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Home My WebLink About1994-11-08 - AGENDA REPORTS - BUS BENCHES (2)AGENDA REPORT City Manager Apprc Item to be presented UNFINISHED BUSINESS DATE: November 8, 1994 SUBJECT: ORDINANCE 94-13: BUS BENCHES DEPARTMENT: Public Works BACKGROUND At their September 13, 1994 meeting, the Council directed the, City Manager to execute an agreement with Coast United Advertising for the construction and placement of 250 benches within the City's transit service area. In order to facilitate the placement of these transit: amenities within the City's right-of-way, it is necessary for the City to amend Chapter13 of the Santa Clarita Municipal Code. AttheirOctober 25, 1994 meeting; the City Council conducted first reading of Ordinance 94-13. This ordinance amends Sections 13.25.010, 13.25.020 and 13.25.030; and add Sections 13.25.025 and 13.25.035 to the Santa Clarita Municipal Code to provide for the authorized placement of these transit amenities., At this time, staff believes it is appropriate to request that Council waive further reading and adopt Ordinance 94-13. RECOMMENDATION That Council waive further reading, and adopt Ordinance 94-13. JK:kmt Ord9413a.gen Adopted:�L Agenda Item: ORDINANCE NO. 94-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTIONS 13.25.010, 13.25.020 AND 13.25.030, AND ADDING SECTIONS 13.25.025 AND 13.25,035 OF THE MUNICIPAL CODE RELATING TO BUS BENCHES THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 13.25.010 of the Santa Clarita Municipal Code is hereby amended to read as follows: 13.25.010. Prohibition -- Unauthorized Privately -Owned Bus Benches. Except as otherwise provided in this Chapter, no person shall place, construct or maintain a bus bench in any public right-of-way or on any other publicly owned or controlled real property (hereafter in this chapter, "right-of-way") without the written permission of the City Manager. SECTION 2. Section 13.25.020 of the Santa Clarita Municipal Code is hereby amended to read as follows: 13.25.020. Existing Benches. A. Any privately owned bus bench shall be permitted in the City right-of-way provided the owner of such bus bench has executed a contractual agreement with the City for the placement of bus benches within the City right-of-way and has a permit pursuant to this Chapter. Any such permit shall be valid for no more than one month following the expiration or termination of any such contractual agreement for the placement of bus benches within the City's right-of-way. Any such permit shall be renewable on a month to month basis until such time as the City Manager determines that the location is not suitable for a bus bench, or the City is prepared to execute a new contractual agreement for the placement of bus benches. No monthly permit shall be issued or be renewed when the City Manager determines that the location applied for is not suitable for a bus bench or the City is prepared to execute such a contractual agreement. B. The notice provided by Section 13.25.030 may issue when the City Manager determines that the location applied for is not suitable for a bus bench or a bus bench is in violation of this Chapter. SECTION 3. Section 13.25,025 is hereby added to the Santa Clarita Municipal Code to read as follows: 13.25.025 Agreement or Permit -- Required No person shall place or maintain a bus bench in the City right-of-way unless and until an agreement for the placement and maintenance of such bus benches has been executed by the City Manager. At any time should the City or owner of any such bus bench allow any such agreement to expire, it is incumbent upon the owner to obtain from the City an encroachment permit for the continual placement of such bus bench in the City right-of-way. B. Permit Annlication Upon receipt of a bus bench permit application on a form prescribed by the City Manager, and payment of the appropriate fee, as described in Section 13.25.025 (c), the City Manager shall cause an investigation to be conducted to determine whether the permit, if granted, will conform to all provisions of this Chapter and whether the granting of such permit would serve the public interest. C. Fee Required No application shall be complete unless accompanied by the fee as established by Resolution of the Council. D. Condition of Approval The City Manager may impose, as conditions of approval upon the issuance of the permit, such conditions as the City Manager deems reasonably necessary to insure compliance with this Chapter. E. Monthly Permit Bus Bench permits may be renewed for the periods of one month upon application as provided in this Chapter and payment of the correct fee as established by resolution of the Council. F. Permit Renewal Bus bench permits may be renewed for periods of one month upon application as provided in this Chapter and payment of the correct fee as established by resolution of the Council. SECTION 4. Section 13.25.030 of the Santa Clarita Municipal Code is hereby amended to read as follows: 13.25.030. Notice to Remove. The City Manager may cause written notice ("notice") of the provisions of this Chapter to be given to any person who is known or believed to be the owner of, or the person entitled to possession of, any bus bench which is located in a right-of-way in the City and is in violation of this Chapter. Such notices shall be given by personal service or by deposit in the custody of the United States Postal Service, or it successor, postage prepaid and addressed to such person at his or her last known address. Each notice shall indicate that the continued placement of a bus bench at the designated location constitutes a violation of this Chapter and shall set a period of time, not in excess of thirty consecutive calendar days, during which such person shall remove from the right-of-way the bus bench to which the notice relates. Each notice shall also indicate that the person is entitled to request in writing a hearing before the City Manager within five (5) working days pursuant to Section 13.25.035. SECTION 5. Section 13.25.035 is hereby added to the Santa Clarita Municipal Code to read as follows: 13.25.035. Hearing on Impoundment. A. Request for Hearing. Any permittee or person maintaining a bus bench found in violation of this Chapter may, at any time within thirty (30) days of the alleged violation, request in writing a hearing before the City Manager. B. Stay Pending Decision. A timely request for a hearing made prior to any impounding shall operate to stay any impounding until five working days after the decision is rendered. C. Conduct of Hearing. A hearing shall be held, unless continued by agreement, within five working days of the request for hearing. At the hearing any person may present evidence or argument as to whether the bus bench was in violation of this Chapter or whether the bus bench should be returned without payment of an impound fee. D. Decision. A decision shall be rendered within five working days after the close of the hearing. F. Notice of Decision. The City Manager may give oral notice of the decision at the close of the hearing or may send notice of the decision by mail. SECTION 6. The City Clerk shall certify the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this day of , 1994. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I, , City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 94-13 was regularly introduced and placed upon the first reading at a regular meeting of the City Council on the day of , 1994. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 1994 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMIH~ IBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMRMRERS CITY CLERK