal is consistent with the General Plan;

The proposed amendment is consistent with the General Plan because the proposed amendment is contained entirely within the existing OTNSP area, which is called out on the City’s General Plan map and is not proposed to be modified. The 2022 Update maintains the planning framework of the 2005 OTNSP and its subsequent amendments, while revising specific regulations and adding new ones to reflect the economic and regulatory realities of 2022.

B. The proposal is allowed within the applicable underlying zone and complies with all

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Attachment: Ordinance (Old Town Newhall Specific Plan Update)

other applicable provisions of this code;

No construction or development is associated with the proposed amendment and the revisions are considered minor. The proposed amendment does not require a consistency finding with the existing development code because the project would amend/update the OTNSP. While no consistency finding is required, the 2022 Update would not alter any development densities. Updates to the zoning designations includes consolidating the two residential zones into one Neighborhood (N) zone and changing the names for what is now called the Arts & Entertainment (AE) and Creative/Business (CB) zones to be more reflective of the City’s vision for those areas. The changes are in nomenclature and are considered to be minor in nature, making the proposed amendment consistent with these aspects of the development code.

C. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located; and

Nothing contained in the 2022 Update would endanger, jeopardize, or otherwise constitute a hazard to the public. The proposed amendment consists of updates to the OTNSP and are intended to update the planning document to reflect recent laws, development trends, and to clarify portions of the code where there are inconsistencies or ambiguity.

D. The proposal is physically suitable for the site. The factors related to the proposal’s physical suitability for the site shall include, but are not limited to, the following:

1. The design, location, shape, size, and operating characteristics are suitable for the proposed use;

2. The highways or streets that provide access to the site are of sufficient width and are improved as necessary to carry the kind and quantity of traffic such proposal would generate;

3. Public protection service (e.g., Fire protection, Sheriff protection, etc.) are readily available; and

4. The provision of utilities (e.g. potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.) is adequate to serve the site.

No development is proposed, or would be approved by this amendment, and any future development that may occur under the revised amendments would require development review and environmental analysis at the time the projects are submitted. The City

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Attachment: Ordinance (Old Town Newhall Specific Plan Update)

currently receives adequate service from the Los Angeles County Fire Department and the Los Angeles County Sheriff’s Department. The OTNSP area is likewise served by all applicable utilities. Nothing in the 2022 Update would increase the need for fire or police protection services or increase demand for utilities.

SECTION 4. ADDITIONAL FINDINGS FOR SPECIFIC PLAN AMENDMENT (SPA) 21-001. Based upon the foregoing facts and findings for SPA 21-001, the City Council hereby finds as follows:

A. The amendment is consistent with the adjacent area, if applicable; B. The amendment is consistent with the principles of the General Plan;

The proposed amendment is consistent with the adjacent area and consistent with the principles of the General Plan. The 2022 Update would not alter the boundaries of the General Plan Land Use Map or Zoning Map, nor would the proposed amendment change development densities or population projections for the City. Specifically, the proposed amendments would implement the following objectives and policies of the General Plan:

Objective LU 1.2: Maintain the distinctive community character of villages and neighborhoods throughout the planning area by establishing uses, densities, and design guidelines appropriate to the particular needs and goals of each area…
Policy LU 1.2.1: In Newhall, provide opportunities for new business and housing by implementing the Downtown Newhall Specific Plan, provide incentives to promote infill development and re-use of
underutilized sites, and continue to plan for the future development of North Newhall.

Objective LU 4.3: Enhance older commercial and industrial areas.

Policy LU 4.1.4: Promote economic opportunity for all segments of the community, including small businesses and new businesses.

Policy LU 4.3.4: Promote business development that upgrades and revitalizes older commercial corridors, including Lyons Avenue, Railroad
Avenue/Newhall Avenue, Main Street and Soledad Canyon Road, in a manner that reflects reach area’s character, architecture, and history.

The proposed amendment is consistent with the objectives and policies listed above because it provides an updated planning document that is internally consistent, easier to read, and provides clearer direction. The 2022 Update consists of the goals to assess and inventory the past public and private accomplishments and fine-tune all four chapters.

The result would be a more user-friendly Specific Plan for community members, property

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Attachment: Ordinance (Old Town Newhall Specific Plan Update)

owners, developers, and staff. It maintains the planning framework of the 2005 OTNSP and its subsequent amendments and preserves the historic and unique character of Old Town Newhall. The updated language and tone reflect the City’s vision/goal that Old Town Newhall is the City’s Arts & Entertainment District.

C. Approval of the amendment will be in the interest of public health, convenience, safety, and general welfare and in conformity with good zoning practice; D. The amendment is consistent with other applicable provisions of this code; and E. Is necessary to implement the General Plan and/or that the public convenience, the general welfare or good zoning practice justifies such action.

The proposed amendment supports the public health, convenience, safety, and general welfare of the community, and are in conformity with good zoning practice because the proposed amendment is consistent with the City’s vision to preserve the historic and unique character of Old Town Newhall and encourages the growth of the vibrant Arts & Entertainment District.

SECTION 5. ADDITIONAL OLD TOWN NEWHALL SPECIFIC PLAN FINDINGS FOR SPECIFIC PLAN AMENDMENT (SPA) 21-001. Based upon the foregoing facts and findings for SPA 21-001, the City Council hereby finds as follows:

A. OTNSP-1: That the proposed use or project is consistent with the Old Town Newhall Specific Plan; and

B. OTNSP-2: That the proposed use or project meets the development requirements for the zone within which it is located including parking, architecture, and ground-floor uses.

The proposed amendment is consistent with the OTNSP. The updates to the zoning designations, which includes changing the names for what is now called the AE and CB zones, is minor as it does not rezone any properties or expand the OTNSP boundary.

Other updates include changes to various uses in the land use matrix, renaming and consolidating building types, reformatting the architectural style guidelines, and providing new parking strategies. These updates resulted in a Specific Plan that preserves the historic and unique character of Old Town Newhall, encourages the growth of the vibrant Arts & Entertainment District, and is consistent with the City’s vision.

In 2017, the State of California signed SB 2 into law with the purpose of funding and providing technical assistance to all local governments to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production. Updates to Specific Plans are allowed by this grant.

By consolidating two residential zones (Urban General 1 (UG-1) and Urban General 2 zones) into the N zone, it allows for more housing types. Previously, the only building type allowed in the UG-1 zoned properties was single-family house. With the 2022 Update, those same areas would now allow all types of residential building types;

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Attachment: Ordinance (Old Town Newhall Specific Plan Update)

furthermore, it includes more streamlined language, clearer architectural guidelines, and simplified development standards.

The revisions to the OTNSP are minor and do not substantially change the development vision of the OTNSP; therefore, the proposed amendments to the OTNSP are consistent with the findings listed above.

SECTION 6. Based upon the staff report, including the materials considered by and the recommendations made by the Planning Commission, the testimony at the public hearing, and the findings as set forth in this Ordinance, the City Council hereby approves Master Case 21-089, consisting of Specific Plan Amendment 21-001, amending the Old Town Newhall Specific Plan, as shown in Exhibit A.

SECTION 7. If any portion of this ordinance is held to be invalid, that portion shall be stricken and severed, and the remaining portions shall be unaffected and remain in full force and effect.

SECTION 8. This ordinance shall be in full force and effect 30 days from its passage and adoption.

SECTION 9. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law.

PASSED, APPROVED AND ADOPTED this 10th day May, 2022.

______________________________
MAYOR

ATTEST:

CITY CLERK

DATE:________________________

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Attachment: Ordinance (Old Town Newhall Specific Plan Update)

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SANTA CLARITA )

I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 22- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of April 2022. That thereafter, said ordinance was duly passed and adopted at a regular meeting of the City Council on the 10th day of May 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 22- and was published in The Signal newspaper in accordance with State Law (G.C. 40806).

______________________________

CITY CLERK

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Attachment: Ordinance (Old Town Newhall Specific Plan Update)

EXHIBIT A

DRAFT 2022 OLD TOWN NEWHALL SPECIFIC PLAN UPDATE

INCORPORATED BY REFERENCE

DOCUMENT CAN BE FOUND AT
https://oldtownnewhall.com/planupdate/resources/

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Attachment: Ordinance (Old Town Newhall Specific Plan Update) Old Town Newhall Specific Plan (OTNSP) Regional and Area Maps

OTNSP Regional Map

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Attachment: Regional and Area Maps (Old Town Newhall Specific Plan Update) OTNSP Area Map

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Attachment: Regional and Area Maps (Old Town Newhall Specific Plan Update)

Agenda Item: 12

CITY OF SANTA CLARITA

AGENDA REPORT

NEW BUSINESS
CITY MANAGER APPROVAL:

DATE: April 26, 2022
SUBJECT: RESOLUTION TO SUPPORT THE RECALL OF LOS ANGELES

COUNTY DISTRICT ATTORNEY GEORGE GASCON
DEPARTMENT: City Manager's Office
PRESENTER: Laurene Weste

RECOMMENDED ACTION

City Council to discuss and consider adopting a resolution to support the recall of Los Angeles County District Attorney George Gascon.

BACKGROUND

At the March 22, 2022, regular City Council meeting, the City Council requested an item to consider adopting a resolution to support the recall of Los Angeles County District Attorney George Gascon at a future regular City Council meeting.

Following his swearing-in on December 7, 2020, District Attorney Gascon issued nine Special Directives, effective December 8, 2020, and two subsequent amendments, outlining new policies and procedures for the Los Angeles County District Attorney’s Office.

On March 9, 2021, the City Council became the first local government to adopt a resolution of a vote of no confidence in District Attorney Gascon, citing significant concerns and opposition to some of the Special Directives unilaterally adopted in December 2020, including Special Directives 20-06, 20-07, and 20-08.

The following outlines Special Directives 20-06, 20-07, and 20-08:

Special Directive 20-06: Pretrial Release Policy (Elimination of Cash Bail)

• Among other things, Deputy District Attorneys (DDAs) shall not request cash bail for any misdemeanor, non-serious felony, or non-violent felony offense. • DDAs shall not object to the release of anyone currently incarcerated in Los Angeles County on cash bail who would be eligible for release under this Special Directive. 12 Packet Pg. 85

Special Directive 20-07: Misdemeanor Case Management

• The following misdemeanor charges shall be declined or dismissed before arraignment and without conditions unless “exceptions” or “factors for consideration” exist:

o Trespassing, Disturbing the Peace, Driving without a Valid License, Driving on a Suspended License, Criminal Threats, Drug and Paraphernalia Possession, Minor in Possession of Alcohol, Drinking in Public, Under the Influence of Controlled Substance, Public Intoxication, Loitering, Loitering to Commit Prostitution, and Resisting Arrest

• Exceptions and factors for consideration include repeat offenders in the preceding 24 months, however, some misdemeanors listed do not have exceptions or factors of consideration identified.

Special Directive 20-08: Sentencing Enhancements/Allegations

• The following sentence enhancements or sentencing allegations shall not be filed in any cases and shall be withdrawn in pending matters:

• Any prior-strike enhancements, including the Three Strikes Law; STEP Act enhancements (also known as “gang enhancements”); violations of bail; firearm allegations; and Special Circumstances, including Special Circumstances - including lying in wait and murder committed in the attempt to kidnap.

