Recommendation: That the City Council adopt the attached ordinance revisions by reading of the

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1 /9*ks Cljo,CHICO City Council Agenda Report Meeting Date: 12/16/2014 TO: City Council FROM: Chris Constantin, Assistant City Manager RE: ORDINANCE AMENDING TITLE OF THE CHICO MUNICIPAL CODE REGARDING USE OF CITY STREETS AND SIDEWALKS REPORT IN BRIEF: The proposed ordinance amendment would reduce impacts on public safety resources in the downtown area as well as reduce risks posed to residents exiting late night entertainment venues. Recommendation: That the City Council adopt the attached ordinance revisions by reading of the title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING SECTIONS , , , , , , , , , AND OF THE CHICO MUNICIPAL CODE RELATING TO HOURS OF OPERATION FOR VENDORS IN THE CENTRAL BUSINESS DISTRICT FISCAL IMPACT: None. Some administrative processing work is necessary. BACKGROUND: Chapter of the Chico Municipal Code (CMC) defines the central business district as that portion of the city located between Big Chico Creek on the north, Little Chico Creek on the south. the centerline of Flume Street on the east and the centerline ofnormal Street on the west. Within this area, sales of food, cut flowers, or beverages on and from a City street, sidewalk. or public parking lot is unlawful without a permit (CMC ), The permit has three periods for which there is a start and end time (CMC ). These periods include:.. 6:00 am - 2:30 am: City streets and sidewalks within the central business district; 10:00 pm - 2:30 am: Public parking lots within the central business district; and 7:00 am - 9:00 pm: Outside of the central business district.

2 The City Council may grant a franchise which grants to a nonprofit corporation providing a service of general benefit to the Chico community, the exclusive right to use a portion of the city's streets, sidewalks or other city property for the sale of food, cut flowers, beverages. or merchandise (CMC ). DISCUSSION: The downtown is an important and vital asset to the City of Chico. and it is a priority of the City to improve the quality of the downtown. To this end, multiple City departments are working together to address conditions that negatively impact the quality of the downtown experience. For over two years, the Police Department has been grappling with reducing the impact of patrons who linger in the downtown after the close of alcohol establishments, Certain activities. such as street vendors, cause many to stay in the downtown. The location of some of these vendors result in large number of individuals congesting sidewalks, spilling into roadways, and causing individuals to cross the roadway against the red. Police Department staff believe this change will assist their efforts to improve the downtown. The Downtown Chico Business Association and Chico Chamber of Commerce agree that changing the end period of street, roadway, and public parking lot vendors from 2:30 am to 12:00 am will allow vendors to continue to operate in the downtown while minimizing the negative effects o f lingering individuals. The requested changes would reduce the operative period for street. sidewalk. and public parking lot vendor permits by 2.5 hours but authorizes the City Manager to grant a 72 hours exception from these restrictions. Prepa - Chris Constantin. Assistant City Manager Approved by: \6> 14-fvrnE.. Mark Orme, City Manager DISTRIBUTION: City Clerk ATTACHMENTS: Exhibit A - Draft Ordinance Exhibit B - Letter of Support from DCBA Exhibit C - Letter of Support from Chamber of Commerce

3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING SECTIONS , , , , , , , , , AND OF THE CHICO MUNICIPAL CODE RELATING TO HOURS OF OPERATION FOR VENDORS IN THE CENTRAL BUSINESS DISTRICT WHEREAS, the City has previously adopted permissible vending hours of operation in the Central Business District; and WHEREAS, the City desires to further limit the permissible vending hours of operation in the Central Business District; and WHEREAS, the City desires to allow for exceptions to the permissible vending hours of operation, subject to the City Manager's discretion on a case-by-case basis. NOW, THEREFORE, BE IT ORDAINED by the Council ofthe City of Chico: Section I. That Section , Permits authorizing sales of food. cut flowers. and beverages from city streets, sidewalks and parking lots, of the Chico Municipal Code is hereby amended as follows: Permits authorizing sales of food, cut flowers, and beverages. or merchandise and/or rentals of equipment or other things from city streets, sidewalks and parking lots. The director may, by a permit issued in the manner hereinafter provided by this chapter, authorize the sale of food, cut flowers, aed beverages. or merchandise and/or rentals of equipment or other things on and from all city streets and/or that portion of the city sidewalks and parking lots within the central business district; except as follows: A. A permit issued by the director shall not authorize the sale of food, cut flowers, aed beverages. or merchandise and/or rentals of equipment or other thines on and from a city street, sidewalk or parking lot within 300 feet of the exterior boundaries of any private or public school, save and except the campus of the California State University, Chico; B. A permit issued by the director shall not authorize the sale of food, cut flowers. and beverages. or merchandise and/or rentals of equipment or other things on and from a city street, sidewalk or parking lot within 200 feet of a city park or playground other than a park or playground within the central business district; and C. A permit issued by the director shall not authorize the sale of food, cut flowers, and beverages. or merchandise and/or rentals of equipment or other things from a place and during the times subject to an exclusive franchise granted by ordinance adopted by the Page 1 of 7

