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HomeMy WebLinkAboutItem 2 - Introduction of Ordinances adding Chapter 8.10 (Shopping Carts) and amending Chapter 12.04 (Encroachments) and 12.20 (Park Regs)Item 2 �t�x ofi Council- d. Report ti ttjs o Department Name: Cost Center: For Agenda of: Placement: Estimated Time: FROM: Shelly Stanwyck, Assistant City Manager Prepared By: Jeff Smith, Acting Police Chief Robert Cudworth, Police Lieutenant Greg Avakian, Parks and Recreation Director Michael Codron, Community Development Director Community Services April 13, 2021 Public Hearing 90 Minutes SUBJECT: INTRODUCTION OF ORDINANCES AMENDING THE SAN LUIS OBISPO MUNICIPAL CODE TO ADD CHAPTER 8.10 (SHOPPING CARTS), REQUIRING THE PRIVATE MANAGEMENT OF SHOPPING CARTS AND RETRIEVAL OF CARTS FROM PUBLIC SPACES; AND TO AMEND CHAPTER 12.04 (ENCROACHMENTS AND EXCAVATIONS) AND CHAPTER 12.20 (PARK REGULATIONS), TO CLARIFY THAT TENTS AND SIMILAR STRUCTURES ARE PROHIBITED ENCROACHMENTS IN CITY PARKS RECOMMENDATION 1. Introduce the following Ordinances: a. An Ordinance to add Chapter 8.10 (Attachment A) pertaining to the unauthorized removal of shopping carts from retail establishments and to facilitate retrieval of abandoned shopping carts; and b. An Ordinance to amend Municipal Code Chapters 12.04 and 12.20 (Attachment B) to add language expressly clarifying that tents and similar structures are prohibited encroachments in City parks, consistent with a previously issued clarifying Memorandum (Attachment C); and 2. Based upon input from the Parks and Recreation Commission meeting of April 7, 2021, provide direction to staff on whether, and in what form, to proceed with regulation of child play areas within City parks, including potential limitation of use of designated child play areas based on age or intended purpose of play equipment in the area. REPORT -IN -BRIEF As homelessness in the community persists, the City has advanced strategies to meet the ongoing challenges through a combination of outreach, services, support and regulation. These strategies include a wide variety of direct expenditures to help fill a gap that exists in regional services for members of the unhoused community. For example, the City funds the Grants -in -Aid program to support activities by non-profit social service providers that benefit our unhoused residents with important mental health services, shelter services and a wide variety of other programs. Packet Page 1 Item 2 The City also provides substantial annual funding to CAPSLO for the operation of the 40 Prado Homeless Services Center and Safe Parking programs and will also be funding a 25% expansion of shelter beds at 40 Prado. The City has a Community Action Team (CAT) that has partnered with Transitions Mental Health to pairs a social worker with a police officer to improve outreach and outcomes for unhoused residents by addressing root cause needs and assisting homeless residents to connect with needed services. Going forward, the City plans to expand its CAT team by adding an additional social worker and creating a Mobile Crisis Unit to pair an Emergency Medical Technician (EMT) with a social worker to improve outcomes. The City has also recently created and hired a new Homelessness Response Manager position to advocate for and facilitate regional collaboration and coordinate internal City actions for enhanced efficiency and effectiveness. The City has committed to these substantial efforts notwithstanding the fact that it is not a social services provider and does not receive social state or federal social services funding, like the County of San Luis Obispo. The City does program and permit the construction of affordable housing, including housing for extremely low, very low-, and low-income households. Since January 1, 2019, a total of 63 affordable housing units were constructed in the City of San Luis Obispo. Despite the City's significant efforts and financial contributions toward solutions, homelessness in the community and the impacts of homelessness persist, and the root cause for these social changes are far beyond the ability of the City to have systemic impact and public complaints continue regarding adverse and illegal behaviors, environmental degradation of public spaces, and squalid conditions related to some homeless encampments. Thus, combined with its community support and services efforts, City staff is recommending changes to its municipal code to help maintain quality of life and safe use of public amenities - including parks - for all residents, businesses, and visitors of the City. This report is being presented to address impacts arising from deleterious activities in public spaces that require new or clarifying local legislation. Two ordinances are presented for introduction and staff is also seeking direction regarding whether and how to proceed with the regulation of child play areas in City Parks. The first ordinance relates to shopping carts. The purpose of the proposed shopping cart ordinance is to promote the public health, safety and welfare and the aesthetic qualities of the City by regulating and prohibiting the removal of shopping carts from the premises of retail establishments where they are designed to be uses, including designated parking areas, without the authorization or consent of the cart owner, and to regulate the retrieval and disposition of abandoned or unattended shopping carts that are found off the premises of retail establishments. The second ordinance provides for a codified clarification of existing rules related to tents and other structures or objects erected in parks. Such structures interfere with the general public use and enjoyment of park and recreational spaces for their intended purposes because they obstruct open public views in City parks; physically obstruct or impair the use of the parks equally by all members of the public for their intended purposes; obstruct regular and ongoing park maintenance efforts; and conceal unlawful conduct in the parks from public view and regulation. Packet Page 2 Item 2 Finally, this report includes information about the potential creation or modification of an ordinance to support and ensure proper playground use. The goal of such a regulation would be to provide a consistent and safe environment for families and children for whom playground equipment and areas are designed to experience park amenities as designed and intended. Such provisions can help ensure the safety and integrity of the equipment, as well as preserve the overall playground environment for its intended purpose of allowing children to experience and engage in recreational and social activities. The general issue of creating and maximizing playgrounds for child development and use is being explored by the Parks and Recreation Commission and Staff will return with any recommendations prior to potential Council action. DISCUSSION Background Two new or modified ordinances are being presented to address impacts arising from illegal activities in public spaces that require new or clarifying local legislation. While neither of the ordinances recommended for introduction directly regulate any particular group based on status, staff is aware of perceptions that the ordinances regulating the activities at issue are the subject of discussion among homeless advocates in the City and that some of those advocates have voiced opposition to the type of regulation being considered, notwithstanding the adverse community impacts and illegal conduct the provisions seek to address. Accordingly, this background section, in addition to describing the practical public and environmental health and safety considerations driving recommendation of the two ordinances being proposed, also includes clarifying information regarding the legal distinction between regulating status and regulating illegal or adverse activities that are impacting public spaces. In that context, staff has included information regarding the City's ongoing programmatic attention and financial support for the unhoused members of our community, as well as describes the forward -looking efforts to positively impact our local circumstances through the Council's adoption of a Housing and Homelessness Major City Goal and proposed work program for the 2021-23 Financial Plan. 1. Impacts of Illegal and Inappropriate Activities in Public Spaces Require Ordinance Clarification and Further Evaluation a. Ordinance Clarification: Public Nuisance of Abandoned or Unattended Shopping Carts The City has a substantial interest in promoting the public health, safety and welfare of its residents, visitors, and businesses, and the aesthetic qualities of the City. Abandoned or unattended shopping carts off the premises of retail establishments can interfere with pedestrian and vehicle traffic and the use of public streets, sidewalks, public areas, and public rights -of -way for their intended purposes and can create dangerous conditions for users of those public spaces. The City has removed hundreds of abandoned shopping carts from public spaces. In some instances, they are returned, in