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
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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
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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
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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
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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
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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.
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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.
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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
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M_av-11-97 04:40P
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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
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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