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HomeMy WebLinkAboutApprove for Introduction Ordinance No. 4284 Amending Municip (3) '��yTINGT 2000 Main Street, ......... ,D of; ` Huntington Beach,CA 9 92648 _' City of Huntington Beach �:.. Qr fi Y0) Ole m)pT76A/ 7--D '�`cF��U •NTY A�\oQ ll File #: 23-193 MEETING DATE: 3/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Eric Parra, Chief of Police PREPARED BY: Brian Smith, Lieutenant Subject: Adopt Ordinance No. 4284 Amending Municipal Code 13.52 Relating to Public Conduct within City-Owned Public Parking Structures - Approved for Introduction as Amended 2/21/2023, Vote: 7-0 Statement of Issue: Proposed Ordinance No. 4284 to amend Municipal Code Section 13.52 would prohibit certain conduct within the public parking structure that interfere with its intended use. Financial Impact: There is no anticipated financial impact due to the amendment of this Municipal Code. Recommended Action: Adopt Ordinance No. 4284, "An Ordinance of the City of Huntington Beach Amending Huntington Beach Municipal Code Chapter 13.52 Relating to Public Buildings" regarding public conduct within City-owned public parking structures. Alternative Action(s): Do not approve, and direct staff accordingly. Please note that if the proposed Ordinance is not adopted, the Huntington Beach Police Department will be limited in its ability to address quality of life issues impacting the City's public parking structures. Analysis: The Main Promenade Parking Structure is a vital access point for the downtown business district. However, in past years, the City has received complaints regarding quality of life issues interfering with the public's use of the parking structure and impacting local businesses, the adjacent neighborhood, residents and visitors alike. To help ensure this public facility is utilized for its intended purpose as public parking and access to public restroom facilities, this proposed Ordinance will prohibit conduct including smoking, interfering with the use of public restrooms on site, throwing or City of Huntington Beach Page 1 of 2 Printed on 3/6/2023 powered by LegistarT'" File #: 23-193 MEETING DATE: 3/7/2023 dropping items from the structure, speeding in excess of 10 mph, loitering, skateboarding, roller skating, riding scooters and bicycles. This Ordinance would also apply regulations that pertain to off- street City pay parking lots and off-street City parking lots to the parking structure, and establish an alternative remedy for those who violate the provisions of this. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. Ordinance No. 4284 Amended 2. PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 3/6/2023 powered by LegistarTM ORDINANCE NO. 4284 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 13.52 RELATING TO PUBLIC BUILDINGS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 13.52.10 is hereby amended to read as follows: 13.52.10 Definitions For the purpose of this Chapter,the following terms shall have the meanings as set forth herein, unless tie context in which they are used clearly indicates a contrary meaning. "Alcoholic Beverages" means any and all spirituous, vinous, malt or fermented liquor, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing one-half of one percent, or mote, of alcohol by volume, which are potable or fit as, or which may be used for, beverage purposes. "Cellular Phone" means a walkie-talkie, two-way radio, mobile phone, pager, beeper, and other electronic communication device. "Director" refers to the Director of Community & Library Services Department or designee. "Parking Structure" means the off-street parking facility owned and operated by the City of Huntington Beach at 200 Main Street, including parking stalls, driveways, attendant stations, elevators, restrooms, stairwells, walkways and any other common area within the structure. The phrase within the structure includes the upper exposed level of the parking structure. "Person" means any individual, firm, partnership,joint venture, association, social club, fraternal organization, corporation or any other group acting as a unit. "Public Building" means any structure owned, leased and/or maintained by the City. "Smoke or Smoking" means the carrying or holding of a lighted pipe, cigar, cigarette, e- cigarette, or any other lighted smoking product or equipment used to burn any tobacco-products, marijuana, plant, or any other combustible substance, including vaping. Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, e-cigarette or any other lighted smoking equipment used for burning or vaporizing any tobacco or nicotine product, marijuana, plant, or any other combustible substance. 1 23-12338/302418 ORDINANCE NO. 4284 SECTION 2. Section 13.52.020 Unlawful Acts is hereby amended to read as follows: 13.52.020 Unlawful Acts It is unlawful for any person to do or commit, or for any person to cause or permit to be done or committed on or within the premises of any public building within the City, any of the following: A. Disfiguration, Defacing, destroying and/or Removal of Public Property. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. In addition,No person shall cut, carve, hack, remove, deface or otherwise damage any wall, toilet, lavatory, restroom, building, sign or other structure, at or on the Parking Structure, or to place writing upon the interior or exterior of any wall, toilet, lavatory, restroom, building, sign or other structure therein, including but not limited to, any initial, name writing, printing, drawing or vulgar, profane or obscene word or picture on the Parking Structure. B. Restrooms and Washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. In addition, it shall be unlawful for any person to do any of the following: 1. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any walls, stalls, lights, waterlines or other public utilities or parts or appurtenances thereof, or signs, notices or placards whether temporary or permanent, or other structures or equipment, facilities or property or appurtenances whatsoever, either real or personal, or offer for sale any article or thing, or station or place any stand, cart or vehicle to sell or display of any such article or thing or announce, advertise or call the public attention in any way to any article or service for sale or hire. Nor shall any person paste, glue tack or otherwise post any sign, placard advertisement or inscription, or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or store or house personal property or deposit in any commode or urinal within any public restroom any newspaper, rag, part of clothing 2 ORDINANCE NO. 4284 or any item likely to clog said commode or urinal. 2. Sleeping, bathing, camping or habitation in any restroom. The intended use for a public restroom is a place for individuals to use the toilet facilities, change in or out of beach or sports attire, or wash one's hands. 3. Consume any alcoholic beverages, be in possession of an open container of alcohol or use, or be in possession of illegal narcotics. 4. No person, after first being warned by Director, designee, a law enforcement officer, or City official, or where a sign or signs have been posted in accordance with this chapter, shall loiter, stand, sit or lie in or upon, any restroom or washroom, or within fifteen feet of any restroom or washroom, including any entrance or exit, nor shall any person block nor obstruct, or prevent the free access to the entrance or exit to any restroom or washroom open to the public. C. Sanitation. Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or other trash. D. Alcoholic Beverages. To consume any alcoholic beverages of any kind whatsoever except when attending a function operating under an alcohol permit issued in accordance with Chapter 9.84 of this Code. E. Vending and Peddling. Expose or offer for sale any article or thing, nor shall he or she station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. F. Advertising. Announce, advertise or call the public attention in any way to any article or service for sale or hire. G. Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever. H. Cellular Phone. 1. Communicating on a cellular phone or have a cellular phone in a mode other than vibrate or silent or its equivalent, that is capable of emitting noise within any public library outside of a designated cellular phone area. Public employees working in their official capacity are exempt from this chapter. 2. Violation of this subsection is subject to the issuance of an administrative citation under the provisions of Chapter 1.18 of this Code. 3 ORDINANCE NO. 4284 I. City Parking Structures. No person shall sit, stand, recline, climb, walk, or balance on any railing, wall or roof of Parking Structure or any City parking structure. No person shall throw, drop or cast any objects from the Parking Structure. SECTION 3. Section 13.52.040 Loitering and Obstructing is hereby added to the Municipal Code to read as follows: 13.52.040 Loitering and Obstructing No person or group of persons shall loiter in a City-owned Parking Structure, unless they are engaged in one of the following activities or accompanying someone who is so engaged: A. Going to or from a parked vehicle in the Parking Structure. B. Going to or from public restroom facilities located in the Parking Structure. C. As authorized by the Director to be present. Except as provided in this Section, no person, after first being warned by a law enforcement officer or City official, or where a sign or signs have been posted, shall sit or lie in or upon any public way, including the breezeway, lobby, parking deck, parking stalls, walkway, stairwells, elevator, landings, or any portion of public or private property utilized for public use; neither shall any person block, nor obstruct, nor prevent the free access to the entrance to any building open to the public. As used herein, "loiter" shall be defined to mean to linger idly by the way, to idle, or to loaf,to stand or walk about aimlessly without purpose. SECTION 4. Section 13.52.050 Skateboards, Roller Skates, Scooters and Bicycle— Prohibited Users is hereby added to the Municipal Code to read as follows: 13.52.050 Skateboards, Roller Skates, Scooters and Bicycle—Prohibited Users No person shall use a skateboard, rollerblades, roller skates, bicycles or scooters in the Parking Structure. SECTION 5. Section 13.52.060 No Smoking is hereby added to the Municipal Code to read as follows: 13.52.060 No Smoking No person shall smoke in the Parking Structure except in a designated smoking or vaping area. 4 ORDINANCE NO. 4284 SECTION 6. Section 13.52.070 Unsafe Driving is hereby added to the Municipal Code to read as follows: 13.52.070 Unsafe Driving No person shall operate any vehicle or conveyance in the Parking Structure at a speed in excess of 10 miles. SECTION 7. Section 13.52.080 Off-Street Parking Lots Apply is hereby added to the Municipal Code to read as follows: 13.52.080 Off-Street City Parking Lots Apply All regulations pertaining to Off-Street City Pay Parking Lots and Off-Street City Parking Lots apply to the Main Promenade Parking Structure, in addition to the regulations described in this ordinance. SECTION 9. Section 13.52.090 Enforcing Officer is hereby added to the Municipal Code to read as follows: 13.52.090 Enforcing Officer This chapter may be enforced by the Director or designee as well as any peace officer. SECTION 10. Section 13.20.100 Violation Penalty is hereby added to the Municipal Code to read as follows: 13.52.100 Violation—Penalty Any person violating any provision of this chapter is guilty of a misdemeanor. SECTION 11. Section 13.52.110 Alternative Remedies is hereby added to the Municipal Code to read as follows: 13.52.110 Violation—Alternative Remedies Any violation of any provisions of this chapter shall subject the violator to ejection from the premises of the area in which the violation occurs. SECTION 12. Section 13.52.120 Violation—Alternative Remedies is hereby added to the Municipal Code to read as follows: 13.52.120 —Violation—Alternative Remedies Any violation of any provisions of this chapter shall subject the violator to ejection from the premises of the area in which the violation occurs. 