other instances the owner picks them up and in most cases the City disposes of them. Packet Page 3 Item 2 They can also constitute a hazard to streams, riparian areas, and other natural areas, and contribute substantially to litter, clutter, and visual blight. As such, the proposed ordinance would deem abandoned or unattended shopping carts that are found off the premises of retail establishments, on either public property or private property, to be a public nuisance, subject to abatement by the City if the private retail owners of the shopping carts do not fulfill their obligations to maintain their carts on site or retrieve those that have migrated offsite. The purpose of the proposed shopping cart ordinance is to promote the public health, safety and welfare and the aesthetic qualities of the City by regulating and prohibiting the removal of shopping carts from the premises of retail establishments, including designated parking areas, without the authorization or consent of the cart owner, and to regulate the retrieval and disposition of abandoned or unattended shopping carts that are found off the premises of retail establishments. The intent of the regulation is to: 1. Provide for pedestrian and vehicle safety; 2. Ensure that the flow of pedestrian or vehicle traffic is not unreasonably interfered with, including ingress into or egress from any residence, place of business, street, sidewalk, public area, public right-of-way, or any legally parked or stopped vehicle; 3. Protect streams, riparian areas and other natural areas; and 4. Reduce litter, clutter and visual blight associated with abandoned or unattended shopping carts. b. Ordinance Clarification: Safety and Maintenance Concerns Associated with Tents and Enclosed Structures in Park Spaces Providing safe, inclusive, accessible, and clean parks for the San Luis Obispo community is a priority for the Parks and Recreation Department. The recent influx of tents and enclosed structures has caused concern for staff and community members who have experienced unsafe and inaccessible conditions relating to activities being conducted in and around tents in City parks that have deterred or obstructed use of park spaces for their intended purposes by all members of the public. City parks are intended for safe, lawful, and peaceful use and enjoyment by all members of the public during posted park hours of operation. Tents and other structures or objects erected in parks that are enclosed or create a visual barrier to observation of activities inside the tent and interfere with park maintenance and the general public use and enjoyment of park and recreational spaces for their intended purposes by: obstructing open public views in City parks; being erected in a manner and/or in locations that physically obstruct or impair the regular maintenance of parks by staff and use of the parks equally by all members of the public for their intended purposes; and concealing unlawful conduct in the parks from public view and regulation. Packet Page 4 Item 2 Unlawful activities in parks that have been exacerbated by the erection of tents or other structures or objects that obstruct those activities from public view include, but are not limited to, drug use, and alcohol consumption, which have resulted in increased adverse or aggressive behaviors in the parks, or visually, verbally or physically threatening interactions among members of the public seeking to utilize the public parks. The purpose of the proposed Tent and Enclosed Structure prohibition in park and public spaces is to promote the provision of safe, inclusive, accessible, and clean parks for the San Luis Obispo Community. This will ensure that the intended use of the park by the general public for safe, lawful, and peaceful leisure and recreational purposes during park hours of operation can occur. It is important to note that the proposed amendments expressly do not preclude the use of open -sided shade structures, blankets, lawn chairs, etc. in conjunction with otherwise legal, allowable uses of the parks. It is also important to note that this prohibition applies to all members of the community and whether the tent of structure is being established for recreational or shelter purposes. c. Further Monitoring and Evaluation: Use of Playground Equipment in City Parks The City's provision of safe recreational environments and opportunities includes playground amenities at City parks designed specifically for the use and enjoyment by children (generally 12 years of age and under per manufacturer specifications). At times, adult activities in and immediately around the play equipment areas are adverse to this intent. These activities include public intoxication, open alcohol containers, smoking, verbally intimidating or threatening behaviors directed toward children and their attendant adults, which members of the public have reported have acted as a deterrent to intended use of the play areas by children. This type of concern is by no means unique to San Luis Obispo and a variety of other jurisdictions have addressed the concern through restrictions on access to such child play areas within parks to people in the age group for which specific amenities are designed and their attendant adult caregivers. Under such a system, using the City playground amenities, equipment, or facilities not in accordance with their design and/or its intended use is prohibited, and park users would be notified of this requirement via signage posted on specific age -based playground structures according to product safety guidelines: ages 2 —5 years of age and 5 - 12 years of age. During the past few months, staff have received an increase in community correspondence and interactions from parents and caretakers of children expressing concerns on age -appropriate use of playground equipment and amenities. Specifically, the use of this equipment by community members without children has resulted in safety concerns. Community concerns for the general safety of the playground environment when occupied by individuals without children is preventing the use of these facilities by age -appropriate children. Packet Page 5 Item 2 The purpose of investigating the potential creation or modification of an ordinance for proper playground use is to provide a consistent and safe environment for families and children to experience the park amenities. This will ensure that the safety and integrity of the equipment, as well as the overall playground environment remains for its intended purpose of allowing children to experience and engage in recreational and social activities. The general issue of creating and maximizing playgrounds for child development and use is being explored by the Parks and Recreation Commission and Staff will return with any recommendations prior to potential Council action. 2. Homelessness — Community Concern and one of the 2021-23 Major City Goals Previous Council or Advisory Body Action Council has adopted Housing and Homelessness as a Major City Goal for 2021-23. The Goal Statement and Outcomes and Expectations are listed below. This goal statement and proposed work program are a topic of Council discussion for its April 20th meeting wherein feedback and strategic budget direction will be given to staff to finalize the Preliminary Financial Plan for consideration and adoption in June 2021. Housing and Homelessness — Goal Statement In order to expand housing options for all, continue to facilitate the production of housing, including the necessary supporting infrastructure, with an emphasis on affordable and workforce housing. Collaborate with local non-profit partners and the county, the state, and federal governments to discover and implement comprehensive and effective strategies to reduce chronic homelessness. Outcomes and Expectations: The City will prioritize new and ongoing Housing Element policies and programs that focus on facilitating the increased production of affordable and workforce housing, in addition to market rate housing; and the City will engage with the community, regional agencies, local non-profit partners, and the Federal government to leverage resources to be utilized to implement strategies that reduce homelessness. The outcomes will be new housing production, infrastructure that supports housing, affordable housing partnerships, fewer persons that are unhoused, pilot programs for the unhoused (such as a new Mobile Crisis Unit) that can be scaled up to the region, increased state and local government funding for emergency shelter and transitional housing, and new engagement from state and county governments in support of these outcomes. a. Priority Issue of Concern for the City In 2021, community members via multiple input channels, identified homelessness as one of the most significant issues facing the City of San Luis Obispo. This issue is complex, nuanced, and widespread in California. This issue is one in which Counties are the "lead agency" and the "lead recipient" of funding for health and social services from Federal and State governments. Packet Page 6 Item 2 Specifically, the FY 2020-21 