HomeMy WebLinkAboutOrdinance 3813 Amending Chapter 12.37 of the Huntington Beac Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County,State of California, under date of Aug.24, 1994,case
A50479.
PROOF OF
PUBLICATION
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STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
I am the Citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years; and not a party
t0 Or interested In the below entitled matter. ;3• A PERMIT FEE BASE
am a principal clerk of the HUNTINGTON CITY OF ON CITY-WIDE FEE
HUNTINGTON BEACH. STUDY ANTICIPATED TO
BEACH INDEPENDENT, a newspaper of ; BE COMPLETED IN THE.
LEGAL NOTICE. 'FALL. THIS-PERMIT FEE
general circulation, printed and published in I ORDINANCE NO.3813 IS REQUIRED T OFFSET
the City of Huntington Beach County of + 4. UNIFORM COSTS:
8d fhe Ci �OURCiI 4. UNIFORM F O R M NEW-
on onSEPTEMBER2 2008 '; SRACKS AND COLOR,
Orange, State of California, and the ' SINGLE TRAY AND PED-
"AN ORDINANCE OF THEI ESTAL.
attached Notice is a true and complete co CITY, OF HUNTINGTON: 5. NO MORE THANTOUR'
p copy BEACH AMENDING: UNITS IN A ROW, AND`
CHAPTER
as was printed and published on the HUNTINGTON7 BEACH% NO MORE THAN EIGHT:
IN A SPECIFIC LOCA;
following date(s): MUNICIPAL CODE RE TION.
LATING SYNOPSIS: TO NEW (WINDOW NG LAN-'l
FOND ADVERDISPLAY.
ON AUGUST 20, 2007, TISING RACK CARDS.
CITY COUNCIL DIRECTED, %THIS ORDINANCE DOES
STAFF TO FORM A COM- NOT CHANGE THE OPER-
MITTEE TO' REVIEW_ +ATIONS OF NEWSPAPER
NEWSRACKS, TEMPO iVEDORS'AS THEY CUR=
RARY'OUTDOOR 'SALES,; RENTLY PURCHASE,-IN-
ANDSeptember 11, 2008 BUTIONAIIN BTHE DI OWN (EACH NEWSRA KAINTAIN
TOWN. AN AD-HOC, IPASSED AND ADOPTED
COMMITTEE WAS; l by the City Council of
FORMED AND CONSIST-' the City ,of Huntington
ED OF THREE CITY 'Beach at a regular
j COUNCILMEMBERS„ meeting•,held September.
CITY STAFF, NEWSPA 2, 2008 by the following
PER DISTRIBUTORS, roll call vote:
DOWNTOWN BUSINESS" AYES: Hansen, Hardy,
REPRESENTATIVES, ONE Bohr; Cook, Coerper,
DESIGN REVIEW BOARD Green Carchio
(DRB) MEMBER,: ANDS NOES:None.
ONE PLANNING 'COM-I ABSTAIN:None
MISSIONER.THREE SEP ABSENT:None
declare, under penalty of perjury, that the ARATE WORKGROUPS THE FULL TEXT OF THE
I WERE FORMED TOi ORDINANCE IS AVAIL-
foregoing Is true and correct. { EVALUATE EACH SUB-1 ABLE IN!'THE CITY
JECT MATTER. CLERK'S OFFICE., .
A F T E R SEVER A LI This ordinance is effec-
MONTHS OF MEETINGS) tive JANUARY 1,2009.
ON JULY,22,.2008, THE( - CITY OF,
AD-HOC COMMITTEE AP-I HUNTINGTON BEACH
Executed on September 11 , 2008 PROVED RECOMMENDA- 2000 MAIN STREET.
