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HomeMy WebLinkAboutAGENDA REPORT 1992 0520 CC REG ITEM 09B°�.�- ITEM • MOORPARK 7141 rpark Avenue Moorpark, California 9302TORPAr.A0�(�> � oq —�� City co un rl Meeting of 199 ACTION: ? - - �i M E M 0 R A N D U M By TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: April 30, 1992 (CC meeting May 6, 1992) SUBJECT: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CERTAIN PROVISIONS OF CHAPTER 5.60 TO TITLE 5 OF THE MOORPARK MUNICIPAL CODE; PERTAINING TO NEWSRACKS BACKGROUND On April 21, 1990 Code Enforcement conducted inspections of newsracks throughout the City. There were five newspaper companies that were found to be in violation of Section 5.60.040 (10) of the Municipal Code. Section A. 10. of 5.60.040 states that newsracks shall not be installed or maintained on a sidewalk that abuts property zoned Rural Agricultural, (R -A), Rural Exclusive (R -E), Single Family Estate (R -0), One Family Residential (R -1), Two Family Residential (R -2), Multiple Family Residential (R -3), Mobile Home Subdivision (MHS), Trailer Park Development (T -P -D) or Residential Planned Development (RPD), as such zones are defined in the City Zoning Ordinance. Presently newsracks are located on public right -of -way along Campus Park Drive, Marquette Street, Moorpark Avenue, Majestic Court and on private property within the Woodcreek Apartments. See attached photos regarding the areas in which the newsracks are located. On May 4, 1990 letters were sent to the five newspaper companies that were in violation of Section 5.60.040. The News Chronicle, Enterprise and Star Free Press complied after receiving their letter in May 1990. However, today they have reinstalled their newsracks back in the same locations. During this period the impounding of these newsracks was put on hold pending the decision of an appeal to the City Council by the Daily News and Los Angeles Times. The Daily News and Los Angeles Times were the only two companies to request an Office Hearing regarding this matter. The Office Hearings was held at City Hall on June 8, 1990 for the Daily News and on June 18, 1990 for the Los Angeles Times. 1 PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Both newspaper companies stated that Section 5.60.040 of the Moorpark Municipal Code was in violation of their First Amendment rights; not allowing them to install the newsracks abutting residential zoning. A letter sent out to both newspaper companies stating that the finding of the Director of Community Development at the Office Hearing was that the location of the newsracks on a sidewalk within or abutting a residential zone was in violation of the Municipal Code. Representatives from both the Daily News and Los Angeles Times stated that they would appeal his decision to the City Council. On September 7, 1990 a Public Hearing was held regarding an appeal pertaining to Section 5.60.040.A 10. Council considered a motion to remove this item from the agenda; and directed staff to work with the applicants toward resolving the issue, then report back to Council. On October 9, 1990 letters were mailed to both newspaper companies regarding Council action in removing this matter from their agenda and giving it to staff to provide a solution. In the October 1990 letter it also stated that staff was working on some language adjustments to Section 5.60.040.A 10. Today additional newsracks have been installed at Campus Park Drive. (Current photos attached) During staff's research they have found that a case most analogous to our problems is United States District Court of Wheaton (N.D. Illinois 1988) 697 F. Supp. 1464. Although this case is not controlling in California, the City of Wheaton passed an ordinance banning newsracks in all the city's residential zones. When the court analyzed the ordinance, it found that the city's reasons did not justify a total ban on newsracks in residential neighborhoods. The court, however, stated that tougher restrictions on newsracks in residential areas than in commercial zones would likely be upheld. Staff is therefore recommending an amendment to the Newsrack Regulation regarding Section 5.60.040 A. 10. Standard for installation, maintenance and