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.
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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
• 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
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