TIDNS WHICH INCLUDE;l HUNTINGTON BEACH,
at Huntington Beach, California BUT ARE NOT'LIMITED CA92648
TO: 714-536-5227
.1. SPECIFIC DISTRICT JOAN L.,FLYNN,
APPROACH - FOR •THE CITY CLERK
DOWNTOWN ONLY. i Published Huntington,
- 2. NEWSRACK LOCH-;, Beach Independent Sep.-
�TIONS DETERMINED BYE (ember 11,2008
'WORKGROUP._ 0921955_
Sign ure
Council/Agency Meeting Held: S&F jor
Deferred/Continued to: Lai �LAor
p roved ❑ Conditionally Approved ❑ Denied kkZW 9 tldrkXSigna6dre
Council Meeting Date: 8/18/2008 Department ID Number: ED 08-33
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB
SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR
Y� 1l
PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECON MI
DEVELOPMENT
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ADOPTING NEWSRACK LOCATIONS AND
APPROVE PROPOSED NEWSRACK ORDINANCE FOR THE
DOWNTOWN
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
-Statement of Issue: Adopt a Resolution of the City Council of the City of Huntington Beach
adopting newsrack'locations in the downtown, and approve amended Newsrack Ordinance
Chapter 12.37 in the Huntington Beach Municipal Code.
Funding Source: Not applicable.
Recommended Action: Motion to:
(1) Approve Resolution No. 2008-52 A Resolution of the City Council of the City of
Huntington Beach designating the number and location of newsracks in the Downtown
Specific Plan Boundary.
(2) Approve the proposed amendment to Newsrack Ordinance Chapter 12.37 of the
Huntington Beach Municipal Code. �,pq �eE �� . .3-p/,3
Alternative Action(s):
Do not approve Resolution or proposed amendment to the existing Newsrack Ordinance.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/18/2008 DEPARTMENT ID NUMBER: ED 08-33
Analysis: On August 20, 2007, City Council directed.staff to form a committee to review
newsracks, temporary outdoor sales, and handbill distribution in the downtown. An ad-hoc
committee was formed and consisted of three-City Council Members, city staff, newspaper
distributors, downtown business representatives, one Design Review Board (DRB) member,
and one Planning Commissioner. Three separate workgroups were formed to evaluate each
subject matter. The Ad-hoc ,Committee recommendations and analysis of handbills and
Temporary Use Permits were approved by City Council on July 21, 2008.
The newsrack workgroup consisted of city staff, downtown business representatives, one
Planning Commissioner, newspaper vendors, and one Design Review Board (DRB) Member.
'Newspaper vendors included, but not limited to, LA Times, HB Independent, USA Today, OC
Register, and OC Voice. The workgroup's primary objectives were to reduce blight in the
downtown, minimize public hazards, and enhance aesthetics of the public right of way. All
new vendors have received notice of the City Council Meeting, recommendations, and
location changes of newsracks in the downtown.
The workgroup met several. times and provided recommendations to reduce blight of
newsracks for the Ad-hoc Committee's review. It was determined that much of the issue
downtown was the lack of enforcement of non-permitted newsracks, and newsracks that
were not in compliance. As a result, more than 40 newsracks were removed in the
downtown by Planning Department/Code Enforcement. Additionally, on April 9, 2008,
Caltrans authorized the City to implement and enforce its Newsrack Ordinance, Chapter
12.37, on Pacific Coast Highway.
Staff reviewed various newsrack ordinances and practices of various cities nationwide.
Initially, staff looked at modular stacked units to be purchased by the Agency/City at
approximately $65,000, not including costs for installation and maintenance. Results from
research indicate that several legal issues have arisen from shared newsrack infrastructure
in many cities. The multiple, stacked units are aesthetically pleasing, but as a shared
,resource, could cause an array of legal and maintenance issues as experienced in several
other jurisdictions. The workgroup discussed potential hazards from shared trays and a
multiple pedestal in the event a newspaper distributor removes a newsrack from a location,
leaving an empty hole with the tray still standing in the public right of way. The workgroup
compromised on a single newsrack, single tray and pedestal to avoid maintenance and
minimize legal challenges.
The Ad-hoc Committee directed the newsrack workgroup to review current locations,
..reassess and select new locations. Staff worked with RRM Design Group, 'Downtown
Specific 'Plan Consultant to establish locations. Selected locations were based on type of
use, demand, and physical location.. The newsrack workgroup, -including participating
newspaper vendors and staff, reviewed locations and made modifications.
