PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:
INTRODUCTION (FIRST READING) OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH AMENDING SECTIONS 12.10.010, 12.10.030,
12.10.040, 12.10.050, 12.10.070, 12.10.070, 12.10.080, AND 12.10.120 OF THE PISMO
BEACH MUNICIPAL CODE REGARDING NEWSRACKS
RECOMMENDATION:
Introduce an Ordinance amending sections 12.10.010, 12.10.030, 12.10.040, 12.10.050,
12.10.070, 12.10.070, 12.10.080, and 12.10.120 of the Pismo Beach Municipal Code regarding newsracks.
BACKGROUND:
On November 16, 2021 the City Council adopted Ordinance O-2021-005 (codified in Chapter 12.10 of the Pismo Beach Municipal Code) establishing a permitting program for newsracks placed on or within public rights-of-way in the city of Pismo Beach. The newsrack program is designed to ensure a uniform design and aesthetic for newsracks in the City and to ensure the placement of newsracks in the City permits safe passage of pedestrians or vehicles, provides for safe and reasonable use of private property adjoining or in the vicinity of public rights-of-way, and does not obstruct or interfere with the use the public rights-of-way.
To further these goals, the City purchased several newsracks that it will install at locations in the City suitable for newsracks. The spaces in City-owned newsracks will be available to the public on a first-come, first-serve basis upon successful application for a permit under Chapter 12.10 of the Pismo Beach Municipal Code.
As currently enacted, the newsrack program provides for permits for newsrack spaces but does not clearly state that such spaces are located in City-owned newsracks. The Ordinance amends Sections 12.10.010, 12.10.030, 12.10.040, 12.10.050, 12.10.070,
12.10.070, 12.10.080, and 12.10.120 to clarify that under the newsrack program, applicants can seek a permit for their own newsrack meeting certain standards or a permit for a newsrack space in a City-owned newsrack.
Staff has sent a notice to all publications who currently have news racks within the City right-of-way to inform them of the Ordinance and procedures for securing a permit in the new newsracks. The new newsracks will be installed by Public Works staff toward the end of April/beginning of May 2023.
Conclusion and Recommendation
Staff recommends that the City Council introduce an Ordinance (Attachment 1) making amendments to the Municipal Code to clarify the City’s existing newsrack regulations. If the Council acts to introduce the Ordinance as recommended, it will be returned for
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adoption at the next available meeting and will become effective by statute 30 days thereafter.
FISCAL IMPACT:
There is no fiscal impact associated with adoption of the proposed ordinance, as the ordinance merely clarifies the existing newsrack program and does not add new elements to the program.
ALTERNATIVES:
1. Modify, and then introduce, the proposed Ordinance.
2. Do not introduce the Ordinance.
3. Provide staff with alternative direction.
ATTACHMENTS:
1. Draft Ordinance
Prepared by: Chelsea O’Sullivan, Meeting Date: April 18, 2023 Assistant City Attorney
Submitted by: Benjamin A. Fine, Public Works Director/City Engineer City Manager Approval:
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ORDINANCE NO. O-2023-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 12.10: NEWSRACKS, OF THE CITY OF PISMO
BEACH MUNICIPAL CODE, RELATING TO REGULATION OF NEWSRACKS WHEREAS, on November 16, 2021 the City Council adopted Ordinance O-2021-005 establishing a permitting program for newsracks placed on or within public rights-of-way in the City of Pismo Beach; and
WHEREAS, the City Council’s decision in adopting the newsrack ordinance was to avoid uncontrolled design, placement, installation, or maintenance of newsracks on and within the public rights-of-way to avoid interference with and obstruction of the use of public rights-of-way, safe passage of pedestrians or vehicles, and safe and reasonable use of private property adjoining or in the vicinity of public rights-of-way; and WHEREAS, to further the goals of the newsrack ordinance, promote uniform and coordinated newsracks and an orderly distribution of newsracks, the City purchased several newsracks for use by persons obtaining a permit under the newsrack ordinance; and
WHEREAS, certain amendments to the newsrack ordinance are needed to clearly address permits for newsrack spaces in city-owned newsracks.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
Section 12.10.010 of the Pismo Beach Municipal Code is revised to read as follows:
