HomeMy WebLinkAbout11A - 2ND READ ORD STORAGE OF PROPERTY AND PROHIB OF ANIMALSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 17, 2017
TITLE:
ORDINANCE SECOND READING:
AMENDING SECTION 10-551 AND ADDING
NEW SECTIONS 10-552,10-663 AND 10-554
TO THE SANTA ANA MUNICIPAL CODE
RELATED TO STORAGE OF PROPERTY,
PROHIBITION OF ANIMALS, VEHICLE
ACCESS AND VOLUNTEER SERVICES IN
THE CIVIC CENTER AREA {STRATEGIC
PLAN NO. 5, 1}
C MANAGER
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 16' Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On October 3, 2017, the following ordinance was introduced for first reading and City
Council authorized publication of title by a vote of 7-0:
ORDINANCE NO. NS -2926 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTAANA AMENDING SECTION 10-551 AND ADDING NEW SECTIONS 10-552,
10-553 AND 10-554 TO THE SANTA ANA MUNICIPAL CODE RELATED TO STORAGE
OF PROPERTY, PROHIBITION OF ANIMALS, VEHICLE ACCESS AND VOLUNTEER
SERVICES IN THE CIVIC CENTER AREA
During the foregoing City Council meeting and in accordance with Section 413 of the
City Charter, members of the City Council directed staff to assess certain suggested
changes or deletions to the Ordinance. Specifically, council members identified
subsections 10-551(a)(2), (13), and (18-20). City Staff has provided comments and
analysis to those subsections and provided additional comments and revisions to the
Ordinance as follows:
Section 1.C. detailing the accumulated materials in the Civic Center Area.
After further analysis, City Staff seeks to revise this section to address the
safety concerns prevalent with the accumulation of the types of materials
found within the Civic Center Area. City Staff has revised the sub -section as
follows:
11 A-1
Ordinance—Second Reading: Chapter 10 SAMC
October 17, 2017
Page 2
The homeless individuals in the Civic Center have erected shade
structures and tents and more recently have begun to accumulate
various large or bulky household items, including mattresses, dressers,
propane stoves, sofas, desks, aFea rugs and other items and
2. Section 10-551(a)(2) regarding shade structures. City Staff seeks to retain
this sub -section because the placement of any structure, material and/or
object in a manner that creates a wall-like barrier constitutes a public safety
hazard by limiting/obstructing visibility and "direct line of sight" for police
personnel whose job it is to ensure safety in the Civic Center for all persons,
including homeless individuals themselves. Police personnel conduct pro-
active policing during the day in the Civic Center, i.e., they walk in and around
the Civic Center. The inability of officers to see across the Plaza of the Flags
or across the Civic Center restricts an officer's ability to view the surrounding
area or people in need of assistance. City Staff has revised the sub -section
as follows:
Placement or use of any shade -u ri ht structure, suG as an
tee:
concerns.
Section 10-551(a)(4) regarding compressed gas containers. City staff seeks
to retain and clarify this section because of the danger to the safety of the
public due to the risks of combustion, misuse, faulty or improperly maintained
compressed gas containers. The section was revised to address the in -use
medical needs for compressed gas containers, such as oxygen tanks. City
Staff has revised the sub -section as follows:
Compressed gas containers, except for in -use medical purposes.
4. Section 10-551(a)(13) regarding shopping carts. City Staff seeks to retain this
sub -section because the removal of, or possession of a shopping cart that has
been removed from a premises is already prohibited in Santa Ana Municipal
Code Section 33-215. The placement of this prohibition in Section 10-551 is
to identify and consolidate applicable code sections to the Civic Center area.
City Staff has revised the sub -section as follows:
Shopping carts (see also, S.A.M.C. Section 33-2151.
11 A-2
Ordinance — Second Reading: Chapter 10 SAMC
October 17, 2017
Page 3
5. Section 10-551(a)(16) regarding outdoor showers. Upon further analysis, City
Staff has revised the following sub -section to clarify the forms and types of
outdoor showers. The use of these outdoor shower structures without proper
plumbing, allows waste water runoff to spill into public walkways and ultimately
into storm drains which is a violation of the City's National Pollutant Discharge
Elimination System permit. City Staff has revised the sub -section as follows:
Any structure or apparatus that can be described or used as an
outdoor shower.