4 city council in the manner hereinafter provided by this chapter except to the extent expressly authorized by such franchise. Section 2. That Section , Applications for permits, of the Chico Municipal Code is hereby amended as follows: Applications for permits. Applications for a permit authorizing the sale of food, cut flowers. aed beverages. or merchandise and/or rentals of equipment or other things on and from a city street, sidewalk or parking lot shall be filed in the office of the director. shall be in a form and contain the information prescribed by the director and shall be accompanied by a permit fee in an amount established by resolution of the city council based on the estimated cost of processing the permit application and otherwise administering the provisions of this chapter. Section 3. That Section , Action on applications for permits - Approval of application and issuance ofpermit, ofthe Chico Municipal Code is hereby amended as follows: Action on applications for permits - Approval of application and issuance of permit. Where the director determines that a completed application has been filed for a permit which authorizes the sale of food, cut flowers, end beverages. or merchandise and/or rentals of equipment or other things on and from a city street, sidewalk or parking lot and there are no grounds for denying such permit, the director shall approve the application and issue the permit subject to all of the general and special conditions hereinafter provided for by this chapter at such time as the applicant has provided the comprehensive liability insurance and otherwise complied with all other special conditions required by this chapter as conditions precedent to the issuance of such permit. Section 4. That Section , Action on applications for permits - Denial of application. of the Chico Municipal Code is hereby amended as follows: Action on applications for permits - Denial of application. A. Grounds for Denial. The director shall deny an application for a permit authorizing the sale of food, cut flowers, and beverages. or merchandise and/or rentals of equipment or other things on and from a city street, sidewalk or parking lot if and only if the director determines that the equipment to be used by the applicant to store, convey, prepare and serve such food, cut flowers, and beverages. or merchandise and/or rentals of equipment or other things is unsafe and would present a danger to the general public using the city streets, sidewalks or parking lots, or would unreasonably block or obstruct the city streets, sidewalks or parking lots. B. Notice of Denial. Where the director determines to deny an application for a permit authorizing the sale of food. cut flowers, Ed beverages. or merchandise and/or rentals of Page 2 of 7

5 equipment or other things on and from a city street, sidewalk or parking lot, the director shall promptly cause a notice of such determination to be served on the applicant. In such notice the director shall state the reasons for the determination not to approve the application and shall set forth the right o f the applicant to appeal such determination to the city council in the manner provided for by Title 2 of this code. Section 5. That Section , General conditions of permits - Comprehensive liability insurance, of the Chico Municipal Code is hereby amended as follows: General conditions of permits - Comprehensive liability insurance. As a condition precedent to the issuance of a permit authorizing the sale of food. cut flowers,-and beverages. or merchandise and/or rentals of equipment or other things on and from a city street, sidewalk or parking lot, the permittee shall obtain and provide to the city a comprehensive general liability insurance policy from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of at least "B," which provides insurance coverage for all liabilities including death, personal injury or property damage arising out of or in any way relating to the sale of food. cut flowers,. and beverages. or merchandise and/or rentals of equipment or other things authorized pursuant to such permit in the amount of at least $ , combined single limits. Such insurance shall be in a form satisfactory to the city's risk manager, shall include an endorsement naming the city and the city's officers, employees and agents as additional insureds under the coverage afforded, shall be primary with respect to any other insurance available to the city, shall contain a severability of interest (cross-liability) clause and shall require the insured to provide to the city at least thirty days prior notice of cancellation. Proof of such insurance, also in a form satisfactory to the city's risk manager. shall be filed with the director prior to the issuance of the permit. Section 6. That Section , General conditions of permits - Hours of operation. of"the Chico Municipal Code is hereby amended as follows: General conditions of permits - Hours of operation. As a condition of the issuance ofa permit authorizing the sale of food, cut flowers. and beverages, or merchandise and/or rentals of equipment or other things on or from a city street, sidewalk or parking lot, the permittee shall conduct and carry out such sales only during the following times unless the City Manager grants an exception to the permissible hours of operation under a case-by-case basis: A. Sales and/or dispensing of food, cut flowers, ead beverages,. or merchandise and/or rentals of equipment or other things shall be made from city streets and sidewalks within the central business district only betweenfrom the hours of 6:00 a.m. andto 26012:00 a.m. of the fellewiagsame day; B. Sales and/or dispensing of food. cut flowers, and beverages. or merchandise and/or rentals of equipment or other things shall be made from public parking lots within the central business district only betweenfrom the hours of 10:00 pm ent :00 a.m. of the fellewii*same day; and Page 3 of 7