The newsrack workgroup also analyzed the grouping of newsracks. In the current newsrack
ordinance there should be a maximum of eight units in a row. The workgroup decided there
should be no more than four newsracks in a row, with a three foot space in-between and no
-2- 8/6/2008 10:47 AM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/18/2008 DEPARTMENT ID NUMBER: ED 08-33
more than eight (two groups of four newsrack boxes) in a specific area as noted in the
proposed Resolution. The number of newsracks is determined by the maximum number of
boxes that can physically fit in a designated location, regardless of what the existing or future
demand may be.
After several months of meetings, on July 22, 2008, the Ad-hoc Committee approved
recommendations (Attachment 1) which include, but are not limited to:
• Specific District Approach —for the downtown only
• Newsrack locations determined by workgroup (Attachment 2 and exhibits)
• A permit fee based on city-wide fee study anticipated to be completed in the fall.
This permit fee is required to offset enforcement costs.
• Uniform newsracks and color, single tray and pedestal (using K-Jack Mini-view 100
or similar)
• No more than four units in a row, and no more than eight in a specific location as
noted in Attachment 2)
• Branding language for display window and advertising rack cards
The proposed ordinance would not change the operations of newspaper vendors as they
currently purchase, install and maintain each newsrack.
If City Council approves the Ad-hoc Committee's recommendations, future locations will be
subjected to the proposed ordinance, resolutions and recommended standards. The Ad-hoc
Committee anticipates new locations may become in demand due to a change in land use or
in the event a new development opens like The Strand. The new ordinance will take effect
on January 1, 2009.
Strategic Plan Goal:
L-4 Create an environment that promotes tourism to increase revenues to support
community services and transform the City's economy into a destination economy.
Environmental Status:
The proposed project is exempt from the provisions of the California Environmental Quality
Act (CEQA), pursuant to Section 15305, Class 5 of the CEQA, because the project
represents a minor alteration in land use limitations which do not result in any changes in
land use or density.
Attachment(s):
City Clerk's
Page Number No. Description
1. Ad-hoc Committee Newsrack Recommendations
-3- 8/6/2008 10:47 AM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/18/2008 DEPARTMENT ID NUMBER: ED 08-33
2. Resolution No. 2008-52A Resolution of the City Council of the
City of Huntington Beach designating the number and location of
newsracks in the Downtown Specific Plan Boundary
3. Ordinance No. 3813 An Ordinance of the City of Huntington
Beach amending Chapter 12.37 of the Huntington Beach
Municipal Code relatin to newsracks
4. Legislative Draft Chapter 12.37
-4- 8/6/2008 10:47 AM
(Approved, 7-0)
28. (City Council) Adopt Resolution No. 2008-53 Accepting Grant Funds in the
Amount of$100,000 from the State of California Department of Alcoholic
Beverage Control (ABC) for Enforcement of State Laws Regulating the
Sales of Alcohol, and Authorize the Mayor to Execute the Grant
Assistance Program Standard Agreement#08G-LA36.
Recommended Action:
a) Approve and authorize the Mayor to execute the State of California,
Department of Alcoholic Beverage Control Grant Assistance Program
Standard Agreement#08G-LA36; and
b) Adopt Resolution No. 2008-53, "A Resolution of the City Council of the
City of Huntington Beach Accepting Grant Funds from the State of
California Department of Alcoholic Beverage Control and Authorizing
Execution of the Grant Agreement."
(Approved, 7-0)
ORDINANCES FOR INTRODUCTION
29. (City Council) Approve for Introduction Ordinance No. 3812, Amending
Chapter 8.17 of the Huntington Beach Municipal Code (HBMC) by Adding
Language Specific to Flood Control/Drainage Channel Obstructions,
Nuisances Declared, and Removal - Notice to Owner.
Recommended Action:
After City Clerk reads by title, Approve for Introduction Ordinance No. 3812, "An
Ordinance of the City of Huntington Beach Amending Chapter 8.17 of the
Huntington Beach Municipal Code Relating to Public Rights-of-Way.