5 ORDINANCE NO. 4284 SECTION 13. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of March , 2023. t+? Mayor ATTEST: APPROVED AS TO 943Se:414.4J City Clerk ✓ City Attorney to ' VIEWED • D APP OVED: INITIATED AND PPROVE : y 4bzger Chief of Police 6 Ord. No. 4284 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on February 21, 2023, and was again read to said City Council at a Regular meeting thereof held on March 7, 2023, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns NOES: None ABSENT: None ABSTAIN: None I,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on March 16,2023. 6:4.141(14#' In accordance with the City Charter of said City. RN in Estanislau, City Clerk City Clerk'and ex-officio Clerk "Ab.- Deputy City Clerk of the City Council of the City of Huntington Beach, California ,Huntington Beach Wave 1920 Main St, Suite 225 Irvine, Ca 92614 714-796-2209 5190751 HUNTINGTON BEACH, CITY OF PROOF OF PUBLICATION CITY CLERK DEPARTMENT 2000 MAIN ST Legal No. 0011591262 HUNTINGTON BEACH, CA 92648-2763 H.B.Wave PUBLISH DATE: 03/16/2023 CITY OF HUNTINGTON BEACH LEGAL NOTICE FILE NO. 4284-Amending HBMC Ch. 13.52 ORDINANCE NO.4284 Adopted by the City Council on March 7,2023 AFFIDAVIT OF PUBLICATION "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH MUN ICI PAL CODE CHAPTER 13.52 STATE OF CALIFORNIA, RELATING TO PUBLIC BUILDINGS" SS, SYNOPSIS : Ordinance No. 4284 amends Chapter 13.52 of the Huntington Beach County of Orange Municipal Code regarding public conduct within a City-owned public parking structure. Ordinance No. 4284 prohibits conduct including smoking, interfering with the use of public restrooms, throwing or dropping items from the structure, speeding in excess of 10 mph, loitering, skateboarding, roller skating, riding scooters and bicycles. In addition, the ordinance applies regulations that pertain to off-street City I am a citizen of the United States and a resident of the pay Parking lots and off-street City parking lots to the parking structure, and establishes an alternative remedy for violations of the provisions. County aforesaid; I am over the age of eighteen years,and COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY not a party to or interested in the above entitled matter. I CLERK'S OFFICE. am the principal clerk of the Huntington Beach Wave, a PASSED AND ADOPTED by the City Council of the City of Huntington newspaper that has been adjudged to be a newspaper of vote Beach: at a regular meeting held March 7,2023 by the following roll call general circulation by the Superior Court of the County of AYES: Kalmick,Moser,Van Der Mark,Strickland,McKeon, Orange, State of California, on July 1, 1998, Case No. Bolton,Burns A-185906 in and for the City of Huntington Beach, County NOES: None of Orange, State of California;that the notice, of which the annexed is a true printed copy, has been published in ABSENT: None each regular and entire issue of said newspaper and not in This ordinance is effective April 6,2023. any supplement thereof on the following dates, to wit: CITY OF HUNTINGTON BEACH 2000 MAIN STREET • HUNTINGTON BEACH,CA 92648 03/16/2023 ROBIN ESTAN I SLAU?CITY CLERK I certify(or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: March 16, 2023. akciaiiv.ta.„,A,yryi Signature r.LP1-12/15/16 t LEGISLATIVE DRAFT HBMC CHAPTER 13.52 Chapter 13.52 13.52.010 Definitions For the purpose of this e Chapter, the following terms shall have the meanings as set forth herein, unless the context in which they are used clearly indicates a contrary meaning: "Director"refers to the Director of Community& Library Services Department or designee. "Parking Structure" means the off-street parking facility owned and operated by the City of Huntington Beach at 200 Main Street, including parking stalls, driveways, attendant stations, elevators, restrooms, stairwells,walkways and any other common area within the structure. The phrase within the structure includes the upper exposed level of the parking structure. "Public Building" means any structure owned, leased and/or maintained by the City. «�''....ke" a the ct „f� ok g lig to tob .,a t e d strib do of t,.b Gri,�ke or fumes-into-the-air--by-any-means, "Smoke or Smoking" means the carrying or holding of a lighted pipe, cigar, cigarette, e- ci.arette or an other li'hted smokin. .roduct or e•ui.ment use. to burn an tobacco .roducts marijuana, plant, or any other combustible substance, including vaping. Smoking includes emitting or exhaling the fumes of any pipe, cigar, cigarette, e-cigarette or any other lighted smoking equipment used for burning or vaporizing any tobacco or nicotine product, marijuana, plant, or any other combustible substance. 13.52.020 Unlawful Acts It is unlawful for any person to do or commit, or for any person to cause or permit to be done or committed on or within the premises of any public building within the City, any of the following: A. Disfiguration, Defacing, destroying and/or Removal of Public Property and Removal. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridges,tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. In addition,No person shall cut, carve,hack, remove, deface or otherwise damage any wall, toilet, lavatory, restroom, building, sign or other structure, at or on the Parking Structure, or to place writing upon the interior or exterior of any wall,toilet, lavatory, restroom, building, sign or other structure therein, including but not limited to, any initial, name writing, printing, drawing or vulgar, profane or obscene word or picture on the Parking Structure. B. Restrooms and Washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.No person over the age of five years shall use the restrooms and < ashrooms designated f r the ^ to s . In addition, it shall be unlawful for any person to do any of the following: 1. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any walls, stalls, lights, waterlines or other public utilities or parts or appurtenances thereof, or signs, notices or placards whether temporary or permanent, or other structures or equipment, facilities or property or appurtenances whatsoever, either real or personal, or offer for sale any article or thing, or station or place any stand, cart or vehicle to sell or display of any such article or thing or announce, advertise or call the public attention in any way to any article or service for sale or hire.Nor shall any person paste, glue tack or otherwise post any sign, placard advertisement or inscription, or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt. rubbish,waste, garbage or refuse or store or house personal property or deposit in any commode or urinal within any public restroom any newspaper, rag, part of clothing or any item likely to clog said commode or urinal. 2. Sleeping, bathing, camping or habitation in any restroom. The intended use for a public restroom is a place for individuals to use the toilet facilities chance in or out of beach or sports attire, or wash one's hands. 3. Consume any alcoholic beverages, be in possession of an open container of alcohol or use, or be in possession of illegal narcotics. 4. No person, after first being warned by Director,designee,a law enforcement officer, or City official, or where a sign or signs have been posted in accordance with this chapter, shall loiter, stand, sit or lie in or upon, any restroom or washroom, or within fifteen feet of any restroom or washroom, including any entrance or exit, nor shall any person block nor obstruct, or prevent the free access to the entrance or exit to any restroom or washroom open to the public. I. City Parking Structures.No person shall sit, stand, recline, climb, walk, or balance on any railing, wall or roof of Parking Structure or any other City parking structure. No person shall throw, drop or cast any objects from the Parking Structure. or climb upon, over, or under such rails, or sit, walk,balance, or climb upon or over any cement walls that may be adjacent to such rails or serve as rails. 13.52.040 Loitering and Obstructing No person or group of persons shall loiter in a City-owned Parking Structure, unless they are engaged in one of the following activities or accompanying someone who is so engaged: A. Going to or from a parked vehicle in the Parking Structure. B. Going to or from public restroom facilities located in the Parking Structure. C. As authorized by the Director to be present. Except as provided in this Section, no person,after first being warned by a law enforcement officer or City official, or where a sign or signs have been posted, shall sit or lie in or upon any public way, including the breezeway, lobby, parking deck, parking stalls, walkway, stairwells, elevator, landings, or any portion of public or private property utilized for public use; neither shall any person block, nor obstruct, nor prevent the free access to the entrance to any building open to the public. As used herein, "loiter" shall be defined to mean to linger idly by the way,to idle,or to loaf,to stand or walk about aimlessly without purpose. 13.52.050 Skateboards,Roller Skates, Scooters and Bicycle—Prohibited Users No person shall use a skateboard, rollerblades, roller skates, bicycles or scooters in the Parking Structure. 13.52.060 No Smoking No person shall smoke in the Parking Structure except in a designated smoking or vaping area. 13.52.070 Unsafe Driving No person shall operate any vehicle or conveyance in the Parking Structure at a speed in excess of 10 miles. 13.52.080 Off-Street City Parking Lots Apply All regulations pertaining to Off-Street City Pay Parking Lots and Off-Street City Parking Lots apply to the Main Promenade Parking Structure, in addition to the regulations described in this ordinance. 13.52.090 Enforcing Officer This chapter may be enforced by the Director or designee as well as any peace officer. 13.52.100 Violation—Penalty Any person violating any provision of this chapter is guilty of a misdemeanor. 13.52.110 Violation—Alternative Remedies Any violation of any provisions of this chapter shall subject the violator to ejection from the premises of the area in which the violation occurs. 13.52.120—Violation—Alternative Remedies Any violation of any provisions of this chapter shall subject the violator to ejection from the premises of the area in which the violation occurs. Moore, Tania From: cherivatkinson@aol.com Sent: Monday, March 6, 2023 11:25 AM To: supplementalcomm@surfcity-hb.org; cherivatkinson@aol.com Subject: Opinion on Items 12, 13, 16, and 18 Hi, This is Cheri Atkinson LCSW, and a long term resident of Huntington Beach. I ask you to vote 1. Item 12- Flag Ordinance- I ask you to vote NO-This has an negative impact on our LGBTQ residents in our community, and sends an unwelcoming message, and hurts the image of Huntington Beach. 2. Item 13 - Behavior in Public Structures- I ask you to vote NO. I have done the Point in Time count, and many of our homeless residents may stay there to escape the elements, to stay alive, until they are housed. THIS AS WELL AS ITEM 14, REFLECTS THAT A POLICING MODEL, OUT OF SIGHT< SOLVED THE HOMELESS MODEL, and it is a nonhumanitarian approach. 3. Item 16- Builder's Remedy Ordinance- I ask you to vote NO on this. By not approving the Housing Element, and the Builder's Remedy Ordinance, you are saying No, to affordable housing for those who work here, the disabled, seniors, the disabled, and our children. 