6 C. Sales and/or dispensing of food, cut flowers, and beverages. or merchandise and/or rentals of equipment or other things from city streets and sidewalks outside of the boundaries of the central business district shall be made only between 7:00 am and 9:00 pm ofthe same day. Section 7. That Section , General conditions of permits - Operations restrictions, of the Chico Municipal Code is hereby amended as follows: General conditions of permits - Operations restrictions. As a further condition on the issuance of a permit authorizing the sale of food. cut flowers. aad beverages, or merchandise and/or rentals of equipment or other things on and from a city street. sidewalk or parking lot, the permittee shall conduct and carry out such sales only during the following times and in the following manner unless the City Manager grants an exception to the permissible hours of operation under a case-by-case basis : A. Signs advertising the food, cut flowers, end beverages. or merchandise and/or rentals of equipment or other things to be sold shall be securely affixed to the vehicle or other equipment used to store, convey, prepare and serve the food, cut flowers, e**1 beverages, or merchandise and/or rentals of equipment or other things and shall conform to any size requirements provided for in Title 19 of this code. B. Noise produced by any audio equipment or other device used to attract attention to the place where the food, cut flowers, ead beverages. or merchandise and/or rentals of equipment or other things is being sold shall not exceed the noise limits prescribed by state laws and regulations or Title 9 of this code. C. Equipment used to store, convey, prepare and serve the food. cut flowers, and beverages. or merchandise and/or rentals of equipment or other things to be sold shall be maintained and operated in a safe and sanitary manner and in a manner which does not unreasonably obstruct or interfere with the use of a city street, sidewalk or parking lot. D. Be*wee,3From the hours of 6:00 a.m. an :00 a.m. of the fellewiftgsame day, sales of food or beverages shall not occur within 20 feet of any entrance to or exit from premises for which a license has been issued pursuant to Division 9 of the Business and Professions Code authorizing the sale or distribution of alcoholic beverages. E. The person authorized to sell food, cut flowers, alitd beverages. or merchandise and/or rentals of equipment or other things pursuant to such permit shall be responsible for maintaining that portion of any street, sidewalk or parking lot within 50 feet of the place at which such person is engaged in such sales free of any litter or refuse attributable to the sale of food, cut flowers, or beverages. F. Sales of food, cut flowers, and beverages. or merchandise and/or rentals of equipment or other things in a parking lot at the times authorized by this chapter shall only be made from a vehicle lawfully parked in such parking lot. Section 8. That Section , Special conditions ofpermits, ofthe Chico Municipal Code is hereby amended as follows: Special conditions of permits. Page 4 of 7