(Approved, 7-0)
30. (City Council) Approve for Introduction Ordinance No. 3813 Amending
Chapter 12.37 of the Huntington Beach Municipal Code (HBMC) Relating to
Newsracks in the Downtown Specific Plan Boundary Effective January 1,
2009, and Adopt Resolution No. 2008-52 Designating the Number and
Location of Newsracks in the Downtown Specific Plan Boundary.
Recommended Action:
a) Adopt Resolution No. 2008-52, "A Resolution of the City Council of the
City of Huntington Beach Designating the Number and Location of
Newsracks in the Downtown Specific Plan Boundary;" and
b) After City Clerk reads by title, Approve for Introduction Ordinance No.
3813, "An Ordinance of the City of Huntington Beach Amending Chapter
12.37 of the Huntington Beach Municipal Code Relating to Newsracks."
(Approved as amended to include Recommended Actions c) direct ad hoc
committee to continue study on newsracks citywide and bring back
recommendations; and d) approve A-frame model of proposed newsracks, 7-0)
Action Agenda—Monday, August 18, 2008 Page 10 of 11
Page 1 of 1
Esparza, Patty
From: McGrath, Jennifer
Sent: Tuesday, September 02, 2008 5:09 PM
To: Esparza, Patty
Cc: Lugar, Robin
Subject: Re: Newsracks Ordinance
Follow Up Flag: Follow up
Flag Status: Red
The ordinance as presented to Council included the triangular tops.
From: Esparza, Patty
To: McGrath, Jennifer
Cc: Lugar, Robin
Sent: Fri Aug 22 09:53:48 2008
Subject: Newsracks Ordinance
Hi Jennifer—Are we going to get an amended ordinance reflecting the A-frame model for newsracks? Thanks.
Patty Esparza, CMC
Senior Deputy City Clerk
City of Huntington Beach
714-536-5260
9/3/2008
ATTACHMENT # 1
0 CITY OF HUNTINGTON BEACH
Downtown Ad-hoc Committee
® Newsrack Recommendations
DATE: August 18, 2008
SUBJECT: NEWSRACKS IN THE DOWTOWN
On July 22, the Downtown Ad-hoc Committee approved the recommendations below that will
be submitted to City Council for approval on August 18, 2008. The proposed changes will .
require a modification to the Newsrack Ordinance, and a Resolution designating newsrack
locations in the downtown.
Recommendations:
1. Specific District Approach
2. Potential net increase of 23 additional newsracks in the downtown (85 total)
3. Charge a nominal permit fee to distributors to offset enforcement costs
4. Fee charge determined upon the completion of the City-Wide fee study, anticipated
completion in late Fall 2008
5. Permit renewed on an annual basis
6. Priority to grandfather in newsrack permit holders in existing locations and those given
priority by ordinance
7.. Newsrack locations depicted in proposed Resolution
8. Emphasize current enforcement on the maximum number of newsracks in a row and
distance between
9. There shall be no more than four units in a row, and no more than a total of 8 in one
specific area.
10.There must be 3' space between newsracks with more than four units
11. Recommended newsrack model is a K-Jack 100 Mini-View or similar
12. Single newsrack with tray option with one pedestal recommended the pedestal base
must be 16 inches in height, 3 inches square on 10 inch square plate mount. Mounts
must be bolted in place by"drop in anchor" non-flanged, anchor diameter 1/2 Inch, tread size
3/8-16, thread depth 1/2 Inch, minimum embedment 1 5/8 Inches.,
13.Box should not exceed— 30 inches in height, 26 %2 - 27 inches in width and 17 5/8 — 18
inches in depth (single deck only)
1.4. Branding Language
a. "No newsrack shall be used for advertising signs or publicity purposes other than
to state the name of the newspaper or news periodical sold therein on the
display window only of the newsrack."
b. "Advertising rack cards contained in card pans which are attached to and located
on the front of the newsrack and do not exceed fifteen (15) inches in height and
twenty-two (22) inches in length. The rack cards shall be limited to the display,
sale or purchase of the newspaper or periodical being dispensed."
