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HomeMy WebLinkAboutCC AG PKT 2003-11-10 #L (0: 0 19 '/ AGENDA REPORT O ,0 i DATE: November 10, 2003 TO: Honorable Mayor and City Council (Ai THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: ORDINANCE INTRODUCTION - NEWSRACK REGULATIONS AND PREPARATION OF PLANS FOR NEWSRACK ENCLOSURE STRUCTURES SUMMARY OF REQUEST: Introduce Ordinance No. , An Ordinance of the City of Seal Beach Amending Chapter 11B of the Code of the City of Seal Beach Pertaining to Newsracks. Adopt Resolution No. , A Resolution of the City Council of the City of Seal Beach Authorizing Budget Amendment No. 04 -14 for Preparation of Plans and Specifications for Proposed Newsrack Enclosure Structures. Receive and File Staff Report. BACKGROUND: The proposed "Newsrack Ordinance" revision reflects the current recommendation of City Staff regarding the regulation of newsracks located on City property within the City, with additional provisions regarding the placing of newsracks within the "Main Street Specific Plan Area" ( "MSSP area "). This ordinance does not in any way control the location, number, or size of newsracks placed on private property: that is an issue between the private property owner and the publication wishing to place a newsrack on a specific privately owned property. The proposed ordinance reflects a change in the recommendation of Staff, based on discussions with representatives of the major newspapers regarding the original proposal of the City. The original proposal stipulated the City would own, install, and maintain all newsracks within the MSSP area, and then lease the newsracks to the various purveyors that wished to provide their publications to the public frequenting Main Street. A meeting was held with the representatives of those publications that are legally licensed to have publication racks on Main Street on August 28, 2003. Concerns were expressed by all of the publishers that the proposal of the City could result in a loss of sales due to the installation of "stacked newsracks" as opposed to the installation of standard single- racks, Agenda Item L Z.\My Documents \Newsracks \Newsrack Ordinance Introduction.CC Staff Report doc \LW\11 -04 -03 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 and that the City's efforts to maintain the newsracks may be more of a cost issue than staff had anticipated. Overview of Proposed Change to Newsrack Ordinance for the Main Street Specific Plan Area: - "Section 11B -5, Placement Standards - Main Street Specific Plan Area ", of the proposed ordinance, sets forth the proposed standards for newsracks within the Main Street Specific Plan Area. The ordinance language discussed with the newspapers provided for city ownership, installation and maintenance of newsracks within the MSSP area. Staff is recommending that the City revise its policies and install "newsrack enclosure structures" within the MSSP area, and require all companies wishing to install a newsrack, as defined within the ordinance, to obtain a "Newsrack Permit" as required by Section 11B -3, and then install the permitted newsrack within a "newsrack enclosure structure ". Any newsracks located within the MSSP area that are not located within a "newsrack enclosure structure" would be illegal and removed pursuant to the ordinance. This proposal would relieve the City of the acquisition, installation, and maintenance of newsrack structures within the "newsrack enclosure structure ", while maintaining a clearly defined area for the location of newsracks. As drafted, the ordinance will require that all newsracks on public property, whether within or outside of the MSSP area be the City- approved newsrack model — a "Mack Truck Green" standard K -Jack Engineering Company model series 50 or equivalent approved by Staff. Staff has obtained a preliminary cost estimate to construct such structures out of different materials and the cost estimates are $1,000 to $1,800, depending on the finish material chosen. Preliminary design proposals for the recommended structures are provided as Attachment 3. Staff has identified 21 locations along Main Street for such structures which would allow for between 3 and 4 newsracks in a single rack configuration and up to 6 to 8 newsracks in a "stacked" configuration. The estimated cost for preparation of construction plans and specifications is $5,000 and the costs for constructing all 21 structures is estimated to be approximately $42,000. The size of the newsrack enclosure structures will be 52" high, 20" deep and vary in length depending on the capacity of the structure. The 3 -unit (6 -unit if stacked) structure would be 7' to 8" in length, and the 4- unit (8 -unit if stacked) would be 9' to 10' in length. Preliminary conceptual designs for the newsrack enclosure structures are proved as Attachment 3. The exterior materials are proposed to be: ❑ "Trex" material that is similar in appearance to wood, but is a manufactured material offering longer life and easier maintenance; and ❑ "Faux stone" that is manufactured from concrete and available in many colors. The recommended 21 locations would have the capacity to accommodate between 63 -84 and 126 -168 newsracks, depending on if the installations are single or "stacked" newsracks. The number of newsracks within the Main Street area is 90 at the current Newsrack Ordinance Introduction CC Staff Report 2 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 time. Of those 90 newsrack structures, only 47 are "legal" in that they are currently utilized by businesses having a business license in the City. Staff is also recommending that the "Newsrack Permit Fee" be established at a level to provide a reserve fund for the replacement of the "newsrack enclosure structures ", based on a seven -year replacement cycle. The cost of the newsrack permit would be established by formal City Council resolution once the final costs for the construction of the "newsrack enclosure structures" is known. Ongoing maintenance and repair of the "newsrack enclosure structures" would be the responsibility of the City. Based on the above recommendations, the proposed "Newsrack Ordinance" has been revised and is presented for introduction. The proposed ordinance is provided as Attachment 1. Attachment 2 is a redline /strikeout version comparing the previous ordinance language to the currently recommended ordinance language. A copy of this Staff Report and the attachments has been mailed to each publication having newsracks within the Main Street Specific Plan Area that have a business license to operate within the City. Those publications are: ❑ Sun Newspaper ❑ Long Beach Press Telegram ❑ Orange County Register ❑ Los Angeles Times ❑ Real Estate and Home Magazine Requested Budget Amendment: If the City Council determines to proceed with consideration of the provision of City - installed newsrack enclosure structures it will be necessary for the City Council to authorize a budget amendment for the