HomeMy WebLinkAboutItem 2 - Shopping Carts, Tents, Play Areas_CC PresentationIntroduce 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
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Recommendations
3.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.
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Public Space is for All City Contributions City Community Support
and Services
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.
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.
Code Changes Need to Address Impacts of
Illegal Behaviors in Public Spaces
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Background
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Rise in activities in public spaces impact community and require new or clarifying local legislation.
Legal distinction between regulating status vs. regulating illegal or adverse activities that are impacting public spaces.
Practical public and environmental health and safety considerations.
Continuous
Support of
Homeless
Community
Homelessness: County of San Luis Obispo
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County of SLO
Receives &
Manages
Funding
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
Regional
Efforts 2021
The County of SLO is coordinating an enhanced
regional effort to address the increased impacts of
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
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Existing General Fund Resources
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Homelessness: City of San Luis Obispo
Partnerships
HRC Human Relation Commission’s Grants-in-Aid
$150,000 HRC
Grants
$150,000 annually in Grants for Fiscal Years 2019-20 and
2020-21
CAPSLO Community Action Partnership of San Luis Obispo County
(CAPSLO)
$157,000 Support
Ops
$157,000 annually to CAPSLO for Fiscal Years 2019-20
and 2020-21
25% Expansion 25% expansion of beds at 40 Prado -$63,826 City
contribution annually to support
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Community Impacts 2020 as a result of City’s Direct
Support to Homelessness
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Homelessness: Priority Issue of Concern = MCG
Community
Priority
Major City
Goal 21-23
The City Council set Housing and Homelessness as
a Major City Goal at their January 2021 Community
Forum.
Strategic
Budget
Direction
April 20th, 2021 Strategic Budget Direction -
consider and discuss added resources.
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The City’s Community Priorities Survey
conducted for the 2021-2023 Financial Plan
identified Homelessness as the top priority.
Existing and MCG Proposed Resources
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Community Action Team (CAT)
•Developed by the
Police Dept.with two officers
•Added a Social
Worker from THMA
•MCG Proposing an
additional Social Worker
•MCG Proposed by
the Fire Department
•Pair a social
services worker with a
City EMT to provide non-
emergency response and
care
•Expand existing
program at 40
Prado Homeless
Services Center
•Pilot Program @ Railroad
Square for duration of the
Covid-19 Pandemic
Mobile Crises Unit (MCU)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
MCG Proposed Homeless Resources
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Total Investment in Housing and Homelessness
Strategic Approach
21-22 22-23
Within
existing
resources*
New
Resources
(SOBCs)Capital
Within
existing
resources*
New
Resources
(SOBCs)Capital
3.6 Homelessness Team Coordination $ 322,583 $ 295,212
3.7
Environmental Protection and
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
SUB TOTAL $1,060,364 $ 876,597
$
-
$
1,066,324 $ 845,226
$
-
TOTAL
$
1,936,961
$
1,911,550
* Estimated calculation of current resources or budget that will be used to help advance major city goals (ex: staff hours,
overhead, etc.)
Tools are Needed to Address
Adjacent Problems
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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.
Why A Shopping Cart Ordinance?
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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 their carts on site or
retrieve those that have migrated off site.
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Intended Results Shopping Cart Ordinance
Why Amend MC 12.04.020.0 and 12.20?
To Clarify Tents & Enclosed Structure Prohibition
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Safety Safety concerns associated with tents and enclosed
structures in park spaces.
Obstructing 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:
Balance 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 Concealing unlawful conduct in the parks from public
view and regulation.
•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.
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Why Amend MC 12.04.020.0 and 12.20?
To Clarify Tents & Enclosed Structure Prohibition
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.
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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.
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PRC Recommendation to Council
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PRC recommended to Council that it direct staff to move forward with pursuing a regulation of child play areas based on age or intended purpose of play with some modified language around age requirements.
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?
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
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Recommendations
3.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.
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