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HomeMy WebLinkAbout1997-03-11 - AGENDA REPORTS - NEWS VENDING MACHINE ORD (2)r AGENDA REPORT City Manager Approval Item to be presented by: T. Brad Therrien PUBLIC HEARING DATE: March 11, 1997 SUBJECT: NEWS VENDING MACHINE ORDINANCE - FIRST READING AND SCHEDULE OF FEES ORDINANCE NO. 97-5 RESOLUTION NO. 97-21 DEPARTMENT: Building &Engineering Services In January 1996, City Council reviewed the Municipal Code, Chapter 13.24, related to news vending machines. Several amendments considered non -controversial in nature were discussed, including: • Inclusion of a definition of purpose • Requirements for indemnification and insurance coverage • Requirements to provide greater sight distance for oncoming traffic at driveways • Requirements for periodic maintenance of machines • Inclusion of a new section regarding abatement, impound, abandonment, and appeal Additionally, several potentially controversial issues were discussed, including: Uniform type and color of machines Limit machines at any one location Limit advertising on machines As directed by the City Council, City staff revised the ordinance to address the above issues. The ordinance as proposed will require vendors to: • Indemnify and hold the City harmless against all claims • Secure and maintain a policy of public liability insurance • Maintain the machines • Conform to regulations regarding number, size, style, location, and placement on the public right-of-way. n Qgenda ItemICAS NEWS VENDING MACHINE ORDINANCE ORDINANCE NO. 97-5 RESOLUTION NO. 97-21 March 11, 1997 - Page 2 Over the course of three years, staff has met with and corresponded with the vendors, seeking their input and asking what concerns they had with the revised ordinance. The Signal has continually been supportive of the revisions. The Daily News and Los Angeles Times did not want to lose the advertising cards. The LosAngeles Times and USA Today objected to the fees imposed. The Antelope Valley Press stressed equity and fairness for all vendors. The Antelope Valley Press, Daily News, and USA Today use color as an advertising tool and did not want to lose their identity. Several minor publications are sold through one distributor, who had no problem with the proposed revisions. The outcome of these meetings resulted in the following: advertising cards are permitted as long as they pertain to the publication; color is restricted to neutral hues of blue, green, white, or brown; uniformity in size allows a little flexibility, but clearly prohibits oversized boulevard machines. In 1990, staff researched the -cost to provide inspection and issuance of an encroachment permit for a news vending machine and found the cost to be over $122.00 per permit. In 1994, the cost was found to be $165.00. In researching ordinances in other cities, staff discovered that the fee varied from $10.00 per machine to $60.00 per machine. The fee being charged today is the same as it was in 1990, $50.00 for the inspection and $13.50 for the encroachment permit application. The revised ordinance was submitted to the City Attorney for review. Upon adoption, owners of existing news vending machines will have 30 days to comply with the adopted ordinance. Thereafter, the placement of all news vending machines shall comply with all provisions of Chapter 13.24. The Notice of Adoption and a copy of the ordinance will be sent to all vendors as soon as practical upon adoption of the ordinance. The term of the permit required for placement of the machines will be the fiscal year, from July 1 to June 30, beginning with fiscal year 1997/98. RECOMMENDATION 1. City Council open the public hearing and receive public testimony regarding the adoption of the schedule of fees for the News Vending Machine Permit. Defer passage of Resolution No. 97-21- Schedule of Fees to the next scheduled meeting on March 25, 1997. 