Section 10-551(a)(17) regarding temporary toilets. Upon further analysis, City
Staff has revised the following sub -section to clarify the prohibition of
temporary toilets:
Samping-er-aAny items used as temporary toilets for human waste.
7. Section 10-551(a)(18) regarding the storage of bicycle parts. City Staff believes
that the storage of non-functioning bicycles or bicycle parts promotes not only
added mass to the Civic Center Area for insects and rodents, but it also
promotes the elicit collection and/or sale of bicycles that may have been initially
unlawfully obtained. In addition, the dismantling of the bicycles and their parts,
and the oil and grease that is a byproduct of this activity, adds to additional
health and safety concerns as these are hazardous chemicals and also raises
fire safety concerns due to the flammable nature of the oil and grease.
8. Section 10-551(a)(19) regarding recyclable materials. City Staff seeks to
retain this sub -section. The collection of bottles and cans in the Civic Center
Area poses a health concern. Rodents and insects are attracted to the
residual soda left in the containers and then stored in the Civic Center Area.
9. Section 10-551(a)(20) regarding area rugs or carpets. City Staff seeks to
retain this sub -section for health reasons because rugs and carpets absorb
liquids of any type (namely, urine and waste water run-off which are prevalent
in the Civic Center Area) as well as any dried material (which could include
dried fecal matter and dirt).
10. Section 10-551(a)(21) regarding the establishment of any building or structure
and the running of electric lines or utility cords across the Civic Center Area.
City Staff seeks to revise this sub -section to remove the portion that deals with
the construction and establishment of building or structures due to the
revisions in 10-551(a)(2). City Staff seeks to retain the portion dealing with the
running of utility cords or lines due to the inherent risk of electrical shorts, fire
11 A-3
Ordinance—Second Reading: Chapter 10 SAMC
October 17, 2017
Page 4
or physical harm to the public from improperly placed, strung or maintained
utility cords. City Staff has revised the sub -section as follows:
GGRStFUGtiGR eF establishment f any building or S+...,.+ .Fe of . hateyef:
kind, whetheF peFmanent _. +e pOFa.,, In GhaFa tee eRunning or
stringing any utility cord or line into, upon, or across the Civic Center
Area.
11.Section 10-551(a)(22) regarding dumping, depositing or leaving varied
materials that would create or increase garbage in the Civic Center Area. City
Staff has deleted this sub -section from the proposed Ordinance.
12. Section 10-551(a)(25) is a catch-all phrase that seeks to prohibit items that
present a risk ofinjury, disease, or a health and safety concern. City Staff has
deleted this sub -section from the proposed Ordinance.
13. Section 10-551(b) regarding placement of items abutting against or within 70
feet of any building within the Civic Center Area. City Staff has deleted this
sub -section from the proposed Ordinance to avoid confusion of what may be
allowed within this radius but more significantly because of well-established
law enforcement protocols to address unattended and/or suspicious items
placed near government buildings.
14. Section 10-552 regarding the prohibition of animals. City Staff has revised the
proposed ordinance to limit the number of animals as requested by City
Council. City Staff does not recommend adding a "spayed or neutered"
requirement because of enforcement considerations. City staff has revised
the section as follows:
No person shall own, keep or harbor any more than three
animals in the Civic Center except for service dogs as
defined by law.
15. Section 10-553 regarding vehicles in pedestrian areas in the Civic Center. City
Staff seeks to revise this section to add language acknowledging that this
section does not impact those using personal assistive devices, such as
motorized wheelchairs. City Staff has revised this section as follows:
No person shall operate or park a motorized vehicle in the Civic Center,
except on a vehicular road designated for that purpose in the Civic
Center, without the written permission from the City Manager, or his or
her designee, provided however, that this section shall not apply to
motorized personal assistive devices or law enforcement vehicles,
11 A-4
Ordinance — Second Reading: Chapter 10 SAMC
October 17, 2017
Page 5
maintenance vehicles or contractor vehicles on Civic Center plazas,
walkways or other areas intended for pedestrians where the drivers of
these vehicles are on the property to fulfill their professional
responsibilities.
