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Home My WebLink AboutAGENDA REPORT 1990 0919 CC REG ITEM 09ABERNARDO M. PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember PAUL W. LAWRASON, Jr. Councilmember LILLIAN KELLERMAN City Clerk MOORPARK . "JORPARK, CALIFORNIA ( /(S1i(Q) ITEM 9. MOORPARK, CALIFORNIA STEVEN KUENY Ci �� yi�7 �� weft City Manager Of M E M O R A N D U M 199� CHERYL J. KANE City Attorney �C RICHARDS, A.I.C.P. Director of .��Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Dg,TeDlopmenttw DATE: July 19, 1990 (cc meeting of 7/25/90) arentiaZ M"*Q or SUBJECT: Appeal Regarding the Location of Newsracks in) Zones Background On April 21, 1990, the Code Enforcement Officer 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. Item 10 of this section 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 -O), 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. The newsracks are located at the intersection of -ampus Park Drive and Marquette Street on Moorpark Avenue, Majestic: Court and within the Woodcreek Apartments. See attached photos (Attachment No. 7) regarding the area in which the newsracks are located. Of note, is the fact that even if they were permitted in these zones, they would still be in violation of setback requirements. On May 4, 1990, letters were sent to the five newspaper companies that were in violation of Section 5.60.040. The News Chronicle complied, the Enterprise and Star Free Press have not complied. The impounding of these newsracks has been put on hold pending the decision of the 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 do Office Hearing regarding the issue. The Office Hearings were held at Moorpark City Hall on June 8, 1990 for the Daily News and on June :18, 1990 for the Los Angeles Times. Both newspaper companies crated that Section 5.60.040 of the Moorpark Municipal Code was in violation of their First Amendment rights; not allowing theni to install the newsracks 799 Moorpark Avenue _ _ Moorpark, Gaiifornia 93021 (805) 529 -6864 0 The Honorable City Council July 19, 1990 (cc meeting 7/25/90 Page 2 abutting residential zoning. A letter was 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 the City's decision to the city Council. Discussion The newsracks are a commercial use in a residential zone. By allowing them to remain in these locations gives them the opportunity to install them on any residential corner or on any street throughout the City. The commercial use of the newsracks may also open the door for other types of commercial vending machines. The newsracks located on Campus Park Drive are currently creating a site obstruction. A letter was sent out on July 9, 1990-from the Director of Public Works identifying newsracks which were resulting in safety problems due to a vehicular traffic sight obstruction. Recommendation It is Staff's recommendation that the appeal of the Daily News and the Los Angeles Times be denied. In addition, that the City Council direct Staff notify all newspaper companies in violation of Section 5.60.040(10) that they have ten (10) days to remove identified newsracks, after which time they will be impounded in accordance with Section 5.60.070 of the Moorpark Municipal Code. Attachments: 1 Copy of Chapter 5.60, "News racks" 2 Letter from Los Angeles Time dated May 23, 1990 request for hearing 3 Letters dated July 9, 1990 to The Daily News, Los Angeles Times, The Enterprise and Star Free Press 4 Letter from Los Angeles Times and Daily News, request for continuance 5 Letter from Los Angeles Times dated June 25, 1990 and from Daily News dated June 22, 1990 requesting an appeal 6 Correspondence May 4, 1990 through June 20, 1990 7 Location Photographs FM3JUL9.2 C 5.56.040 -- 5.60.010 3 G. Whether the applicant has, in effect, a policy of indemnity insurance, issued by a reliable insurance company licensed to carry on an insurance business in the state, sufficient to compensate spectators present at any such race held by the applicant for any injury sustained by any spec- tator as a result of any accident or as a result of any neg- ligent or careless operation to any motor vehicle placed in competition at any such race or competition. Proof of the insurance policy shall be presented with the application. (Ord. 6 51(part), 1983) 5.56.040 License - -Fee. The fee for the license required by Section 5.56.020 of this chapter shall be the sum of ten dollars ($10.00) per day or one hundred dollars ($100.00) per year, whichever is lower. (Ord. 6 51(part), 1983) 5.56.050 License--Approval. The sheriff shall approve the application unless it shall appear that the health and safety of the community would be endangered by the proposed motor vehicle race or races. (Ord. 6 51(part), 1983) Chapter 5.60 NEWSRACKS Sections: 5.60.010 Definitions. 5.60.020 Compliance required generally. 5.60.030 Registration required. 5.60.040 Standards for :installation, maintenance and removal. 5.60.050 Display of certain matter prohibited. 5.60.060 Violation -- Notice. 5.60.070 Violation -- Impoundment of newsracks. 5.60.080 Hearing procedures. 5.60.090 Notices generally. 5.60.100 Nonconforming newsracks. 5.60.110 Abandoned newsracks. 5.60.120 Unmarked newsracks. 5.60.010 Definitions. For the purpose of this chap- ter, certain words and phrases are defined as set forth in this section, unless it -is apparent from the context that a different meaning is intended: "Newsrack" means any self- service or coin - operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of printed material. 5 ATTACHMENT