2. City Council introduce, waive further reading, and pass Ordinance No. 97-5 to second reading on March 25, 1997. ATTACHMENTS News Vending Machine Ordinance No. 97-5 (additions and revisions are highlighted) Resolution No. 97-21 - Schedule of Fees RM:DMK:vjj CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF A SCHEDULE OF FEES FOR NEWS VENDING MACHINE PERMITS IN THE CITY OF SANTA CLARITA, CA NOTICE IS HEREBY GIVEN: A public hearing will be held before the City Council of the City of Santa Clarita to consider adoption of a schedule of fees for news vending machine permits in the City of Santa Clarita as established in Chapter 13.24 of the Municipal Code. The hearing will be held in the City Council Chambers, 23920 Valencia Blvd., 1st floor, Santa Clarita, Ca., on March 11, 1997, at or after 6:30 p.m. Proponents, opponents and any interested persons may be heard on this matter at this time. Further information may be obtained by contacting the Department of Building and Engineering Services, Dona Kazmar, 805 255-4342. If you wish to challenge the action taken on this matter 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 of Santa Clarita, at, or prior to, the public hearing. Dated: 2255-97 Sharon L. Dawson. CMC City Clerk Publish Dates: . February 28, 1997 hearig.dmk Public Hearing Procedure ♦ Mayor opens public hearing and states purpose of hearing ♦ City Clerk reports on hearing notice ♦ Staff report is presented ♦ Proponent Argument (30 minutes) ♦ Opponent Argument (30 minutes) ♦ Five - minute rebuttal by the Proponent ♦ Mayor closes the public testimony ♦ Discussion by City Council ♦ Council decision and vote ♦ Mayor announces decision ORI3IlYANCE!I?TTIfiY CUUITCII�C�FIIiE C�Ti'�I SANTA Cj ARITA, SATORI<IIA TI�TI�T CHA E i 3 2 "OF 17 iia i}i�1 tZS I P - --- --�-- - GI,ATtITA 1vf T I CIi E SNYfUyE�1f1L�f� "QI?eFIER�S 5}Iis%O MAGES WHEREAS; taus unc �Txa pr ppusTy adopted Ordmance T � $T 2q Codtfiec� as Narita Clan 1Tzzc�pal Cadet 13 et.se treg�ate tl}e pCaement nno�itent oCaews,ven ing ca �in�� ��<1���a.�`T����Iiacics�Ilze,Ruth�ngh�sof`lua��� t�a�z%pof �,anta Ci��t� t+'*'Ta Sd( to a s Fsa g�acs F'g r� aaaaermt ae �'l� xs ka , ince headog f airTnr mancee e tart°chan...... �P cabl iaaslsaue ufd as wvell�'im�1 hg#� 1�®periri�deta��aRrz aczxi%irat LIEU sF 3ae a t w ��� neG.sa€ �pyasinga1l.ragiat4x�. ear uwmaaaa a r `r a a e Y g ax3 'xa rw T roe @ n+"Fa�ax aaam k SEAS aihere crn�#anutri,a1zeel taelgh°and hakanc thegkT# andguaxante F �� � aa� x «� � as , F fre�loln pT speTiandresaffoxtied all our citizenunde clotederanntafk Cgastituiion w T the nght of °the City of Santa Gl rata to;reguTats�tha s of pjb.) 6g Wof wad± #ox II �i��l�h„��fe�X an'sit��Tfareo-o��e grne'r"al�pu�lc xx xs as zax *max o�um4+v oa ;g^Y"""""*- esu: -k,, tr F t 4YHERF�S, as io the canters of such newt vendmganaGhme �s�ecr�caypukl�cQtions,i�ie aurs of t3ie state of Cahg4gep rt�ptpnt"toeal xelaRefY trep leu£ ail othr�Fp2 s 1 Pies abw� Y .a® ,�� ro s -et mae v i sa * ' thCl%QoT fianTaO7arta intent_eztercr._iG.