16.Section 10-554(a) regarding unpermitted services in the Civic Center. City
Staff seeks to retain and add minor revisions to this section to note the
requirements for service providers to have the proper experience and/or
credentials to provide such services and submit a plan to address the set-up
and clean-up of any refuse from these services with the City. City Staff has
revised this section as follows:
No person, entity, organization or business shall provide food, medical
or social services in the Civic Center without first obtaining the written
permission of the City Manager, or his or her designee, and any
applicable licenses or permits required to provide such services or
access to Civic Center property. The purpose of this section is to
ensure that all services are provided in an organized manner by those
who have the proper experience and/or credentials needed to provide
the service and who have submitted a set-up and clean-up plan to the
City.
17. Section 4. This section was removed as it pertained to the requirements
under the Sections 415 and 417 of the City Charter to introduce, adopt and
implement an emergency ordinance.
Following input from several departments, the Ordinance was drafted with the
following issues and concerns in mind regarding items or activities addressed in the
Ordinance:
Danger or Risk
Identified
Item or Activity Presenting Danger or Risk
Fire Danger
Propane Tanks
Acetylene Tanks
Compressed gas containers
Gasoline
Wood or Charcoal grills
Construction materials — wood pallets, plywood
Rubber
Faulty or exposed Electric lines
Vehicle Batteries
Generators
Excessive arba a or accumulation of combustible materials
11 A-5
Ordinance — Second Reading: Chapter 10 SAMC
October 17, 2017
Page 6
Disease Risks
Used and improperly discarded hypodermic needles
Outdoor showers
Temporary toilets
Human Waste (urine and feces)
Animal urine or feces
Excessive garbage or accumulation of rotted food
Infestation Rats, cockroaches and fleas
Risks to Safety of
Used and improperly discarded hypodermic needles
Encampment or
Weapons
general public
Construction tools — hammers, nails, screws, small hand and
cutting tools
Athletic equipment - bats, hockey sticks, weights, golf clubs
Dog Bites
Excessive garba a including broken glass and bottles
Hazardous
Gasoline
Chemicals
Construction Materials — paints, thinners or epoxies
Oil and Grease from disassembled bicycles or their parts
Vehicle batteries
Criminal Activity
Stolen bicycle "chop" shops
Use and sale of narcotics
Illicit business activities advertised online — public invited to
Plaza to engage in illicit activities
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health,
Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive
community engagement initiative to expand access to information and create
opportunities for stakeholders to play an active role in discussing public policy and setting
priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action. However, Staff will seek City Council
approval in the event that additional resources are needed to implement the Civic Center
Plan.
J �i
is R. Caryo V
Robert . o
City Attorney Deputy CityCanagerCity Attorney's Office City Manageice
EXHIBIT: Ordinance No. NS -2926
11 A-6
REDLINED TO INDICATE CHANGES
ORDINANCE NO. NS-XXXX2926
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING SECTION 10-551
AND ADDING NEW SECTIONS 10-552,10-553 AND 10-554
TO THE SANTA ANA MUNICIPAL CODE RELATED TO
STORAGE OF PROPERTY, ,
VEHICLE ACCESS AND VOLUNTEER SERVICES IN THE
CIVIC CENTER AREA
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On December 20, 1993, the City Council approved Ordinance No. NS -2210
adding Sections 10-550 and 10-551 to Chapter 10 of the Santa Ana Municipal
Code for the purpose of regulating ramping and storage of property in the Civic
Center Area.
B. For three decades now, homeless individuals have increasingly gathered on a
daily basis in the Civic Center Area where they can receive services and food
provided by local non -profits and volunteers. Over the past year alone, the
homeless population has dramatically increased.
C. The homeless individuals in the Civic Center have erected shade structures
and tents and more recently have begun to accumulate various large or bulky
household items, including mattresses, dressers, propane stoves, sofas,
desks, and Me FbIgG, afflgRg GthBFhazardous items, including but not
limited to propane and acetylene tanks gasoline hazardous chemicals, and
related items susceptible to combustion or fire due to the severe amount of
flammable materials within the Civic Center.
D. In the past year, the City has received numerous written and verbal complaints
about the conditions in the Civic Center Area from 1) citizens coming to the
area to conduct business, 2) employees of the City and the County of Orange
coming to and going from work; 3) state and federal representatives charged
with managing the nearby buildings; and 4) the Chief Executive Officer and
Jury Commissioner of the Orange County Superior Court.