4. Item 18-Allowing ADU applications- I ask you to vote Yes-This allows for affordable housing, for seniors, young residents, three generational families. It is a win for so many. Please acknowledge that you received and read this. Cheri Atkinson LCSW cherivatkinson@aol.com SUPPLEMENTAL COMMUNICATION Meeling Date: 3/// o? 4genda Item No.' (3 i Moore, Tania From: Fikes, Cathy Sent: Monday, March 6, 2023 6:05 PM To: Agenda Alerts Subject: FW: Items 13 and 14 March 7 agenda;VOTE NO From: Lynne Deakers<Icdeakers@gmail.com> Sent: Monday, March 6, 2023 3:35 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Items 13 and 14 March 7 agenda;VOTE NO There are better ways to solve these issues than criminalizing homelessness in our city. Lynne Deakers 40 year resident Huntington Beach SUPPLEMENTAL COMMUNICATION Meeting Date: 3/?l 2 3 Agenda Item No.; 13(�3 - d 93) 2000 Main Street, PF� ^✓ ` Huntington Beach, CA i o City of Huntington Beach , gove Faz ove- ion ,„-ouruTv�a 571�/Kt L'9-ZIP4 nE/�(I /3.s.2,ezv File #: 23-176 MEETING DATE: 2/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Eric Parra, Chief of Police PREPARED BY: Brian Smith, Lieutenant Subject: Approve for Introduction Ordinance No. 4284 Amending Municipal Code 13.52 Relating to Public Conduct within City-Owned Public Parking Structures Statement of Issue: Proposed Ordinance No. 4284 to amend Municipal Code Section 13.52 would prohibit certain conduct within the public parking structure that interfere with its intended use. Financial Impact: There is no anticipated financial impact due to the amendment of this Municipal Code. Recommended Action: Staff recommends City Council approve for introduction Ordinance No. 4284, "An Ordinance of the City of Huntington Beach Amending Huntington Beach Municipal Code Chapter 13.52 Relating to Public Buildings" regarding public conduct within City-owned public parking structures. Alternative Action(s): Do not approve, and direct staff accordingly. Please note that if the proposed Ordinance is not adopted, the Huntington Beach Police Department will be limited in its ability to address quality of life issues impacting the City's public parking structures. Analysis: The Main Promenade Parking Structure is a vital access point for the downtown business district. However, in past years, the City has received complaints regarding quality of life issues interfering with the public's use of the parking structure and impacting local businesses, the adjacent neighborhood, residents and visitors alike. To help ensure this public facility is utilized for its intended purpose as public parking and access to public restroom facilities, this proposed Ordinance will prohibit conduct including smoking, interfering with the use of public restrooms on site, throwing or dropping items from the structure, speeding in excess of 10 mph, loitering, skateboarding, roller City of Huntington Beach Page 1 of 2 Printed on 2/16/2023 664 LegistarM File #: 23-176 MEETING DATE: 2/21/2023 skating, riding scooters and bicycles. This Ordinance would also apply regulations that pertain to off- street City pay parking lots and off-street City parking lots to the parking structure, and establish an alternative remedy for those who violate the provisions of this. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. Ordinance No. 4284 2. PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 2/16/2023 power LegistarTM City Council/ ACTION AGENDA February 21, 2023 Public Financing Authority 24. 23-176 Approved for Introduction Ordinance No. 4284 Amending Municipal Code 13.52 Relating to Public Conduct within City-Owned Public Parking Structures Recommended Action: Staff recommends City Council approve for introduction Ordinance No. 4284, "An Ordinance of the City of Huntington Beach Amending Huntington Beach Municipal Code Chapter 13.52 Relating to Public Buildings" regarding public conduct within City-owned public parking structures. Approved 7-0 as amended—strike language in 13.52.020 "No person over the age of five years shall use the restrooms and washrooms designated for the opposite sex." 25. 23-177 Approved for Introduction Ordinance No. 4273 Amending Municipal Code 13.48 Relating to the Use of Tents and Other Uses Within City Parks Recommended Action: Staff recommends City Council approve the introduction of Ordinance 4273, "An Ordinance of the City Council of the City of Huntington Beach Amending Title 13 of the Huntington Beach Municipal Code Relating to Parking Lot and Camping Regulations in Public Parks, and Making a Finding of Exemption Under CEQA" relating to the use of tents and other uses within City parks. Approved 7-0 as amended to insert language found in 13.48.040— Public Toilets, "No person shall fail to cooperate in maintaining public toilets in a neat and sanitary condition nor shall any person loiter in or about any public toilet." COUNCILMEMBER ITEMS 26. 23-172 Item Submitted by Councilmember Burns approved - SB 9 and SB 10 Impacts to Huntington Beach Recommended Action: Direct the City Attorney to take any legal action necessary to challenge SB 9 and SB 10 and the laws that permit ADU's. Also, direct the City Manager to cease the processing of all applications/permits brought to the City by developers under SB 9, SB 10, or State law related ADU projects, until the courts have adjudicated the matter(s). Approved 4-3 (Kalmick, Moser, Bolton— No) 27. 23-184 Item Submitted by Mayor Strickland and Mayor Pro Tem Van Der Mark approved - Request to prepare an Invocation Policy Recommended Action: Direct the City Manager to work with the City Attorney to return to the City Council with a Resolution for a City Council policy for the constituting of a list of religious associates or leaders, maintaining that list, evaluation of religious associates or leaders, and rotation system for religious leaders at City Council meetings to offer an invocation. The City Attorney Page 9 of 9 ORDINANCE NO. 4284 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 13.52 RELATING TO PUBLIC$UILDINGS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 13.52.10 is hereby amended to read as follows: 13.52.10 Definitions For the purpose of this Chapter,the following terms shallhave the meanings as set forth herein, unless tke context in which they are used clearly indicates a contrary meaning. "Alcoholic Beverages" means any and all spirituous,vinous, malt or fermented liquor, liquids or compounds,whether medicated,proprietary,patented or not, and by whatever name called, containing one-half of one percent,or mote, of alcohol by volume,which are potable or fit as, or which may be used for,beverage purposes. "Cellular Phone" means a walkie-talkie,two-way radio, mobile phone, pager, beeper, and other electronic communication device. "Director"refers to the Director of Community & Library Services Department or designee. "Parking Structure" means the off-street parking facility owned and operated by the City of Huntington Beach at 200 Main Street, including parking