#dlps,autTrliereiY, x v r,v pa s, e a s exre°a,,m S it eTp &axx a ° waae sre s ^�Y&'rS S'w k"SFps RAthent%1gf fbreeu5�s� a1panlFznwanpe�sueet�te =p a e nr aspn b e us e* any ine peis t : Z4piu m gr,, h bap4 e� sjAu th rights of freertom�t f'i nit �anclrcsll a ea aea orae F �re z S"F-'. Rx �xw� v k e'BZEb 6aapttx aae re �Tts tie mo�etn mrirl�etitii� and d�5t2}lzutaon;meEhods°trsed fog �°�bh�at�pns � xhe�nufrc s� a F S i 'F 8 a > n6 a eaa va rights -of kvay aha no Ipnge�rlmute��ca an msigmfica8trspece app t�ais;;p;p7xferat�onq�nde�ocn��p may�anTclo`es,,in�ez�'ere with Lhe�sghta,,o�;�l}� t�aXglingdpnub�ic WEIA�,`ue�pa�� aid p��§pzz=t u�eaep��por£a"TiTe°�xews�'�endxu� �achmes has �reatec� 6 � 9kkk R l 4 F k 6 k 2 unreasonabsle problems znngthexr°p�ocAtrpr� whth accelrtablemstanda�dsgT ofl�o-�eih��}p th�r`e¢#', a4vell„as�c�'patrng&�isua`1 bli�`iE v,�h���#„�Ye��� ��'�rA�w�lie pe�ihetzc�pb#'�h a str caveelan ea aaawa gape �, eptspdNac�Iacentiaa�ss�e°�itd �xi�pt'AY�ea�t �pinta ewm rs+o-F rare *€� x' ae raeeeP F did T¢6asaF vmw� a "v'Sa S9 i"i,"v'Y” Tti8'x6 ap r°r > nn1Y �ktQSeSet�a vnduxg ineGhzz�es that°Camp3eA,�o4v�sAa O£bcinpe x m,ae aaa v s a % w v T shall be autliorizerf nprsn Tsaµp�i 14 g 4f�.4$.iyuY °*re?'-* a�*'w 4"F?"sd �'�ssaar m �g wfl'* 'T6 'Y 1a as s ItEA� accordniglp the r�lat�onrisgtb 2litm�er, see, stylrtxted�i, location and ptann of placement in any one location pori fhe puTihc ng i a q#:WAY�� b,6F ftezwseC fb`rtl� fv h g��ie�at�e�lti}; �a�'at3'tT��4tT;�v�If`ax�ci�tTi�piiblic ff.RWi 34 0(jgw'enc}ng3Vlac�iiiies Ui24AM` �.ocatson==.P,rph��i�gd�here �e�ac�e��re:�?ermitted 1 ;2 aP X'S3 bcaiioa si�06WOja yTaiFi# n n g t3�d 'Fok laitei 73 �`�e �tequued h:2${IiIaintea tnce ��,24,�Q(! �jpa�i�ht�p�mp�und�aad;�ipR�ul,Pr"ci��sa��u Maul i� 13;24 X50 .;.� Id�� £ ca IRTl equire 73s5nsurancguii �.3.24�U�Q �.ocatson==.P,rph��i�gd�here �e�ac�e��re:�?ermitted 1 ;2 aP X'S3 bcaiioa si�06WOja yTaiFi# n n g t3�d 'Fok laitei h:2${IiIaintea tnce ��,24,�Q(! �jpa�i�ht�p�mp�und�aad;�ipR�ul,Pr"ci��sa��u i at Mi4ofaozi: ullog"MOM. -.« ewe me*w srawaarta p ma*a aa�.a+aaare r �_ Fa^ r 'aesttiaa:anl,dve.saf�etacf Ye11en ?rs ac a i bZ�sl i 5� is t cG � d x innRI KiaGtain ancjs rotect the values ofsurroundzngprop�rties K�����,�?�xega�a#�d��n1��1�al�gingaiixnsrprcl��u11�Q��l��cim 13.24.010. Permit -- Required. No person shall R or maintain a news vending machine on or projecting onto a street or highway unless and until an encroachment. permit for a news vending machine has been obtained from the City Engineer for each and every news rmi caii!� Q)iide vending machine installed or maintained �alc��;�����14�A11e, �. p tnoio newa�dndihz itiW � i lire�unes. Such Hermit allows a news vending machine to be kept and to 13.24.020. Permit Application. Upon receipt of an application, on a form or forms prescribed by the City Engineer, and payment of the appropriate fee, as described in Section 13.24.030, the City Engineer shall cause an investigation to be conducted to determine whether the permit, if granted, will conform to all provisions of this Chapter. 13.24.030. Fee Required. No application shall be complete unless accompanied by the fee as established by resolution of the City Council !G rg chment ermits for news vending machines shall be issued for theft Fyeafis Jp�y l tliiougl?tiil; 13.24.040. Annual Permit. The encroachment permit for the news vendin machine shall be an annual permit, meaning that it shall be valid for §l&�msGayearm.oanmq �iig p 13.24.045. Permit Renewal The encroachment permit for a news vending machine may be renewedforperiods of one jfj y upon application, as provided in this Chapter, and payment of the correct fee as established by resolution of the Council. 13.24.050. Identification Required. Every news vending machine permittee shall, in a place where such information may be easily seen, permanently affix to each news vending machine that in whole or in part rests upon, in or over any public sidewalk or parkway within the City, the following: A. The permittee's name, address, and local area telephone number as required by Business and Professions Code Section 17570; B. The permittee's permit number; and ��4 4��„l�eseived3 13.24.060. Location - Prohibited Where Vehicles are Permitted. No person shall place or maintain any news vending machine on any portion of or projecting onto, into or over any portion of the street or highway on which vehicles are lawfully permitted. 