15. Slanted/Triangular Top 4 3/4" high and 14" depth
` 16. RAL Color#6006 exterior powder coating for newsrack (including slanted top, box, tray,
pedestal and pedestal base)
17. April 9, 2008, Caltrans granted City authorization to implement and enforce newsrack
ordinance on Pacific Coast Highway
18. Shall City Council approve, ordinance will be take effect in January 1, 2009
_2_
ATTACHMENT #2
RESOLUTION NO. 2008-52
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUN'TINGTON BEACH DESIGNATING THE
NUMBER AND LOCATION OF NEWSRACKS IN THE
DOWNTOWN SPECIFIC PLAN BOUNDARY
WHEREAS, the City of Huntington Beach desires to have specified numbers and
locations of newsracks in the Downtown Area to eliminate clutter, improve and enhance
the aesthetics of the public right-of-way, and promote the public health, welfare and
safety; and
The Downtown Ad-Hoc Committee has met and conferred with Downtown
business owners and newspaper groups in several public meetings to determine an
appropriate number and location of newsracks in the Downtown Specific Plan Boundary;
and
The public meetings have resulted in a net increase of twenty-three (23) newsracks
available,
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby resolve as follows:
The City of Huntington Beach hereby designates the following number and
locations of newsracks in the Downtown Specific Plan Boundary:
i
(1) Four newsracks on the east side of Main Street, north of Sixth Street at or
near 526 Main Street, as depicted in the attached photograph, Exhibit A:
(2) Four newsracks on the north side of Sixth Street, east of Main Street at or
near 520 Main Street, as depicted in the attached photograph, Exhibit B.
(3) Eight newsracks on the south side of Orange Avenue, east of Main Street at
or near 328 Main Street, as depicted in the attached photograph, Exhibit C.
(4) Eight newsracks on the north side of Olive Avenue, east of Main Street at
or near 316 Olive Street, as depicted in the attached photograph, Exhibit D.
(5) Four newsracks on the west side of Main Street, south of Olive Avenue at
or near 221 Main Street, five newsracks on the west side of Main Street, south of Olive
Avenue at or near 217 Main Street, and four newsracks on the east side of Main Street, i
south of Olive Avenue, at or near 200 Main Street, as depicted in the attached photograph,
Exhibit E.
08-1758/25152 1
Resolution No. 2008-52
(6) Four newsracks on the south side of Walnut Avenue, east of Main Street at
or near 126 Main Street, and eight newsracks on the north side of Walnut Avenue, west of
Main Street at or near 201 Main Street, as depicted in the attached photograph, Exhibit F.
(7) Four newsracks on the east side of Main Street, north of Pacific Coast
Highway, at or near 300 Pacific Coast Highway, as depicted in the attached photograph,
Exhibit G.
(8) Four newsracks on the north side of Olive Street, east of Fifth Street at or
near 350 Fifth Street, as depicted in the attached photograph, Exhibit H.
(9) Four newsracks on the east side of Fifth Street, between Walnut Avenue
and Olive Avenue at or near 212 Fifth Street, as depicted in the attached photograph,
Exhibit I.
(10) Four newsracks on the west side of Sixth Street, north of Pacific Coast
Highway at or near 602 Pacific Coast Highway, as depicted in the attached photograph,
Exhibit J.
(11) Eight newsracks on the north side of Pacific Coast Highway, west of Main
Street at or near 101 Main Street, as depicted in the attached photograph, Exhibit K.
(12) Eight newsracks on the north side of Pacific Coast Highway, west of First
Street at or near 110 Pacific Coast Highway, as depicted in the attached photograph,
Exhibit L.
(13) Four newsracks on the south side of Walnut Avenue, west of Third Street
at or near 300 Pacific Coast Highway, as depicted in the attached photograph, Exhibit M.