unanticipated consultant expense to prepare the necessary plans and specifications for the newsrack enclosure structures. Funds are available in the Undesignated General Fund Balance, and will be spent out of the Planning Department contract professional services account. Staff has prepared the appropriate resolution and it is provided as Attachment 4. The resolution has been prepared to reflect the maximum proposal amount of $ 10,000.00 under consideration for the preparation of construction level plans and specifications. At the time of the awarding of construction bids for the newsrack enclosure structures, staff will return with an additional budget amendment resolution to reflect the necessary costs for the construction of these structures. Recovery of Costs of Newsrack Enclosure Structures: A newsrack permit will be required to place newsracks on city property throughout the City. Each newsrack permit application shall be accompanied by a nonrefundable application fee. This fee shall be established by city council resolution and shall not Newsrack Ordinance Introduction CC Staff Report 3 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 exceed the actual cost of processing a newsrack permit application. This fee will be applicable to all newsracks located on City property throughout the City. For those newsracks located within the Main Street Specific Plan Area, an additional fee shall be imposed to include the amortized costs of the replacement of the City - constructed "newsrack enclosure structures" within the Main Street Specific Plan Area. This fee shall be established by city council resolution at a future date when the final construction cost of the newsrack enclosure structures is determined. FISCAL IMPACT: The increase in contract professional services for the preparation of plans and specifications for the proposed newsrack enclosure will be applied to the General Fund. Total increase in General Fund expenditures is $ 10,000.00 which will decrease the Undesignated General Fund Balance for Fiscal Year 2003 -2004 from $4,168,316.00 to $4, 158,316.00. Proceeding in the manner recommended would result in an additional future cost to the City of an estimated $42,000 for the construction of the proposed newsrack enclosure structures, in addition to the allocation of staff resources to complete the construction as proposed. RECOMMENDATION: Introduce Ordinance No. , An Ordinance of the City of Seal Beach Amending Chapter 11B of the Code of the City of Seal Beach Pertaining to Newsracks. Adopt Resolution No. , A Resolution of the City Council of the City of Seal Beach Authorizing Budget Amendment, No. 04 -14 for Preparation of Plans and Specifications for Proposed Newsrack Enclosure Structures. Receive and File Staff Report. NOTED AND APPROVED. e Whittenberg John . Bahorski erector of Development Services Ci anager Attachments: (4) Attachment 1: Ordinance No. , An Ordinance of the City of Seal Beach Amending Chapter 11B of the Code of the City of Seal Beach Pertaining to Newsracks Newsrack Ordinance Introduction.CC Staff Report 4 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 Attachment 2: Redline /Strikeout Version of Previous and Proposed Newsrack Ordinance Attachment 3: Conceptual Newsrack Enclosure Structures Attachment 4: Resolution No. , A Resolution of the City Council of the City of Seal Beach Authorizing Budget Amendment No. 04 -14 for Preparation of Plans and Specifications for Proposed Newsrack Enclosure Structures Newsrack Ordinance Introduction CC Staff Report 5 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 ATTACHMENT 1 ORDINANCE NO. , AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 11B OF THE CODE OF THE CITY OF SEAL BEACH PERTAINING TO NEWSRACKS Newsrack Ordinance Introduction.CC Staff Report 6 ff j; ' -f Introduction of Ordinance re: Newsrack Regulations and jam. Gel L i Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 11B OF THE CODE OF THE CITY OF SEAL BEACH PERTAINING TO NEWSRACKS The City Council of the City of Seal Beach does ordain as follows: Section 1. Code Amendment. Chapter 11B ( "Newsracks ") of the Code of the City of Seal Beach is hereby amended to read as follows: "Chapter 11B NEWSRACKS § 11B -1 Purpose. § 11B-2 Definitions. § 11B-3 Newsrack Permit. § 11B -4 Placement Standards — Non -Main Street Specific Plan Area § 11B -5 Placement Standards - Main Street Specific Plan Area. § 11B-6 Operation Standards. § 11B-7 Summary Impoundment. § 11B-8 Non- Summary Impoundment. § 11B-9 Administrative Hearing. § 11B-10 Return of Impounded Newsracks. § 11B-11 Disposal of Impounded Newsracks. Section 11B -1 Purpose. The purposes of this chapter are to: protect pedestrian safety; preserve the aesthetics of the city's sidewalk areas; facilitate distribution of publications through newsracks on public property; and to mitigate the traffic hazards and visual blight that can result from the unregulated placement of newsracks on public rights -of -way. Section 11B -2 Definitions. For the purposes of this chapter, the words and phrases set forth in this section shall mean: (a) Abandoned: Newsrack wherein no publication or the same publication has been displayed for a period of at least 30 consecutive days. Newsrack Ordinance Introduction.CC Staff Report 7 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 (b) Block: Public right -of -way abutting on one side of a street and lying between the two nearest intersecting streets or between the nearest intersecting street and the termination of such public right -of -way. (c) City- approved newsrack model: Standard K -Jack Engineering Company model series 50, or a model that the director deems equivalent in size and appearance, . painted a color equivalent to K -Jack Engineering Company "Mack Truck Green." (d) Curb: Raised edge adjacent to a roadway between the sidewalk and the roadway. (e) Department: Department of Public Works (f) Director: Director of Public Works or the designee thereof. (g) Driveway approach: Portion of a public right -of -way, including curb returns or depressed curbs, providing vehicular access to a private roadway, building or other facility. (h) Explicit sexual acts: Depictions of sexual intercourse, oral copulation, anal intercourse, oral -anal copulation, bestiality, sadism, masochism or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or any other act of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anus or anal region. (i) Main Street Specific Plan Area: Area described in the Main Street Specific Plan. (j) Newsrack: Self - service or coin - operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of a publication. (k) Newsrack enclosure structure: A decorative structure installed by the City for the placement of newsracks within the Main Street Specific Plan Area. (1) Owner: Person to whom a newsrack permit is issued. For purposes of this chapter, "owner" is synonymous with permittee. (m) Parkway: Area between the sidewalk and the curb of a street. Where there is no sidewalk, area