E. The complaints have identified significant health, safety and welfare concerns,
including but not limited to:
1) Employees having to walk over human waste and through make -shift
encampments filled with litter and used hypodermic needles;
Ordinance No. NS -x2926
Page 1 of 6 Exhibit 1
11 A-7
Fornmd is ran color: uyM Blue 7
2) Homeless individuals tossing buckets of urine over rails and onto pathways
where individuals are splashed with the waste;
3) Potential jurors asking for their jury service location to be transferred from
the Central Justice Center to another location;
4) An increase in large rats and insects in the area;
5) An increase in vandalism and damage to City property and buildings within
the Civic Center area;
6) An increase in narcotics use and sales and physical and sexual assaults
occurring within the encampment areas which are not visible or easily
accessible to law enforcement officers due to the shade structures, tents,
and excessive crowding;
7) Used and discarded hypodermic needles found in the Civic Center including
the Library, which reported, as of August 2017, finding 101 needles since
January 2017 placing its employees and patrons, including children and
unaccompanied minors, at risk of disease or injury;
8) An accumulation of discarded and broken household items;
9) Increased incidents of individuals or employees being attacked and bitten
by dogs; and
10)Portable shower structures without proper plumbing, allowing waste water
runoff to spill into public walkways and ultimately into storm drains which is
a violation of the City's National Pollutant Discharge Elimination System
permit.
F. On a recent walkthrough of the Civic Center Area, City staff observed the
following: individuals using hypodermic needle disposal bins and buckets as
portable toilets; tents and areas in unsanitary conditions filled with wet and
soiled clothing and broken items, people cooking on propane stoves;
generators connected to television sets; large number of bicycle frames and
parts; unrestrained dogs that had recently had large litters of puppies;
excessive accumulation of personal property, and a woman walking around
warning others of an outbreak of hepatitis A.
G. The City has learned of recent media reports of hepatitis A outbreaks in San
Diego and Los Angeles Counties largely attributed to homeless individuals
sitting and sleeping on unclean sidewalks and streets and preparing food
without proper sanitation procedures.
H. On October 6, 2016, the County of Orange announced the opening of a year-
round transitional center designated to benefit and serve homeless individuals
congregated in the Santa Ana Civic Center. Located at the former Santa Ana
Transit Terminal and renamed "The Courtyard", it has emergency shelter beds
and enhanced services for those without permanent housing.
I. The City has closely examined the homeless conditions and on September 6,
2016, the City Council adopted Resolution No. 2016-073 and declared a public
health and safety homeless crisis in the Civic Center Area. Conditions have
Ordinance No. NS-mr 2926
Page 2 of 6
11 A-8
since deteriorated significantly such that the City Council has determined that
it must take further and immediate action to address the crisis.
J. The City Council has determined based on the recitals and the information
contained in the Request for Council Action presented to the City Council that
it must immediately adopt new regulations to address the ongoing health and
safety concerns regarding unsanitary conditions, an infestation of insects and
rodents, and hazardous items that place employees, the general public and
individuals temporarily living in the Civic Center Area at risk of injury or disease.
Section 2. Section 10551 of the Santa Ana Municipal Code is hereby amended
and new Sections 10-552, 10-553 and 10-554 are hereby added to read as follows:
ARTICLE X. CIVIC CENTER REGULATION
Sec. 10-551. — Storage of Property Prohibited in Civic Center
(a) Within the Civic Center, possession and/or use of the following items or
engagement in the following activities are prohibited:
(1)
Placement of any item in a manner that impedes pedestrian access to/
through the public walkways or general right-of-way.
(2)
Placement or use of any shade arefestive-or-etheFuoricht structure-suO
Aq An ArnhFella 9F Genoa, or materials that farm a wall-like barrier due
to safety concerns.- _
(3)
area
Construction and landscaping materials including but not limited to,
lumber, pallets, plywood, paint, drywall, nails, screws, hammers,
screwdrivers, small hand tools, or cutting tools.
(4)
Compressed gas containers except for in -use medical purposes.
(5)
Weapons.
(6)
Generators, solar
panels, or motorized vehicle batteries or accessories.
(7)
Machinery, including
but not limited to, power tools or construction
equipment.
(8)
Amplifiers.
(9)
Hazardous chemicals or materials.
(10)
Barbecues or grills.