The effective date of this resolution shall be January 1, 2009.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 18th of August 2008.
s
I
Mayor
ATTEST: APPROVED AS TO FORM:
9 �
i
City Clerk City Attorney
REVIE ND PPROVED: INITIATED AND APP VED:
City Admi strator Director o conomic Development
2
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Res. No. 2008-52
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected', qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City.Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven- that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority.of all the.members of said City Council
at a regular meeting thereof held on August 18, 2008 by the following vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
,
C. Clerk and ex-offici leek of the
City Council of the City of
Huntington Beach, California
ATTACHMENT #3
ORDINANCE NO. 3813
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 12.37 OF THE HUNTINGTON BEACH
MUNICIPAL CODE RELATING TO NEWSRACKS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 12.37.045 of the Huntington Beach Municipal Code is hereby added
to read as follows: .
12.37.045 DOWNTOWN NIEWSRACKS
(a) In addition to all'other requirements of this chapter,the.following regulations
shall also apply to all newsracks in the Downtown Specific Plan Boundary as
described and defined in the Zoning and Subdivision Ordinance.
(b) The City Council may from time to time adopt a resolution designating the
number and locations of newsracks in the Downtown Specific Plan
Boundary.
(c) Any newsracks in the Downtown Specific Plan Boundary shall, in addition to
all other requirements of this chapter, comply with the following:
(1) Newsracks shall only be at the locations and in the numbers
specified by resolution of the City Council.
(2) There shall be no more than four newsracks in a row and no
more than a total of eight in one designated location. There
shall be a three-foot distance between newsrack locations with
more than four newsracks.
(3) All newsracks shall be a single metal pedestal newsrack with
tray, Model K-Jack 100 Mini-view or similar type, with a
triangular top, four and three-fourths (4 3/4) inches high and
fourteen(14) inches deep. .
(4) All newsracks including the triangular top, newsrack, tray,
pedestal and pedestal base shall use.the RAL 6006 Code color
exterior powder coating.
(5) The single metal pedestal base shall be sixteen(16) inches in
height with a three (3) inch square post and a ten(10) inch
square plate mount. Mounts shall be bolted in place on the
sidewalk using half-inch metal drop-in anchor bolts.
08-1758.001/25156 1
Ordinance No. 3813
(6) Newsracks shall not exceed thirty(30) inches in height,
twenty-seven (27) inches in width, and eighteen(18) inches in
depth(single deck only).
(7) Newsracks shall carry no advertising except the name of the
newspaper or periodical being dispensed on the bottom of the
plastic hood and racks cards contained in card pans, which are
attached to and located on the front of the newsrack, shall be
limited to fifteen(15) inches in height and twenty-two (22)
inches in length and shall be limited to the display, sale or
purchase of the newspaper or periodical being dispensed.
(8) Pay the annual permit fee as determined by resolution of the
City Council. Permit to be renewed on an annual basis.
(9) First priority will be given to current newsrack permit holders
in existing locations and then priority will be given in
accordance with the provisions of this chapter.
SECTION 2. Section 12.37.080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
12.37.080 Newsrack Violations: Penalty.
A violation of any of the sections of this chapter is an infraction and shall be
punished by a fine not exceeding one hundred dollars ($100) for the first offense, a
fine not exceeding two hundred dollars ($200) for the second offense, and a fine not
exceeding five hundred dollars ($500) for each additional offense within one year.
SECTION 3. The effective date of this ordinance shall be January 1, 2009.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 2nd date of September , 2008.
9
Mayor
ATTEST: INITIATED AND APPROVED:
s
City Clerk Director of E ' omic Development
REVIEWED�A D APPROVED:
17 APPROVED AS TO FORM:
'City Admi is ator eLf 1 D 5
City Attorney
08-1758-001/25156 2
Ord. No: 3813
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss;
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN,,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach,is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on August 18, 2008, and was again read to said City Council at a
.regular meeting thereof held on September2,2008, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
1,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley.
Independent on September 11,2008.