• Amendments 20-08.1 and 20-08.2 were issued on December 15, 2020, and December 18, 2020, to make further clarification of Special Directive 20-08, including:

▪ DDAs may pursue the following allegations, enhancements, and alternative sentencing schemes: Hate Crime, Elder and Dependent Adult Abuse, Child Physical Abuse, Child and Adult Sexual Abuse, Human Sex Trafficking, and Financial crime.

Organizers of the recall effort have until July 6, 2022, to submit 566,857 signatures or 10 percent of the number of registered voters in Los Angeles County to place the recall on the November 8, 2022, ballot. On March 31, 2022, organizers of the recall effort announced they had collected more than 200,000 signatures.

On February 22, 2022, 97.9 percent of members of the Association of Deputy District Attorneys for Los Angeles County (ADDA), which is a collective bargaining agent and represents over 800 Deputy District Attorneys, voted to support the recall of District Attorney Gascon. Additionally, on March 23, 2022, the Santa Clarita Valley Chamber of Commerce voted to support the recall effort.

Since the City Council’s actions in March 2021, over 30 other cities have also adopted a vote of 12 Packet Pg. 86

no confidence in District Attorney Gascon, resulting in over one-third of all cities in Los Angeles County adopting a vote of no confidence in District Attorney Gascon.

Cities that have joined the City of Santa Clarita in adopting a vote of no confidence in District Attorney Gascon include Arcadia, Artesia, Azusa, Beverly Hills, Cerritos, Covina, Diamond Bar, Downey, Hidden Hills, La Canada Flintridge, La Habra Heights, La Mirada, La Verne, Lakewood, Lancaster, Manhattan Beach, Monrovia, Norwalk, Palmdale, Palos Verdes Estates, Pico Rivera, Rancho Palos Verdes, Redondo Beach, Rosemead, San Dimas, San Gabriel, Santa Fe Springs, South Gate, Temple City, Torrance, Walnut, West Covina, and Whittier.

Furthermore, on May 11, 2021, the City Council authorized a five-signature letter to the Los Angeles County Board of Supervisors, requesting support in urging the District Attorney’s Office to file sentence enhancements in the local murder of Michelle Dorsey. Ms. Dorsey was a resident of Santa Clarita and the victim of domestic violence who was ultimately murdered at the hands of her estranged husband with her children in the home.

Following this devastating crime, the District Attorney’s Office filed five counts against the accused murderer, but did not file any sentencing enhancements. By failing to file any sentencing enhancements, Mr. James Mathew Dorsey evaded a life sentence without the possibility of parole and instead will be eligible for parole in 19 years. If sentence enhancements were applied, consistent with state law and findings related to the murder of Ms. Dorsey, including Special Circumstances of lying in wait and murder committed in the attempt to kidnap, the potential maximum sentence for the accused murderer would have been a life sentence without the possibility of parole.

Moreover, the directives issued by District Attorney Gascon have resulted in a significant increase in repeat offenders, predominantly due to the historically high level of cases declined by the District Attorney’s Office. In 2021, the District Attorney’s Office declined to prosecute approximately 62 percent of all cases reported by the Santa Clarita Valley Sheriff’s Station. This is an estimated 35 percent increase in the rate of declined cases in comparison to the previous two district attorneys, Steve Cooley and Jackie Lacey. Subsequently, repeat offenders represent approximately one-third of all arrests made in the City.

Furthermore, Part I crimes within the jurisdiction of the Santa Clarita Valley Sheriff’s Station have increased by approximately 25 percent in the last year. Part I crimes that have increased within the past year include aggravated assault, burglary, grand theft auto, and arson.

The aforementioned Special Directives issued by District Attorney Gascon have exacerbated serial crimes, as many individuals are not prosecuted for the crimes they have committed and never receive any rehabilitation. These special directives exclusively aim to reduce the number of incarcerated individuals, with no regard for adequate social and rehabilitative infrastructure, including development and implementation of educational programs, vocational trainings, counseling, and supervision. As a result, District Attorney Gascon’s administration has perpetuated an environment that lacks adequate, if any, consequences for those committing crimes.

The District Attorney’s Office has a legal and ethical responsibility to execute laws enacted by 12 Packet Pg. 87

voters and the legislature that are intended to protect the public and uphold prosecutorial policies. However, the Special Directives unilaterally issued by District Attorney Gascon undermine the legislative and ballot process and risk safety of the general public.

A resolution is attached, should the City Council choose to consider.

ALTERNATIVE ACTION

Other direction, as provided by the City Council.

FISCAL IMPACT

There is no fiscal impact from consideration of the attached Resolution.

ATTACHMENTS
DA Gascon - Resolution to Support the Recall
12 Packet Pg. 88

RESOLUTION NO. 22- ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,

CALIFORNIA, TO SUPPORT THE RECALL OF LOS ANGELES COUNTY

DISTRICT ATTORNEY GEORGE GASCON

WHEREAS, the City of Santa Clarita, California, values and places the highest priority on public safety and protecting its community; and

WHEREAS, the City of Santa Clarita, California, emphasizes supporting public safety policies to prevent and reduce criminal activity in its adopted 2022 Executive and Legislative Platform; and

WHEREAS, Los Angeles County District Attorney George Gascon unilaterally issued a series of Special Directives in December 2020, including Special Directives 20-06, 20-07, and 20-08; and

WHEREAS, Special Directive 20-06 eliminates cash bail for any misdemeanor, non- serious felony, or non-violent felony offense; and

WHEREAS, Special Directive 20-07 declines or dismisses several misdemeanor charges, including trespassing, disturbing the peace, criminal threats, drug and paraphernalia possession, under the influence of a controlled substance, public intoxication, and resisting arrest; and

WHEREAS, Special Directive 20-08 eliminates several sentence enhancements, including the Three Strikes Law, gang enhancements, and violations of bail; and

WHEREAS, some of the Special Directives issued by Los Angeles County District Attorney George Gascon, violate state law, which were enacted through the legislative or ballot initiative process to prevent and prosecute crime and protect the general public; and

WHEREAS, the Special Directives listed in this resolution undermine the legislative and ballot initiative process and risk safety of the general public; and

WHEREAS, it is of the utmost importance for the City of Santa Clarita, California, that policies that aim to restructure or amend prosecutorial directives are consistent with state law and issued with reasonable intent and priority to enhance public safety and protect the general public and victims’ rights; and

WHEREAS, on March 16, 2021, the City Council of the City of Santa Clarita adopted Resolution No. 21-7, becoming the first City to adopt a vote of no confidence in Los Angeles County District Attorney George Gascon; and

WHEREAS, local and regional crime has increased in the last year, including serial and organized crimes related to assault, burglary, grand theft auto, and arson; and

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Attachment: DA Gascon - Resolution to Support the Recall (Resolution to Support the Recall of District Attorney George Gascon)

WHEREAS, the leadership and directives of Los Angeles County District George Gascon have exacerbated serial crime rates, as many individuals are not prosecuted for the crimes they commit and never receive any needed treatment or rehabilitation, further perpetuating an environment of lawlessness and injustice.

NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows:

SECTION 1. The Santa Clarita City Council affirms support for the recall of Los Angeles County District Attorney George Gascon and hereby directs staff transmit said resolution to applicable and interested offices and organizations.

SECTION 2. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED, AND ADOPTED this 26th day of April 2022.

______________________________
MAYOR

ATTEST:

_______________________________

CITY CLERK

DATE:__________________________

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Attachment: DA Gascon - Resolution to Support the Recall (Resolution to Support the Recall of District Attorney George Gascon)

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SANTA CLARITA )

I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 22- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 26th day of April 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

______________________________

CITY CLERK

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Attachment: DA Gascon - Resolution to Support the Recall (Resolution to Support the Recall of District Attorney George Gascon)

Agenda Item: 13

CITY OF SANTA CLARITA

AGENDA REPORT

NEW BUSINESS
CITY MANAGER APPROVAL:

DATE: April 26, 2022
SUBJECT: FIRST READING OF AMENDMENTS TO THE CITY'S MUNICIPAL CODE TO INCLUDE: AMENDING CHAPTER 11.37 (PEDDLERS,

SIDEWALK VENDORS, AND SOLICITORS), AMENDING
CHAPTER 14.02 (DEFINITIONS), AND CHAPTER 14.06 (PARKS

AND PUBLIC PLACES RULES AND REGULATIONS)
DEPARTMENT: Community Development
PRESENTER: Michael Villegas

RECOMMENDED ACTION

City Council:

1. Introduce and pass to second reading an ordinance entitled, “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 11.37 (PEDDLERS, SIDEWALK VENDORS, AND SOLICITORS) OF THE SANTA CLARITA MUNICIPAL CODE.”

2. Introduce and pass to second reading an ordinance entitled, “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 14.02 (DEFINITIONS) AND CHAPTER 14.06 (PARKS AND PUBLIC PLACE RULES AND REGULATIONS) OF THE SANTA CLARITA MUNICIPAL CODE.”

3. Authorize an increased spending authority of $30,000 to the Citywide security services contract with Select Patrol Agency, Inc., for security services related to the unpermitted vending pilot program, bringing the total not to exceed base annual contract inclusive of contingency to $751,807; and authorize a one-time appropriation of $30,000 from the General Fund Balance (Fund 100) to Community Preservation Contractual Services expenditure account 1003200-516101.

4. Authorize the City Manager or designee to execute all contracts, amendments, and associated documents, subject to City Attorney approval.

x
13 Packet Pg. 92

BACKGROUND

The City of Santa Clarita (City) regularly reviews the Santa Clarita Municipal Code (SCMC) to ensure it reflects the needs of the community, is current with federal, state, and local legislation, and is consistent with the direction of the City Council. Over the last several months, staff has conducted a thorough review of the SCMC and has identified several chapters and sections which require updates based on challenges facing our communities.

Chapter 11.37 (Peddlers, Sidewalk Vendors, and Solicitors):

Senate Bill 946 (SB 946), known as the Safe Sidewalk Vending Act, was authored by Senator Ricardo Lara (D-Bell Gardens) and went into effect on January 1, 2019. SB 946 limits cities’ regulation of sidewalk vending to only those restrictions that are directly related to objective health, safety, or welfare concerns.

In response to SB 946, the City Council approved the Sidewalk Vending Program (Program) in December 2018, which took effect on January 10, 2019. The Program allows sidewalk vendors to operate legally with the issuance of a valid Los Angeles County Health Permit, a Los Angeles County Business License, and a City Peddler Permit, among other requirements. Since the Program was implemented, the City has approved nine sidewalk vendors, with five currently maintaining active permits, including two fruit carts, two flower merchants, and one book vendor. Even so, unpermitted vending has been, and continues to be, a significant challenge Citywide, particularly in the evening hours, seven days a week.

Since January 2019, the City’s Code Enforcement Program (Code Enforcement) has addressed approximately 400 cases of unpermitted vending, with approximately 215 during the last 12 months. As a result of the decriminalization of sidewalk vending, violations of the Program are limited to administrative citations, which have no recourse, making compliance difficult and providing little incentive to follow City regulations. To mitigate unpermitted vending Citywide, Code Enforcement staff conducts proactive inspections during standard business hours, seven days a week. In 2021, staff also conducted over 85 overtime inspections Citywide to help mitigate the growing impact to our communities, but has little success. Most unpermitted vendors wait until overtime shifts have ended or cease operations for the night and return the following day.