stalls, driveways, attendant stations, elevators,restrooms, stairwells, walkways and any other common area within the structure. The phrase within the structure includes the upper exposed level of the parking structure. "Person" means any individual, firm, partnership,joint venture, association, social club, fraternal organization, corporation or any other group acting as a unit. "Public Building" means any structure owned,leased and/or maintained by the City. "Smoke or Smoking" means the carrying or holding of a lighted pipe, cigar, cigarette, e- cigarette, or any other lighted smoking product or equipment used to burn any tobacco products, marijuan /plant,or any other combustible substance,including vaping. Smoking includes emittin or exhaling the fumes of any pipe, cigar,cigarette, e-cigarette or any other lighted smo ng equipment used for burning or vaporizing any tobacco or nicotine product, marijuana, pl nt, or any other combustible substance. 1 23-12338/302418 666 ORDINANCE NO. 4284 SECTION 2. Section 13.52.020 Unlawful Acts is hereby amended to read as follows: 13.52,020 Unlawful Acts It is unlawful for any person to do or commit, or for any person to cause or permit to be done or committed on or within the premises of any public building within the City, any of the following: A. Disfiguration, Defacing, destroying and/or Removal of Public Property. Willfully mark, deface,disfigure, injure, tamper with, or displace or remove, any building, bridges,tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs,notices or placards whether temporary or permanent, monuments, stakes,posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. In addition,No person shall cut, carve,hack, remove, deface or otherwise damage any wall, toilet, lavatory, restroom, building, sign or other structure, at or on the Parking Structure, or to place writing upon the interior or exterior of any wall,toilet, lavatory, restroom, building, sign or other structure therein, including but not limited to, any initial, name writing, printing, drawing or vulgar, profane or obscene word or picture on the Parking Structure. B. Restrooms and Washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of five years shall use the restrooms and washrooms designated for the opposite sex. In addition, it shall be unlawful for any person to do any of the following: 1. Willfully mark, deface, disfigure, injure, tamper with, or d isplace or remove, any walls, stalls,lights, waterlines or other public utilities or parts or appurtenances thereof, or signs, notices or placards whether temporary or permanent, or other structures or equipment, facilities or property or appurtenances whatsoever, either real or personal, or offer for sale any article or thing, or station or place any stand, cart or vehicle to sell or display of any such article or thing or announce, advertise or call the public attention in any way to any article or service for sale or hire.Nor shall any person paste, glue tack or otherwise post any sign, placard advertisement or inscription, / or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, / rubbish,waste, garbage or refuse or store or house personal property or deposit in any commode or urinal within any public restroom any newspaper, rag, part of clothing 2 667 ORDINANCE NO. 4284 or any item likely to clog said commode or urinal. 2. Sleeping, bathing, camping or habitation in any restroom. The intended use for a public restroom is a place for individuals to use the toilet facilities, change in or out of beach or sports attire, or wash one's hands. 3. Consume any alcoholic beverages, be in possession of an open container of alcohol or use, or be in possession of illegal narcotics. 4. No person, after first being warned by Director, designee, a law enforcement officer, or City official, or where a sign or signs have been posted in accordance with this chapter, shall loiter, stand, sit or lie in or upon, any restroom or washroom, or within fifteen feet of any restroom or washroom, including any entrance or exit, nor shall any person block nor obstruct, or prevent the free access to the entrance or exit to any restroom or washroom open to the public. C. Sanitation. Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish,waste, garbage or refuse, or other trash. D. Alcoholic Beverages. To consume any alcoholic beverages of any kind whatsoever except when attending a function operating under an alcohol permit issued in accordance with Chapter 9.84 of this Code. E. Vending and Peddling. Expose or offer for sale any article or thing, nor shall he or she station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. F. Advertising. Announce, advertise or call the public attention in any way to any article or service for sale or hire. G. Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever. H. Cellular Phone. 1. Communicating on a cellular phone or have a cellular phone in a mode other than vibrate or silent or its equivalent, that is capable of emitting noise within any public library outside of a designated cellular phone area. Public employees working in their official capacity are exempt from this chapter. 2. Violation of this subsection is subject to the issuance of an administrative citation under the provisions of Chapter 1.18 of this Code. 3 668 ORDINANCE NO. 4284 I, City Parking Structures.No person shall sit, stand, recline, climb, walk, or balance on any railing,wall or roof of Parking Structure or any City parking structure. No person shall throw, drop or cast any objects from the Parking Structure. SECTION 3. Section 13.52.040 Loitering and Obstructing is hereby added to the Municipal Code to read as follows: 13.52.040 Loitering and Obstructing No person or group of persons shall loiter in a City-owned Parking Structure,unless they are engaged in one of the following activities or accompanying someone who is so engaged: A. Going to or from a parked vehicle in the Parking Structure. B. Going to or from public restroom facilities located in the Parking Structure. C. As authorized by the Director to be present. Except as provided in this Section, no person, after