7 When acting on a permit authorizing the sale of food, cut flowers, and beverages. or merchandise and/or rentals of equipment or other things on and from a city street. sidewalk or parking lot, the director may condition issuance of such permit on compliance with any special requirements which the director determines are necessary to ensure that the equipment used to store, convey. prepare, sell. or serve the food, cut flowers, BBEl beverages. or merchandise and/or rentals of equipment or other things is maintained and operated in a safe and sanitary manner and in a manner that does not unreasonably obstruct or interfere with the use of a city street, sidewalk or parking lot. Section 9. That Section , Term of permits, of the Chico Municipal Code is hereby amended as follows: Term of permits. The initial term of a permit authorizing the sale of food, cut flowers, ad beverages. or merchandise and/or rentals of equipment or other things on and from a city street, sidewalk, or parking lot shall be for a period of not more than one year, commencing on the date such permit is issued and terminating one year from the date the permit is issued. At the end of the initial term, the permit may be renewed by the permittee for successive one-year terms by payment of a permit renewal fee on or before the date such permit expires in an amount established by resolution of the city council based on the cost of processing permit renewals and otherwise administering the provisions of this chapter. Section 10. That Section , Revocation of permits, of the Chico Municipal Code is hereby amended as follows: Revocation of permits. A. Grounds for Revocation. The director may revoke a permit authorizing the sale of food, cut flowers, ard beverages. or merchandise and/or rentals of equipment or other things on and from a city street, sidewalk or parking lot if the director has found that: (i) the permittee is selling food, cut flowers, ead beverages. or merchandise and/or rentals of equipment or other things on and from a city street, sidewalk or parking lot contrary to the terms and conditions of such permit or is in violation of any other state or city law or regulation applicable thereto; (ii) the permittee has been served with a notice by the director advising the permittee of the violation and requiring correction thereof within a reasonable time as set forth therein; and (iii) the permittee has not corrected the violation within the time set forth in such notice. However, the director may revoke a permit without first serving the permittee with notice of the violation in the manner provided herein in any case in which the permittee has been served with two other notices of violation by the director within the preceding 12-month period. B. Notice of Revocation. Where the director determines to revoke a permit authorizing the sale of food, cut flowers, and beverages. or merchandise and/or renta]s of equipment or other things on and from a city street, sidewalk or parking lot. the director shall cause a notice ofthe revocation to be served on the permittee. In such notice the director shall state the reasons for the determination to revoke the permit and shall set forth the right of Page 5 of 7

8 the person to whom the permit was issued to appeal such determination to the city council in the manner provided for by Title 2 of this code. Section 11. That Section , General conditions of city council franchises - Places. times and other conditions of operation, of the Chico Municipal Code is hereby amended as follows: General conditions of city council franchises - Places, times and other conditions of operation. Upon approval of a franchise granting an exclusive right to use a portion of the city streets, sidewalks or other city property for the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things, the franchisee shall conduct and carry out such sales and rentals only from the following places, during the following times and in the following manner unless the City Manager grants an exception to the permissible hours of operation under a case-by-case basis: A. Sales of the food, cut flowers, beverages, or merchandise and/or rentals of equipment or other things authorized by the franchise shall take place only from the city streets. sidewalks or other city property subject to the franchise and only during the times and on the days ofthe week or dates authorized by the franchise. B. Signs advertising the food, cut flowers, beverages, or merchandise to be sold and/or the equipment or other things to be rented shall be securely affixed to any vehicle or other equipment used in the sale of such food, cut flowers, beverages, or merchandise or in the rental of such equipment or other things. and shall conform to any size requirements provided for in Title 19 ofthis code. C. Noise produced by any audio equipment or other device used to attract attention to the place where the food, cut flowers, beverages, or merchandise is being sold or where the equipment or other thing is being rented shall not exceed the noise limits prescribed in Title 9 of this code. D. Equipment used in the sale of such food, cut flowers, beverages, or merchandise or in the rental of equipment or other things shall be maintained and operated in a safe and sanitary manner and in a manner that does not unreasonably obstruct or interfere with the use of any other city street, sidewalk or other city property, except in those cases when the franchisee has been issued some other permit or entitlement authorizing such obstruction or interference. E. Be*weenFrom the hours of 6:00 a.m. andlg 12:00 a.m. of the Allewe,#same day. sales of food or beverages shall not occur within 20 feet of any premises for which a license has been issued pursuant to Division 9 ofthe Business and Professions Code authorizing the sale or distribution of alcoholic beverages. F. The person authorized to sell food, cut flowers, or beverages pursuant to such permit shall be responsible for maintaining that portion of any street, sidewalk or parking lot within 50 feet of the place at which such person is engaged in such sales free of any litter or refuse attributable to the person's sale of food, cut flowers, or beverages. Section 12. The City Council finds and determines that the enactment of this Ordinance is not a project under the California Environmental Quality Act (CEQA) (Cal Pub. Resource Code et seq.) in that the activities described in the Ordinance are a continuing administrative Page 6 0 f 7