To help better manage the Program, while maintaining the health and safety of our communities, several changes are being proposed to Chapter 11.37 of the SCMC. These amendments provide clarity to some sections within Chapter 11.37 from the last revision, while providing additional enforcement mechanisms to better manage the growing number of unpermitted vendors. The following is a summary of the proposed changes:

• Establishes a list of prohibited items
• Provides additional clarity on prohibited locations and/or minimum distance requirements • Limits approved vendors’ ability to establish multiple sites without approval • Establishes design and dimension requirements
• Limits the numbers of items sold by one vendor
• Establishes revocation and denial standards
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• Authorizes the impoundment of vending equipment

The most significant, and noteworthy change, is the impounding of vending equipment which constitutes an immediate threat or hazard to persons or property. If confiscated, all items will be properly documented and stored for up to 60 days before being discarded. Confiscated items may be recovered, with proof of ownership, as early as 5:00 p.m. the following business day.

The complete list of redline changes to SCMC Chapter 11.37 is included as Exhibit A, attached to the ordinance.

In addition to the recommended updates, and to help combat the growing number of unpermitted vendors, staff is requesting the approval of funding for a 90-day Security Services Pilot Program.

If approved, the City would use its existing security contract to hire two security officers to patrol “hot spot” locations in the Newhall and Canyon Country communities. One officer would be dedicated to each community and actively patrol from approximately 5:00 p.m. to 2:00 a.m., seven days a week. These efforts would supplement the proactive efforts of Code Enforcement staff and would effectively provide coverage from 7:30 a.m. – 2:00 a.m. daily.

Chapter 14.06 (Park and Public Place Rules and Regulations):

The recommended updates to SCMC Chapter 14.06 aim to preserve the quality of life in our communities, while ensuring the health and welfare of homeless individuals attempting to camp in high-fire zones, near freeway entrances, and other areas which may cause an impediment to individuals covered under the Americans with Disabilities Act (ADA) or others persons.

Homelessness continues to be a major issue facing many communities across California, including Santa Clarita. Many factors have contributed to the increase in homelessness in the state, including a combination of a lack of affordable housing, case management services, mental health services, and the COVID-19 pandemic, along with major legislative changes to reduce the overall prison population (Assembly Bill 109 and Propositions 47 and 57). To combat this, the City Council has donated more than $3 million worth of property to Bridge to Home and Family Promise of Santa Clarita Valley to develop a permanent, year-round shelter and affordable housing in the community, both of which held ground-breaking ceremonies in recent months.

In addition, the City has facilitated the Community Taskforce on Homelessness, which has worked diligently over the past several years on both short- and long-term solutions for homelessness in Santa Clarita. Despite these efforts, however, Code Enforcement has seen a sharp increase in homelessness Citywide.

Over the last 12 months, Code Enforcement has addressed 380 homeless cases, abated over 75 high-risk encampments, and conducted well over 400 inspections Citywide. In addition to this, Code Enforcement currently monitors approximately 40 active encampment sites Citywide. The location of these encampments varies and include, but are not limited to, public parks, public rights-of-way, and the Santa Clara riverbed. Many of these site locations create safety hazards for not only Santa Clarita residents, but those individuals experiencing homelessness.

With an overwhelming majority of Santa Clarita being located within a Very High Fire Hazard Severity Zone, as designated by the California Department of Forestry and Fire Protection. The 13 Packet Pg. 94

increased risk of wildfire from unpermitted heat sources and use or collection of flammable materials, as well as the recent fires originating in local encampments of unhoused individuals, has necessitated emergency evacuation and clean-up efforts and threatened the health, safety, and welfare of all Santa Clarita residents (and residents of neighboring communities). This includes a large portion of the Santa Clara riverbed. For these reasons, staff is recommending some key changes to Chapter 14.06, including the following:

• Prohibits camping in hazard or very-high fire hazard severity zones • Establishes minimum distance requirements to comply with ADA laws and to enhance the safety of residents and those individuals experiencing homelessness • Reduces the standard noticing requirements for abatement from 72 hours to 24 hours • Reduces the storage of personal property from 90 days to 60 days

The most significant and noteworthy changes are the reduced noticing requirements and storage of personal property. Although state law requires 24-hour noticing, the City has traditionally provided 72 hours for individuals to collect personal property from encampments posted for abatement. However, with the increased homeless population, especially those along public rights-of-way, a 72-hour notice hinders staff’s ability to properly protect the health and safety of Santa Clarita residents. It should be noted that the City will continue to provide 72-hour noticing, when appropriate.

Like the noticing requirement, state law requires the storage of personal property for up to 60 days; however, Santa Clarita has always provided 90 days. However, with limited storage space and almost no items being reclaimed over the last two years, City staff is recommending to reduce the storage time to 60 days.

The complete list of redline changes to SCMC Chapter 14.06 is included as Exhibit B, attached to the ordinance.

If the all aforementioned changes are approved by the City Council, they will be brought back for a second reading on May 10, 2022, and will take effect on June 9, 2022.

ALTERNATIVE ACTION

Other action as determined by the City Council.

FISCAL IMPACT

Upon approval of the recommended actions, adequate funding will be available to facilitate the Security Services Pilot Program in Community Preservation Contractual Services Expenditure Account 1003200-516101.

ATTACHMENTS
Ordinance - Chapter 11.37 with Redline
Ordinance - Chapters 14.02 and 14.06 with Redline
13 Packet Pg. 95

ORDINANCE NO. 22-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 11.37 (PEDDLERS, SIDEWALK VENDORS,

AND SOLICITORS) OF THE SANTA CLARITA MUNICIPAL CODE

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings.

A. The ordinance amends Chapter 11.37 regarding “Peddlers and Solicitors.” On September 18, 2018, Governor Brown signed into law Senate Bill (SB) 946, which adopts state law that imposes limits on how local authorities, including cities, may regulate sidewalk vending. SB 946 is codified in Government Code 51036.

B. Among other things, SB 946 limits a city’s regulation of sidewalk vending to restrictions that are directly related to objective health, safety, or welfare concerns, and prohibits punishment for street vending-related violations unless it is through a civil fine.

C. SB 946 also recognizes that California has an interest in the regulation of traffic, to ensure the appropriate flow of traffic and the safety of pedestrians on the road or the sidewalk, and has acknowledged that there are regulations directly related to objective health, safety, or welfare concerns that a city may adopt, which include, but are not limited to, regulations concerning hours of operation, sanitation, sidewalk access, health and vendor permits, compliance with other generally applicable laws, registration requirements, and interference with other special events or permitted activities.

D. On December 11, 2018, the City Council passed and established the Sidewalk Vending Program, which governs sidewalk vendors operating within the City of Santa Clarita (City), and imposes sidewalk vending regulations that are consistent with state law, while maintaining regulations that are directly related to the objective health, safety, and welfare of the City.

E. Despite the City’s efforts through the Sidewalk Vending Program, unpermitted vending continues to be a growing issue in Santa Clarita communities, and the recommended changes, as outlined in Exhibit A, are needed to further preserve and protect the health, safety, and welfare of residents.

SECTION 2. Chapter 11.37 of the Santa Clarita Municipal Code, entitled “Peddlers, Sidewalk Vendors, and Solicitors,” is hereby amended to read in its entirety as shown in Exhibit A of the ordinance, which is attached hereto.

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Attachment: Ordinance - Chapter 11.37 with Redline (First Reading of Amendments to the SCMC)

SECTION 3. If any section, subsection, sentence, clause, phrase, part, or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional.

SECTION 4. This ordinance shall be in full force and effect thirty (30) days from its passage and adoption.

SECTION 5. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law.

PASSED, APPROVED, AND ADOPTED this 10th day of May 2022.

______________________________
MAYOR

ATTEST:

CITY CLERK

DATE: ___________________________

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Attachment: Ordinance - Chapter 11.37 with Redline (First Reading of Amendments to the SCMC)

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SANTA CLARITA )

I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the forgoing Ordinance 22-____ was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 26nd day of April 2022. That thereafter, said ordinance was duly passed and adopted at a regular meeting of the City Council on the 10th day of May 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 22- and was published in The Signal newspaper in accordance with State Law (G.C. 40806).

______________________________

CITY CLERK

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Attachment: Ordinance - Chapter 11.37 with Redline (First Reading of Amendments to the SCMC)

EXHIBIT A:

REDLINED PRIOR

ORDINANCE

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Attachment: Ordinance - Chapter 11.37 with Redline (First Reading of Amendments to the SCMC)

Chapter 11.37

PEDDLERS, SIDEWALK VENDORS, AND SOLICITORS
Sections:

11.37.010 Definitions.

11.37.020 Identification, License, and Permit(s) Required.

11.37.030 Exemptions.

11.37.040 Claims of Exemption.

11.37.050 General Soliciting Regulations.

11.37.060 General Sidewalk Vending Regulations.

11.37.070 General Peddling Regulations.

11.37.080 Peddlers of Prepared Food Products from Motor Vehicles Permitted.

11.37.090 Violation—Penalty.
* Prior ordinance history: Ords. 94-11 and 96-34.

11.37.010 Definitions.

For purposes of this chapter, the following definitions apply:
“Cart” means any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and includes a stationary cart or a mobile cart as defined in this section. “Charitable purpose” means any tax exempt purpose or function as specified in Article I of Chapter 4 of the California Revenue and Taxation Code (Section 23701 and following). “City Manager” means the City Manager or designee.
“Commercial peddling” means any peddling that is not for a charitable purpose or does not involve expressive merchandise.
“Enforcement Officer” means any sworn peace officer, City Code Enforcement Officer, or City employee or agent with the authority to enforce any provision of this code. “Expressive merchandise” means merchandise bearing an express or obvious ideological, philosophical, political, or religious message that is inextricably intertwined with other forms of protected expression as recognized under the California Constitution or the United States Constitution. “Fixed place of business” means the premises in the City occupied for a period of not less than sixty (60) days for the particular purpose of conducting business, and regularly kept open for at least twenty (20) hours every week.
“Food” means any type of edible substance or beverage.

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Attachment: Ordinance - Chapter 11.37 with Redline (First Reading of Amendments to the SCMC)

“Goods” or “merchandise” means any item that is not food and do not include services. “Health permit” means a public health permit issued from the County of Los Angeles Department of Public Health for prepared food products defined in this section. “Impound” means to seize or take custody of vending equipment, carts, goods, or merchandise b ecause of an infringement of a law or regulation.
“License” means a peddler’s or solicitor’s license issued from the County of Los Angeles Treasurer and Tax Collector.
“Mobile cart” means a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance used by a roaming sidewalk vendor as defined in this section.
“Parkway(s)” means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and maintaining s treet trees. “Peddle(s)” or “peddling” means to sell and make immediate delivery, or offer for sale and immediate delivery, any edible product, goods, merchandise, ware or thing, in possession of the seller, at any place within the City other than from a fixed place of business. “Peddler(s)” means any person who peddles as defined in this section. “Person” or “persons” means one (1) or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs, or organizations composed of two (2) or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity. “Prepared food products” means any liquids or edibles for human consumption that are prepackaged or in sealed containers, or are prepared for consumption at the location of the sale. For the purposes of Section 11.37.080, the term “prepared food products” includes the incidental sale of fruits and vegetables that are not prepackaged or in sealed containers; provided, that such fruits and veg etables consist of no more than ten percent (10%) of the peddler’s total prepared food products offered for sale. “Public right-of-way” means the area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads within the City that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, and streets. “Roaming sidewalk vendor(s)” has the same meaning as set forth in Government Code Section 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction. “Sidewalk” means any surface in the public right-of-way provided for the use of pedestrians. “Sidewalk vendor(s)” or “sidewalk vend(s)” means a person who sells food or merchandise from a pushcart, stand, equipment, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. “Sidewalk vendor” includes “roaming sidewalk vendor” and “stationary sidewalk vendor.” “Sidewalk vendor permit ” means a permit related to the use of a cart that is issued by the City in accordance with this chapter.