first being warned by a law enforcement officer or City official, or where a sign or signs have been posted, shall sit or lie in or upon any public way, including the breezeway, lobby, parking deck, parking stalls, walkway, stairwells, elevator, landings, or any portion of public or private property utilized for public use; neither shall any person block,nor obstruct, nor prevent the free access to the entrance to any building open to the public. As used herein, "loiter"shall be defined to mean to linger idly by the way,to idle,or to loaf,to stand or walk about aimlessly without purpose. SECTION 4. Section 13.52.050 Skateboards, Roller Skates, Scooters and Bicycle— Prohibited Users is hereby added to the Municipal Code to read as follows: 13.52.050 Skateboards, Roller Skates,Scooters and Bicycle—Prohibited Users No person shall use a skateboard, rollerblades, roller skates, bicycles or scooters in the Parking Structure. SECTION 5. Section 13.52.060 No Smoking is hereby added to the Municipal Code to read as follows: 13.52.060 No Smoking No person shall smoke in the Parking Structure except in a designated smoking or vaping area. 4 669 ORDINANCE NO. 4284 SECTION 6. Section 13.52.070 Unsafe Driving is hereby added to the Municipal Code to read as follows: 13.52.070 Unsafe Driving No person shall operate any vehicle or conveyance in the Parking Structure at a speed in excess of 10 miles. SECTION 7. Section 13.52.080 Off-Street Parking Lots Apply is hereby added to the Municipal Code to read as follows: 13.52.080 Off-Street City Parking Lots Apply All regulations pertaining to Off-Street City Pay Parking Lots and Off-Street City Parking Lots apply to the Main Promenade Parking Structure, in addition to the regulations described in this ordinance. SECTION 9. Section 13.52.090 Enforcing Officer is hereby added to the Municipal Code to read as follows: 13.52.090 Enforcing Officer This chapter may be enforced by the Director or designee as well as any peace officer. SECTION 10. Section 13.20.100 Violation Penalty is hereby added to the Municipal Code to read as follows: 13.52.100 Violation—Penalty Any person violating any provision of this chapter is guilty of a misdemeanor. SECTION 11. Section 13.52.110 Alternative Remedies is hereby added to the Municipal Code to read as follows: 13.52.110 Violation—Alternative Remedies Any violation of any provisions of this chapter shall subject the violator to ejection from the premises of the area in which the violation occurs. SECTION 12. Section 13.52.120 Violation—Alternative Remedies is hereby added to the Municipal Code to read as follows: 13.52.120—Violation—Alternative Remedies Any violation of any provisions of this chapter shall subject the violator to ejection from the premises of the area in which the violation occurs. 5 670 ORDINANCE NO. 4284 SECTION 13. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of ,2023. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND�PPROVE City Manager Chief of Police 6 671 LEGISLATIVE DRAFT HBMC CHAPTER 13.52 Chapter 13.52 13.52.010 Definitions For the purpose of this e Chapter,the following terms shall have the meanings as set forth herein, unless the context in which they are used clearly indicate a contrary meaning: "Director" refers to the Director of Community & library Services Department or designee. "Parking Structure" means the off-street p3rking facility owned and operated by the City of H n in n B h at 200 Main S r ' 1 in arkin 11 riv a a en n stations, elevators, restrooms, stairwells;walkways and any other common area within the structure. The phrase within the strueture includes the upper exposed level of the parking structure. "Public Building" means any structure owned, leased and/or maintained by the City. fumes into the air by any means. "Smoke or Smoking" means the carrying or holding of a lighted pipe, cigar, cigarette, e- cigarette, or any other,lighted smoking product or equipment used to burn any tobacco products, marijuana, plant, or any other combustible substance, including vaping. Smoking includes emitting or exhali the fumes of any nine, cigar, cigarette, e-cigarette or any other lighted smoking equipment used for burning or vaporizing any tobacco or nicotine product marijuana plant, or any other combustible substance. 13.52.020 U lawful Acts It is unliwful for any person to do or commit, or for any person to cause or permit to be done or committed on or within the premises of any public building within the City, any of the following: 1 A. Disfiguration,Defacing, destroying and/or Removal of Public Property and Removal. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridges,tables, benches, fireplaces, railings,paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes,posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. In addition,No person shall cut, carve, hack, remove, deface or otherwise damage any wall, toilet, lavatory, restroom, building, sign or other structure, at or on the Parking Structure, or to place writing upon the interior or exterior of any wall, toilet, lavatory, restroom, building, sign or other structure therein, including but not limited to, any initial,name writing, printing, drawing or vulgar, profane or obscene word or picture on the Parking Structure. B. Restrooms and Washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of five years shall use the restrooms and washrooms designated for the opposite sex.In addition, it shall be unlawful for any person to do any of the following: 1. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any walls, stalls, lights, waterlines or other public utilities or parts or appurtenances thereof, or signs, notices or placards whether temporary or permanent, or other structures or equipment, facilities or property or appurtenances whatsoever, either real or personal, or offer for sale any article or thing, or station or place any stand, cart or vehicle to sell or display of any such article or thing or announce, advertise or call the public attention in any way to any article or service for sale or hire.Nor shall any person paste; glue tack or otherwise post any sign, placard advertisement or inscription, or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish,waste, garbage or refuse or store or house personal property or deposit in any commode or urinal within any public restroom any newspaper, rag, part of clothing or any item likely to clog said commode or urinal. 