In accordance with the City Charter of said City
Joan L. Flynn City Clerk__ ____._. C , G:lerk anr,Px-officio. erk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTAC H M E N T
#4
KEY
INSERTIONS: Double underline
DELETIONS l -
ORDINANCE NO. 3813
LEGISLATIVE DRAFT
Huntington Beach Municipal Code 12.37.010--12.37.030(a)
Chapter 12.37
Newsracks
(3015-9/89)
Sections:
12.37.010 Definitions
12.37.020 Prohibition
12.37.030 Registration
12.37.040 Standards
12 37 045 DOWNTOWN NEWSRACKS
12.37.050 Identification
12.37.060 Violations
12.37.070 Applications
12.37.080 Infraction
12.37.090 Hold Harmless
12.37.100 Insurance
12.37.010 Definitions. Definitions as used in this section:
(a) "Newsracks" shall mean any self-service or coin-operated box, container, storage unit or
other dispenser installed, used, or maintained for the display and sale of newspapers or new
periodicals. (3015-9/89)
(b) "-Street" shall mean all that area dedicated to public use for public street purposes and shall
include, but not be limited to, roadways, parkways, alleys and sidewalks. (3015-9/89)
(c) "Roadway" shall mean that portion of a street improved, designed, or ordinarily used for
vehicular travel. (3015-9/89)
(d) "Parkway" shall mean that area between the sidewalks and the curb of any street, and where
there is no sidewalk, that area between the edge of the roadway and the property line adjacent
thereto. Parkway shall also include any area within a roadway which is not open to vehicular
travel. (3015-9/89)
(e) "Sidewalk" shall mean any surface provided for the primary use of pedestrians. (3015-9/89) -
12.37.020 Prohibitions.
(a) No person shall install, use or maintain any newsrack or other structure which projects onto,
into or over any part'of the roadway of any public street, or which rests, wholly or in part,
upon, along or over any portion of the roadway of any public street. (3015-9/89)
(b) No person shall install,use or maintain any newsrack which in whole or in part rests upon, in
or over any public sidewalk or parkway, when such installation, use or maintenance
endangers the safety of persons or property, or when such site or location is used for public
utility purposes,public transportation purposes or other governmental use, or when such
newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic,
including any legally parked or stopped vehicle, the ingress into or egress from any residence
25155 1
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DELETIONS &ilk
or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or
other objects permitted at or near said location, or when such newsrack interferes with the
cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery. (3015-9189)
12.37.030 Re2istratiori of location.
(a) No person shall install or maintain any newsrack which in whole or in part rests upon, in or
over any public sidewalk or parkway without first obtaining a permit from the Director of
Public Works or his designated representative after providing the following: (3015-9/89)
(1) The location of each newsrack to be installed or maintained in the City by the application;
and (3015-9/89)
(2) The name; address and telephone number of the applicant. (3015-9/89)
(b) No more than one notification shall be required per applicant, regardless of the number of
newsracks the applicant maintains in the City. (3015-9/89)
(c) From the above information the Director of Public Works or his designated representative
shall designate locations and shall be guided therein solely by the standards and criteria set
forth in Section 12.37.040 hereof. Such application may be granted either in whole or in part
when more than one location is proposed by the applicant, and in any event, when denial is
solely as to location, it shall be without prejudice to amend such application to state a
different location or locations. (3015-9/89)
12.37.040 Standards for installation,maintenance and operation. Any newsrack which in
whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the
following standards: (3015-9/89)
(a) No newsrack shall exceed forty-eight(48) inches in height, thirty (30) inches in width, or two
feet in thickness. (3015-9/89)
(b)-All newsracks will be bolted to the sidewalk per City approval. (3015-9/89)
(c) Newsracks shall only be placed pursuant to approval by the Director of Public Works or his
designated representative near a curb or adjacent to the wall of a building. Newsracks placed
near the curb shall be placed no less than eighteen (18) inches nor more than twenty-four (24)
inches from the edge of the curb. Newsracks placed adjacent to the wall of a building shall
be placed parallel to such wall and not more than six inches from the wall. No newsrack
shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another
newsrack. (3015-9/89)
(d) No newsrack shall be chained, or otherwise attached to any property not owned by the owner