12.10.010 Purpose.
This chapter establishes a permitting process, and sets standards to regulate design, placement, installation, or maintenance of newsracks in the city. This chapter sets regulations to ensure enforcement of these standards, and collection and payment of appropriate fees. Permits are required and may be issued for newsrack spaces in city-owned newsracks, or for privately owned newsracks. In its enactment of the ordinance to add this chapter to the Municipal Code, the City Council approved specific findings of fact related to the need, purpose and scope of this chapter. Those findings adopted by the City Council are incorporated by reference as though each was set forth in fully in this chapter.
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SECTION 3.
Section 12.10.030 of the Pismo Beach Municipal Code is revised to read as follows:
12.10.030 Permit—required.
A. No person shall place, install, maintain, operate, or cause to be placed, installed, maintained, or operated a newsrack on, within, or projecting into a public right-of-way or public property, or use or place any material, including but not limited to publications, into a city-owned newsrack space, without first securing a permit from the city pursuant to this chapter.
B. An application for a permit required by this chapter shall be made at least twenty (20) business days prior to the placement of any newsrack or any material or publication in a city-owned newsrack space.
SECTION 4.
Section 12.10.040 of the Pismo Beach Municipal Code is revised to read as follows:
12.10.040 Permit application.
A. Applications for permits for newsrack(s) or city-owned newsrack space(s) shall be made to the City Manager.
B.Applications for newsrack(s) to be placed, installed, maintained, and operated by the applicant shall include the following:
1. The name, business name, address, and telephone number of the applicant;
2. The name, address, and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's newsrack;
3. A description, including a map and/or elevation diagram as appropriate, of the requested location(s) for the newsrack(s);
4. Specifications for the size, weight, dimensions, and appearance of the requested newsrack(s) and how the newsrack(s) will be secured;
5. The number of full newsrack spaces and half newsrack spaces in the newsrack.
C. Applications for a newsrack space in a city-owned newsrack shall include the following.
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1. The name, business name, address, and telephone number of the applicant;
2. The name, address, and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's newsrack space;
3. The location of the existing newsrack into which the applicant wishes to locate;
4. Whether the requested newsrack space is a full newsrack space or half newsrack space;
5. Whether the requested newsrack space will include a payment mechanism.
D. There shall be an annual permit application fee for each newsrack and city- owned newsrack space in accordance with the master fee schedule adopted by the City Council. The annual permit application fee shall be set for each separate publication or other material to be placed in a newsrack space in a city-owned newsrack; a separate fee shall apply to each city- owned newsrack space, per full newsrack space and per half newsrack space. The fee for a newsrack permitted under this chapter shall be calculated by the number and type of newsrack spaces available in the newsrack.
SECTION 5.
Section 12.10.050 of the Pismo Beach Municipal Code is revised to read as follows:
12.10.050 Permit issuance—renewal.
A. Upon determination that an application meets the requirements of this chapter, the City Manager shall issue a permit for either (1) the placement of a publication or other material within a newsrack space in a city-owned newsrack, or the (2) placement, installation, operation, and maintenance of a newsrack by the applicant. Each permit issued shall be deemed to incorporate as a condition to the permitted activity, the requirement of the permittee to comply with all the provisions of this chapter.
B. Permits shall be limited and remain valid for one (1) year; annual renewal shall require a separate application, fee, and permit approval.
C. Permits shall not be transferrable from one location to another; permits shall not be assignable from one person or entity to another.
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SECTION 6.