13.24.070. Location - Placement, Maintenance and Use Prohibited A. No news vending machine shall be placed, installed, used or maintained in the following locations: 1. Within �j feet of any marked crosswalk; 2. Within fifteen (15) feet of the curb return of any unmarked crosswalk; 3. Within three (3) feet of any fire hydrant, fire call -box, police call -box, or other emergency facility; 5. Within three (3) feet ahead of and fifteen (15) feet to the rear of any sign or pavement markings designating a bus stop, measured parallel to the flow of traffic; 6. ' Withinof any bus bench; 7. At any location where the news vending machine causes, creates, or constitutes a traffic hazard; 8. At any location where the news vending machine unreasonably obstructs or interferes with access to, or the use and enjoyment of, abutting property; 9. Where the news vending machine will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the street or highway; 10. At any location whereby the clear space for the passage of pedestrians usingthe sidewalk is reduced to less than l.u�� 4 �o � YflME kia aaa .� «.w 0 0 % tnF pyj '-gqult orstvrm c ra and A' 3 p �T* Y',`w^ aaa.axre na ba^ save ft?yq umnews,tr�i SR"9Aramo-^meaaiare �� mewn�^F A 6's �,em a a ffi�m�a' a€Yaronp wrea ^-�w & a .a�s6 wwwx.*mw N4, 1' TendzngAkbti ON - pt eedui>41 �erag 9 s . B. The provisions of Section 13.08.040 of this code are hereby made specifically applicable to Subsections 7 through 23 of the immediately preceding Section A. C. Display of Certain Matter Prohibited. Publications offered for sale from news vending machines placed or maintained on or projecting over the street or highway shall not be displayed or exhibited in a manner which exposes to public view from the street or highway any of the following: 1. Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statements or words have as their purpose or effect sexual arousal, gratification, or affront; 2. Any picture or illustration of genitals, pubic hair, perineums, anuses, or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront; 3. Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront. �» �����2�elune`-�ia11,�e �pnstf„uC�edvofs�g�dY, cara`�siue rgs�t�tt�n�tera%, °r y,a k8 a8�aa� �ro Ra€ � �� d�ewaaa »� rte^ �y6��x���u +e�F4'nw�re"B a"d axatia M& awl v m"h$S88 ?fix uacizxne i i� i4 ifec'in rx t �.i u ;4 1 �reeaa;ev r sxw,w sa ca cmg��O r w 8Pis "W'roR n+s§ l ac x n chl p � l,havp � lii a Ease 1 Rug ° stic win is Eli o�i Oni � eriTlaneh 31,8 � �� >�• ate* �'z �'?'�� �' *'e a:aa p�p ws �senchn� Inac�unes pIdcgd and ulamta3ried 3u R m 13q�1���Itb;th��prquls3bnsa��h3sa�hapt�r��halT,be,p�,�3titted�ppg�&thing„�„ r e i oants shalbebofte 3n placaecordarc�3pe�3fisations o3fldan the �3u`ldx3igband E3Xgineeaazi� 5`et�lees �epa�tfh�tp,of$f�;,t'�Itp�uix��on�y�ltt agratl±?�des3gna�e�,bx��?�`��° �ePTrs'Ei�e�nt}�� hebroak3no ex3�t3ggidew structures f�tr tiae purpose of u3sta1T3ng dewsncg lieelne sTiall�b�deneriabetl amanne� iia do trg leas Tauri&filaxng@t tTa ace3`nain3i3d�wal%gtcturpzrsbaTls ;rq awee ?