between the edge of the roadway and the property line adjacent thereto. "Parkway" includes any roadway area that is not open to vehicular travel. Newsrack Ordinance Introduction.CC Staff Report 8 • Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 (n) Public right -of -way: Place of any nature that is dedicated to use by the public for pedestrian or vehicular travel, including without limitation: a street, sidewalk, curb, gutter, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park, square or any similar public way. (o) Roadway: Portion of a street improved, designed or ordinarily used for vehicular travel. (p) Sidewalk: Surface improved, designed or ordinarily used for pedestrian travel. (q) Street: As defined in California Vehicle Code Section 590. Section 11B -3 Newsrack Permit. (a) Requirement. No person shall place a newsrack on any public right -of- way without first obtaining a newsrack permit for such newsrack. (b) Application. Applications for newsrack permits shall be filed with the director upon a city - provided form. The application shall be signed by the applicant and shall contain the following information: (1) Name, address and telephone number of the applicant. (2) A precise diagram showing the location proposed for the newsrack and the location and number of all other newsracks existing on the same block. (3) Brand name of the newsrack and a description of how it will be installed. (4) The name of the publication to be contained in the newsrack. (5) A city attorney - approved written statement obligating the applicant to indemnify, defend, and hold harmless the city and its officers, employees and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies that the city shall incur or suffer as a result of the applicant's newsracks. Such obligation shall include payment of interest, penalties and reasonable attorneys fees. (6) A certificate of endorsement evidencing that a comprehensive liability insurance policy has been issued for the period of the requested newsrack permit by an insurance company that both (i) is admitted and licensed to do business in the State of California; and (ii) is rated A or better according to the most recent A.M. Best Co. Rating Guide. The policy limits of such insurance shall not be less than $1,000,000.00 Newsrack Ordinance Introduction.CC Staff Report 9 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 combined single limit or equivalent. Such policy shall name the city as an additional insured; shall specify that it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss; and shall contain a provision that no termination, cancellation or change of coverage of insured or additional insureds shall be effective until after 30 days notice thereof has been given in writing to the director. (7) Business License. Every applicant for a newsrack permit shall present proof of receipt of a business license or proof of application for such license. (c) Fee. Each newsrack permit application shall be accompanied by a nonrefundable application fee. This fee shall be established by city council resolution and, except for applications for spaces in the Main Street Specific Plan Area shall not exceed the actual cost of processing a newsrack permit application. The application fee for spaces in the Main Street Specific Plan Area shall not exceed the sum of the actual cost of processing a newsrack permit application and the amortized costs of the replacement of the City- installed newsrack enclosure structures within the Main Street Specific Plan Area. (d) Approval or Denial. The director shall, within 10 city business days of the filing of an application, approve and issue a newsrack permit if there are no grounds for denial; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon written consent of the applicant. (e) Grounds for Denial. The director may deny an application for a newsrack permit for any of the following causes: (1) The following grounds for denial shall apply to all applications: (A) Failure to complete the application. (B) Knowing submission of a fraudulent statement of material fact. (C) Failure to comply with the provisions of this chapter. (D) Within one year prior to the date of the application, the city has impounded a newsrack previously maintained by the applicant on the block listed in -� the application and the propriety of such impound has not been successfully challenged. (2) In addition to the grounds specified in sub - paragraph (1) above, the following grounds for denial shall apply to applications for placement of a newsrack within the Main Street Specific Plan Area: Newsrack Ordinance Introduction.CC Staff Report 10 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 (A) The proposed location of the newsrack is a location at which no newsrack space is available due to the issuance of newsrack permits to other persons pursuant to Section 11B-5. (f) Term. Each newsrack permit shall be valid for one year from the date of issuance unless revoked. A newsrack owner shall submit an application for renewal at least 15 days prior to the expiration of the owner's newsrack permit. (g) Appeals. Any interested person may request an administrative hearing regarding the issuance, denial of issuance, renewal or denial of renewal of a newsrack permit. Notwithstanding the preceding, no administrative hearing shall be held regarding the denial of a newsrack permit for a newsrack space within the Main Street Specific Plan Area if the denial was based on the lottery. A request for an administrative hearing must be filed in writing with the city clerk within 10 days after the decision of the director. Section 11B -4 Placement Standards — Non-Main Street Specific Plan Area. Newsracks located on public right -of -way outside of the Main Street Specific Plan Area shall comply with the following placement standards: (a) Newsracks shall not be placed: (1) Within 20 feet of any marked crosswalk. (2) Within 20 feet of the curb return of any unmarked crosswalk. (3) Within 15 feet of any driveway approach. (4) Within 10 feet of any fire hydrant, fire call box, police call box or other emergency facility. (5) Within 10 feet ahead of and 40 feet to the rear of any sign marking a designated bus stop. (6) Within 10 feet of any bus bench or bus shelter. (7) Within 10 feet of any mailbox, utility pole, telephone pedestal or any other permanent fixture located in the public right -of -way. (8) Within three feet of any area improved with lawn, flowers, shrubs or trees. Newsrack Ordinance Introduction.CC Staff Report 1 1 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 (9) Within three feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window for display purposes. (10) At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet. (11) At any location whereby the clear space for the passageway of pedestrians is reduced to less than five feet for a length of more than thirty feet. (12) Adjacent to or on the curb abutting any fire access lane. (13) • Within the