9 activity of the City involving general policy and procedure making and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. (State CEQA Guidelines. Cal. Code of Regs: Title ) Therefore. no environmental assessment is required or necessary. Section 13. If any part of this Ordinance, or its application to any individual. entity. or circumstance, is held to be invalid, the remainder of the Ordinance, including the application or provision to other persons or circumstances. shall be not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. Section 14. The City Clerk shall attest to the passage and adoption of this Ordinance, and shall cause same to be posted as required by law, and this Ordinance shall take effect thirty (30) calendar days after its adoption. THE FOREGOING ORDINANCE was adopted by the City Council of the City of Chico at its meeting held on,4.-by the following vote AYES. NOES: ABSENT: ABSTAINED: DISQUALIFIED: ATTEST: APPROVED AS TO CONTENT AND FORM: Deborah R. Presson City Clerk Vincent C. Ewing City Attorney Page 7 of 7

10 -.IZEBY 0 DOWNTOWN CHICO November 14, 2014 Chico City Council City of Chico 411 Main Street Chico, CA Dear Mayor and City Council Members, The DCBA's mission is to preserve and maintain a high quality of standards in Downtown Chico as well as to ensure an environment that is vital as a retail and cultural center. Our primary focus is to support business in a downtown that is attractive, clean, full of energy and sa fe, We are committed to this 24 hours a day. In February our Board of Directors chose to build on the momentum that the R-Town Coalition had begun during the 2013 Holiday Season and we adopted the Downtown Ambassador Program and the Jesus Center Clean-Up Brigade. In addition, we recently returned private security to the downtown for a clean, safe and prosperous holiday season. All of these efforts are implemented in partnership with the City. The Chico Police Department, AG Security and the Downtown Ambassadors are working in tandem and we feel this coordination, cooperation and shared surveillance is going to make a significant difference. To further these efforts, City staff is recommending a revision to the Vend, Peddle, and Hawk permit by reducing operations by 2.5 hours, from 6am - 2:30am to 6am - 12:00am. Given the issues the Chico PD has downtown, it is important to move people out of the downtown after the bars close. Unfortunately, the vendors keep Inebriated patrons downtown that results in the police having to deal with their effects. The DCBA joins the Chico Police Department and the Chico Chamber of Commerce in encouraging the City Council to support this change. As some businesses remain open after midnight in the downtown area it is important there are still areas in which people can congregate and feel safe. We feel this reduction will ensure the safety of our community and vendors. 1 Thank you for your support of this recommendation and the coordinated efforts being employed to keep our owntown Clean and Safe. Melanie Bassett Executive Director Downtown Chico Business Association 330 Salem Street Chico, CA Exhibit B

11 ChicoChamber VOICE OF BUSINESS November 15, 2014 Chico City Council City of Chico 411 Main Street Chico, CA Honorable Mayor and City Council Members, The safety of downtown Chico and our community remain paramount for our members and the business community at large. Daily, letters and phone calls expressing safety concerns reach our office and encourage us to remain steadfast in our efforts to recommend and support economically and socially viable measures to increase the safety of our citizens and property. I appreciate the collaboration occurring between City and community agencies to improve safety conditions through better communication, targeted recommendations, and genuine partnership out in the field. Currently, the Police Department working in tandem with the DCBA and their programs, both volunteer and paid, has made a noticeable impact in improving the downtown environment. To enhance these measures, City staff is recommending a revision to the Vend, Peddle, and Hawk permit by reducing operations by 2.5 hours, from 6am - 2:30am to 6am - 12:00am. This reduction represents an observation made by the Chico Police Department that the hours between midnight and 2:30am are volatile and unsafe for citizens gathering outside of brick-and-mortar businesses in the downtown area. To ensure the safety of our citizens and vendors who operate in public spaces in the early morning hours, we join the Chico PD and DCBA in encouraging the City Council to considerthis change. As some businesses remain open after midnight in the downtown area, there are still areas in which people can congregate with greater safety and under staff supervision. As this decision will impact the revenue of small, mobile operations, we can refer services and resources that support businesses through these transitions, should these be needed. And, if required for a special event, the City Manager retains the right to extend permit privileges for 72 hours by request, Thank you for your efforts to recognize and support the collaborative efforts now underway to improve the environment in downtown Chico. Best regards, Katie Simmons, President & CEO Chico Chamber of Commerce 441 Main Street, Chico, CA Tel: x 303 katie@chicochamber.corn Exhibit C