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HomeMy WebLinkAbout2019-11-12 - AGENDA REPORTS - CONSIDERATION OF AN URGENCY ORD EXTENDING A MORATO (2)14 Agenda Item: 14 CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARINGS CITY MANAGER APPROVAL: DATE: November 12, 2019 SUBJECT: CONSIDERATION OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF NEW TOBACCO RETAILERS WHO SELL FLAVORED TOBACCO PRODUCTS FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS, THROUGH AND INCLUDING OCTOBER 7, 2020 DEPARTMENT: City Manager's Office PRESENTER: Joseph Montes RECOMMENDED ACTION City Council: 1. Conduct a public hearing. 2. OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF NEW TOBACCO RETAILERS WHO SELL FLAVORED TOBACCO PRODUCTS FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS, THROUGH AND INCLUDING BACKGROUND On October 1, 2019, the Los Angeles County (County) Board of Supervisors adopted an ordinance that requires tobacco retailers in the County unincorporated areas to obtain a business license, as well as a Tobacco Retailers License. The ordinance also prohibits the sale of flavored tobacco products, including electronic cigarette and vaping products, beginning 180 days from the effective date of the County ordinance. health concerns for youth. Page 1 Packet Pg. 71 14 The Los Angeles City Attorney recently submitted a report to the Los Angeles City Council recommending a ban on flavored tobacco products. The report describes the results of a study funded by the National Institute on Drug Abuse, the National Institutes of Health, the Food and Drug Administration, and the Department of Health and Human Services, which found that the vast majority of youth who self-reported ever experimenting with a tobacco product reported that they started with a flavored tobacco product. A copy of that report was provided to the City Council on October 8, 2019. City of Santa Clarita (City) to begin to explore the extent of the issues of youth vaping and smoking in Santa Clarita. City staff also intends to reach out to representatives of the various school districts in the Santa Clarita Valley to evaluate these issues. City staff intends to continue to monitor pending legislation as well as the effectiveness of the legislative approaches taken by various local jurisdictions to generate options for Council consideration. City staff is aware that several existing retailers in the City are selling flavored tobacco products. could have the effect of causing tobacco retailers in the County to relocate to Santa Clarita to avoid the new County regulations. The potential for additional retailers to proliferate in the City while City staff is exploring the scope of the health issues and possible legislative solutions presents an immediate threat to the especially youth in the City. Government Code section 65858 authorizes the adoption of an interim urgency ordinance to protect the public health, safety, and welfare, and to prohibit land uses that may conflict with land use regulations udy within a reasonable time. Adoption of this ordinance as a temporary urgency interim zoning regulation will preserve the status quo in the City and afford sufficient time for City staff to present more On October 8, 2019, the City Council adopted an urgency ordinance that imposed a moratorium on the establishment of new tobacco retailers that sell flavored tobacco. Per the terms of Government Code Section 65858, that ordinance can only remain in effect for 45 days, unless extended by 10 months and 15 days (for a total of one year), after the conduct of a public hearing. If extended, the moratorium can be extended for one additional year beyond that. As an urgency ordinance, this ordinance will require adoption by a 4/5 vote of the City Council and will extend the current moratorium by an additional 10 months and 15 days. The report required by Government Code Section 65858(d) was made available at the City , ALTERNATIVE ACTION Other action as determined by City Council. Page 2 Packet Pg. 72 14 FISCAL IMPACT No fiscal impact. ATTACHMENTS Public Hearing Notice Ordinance 10 Day Report for Flavored Tobacco Moratorium Page 3 Packet Pg. 73 14.a NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Clarita will conduct a public hearing on Tuesday, November 12, 2019, at 6:00 p.m., in the Council Chambers, located at 23920 Valencia Blvd., Santa Clarita, California, to consider the following: ADOPTION OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF NEW TOBACCO RETAILERS WHO SELL FLAVORED TOBACCO PRODUCTS FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS, THROUGH AND INCLUDING OCTOBER 7, 2020 On October 8, 2019, the City of Santa Clarita City Council considered and adopted by th 4/5 vote an interim urgency ordinance imposing a moratorium on the establishment of new tobacco retailers who sell flavored tobacco products . The Moratorium is effective for a period of 45 days from its adoption, and is set to expire on November 22, 2019. At the public hearing, the City Council will consider information provided by City staff as well as any information provided by the public and determine whether to extend the Moratorium for a period of 10 months and 15 days, under Government Code section 65858(a). The proposed ordinance is exempt from the California Environmental Quality Act under State CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) (the activity is not a project as defined in Section 15378), and 15061(b)(3), because the proposed ordinance will have no potential for resulting in any significant physical change to the environment, either directly or indirectly. For further information regarding this ordinance, you may contact Denise Covert, Interim Community Preservation Manager, at (661) 255-4330. Copies of the agenda report including the proposed ordinance will be available for review prior to the public hearing www.santa-clarita.com and at the City Office at Santa Clarita City Hall located at 23920 Valencia Blvd., Suite 120, Santa Clarita, California. Any person interested in these matters is invited to attend and present testimony either for or against the above item. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council at or prior to the public hearing. Attachment: Public Hearing Notice (NEW TOBACCO RETAILERS URGENCY ORDINANCE) Mary Cusick, MMC City Clerk Publish Date: October 31, 2019 Packet Pg. 74 14.b ORDINANCE NO. 19-___ AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF NEW TOBACCO RETAILERS WHO SELL FLAVORED TOBACCO PRODUCTS FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS, THROUGH AND INCLUDING OCTOBER 7, 2020 THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. A. On October 1, 2019, the Los Angeles County (County) Board of Supervisors adopted an ordinance that requires tobacco retailers in the County unincorporated areas to obtain a business license, as well as a Tobacco Retailers License. The ordinance also prohibits the sale of flavored tobacco products, including electronic cigarette and vaping products, beginning 180 days from the effective date of the County ordinance. B. stated rationale for the ordinance is based largely on health concerns, especially health concerns of youth. C. The Los Angeles City Attorney recently submitted a report to the Los Angeles City Council recommending a ban on flavored tobacco products. The report describes the results of a study funded by the National Institute on Drug Abuse, the National Institutes of Health, the FDA, and the Department of Health and Human Services which found that the vast majority of youth who self-reported ever experimenting with a tobacco product reported that they started with a flavored tobacco product. D. City of Santa Clarita (City) s Department to begin to explore the extent of the issues of youth vaping and smoking in Santa Clarita. City staff also intends to reach out to representatives of the various school districts in the Santa Clarita Valley to evaluate these issues. E. City staff intends to continue to monitor pending legislation as well as the effectiveness of the legislative approaches taken by various local jurisdictions to generate options for Council consideration. Attachment: Ordinance (NEW TOBACCO RETAILERS URGENCY ORDINANCE) F. City staff is aware that several existing retailers in the City are selling flavored tobacco products. City s ordinance could have the effect of causing tobacco retailers in the County to relocate to Santa Clarita to avoid the new County regulations. G. The potential for additional retailers to proliferate in the City while City staff is exploring the scope of the health issues and possible legislative solutions presents an immediate threat to - especially youth in the City. Government Page 1 of 5 Packet Pg. 75 14.b Code section 65858 authorizes the adoption of an interim urgency ordinance to protect the public health, safety, and welfare, and to prohibit land uses that may conflict with land use within a reasonable time. Adoption of this ordinance as a temporary urgency interim zoning regulation will preserve the status quo in the City and afford sufficient time for City staff to consideration. H. On October 8, 2019, the City Council adopted an urgency ordinance that imposed a moratorium on the establishment of new tobacco retailers that sell flavored tobacco. Per the terms of Government Code Section 65858, that ordinance can only remain in effect for 45 days, unless extended by 10 months and 15 days (for a total of one year), after the conduct of a public hearing. If extended, the moratorium can be extended for one additional year beyond that. I. As an urgency ordinance, this ordinance will require adoption by a 4/5 vote of the City Council and will extend the current moratorium by an additional 10 months and 15 days. J. As required by Government Code section 65858, a report as to s November 1, 2019. K. Notice of a public hearing to consider this ordinance was published as required by law, and such public hearing was conducted by the City Council. SECTION 2. Environmental Findings. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because 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. The proposed ordinance maintains the status quo and prevents changes in the environment pending the completion of the contemplated municipal code review. Because there is no possibility that this ordinance may have a significant adverse effect on the environment, the adoption of this ordinance is exempt from CEQA. SECTION 3. Extension of Moratorium. In accordance with Government Code section Attachment: Ordinance (NEW TOBACCO RETAILERS URGENCY ORDINANCE) 65858(a), and pursuant to the findings stated herein, the City Council hereby: (1) finds that there exists a current and immediate threat to the public health, safety, and welfare requiring this interim Urgency Ordinance; (2) finds that this ordinance is necessary for the immediate preservation of the public peace, health, and safety as set forth herein; and (3) declares and imposes a temporary moratorium for the immediate preservation of the public health, safety, and welfare as set forth below: A. For a period of 10 months and 15 days from the expiration of the moratorium imposed by Ordinance No. 19-7, (extending to and through October 7, 2020) no retail sale of flavored Page 2 of 5 Packet Pg. 76 14.b tobacco products may be commenced within the City limits by any tobacco retailer not currently selling same on October 8, 2019, and City staff is directed not to issue any permits or entitlements that would facilitate commencement of such uses. B. For purposes of this ordinance, in addition to the relevant definitions in Santa Clarita Municipal Code Chapter 9.50 (Tobacco Control), the following definitions apply: exchanges, or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, distributed, exchanged or offered for exchange. means any tobacco product which imparts a characterizing flavor. 1. Any product containing, made, or derived from tobacco or nicotine whether natural or synthetic, that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars (including, but not limited to small cigars and cigarillos), chewing tobacco, pipe tobacco, and snuff; or 2. Any electronic smoking device that delivers nicotine or other substances, whether natural or synthetic, to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, or vaping device. 3. Notwithstanding any provision of subsections (1) and (2) to the contrary, reasonably expected to be used with a tobacco product, whether or not sold separately. 4. authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. imparted either prior to or during consumption of a tobacco product or any byproduct Attachment: Ordinance (NEW TOBACCO RETAILERS URGENCY ORDINANCE) produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice. Characterizing flavor includes flavor in any form, mixed with or otherwise added to any tobacco product or nicotine delivery device, including electronic smoking devices. materials of all types, cigarette rolling machines, characterizing flavors in any form, mixed with or otherwise added to any tobacco product or nicotine delivery device, Page 3 of 5 Packet Pg. 77 14.b including electronic smoking devices, and any other item designed or used for the smoking or ingestion of tobacco products. C. A violation of this ordinance is a public nuisance per se, enforceable through any civil, criminal, or equitable remedy, including, but not limited to, civil actions, injunctions, administrative citations, or criminal penalties. SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. Effective Date and Duration. This ordinance is an urgency ordinance enacted under Government Code section 65858(a). This urgency ordinance will take effect upon adoption by a four-fifths (4/5) vote of the City Council and extends the moratorium imposed on October 8, 2019, by Ordinance No. 19-7 to and through October 7, 2020, and will automatically expire thereafter unless extended by the City Council under Government Code section 65858. SECTION 6. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law. SECTION 7. Study. Staff is directed to study and analyze issues related to the sale and use of flavored tobacco products, especially by persons under the age of 21, including but not limited to, evaluating the extent to which local regulation is permitted or preempted and options for prohibiting, limiting, licensing, or otherwise restricting sales and use of such products. th PASSED, APPROVED, AND ADOPTED this 12 day of November, 2019. _____________________________________ MAYOR Attachment: Ordinance (NEW TOBACCO RETAILERS URGENCY ORDINANCE) ATTEST: _______________________________ CITY CLERK Page 4 of 5 Packet Pg. 78 14.b STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 19- was introduced and adopted as an urgency measure pursuant to the terms of California Government Code Section 65858 and 36937(b) at a regular meeting of th the City Council on the 12 day of November 2019, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. and was published in The Signal newspaper in accordance with State Law (G.C. 40806). ______________________________ CITY CLERK Attachment: Ordinance (NEW TOBACCO RETAILERS URGENCY ORDINANCE) Page 5 of 5 Packet Pg. 79 14.c 10-DAY REPORT ON THE CITY OF SANTA CLARITA ESTABLISHMENT OF NEW TOBACCO RETAILERS SELLING FLAVORED TOBACCO BACKGROUND On October 8, 2019, pursuant to Government Code section 65858, the City Council of the City of Santa Clarita enacted Ordinance No. 19-7 as an urgency measure imposing a 45-day moratorium on the establishment of new tobacco retailers selling flavored tobacco products. The ordinance was adopted in response to the County of Los Angeles adopting an ordinance on October 1, 2019, that prohibited the retail sales of flavored tobacco products in County unincorporated areas, based upon health concerns impacting youth utilizing such products. In order for the City of Santa Clarita to have time to study the issues without allowing a proliferation of businesses that may wish to relocate to the City from the County as a result of the Government Code section 65858 allows an initial 45-day moratorium to be extended for up to 10 months and 15 days after a noticed public hearing is held. A public hearing has been scheduled to consider such an extension for November 12, 2019. If extended, the new expiration date would be October 7, 2020. As required by Government Code section 65858(d), the City must produce a report 10 days prior to extending a moratorium that describes the measures taken since the adoption of the urgency ordinance. UPDATE ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION OF THE URGENCY ORDINANCE 1. The City is currently considering its options for regulating the sale of flavored tobacco. With regard to such products, the City must evaluate the extent to which it wants to regulate such sales, the health effects of such products, and the most effective means to regulate such businesses to limit the exposure of persons under the age of 21 to such substances. 2. City staff has made preliminary outreach to the Los Angeles County Sheriffs, the Los Angeles County business licensing officials and to Los Angeles County health department officials involved in the licensing of tobacco retail businesses. Discussions and research are underway to identify current enforcement and health impact issues in the City of Santa Clarita, as well as to explore options for partnering with the County should the City wish to adopt or participate in the licensing program adopted by the County Board of Supervisors on October 1, 2019. 3. City staff is also monitoring State legislative efforts involving the sale and use of flavored tobacco products, as well as pending and ongoing Federal regulatory efforts. Attachment: 10 Day Report for Flavored Tobacco Moratorium (NEW TOBACCO RETAILERS URGENCY ORDINANCE) 4.The adoption of a comprehensive ordinance that includes: 1) limits on the types of products that can be sold, 2) licensing and enforcement, 3) compliance with currently evolving State and Federal laws and regulations, while taking into account the impacts on residents, youth, Packet Pg. 80 14.c and businesses will take time and careful consideration and will require input from various community stakeholders and the general public. There has been insufficient time since the adoption of , City Council adopted moratorium to complete this process. The City, therefore, needs additional time, as allowed under Government Code section 65858, to fully address the conditions that led to the adoption of Ordinance No. 19-7. Attachment: 10 Day Report for Flavored Tobacco Moratorium (NEW TOBACCO RETAILERS URGENCY ORDINANCE) Packet Pg. 81