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Attachment: Ordinance - Chapter 11.37 with Redline (First Reading of Amendments to the SCMC)

“Solicit” or “soliciting” means to:

1. Sell or take orders or offer to sell or take orders, for any edible product, goods, merchandise, ware or thing, for future delivery, or for services to be performed; or

2. Distribute advertising material or samples; or

3. Request contributions, either directly or indirectly, at any place within the City other than a fixed place of business.
“Solicitor(s)” means a person who solicits as defined in this section. “Stationary cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, that is intended to be operated from a fixed location by a stationary s idewalk vendor instead of being moved from place to place, where stops are limited to completing a transaction. “Stationary sidewalk vendor” has the same meaning as set forth in Government Code Section 51036(c), and includes a sidewalk vendor who vends from a fixed location. “Vend(s)” or “vendor” or “vending” means any person who peddles or sidewalk vends as defined in this section.
“Vending Equipment” means any nonmotorized conveyance used by a sidewalk vendor necessary to vend to include, but not limited to a(n); appliance, apparatus, cooker, pushcart, stand, table, display, pedal-driven cart, wagon, showcase, rack, or device.

To the extent any of the definitions in this section conflict with the definitions contained in Title 7 of the Los Angeles County Code, which the City has adopted by reference in Chapter 5.02 of this code, the definitions in this section will control. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18)

11.37.020 Identification, License, and Permit(s) Required.

A. Peddler’s and Solicitor’s License. No person may peddle, sidewalk vend, or solicit unless such person has a valid peddler’s or solicitor’s license, as applicable, issued by the County of Los Angeles Treasurer and Tax Collector on behalf of the City under Title 5 of this code and Title 7 of the Los Angeles County Code prior to operation.

B. Sidewalk Vendor Permit. In addition to the required peddler’s license, any person that sidewalk vends shall also obtain a valid sidewalk vendor permit issued by the City prior to operation. To obtain or to renew a sidewalk vendor permit, a sidewalk vendor must provide the following as part of their application:

1. The legal name, date of birth, current mailing address and telephone number of the applicant;

2. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;

3. Whether the applicant is seeking authorization to operate as a r oaming sidewalk vendor or a stationary sidewalk vendor;

4. A description of the food and/or merchandise the applicant proposes to vend.

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Attachment: Ordinance - Chapter 11.37 with Redline (First Reading of Amendments to the SCMC)

5. A description of any vending equipment or cart the applicant intends on using in conjunction with the vending operation – including measurements of the height, width, and depth of the vending equipment or cart;

6. A description, map, or drawing of the areas/route in which the applicant proposes to vend;

7. The hours per day and the days per week during which the applicant proposes to vend;

8. A copy of a current and valid California seller’s permit issued to the applicant by the California Department of Tax and Fee Administration pursuant to California Revenue and Taxation Code Section 6067 (or any subsequently adopted amendment thereto);

9. If the applicant proposes vending food, a certification of completion of a food handler course and proof of all required approvals from the Los Angeles County Department of Public Health – including a copy of the applicant’s current and valid Los Angeles County Health Permit;

10. A copy of the applicant’s driver’s license or identification card issued by the State of California, taxpayer identification number, or an identification card issued by another municipa lity;

11. Proof of comprehensive liability insurance in an amount not less than one million dollars ($1,000,000.00). Such insurance shall name as additional insured the City of Santa Clarita, its officers and employees, and shall further provide that the policy shall not terminate or be cancelled without thirty (30) days’ advance written notice to the City of Santa Clarita;

12. An 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 vending location;

13. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and

14. Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vending activities.

1. Valid identification, such as a state of California identification;

2. The name, address, and telephone number of the sidewalk vendor;

3. Proposed hours of operation;

4. Proposed location of operation;

5. Whether the sidewalk vendor intends to operate a stationary cart or a mobile cart;

6. The type of merchandise offered for sale or exchange;

7. Proof of a valid peddler’s license issued from the County of Los Angeles Treasurer and Tax Collector;

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Attachment: Ordinance - Chapter 11.37 with Redline (First Reading of Amendments to the SCMC)

8. Proof of a valid public health permit issued from the County of Los Angeles Department of Public Health for prepared food products for peddling or sidewalk vending, if applicable;

9. Proof of liability insurance;

10. Payment of an application or renewal fee;

11. A valid California Department of Tax and Fee Administration seller’s permit and additional licenses from state or local agencies to the extent required by law;

12. A declaration that the information provided is true, correct, and indemnifies the City from liability; and

13. Any other information, including operations-related information, as may be required by City rules and regulations in this chapter.

C. Health Permit for Peddlers and Sidewalk Vendors of Prepared Food Products. In addition to the required peddler’s license or sidewalk vendor permit, any person that peddl es or sidewalk vends prepared food products shall also obtain the applicable public health permit issued by the County of Los Angeles Department of Public Health on behalf of the City prior to operation.

D. Possession of Peddler’s or Solicitor’s License. Every peddler, sidewalk vendor, or solicitor must maintain an original copy of their valid peddler’s or solicitor’s license on their person at all times while peddling, sidewalk vending, or soliciting, and, upon request, must show such license to any Enf orcement Officer, or any person to whom they are peddling, sidewalk vending, or soliciting in the City.

E. Possession of Sidewalk Vendor Permit. Every sidewalk vendor must maintain an original copy of their valid sidewalk vendor permit on their person at all times while sidewalk vending, and, upon request, must show such permit to any Enforcement Officer, or any person to whom they are sidewalk vending in the City.

F. Possession of Health Permit. Every peddler and sidewalk vendor of prepared of food p roducts must maintain an original copy of their valid public health permit on their person at all times while peddling or sidewalk vending, and, upon request, must show such permit to any Enforcement Officer, or any person to whom they are peddling or sidewalk vending.

G. Possession of Identification. Every peddler, sidewalk vendor, or solicitor must, upon request, show their valid California identification to any Enforcement Officer, or any person to whom they are peddling, sidewalk vending, or soliciting.

H. License and Permit Expiration. Peddler’s and solicitor’s licenses, and public health and sidewalk vendor permits, will expire one (1) year after the date of issuance.

I. Transfer of License or Permit. Peddler’s and solicitor’s licenses, and public health and sidewalk vendor permits, are not transferable.

J. Renewal of License or Permit after Revocation. A person whose peddler’s or solicitor’s license, or public health or sidewalk vendor permit, is revoked may not renew their license or permi t for one (1) year from the date it is revoked. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18)

11.37.030 Exemptions.

The provisions of this chapter do not apply to:

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Attachment: Ordinance - Chapter 11.37 with Redline (First Reading of Amendments to the SCMC)

A. Soliciting conducted solely by means of facsimile machines, the Internet, newspapers, magazines, radio, television broadcasts, telephone, or through the United States mail.

B. Charitable soliciting that is conducted among the members of the soliciting group by other members, whether at regular assemblies, service, or otherwise.

C. Soliciting, on premises owned or controlled by the solicitor.

D. Soliciting that is subject to disclosure under state or federal political disclosure laws.

E. Soliciting by commercial sales agents or representatives selling goods wholesale to dealers for resale, or to manufacturers for manufacturing purposes, or to bidders for public works or supplies.

F. Farmers selling farm products produced by them. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18)

11.37.040 Claims of Exemption.

Any person claiming to be exempt from any of the provisions of this chapter, including the identification, licensing, and permitting requirements, must cite to the City Manager or designee the statute or other legal authority under which such exemption is claimed and present proof of qualification for such exemption. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18)

11.37.050 General Soliciting Regulations.

Solicitors must comply with the following regulations when soliciting:

A. Hours. Except as otherwise authorized under this code, soliciting may only take place between the hours of eight a.m. and sunset.

B. Minors. Any solicitor under the age of eighteen (18) years must be accompanied by an adult who holds a valid solicitor’s license in accordance with Section 11.37.020.

C. Premises Posted for No Soliciting. No soliciting is permitted at any house, apartment, or other dwelling unit, or at any commercial premises where a sign is displayed in public view indicating “no solicitors or peddlers,” or where there is a similar indication that no soliciting is desired by the owners or occupants of the premises, except with the prior consent or at the invitation of the owners or occupants.

D. Aggressive Solicitation. No solicitor may persistently and importunely engage in soliciting with a person after that person has indicated that he or she is not interested in the solicitati on.

E. Refusal to Leave Premises. No solicitor may refuse to leave any residential or commercial premises when requested to leave by an owner, occupant, or responsible person for such premises.

F. Obstruction of Movement. No solicitor may intentionally and deliberately obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18)

11.37.060 General Sidewalk Vending Regulations and Conditions Imposed on Permit.

Sidewalk vendors must comply with the following regulations when vending: All sidewalk vendors shall comply with the following sidewalk vending regulations set forth in this part, and all restrictions, limitations, prohibitions, and sidewalk vending regulations set forth in this part shall constitute conditions upon any sidewalk vending permit issued pursuant to this part.

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A. Except as otherwise authorized under this code, including the issuance of any applicable tem porary use, special event, or conditional use or event permit, no person may engage in sidewalk vending on any public right-of-way in the City without first obtaining and having in possession a valid peddler’s license, public health permit, and sidewalk vending permit.

B. Hours. Except as otherwise authorized under this code, sidewalk vending shall only take place between the hours of eight a.m. and sunset on sidewalks, and between the hours of sunrise and ten p.m. in City parks, or when posted closed or within specific hours, except as authorized by the City Manager or designee. For sidewalk vending in nonresidential areas, the City Manager or designee may limit the hours of operation in a manner consistent with other businesses or uses on the same stree t(s) in those nonresidential areas.

C. Minors. Any sidewalk vendor under the age of eighteen (18) years must be accompanied by an adult who possesses a valid sidewalk vendor permit in accordance with Section 11.37.020.

D. Aggressive Vending. No sidewalk vendor may persistently and importunely engage in vending with a person after that person has indicated that he or she is not interested in the things being vended.

E. Refusal to Leave Premises. The City may request the sidewalk vendor remove any vending equipment or cart if the cart is it is creating an imminent safety hazard or is placed within a prohibited area as set forth in this chapter. If the sidewalk vendor refuses to remove the vending equipment or cart, or if left the cart has been abandoned, the City may remove the vending equipment or cart and dispose of the vending equipment or cart after providing at least a ninety sixty (9060) day notice of redemption to the address associated with the public health permit or peddler’s license identified on the vending equipment or cart, if any, or if left unclaimed for ninety (9060) days from the date of removal.