�s ��u�ae��n, w3t11 apprVcTngquipment c�esiges for tl3pt;purpnsei 3” T?o1a ofa thct (ozcree (eYlefit s3ewaik5ha11 b repla��ct 1vi'tfi the th3cki3ess $xp%d� 2 9 sa gv sae$aa x ma a � ea o- e at rerno�eds b>11~ �ri rao casele�„"iltanfotzr`,a3z�t���,e �3x� �h"�t�&be�o� tli� ��,� a 9^s r a exa. mm�pes s,iare xe a se a9,�a:a x dg ce�tT� ure,as,��e�tb,¢�1�ng:s3dew}ltk< #a811IT s3dewaiic recti ttroii work quare as a res3ilt oft I�lstallatio i of diY'8e'(: as 1 yas i as "� 5 pra ¢ pbx a as xar �� ��xri3ng machin® �t�i��p�rm3tte� &�xa�i��Confoi'ti��� t1�o Tai d3tz�n $,' of ihettaridlderaiicat3ons t'ub13cprt�a Constgutn �ase#19el�rl -31d �d P.ted.bj the;GitY a ate? ntti GlanC l ffi&�ABxaaais'caxo- s'9 R W s a ssi bt&a ¢ n asra�a za,'ega lermsttee� r��°rt,ga1s31�ia �`n� the �nst�lleta�re o��t�3e i1��r!senci3n� 3riacltiefa;lJ gtio3Wl��unt1€ital��t,slialT e�tbe sale respo3l�bay at tie per3mt s`a wsm .t w+x s s...a s 8 a mna2 i$ &1� bolder Damage resuit3n from the angtalIatlen of sadnews vedmgmaeh3n Niall e � epazr d 3mme at bund at the expense p iii, ririattee a3lure ktai i11ak pec tfar�c retrairs� 11 resxil t� �CDx£y�forees ia�ciertailin t a s @dPpg64, s x w ss ++ g a, as �a a as eaare z 4 s as e9a e a m magtichxepatrs� dhp�Gotpfdra3rspslall�ernt�ab]�Eas`ac�r31$de11t+ the er3ni hold x¢and map be collected by ftfie gty; if the a jie mauu r,asAt celleot et�y;oher„civx debbbligate% w tx Ra a„s xttaa e "`T?"bsIn , l P � 81 s alnte anco e��h 57*wv enc 3ng 1nac 3n ` z i the inn de qlk area aa4 a}xa 9 i t� ¢ $' § m& n x¢ s sestlace a tle xa¢x qg a -aE xa ea A s e ex entltng 12 Inches be;ron�t foetli}��tt u xe'm Ane shall i3e p a3nedpir event anc_ °Clea 2 s 5+ s .�xa. eo3td3t3on and u3 good repair at j3 l;3mes. Spee3fically tint > 3thout hmit3pg tha goner 1 ty, pi°tire foregoriieah neves venclil3gminne s1aTbe„AexeeilnI muiaita3`nego tbt's 5i 'e.ar a g ex .z &R qs aa& care sa a: swsww4S a ¢ 'sa rosro r� "I1 a T1ie cl r�pias l t glass arts tine oaf, 3Fnanp, tMott h rTnch�u� pubh a #cns tl� Tei31 a d: Sewed ire tznbrote, and reasongblp fr eor�Ckse?its, btuiishes arided3sca�u'r�tia�; �� e a k� a a kae a# W�W4j'bibken�U ui amiss Girp FnI 13.24.100. Abatement, Impound and Appeal Provisions. ,d A. Abatement. Upon a determination by the City Ii�'i � W that a news vending machine has been installed, used or maintained in violation of any of the provisions of this Chapter, he/she shall cause a tag to be affixed to the vending machine and an order to be issued to the permittee to correct the offending condition. The order shall be telephoned to the permittee and confirmed by mailing a copy of the order by certified mail, return receipt requested, to the permittee. The order shall specifically describe the offending condition and specify actions necessary tocorrectit. If the permittee fails to properly correct the offending condition within toorking days after receipt of the order, or file an appeal as permitted under this Chapter, the City Engineer shall cause the offending news vending machine to be summarily removed and processed as unclaimed property under applicable provisions of law relating thereto. If the permittee of the offending news vending machine cannot be identified, the news vending machine shall be removed immediately and processed as unclaimed property under applicable provisions of law. The foregoing provisions are not exclusive and are in addition to any other penalty or remedy provided by law. B. Appeal After Hearing. Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this Chapter may appeal and shall be advised of his/her right to appeal to the City Manager. An appeal must be perfected within ten (10) working days after receipt of the notice of any decision or action by filing with the City Engineer a letter of appeal, briefly stating therein the basis for such appeal. The hearing shall be held on a date no more than ten (10) days after receipt of the letter of appeal. Appellant shall be given at least five (5) days' notice of the time and place of the hearing. The City Manager shall give the appellant and any other interested party a reasonable opportunity to be heard, in order to show cause why the determination of the City Engineer should not be upheld. C. '�be",,t ti n z liai impound any news vending machine in accordance 13.24.140. Violation — Penal. Any permittee violating the provisions of this Chapter shall be subject to prosecution as a misdemeanor. 