County budget included approximately $10.6 million for programs and projects that directly address homelessness within the county. Funding goes towards special homeless support and programs including the 70 Now Program and cost sharing for Community Action Teams, local community -based organizations and service providers that support homeless individuals and families through case management or street outreach, direct rapid rehousing assistance to families, and various other initiatives. A much larger share of the County budget (approximately $157 million) goes towards health and human service programs that unhoused residents are eligible for, along with other County residents. This funding is used for drug and alcohol programs among other supportive services. The Community Priorities Survey conducted for the City's 2021-2023 Financial Plan identified Homelessness as the top priority, and the City Council set Housing and Homelessness as a Major City Goal at their January 2021 Community Forum. In developing the work program for this Goal, staff is developing several actions to build upon existing City initiatives to best leverage and maximize regional cooperation and success. b. County of San Luis Obispo's Role Given the existing unsheltered and mental health crises, the County of San Luis Obispo is coordinating an enhanced regional effort to address the increased impacts of homelessness on the unhoused, other residents, businesses, and visitors beginning in 2021. The County is the agency that coordinates and provides social and mental health services for our community as participants in the Continuum of Care Program administered by the U.S. Dept. of Housing and Urban Development (HUD). The County receives direct Federal and state funding to administer to a wide range of projects, programs and services, including but not limited to case management, emergency assistance, Homeless Management Information System (HMIS), mental health services, and transitional & permanent housing. The City continues to direct general fund assistance toward homeless services via Grants -In -Aid, General Fund Allocations and CDBG. ' c. City of San Luis Obispo's Current General Fund Resourcing of Staff and Partnerships to Address Homelessness and proposed Funding Additions to Address Major City Goal As homelessness in the community persists, the City has advanced strategies to meet ongoing challenges. The Community Action Team (CAT) was developed by the San Luis Obispo Police Department originally consisting of two police officers. In 2018, CAT contracted a social services worker through Transitions -Mental Health Association (TMHA) to start taking an approach that catered specifically to the needs of unhoused individuals. 1 https://www.slocit .oror livin neighborhood/homelessness-solutions Packet Page 7 Item 2 Over the last year, CAT engaged with over 500 people and of those, 127 were treated for mental health, substance abuse, or other issues. CAT also connects people with resources to find shelter and other services. This program is proposed to expand with an added $85,299 to fund a second social worker to support the City's Major City Goal. A companion pilot program called the Mobile Crises Unit is also being developed, at an estimated cost of $300,000, to pair a crisis worker from THHA with a City Emergency Medical Technician (EMT) to provide non -emergency response and care to unhoused community members. This novel pilot program is intended to be replicable and scalable for other agencies in the future. In addition to the ongoing Safe Parking Program at 40 Prado Homeless Services Center, the City has developed a Safe Parking Program at Railroad Square Park and programed it to remain available to the public for the remainder of the COVID-19 pandemic at a cost of $65,000. In addition to the above staff and programmatic resources, the City expends discretionary, general -fund dollars to support non-profit social service groups working within the City and region. Direct funding to support non-profit human health service providers is provided through the annual allocation of $150,000 to the Human Relation Commission's Grants -in -Aid program. Community Action Partnership of San Luis Obispo County (CAPSLO) also received a total of $157,000 (both funding and in -kind bus token donations) from the City's General Fund in 2019-20 and 2020-21 to support ongoing programs and operational efforts at the 40 Prado Homeless Services Center. Going forward, a 25% expansion of beds at the 40 Prado center is proposed, which will likely require additional General Fund allocation estimate of $63,826 annually to support. With this expansion, total projected General Fund support to CAPSLO for 40 Prado would equate to $220,826 annually. While all of these actions are pursued to reduce the incidence of homelessness and to help individuals experiencing homelessness in San Luis Obispo, the problem persists and drives significant expenditures in law enforcement, emergency response, and maintenance and environmental clean-up activities. Currently, the City has six Police Department personnel dedicated to the downtown area; four bicycle officers, one sergeant, and one non -sworn field technician — this area of the City sees significant service demand by the homeless from law enforcement. The Fire Department reported a total of 32 encampment fires and 516 medical incidents at the end of last year, while Ranger Services and Public Works Departments reported that a total of $679,000 is being spent annually on staff focused on clean up and maintenance activities (including vandalism repair). Packet Page 8 Item 2 On March 17, 2021, the County's Homeless Services Oversight Council (HSOC) advised the County Board of Supervisors to promote several recommendations to address the increasing number of homeless encampments in SLO County, by prioritizing the needs of the unhoused population. The five recommendations included 1) provision of showers and laundry services for encampments, 2) the authorization of sanctioned encampments, 3) additional safe parking programs, 4) alternative temporary shelter structures, and a 5) permanent shelter in the South County2. Upon consideration of the recommendations by the Board, the City may need to consider appropriate actions to align with these regional approaches to address the challenges and needs of the unhoused. According to the San Luis Obispo County Point -In -Time Homeless Census & Survey Report completed in January of 2019, an estimated 1,483 individuals are experiencing homelessness with 482 of those individuals living in the City of San Luis Obispo. This data was collected prior to COVID-19, which we assume has exacerbated the issue in all jurisdictions. The dedication of City resources as described above reflects the City's core value of compassion with accountability. The City has invested in providing outreach, financial support, and alternative social services to help people transition out of homelessness. The City is committed to the quality of life and safe use of public amenities including parks and open spaces for all residents, businesses, and visitors and the City will utilize all available tools to prevent and address adverse public behaviors that have negative effects on the community. Going forward, the City Council has allocated $300,000 to support the hiring a new Contract Homelessness Response Manager. This staff person will be responsible for coordinating the vast array of activities described, including managing data collection, collaboration with regional and community organizations, strategic planning and coordinating continued efforts across all City departments. The Homelessness Response Manager will be an advocate for regional collaborations and will identify and highlight the efficacy of City -sponsored pilot projects so that they can be scaled up and implemented on a regional basis. Proposed Ordinances 1. Add Chapter 8.10 pertaining to the unauthorized removal of shopping carts from retail establishments and to facilitate retrieval of abandoned shopping carts. The benefits of the proposed ordinance (Attachment A) will be achieved through the establishment of best practices by businesses as follows: Each business will apply signage to each cart identifying the owner with their contact information. Signage placed at parking areas warning that the removal of carts from premises could result in a fine. Requiring businesses to secure their carts during off hours. This ordinance allows for the impoundment of the carts found off premises. 2 https://www.slocounty.ca. og v/Departments/Social-Services/Homeless-Services/Homeless-Services-Oversi hhtt- Council-(HSOC)/Full-HSOC/Agendas/FULL-2021-03 -17-Agenda-Packet.pdf Packet Page 9 Item 2 The Police Department has reached out to many of the large retail establishments regarding the current practices regarding shopping cart retrieval. All of the store managers contacted want to partner with the City in finding a solution to shopping carts being taken off -premises. However, they do not have the resources or want to accept the liability to have current staff retrieve the carts. There is a company based out of southern California that can come to the City to retrieve impounded shopping carts. While this happens now it is infrequent and there is a significant time delay based on location of the vendor. Other options include modifying individual carts with geo technologies to prevent them from being removed from properties and avoid retrieval costs. Some cities have provided grant to help fund the implementation of technology. 