(11)
Propane tanks.
(12)
Gasoline or other similar combustible or flammable liquids, gases or
solid fuels.
(13)
Shopping carts (See also S.A. M.C. Section 33-215).
(14)
Furniture, including but not limited to, recliner chairs, mattresses, sofas,
coffee tables, desks, chests of drawers, and bookcases.
(15)
Athletic equipment such as baseball bats, boxing apparatus, weights,
hockey sticks, golf clubs or similar items.
(16)
Any structure or apparatus that can be described or used as an
Goutdoor showers.
Ordinance No. NS -2926
Page 3 of 6
11 A-9
(17) SamlgiAg eFaA_ny items used as temporary toilets for human waste.
(18) Storage of non-functioning bicycles or bicycle parts.
(19) Storage, dismantling and sorting of any discarded recyclable materials
such as newspapers, metals, cans, or bottles.
(20) Area rugs or carpets.
(21)
Running or
stringing any utility cord or line into, upon, or across the Civic Center
Area.
(22)
(-23) 2( 21 Conducting, advertising, announcing, or calling the public attention
to the purchase, barter or sale of any article, good or service for sale or
hire, unless by any regularly licensed business or concessionaire acting
by and under the authority and regulation of the City.
(24) 2( 31 Possession or storage of any uncapped hypodermic needles, unless
within a medically approved and sealed container.
(25) All ether -similar a Fisk Of Rjury, disease,
AF A health PF safety GORGem.
(nb) Notwithstanding subsection (a) eHbyof this section, a public agency, a non-
profit entity or an individual shall not be in violation of this section if they have a permit or
written permission from the City Manager, or the F Aesignee, to possess
the prohibited items or engage in the identified activities in connection with an approved
contract for work, event or celebration.
Sec. 10-552. —Animals Prohibited in the Civic Center
Famet0B0: Indent: Len: 0.75, Hanging: 0.5, No5", No b.U&
or numbering
Fpmatb8d: Indent: Left: 0.75", Hanging: 0.56", No bullets
Or Win
iering
No person shall own, keep or harbor any- more than three animals in the Civic" ', F m _fta:Indmb Firstfre: 0.56" i
Center, except for service dogs as defined by law.
Sec. 10-553. — No Vehicles in Pedestrian Areas in the Civic Center
No person shall operate or park a motorized vehicle in the Civic Center, except on
a vehicular road designated for that purpose in the Civic Center, without the written
permission from the City Manager, or theiF desgneehis or her desionee, provided
however, that this section shall not apply to motorized oersonal assistive devices or law
enforcement vehicles, maintenance vehicles or contractor vehicles on Civic Center plazas,
walkways or other areas intended for pedestrians where the drivers of these vehicles are
on the property to fulfill their professional responsibilities.
Ordinance No. NS-3(xox2926
Page 4 of 6
11A-10
Sec. 10-554. — Unpermitted Services in the Civic Center
(a) No person, entity, organization or business shall provide food, medical or
social services in the Civic Center without first obtaining the written permission of the City
Manager, or the9esigaeehis or her desicnee, and any applicable licenses or permits
required to provide such services or access to Civic Center property. The purpose of this
section is to ensure that all services are provided in an organized manner by those who
have the proper experience and/or credentials needed to provide the service and who
have submitted a set-up and clean-up plan to the.
(b) This section shall not apply to City, County, State or Federal employees
conducting official business or those who are contracted by these agencies to provide
services related to that official business.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this _ day of , 2017.
APPROVED AS TO FORM.
By: Sonia R. Carvalho
CityAttomey
AYES: Councilmembers:
Ordinance No. NS -x2926
Page 5 of 6
Miguel A. Pulido
Mayor
11A-11
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS_2926 to be the original ordinance adopted by the City Council of
the City of Santa Ana on and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Ordinance No.
Page 6 of 6
Maria D. Huizar
Clerk of the Council
City of Santa Ana
11A-12
ORDINANCE NO. NS -2926
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SECTION 10-551 AND ADDING
NEW SECTIONS 10-552, 10-553 AND 10-554 TO THE
SANTA ANA MUNICIPAL CODE RELATED TO STORAGE
OF PROPERTY, VEHICLE ACCESS AND VOLUNTEER
SERVICES IN THE CIVIC CENTER AREA
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On December 20, 1993, the City Council approved Ordinance No. NS -2210
adding Sections 10-550 and 10-551 to Chapter 10 of the Santa Ana Municipal
Code for the purpose of regulating camping and storage of property in the Civic
Center Area.
