FROM:
Planning Department
SUBJECT:
Title
Municipal Code Amendment (MCA) No. 22-01 - Adoption of an Urgency Ordinance of the City Council of the City of Fontana, Amending Sections 13-27 and 13-30 of the Fontana Municipal Code, Amending the Enforcement Authority regarding the City’s Environmental Health Code, and Adoption of a Regular Ordinance for Long-Term Implementation of same
End
RECOMMENDATION:
Recommendation
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COUNCIL GOALS:
• To create a team by working together to provide stability and consistent policy direction.
• To improve public safety by emphasizing community-oriented policing and community involvement.
DISCUSSION:
The Municipal Code Amendment (MCA) No. 22-01 being presented for the consideration that would amend sections 13-27 and 13-30 of Article II, Chapter 13, of the Fontana Municipal Code to establish that the City has the authority to enforce its Environmental Health Code. Currently, the Code establishes that the San Bernardino County Department of Environmental Health Services (DEHS) has enforcement authority. This amendment would expand the authority to both the City of Fontana and DEHS. Such action would further the City Council finding that, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection.
The existing Ordinance is lacking enforcement provisions and thus enforcement efforts have been hampered by two main issues - the ability to cite for Environmental Health Code violations and limited staffing resources. In addition, DEHS lacks sufficient staff to be out every weekend and evening when most of these activities take place. Adoption of the proposed amendments to sections 13-27 and 13-30 of the Municipal Code will provide city staff with the authority needed to enforce the Environmental Health Code.
Background:
On September 17, 2018, Governor Brown signed Senate Bill 946 (SB 946), which limits the City's ability to regulate sidewalk vending. The bill took effect on January 1, 2019 and nullified the current restrictions the City places on sidewalk vending and itinerant vendors. With the enactment of SB 946, the Legislature amended California Government Code Sections 51036 and 51069 to decriminalize sidewalk vending. While the bill places many restrictions on the City, the intent behind the bill is to promote entrepreneurship and economic development opportunities for low-income and immigrant communities.
On February 12, 2019, the Mayor and City Council adopted a Code Amendment adding Article XVII to Chapter 15 of the Fontana Municipal Code imposing regulations on sidewalk vending and the current regulations have been in effect for about 36 months.
Staff is recommending an amendment to the City’s Municipal Code to strengthen the City's ability to enforce illegal street vending activities due to the significant number of complaints received from businesses and residents of the community.
Environmental:
The Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, because it has no potential for resulting in physical change in the environment, directly or indirectly. Pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation
ATTACHMENTS:
Attachment No. 1: Urgency Ordinance No. __
Attachment No. 2: Ordinance No. __
Attachment No. 3: Notice of Exemption
Attachment No. 4: Public Hearing Notice