2. Amend Section Municipal Code 12.04.020.0 and 12.20 (Attachment B) to define that tents and similar structures specifically as prohibited encroachments in City parks and expressly cross referencing the parks and encroachment regulations. In response to significant community concern, in February 2021, Parks and Recreation along with Public Works, in collaboration with the City Attorney's office and Police Department, instituted postings of an Administrative Interpretation of the current San Luis Obispo Municipal Code Section 12.04.020 at all park locations. Staff have interpreted the ordinance to prohibited encroachments in parks, including enclosable structures, such as a tent, that can present safety concerns resulting from obstructions of circulation or use of parks and/or the obstruction from view of unlawful behaviors that may occur within such an enclosable structure. Since the posting of the Administrative Interpretation of MC 12.04.020 in February 2021, members of the SLO Police Department and CAT have responded to 190 calls to City managed parks resulting in 24 arrests and 28 citations. Three citations were directly related to the MC 12.04.020. Of note, an education only focus was conducted during the initial three weeks of the posting at City parks. Staff will be presenting the proposed ordinance changes to the Parks and Recreation Commission on April 7, 2021 requesting feedback and recommendations or alternatives to submit via Council Correspondence for the April 13, 2021 meeting. 3. Playgrounds Staff, in collaboration with the City Attorney's Office, are investigating the potential for proposing a new ordinance to include the following language to ensure safe and appropriate use of playground amenities for children and families. No person over the age of 12 years old, other than a parent or guardian, babysitter, caretaker, or other designee of a parent or guardian having sole or joint supervisory responsibility over a child, shall visit, frequent, or be present in any area within a park or recreational facility that has been designated and posted as a children's play area. Staff will be presenting the proposed ordinance changes to the Parks and Recreation Commission on April 7, 2021 requesting feedback and recommendations or alternatives to submit via Council Correspondence for the April 13, 2021 meeting. Packet Page 10 Item 2 Policy Context In collaboration with regional and non-profit service providers, the City supports a variety of special needs and supportive housing developments, including projects that directly reduce the incidence of homelessness in the community. The proposed actions, in conjunction with ongoing programs that support housing for homeless veterans and mentally fragile residents at risk for homelessness, are consistent with the first Goal in the City's recently adopted Housing Element, which is Safety. Proposed actions are also consistent with Measure G-20, a general-purpose measure with language in the ballot measure including retaining local businesses, keeping public areas clean and safe, and addressing homelessness, and with the City's 2020-21 Meta -Goal of San Luis Obispo's stability, resiliency, and recovery. Public Engagement The focus of public engagement has been to inform, educate, and listen to concerns. The public engagement on the topic of shopping carts has included business community outreach to businesses with shopping carts, the San Luis Obispo Chamber of Commerce and Downtown SLO. SLOPD and others met with managers of large grocers and stores that have shopping carts to explore options to manage and retrieve errant carts. These meetings were productive and did not yield any changes in management or response from surrounding businesses. Public engagement on tents and other structures in parks has been a topic of discussion with many members of the public providing directed feedback on this topic including its impacts on use of parks. As noted in this report the Parks and Recreation Commission will be discussing the impacts of various illegal activities adjacent to children's play areas and this advisory body will in addition to providing a public forum for discussion make recommendation to Council on this topic. CONCURRENCE This report reflects a multi -departmental effort with the City Attorney, Administration, Police, Fire, and Community Services Group including Community Development, Parks and Recreation, Public Works, and Utilities all in concurrence with the above -described approach and recommendation. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty that there is no possibility that the proposed Municipal Code Amendments regarding the security of shopping carts, tents prohibition and playground safety will have no effect on the environment (General Rule Exemption CEQA Guidelines Sec. 15061(b)(3). Packet Page 11 Item 2 Additionally, the proposed ordinances would be exempt per CEQA Section 15301 Existing Facilities, as there would be negligible or no expansion of use; CEQA Section 15308 Actions by Regulatory Agencies for the Protection of the Environment, as the proposed ordinances are intended to assure the maintenance and protection of the environment; and 15311 Accessory Structures, regarding potential placement on -premise signage needed for public notification associated with the proposed ordinances. FISCAL IMPACT Budgeted: Yes/No Funding Identified: Yes/No Fiscal Analysis: Budget Year: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ State Federal Fees Other: Total $ The introduction and modification of the two ordinances is not expected to have a measurable fiscal impact to the core services current provided and which would continue. The City is however expending significant General Fund monies toward homelessness solutions as described above both currently and Council will be considering increased expenditures in the next two-year cycle. More specifically, funds for the City's CAT program and Downtown bicycle officers at $747,285; Ranger Services and Public Works perform illegal and abandoned encampment clean-up and maintenance at $679,000; and annual funding through Grants in Aid and to CAPSLO at $150,000 and $157,000 respectively, total $1,733,285 that is spent annually on homelessness solutions. An additional $300,000 for the Homelessness Response Manager contract position for the next two years and $65,000 for the safe parking program at Railroad Square brings the total to $2,098,285. Should expansion of the CAT program at $85,299, the MCU program at $300,000 and $63,826 in funds to expand bed a 40 Prado Homeless Services Center be approved, the total funds dedicated to homelessness is $2,483,584. Packet Page 12 Item 2 ALTERNATIVES While staff believe the ordinances and directional item as presented are complete work, Council may want to pursue the following: 1. Modify the ordinances as proposed. 2. Do not adopt the ordinances as proposed. 3. Provide further direction to staff regarding the ordinances including further public outreach, further research, and/or further advisory body engagement. Attachments: a - Draft Ordinance adding Chapter 8.10 (Shopping Carts) b - Draft Ordinance amending Chapter 12.04 (Encroachments/Excavations) and Chapter 12.20 (Park Regulations) c - Interpretive Memo regarding the definition of Encroachment Packet Page 13 Item 2 ORDINANCE NO. (2021 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 8, HEALTH AND SAFETY, OF THE MUNICIPAL CODE TO ADD CHAPTER 8.10 PERTAINING TO THE UNAUTHORIZED REMOVAL OF SHOPPING CARTS FROM RETAIL ESTABLISHMENTS AND TO FACILITATE RETRIEVAL OF ABANDONED SHOPPING CARTS WHEREAS, The City has a substantial interest in promoting the public health, safety and welfare of its residents, visitors and businesses, and the aesthetic qualities of the City; and WHEREAS, Abandoned or unattended shopping carts off the premises of retail establishments can interfere with pedestrian and vehicle traffic and the use of public streets, sidewalks, public areas, and public rights -of -way, can constitute a hazard to streams, riparian areas and other natural areas, and contribute substantially to litter, clutter and visual blight; and WHEREAS, The purpose of this ordinance is to promote the public health, safety and welfare and the aesthetic qualities of the City by regulating and prohibiting the removal of shopping carts from the premises of retail establishments, including designated parking areas, without the authorization or consent of the cart's owner, and to regulate the retrieval and disposition of abandoned or unattended shopping carts that are found off the premises of retail establishments so as to: 1. Provide for pedestrian and vehicle safety; 2. Ensure that the flow of pedestrian or vehicle traffic, including ingress into or egress from any residence, place of business, street, sidewalk, public area, public right-of- way, or any legally parked or stopped vehicle, is not unreasonably interfered with; 3. Help protect streams, creeks, riparian areas, and other natural areas within the City; and 4. Reduce litter, clutter, and visual blight associated with abandoned or unattended shopping carts. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The Council hereby finds and declares the following: 1. The above recitals are true and correct and are incorporated herein by reference. 2. Abandoned or unattended shopping carts that are found off the premises of retail establishments, on either public property or private property, are hereby declared a public nuisance. SECTION 2. Title 8, Health and Safety, of the Municipal Code is amended to add Chapter 8.10 as follows: x Packet Page 14 Item 2 Ordinance No. (2021 Series) Page 2 8.10.010. Authority and Purpose This Chapter is adopted pursuant to Business and Professions Code Sections 22435 through 22435.8 and the City's general police powers for the purpose of regulating and prohibiting the removal of shopping carts from the premises of retail establishments, including designated parking areas, without the authorization or consent of the shopping cart's owner, and to regulate the retrieval and disposition of abandoned or unattended shopping carts that are found off the premises of retail establishments. 8.10.020. Applicability This Chapter applies to all businesses located in the City that provide shopping carts for customer use and to all shopping carts on and off the premises of businesses within the City. 8.10.030. Administration The Director is authorized to administer this chapter which includes, without limitation, the ability to promulgate administrative policies and procedures to interpret, implement and enforce this chapter. 8.10.040. Definitions The following definitions apply to the use of these terms for purposes of this chapter: A. "Abandoned or unattended shopping cart" means a shopping cart which is either: 1. Removed from the premises of a retail establishment by any person without the written authorization or consent of the cart's owner; or 2. Left unattended, discarded or abandoned upon any public or private property other than the premises from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the authorization or consent of the cart's owner. For purposes of this chapter, a shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed is presumed abandoned, even if in the possession of any person, unless the person possessing the shopping cart is: a. The owner, or an employee or authorized agent of the owner, entitled to possession of such shopping cart; b. An officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts; c. Enforcing this chapter upon the Director's authority; or d. Has written permission to possess such shopping cart from the owner entitled to possession of such shopping cart. B. "Director" means the Community Development Director, or their designee. Z Packet Page 15 Item 2 Ordinance No. (2021 Series) Page 3 C. "Occurrence" means the retrieval or impoundment by the City pursuant to this chapter of all shopping carts of an owner in a one -day period. D. "Owner" means a person who owns or provides shopping carts for the use by customers in connection with the conduct or operation of a business. "Person" includes, without limitation, corporations, partnerships, and all other legal entities, and officers, employees, and authorized agents of an owner. E. "Premises" means the entire area owned and utilized by a retail establishment that provides shopping carts for use by customers, including any parking lot or other off- street area provided by or for an owner for use by customers for parking automobiles or other vehicles. For retail establishments that share a parking lot or off-street area for parking with other retail establishments, premises includes the entire parking lot or off- street area for parking that is provided for use by customers of the retail establishments that share the parking lot or off-street area for parking. F. "Public areas" include, without limitation, City -owned properties, open spaces, parks, streams, creeks and riparian areas, public parking garages, portions of private property that are outdoor common areas of any building, business premise, apartment building or complex, or other premise, or any portion thereof, which is adjacent to public property and is open to the public. G. "Retail establishment" means any business located in the City of San Luis Obispo which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store. H. "Shopping cart" means a basket mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. 8.10.050. Required Signs and Identification A. Every owner must permanently affix to each shopping cart owned or provided by the owner a sign that includes the following information: 1. Identification of the owner of the shopping cart or the retail establishment to which it pertains, or both. 2. Notification that the unauthorized removal of the shopping cart from the premises of the retail establishment, or the unauthorized possession of the shopping cart, is a violation of law. 3. Notification of the procedure for authorized removal of the shopping cart from the premises. 4. A telephone number or address for returning the shopping cart to its owner or to the retail establishment identified thereon. X Packet Page 16 Item 2 Ordinance No. (2021 Series) Page 4 B. In addition to signs on its shopping carts, every business that owns or provides shopping carts for use by its customers shall post conspicuous signs at or near all customer entrances and exits and at or near each entrance and exit to its parking lotor off-street parking area warning customers that removal of shopping carts from the premises is prohibited without written authorization by the owner. 8.10.060. Prohibitions A. It is unlawful to possess a shopping cart off the premises of a retail establishment without the prior written authorization or consent of the shopping cart's owner, unless the person in possession of the shopping cart is in the process of immediately returning the shopping cart to the premises of the retail establishment. B. It is unlawful for any person to leave, or cause to be left, a shopping cart that was in his or her possession or custody, on any public area or upon any public or private property such that it becomes an abandoned shopping cart. C. It is unlawful to possess or use a shopping cart in City parks or open spaces and in any creek, stream bed, or riparian area located within the City. 8.10.070. Cart Containment and Retrieval by Owners A. Daily Cart Confinement. All shopping carts located on the premises of a retail establishment (other than an establishment open for business twenty-four hours per day) must be collected at the end of each business day by the owner, employees, or authorized agents of the retail establishment and be collectively confined in a secured manner in a designated cart confinement area on the premises until the commencement of the next business day. All shopping carts located on the premises of any retail establishment open for business twenty-four hours per day, other than carts then currently in use by a customer, must be collected by the owner, employees, or authorized agents of the retail establishment and returned to a designated cart confinement area on the premises at least twice per calendar day between the hours of twelve p.m. (noon) and twelve a.m. (midnight) on each day the retail establishment is open for business. This section does not apply to: 1. Shopping carts located within an enclosed building. 2. Shopping carts removed from the premises of a retail establishment for purposes of repair or maintenance that are in the possession or custody of the party to whom removal has been authorized in writing by the shopping cart owner. 3. Shopping carts being transported by the owner, or an officer, employee, or authorized agent of the owner, to or from a business location of the owner. X Packet Page 17 Item 2 Ordinance No. (2021 Series) Page 5 B. Prompt Retrieval of Carts. All abandoned shopping carts of a retail establishment that are found off the premises of the retail establishment must be retrieved as soon as practicable by the owner, or an authorized agent of the owner, including a cart retrieval service retained by the owner, but in no case longer than three business days after the owner has discovered or has been notified that the abandoned cart is off the premises of the retail establishment. C. Retrieval Services. Persons retained to perform shopping cart retrieval services must carry written authorization ftom the owner to be presented upon request by the Director. Vehicles used by retrieval services must bear conspicuous signs identifying the name of the cart retrieval service. 