limits of any portion of curb painted yellow or white. (b) Newsracks shall be placed between 18 inches and 24 inches from the curb. (c) No newsrack shall unreasonably interfere with or impede the flow of pedestrian or vehicular traffic. (d) No newsrack shall interfere with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery. (e) No newsrack shall project into a roadway. (f) No newsrack shall interfere with or impede ingress into or egress from any residence or place of business. Section 11B-5 Placement Standards - Main Street Specific Plan Area. (a) Concentration. The director shall determine the locations within the Main Street Specific Plan Area of newsrack enclosure structures on the public right -of -way and shall mark such locations on a map that is available to the public on request. In determining such locations, the director shall adhere to the following concentration standards: (1) No more than 24 newsracks shall be located on any one block of Main Street between Pacific Coast Highway and Ocean Avenue. The maximum grouping of newsracks at each location shall be eight. There shall be a minimum 100 -foot separation between each grouping. (2) No more than four newsracks shall be located on any one block of the northerly side of Ocean; each side of Central Avenue; each side of Electric Avenue; and the southerly side of Pacific Coast Highway, between Main Street and the adjoining alleys. Newsrack Ordinance Introduction.CC Staff Report 12 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report • November 10, 2003 (b) No person shall place or maintain a newsrack in the Main Street Specific Plan area except in one of the City -built newsrack enclosure structures. (c) Permit Process. (1) Except as provided in sub - paragraph (2) below, the director shall approve applications for spaces in a newsrack enclosure structure on a first -come, first - served basis. (2) The director shall approve newsrack permits by lottery in the event that both (i) two or more publications seek the same location for a newsrack; and (ii) there is insufficient space at the location to accommodate all such publications. No publication shall be eligible for more than one newsrack permit per newsrack grouping. The lottery shall be conducted by placing into a container the names of all of the eligible permit applicants and drawing names from the container one at a time until the number of available newsrack spaces at the location reaches zero. The director shall give advance written notice to the applicants of the time and place of the lottery, and shall allow members of the public to witness the lottery. (d) Permit Renewal. If a newsrack in the Main Street Specific Plan Area is abandoned during the permit term, or if the newsrack permit for that space is not renewed at the expiration of the term, then the newsrack permit for that newsrack space shall be re- allocated pursuant to paragraph (c) above. The permittee who abandoned the newsrack or failed to renew the newsrack permit shall not be eligible to participate in the re- allocation process. (e) Authority of Director. The director may promulgate policies necessary or convenient for the administration of this Section. Section 1 1B-6 Operation Standards. Newsracks located on public right -of -way shall comply with the following operation standards: (a) Each newsrack shall be the City- approved newsrack model. (b) Each newsrack shall have conspicuously affixed thereto the name, address and telephone number of the owner thereof. (c) Each newsrack shall have conspicuously affixed thereto the annual permit tag issued by the department. (d) No newsrack shall be abandoned. Newsrack Ordinance Introduction.CC Staff Report 13 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 (e) The liability insurance required by this chapter shall not be reduced or cancelled. (f) No newsrack shall contain an advertising sign. Notwithstanding the preceding, the name and logo of the publication distributed in a newsrack may be stenciled upon the front and back of such newsrack. (g) No newsrack shall be chained, bolted or otherwise attached to any property without the express written permission of the owner of such property. Notwithstanding the preceding, each newsrack shall be bolted to the sidewalk upon which it is maintained unless it is vertically stacked upon another newsrack pursuant to this chapter. (h) Each newsrack shall be maintained in a clean and neat condition and in good repair at all times. The owners of vertically stacked newsracks shall be jointly responsible for maintenance of the shared components of such newsracks. Occurrence of any of the following conditions on a newsrack shall constitute evidence that the newsrack is not being maintained in a clean and neat condition or in good repair: (1) Graffiti. (2) Broken or unreasonably misshapen structural components. (3) Cracks, dents or discoloration of the display window. (4) Substantial accumulation of dirt, grease rust or corrosion. (5) Substantial amount of chipped, faded, peeling, or cracked paint. (6) Substantial amount of tearing, peeling or fading of any paper or cardboard parts or inserts of the newsrack. (i) Publications offered for sale in the newsrack shall not be displayed or exhibited in a manner that exposes to public view from any public right -of -way 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, perineum, anus or anal region 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. Newsrack Ordinance Introduction CC Staff Report 14 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 Section 11B -7 Summary Impoundment. The director may summarily impound any newsrack that poses an imminent danger to pedestrians or vehicles. On the day of such impoundment, the department shall send the owner identified on the newsrack written notice of the seizure and the opportunity for an administrative hearing. If the owner files a written hearing request with the city clerk within 10 days of such notice, then the city manager shall conduct an administrative hearing regarding the propriety of the summary impoundment. Section 11B -8 Non - Summary Impoundment. Whenever any newsrack is found to be in violation of this chapter, but the violation does not present an imminent danger to pedestrians or vehicles, the department shall affix a notice of violation tag upon such newsrack and shall send a written notice of violation to the owner identified on the newsrack. The notice shall state the nature of the violation and shall indicate that failure to correct the violation or to file a written hearing request with the city clerk within 10 days may result in impoundment of the newsrack. The director may impound such newsrack if the owner has not corrected the violation or filed a written hearing request within the allotted period. If the owner files a timely written hearing request with the city clerk, then the city manager shall conduct an administrative hearing regarding the existence of the violation. The director may impound such newsrack two days after the city manager's administrative hearing decision if the decision confirms the existence of the violation and the owner has not corrected the violation. Section 11B -9 Administrative Hearing. (a) The city manager shall be responsible for conducting administrative hearings related to the implementation of this chapter. This responsibility may not be delegated. (b) The city manager shall conduct an administrative hearing and take the matter under submission for decision no later than 15 city business days following the timely filing of the request for hearing, unless the requestor and owner (if different than the requestor) consent in writing to an extension. At least 10 days prior to such hearing, written notice thereof shall be mailed to the requestor and owner (if different than the requestor). (c) Administrative hearings shall be conducted in accordance with procedures established by the city manager. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross - examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to Newsrack Ordinance Introduction.CC Staff Report 15 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 rely in the conduct of serious affairs. Any hearing under this paragraph may be continued for a reasonable time for the convenience of a party or a witness. (d) The city manager shall, within 10 city business days from the conclusion of the administrative hearing, render a written decision supported by findings. The time period set forth in this section shall not be extended except upon written consent of the requestor and the owner (if different than the requestor). The decision of the city manager shall be final. Notice of the decision and a copy thereof shall be mailed to the requestor and the owner (if different than the requestor). Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure Section 1094.8." Section 11B -10 Return of Impounded Newsracks. (a) Newsracks that have been summarily impounded shall be returned to the owner without charge if a timely hearing request was filed and the city manager determined that the seizure was improper. Otherwise such newsracks shall be returned upon payment of the impound fee and filing of a written request therefore within 30 days of the date of the seizure or, if applicable, the date of the city manager's administrative hearing decision upholding the seizure. (b) Newsracks that have been non - summarily impounded shall be returned to the owner upon payment of the impound fee and filing of a written request therefore within 30 days of the date of the seizure. (c) The amount of the impound fee shall be set by city council resolution. Section 11B -11 Disposal of Impounded Newsracks. The department may sell or otherwise dispose of any newsrack provided that both (i) 30 days have elapsed since the impoundment or city manager decision affirming the impoundment; and (ii) the owner of the newsrack has failed to pay the impound fee. The proceeds of such disposal shall be deposited in the city's general fund. " Section 2. Transition Program. Owners of newsracks lawfully placed on public right -of -way as of the effective date of this section shall have 60 days from such date to re -apply for a newsrack permit for each such newsrack and to bring each approved newsrack into compliance with this chapter. Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision Newsrack Ordinance Introduction.CC Staff Report 16 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 4. Violations and Penalties. Each person violating any provision of this Ordinance is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars or imprisonment for a term not exceeding six months, or by both. Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting thereof held on the day of , 2003 and was passed, approved and adopted by the City Council at a meeting thereof held on the day of 2003 by the following vote: AYES: Councilmembers NOES: Councilmembers Newsrack Ordinance Introduction CC Staff Report 17 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 ABSENT: Councilmembers ABSTAIN: Councilmembers And do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk Newsrack Ordinance Introduction.CC Staff Report 18 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 ATTACHMENT 2 REDLINE /STRIKEOUT VERSION OF PREVIOUS AND PROPOSED NEWSRACK ORDINANCE Newsrack Ordinance Introduction.CC Staff Report 19 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 11B OF THE CODE OF THE CITY OF SEAL BEACH PERTAINING TO NEWSRACKS The City Council of the City of Seal Beach does ordain as follows: Section 1. Code Amendment. Chapter 11B ( "Newsracks ") of the Code of the City of Seal Beach is hereby amended to read as follows: "Chapter 11B NEWSRACKS § 11B -1 Purpose. § 11B-2 Definitions. § 11B -3 Newsrack Permit. § 11B -4 Placement Standards — Non -Main Street Specific Plan Area. § 11B -5 Aftletitiettal Placement Standards for =Main Street Specific Plan Area. § 11B-6 Operation Standards. § 11B-7 Summary Impoundment. § 11B-8 Non- Summary Impoundment. § 11B-9 Administrative Hearing. § 11B -10 Return of Impounded Newsracks. § 11B -11 Disposal of Impounded Newsracks. Section 11B -1 Purpose. The purposes of this chapter are to: protect pedestrian safety; preserve the aesthetics of the city's sidewalk areas; facilitate distribution of publications through newsracks on public property; and to mitigate the traffic hazards and visual blight that can result from the unregulated placement of newsracks on public rights -of -way. Section 11B-2 Definitions. For the purposes of this chapter, the words and phrases set forth in this section shall mean: Newsrack Ordinance introduction CC Staff Report 20 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 (a) Abandoned: Newsrack wherein no publication or the same publication has been displayed for a period of at least 30 consecutive days. (b) Block: Public right -of -way abutting on one side of a street and lying between the two nearest intersecting streets or between the nearest intersecting street and the termination of such public right -of -way. (c) City- approved newsrack model: Standard K -Jack Engineering Company model series 50, or a model that the director deems equivalent in size and appearance, painted a color equivalent to K -Jack Engineering Company "Mack Truck Green." (d) Curb: Raised edge adjacent to a roadway between the sidewalk and the roadway. (e) Department: Dowlopittent4eres Department of Public Works. (f) Director: Director of Developmeterviees Public Works or the designee thereof. (g) Driveway approach: Portion of a public right -of -way, including curb returns or depressed curbs, providing vehicular access to a private roadway, building or other facility. (h) Explicit sexual acts: Depictions of sexual intercourse, oral copulation, anal intercourse, oral -anal copulation, bestiality, sadism, masochism or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or any other act of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anus