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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />MAY 1, 2018 <br />TITLE: <br />ORDINANCE FIRST READING: ADOPT <br />AND ADD SECTIONS 10-700, 10-701,10-702 <br />AND 10-703 TO THE SANTA ANA MUNICIPAL <br />CODE RELATED TO AGGRESSIVE OR <br />INTRUSIVE SOLICITATION <br />(STRATEGIC PLAN NO. 5, 1) <br />CITY ANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1" Reading <br />❑ Ordinance on 2nd Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />Place ordinance on first reading for consideration of adoption. <br />DISCUSSION <br />On April 3rd, 2018, the following ordinance was introduced to the City Council for review and <br />discussion. City Council directed staff to re-examine the proposed ordinance: <br />ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA ADOPTING ARTICLE XII OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL <br />CODE PERTAINING TO AGGRESSIVE OR INTRUSIVE SOLICITATION <br />During the foregoing City Council meeting and in accordance with Section 413 of the City <br />Charter, members of the City Council directed staff to assess certain suggested changes or <br />alterations to the Ordinance. Specifically, council members identified subsection 10-702(c), and <br />requested further staff review and analysis as the proposed code might adversely affect <br />individuals suffering from mental illness as well as conceptual exclusions. City Staff has <br />provided comments and analysis to that subsection and provided additional observations and <br />revisions to the ordinance as follows: <br />Section 10-702(c). The original proposed code section spoke to prohibiting <br />solicitation activity on roadway medians due to public safety concerns. Council <br />concerns sought to seek exemptions or exclusions for temporary and seasonal <br />activities such as fruit sales, car washes, funeral fundraising so as not to criminalize <br />non-profit activities or actions normally associated with humanitarian endeavors. <br />After further analysis, City staff seeks to remove this section completely and comply <br />with Council direction, which will address seasonal activities, fruit sales, flower sales, <br />car washes, temporary activities and the like. Santa Ana Municipal Code Section 36- <br />118 already makes it unlawful to stand, walk or sit on any median. Although the <br />proposed ordinance addressing aggressive and intrusive solicitation speaks to <br />50A-1 <br />