ORDINANCE 1473 ORDINANCE NO. 1473
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
AMENDING SECTION 8-5-13A OF THE EL SEGUNDO MUNICIPAL CODE
AND DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS FOLLOWS:
Section 1. Subsection A of Section 8-5-13 of Chapter 5 of Title 8 of the El Segundo Municipal
Code, and the Title of Section 8-5-13, is amended to read as follows:
8-5-13: GOODS SOLD FROM WAGONS OR PUSHCARTS:
A. Prohibited; Exception: Except as otherwise provided in this Code, no person shall stand or
park any wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or
foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, on any
portion of any street within the City, except that such wagons or pushcarts may stand or park
only at the request of a bona fide purchaser for a period of time not to exceed ten (10) minutes at
any one place. The provisions of this subsection shall not apply to persons delivering the articles
upon order of, or by agreement with, a customer from a store or other fixed place of business or
distribution.
Section 2. Urgency finding. The ordinance shall take effect immediately to protect the city from
an immediate threat of liability associated with outdated regulations that predate state laws
governing vending from vehicles on public streets. In the matter of Socal Mobile Food Vendors
Association v. the City of El Segundo, the Association has filed a complaint against the City
asking the court to invalidate El Segundo Municipal Code Section 8-5-13A, to grant a permanent
and preliminary injunction prohibiting enforcement of the subject Code provision. Section 8-5-
13A was adopted in 1967 and predates certain state laws governing the regulation of the time,
place and manner of regulating mobile vending from vehicles on public streets for public safety
purposes. Failure to remove the restrictions on mobile vending as applied to vehicles would
require the City to immediately expend considerable amounts of money during an impending
fiscal crisis to defend the outdated provisions that were not drafted to comply with modern state
vending regulations. Such a result would be harmful to public health, safety, and welfare in that
it would waste much needed public funds without providing any benefit to the public. This
Ordinance is an urgency ordinance adopted pursuant to Government Code Section 36937.
Section 3. California Environmental Quality Act Exemption. The City Council determines that
this ordinance is exempt from review under the California Environmental Quality Act(California
Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder
(14 California Code of Regulations §§ 15000, et seq.,the "CEQA Guidelines")because it
consists only of minor revisions to an existing parking regulation for one class of vehicles.
Notwithstanding the pending lawsuit concerning the repeal of outdated regulations, mobile
vendors have not demonstrated a significant desire to vend in El Segundo. The City has only
issued one citation in many years for a 10-minute rule violation. California Streets & Highways
Code Section 731 declares vending on any state highway to be a public nuisance and a
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misdemeanor, which precludes vending along the Pacific Coast Highway/Sepulveda corridor
(State Highway 1). Existing parking restrictions (i.e. time limits, meters, etc.) also remain in
effect for all vehicles, including mobile vendors. Thus, the Council does not anticipate a
significant increase in mobile vending trucks following adoption of this urgency ordinance. This
ordinance,therefore, does not have the potential to cause significant effects on the environment.
Consequently, it is categorically exempt in accordance with CEQA Guidelines §§; 15061(b)(3);
15305 as a minor alteration in land use limitations which do not result in any changes in land use
or density; and 15308 as an action taken by a regulatory agency as authorized by California law
to assure maintenance or protection of the environment.
Section 4. In accordance with Government Code Section 36937,this ordinance shall be effective
upon adoption for the immediate preservation of the public peace, health, safety, and welfare.
Pursuant to Government Code § 36937(b),this Ordinance is adopted by a four-fifths vote.
Section 5. The City Clerk shall certify to the passage of this ordinance and shall cause the same
to be published as required by law.
PASSED, APPROVED AND ADOPTED this 20th day of November, 2012.
L—
Carl Jacob ;;Mayor
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing Urgency
Ordinance No. 1473 was duly passed and adopted by said City Council, approved and signed
by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on
the 20th day of November, 2012, and the same was so passed and adopted by the following vote:
AYES: Jacobson, Fuentes, Fisher, Atkinson, Fellhauer
NOES: None
ABSENT: None
ABSTAIN: None
\...)Hlit a---#X 0.110/0017
Tracy Weaer, City Clerk
APPROVED /Tlir
Mark D. Hen' ey, # ne y
By. f. I
arl . Berger, .1 ssistant City Attorney
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