or anal region. (i) Main Street Specific Plan Area: Area described in the Main Street Specific Plan. (j) Newsrack: Self- service or coin - operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of a publication. (k) Newsrack enclosure structure: A decorative structure installed by the City for the placement of newsracks within the Main Street Specific Plan Area. () fl Owner: Person to whom a newsrack permit is issued. For purposes of this chapter, "owner" is synonymous with permittee. Ncwsrack Ordinance Introduction.CC Staff Report 21 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 ( (m) Parkway: Area between the sidewalk and the curb of a street. Where there is no sidewalk, area between the edge of the roadway and the property line adjacent thereto. "Parkway" includes any roadway area that is not open to vehicular travel. ( n)Public right -of -way: Place of any nature that is dedicated to use by the public for pedestrian or vehicular travel, including without limitation: a street, sidewalk, curb, gutter, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park, square or any similar public way. ( f Roadway: Portion of a street improved, designed or ordinarily used for vehicular travel. (--) Sidewalk: Surface improved, designed or ordinarily used for pedestrian travel. Street: As defined in California Vehicle Code Section 590. Section 11B -3 Newsrack Permit. (a) Requirement. No person shall place a newsrack on any public right -of- way without first obtaining a newsrack permit for such newsrack. (b) Application. Applications for newsrack permits shall be filed with the director upon a city - provided form. The application shall be signed by the applicant and shall contain the following information: (1) Name, address and telephone number of the applicant. (2) A precise diagram showing the location proposed for the newsrack and the location and number of all other newsracks existing on the same block. (3) Brand name of the newsrack and a description of how it will be installed. _ -: - • : = : ::: -._ _ _ _ - : _ - -: ::: =_:- : . =:: _ _: • - • - (4) The name of the publication to be contained in the newsrack. (5) A city attorney - approved written statement obligating the applicant to indemnify, defend, and hold harmless the city and its officers, employees and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies that the city shall incur or suffer as a result of the applicant's newsracks. Such obligation shall include payment of interest, penalties and reasonable attorneys fees. Newsrack Ordinance Introduction.CC Staff Report 22 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 (6) A certificate of endorsement evidencing that a comprehensive liability insurance policy has been issued for the period of the requested newsrack permit by an insurance company that both (i) is admitted and licensed to do business in the State of California; and (ii) is rated A or better according to the most recent A.M. Best Co. Rating Guide. The policy limits of such insurance shall not be less than $1,000,000.00 combined single limit or equivalent. Such policy shall name the city as an additional insured; shall specify that it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss; and shall contain a provision that no termination, cancellation or change of coverage of insured or additional insureds shall be effective until after 30 days notice thereof has been given in writing to the director. (7) Business License. Every applicant for a newsrack permit shall present proof of receipt of a business license or proof of application for such license. (c) Fee. Each newsrack permit application shall be accompanied by a nonrefundable application fee. This fee shall be established by city council resolution and, except for applications for spaces in the Main Street Specific Plan Area shall not exceed the actual cost of processing a newsrack permit application. The application fee for spaces in the Main Street Specific Plan Area shall not exceed the sum of the actual cost of processing a newsrack permit application and the amortized costs of the replacement of the city- installed newsrack enclosure structures within the Main Street Specific Plan Area. (d) Approval or Denial. The director shall, within 10 city business days of the filing of an application, approve and issue a newsrack permit if there are no grounds for denial; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon written consent of the applicant. (e) Grounds for Denial. The director may deny an application for a newsrack permit for any of the following causes: (1) The following grounds for denial shall apply to all applications: (A) Failure to complete the application. (B) Knowing submission of a fraudulent statement of material fact. (C) Failure to comply with the provisions of this chapter. Newsrack Ordinance Introduction.CC Staff Report 23 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 (D) Within one year prior to the date of the application, the city has impounded a newsrack previously maintained by the applicant on the block listed in the application and the propriety of such impound has not been successfully challenged. (2) In addition to the grounds specified in sub - paragraph (1) above, the following grounds for denial shall apply to applications for placement of a newsrack within the Main Street Specific Plan Area: (A) The proposed location of the newsrack is a location at which no newsrack space is available due to the issuance of newsrack permits to other persons pursuant to Section 11B -5. (f) Term. Each newsrack permit shall be valid for one year from the date of issuance unless revoked. A newsrack owner shall submit an application for renewal at least 15 days prior to the expiration of the owner's newsrack permit. (g) Appeals. Any interested person may request an administrative hearing regarding the issuance, denial of issuance, renewal or denial of renewal of a newsrack permit. Notwithstanding the preceding, no administrative hearing shall be held regarding the denial of a newsrack permit for a newsrack space within the Main Street Specific Plan Area if the denial was based on the lottery. A request for an administrative hearing must be filed in writing with the city clerk within 10 days after the decision of the director. Section 11B -4 Placement Standards. Newsracks located on public right -of -way shall comply with the following placement standards: (a) Newsracks shall not be placed: (1) Within 20 feet of any marked crosswalk. (2) Within 20 feet of the curb return of any unmarked crosswalk. (3) Within 15 feet of any driveway approach. (4) Within 10 feet of any fire hydrant, fire call box, police call box or other emergency facility. (5) Within 10 feet ahead of and 40 feet to the rear of any sign marking a designated bus stop. (6) Within 10 feet of any bus bench or bus shelter. Newsrack Ordinance Introduction CC Staff Report 24 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 (7) Within 10 feet of any