CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: January 6, 2026
=========================================================================================== To: Honorable City Councilmembers
From: Mayor McLewis
Responsible Department: City Attorney
Subject: Direction to City Attorney to prepare an ordinance on Magazine/Newspaper/ Pamphlets Boxes in city Right of Ways/Locations/Accountability =========================================================================================== RECOMMENDATION:
That the City Council consider the request to direct the City Attorney to prepare an ordinance regulating magazine, newspaper, and pamphlet boxes within City rights-of-way, including standards for placement, maintenance, and accountability.
EXECUTIVE SUMMARY:
The City Council is asked to consider whether to direct the City Attorney to prepare an ordinance establishing regulations for magazine, newspaper, and pamphlet boxes located within City rights-of-way. An ordinance would provide clear standards for placement, maintenance, and identification of responsible parties in order to address public safety, accessibility, and aesthetic concerns while balancing First Amendment considerations.
PROCESS OF AGENDA ITEM:
a. Presentation of agenda item by the Requestor or Responsible Department b. Questions and discussion from Councilmembers
c. Public comment period
d. Council deliberation and motion
BACKGROUND:
Magazine, newspaper, and pamphlet boxes are currently located in various locations throughout the City, including within public rights-of-way. At present, the City does not have a comprehensive ordinance specifically regulating the placement, maintenance, or ownership identification of these boxes. As a result, issues have arisen related to accessibility, visibility, maintenance, abandoned boxes, and enforcement challenges.
Other jurisdictions have adopted ordinances that regulate such boxes in a content-neutral manner, focusing on location, size, maintenance, and public safety, while remaining consistent with constitutional protections for free speech.
DISCUSSION:
The City has recently made great strides in beginning the improvement of the appearance of Downtown Sebastopol. Currently, there is a large variety of newsracks in the city, which negatively impacts the aesthetics of the downtown corridor. Some examples of current newsracks throughout the City include those in the photos that will be uploaded as soon as possible.
Concerns related to magazine, newspaper, and pamphlet boxes include obstruction of sidewalks and pedestrian access, impacts on Americans with Disabilities Act (ADA) compliance, visual clutter, and the lack of clear accountability when boxes are damaged, abandoned, or improperly placed.
If the City Council chooses to proceed, an ordinance could address:
• Permitted and prohibited locations within the public right-of-way • Standards for size, placement, anchoring, and appearance • Maintenance and cleanliness requirements
• Identification of the owner or responsible party
• Procedures for removal of abandoned or noncompliant boxes • Enforcement mechanisms and penalties
Any proposed ordinance would need to be content-neutral and carefully crafted to comply with applicable state and federal constitutional requirements.
STAFF (CITY ATTORNEY) ANALYSIS:
Freedom of the press includes the right to distribute newspapers. The City cannot completely ban newsracks on public sidewalks, nor can it enforce its ordinances such that distributors are functionally banned from operating newsracks in public spaces. If approved, City staff will return with a draft ordinance with recommendations on placement, maintaining pedestrian access, accessibility and other topics not listed while still allowing newspapers to be reasonably distributed in public areas.
At this time, no fiscal impact is associated with providing direction to prepare an ordinance. Any future impacts related to enforcement or administration would be evaluated and presented to the City Council during consideration of a draft ordinance.
PUBLIC COMMENT:
As of the writing of this staff report, the City has not received any public comment. However, if staff receives public comment from interested parties following the publication and distribution of this staff report such comments will be provided to the City Council as supplemental materials before or at the meeting. In addition, public comments may be offered during the public comment portion of the agenda item.
PUBLIC NOTICE:
This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date.
FISCAL IMPACT: There is no fiscal impact associated with direction to the City Attorney. It is estimated that the ordinance can be prepared within the City Attorney budget.
RESTATED RECOMMENDATION: That the City Council consider the request to direct the City Attorney to prepare an ordinance regulating magazine, newspaper, and pamphlet boxes within City rights-of-way, including standards for placement, maintenance, and accountability.
OPTIONS:
1. Deny the request for direction to City Attorney
2. Approve the request with additional direction
ATTACHMENT(S):
Photos will be uploaded once received
APPROVALS:
Department Head Approval: Approval Date: 12-29-2025
CEQA Determination (Planning): Approval Date: 12-29-2025 The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) Administrative Services/Financial Approval: Approval Date: 12-29-2025 Costs authorized in City Approved Budget: ☐ Yes ☐ No X N/A Account Code (f applicable) ___________________________ City Attorney Approval: Approval Date: 12-29-2025
City Manager Approval: Approval Date: 12-29-2025