F. Obstruction of Movement. No sidewalk vendor may intentionally and deliberately obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally.

G. Operational Requirements. AAny vending equipment or cart used for sidewalk vending shall be placed and used at all times in compliance with the terms and conditions of their public health permit, peddler’s license, and sidewalk vendor permit, and all other applicable laws and regulations, including, but not limited to, the following:

1. Prominently display their valid public health permit and peddler’s license on the vending equipment or cart used for sidewalk vending.

2. Maintain a clean and trash-free ten (10) foot radius from a stationary vending equipment or cart during hours of operation, and must leave the area clean at all times.

3. Provide a trash receptacle for customers and ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash.

4. Shall not sidewalk vend to customers in moving vehicles.

H. Vending in Residential Zoned Areas. No stationary vending equipment or cart shall be used to vend within a residential zoned area. However, a sidewalk vendor may use a mobile cart within a res idential zone, and shall move continuously except when necessary to complete a sale.

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I. Vending next to School. No sidewalk vending is permitted within one thousand (1,000) feet from any school property boundary while children are going to or leaving such school during opening or closing hours, or during the noon or lunchtime recess period.

J. Prohibited Items. There is a prohibition on the selling of counterfeit products, secondhand items, animals, items that will exceed the surface area of sidewalk vending equipment, drugs, medicine, chemicals, lottery tickets, weapons, alcohol, fireworks, cannabis or cannabis products, industrial hemp products, adult-oriented material, tobacco, tobacco-related products, or any other items that are deemed unsafe.

JK. Prohibitions on Placement of Stationary Vending Equipment and Mobile Carts. No sidewalk vendor shall place or leave any vending equipment or cart in a manner that obstructs vehicular or pedestrian traffic, or creates visibility, sight line, or accessibility issues, and includes the following:

1. Within fifty (50) feet of any other sidewalk vendor.

2. Within twenty-five (25) feet of a street corner, controlled intersection, traffic signal, or crosswalk.

3. Within fifteen (15) feet of any fire hydrant, fire-call box, or other emergency facility.

4. Within ten (10) feet of any bus stop, bus bench, or bus shelter.

5. Within ten (10) twenty-five (25) feet of a driveway or driveway apron.

6. Within eighteen (18) inches from the edge of the curb.

7. Within fifteen (15) feet of an automated teller machine.

8. Within one-hundred (100) feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public.

9. Within twenty-five (25) feet of an alley way.

10. Within fifteen (15) feet of a handicapped parking space or access ramp.

11. Within fifty (50) feet of a freeway entrance or freeway exit.

12. Within twenty-five (25) feet of City-owned parking lots or structures.

13. Within two-hundred and fifty (250) feet of a Santa Clarita Marathon marked route on the days of the event.
714. Where placement impedes the flow of vehicular traffic or parking, such as on public streets or public highways, or would cause vehicles to stop in traffic lanes. 815. Where placement impedes the accessible route and flow of pedestrians by reducing the clear width space on a public sidewalk to less than four (4) feet, or impedes access to or the use of abutting property, including, but not limited to, residences and places of business, in accordance

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with the Americans with Disabilities Act (ADA). The clear width of the sidewalk shall be four (4) feet minimum, exclusive of the width of the curb.
916. No cart or accessory equipment of a sidewalk vendor may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way or left unattended, unless as permitted by the City.
1017. Notwithstanding any specific prohibitions in this section, no sidewalk vendor may install, use, or maintain avending equipment or cart where placement endangers the safety of persons or property, such as on parkways or other landscape-maintained areas.

L. Stationary sidewalk vendors shall only conduct vending operations at the location approved by the Community Preservation Division, consist with State law and the standards and provisions of this chapter, and shall display a City-issued sidewalk vending permit on the street-side portion of the City-approved vending equipment or cart
M. Roaming sidewalk vendors shall only conduct vending operations along the route approved by the Community Preservation Division, consist with State law and the standards and provisions of this chapter, and shall display a City-issued sidewalk vending permit on the City-approved vending equipment or cart; or, if no vending equipment or cart is utilized, a roaming sidewalk vendor shall keep the City -issued sidewalk vending permit upon his or her person at all times while conducting vending operations.

N. Design and Dimension Requirements. While in use, any vending equipment or cart used for sidewalk vending shall be placed and used at all times in compliance with following provisions.

1. While in operation, all sidewalk vending equipment must not exceed at maximum of four (4) feet in width and a maximum of six (6) feet in length.

2. All roaming sidewalk vendors must maintain an unobstructed view over four (4) feet in height from the ground to the tabletop structure of their sidewalk vending equipment.

3. All sidewalk vendors must adjust or relocate their operations to ensure that there remains at minimum four (4) feet clearance on the sidewalk or pathway.

4. All sidewalk vendors must provide locking wheels on all sidewalk vending equipment to prevent uncontrolled movement.

5. No sidewalk vendor shall erect, place, or maintain any tent, canopy or other temporary shelter (excluding umbrellas) in the public right-of-way or public place.

6. A sidewalk vendor may have one (1) single-colored umbrella. When in use, the umbrella shall not exceed 10 feet in height as measured from ground level to its highest point. The umbrella cannot be attached to any public or private fixture, such as the sidewalk, light standard, fence, bench, or trees.

The umbrella must be made of a sturdy and safe material and must be attached and anchored to the sidewalk vending equipment in such a way that sudden bursts of wind will not dislodge it.

7. No external power, piping, or plumbing is allowed. The sidewalk vending equipment must be entirely self-contained.

8. Signage is permitted only if attached to the sidewalk vending equipment or cart.

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9. Operations must not damage public or private property.

10. Sidewalk vending equipment must not lean against or attach to a building or structure.

11. All sidewalk vendors shall be limited to two (2) chairs. The chairs may be placed behind or next to (but not in front of) the sidewalk vending equipment.

12. Food, goods, and merchandise must be securely fastened to the sidewalk vending equipment.

13. Vending of merchandise is limited to two (2) different types of items and must be the items described within the approvals of the application when the sidewalk vending permit was issued.

KO. Sidewalk Vending Related to Parks, Special Events, or Locations That Are Subject to Special Permits. Sidewalk vendors shall operate in a manner consistent with the following:

1. No sidewalk vendors may vend within three hundred (300) feet of permitted filming, camps, community events, or other City a permitted event for the duration or within operating hours of such an event. Permitted events include certified farmer’s markets, swap meets, and any event that requires the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, film permit, or temporary use permits.

2. No stationary sidewalk vendors may vend in any park subject to a signed, ex clusive concessionaire’s agreement.

3. The City may, by resolution, adopt additional requirements consistent with Government Code Section 51038(b)(2)(B) for City-owned or operated parks, effective after signs are posted giving notice of such additional requirements.

LP. Violation—Penalty. Sidewalk vending in violation of this section will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation as follows:

1. For vending without a valid peddler’s license, public health permit, or sidewalk vendor permit:
a. An administrative fine of two hundred fifty dollars ($250.00) for a first violation. b. An administrative fine of five hundred dollars ($500.00) for a second violation within one (1) year of the first violation.
c. An administrative fine of one thousand dollars ($1,000) for a third violation and each subsequent violation within one (1) year of the first violation. d. Upon proof of a valid peddler’s license, public health permit, or sidewalk vendor permit issued by the County of Los Angeles or City before such fines are due, the City will reduce the amount of the fines to one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for the second violation, and five hundred dollars ($500.00) for each violation thereafter.

2. For all violations of this chapter other than vending without a valid peddler’s license, public health permit, or sidewalk vendor permit as outlined in subsection (L)(1) of this section:

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a. An administrative fine of one hundred dollars ($100.00) for a first violation. b. An administrative fine of two hundred dollars ($200.00) for a second violation within one (1) year of the first violation.
c. An administrative fine of five hundred dollars ($500.00) for a third violation within one (1) year of the first violation.
d. An administration fine of five hundred dollars ($500.00) for a fourth and each subsequent violation, and revocation of a peddler’s license, public health permit, or sidewalk vendor permit. Revocation proceedings will be conducted in accordance with the rules and regulations established by the City.

3. The City will provide the person subject to the administrative fine notice of his or her right to request an ability-to-pay determination, and will make available instructions or other materials for requesting an ability-to-pay determination.

4. Administrative fines assessed pursuant to this section may be reduced to twenty percent (20%) of the original fine amount, or may be fulfilled through performing community service in lieu of paying the administrative fine, upon submission of proof of inability to pay at an adjudication hearing if requested by the person, pursuant to Government Code Section 51038(f). (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18)

5. Revocation or Denial of a Sidewalk Vendor Permit
a. Revocation – Upon the fourth or more citation for violation of this chapter other than vending without a valid peddler’s license, public health permit, or sidewalk vendor permit as outlined in subsection (P)(1) of this section that have become final during the term of the vendor permit, the vendor permit shall be revoked. For these purposes, if a sidewalk vendor contests a citation pursuant to SCMC Chapter 23.20, the citation will become final only if the Hearing Officer determines that the citation should be upheld. In addition, a vendor permit shall be revoked if the sidewalk vendor made a materially false, misleading or fraudulent statement or material omis sion in the application or during the application process. The revocation shall become effective 10 days after the mailing of a Notice of Intent to Revoke to the sidewalk vendor, unless the sidewalk vendor appeals the decision in accordance with SCMC Chapter 23.20. b. Denial – If a sidewalk vendor submitting an initial sidewalk vendor application has received two or more citations that have become final for violation of the SCMC or these regulations or any such citation remains unpaid within the prior fiscal year (i.e., July 1-June 30), the City may, in its sole and absolute discretion, deny the initial application. If a sidewalk vendor has received two or more citations that have become final for violation of the SCMC or these Regulations during the term of the immediately preceding vendor permit or any such citation remains unpaid, the City may, in its sole and absolute discretion, deny the renewal application. For these purposes, if a sidewalk vendor contests a citation pursuant to SCMC Chapter 23.20, the citation will become final only if the Hearing Officer determines that the citation should be upheld. In addition, an initial or renewal application for a vendor permit shall be denied if the sidewalk vendor makes a materially false, misleading, or fraudulent statement or material omission in the application or during the application process. If the City denies either the initial application or the renewal application for any of these reasons, the City shall notify the sidewalk vendor in writing.

6. Impounding of Vending Equipment, Carts, Goods, or Merchandise

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a. Any enforcement officer is authorized to impound vending equipment, carts, goods, or merchandise pursuant to SCMC 23.30.050 and SCMC 23.30.160. b. In addition to the administr ative fines taken pursuant to [Section] 11.37.060.P.1 above, any enforcement official may, upon an individual's fourth or greater violation of this division, impound vending equipment, carts, goods or any merchandise therein which constitutes an immediate threat or hazard or danger to persons or property. c. The City shall store such vending equipment, carts, goods, or merchandise for a minimum of sixty (60) days. If the property is not claimed within that time period, the City may dispose of the property.
d. Any owner of impounded vending equipment, carts, goods, or merchandise may, within twenty (20) days, request an administrative hearing pursuant to SCMC 23.30.090 in writing to appeal the impoundment before a hearing officer appointed by the Ci ty. e. Prior to the expiration of the 60-day holding period or before any appeal related to impoundment becomes final, any person claiming ownership of vending equipment, carts, goods, or merchandise that has been impounded may reclaim such materia ls upon payment in full of all administrative costs incurred as a result of the violation , and proper proof of ownership . Any unclaimed items will be considered abandoned and forfeited to the City after sixty (60) days following impoundmen t.