Section 12.10.070 of the Pismo Beach Municipal Code is revised to read as follows:
12.10.070 Liability indemnification.
Each person owning, installing, operating, maintaining, or using a newsrack or newsrack space (including a city-owned newsrack space) upon or within the public property, rights-of-way, or public easements adjacent to streets of this city, as a condition to such installation, operation, or use shall indemnify and hold harmless the city, its officers and employees from any loss, liability, damage, or cost sustained by any person or property, arising from the ownership, installation, operation, maintenance, or use of the newsrack or newsrack space.
SECTION 7.
Section 12.10.080 of the Pismo Beach Municipal Code is revised to read as follows:
12.10.080 Newsracks requirements.
A. Requirements for newsracks not owned by the city.
1. Placement of newsracks.
a. Each newsrack at a given location shall be part of a multi-unit modular configuration subject to standards set forth in this chapter. Each newsrack shall be located so as to maximize the public convenience, health, safety, and welfare, both as to accessibility to the newsracks and the use of the public right- of-way as a thoroughfare, and the aesthetic appearance of the area;
b. No newsrack shall be installed, used, or maintained in the public right-of-way in residential districts within the city;
c. Newsracks shall be placed adjacent to the wall of a building or near a curb. Newsracks placed adjacent to the wall of a building shall be parallel to such wall and not more than six (6) inches from the wall. Newsracks placed near a curb shall be placed not less than eighteen (18) inches and no more than twenty-four (24) inches from the edge of the curb. The
newsrack shall face the sidewalk. The City Manager may
approve an exception to these locations for public access purposes;
d. No newsrack shall be placed, installed, used, or maintained:
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i. Opposite another newsrack;
ii. Within five (5) feet of any marked or unmarked
crosswalk;
iii. Within five (5) feet of any fire hydrant or other
emergency facility;
iv. Within five (5) feet of any driveway;
v. Within five (5) feet of any bus bench or sign marking a designated bus stop;
vi. At any location whereby the clear space for the
passage of pedestrians is reduced to less than five (5) feet;
vii. Within two (2) feet of any area improved with lawn, flowers, shrubs, or trees or within two (2) feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere
with the reasonable use of such window for display
purposes;
viii. At any location, in the opinion of the Director of Public Works, where the newsrack causes, creates, or
constitutes a traffic hazard;
ix. At any location, in the opinion of the Director of Public Works, where the newsrack unreasonably obstructs or
interferes with access to or the use and enjoyment of
abutting property;
x. Where the newsrack will endanger persons or
property;
xi. Where, in the opinion of the Director of Public Works, the newsrack will unreasonably interfere with or
obstruct the flow of pedestrian or vehicular traffic or access to parked vehicles on a highway; or
xii. In any way that is contrary to the City of Pismo Beach Engineering Standards.
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e. Placement of newsracks on the Pier and on lateral piers, boardwalks and promenades along the beach is prohibited because such placement would constitute an unreasonable interference to the flow of pedestrians and emergency
response vehicles in an areas where pedestrian and
emergency vehicle access is limited to the termini of these structures and limited-access stairs to the beach and where there is unsheltered exposure to wind and weather and
therefore constitutes a significant risk to the health and safety of the public.
2. Standards. Each newsrack which in whole or in part rests upon, in, or over any sidewalk or parkway shall comply with the following standards:
a. Each newsrack installed, used, or maintained on a public sidewalk or parkway, or portion thereof, shall be of the modular newsrack type specified by the Director of Public Works. Modular newsrack means a newsrack that is designed with at least two (2) newsrack spaces to accommodate the display, sale, or distribution of multiple newspapers or other written matter to the general public.
b. No newsrack shall exceed five (5) feet in height, three (3) feet in width, and three (3) feet in depth.
c. No newsrack shall be chained, bolted, or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object, including public signs, benches, fire hydrants, or other facilities in the right-of-way. Newsracks may only be attached to private property with the prior written permission of the owner of the private property.
d. No newsrack, or groups of attached newsracks allowed under this section, shall weigh, in the aggregate, in excess of five hundred (500) pounds when empty.
e. No newsrack shall be used for advertising signs or publicity purposes other than to state the name of the newspaper or periodical being sold and the price of such periodical. No exterior signs, stickers, or advertising shall be permitted, other than the available front clear portion of the newsrack space.
f. Each newsrack shall be designed and constructed so that wind action will not cause papers to be blown from the rack.