mailbox, utility pole, telephone pedestal or any other permanent fixture located in the public right -of -way. (8) Within three feet of any area improved with lawn, flowers, shrubs or trees. (9) Within three feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window for display purposes. (10) At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet. (11) At any location whereby the clear space for the passageway of pedestrians is reduced to less than five feet for a length of more than thirty feet. (12) Adjacent to or on the curb abutting any fire access lane. (13) Within the limits of any portion of curb painted yellow or white. (b) Newsracks shall be placed between 18 inches and 24 inches from the curb. (c) No newsrack shall unreasonably interfere with or impede the flow of pedestrian or vehicular traffic. (d) No newsrack shall interfere with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery. (e) No newsrack shall project into a roadway. (f) No newsrack shall interfere with or impede ingress into or egress from any residence or place of business. Section 11B -5 Oreletitiettal Placement Standards for - Main Street Specific Plan Area. V- . . (b a) Concentration. The director shall determine the locations within the Main Street Specific Plan Area of newsrack enclosure structures ;vh ___..._...r_.. d on the public right -of -way and shall mark such locations on a map that is Newsrack Ordinance lntroduction.CC Staff Report 25 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 available to the public on request. In determining such locations, the director shall adhere to the following concentration standards: (1) No more than 24 newsracks shall be located on any one block of Main Street between Pacific Coast Highway and Ocean Avenue. The maximum grouping of newsracks at each location shall be eight. There shall be a minimum 100 -foot separation between each grouping. (2) No more than four newsracks shall be located on any one block of the northerly side of Ocean; each side of Central Avenue; each side of Electric Avenue; and the southerly side of Pacific Coast Highway, between Main Street and the adjoining alleys. - -- -- -- - - - - -- -- -- - - -- - - - -- - - - -- - - -- - - - - -- eitr Prohibition. No • erson shall dace or maintain a newsrack in the Main Street Specific Plan Area except in a City- installed newsrack enclosure structure. € fcl Permit Process. (1) Except as provided in sub - paragraph (2) below, the director shall approve applications for spaces in a newsrack enclosure structure on a first -come, first- served basis. (2) The director shall approve newsrack permits by lottery in the event that both (i) two or more publications seek the same location for a newsrack; and (ii) there is insufficient space at the location to accommodate all such publications. No publication shall be eligible for more than one newsrack permit per newsrack grouping. The lottery shall be conducted by placing into a container the names of all of the eligible permit applicants and drawing names from the container one at a time until the number of available newsrack spaces at the location reaches zero. The director shall give advance written notice to the applicants of the time and place of the lottery, and shall allow members of the public to witness the lottery. (= WI Permit Renewal. If a newsrack in the Main Street Specific Plan Area -_ : —_ : - . —: _ - — - _ . :— _ - . is abandoned during the permit term, or if ± the Newsrack Ordinance Introduction.CC Staff Report 26 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 newsrack permit for the space is not renewed at the expiration of the term, then the newsrack permit for that newsrack space shall be re- allocated pursuant to paragraph (d c) above. The permittee who abandoned the newsrack or failed to renew the newsrack permit shall not be eligible to participate in the re- allocation process. ke Authority of Director. The director may promulgate polices necessary or convenient for the administration of this Section. Section 11 B -6 Operation Standards. Newsracks located on public right -of -way shall comply with the following operation standards: (a) Each newsrack shall be the City- approved newsrack model. (a b) Each newsrack shall have conspicuously affixed thereto the name, address and telephone number of the owner thereof. (b Each newsrack shall have conspicuously affixed thereto the annual permit tag issued by the department. (e d) No newsrack shall be abandoned. (� ) The liability insurance required by this chapter shall not be reduced or cancelled. (e t) No newsrack shall contain an advertising sign. Notwithstanding the preceding, the name and logo of the publication distributed in a newsrack may be stenciled upon the front and back of such newsrack. ( €g) No newsrack shall be chained, bolted or otherwise attached to any property without the express written permission of the owner of such property. Notwithstanding the preceding, each newsrack shall be bolted to the sidewalk upon which it is maintained unless it is vertically stacked upon another newsrack pursuant to this chapter. (g h) Each newsrack shall be maintained in a clean and neat condition and in good repair at all times. The owners of vertically stacked newsracks shall be jointly responsible for maintenance of the shared components of such newsracks. Occurrence of any of the following conditions on a newsrack shall constitute evidence that the newsrack is not being maintained in a clean and neat condition or in good repair: (1) Graffiti. (2) Broken or unreasonably misshapen structural components. Newsrack Ordinance Introduction CC Staff Report 27 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 (3) Cracks, dents or discoloration of the display window. (4) Substantial accumulation of dirt, grease rust or corrosion. (5) Substantial amount of chipped, faded, peeling, or cracked paint. (6) Substantial amount of tearing, peeling or fading of any paper or cardboard parts or inserts of the newsrack. i) P ublications offered for sale in the newsrack displayed or ck shall not be dis la ( ) n p Y exhibited in a manner that exposes to public view/from any public right -of -way 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, perineum, anus or anal region 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. Section 11B -7 Summary Impoundment. The director may summarily impound any newsrack that poses an imminent danger to pedestrians or vehicles. On the day of such impoundment, the department shall send the owner identified on the newsrack written notice of the seizure and the opportunity for an administrative hearing. If the owner files a written hearing request with the city clerk within 10 days of such notice, then the city manager shall conduct an administrative hearing regarding the propriety of the summary impoundment. Section 11B -8 Non - Summary Impoundment. Whenever any newsrack is found to be in violation of this chapter, but the violation does not present an imminent