removal of newsracks in a R -3, M -H -S, T -P -D, and R -P -D zoning. Staff feels that by changing this section it will allow some type of provisions for placing newsracks in multiple family residential areas on private property. DISCUSSION Section 5.60.040 .A 10 of Chapter 5.60 proposed to be revised as follows (strikeout identifies proposed deletions): 2 5.60.040 .A 10. The newsrack shall not be installed or maintained on a sidewalk that abuts property that is zoned rural - agriculture (R -A), rural exclusive (R -E), single - family estate (R- 0), one - family residential (R -1), two - family residential (R -2), trailer -- park develepm or residential planned development (R -P -D) 1 to 10 dwelling units per acre, as such zones are defined in the city's zoning ordinance and A draft ordinance is attached to implement the recommended revisions to Section 5.60.040.A 10. RECOMMENDATION That the Council consider that this action is categorically exempt under Class 21 as identified by CEQA. Introduce the Ordinance amending Section 5.60.040.A 10 of Chapter 5.60 for the first reading. Attachments: 1 Copy of revised Chapter 5.60 Newsracks 2 Current Photos taken 3 40 copmo arm MAY— 6- 9 2 W E D 10 :3 3 0 DAILY NEWS P O. D<7x A 2070 O t DL ANU Hlk.t5. CAL IF0I7N1A Qla455 -w .200 Iola) 713.3000 May 6 1992 V i ©--Fplu—I MIS Moorpark City Council Members City of Moorpark ' 799 Moorpark Avenue Moorpark CA 93021 Dear Moorpark City Council Members P - 0:2 q.C. The Daily News of Los Angeles has received your proposed revision to City Codified Ordinance Section 5.60.040.A 10 and believes this revision as well as the current Section is in violation of the First Amendment of the Constitution Of the United States because it prohibits free speech by limiting distribution of newspapers. In addition to the revision object as outlined, we strenuously to receiving only twenty - -four hours notice of this Proposed change. ` The Daily News encourages the City Council Members to vote against this proposed revision and repeal the existing Section 5.60.040.A 10. /S /i /ncerel y David lack Single Copy Sales Manager cc: Tom Pounds, Circulation Directors Daily News Bradley H. Ellis, Esq., Donovan, Leisurev Newton, and Irvine Z00'39dd 0082 2.2Z ZTZ T ":OT Z6. 9 AUW floo Angeles 91-me,, VIA FAX May 6, 1992 Mr. Patrick J. Richards Director of Community Development City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Pro osed Newsrack Ordinance Amendments Dear Mr. Richards: Times Mirror Square Los Angeles, CA 90053 213 237 -3760 Glen A Smith Senor Staff Counsel I was surprised yesterday when I received a memorandum from your office regarding a proposed amendment to the City's newsrack ordinance. I appeared at a city Council meeting on July 25, 1990, and attended a meeting with City officials on August 1, 1990, to discuss the newsrack ordinance. I do not understand why, almost two years later, the City has given me only one day to review the proposed amendment. Nevertheless, the Times is pleased that the City will remove its newsrack ban in areas zoned multiple- family residential (R3), mobile home subdivision (MHS) and trailer park developments (TPD), however, the remaining ban on residential plan development (RPD) one to ten dwelling units per acre, remains and it presents some of the same problems which are present in the current ordinance_ It seems incongruous that newsracks would be allowed in some higher density developments (apartment buildings, etc.) while not permitted in others. We can understand and appreciate the goal of restricting newsracks in low density areas, but to the extent newsracks are permissible near some high density developments, they should also be allowed in some of the higher density residential plan developments. Given the short notice, we have had little analyze the amendment. However, we believe c time to it is a good dil ` jr W�W A Times Mirror V Newspaper 200'39Hd 008€ LIZ 2TZ T bb:OT E6, 9 AUW Mr. Patrick J. Richards May 6, 1992 Page 2 idea as long as it was further amended to allow newsracks in the higher density RPD zones. Sinc ly, Ian GAS /cas cc: city council C:%WPDATAWASU b- rrERrm00RPARK 05MM £00 /£00 in MOON X3019 dH00 0090 LCZ CTZ T YV3 Lr :TT . Z6 /90 /SO