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3. Installation and maintenance.
a. Stands for newsracks shall be either a supporting structure, constructed by the city, or a multi-unit pedestal. Such pedestal shall not exceed nineteen (19) inches in height.
b. Newsracks shall be painted a color designated by the City Manager.
c. Each newsrack and newsrack space shall be maintained by the permittee in a clean and neat condition, free of graffiti, dirt, stickers, grease, and corrosion, and in good repair at all times.
No newsrack or newsrack space shall be allowed to be
chipped, faded, or cracked or contain broken or cracked plastic, glass, or structural parts. Adhesive labels, other than city-issued markers, or adhesive labels related to publications in the newsrack or newsrack space, shall not be displayed on newsracks.
d. Each permittee is responsible for placement of publications or other materials within newsracks. All work undertaken shall be the sole responsibility of the permit holder. Damage resulting from the installation of the material into the newsrack shall be reported to the city immediately and repaired
immediately per city approval, at the expense of the permittee.
Failure to make required repairs may result in city staff undertaking efforts to make such repairs. The cost of repairs shall be chargeable as a civil debt to the permit holder, owner, or operator of the newsrack, and may be collected by the city in the same manner as it collects any other civil debt or obligation.
e. The installation of newsracks shall meet the same design concerns as identified for other encroachments in Section
12.32.130 of this Code.
B. Requirements for newsrack spaces in city-owned newsracks.
1. Each newsrack space shall be maintained by the permittee in a clean and neat condition, free of graffiti, dirt, stickers, grease, and corrosion, and in good repair at all times. Adhesive labels, other than city-issued markers, or adhesive labels related to publications in the newsrack or newsrack space, shall not be displayed on newsracks.
2. Each permittee is responsible for placement of publications or other materials within the permitted newsrack space. All work undertaken
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shall be the sole responsibility of the permit holder, including installation and maintenance of any payment mechanism desired by the permit holder. Damage resulting to the newsrack space, other than usual wear and tear, shall be reported to the city immediately and repaired immediately per city approval, at the expense of the permittee. Failure to make required repairs may result in city staff undertaking efforts to make such repairs. The cost of repairs shall be chargeable as a civil debt to the permit holder, owner, or operator of the newsrack, and may be collected by the city in the same manner as it collects any other civil debt or obligation.
C. Newsrack location limits. In general, the number of newsracks at a particular corner, intersection, or other location shall not exceed ten (10) full newsrack spaces, including any city-owned newsracks. Any exception to this limit resulting in an increase in the number of authorized newsrack spaces at any particular location shall be determined by the City Manager subject to the following standards:
1. Whether sufficient clear space for the safe passage of pedestrians requiring amendment of the preceding limitation of five (5) feet;
2. Whether the width of the sidewalk prohibits the installation of newsracks;
3. Whether density of pedestrian traffic or vehicular traffic, or the need to access parked vehicles, necessitates fewer newsracks than the number requested. It is the purpose of this section to provide maximum public access to all publications of general interest and circulation.
SECTION 8.
Section 12.10.120 of the Pismo Beach Municipal Code is revised to read as follows:
12.10.120 Nuisance/cumulative remedies.
A. The placement, installation, operation, maintenance, or use of any newsrack or newsrack space in violation of this chapter shall be, and the same is declared to be, a public nuisance. This chapter shall not be deemed a limitation upon any other remedies of the city authorized by law with respect to the matter herein specified.
B. In addition to any and all remedies set forth herein in connection with violations of this chapter, any violation of this chapter shall be punishable pursuant to Chapter 1.24 of this Code.
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SECTION 9.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 10.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 11.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 12.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 18th day of April, 2023, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
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Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2023, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
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