11.37.070 General Peddling Regulations.

Peddlers must comply with the following regulations when peddling:

A. Hours. Except as otherwise authorized under this code, peddling may only take place between the hours of eight a.m. and sunset.

B. Premises Posted for No Peddling. No peddling is permitted at any house, apartment, or other dwelling unit, or at any commercial premises where a sign is displayed in public view indicating “no solicitors or peddlers,” or where there is a similar indication that no peddling is de sired by the owner or occupant of the premises, except with the prior consent or at the invitation of the owner or occupant.

C. Aggressive Peddling. No peddler may persistently and importunely engage in peddling with a person after that person has indicated that he or she is not interested in the things being peddled.

D. Refusal to Leave Premises. No peddler may refuse to leave any residential or commercial premises when requested to leave by an owner, occupant, or responsible person for such premises .

E. Obstruction of Movement. No peddler may intentionally and deliberately obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18)

11.37.080 Peddlers of Prepared Food Products from Motor Vehicles Permitted.

A. Peddling of prepared food products is permitted from motor vehicles used for the transportation or preparation of such prepared food products when conducted on public streets, but not including public sidewalks or parkways.

B. The parked location of a motor vehicle used for the peddling of prepared food products must be at least one hundred (100) feet from an intersection to minimize impacts on traffic flow and the potential obstruction of sight lines and observation. The opening of the motor vehicle from which sales are made

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must face the sidewalk or such other direction so that customers are not required to stand in the vehicular right-of-way.

C. A person peddling prepared food products from motor vehicles may not remain in any one (1) location for the purposes of peddling, or any other location less than one-half (1/2) mile from the same location, for more than thirty (30) minutes during any six (6) hour period.

D. During the period of such peddling, the peddler must maintain the location in a neat, sanitary, and hazard-free condition, and pick up and dispose of in a sanitary manner all debris, garbage, or litter that is left by any customer of the peddler.

E. No peddling of prepared food products from motor vehicles is permitted within one thousand (1,000) feet from any school property boundary while children are going to or leaving such school during opening or closing hours, or during the noon or lunchtime recess period. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18)

11.37.090 Violation—Penalty.

A violation of sidewalk vending will be subject to the applicable penalties under Section 51039 of the Government Code and Section 11.37.060(L) of the Santa Clarita Municipal Code. All other violations of this chapter shall be prosecuted civilly or criminally, pursuant to Title 23, as either an infraction, misdemeanor, civil nuisance, or administrative citation, and will be subject to the applicable penalties under Chapter 23.10, in addition to any other applicable penalties or remedies prescribed by law. (Ord. 08-8 § 3, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18)

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ORDINANCE NO. 22-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 14.02 (DEFINITIONS) AND CHAPTER 14.06 (PARKS AND PUBLIC PLACES RULES AND REGULATIONS)

OF THE SANTA CLARITA MUNICIPAL CODE

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The ordinance amends Title 14 of the Santa Clarita Municipal Code (SCMC), entitled “Parks and Other Public Places.” The City of Santa Clarita (City) owns, leases, operates, and/or supervises a number of parks, indoor and outdoor recreational facilities, open spaces, and other public places, such as the Old Town Newhall parking structure, community centers, and libraries. The City is empowered to enact rules to ensure that members of the public use City parks, facilities, open spaces, and other public places in a manner that is consistent with the purposes of these places and that promotes the public's common benefit. The proposed amendments to Title 14 will promote and encourage a safe, family friendly atmosphere at City parks, facilities, open spaces, and other public places, and are intended to ensure that the public can use and enjoy such places for their intended purposes.

SECTION 2. Title 14 of the SCMC is hereby amended to read in its entirety as shown in Exhibit B, which is attached hereto and incorporated herein by this reference.

SECTION 3. If any section, subsection, sentence, clause, phrase, part, or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance.

The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional.

SECTION 4. This ordinance shall be in full force and effect thirty (30) days from its passage and adoption.

SECTION 5. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law.

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PASSED, APPROVED, AND ADOPTED this 10th day of May 2022.

______________________________
MAYOR

ATTEST:

CITY CLERK

DATE: ___________________________

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SANTA CLARITA )

I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 22-____ was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 26nd day of April 2022. That thereafter, said ordinance was duly passed and adopted at the regular meeting of the City Council on the 10th day of May 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 22- and was published in The Signal newspaper in accordance with State Law (G.C. 40806).

______________________________

CITY CLERK

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EXHIBIT B:

REDLINED PRIOR
ORDINANCE:

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Chapter 14.02

DEFINITIONS
Sections:

14.02.010 Definitions.

14.02.010 Definitions.

As used in this title, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended. “Alcoholic beverages” means alcohol, spirits, liquor, wine, beer and every liquid containing one-half of one percent (0.5%) or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed or combined with all other substances.
“Camp” or “camping” means the use of parks or public places for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding or other camp paraphernalia for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for sleeping, or doing any digging or earth breaking, or carrying on cooking activities. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person, in conducting these activities, is in fact using the area as a living accommodation regardless of his or her intent, or the nature of any other activities in which he or she might also be engaged. “Camp paraphernalia” includes, but is not limited to, tents, huts, pillows, blankets, sheets, tarps, cots, beds, sleeping bags, hammocks, cardboard boxes, personal cooking facilities, or other similar equipment or materials that are used to create temporary shelters and accommodations.
“City Manager” means the City Manager or designee.
“Commercial use or enterprise” shall mean any use of a park, public place, or facility amenity for or in connection with any money making venture, whether or not such venture is profitable, including the selling, offering for sale, or peddling of any goods, wares, merchandise, services, liquids, or edibles for human or animal consumption, and/or sales activities that utilize park property or facilities to complete the terms of sale or provide a service as a result of the sale or that affect park operations, facility use or visitor safety, such as fitness clubs, exercise groups, sports camps, and individual sports lessons; provided, however, that fund-raising activities conducted by a nonprofit organization, recognized as such by the state of California, shall not be deemed to be commercial use.
“Dog park” shall mean an enclosed area officially identified by signage and designated by the City where dogs are permitted to be off leash.

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“Dwelling” or “living quarters” means any vehicle or temporary shelter used as a person’s place of residence or occupancy in place of a traditional building structure. “Enforcement Officer” means any sworn peace officer, City Code Enforcement Officer, or City employee or agent with the authority to enforce any provision of this code. “Facility amenities” include, but are not limited to, playground and exercise equipment, park or public place benches, picnic tables, public art, public buildings, swimming pools, walls, fences, gates, trees, monuments, signs, buildings, roofs, playing surfaces, railings, backstops, parking lots, trails, or tables in a park or public place, or upon any park property.
“Hazardous material” means any material that is a risk to public health and safety or the environment, and includes, but is not limited to, the following items:

1. Animal and vegetable products resulting from the handling, preparation, cooking, and serving of foods;

2. Human and animal biological waste, including fecal waste and urine;

3. Dead animals;

4. Hypodermic needles; and

5. Motor oil, gasoline, or other petroleum products. “Hazardous Zone” means any region, place, perimeter, that constitutes a threat to public safety, the general welfare of the community, a threat to an individual or group of individuals, of which include, but are not limited to oil spills, toxic waste spills, sanitation spills, areas with an abundance of organic waste, areas with improperly diverted human waste, Very High Fire Hazard Severity Zones (VHFHSZ), and loading docks. “Motor vehicles” means any multi-wheeled, treaded or sled-type vehicle that is propelled by a motor engine, including any vehicle commonly known as a “motorized recreation vehicle.”
“Narcotics and dangerous drugs” means those narcotics and drugs listed or defined in the Health and Safety Code of the State of California as now or hereafter amended. “Obstruct pedestrian or vehicular traffic” means to walk, stand, place an object, sit, or lie in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. “Open space area” means an improved, unimproved or natural land, owned, used, or maintained by the City, where development activity is limited in an effort to preserve

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natural areas and protect sensitive habitat, and not designated an active park by the City. “Open space area” also includes the Santa Clara River. “Park(s)” means and includes every park, park water, plaza, skate park, golf course, riding and hiking trail, open space area, swimming pool, court, field, greenbelt, greenway, facility amenity or other recreational facility, together with any accompanying parking lot or staging area, to which the public has a right of access and use for park or recreation purposes and which is owned, managed or controlled by the City and under the jurisdiction of the City Manager.
“Park or public place waters” means any stream, river, brook, pond, lake, or fountain located within any park, public place or open space area. “Personal effects” means personal property consisting of the following items:

1. Medication, eye glasses, or other medical devices;

2. Sleeping bag or bed roll which is sanitary and nonverminous or unsoiled;

3. Tents in usable and reasonably good condition; and

4. Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous.
“Public place(s)” means any public property, improved or unimproved, including but not limited to parks, outdoor recreation areas, public buildings, libraries, and facilities owned or leased by the City, public parking lots, garages or structures owned or leased by the City, private parking lots open to the general public, publicly owned drainage culverts and basins, and publicly maintained landscaped areas. “Public place(s)” also includes any public right-of-way, or area of public property and private property open to the public, and includes, but is not limited to, public streets, highways, sidewalks, bridges, alleyways, driveways, trails, paseos, pathways, walkways, benches, staircases, or passageways that are open to vehicular, bicycle, or pedestrian traffic, and other outdoor places or areas generally accessible to the public.
“Riding or hiking trails” shall mean any path, trail, firebreak road, or fire protection road located within a park, public place, or open space area and designated by the City Manager for public use.
“Store” or “storage” means to put aside or accumulate for later use or safekeeping, to place or leave in a location. (Ord. 90-12, 5/29/90; Ord. 05-1 § 2, 1/25/05; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)
“Very High Fire Hazard Severity Zone (VHFHSZ)” means a location outlined by the California Office of the State Fire Marshall as being abundantly comprised of fuel, slope, and fire hazard.

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Chapter 14.06

PARK AND PUBLIC PLACE RULES AND REGULATIONS
Sections:

14.06.010 Applicability of Regulations.

14.06.020 Hours of Operation.

14.06.030 Park and Public Place Property and Vegetation—Damaging or Removing Prohibited.

14.06.060 Motor Vehicle Restrictions—Parking.

14.06.070 Speed of Motor Vehicles.

14.06.080 Camping and Storage of Personal Property Prohibited.

14.06.081 Exceptions to Camping and Storage of Personal Property Prohibited.

14.06.082 Property Removal.

14.06.083 Camping in Hazardous Zones Prohibited

14.06.084 Personal Effects.

14.06.086 Disposition of Property.

14.06.088 Sitting or Lying in Parks and Public Places Prohibited.

14.06.089 Exceptions to Sitting or Lying in Parks and Public Places Prohibited.

14.06.090 Animals—Prohibited When.

14.06.100 Dogs and Cats Permitted When.

14.06.105 Removal of Animal Waste.

14.06.110 Horses and Similar Animals Permitted When.

14.06.130 Disturbances Prohibited.

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14.06.140 Alcoholic Beverages and Narcotics or Dangerous Drugs.

