CITY COUNCIL AGENDA REPORT

<www.ci.santa-cruz.ca.us/cc/archives/02/9-10meeting/9-10rpt/downtownComm.htm>

DATE: September 5, 2002

AGENDA OF: September 10, 2002

DEPARTMENT: City Manager

SUBJECT: DOWNTOWN COMMISSION RECOMMENDATIONS REGARDING
EXEMPTION AREAS UNDER CHAPTER 5.43 OF THE SANTA CRUZ
MUNICIPAL CODE PERTAINING TO NONCOMMERCIAL USE OF
CITY STREETS AND SIDEWALKS FOR SALES AND SOLICITATION

RECOMMENDATION: That the City Council consider the recommendations of the Downtown Commission regarding exemption areas under Chapter 5.43 of the Santa Cruz Municipal Code pertaining to noncommercial use of City streets and sidewalks for sales and solicitation.

BACKGROUND:
On July 24, 2002, the City Council adopted amendments to existing ordinances that regulate certain activities in the downtown. The recommendations for the ordinance amendments resulted from a City Council subcommittee (Downtown Issues Committee) process, which in addition to the ordinance amendments included evaluating a number of additional issues to assist with the implementation of the ordinance amendments and for making improvements to the downtown. The City Council designated that the Downtown Commission assist in prioritizing issues, defining the process and timeline for addressing the issues, and identifying any unintended consequences of the new ordinance amendments.

DISCUSSION:
At the Downtown Commission meeting on July 25, 2002, commissioners agreed to hold special meetings in order to have recommendations for the City Council meeting on September 10, 2002. The Downtown Commission held a special meeting on July 31, 2002 and agreed to focus on the identification of exemption sites for noncommercial display devices (Chapter 5.43 of the Santa Cruz Municipal Code). Since political tables and street musicians using a device for the purpose of collecting donations would be restricted to certain areas under Ordinance No. 2002-36, the City Council asked the Downtown Commission to identify possible sites for exemption.
Staff conducted several walking tours of Pacific Avenue with commissioners and compiled a list of sixteen sites suggested by individual commissioners. When the Downtown Commission met on August 13, 2002, commissioners discussed the sites but were unable to agree on recommendations. Commissioners expressed the need for more time and the need for input from
merchants, street performers, and political activists. They asked staff to contact owners or managers of businesses near possible exemption sites in order to obtain their opinion. They also asked for another walking tour. Staff conducted another walking tour, and, as a result, one suggested site was removed from the list because it was determined that there was adequate
space in the area (see attachment).

At the Downtown Commission meeting on August 28, 2002, the commissioners took more public input. Staff reported that of the fifteen sites on the list, neighboring merchants expressed support for five sites. The Downtown Commission was not able to recommend exemption sites and passed the following motion:

The Downtown Commission requests of the City Council an additional 60 days to evaluate and discuss the exemptions to the Display Device Ordinance No. 2002-36. The Downtown Commission review requested by the City Council is complex and legally complicated. We strongly feel this additional time will help us solicit more substantial input and gather additional critical data. Additional time to carefully consider all the concerns voiced by the City Council will help us avoid making a recommendation that may inadvertently cause Council action that will then result in expensive litigation, fuel unnecessary political demonstrations downtown, or create confusion among the many users of downtown. Since the ordinances are due to go into effect, we additionally request that the City Council inform the Police Department that enforcement of the Display Device Ordinance No. 2002-36 be delayed until this administrative review is complete. We also ask the City Council to inform the Police Department that all existing ordinances governing behavior downtown passed by previous City Councils should continue to be fully and vigorously enforced during the interim.

A second motion was passed to establish a subcommittee of the Downtown Commission that would work with key community stakeholders for the purpose of revisiting guidelines, merchant concerns, legal implications of exemption areas, and to gather additional data. The subcommittee would come back with proposals to the commission for the next Downtown Commission
meeting to be formally introduced for discussion after the September 10, 2002 Council Meeting.

There were several issues and concerns raised in the commission discussion that are important to clarify. These clarifications have been coordinated with the City Attorney.

1. A question was raised regarding the legality of exemption.

Although most of the public dialogue has referred to the exemption areas for street musicians, the exemption areas under consideration would be for all the activities listed in the definition of the ordinance. If the exemption areas were only for street musicians and not for political, civic, religious, or other public service or charitable activities, then the exemption areas could be subject to legal challenge.

2. A question was raised that political activity and street performers would be banned from downtown except for certain locations.

Ordinance No. 2002-36 only changed the distance of locations where the use of a display device is prohibited. Political activists and street performers using a display device would be restricted from prohibited locations. However, if a display device is not used and if there is no sales or solicitation for donations, political activity and street performing is not restricted.

3. A question was raised that merchant approval of exemption areas would give merchants the right to determine the use of public sidewalks.

Merchants were asked for their opinion on having an exemption area near their business as part of the information gathering process for the Downtown Commission. The City Council has the authority to determine the use of public space.

Prepared by: Julie Hendee
Administrative Analyst

Approved by: Martín Bernal
Assistant City Manager

Attachments:
List of potential exemption areas
Graphical representation of exemption areas
Downtown Commission minutes for July 31, 2002
Downtown Commission minutes for August 13, 2002
Draft Downtown Commission minutes for August 30, 2002
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Emergency ordinance for Introduction and Final Adoption (Single Reading)

37.1 Emergency Ordinance No. 2002- amending Section 2 of Ordinance No. 2002-36 to extend
the effective date of Ordinance No. 2002-36 to January 15, 2003.