danger to pedestrians or vehicles, the department shall affix a notice of violation tag upon such newsrack and shall send a written notice of violation to the owner identified on the newsrack. The notice shall state the nature of the violation and shall indicate that failure to correct the violation or to file a written hearing request with the city clerk within 10 days may result in impoundment of the newsrack. The director may impound such newsrack if the owner has not corrected the violation or filed a written hearing request within the allotted period. If the owner files a timely Newsrack Ordinance Introduction.CC Staff Report 28 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 written hearing request with the city clerk, then the city manager shall conduct an administrative hearing regarding the existence of the violation. The director may impound such newsrack two days after the city manager's administrative hearing decision if the decision confirms the existence of the violation and the owner has not corrected the violation. Section 11B-9 Administrative Hearing. (a) The city manager shall be responsible for conducting administrative hearings related to the implementation of this chapter. This responsibility may not be delegated. (b) The city manager shall conduct an administrative hearing and take the matter under submission for decision no later than 15 city business days following the timely filing of the request for hearing, unless the requestor and owner (if different than the requestor) consent in writing to an extension. At least 10 days prior to such hearing, written notice thereof shall be mailed to the requestor and owner (if different than the requestor). (c) Administrative hearings shall be conducted in accordance with procedures established by the city manager. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross - examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this paragraph may be continued for a reasonable time for the convenience of a party or a witness. (d) The city manager shall, within 10 city business days from the conclusion of the administrative hearing, render a written decision supported by findings. The time period set forth in this section shall not be extended except upon written consent of the requestor and the owner (if different than the requestor). The decision of the city manager shall be final. Notice of the decision and a copy thereof shall be mailed to the requestor and the owner (if different than the requestor). Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure Section 1094.8." Section 11B -10 Return of Impounded Newsracks. (a) Newsracks that have been summarily impounded shall be returned to the owner without charge' if a timely hearing request was filed and the city manager determined that the seizure was improper. Otherwise such newsracks shall be returned upon payment of the impound fee and filing of a written request therefore within 30 days of the date of the seizure or, if applicable, the date of the city manager's administrative hearing decision upholding the seizure. Newsrack Ordinance Introduction.CC Staff Report 29 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 (b) Newsracks that have been non - summarily impounded shall be returned to the owner upon payment of the impound fee and filing of a written request therefore within 30 days of the date of the seizure. (c) The amount of the impound fee shall be set by city council resolution. Section 11B -11 Disposal of Impounded Newsracks. The department may sell or otherwise dispose of any newsrack provided that both (i) 30 days have elapsed since the impoundment or city manager decision affirming the impoundment; and (ii) the owner of the newsrack has failed to pay the impound fee. The proceeds of such disposal shall be deposited in the city's general fund. " Section 2. Transition Program. Owners of newsracks lawfully placed on public right -of -way as of the effective date of this section shall have 60 days from such date to re -apply for a newsrack permit for each such newsrack and to bring each approved newsrack into compliance with this chapter. Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 4. Violations and Penalties. Each person violating any provision of this Ordinance is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars or imprisonment for a term not exceeding six months, or by both. Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003. MAYOR Newsrack Ordinance Introduction.CC Staff Report 30 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 ATTEST: CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting thereof held on the day of , 2003 and was passed, approved and adopted by the City Council at a meeting thereof held on the day of , 2003 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers And do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk Newsrack Ordinance Introduction.CC Staff Report 31 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 ATTACHMENT 3 CONCEPTUAL NEWSRACK ENCLOSURE STRUCTURES Newsrack Ordinance lntroduction.CC Staff Report 32 - .�,,,� .mow _ _ � , �a4.,4� �� '' `�.es�,.. "� `�,w .,x, .�.'S •` "' tt 00,a, ItA , 4fi 4 otra*M.,, V AIN 3 sx'ti � � �: s� � s' r � K � C• ''��, r� r ,ash �' ;J r"=a< , r �{ - } .m r � f �,r� C'. a .� _ � z ti °r .a , .?, a� .r s , #er � 1 '' ��x ^s+a ��r' 4s ✓ ,,,� sG - r7'� .i�' K r.,�' € 'k c ,�+r�'�sa� F� .r $' s u L L'" `z� �.�"u'�ffi?. ` ,� „�� a'Y�e v } stone study Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 ATTACHMENT 4 RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET AMENDMENT NO. 04 -14 FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR PROPOSED NEWSRACK ENCLOSURE STRUCTURES Newsrack Ordinance Introduction.CC Staff Report 33 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report III November 10, 2003 ATTACHMENT 4 RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET AMENDMENT NO. 04 -14 FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR PROPOSED NEWSRACK ENCLOSURE STRUCTURES 0 0 , • . Newsrack Ordinance Introduction.CC Staff Report 33 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET AMENDMENT NO. 04 -14 FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR PROPOSED NEWSRACK ENCLOSURE STRUCTURES WHEREAS, the fiscal year budget requires budgetary amendments as outlined below: THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: REVISED/ ADOPTED PROPOSED BUDGET (diff) DEPT ACCOUNT BUDGET BUDGET AMENDMENT Contract Professional Services 001 - 030 -44000 $ -0- $ 10,000 $ 10,000 PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003. AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers Mayor Newsrack Ordinance Introduction.CC Staff Report 34 Introduction of Ordinance re: Newsrack Regulations and Preparation of Plans for Newsrack Enclosure Structures City Council Staff Report November 10, 2003 ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 2003. Joanne M. Yeo City Clerk Newsrack Ordinance lntroduction.CC Staff Report 35 •