14.06.150 Public Intoxication Prohibited.

14.06.160 Soliciting for or Selling Merchandise and Services—Restrictions.

14.06.180 Nudity and Disrobing Prohibited.

14.06.190 Washing Dishes or Polluting Water.

14.06.195 Rubbish Disposal.

14.06.200 Concessions and Other Public Place Facilities—Sanitation Requirements.

14.06.210 Prohibited Uses and Activities.

14.06.220 Special Amusement Equipment.

14.06.230 Emergency or Temporary Closure of Parks, Public Places, Trails, and Recreational Areas.

14.06.240 Smoking Prohibited.

14.06.260 Ability to Regulate Park and Public Place Areas.

14.06.010 Applicability of Regulations.

The following rules and regulations apply to all parks and public places in the City, except as otherwise expressly stated. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.020 Hours of Operation.

A person shall not enter, be, or remain in any park, public place, or in any building in any park or public place between the hours of ten p.m. and sunrise on the following day, or when posted closed or within specific hours, except as authorized by a written permit issued by the City Manager. The City Manager may change the hours of use as stated above for any event or individual park or public place. All persons shall comply with such changed hours. A person shall not park, or cause to be parked, any motor vehicle in any park, public place, or parking facility for such park or public place between the hours of ten p.m. and sunrise on the following day, or when posted closed, or within specific hours, or no parking. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.030 Park and Public Place Property and Vegetation—Damaging or Removing Prohibited.

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It shall be punishable as a misdemeanor for any person, other than a duly authorized staff in the performance of their duties, to:

A. Dig, remove, destroy, injure, mutilate or cut any tree, plant, vegetation, shrub, grass, fruit or flower, or any portion thereof, growing in the park or public place; B. Remove, destroy, disturb, or deface any wood, turf, grass, soil, rock, sand, or gravel from any park or public place;
C. Cut, break, injure, deface or disturb any facility amenity in a park or public place or any portion thereof, or mark or place thereon, or on any portion thereof, any mark, writing or printing, or attach thereto any sign, card, display, or other similar device; D. Hunt, harm, molest, kill, or harass any animals or wildlife found on any property, including nests, burrows, dens, perches, and all features of native habitat and the inhabitants thereof. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.060 Motor Vehicle Restrictions—Parking.

A person shall not bring to or operate in any park, public place, or open space area any motor vehicle, except at such times and at such places as permitted by the City Manager in written regulations or permits issued, and any such operation of a motor vehicle shall be in accordance with the conditions contained in such regulation or permit. A person shall not park any motor vehicle in any park or public place except in areas designated by the City Manager for parking, with the exception of authorized emergency vehicles and service vehicles of the City. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.070 Speed of Motor Vehicles.

The speed limit for all vehicles on vehicular ways within a park or public place shall be fifteen (15) miles per hour unless otherwise posted and no vehicle shall exceed the speed limit. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh.

A), 6/26/18)

14.06.080 Camping and Storage of Personal Property Prohibited.

A. A person shall not camp in any park or public place.

B. A person shall not store unattended personal property, including camp paraphernalia, in any park or public place.

C. A person shall not use any car, trailer, camper, recreational vehicle, or mobile home as a dwelling or as living quarters to camp in any park or public place.

D. A person shall not camp or store unattended personal property, including camp paraphernalia, on any privately owned property to the extent that such camping or

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storage was not authorized in advance by the property owner, or despite advance authorization, is otherwise deemed a public nuisance.

E. No person will be cited under this section unless the person engages in conduct prohibited by this section after having been notified by the City Manager or Enforcement Officer that the conduct violates this section. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh.

F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)
F. A person shall not camp or store unattended personal property within ten feet of any operational or utilizable driveway or loading dock;

G. A person shall not camp or store unattended personal property within five feet of any operational or utilizable building entrance or exit;

H. A person shall not start, build or use a fire for the purposes of, including but not limited to, cooking, warming, baking, or otherwise, except as may be approved by the City Manager, or designee.

I. A person shall not discharge wastewater and/or dispose of trash or garbage in any manner that is not expressly permitted by law.

14.06.081 Exceptions to Camping and Storage of Personal Property Prohibited.

A. Nothing in Section 14.06.080 may be construed to prohibit camping or the storage of unattended personal property pursuant to a valid permit. The City Manager may issue a permit to camp overnight at a designated location in a park, public place, or open space area if the City Manager finds:

1. The group was organized in good faith and not for the purpose of obtaining a permit under this section, and the members of such group will include and be supervised by at least one (1) responsible adult during such camping, and such overnight camping will not interfere with or in any way be detrimental to the park or public place or interfere with the uses thereof; and

2. That the group has agreed to the conditions contained in the permit.

B. Upon the granting of such permit, the members of such group may camp at the time, location, and under the conditions specified in the permit. (Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.082 Property Removal.

A. The City Manager or Enforcement Officer may remove personal property unlawfully stored or found in a park or public place as follows:

1. The location of any personal property, including camping paraphernalia, will be tagged and dated with a notice including the following:

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It is illegal to store personal property in parks or public places. If this personal property is not removed by (specify date at least twenty-four (24) hours from posting), this personal property will be deemed intentionally abandoned, and subject to removal and possible destruction.

2. The City Manager or Enforcement Officer may remove any personal property still unlawfully stored or remaining in the park or public place after the posting period has expired.

B. If the unlawful camping or storage of personal property in a park or public place presents an immediate threat to the public health or safety, an Enforcement Officer may immediately remove or dispose of the personal property without prior notice. (Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.083 Camping in Hazardous Zones Prohibited
A. It shall be unlawful to sit, lie, sleep, store, use, maintain, or place personal property in areas designated by the City Manager, or designee, as Hazard Zones.

B. It shall be unlawful to sit, lie, sleep, store, use, maintain, or place personal property, that the circumstances of continued sitting, sleeping, lying, storing personal property, or otherwise obstructing the public right-of-way at that location poses a particular and ongoing threat to public safety.

Such infractions of this provision that constitute unlawful camping in Hazard Zones include but are not limited to:

1. Camping in a region where death or serious bodily injury has occurred in a location due to a hazardous condition

2. Repeated serious or violent crimes, including human
trafficking, sexual solicitation, and crimes of moral turpitude.

3. The occurrence of fires that resulted in a fire department response to the location.

4. Very High Fire Hazard Severity Zones (VHFHSZ), as
designated by the California Department of Forestry and Fire Protection (CalFire).

C. It shall be unlawful to store flammable chemicals, goods, provisions, and other such items including camping paraphernalia, within but not limited to

1. Very High Fire Hazard Severity Zones (VHFHSZ)

2. 1000 feet of a school or school district facility

D. Exemptions to Subsection B include storage of property within the confines of but not limited to:

1. Single Family Residence;

2. Multi-Family Residence;

3. Commercial Structure;

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4. Recreational Vehicle of automobile; or

5. Dwelling as defined by the City of Santa Clarita’s Unified Development Code (UDC).

E. If the City Manager, or designee, identifies an infraction of this provision, the individual in question will be given 24 hours to remove themselves and any of their items from the specified location.

F. If one’s self or personal property are not removed after the City Manager, or designee, has provided 24-hour notice, the individual will receive an administrative citation and one’s personal property will be seized and held under the City of Santa Clarita’s possession. One’s personal property is eligible to be re-claimed up to and not to exceed 60 days after the seizure of said property.

14.06.084 Personal Effects.

A. At the time of removal of any unlawfully stored or remaining personal effects, the City Manager or Enforcement Officer must conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location, giving the following information:

1. Personal effects have been removed;

2. A telephone number and address for information on retrieving personal effects;

3. The hours of operation where personal effects may be collected; and

4. The period of time during which the personal effects may be claimed.

B. Following removal of unlawfully stored or remaining personal effects, the City Manager or Enforcement Officer must:

1. Maintain an inventory identifying the personal effects, and where the personal effects were approximately located;

2. Place the removed personal effects in containers or bags labeled in a manner facilitating identification by the City Manager or Enforcement Officer and the owner, and which reasonably protects such property from damage or theft; and

3. Store the removed personal effects in a location designated by the City for a period of ninety (90) days.

C. If personal effects are claimed within ninety (90) days from removal, unless the property is connected to a crime or is illegal to possess, the City will release the stored property to the owner upon the following:

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1. The person claiming ownership clearly identifies and describes the property and the approximate location where the property was left by the owner.

2. The person claiming ownership completes and signs a release of property form. (Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.086 Disposition of Property.

A. Unlawfully stored or found personal effects removed from a park or public place and remaining unclaimed at the end of ninety (90) days from removal may be disposed of by the City.

B. All other unlawfully stored or found personal property removed from a park or public place, pursuant to this chapter, is deemed intentionally abandoned and may be summarily abated and destroyed by the City.

C. All hazardous material stored in a park or public place may be immediately removed or disposed of by the City. (Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.088 Sitting or Lying in Parks and Public Places Prohibited.

A. No person may sit or lie down upon a public sidewalk, street, maintained landscape area, curb, staircase, biking or walking path, or in doorways and entrances to buildings, or upon a blanket, sleeping bag, cardboard box, chair, stool, or any other object placed upon a public sidewalk, street, maintained landscaped area, curb, staircase, biking or walking path, or in doorways and entrances to buildings in any commercial zone. As provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time.

B. No person may sit or lie down upon a public bench or other seating facility that is intended for use by multiple individuals at the same time, in a way that prevents such accommodation of the public bench by multiple users at the same time.

C. No person may intentionally sit or lie down and obstruct pedestrian or vehicular traffic in a park or public place.

D. No person will be cited under this section unless the person engages in conduct prohibited by this section, after having been notified by the City Manager or Enforcement Officer that the conduct violates this section. (Ord. 18-8 § 2 (Exh. A), 6/26/18)
E. The provision of this section does not prohibit a person from sitting, lying, sleeping, storing, using, maintaining, or placing personal property on public property if:

1. If such sitting or lying is necessitate by the physical disability of such person.

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2. Such person is viewing a legally conducted parade.

3. Such person is seated on a bench lawfully for such purpose.

14.06.089 Exceptions to Sitting or Lying in Parks and Public Places Prohibited.

The prohibitions in Section 14.06.088 will not apply in the following cases and to the following persons:

A. Persons who involuntarily or unavoidably sit or lie down in a park or public place due to circumstances beyond the person’s control, including, but not limited to, a medical emergency.

B. Persons who, as a result of a disability, utilize a wheelchair, walker, or similar device to move about the public sidewalk or other public walkways and paths.

C. Persons operating or patronizing a commercial establishment conducted on the public sidewalk, pursuant to an applicable valid City permit or approval; or persons participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted in a park or public place.

D. Any conduct in parks or public places that are privately owned where such conduct is in conformity with permission granted by the owner or person in possession and control of such premises.

E. Any conduct that is in conformity with the terms of any permit or other approval granted, pursuant to this code or City policy.

F. Any conduct that constitutes lawful activity protected under the laws of the State of California or by the United States Constitution, including, but not limited to, peaceful protesting, picketing, demonstrating, signature gathering, voter registration, or leafleting. (Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.090 Animals—Prohibited When.