8.10.080. Impoundment and Retrieval of Abandoned Shopping Carts A. The Director may retrieve and impound any abandoned shopping cart pursuant to and in accordance with the provisions Business and Professions Code Section 22435.7. B. Impoundment Following Three -Day Notice. A shopping cart that has a sign affixed to it in accordance with the provisions of this chapter and Business and Professions Code Section 22435.1 may be impounded by the City provided both of the following conditions are met: 1. The shopping cart is located outside the premises or parking area of a retail establishment; and 2. Except as provided in the Impoundment Without Three-day Notice section of this chapter, the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or his or her agent, receives actual notice from the City of the shopping cart's discovery and location. C. Impoundment Without Three-day Notice. 1. The City may retrieve and impound any abandoned shopping cart without first giving three -days' notice provided: a. The Director provides actual notice to the owner, or his or her agent, of the impoundment of the shopping cart within twenty-four (24) hours following the impound; b. The notice informs the owner, or his or her agent, of the location where the shopping cart may be claimed; c. Any shopping cart reclaimed by the owner, or his or her agent, within three business days after the date of actual notice to the owner, or his or her agent, of the impound, must be released and surrendered to the owner, or his or her agent, at no charge, including the waiver of any impound and storage fees or fines which otherwise would be applicable; and d. The shopping cart is held at a location that is both: 1. Reasonably convenient to the owner of the shopping cart; and 2. Open for business at least six (6) hours of each business day. X Packet Page 18 Item 2 Ordinance No. (2021 Series) Page 6 D. Immediate Retrieval and Impoundment by City for Impeding Emergency Services. The Director or designee may immediately retrieve and impound any shopping cart from public or private property if the location of the shopping cart impedes emergency services. E. Any cart reclaimed by the owner or their agent within three business days from the date the owner of the shopping cart, or their agent, is given actual notice by the City of the shopping cart's discovery and location, or impoundment, shall not be deemed an occurrence for purposes of this chapter. F. The owner of any shopping cart that is not reclaimed within three business days after the date the owner has been given actual notice by the City of the shopping cart's discovery and location, or impoundment, is subject to prosecution or the imposition of administrative costs, fees, fines, interest and other penalties applicable under this chapter commencing four business days after the date of notice. G. Any shopping cart not reclaimed from the City within thirty (30) days of receipt by the owner, or the owner's agent, of actual notice from the City of the cart's discovery and location, or impoundment, and any shopping cart, the owner of which cannot be determined, may be sold, or otherwise disposed of by the City. 8.10.090. Recovery of Fines and Costs by City A. Pursuant to Business and Professions Code Section 22435.7(f), any owner that fails to retrieve the owner's shopping cart or shopping carts within three business days from the date of being given notice of the cart's or carts' discovery and location, or impoundment, by the City, is guilty of a violation of this chapter and may be punished with an administrative fine of fifty dollars ($50) for each occurrence in excess of three during the six-month period starting January 1 and ending on June 30 or the six-month period starting July 1 and ending December 31 of each calendar year. B. In addition to the fines imposed above, the owner shall pay the City's actual costs for retrieving and storing the owner's shopping cart or carts except when the owner, or their authorized agent, reclaims their cart or carts within three business days from being given notice of the cart's or carts' discovery and location, or impoundment, by the City, in which case, all fines, costs and fees shall be waived. 8.10.100. Disposal of Abandoned Shopping Carts The Director or designee may sell or otherwise dispose of any abandoned shopping cart that has not been reclaimed by its owner within thirty (30) days after the owner receives notice of the cart's or carts' discovery and location, or impoundment, by the City, or for which the owner of the shopping cart cannot be determined by the City. X Packet Page 19 Item 2 Ordinance No. (2021 Series) Page 7 8.10.110. Violation — Penalty Any person who violates any provision of this Chapter is guilty of an infraction and is subject to punishment as provided for in Chapter 1.12 (General Penalty) or as provided under Chapter 1.24 (Administrative Code Enforcement Procedures). SECTION 3. Publication. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. SECTION 4. Severability. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct, and independent provision and such holding shall not affect the validity and enforceability of the other provisions of this Ordinance. INTRODUCED on the day of 2021, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2021, on the following vote: AYES: NOES: ABSENT: Mayor Heidi Harmon ATTEST: Teresa Purrington, City Clerk APPROVED AS TO FORM: J. Christine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on Teresa Purrington, City Clerk z Packet Page 20 Item 2 ORDINANCE NO. (2021 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING CHAPTER 12.04 AND CHAPTER 12.20 OF THE SAN LUIS OBISPO MUNICIPAL CODE TO CLARIFY EXPRESSLY THAT TENTS AND SIMILAR STRUCTURES ARE PROHIBITED ENCROACHMENTS IN PUBLIC PARKS WHEREAS, The City has a substantial interest in promoting the public health, safety and welfare of its residents, visitors and businesses, and the safety and aesthetic qualities of City parks and recreational facilities; and WHEREAS, longstanding City encroachment regulations prohibit the erection of structures in public places, including parks, without a permit; and WHEREAS, there has been a proliferation of tents in public parks accompanied by an increase in public complaints to the City of adverse behaviors and interactions in parks, including drug and alcohol abuse, and associated verbal and physical intimidation, aggression and adverse interactions among park users; and WHEREAS, increased instances of erection of tents and other enclosed structures in parks obscures adverse and illegal activities from public view, contributes substantially to the accumulation of litter, clutter and visual blight, can interfere with pedestrian circulation, can obstruct or interfere with the lawful use of park areas by the general public for their intended recreational uses, and inhibits the effective regulation and enforcement against illegal activities in the parks; and WHEREAS, continuous presence of tents in park areas during hours of operation interferes with daily park maintenance to ensure safe and proper upkeep; and WHEREAS, the purpose of this ordinance is to promote the public health, safety and welfare and support lawful use and access to city parks by all community members consistent with the intended legal uses and aesthetic qualities of city parks by: (1) Providing for unobstructed, open public views of public park areas and activities conducted in public park areas to deter unsafe and illegal activities in the parks, to facilitate compliance with laws, and to protect the public, health safety and welfare of all park users; (2) Preventing interference with or obstructions of the flow of pedestrian circulation by the placement of tents and large volumes of personal belongings in pedestrian paths of travel; (3) Discouraging the establishment of residential uses of parks facilitated by tents, which have been observed to result in violations of park hours of operation, as well as illegal and unsanitary accumulation and disposal of litter, clutter, and visual blight associated with the occupation of tents in the parks; x Packet Page 21 Item 2 Ordinance No. (2021 Series) Page 2 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows/or that (whatever action is needed): SECTION 1. Encroachment Amendments. Section 12.04.020 B (Encroachments Restricted) of Chapter 12.04 (Encroachments and Excavations) of the San Luis Obispo Municipal Code is hereby amended to include express reference to the application of the encroachment regulations related to the erection of tents in public parks, to read as follows: 12.04.020 Encroachments restricted. B. For purposes of this chapter, encroachments shall not include activities regulated as parades or special events pursuant to Chapter 5.80. Additional clarification of the application of these provisions to the use of tents or other enclosed structures in public parks are set forth in Chapter 12.20 (PARK REGULATIONS) of this code. SECTION 2. Section 12.20.02 (Definitions) of Chapter 12.20 (PARK REGULATIONS), is hereby amended and renumbered to clarify the definition of "park" and add a definition of "tent", to read as follows: 12.20.020 Definitions. The