B. For three decades now, homeless individuals have increasingly gathered on a
daily basis in the Civic Center Area where they can receive services and food
provided by local non -profits and volunteers. Over the past year alone, the
homeless population has dramatically increased.
C. The homeless individuals in the Civic Center have erected shade structures
and tents and more recently have begun to accumulate various large or bulky
household items, including mattresses, dressers, propane stoves, sofas,
desks, and hazardous items, including but not limited to propane and acetylene
tanks, gasoline, hazardous chemicals, and related items susceptible to
combustion or fire due to the severe amount of flammable materials within the
Civic Center.
D. In the past year, the City has received numerous written and verbal complaints
about the conditions in the Civic Center Area from 1) citizens coming to the
area to conduct business; 2) employees of the City and the County of Orange
coming to and going from work; 3) state and federal representatives charged
with managing the nearby buildings; and 4) the Chief Executive Officer and
Jury Commissioner of the Orange County Superior Court.
E. The complaints have identified significant health, safety and welfare concerns,
including but not limited to;
1) Employees having to walk over human waste and through make -shift
encampments filled with litter and used hypodermic needles;
Ordinance
Ordinance No. NS -2926
Page 1 of 6
Exhibit 2 -
11A-13
2) Homeless individuals tossing buckets of urine over rails and onto pathways
where individuals are splashed with the waste;
3) Potential jurors asking for their jury service location to be transferred from
the Central Justice Center to another location;
4) An increase in large rats and insects in the area;
5) An increase in vandalism and damage to City property and buildings within
the Civic Center area;
6) An increase in narcotics use and sales and physical and sexual assaults
occurring within the encampment areas which are not visible or easily
accessible to law enforcement officers due to the shade structures, tents,
and excessive crowding;
7) Used and discarded hypodermic needles found in the Civic Center including
the Library, which reported, as of August 2017, finding 101 needles since
January 2017 placing its employees and patrons, including children and
unaccompanied minors, at risk of disease or injury;
8) An accumulation of discarded and broken household items;
9) Increased incidents of individuals or employees being attacked and bitten
by dogs; and
10)Portable shower structures without proper plumbing, allowing waste water
runoff to spill into public walkways and ultimately into storm drains which is
a violation of the City's National Pollutant Discharge Elimination System
permit.
F. On a recent walkthrough of the Civic Center Area, City staff observed the
following: individuals using hypodermic needle disposal bins and buckets as
portable toilets; tents and areas in unsanitary conditions filled with wet and
soiled clothing and broken items; people cooking on propane stoves;
generators connected to television sets; large number of bicycle frames and
parts; unrestrained dogs that had recently had large litters of puppies;
excessive accumulation of personal property; and a woman walking around
warning others of an outbreak of hepatitis A.
G. The City has learned of recent media reports of hepatitis A outbreaks in San
Diego and Los Angeles Counties largely attributed to homeless individuals
sitting and sleeping on unclean sidewalks and streets and preparing food
without proper sanitation procedures.
H. On October 6, 2016, the County of Orange announced the opening of a year-
round transitional center designated to benefit and serve homeless individuals
congregated in the Santa Ana Civic Center. Located at the former Santa Ana
Transit Terminal and renamed `The Courtyard", it has emergency shelter beds
and enhanced services for those without permanent housing.
I. The City has closely examined the homeless conditions and on September 6,
2016, the City Council adopted Resolution No. 2016-073 and declared a public
health and safety homeless crisis in the Civic Center Area. Conditions have
Ordinance No. NS -2926
Page 2 of 6
11A-14
since deteriorated significantly such that the City Council has determined that
it must take further and immediate action to address the crisis.
J. The City Council has determined based on the recitals and the information
contained in the Request for Council Action presented to the City Council that
it must immediately adopt new regulations to address the ongoing health and
safety concerns regarding unsanitary conditions, an infestation of insects and
rodents, and hazardous items that place employees, the general public and
individuals temporarily living in the Civic Center Area at risk of injury or disease.