2. Sleeping, bathing, camping or habitation in any restroom. The intended use for a public restroom is a place for individuals to use the toilet facilities, change in or out of beach or sports attire, or wash one's hands. 3. Consume any alcoholic beverages, be in possession of an open container of alcohol or use, or be in possession of illegal narcotics. 4. No person, after first being warned by Director, designee, a law enforcement officer, or City official, or where a sign or signs have been posted in accordance with this chapter, shall loiter, stand, sit or lie in or upon, any restroom or washroom, or within fifteen feet of any restroom or washroom, including any entranee or exit, nor shall any person block nor obstruct, or prevent the free access to the entrance or exit to any restroom or washroom open to the public. • I. City Parking Structures. No person shall sit, stand,recline, climb, walk, or balance on any railing, wall or roof of Parking Structure or any other City parking structure. No person shall throw, drop or cast any objects from the Parking Structure.or climb upon, over, or under such rails, or sit, walk, balance, or climb upon or over any cement walls that may be adjacent to such rails or serve as rails. 13.52.040 Loitering and Obstructing, No person or group of persons shall loiter in a City-owned Parking Structure, unless they are engaged in one of the following activities or accompanying someone who is so engaged: A. Going to or from a parked vehicle in the Parking Structure. B. Going to or from public restroom facilities located in the Parking Structure. C. As authorized by the Director to be present. Except as provided in this Section, no person, after first being warned by a law enforcement officer or City official, or where a sign or signs have been posted, shall sit or lie in or upon any public way, including;'the breezeway, lobby, parking deck, parking stalls, walkway, stairwells, elevator, landings, ,or any portion of public or private property utilized for public use; neither shall any person flock, nor obstruct, nor prevent the free access to the entrance to any building open to the public. r As used he/ in, "loiter" shall be defined to mean to linger idly by the way, to idle, or to loaf,to stand or, walk about aimlessly without purpose. r 13.5 .050 Skateboards,Roller Skates, Scooters and Bicycle—Prohibited Users i No person shall use a skateboard,rollerblades, roller skates,bicycles or scooters,in the Parking Structure. 13.52.060 No Smoking No person shall smoke in the Parking Structure except in a designated smoking or vaping area. 13.52.070 Unsafe Driving No person shall operate any vehicle or conveyance in the Parking Structure at a speed in excess of 10 miles. 13.52.080 Off-Street City Parking Lots Apply ' All regulations pertaining to Off-Street City Pay Parking Lots and Off-Street City Parking Lots apply to the Main Promenade Parking Structucii,in addition to the regulations described in this ordinance. 13.52.090 Enforcing Officer This chapter may be enforced by the birector or designee as well as any peace officer. 13.52.100 Violation—Penalty Any person violating any provision of this chapter is guilty of a misdemeanor. 13.52.110 Violation—Alternative Remedies Any violation of any provisions of this chapter shall subject the violator to ejection from the premises of the area in which the violation occurs. 13.52.120—Violation—Alternative Remedies Any violation of any provisions of this chapter shall subject the violator to ejection from the premises of the area in which the violation occurs. 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CU Om • • ,4'a�ti biy rr F dp .r O U U O �C N U 2 c (6 U Ca C Co a) co c d- O p Z N N— cal— 0 c ■=MI c ^ O L C C c o O U 0 c 4-- O O O > (3 0) ' li • Moore, Tania From: Fikes, Cathy Sent: Monday, February 20, 2023 8:54 PM To: Agenda Alerts Subject: FW: CC Meeting 2/21/23 RE:Agenda item 23-176 From: Longboard Restaurants<longboardhb@gmail.com> Sent:Saturday, February 18, 2023 7:44 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: CC Meeting 2/21/23 RE:Agenda item 23-176 The Longboard Restaurant & Pub located at 217 Main Street is in favor of the proposed Ordinance No 4284: 23-176: Approve for Introduction Ordinance No. 4284 Amending Municipal Code 13.52 Relating to Public Conduct within City-Owned Public Parking Structures Board Operations Dept. Ron McLin Mike Williams Downtown Longboard&Pub 714-960-1896 217 Main St HB,CA 92648 longboardpubs.com Longboard Restaurant& Pub on Springdale 714-896-8700 14892 Springdale St , Huntington Beach, CA 92647 Website The Longboard Restaurant at Springdale SUPPLEMENTAL COMMUNICATION Meeting Date: 4-91 1,9,)a-2) Agenda Item No.; 4.,94 (r9 - I Wo) Switzer, Donna From: Fikes, Cathy Sent: Tuesday, February 21, 2023 12:51 PM To: Agenda Alerts Subject: FW: February 21 2023 meeting Meeting Oate: cal:24//23 From:Annilise Flanagan-Frankl <anniliseff@gmail.com> Agenda Item No.; �`1 (-23 /.3"g Sent:Tuesday, February 21, 2023 11:17 AM To:CITY COUNCIL<city.council@surfcity-hb.org> Subject: February 21 2023 meeting I am unable to attend the meeting in person and wish to make a public comment on the following agenda items. #23. I OPPOSE this item. HB needs to demonstrate it is an inclusive comment. #24. This needs more information #25. This needs more information. #26. I OPPOSE this item. State law applies to ALL communities. #27. I OPPOSE this item. To be an inclusive community the separation of church and state should not intersect. This opens the door to unnecessary litigation. Annilise Flanagan-Frankl Annilise M. Flanagan-Frankl, M.A. CounselingPsychologist Nationally Certified School Psychologist Remember - the past is over, the future is a mystery,and today is a gift. That is why it is called the PRESENT. Make today count. Call: 847-226-3119 i