following words shall have the meaning indicated when used in this chapter: A. "Amplified sound" means music, sound wave, vibration or speech projected or transmitted by electronic equipment, including amplifiers. B. "Director" means the director of parks and recreation or other person authorized by him or her, pursuant to law, to act in his or her stead. C. "Park" means any parkland, playground, beach, or recreational facility, including any parking lots, open space, creek, or any other area or structure accessory thereto under the operational control of the Parks and Recreation Department of the City of San Luis Obispo. D. "Permit" or "reservation" means written authorization for exclusive use of parks or buildings, or portions thereof, as provided for and defined by this chapter. E. "Tent" means any enclosed temporary physical structure that obstructs activities within the structure from public view, excluding canopies and covers that are open on all sides. "Tent" shall not include blankets, towels, mats, portable lawn chairs, unenclosed shade structures not affixed to public property, or similar items for temporary use in conjunction with otherwise lawful park use. F. "Vehicle" means any device by which any person or property maybe propelled, moved or drawn, excepting a device moved by human power. X Packet Page 22 Item 2 Ordinance No. (2021 Series) Page 3 SECTION 3. Section 12.20.040 (Rules and regulations applicable in city parks.) of Chapter 12.20 (PARK REGULATIONS), is hereby amended to add a section expressly clarifying the prohibition against tents in public parks, to read as follows: F. It shall be unlawful for any person to erect, establish or occupy a Tent in any Park, except by express permission of the Director; in connection with a valid event permit issued by the Department; or as otherwise provided by resolution of the City Council. SECTION 4. All Prior ordinances, resolutions or administrative orders relating to parks regulations are hereby superseded to the extent inconsistent herewith. SECTION 5. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the day of , 2021, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of , 2021, on the following vote: AYES: NOES: ABSENT: Mayor Heidi Harmon ATTEST: Teresa Purrington, City Clerk APPROVED AS TO FORM: J. Christine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on Teresa Purrington, City Clerk z Packet Page 23 Item 2 Memorandum ti City of San Luis Obispo Parks and Recreation Department February 11, 2021 TO: City Manager, Derek Johnson BCC: City Council FROM: Greg Avakian, Parks and Recreation Director Matt Horn, Public Works Director SUBJECT: Interpretive Memo re Definition of Encroachment Under MC 12.04.020 Administrative Interpretation and Directive re: Definition of Encroachment as Applied to City Parks Under San Luis Obispo Municipal Code 12.04; Prohibition of Tents and Other Structures or Objects That Obstruct Activities from Public View in Parks This Administrative Interpretation and Directive is issued pursuant to the authority of the Public Works Director under Title 12 of the San Luis Obispo Municipal Code to provide administrative clarification and interpretation regarding enforcement of rules and regulations related to streets, sidewalks and public places within the City and pursuant to the authority of the Parks and Recreation Director under Chapter12 of the San Luis Obispo Municipal Code to issue and enforce rules and regulations applicable to City Parks. San Luis Obispo Municipal Code Section 12.04.020 makes it unlawful "for any person to make any excavation or encroachment in, under or over any road or other public place, including highway, alley, street, avenue, place, sidewalk, path, walk, park, plaza, boulevard or right-of- way or any other public place in the city whether or not currently improved, except in the manner and mode provided in this chapter." With limited exceptions, any encroachment "in, under or over" any public place in the City requires a permit. For purposes of Municipal Code Chapter 12.04, Municipal Code Section 12.04.10 defines "encroachment" as including "any structure or object of any kind or character placed in, under or over any place mentioned in Section 12.04.020." City parks are intended for the safe, lawful, and peaceful use and enjoyment, for a variety of leisure and recreational purposes, by all members of the public during park hours of operation. Tents and other structures or objects erected in parks that are enclosed or create a visual barrier to observation of activities inside the tent interfere with the general public use and enjoyment of park and recreational spaces for their intended purposes by: obstructing open public views in City parks; being erected in a manner and/or in locations that physically obstruct or impair the use of the parks equally by all members of the public for their intended purposes; and concealing unlawful conduct in the parks from public view and regulation. Unlawful activities in parks that have been exacerbated by the erection of tents or other structures or objects that obstruct those activities from public view include, but are not limited to, drug use, alcohol consumption, and sexual activities not compatible with public spaces, which have resulted in Packet Page 24 Item 2 increased adverse or aggressive behaviors in the parks, or visually, verbally or physically threatening interactions among members of the public seeking to utilize the public parks. The Parks and Recreation Director finds that the presence of tents and other structures or objects that obstruct from public view activities inside the tent, structure or object in City parks substantially interferes with the aesthetic purposes of City parks, interferes with the ability to observe and regulate unlawful conduct, and substantially inhibits or interferes with the safe, peaceful, and lawful leisure and recreational uses and enjoyment of City parks by all members of the public. Based on these concerns, the Public Works Director and Parks and Recreation Director issue this Administrative Interpretation and Directive to clarify that "encroachment" and "any structure or object," as used in Municipal Code Sections 12.04.010 and 12.04.020, and as applied to City parks, shall include any tent, or any other structure or object that is closed to public view from the outside, or that is capable of obscuring from public view from the outside, any occupant or activity inside the structure or object. The placement and use of such tents or any other similar structure or object, as defined in Chapter 12.04, and as clarified in this memorandum, is prohibited in City parks without a permit or as otherwise allowed in compliance with the requirements of Municipal Code Chapter 12.04. Nothing herein shall be construed to preclude the use of blankets, towels, mats, portable lawn chairs, unenclosed shade structures not affixed to public property, or similar items for temporary use in conjunction with otherwise lawful park use by any member of the public during allowed park hours. Packet Page 25 Item 2 BLANK PAGE This page is intended to be blank so that you can print double -sided. Packet Page 26 Introduce an Ordinance Amending the San Luis Obispo Municipal Code to Add Chapter 8.10 (Shopping Carts), and An Ordinance Amending Chapter 12.04 (Encroachments and Excavations) and Chapter 12.20 (Park Regulations) City Council Meeting April 13, 2021 Recommendations 1. Introduce an Ordinance entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 8, Health and Safety, of the Municipal Code to add Chapter 8.10 pertaining to the unauthorized removal of shopping carts from retail establishments and to facilitate retrieval of abandoned shopping carts;" and 2. Introduce an Ordinance entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 12.04 and Chapter 12.20 of the San Luis Obispo Municipal Code to clarify expressly that tents and similar structures are prohibited encroachments in public parks" consistent with a previously issued clarifying Memorandum; and Recommendations I Based upon input from the Parks and Recreation Commission meeting of April 7, 2021, provide direction to staff on whether, and in what form, to proceed with regulation of child play areas within City parks, including potential limitation of use of designated child play areas based on age or intended purpose of play equipment in the area. Code Changes Need to Address Impacts of Illegal Behaviors in Public Spaces ad Public spaces are intended to be utilized by all members of a community. The City makes significant contributions financially and programmatically to address the issue of homelessness and the impacts of it on public spaces. BPI Ila -- Some changes to the municipal code are needed to help maintain quality of life and use of public amenities, including parks, for all residents, businesses and visitors to the City. Rise in activities in public spaces impact community and require new or clarifying local legislation. Practical public and environmental health and safety considerations. GNT Y 0 CITY OF SHI1 DELIS OBISPO L4Is 04 Legal distinction between regulating status vs. regulating illegal or adverse activities that are impacting public spaces. Homelessness: County of San Luis Obispo The County receives direct federal and state funding to administer social services and programs including but not limited to, case management, emergency assistance, mental health services, and transitional & permanent housing. The City does not receive funding for said services The County of SLO is coordinating an enhanced Regional regional effort to address the increased impacts of Efforts 2021 homelessness on the unsheltered, local residents, businesses, and visitors beginning in 2021. City's Current General Fund Resourcing of Staff and Partnerships in Support of Homelessness Existing General Fund Resources Police Department $747,285 00-1 budget for staffing for Downtown/Horneless outreach W2 e% 4 CAT (C&mmunity aownlawri Bicycle Action Team) Officers Officers 29,448 total calls for police service 25% 4,122 Ca Its In the Downtown area for po I Ice service 34% G people dedicated In 1he Downtown-. 