A person shall not bring into any park or public place any cattle, horse, mule, goat, sheep, swine, dog, cat, or other animal of any kind except as hereafter specifically provided or as otherwise permitted by the City Manager.

Animals are not permitted in any indoor park, public place, facility amenity, swimming pool, and/or skate park. This section does not apply to guide dogs for blind or disabled persons. Violation of this section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.100 Dogs and Cats Permitted When.

A. A person may only bring and maintain in any park or public place a dog or cat if such dog or cat is kept on a leash or chain with a length not to exceed six (6) feet and is

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under full control of its owner or custodian, or upon written permission of the City Manager when required for authorized park or public place programs.

B. Dogs may be off leash only in special areas of parks or public places designated and posted by the City Manager as a dog park or as dog exercise and training areas, so long as the regulations of the City Manager with respect to the use of such areas are followed.

1. Implied Consent. The presence of a dog in a designated dog park or dog exercise and training area shall constitute implied consent of the person either owning or controlling the dog to the regulations imposed by the City Manager.

2. Liability and Indemnification. The presence of a dog in a designated dog park or dog exercise and training area shall constitute a waiver of liability, on behalf of the person either owning or controlling the dog, to the City of Santa Clarita, as well as an agreement and undertaking to protect, indemnify, defend, and hold harmless the City of Santa Clarita for any injury or damage caused by the dog. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.105 Removal of Animal Waste.

A. Any person having the care, custody, possession, or control of a dog/cat in a park or public place must have in his/her possession the equipment necessary to remove his/her dog/cat’s fecal matter.

B. A person’s failure to remove the fecal matter deposited by his/her dog/cat in any park or public place before the person in possession of the animal leaves the immediate area where the fecal matter has been deposited is a violation of this section and is punishable as a misdemeanor. (Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.110 Horses and Similar Animals Permitted When.

A person may ride a horse, mule, donkey or other similar animal only on designated trails or in designated equestrian areas subject to all rules and regulations governing their use, in other park or public place areas upon written permission of the City Manager, subject to the regulations of such use permit. Violation of this section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.130 Disturbances Prohibited.

A. Except as authorized by the City Manager for specific events and times, or except as necessary for the preservation of public peace or safety, it is unlawful to use any public address system, loudspeaker or other sound-amplifying device in any park, public place, or open space area. It is unlawful to exceed noise levels prescribed by Section

11.44.040.

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B. It shall be a misdemeanor for any person to disturb the peace and quiet of any park or public place by:

1. Any unduly loud or unusual noise;

2. Tooting, blowing or sounding any siren, horn, signal, or noise-making device;

3. Any obscene, violent, or riotous conduct; or

4. The use of any vulgar, profane, or indecent language therein. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.140 Alcoholic Beverages and Narcotics or Dangerous Drugs.

A person shall not enter, be or remain in any park or public place while in possession of, transporting, selling, giving away or consuming any alcoholic beverage except at a concession facility duly authorized by the City Council and properly licensed or in connection with a special event duly authorized by the City Manager for which the sponsoring organization is properly licensed by the State Department of Alcoholic Beverage Control. A person shall not enter, be, or remain in any park or public place while in possession of, transporting, arising, selling, giving away, or consuming any narcotics and dangerous drugs. Violation of this section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90; Ord. 05-1 § 2, 1/25/05; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.150 Public Intoxication Prohibited.

A person shall not enter, remain, or be in any park or public place while he or she is under the influence of any alcoholic beverage or narcotic and dangerous drug. (Ord. 90- 12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.160 Soliciting for or Selling Merchandise and Services—Restrictions.

No park, public place, or open space area may be used for any commercial use or enterprise in any form unless the City is directly involved as a co-sponsor of an event or project, or the City Manager has authorized such commercial enterprise in writing with a permit. Operation of a commercial use or enterprise in a park or public place without express written authorization from the City Manager is a violation of this code.

This prohibition also includes sales activities which encroach on the sales rights of a vendor authorized to sell such products or services pursuant to a concession contract with the City. (Ord. 90-12, 5/29/90; Ord. 05-1 § 2, 1/25/05; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.180 Nudity and Disrobing Prohibited.

A. No person shall appear, bathe, sunbathe, walk, change clothes, disrobe, or be in any park or public place in such a manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the

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areola thereof of any female person, is exposed to public view. Violation of this section is punishable as a misdemeanor.

B. This section shall not apply to persons under the age of five (5) years, provided such children are sufficiently clothed to conform to accepted community standards. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.190 Washing Dishes or Polluting Water.

A. A person shall not place in any park or public place waters any edible matter, dish, or utensil, or wash or cleanse in any park or public place waters any such edible matter, dish, or utensil, or commit any nuisance in or near such waters, or pollute any park or public place waters, or bathe, swim, or wade in park or public place waters except at places and times designated by the City Manager.

B. A person shall not swim, bathe, wade in, or pollute any park or public place waters, except that wading and swimming shall be permitted in pools or other bodies of water expressly designated for these purposes by the City Manager. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.195 Rubbish Disposal.

A. A person shall not throw, place, or dispose of any garbage, refuse, waste paper, bottles, or cans in any place in a park or public place other than into a garbage can or other receptacle maintained therein for that purpose. No garbage, refuse, waste paper, bottles, or cans shall be brought into a park or public place for the purpose of disposing in any such receptacle.

B. Where receptacles are not provided, all refuse or trash shall be carried away from the park, public place, or recreation area by the person responsible for its presence, and properly disposed of elsewhere.

C. A person shall not scavenge through any garbage can or other solid waste receptacle, or remove any item, including recyclables, from any garbage can or solid waste receptacle, unless authorized by the City Manager. (Ord. 90-12, 5/29/90; Ord. 13- 6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.200 Concessions and Other Public Place Facilities—Sanitation Requirements.

The lessee, agent, manager, or person in charge of a facility or water area under lease or concession from the City, or owned in fee in any City park or public place, shall at all times maintain the premises in a clean, sanitary condition, free from malodorous materials and accumulations of garbage, refuse, debris, and other waste materials.

Should the City Manager find that any public place, facility, or water area under concession or lease is not so maintained, the City Manager shall in writing notify said concessionaire, lessee, agent, manager, or other person in charge of said public place, facility, or area to immediately commence and diligently prosecute to completion the necessary correction of the sanitary condition to the satisfaction of the City Manager.

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Failure to do so with reasonable dispatch shall be cause for the City Manager to cause the condition to be corrected as necessary, and the costs of such correction to be charged to the lessee, concessionaire, agent, manager, or person in charge. Violation of this section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.210 Prohibited Uses and Activities.

A. Fire and Personal Portable Barbecues. A person shall not light or maintain any fire, firework, or explosive in any park or public place, except in areas designated by the City Manager for such use.

B. Harmful Objects. A person shall not place, throw, leave, keep, or maintain any object in such a manner or in such a place that any person or animal may be injured or any structure or vehicle may be damaged in any park or public place, except in areas designated by the City Manager for such use.

C. Hazardous Games. No person shall operate a motorized or self-propelled model vehicle or participate in activities of a hazardous nature such as, but not limited to, propelling or launching a rocket, missile, or projectile of any type, or participating in the game of archery or hardball in any area, except as designated by the City Manager.

D. Firearms and Other Weapons. A person shall not bring, discharge, or shoot any firearm or ammunition, explosive or incendiary device, firework, air gun, pellet gun, spring gun, slingshot, crossbow, bow and arrow (except as otherwise provided in this section), trapping device, knife, or weapon of any kind, including one that can be loaded with blank cartridges, in any park or public place, except in areas designated by the City Manager for such use. Violation of this provision is punishable as a misdemeanor.

E. Model Airplanes and Boats. No person shall operate in any park or public place any model airplane, boat, car, craft, or other similar device that is powered by an internal combustion engine, remote control, or other similar or electrical power source, except in an area and at such times as designated for such use by the City Manager.

F. Sleds, Skis, and Other Winter Sports Equipment. A person shall not hitch or pull by any vehicle upon, along, or across any road or driveway any toboggan, sled, skis, or any other type of winter sports equipment.

G. Golf Prohibited. No person shall play the game of golf, in any of its forms or refinements, including the activity known as putting by the use of a golf club or clubs or similar instrument to strike a golf ball, in any park or public place, unless as part of an approved or permitted City recreation program.

H. Roller Skating and Skateboards Prohibited. No person shall operate any roller skates, as that term is defined in Section 12.08.160, or skateboard, as that term is defined in Section 12.08.185, in any park or public place without proper protection equipment as defined in Section 12.54.030, except upon the approval of the City Manager.

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I. Stage Area Closure. It is unlawful to enter upon, cross, use, or remain upon an elevated stage area at a City park or public place without a permit from the City allowing such use or authorization from the City Manager.

J. Climbing. It shall be unlawful for any person to climb any tree, or walk, stand, or sit upon monuments, signs, buildings, roofs, railings, fences and gates, backstops, or tables in a park or public place, or upon any park property not designated or customarily used for such purposes in a manner inconsistent with the intended use or design. (Ord. 90-12, 5/29/90; Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.220 Special Amusement Equipment.

The temporary construction and/or use of amusement play equipment, such as moon bounces or any inflatable devices, climbing walls, carousels, dunk tanks, ball crawls, pony rides, slip and slides, laser tag, etc., are prohibited, unless authorized by the City Manager. A person shall not use or place a bounce house/inflatable play structure/climbing wall in a park or public place without the City Manager’s authorization and written verification of indemnification of the City, and insurance naming the City as an additional insured from the rental company providing the bounce house/inflatable play structure/climbing wall. Location of the bounce house/inflatable play structure/climbing wall is subject to the approval of the City. (Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.230 Emergency or Temporary Closure of Parks, Public Places, Trails, and Recreational Areas.

In an emergency or when the City Manager determines that the public interest, public health, public morals, maintenance purposes, or public safety demands such action, any park, public place, grounds, trails, or recreation facility, or any part or portion thereof, may be closed to the public, and all persons may be excluded therefrom until such emergency or other reason upon which such determination of the City Manager is based has ceased, at which time the park, public place, grounds, trails, or recreation facility, or part or portion thereof so closed shall be reopened to the public by the City Manager. It is a misdemeanor for any person to enter and/or use any park, public place, or facility amenity that is closed under this section. (Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.240 Smoking Prohibited.

Smoking is prohibited in any park or public place in the City of Santa Clarita, as stated in Section 9.50.055. (Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

14.06.260 Ability to Regulate Park and Public Place Areas.

No person using a park or public place shall have a picnic or lunch or loiter in a place that interferes with the use of active recreation or maintenance areas. The City Manager and Enforcement Officer shall have the authority to regulate the activities in such areas when necessary for safety, to prevent congestion, and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end. Individual barbecues or tables and benches shall be used on a first-

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Attachment: Ordinance - Chapters 14.02 and 14.06 with Redline (First Reading of Amendments to the SCMC)

come, first-served basis, unless reserved by permit. (Ord. 13-6 § 7 (Exh. F), 5/28/13; Ord. 18-8 § 2 (Exh. A), 6/26/18)

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Attachment: Ordinance - Chapters 14.02 and 14.06 with Redline (First Reading of Amendments to the SCMC)