Section 2. Section 10-551 of the Santa Ana Municipal Code is hereby amended
and new Sections 10-552,10-553 and 10-554 are hereby added to read as follows:
ARTICLE X. CIVIC CENTER REGULATION
Sec. 10-551. — Storage of Property Prohibited in Civic Center
(a) Within the Civic Center, possession and/or use of the following items or
engagement in the following activities are prohibited:
(1) Placement of any item in a manner that impedes pedestrian access to/
through the public walkways or general right-of-way.
(2) Placement or use of an upright structure or materials that form a wall-
like barrier due to safety concerns.
(3) Construction and landscaping materials including but not limited to,
lumber, pallets, plywood, paint, drywall, nails, screws, hammers,
screwdrivers, small hand tools, or cutting tools.
(4) Compressed gas containers, except for in -use medical purposes.
(5) Weapons.
(6) Generators, solar panels, or motorized vehicle batteries or accessories.
(7) Machinery, including but not limited to, power tools or construction
equipment.
(8) Amplifiers.
(9) Hazardous chemicals or materials.
(10) Barbecues or grills.
(11) Propane tanks.
(12) Gasoline or other similar combustible or flammable liquids, gases or
solid fuels.
(13) Shopping carts (See also S.A.M.C. Section 33-215).
(14) Furniture, including but not limited to, recliner chairs, mattresses, sofas,
coffee tables, desks, chests of drawers, and bookcases.
(15) Athletic equipment such as baseball bats, boxing apparatus, weights,
hockey sticks, golf clubs or similar items.
(16) Any structure or apparatus that can be described or used as an outdoor
shower.
(17) Any items used as temporary toilets for human waste.
(18) Storage of non-functioning bicycles or bicycle parts.
Ordinance No. NS -2926
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11A-15
(19) Storage, dismantling and sorting of any discarded recyclable materials
such as newspapers, metals, cans, or bottles.
(20) Area rugs or carpets.
(21) Running or stringing any utility cord or line into, upon, or across the Civic
Center Area.
(22) Conducting, advertising, announcing, or calling the public attention to
the purchase, barter or sale of any article, good or service for sale or
hire, unless by any regularly licensed business or concessionaire acting
by and under the authority and regulation of the City.
(23) Possession or storage of any uncapped hypodermic needles, unless
within a medically approved and sealed container.
(b) Notwithstanding subsection (a) of this section, a public agency, a non-profit
entity or an individual shall not be in violation of this section if they have a permit or written
permission from the City Manager, or his or her designee, to possess the prohibited items
or engage in the identified activities in connection with an approved contract for work,
event or celebration.
Sec. 10-552. — Animals Prohibited in the Civic Center
No person shall own, keep or harbor more than three animals in the Civic Center,
except for service dogs as defined by law.
Sec. 10-553. — No Vehicles in Pedestrian Areas in the Civic Center
No person shall operate or park a motorized vehicle in the Civic Center, except on
a vehicular road designated for that purpose in the Civic Center, without the written
permission from the City Manager, or his or her designee, provided however, that this
section shall not apply to motorized personal assistive devices or law enforcement
vehicles, maintenance vehicles or contractor vehicles on Civic Center plazas, walkways
or other areas intended for pedestrians where the drivers of these vehicles are on the
property to fulfill their professional responsibilities.
Sec. 10-554. — Unpermitted Services in the Civic Center
(a) No person, entity, organization or business shall provide food, medical or
social services in the Civic Center without first obtaining the written permission of the City
Manager, or his or her designee, and any applicable licenses or permits required to
provide such services or access to Civic Center property. The purpose of this section is
to ensure that all services are provided in an organized manner by those who have the
proper experience and/or credentials needed to provide the service and who have
submitted a set-up and clean-up plan to the City.
(b) This section shall not apply to City, County, State or Federal employees
conducting official business or those who are contracted by these agencies to provide
services related to that official business.
Ordinance No. NS -2926
Page 4 of 6
11A-16
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this _ day of 2017.
APPROVED AS TO FORM:
�L /
By;,�o a R. C va ho
City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
Ordinance No. NS -2926
Page 5 of 6
Miguel A. Pulido
Mayor
11A-17
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS -2926 to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Ordinance No. NS -2926
Page 6 of 6
Maria D. Huizar
Clerk of the Council
City of Santa Ana
11A-18