4 bicycle 7.457 ca I Is I n pro I wed a 1.432 calls I n vo l v ad a ofilcers, 1 sergeant, 1 non -sworn field technician howeless Indlvidoal homeless irrdivldual G1T Y 0 L478 04 RW 32 1$ Eriearnprn�n[ Msjcal Irebms Firs 6 135 70 $679k 1tlegal Camps Tons d Tfash Iemvad spent a rrn * -on staff_ cfaan up and mairt2nameaMvibas CITY OF SHR LUIS OBIS i Homelessness: City of San Luis Obispo Partnerships Human Relation Commission's Grants -in -Aid $150,000 annually in Grants for Fiscal Years 2019-20 and 2020-21 Community Action Partnership of San Luis Obispo County (CAPSLO) $157,000 annually to CAPSLO for Fiscal Years 2019-20 and 2020-21 25% expansion of beds at 40 Prado - $63,826 City contribution annually to support Community Impacts 2020 as a result of City's Direct Support to Homelessness CC MM UN ITY IMPACTS sinca Opening: 2,044 pia reo?ioeci services 34% f r-nm b%he-Gky of SLO A 159 children rielped �;; I I f M M12 ..� _ . Homelessness: Priority Issue of Concern = IVICG The City's Community Priorities Survey conducted for the 2021-2023 Financial Plan identified Homelessness as the top priority. The City Council set Housing and Homelessness as a Major City Goal at their January 2021 Community Forum. April 20th, 2021 Strategic Budget Direction - consider and discuss added resources. Existing and MCG,Proposed Resources Community Action Team (CAT) • Developed by the Police Dept. with two officers • Added a Social Worker from THMA • MCG Proposing an additional Social Worker Homelessness Response Manager (Contract) • $300k contract staff and resources start April 2021 • Communications, Data Collection, Research Models, Internal and External Coordination including Strategic Plan with County and Partners Safe Parking Program • Expand existing program at 40 /7�N Prado Homeless Services Center LO-03 • Pilot Program @ Railroad Square for duration of the Covid-19 Pandemic Mobile Crises Unit (MCU) • MCG Proposed by the Fire Department • Pair a social services worker with a City EMT to provide non - emergency response and care MCG Proposed Homeless Resources Total Investment in Housing and Homelessness ApproachStrategic existing Resources existing Resources resources •:(SOBCs) Capital 3.6 Homelessness Team Coordination $ 322,583 $ 295,212 Environmental Protection and $ 3.7 Water Quality $ 177,400 $ 65,000 183,360 $ 70,000 3.9 Community Action Team Resources $ 629,964 $ 125,188 629,964 $ 116,188 3.10 Mobile Crisis Unit Pilot Program $ 300,000 $ 300,000 3.11 Non -Profit Partner Support $ 253,000 $ 63,826 253,000 $ 63,826 TOTAL•. * Estimated calculation of current resources or budget that will be used to help advance maior citv coals (ex: staff hours. *41111,1,NN0 ' C1'1-Y F MR LZI BI 0 The City is Compassionate City goes well beyond its core services and funding resources to address homeless crisis Council is responsive to Community issues and has adopted a Major City Goal to address homelessness and housing. Tools are needed today to address adjacent issues and these ordinances are directed at illegal behaviors not status or standing. Y �A UITY OF SHIM LUIS OBISPO L�Ig 04 InterFere with the use of public streets, sidewalks, public areas, and public rights-o F-wa for their intended purposes. Interfere with pedestrian and vehicle traffic. Abandoned or Unattended Lopping Cars are a Public Nuisance. Can create dangerous conditions for users of those public spaces as well has have negative k,_ ADA impacts. CITY Of z5ni t juut,,-j vjji�- Negativety impact riparian habitat and create litter, clutter and visual blight. Proposed Ordinance: Add Chapter 8.10 Shopping Carts The proposed ordinance would deem abandoned or unattended shopping carts that are found off the premises of retail establishments, on either public property or private property, to be a public nuisance, subject to abatement by the City if the private retail owners of the shopping carts do not fulfill their obligations to maintain them cats on site or retrieve those that have migrated offsite. w EDUCE LITTER, CLUTTER AND VISUAL BLIGHT ASSOCIATED WITH ABANDONED OR UNATTENDED SHOPPING GAINS IMPROVE PEDESTRIAN AND VEHICLE SAFETY PROTECT STREAMS, RIPARIAN AREAS AND OTHER NATURAL AREAS ENSURE THAT THE FLOW OF PEDESTRIAN OR VEHICLE TRAFFIC IS NOT UNREASONABLY INTERFERED WITH CITY OF SHR LUIS OBI, L�Ig 04 Why Amend MC 12.04.020.0 and 12.20? To Clarify Tents & Enclosed Structure Prohibition Safety concerns associated with tents and enclosed structures in park spaces. Creates a visual barrier to observation of activities inside the tent interfering with the general public use and enjoyment of park and recreational spaces for their intended purposes by: Being erected in a manner and/or in locations that physically obstruct or impair the use of the parks equally by all members of the public for their intended purposes; and Concealing unlawful conduct in the parks from public view and regulation. Why Amend MC 12.04.020.0 and 12.20? To Clarify Tents & Enclosed Structure Prohibition • The Proposed Ordinance would clarify the definition of the word "park" and adds a definition for the word "tent" • Staff already issued a memo to this affect. • Since February 2021 and following an educational warning period beginning in February about the memo, Police and CAT team members have responded to 190 calls to City parks with 24 arrests and 28 citations with 3 of those directly related to tents and enclosed structures • The proposed amendments expressly do not preclude the use of open -sided shade structures, blankets, lawn chairs, etc. in conjunction with otherwise legal, allowable uses of the parks. GAT Y n CITY OF ►SHIZ LUIS OBIS L�Ig 04 Issue Identified with Use of City Playground Equipment • Illegal adult activities, in and immediately around play equipment areas, used by children and their attendant adults have acted as a deterrent to the intended use of City play areas by children. • Using the City playground amenities, equipment, or facilities not in accordance with their design and/or its intended use is prohibited. • Age requirement signage is posted on specific age - appropriate playground structures based on product and manufacturer safety guidelines: ages 2 —5 years of age and 5 - 12 years of age. GNT Y 0 � �CITY OF SHR LUIS OBIS LQIS 04 Parks and Recreation Commission Meeting of April 7, 2021 • PRC focused discussion on providing a consistent and safe environment for families and children to experience the park amenities. • Overall playground environment remains for its intended purpose. • A majority of Commissioners agreed that appropriate use was important for safety and integrity of the users and the amenities, including manufacturer recommended age requirements for the structures and equipment. • Commissioner concerns were related to the listing of a specific age requirement to be in or around a child play area stated within an ordinance. Wl M For Council Discussion (following questions and public comment) —does Council want to direct staff to move forward and return with modification of existing ordinances to address this issue? G1T Y 0 CITY OF SHift Luis OBIS) L47S 04 Recommendations 1. Introduce an Ordinance entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 8, Health and Safety, of the Municipal Code to add Chapter 8.10 pertaining to the unauthorized removal of shopping carts from retail establishments and to facilitate retrieval of abandoned shopping carts;" and 2. Introduce an Ordinance entitled, "An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 12.04 and Chapter 12.20 of the San Luis Obispo Municipal Code to clarify expressly that tents and similar structures are prohibited encroachments in public parks" consistent with a previously issued clarifying Memorandum; and Recommendations I Based upon input from the Parks and Recreation Commission meeting of April 7, 2021, provide direction to staff on whether, and in what form, to proceed with regulation of child play areas within City parks, including potential limitation of use of designated child play areas based on age or intended purpose of play equipment in the area.