13.24.150. Violation — Other Remedies. The provisions of this Chapter shall not limit any other remedies authorized by law. SECTION 3. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage. A .. ^cpa at a4 �'a prypa {y� %s f ossa 9 k'a�A�`tLTAA'1' t(�NEl),��� EP k^dN �9#bi y�tp ? -59 A tt$T'i iPg@ Pgq6erope q�. ff ® '1**3. a au OliTYXUA 'i gg�ae gg, at�rw wwe s� E"�y, eyr^6ya°eyye�ky�+sd�:eheR py�gp �•.L JJI.l gbESOUCtLl4IB12, 11D$M is"OOM4L1pOil SES:DMK:lkl:vaj nng-nivi \new"k99.dmk RESOLUTION NO. 97-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA TO ESTABLISH A SCHEDULE OF FEES FOR THE CITY OF SANTA CLARITA NEWS VENDING MACHINE PERMIT WHEREAS, the City of Santa Clarita ( the "City") desires to establish a News Vending Machine Permit under the City's Municipal Code; and WHEREAS, the City has adopted Ordinance No. 89-20, thereby adopting a News Vending Machine Ordinance (Chapter 13.24 of the Municipal Code), which establishes a City News Vending, Machine Permit; and WHEREAS, the City wishes to comply with both the letter and the spirit of Article XHIB of the California Constitution and limit the growth of taxes; and WHEREAS, the City desires to establish a policy of recovering a portion of the costs reasonably borne of providing special services of a voluntary and limited nature; and WHEREAS, pursuant to Government Code Section 66018, the specific fees to be charged for services must be adopted by the City Council by Resolution, after providing notice and holding a public hearing; and WHEREAS, notice of public hearing has been provided per Government Code Section 6062a, oral and written presentations made and received, and the required public hearing held; and WHEREAS,'a News Vending Machine Permit fee, to be paid by those requesting such special services, must be adopted so that the City might carry into effect its policies; and WHEREAS, pursuant to California Government Code Section 6062a, a general explanation of the schedule of fees and charges has been published as required; and WHEREAS, all requirements of California Government Section 66018 are hereby found to have been complied with; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA does resolve, determine, and order as follows: SECTION 1. Upon application approvals from the City Engineer, the Director of Administrative Services of the City of Santa Clarita shall issue, or cause to be issued, news vending machine permits for the following fees: FOR EACH NEWS VENDING MACHINE: $50.00 Annual Fee, payable on July 1 of each fiscal year. Renewal fee is the same as annual fee as stated above. ADDITIONAL FEE: $13.50 Encroachment Permit Issuance Fee. NOTE: A single vendor can utilize a single encroachment permit for any and all news vending machines he is permitted to place in the public right-of-way. SECTION 2. News Vending Machine Permits are valid for one fiscal year, commencing on July 1 of the current year in which the permit is applied for, and expiring on June 30 of the succeeding year. SECTION 3. All fees under this resolution shall become effective upon adoption of News Vending Machine Ordinance No. 97-5. SECTION 4. The City Clerk shall certify to the adoption of this resolution and certify this record to be a full, true, and correct copy of the action taken. PASSED, APPROVED AND ADOPTED this day of ,1997. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) . COUNTY OF LOS ANGELES) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of , 19_ by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ' ABSENT: COUNCILMEMBERS CITY CLERK DMK vjj .dAN¢ CKS.WK M_av-11-97 04:40P A*kbpe CSTA9LWHHJ IMS Mailing Address: P.O. Box 880, Palmdale. California 93590 March 11, 1997 Sharon L. Dawson City Clerk City of Santa Clarita 23920 Valencia Blvd. Suite 300 Santa Clarita. CA 91355.2196 Subject: News Vending Machine Ordinance News Vending Machine Ordinance -Public Hearing Dear Ms. Dawson: P.O1 This letter is official protest by the Antelope Valley Press Newspaper of the News Vending Machine Ordinance NO.97-5 that Roubik Mardirosian sent and I received on March 10, 1997. The Antelope Valley Press does not agree with the ordinance as it as written and the associated fees established by the City of Santa Clarita. It is our position that the lees associated with this ordinance are exorbitant, out of line with the national average, and constitute an illegal sales tax. Additionally, the ordinance defines a "News Vending Machine' as "used, or maintained for the display and sale of newspapers or news periodicals". This definition excluded from the permitting process all racks used to distribute "Free" publications. This portion in itself substantiates the "Illegal Sales Tax" issue as well as is discriminatory in reference to the First Amendment rights of Newspapers. The examples I list above are only two of many that this newspaper finds within the lines of the ordinance. 1 received the letter announcing the first reading of the ordinance yesterday and have not had sufficient time to make arrangements to appear at the city council meeting. I wish this letter be written into the minutes of the city council meeting being held today. Sincerely, 2�gv &17 — Eric D. Robanske Circulation Director 44939 10th Street West. Lancaster, California 93534 - (805) 273-2700 - FAX (805) 949-3593 a7ene C7orm NinhwAv Palmdale. California 93550 - (8051273.2700 - FAX (805) 947-4870 n 11 � crt y a This letter is official protest by the Antelope Valley Press Newspaper of the News Vending Machine Ordinance NO.97-5 that Roubik Mardirosian sent and I received on March 10, 1997. The Antelope Valley Press does not agree with the ordinance as it as written and the associated fees established by the City of Santa Clarita. It is our position that the lees associated with this ordinance are exorbitant, out of line with the national average, and constitute an illegal sales tax. Additionally, the ordinance defines a "News Vending Machine' as "used, or maintained for the display and sale of newspapers or news periodicals". This definition excluded from the permitting process all racks used to distribute "Free" publications. This portion in itself substantiates the "Illegal Sales Tax" issue as well as is discriminatory in reference to the First Amendment rights of Newspapers. The examples I list above are only two of many that this newspaper finds within the lines of the ordinance. 1 received the letter announcing the first reading of the ordinance yesterday and have not had sufficient time to make arrangements to appear at the city council meeting. I wish this letter be written into the minutes of the city council meeting being held today. Sincerely, 2�gv &17 — Eric D. Robanske Circulation Director 44939 10th Street West. Lancaster, California 93534 - (805) 273-2700 - FAX (805) 949-3593 a7ene C7orm NinhwAv Palmdale. California 93550 - (8051273.2700 - FAX (805) 947-4870