of the newsrack or to any permanently fixed object. (3015-9/89)
(e) No newsrack wall be chained, or otherwise attached to one another; however,no more than
three newsracks may be joined together in this manner, and a space of no less than eighteen
(18) inches shall separate each group of three newsracks so attached. (3015-9/89)
(f) Notwithstanding the provisions of subsection (b) of Section 12.37.020, no newsrack shall be
placed, installed, used or maintained: (3015-9/89)
r
(1) Within five (5) feet of any marked crosswalk; (3015-9/89)
25155 2
KEY
INSERTIONS: Double underline
DELETIONS �r
(2),Within fifteen(15) feet of the curb return of any unmarked crosswalk; (3015-9/89)
(3) Within five (5) feet of any fire hydrant, fire call box, police call box or other emergency
facility;. (3015-9/89)
(4) Within five (5) feet of any driveway; (3015-9/89)
(5) Within five(5) feet ahead of, and twenty-five (25) feet to the rear of any sign marking a
designated bus stop; (3015-9/89)
(6) Within six (6) feet of any bus bench; (3015-9/89)
(7) At any location whereby the clear space for the passageway of pedestrians is impeded;
(3015-9/89)"
(8) Within fifty(50) feet of any other newsrack containing the same publication. (3015-9/89) %
(g) No newsrack shall be used for advertising signs or publicity purposes other than that dealing
with the display, sale or purchase of the newspaper or news periodical sold therein. (3015-9/89)
(h) Each newsrack shall,be maintained in a clean,.neat and attractive condition and in good repair ,
at all time. (3015-9/89)
(i) No more than-eight (8) newsracks shall be located on any public right-of-way within a space
of two hundred (200) feet in any direction within the same block of the same street; provided,
however,that no more than sixteen (16) newsracks shall be allowed on any one (1)block. As
used herein,- "block" shall mean both sides of a street between two (2) consecutive
intersecting streets. (3015-9/89)
In determining which newsracks shall be permitted to remain, the Director of Public Works,
or his designated representative, shall be guided solely by the following criteria: (3015-9/89)
(1) First priority shall be given to newsracks used for the sale of publications which have
been adjudicated to be newspapers of general circulation for Orange County, pursuant to
the procedure set forth in Division 7, Article 21 of the California Government Code.
(3015-9/89)
(2) Second priority shall be given to newsracks used for the sale of daily publications (those
published on five [5] or more days in a calendar week) which have not been adjudicated
to be newspapers of general circulation for Orange County. (3015-9/89)
(3) Third priority shall be given to newsracks used for the sale of weekly publications (those
published on at least one but less than five [5] days in a calendar week) which have not
been adjudicated to be newspapers of general circulation for Orange County. (3015-9/89)
In the event that there is a conflict between newspapers within the same priority seeking the
same location, and there are insufficient newsrack spaces remaining to accommodate the
conflicting newspapers after first filling as many spaces as possible by utilizing the criteria
set forth above, then the Director of Public Works or his designated representative shall
assign the space or spaces at random by placing the names of all applicants for the remaining
spaces at a location into a container from which the names shall be drawn, one at a time until
the particular locations remaining number of unfilled newsracks has been filled. Such
25155 3
KEY
INSERTIONS: Double underline
y ryDELETIONS Stf
drawing shall be open to the public at a time and date designated by the Director of Public
Works or his designated representative. (3015-9/89)
(j) No person shall display or exhibit in any public newsrack or other display device, any
material which is defined by California Penal Code Section 313 as harmful to minors unless
such material is: (3015-9/89)
(1) displayed in an area from which minors are excluded and, (3015-9/89)
(2) is covered by a device, commonly known as a "blinder rack", such that the lower two
thirds (2/3) of the material is not exposed to view. (3015-9/89)
(k) No person,shall display or exhibit in any public newsrack or other display device, other than
in locations from which minors are excluded, material which exposes or exhibits to public
view, any depiction of human:genitalia,the pubic, or anal region, or the breast of a female
person other than a child under the age of puberty, or any description,pictorial or otherwise,
of explicit sexual acts, sexual organs or excrement where such depiction or description has as
its purpose or effect sexual arousal or affront. (3015-9/89)
12 37 045 DOWNTOWN NEWS1tACKS
(a) In addition to all other reauirements of this chanter,the following regulations shall also
apply to all newsracks in the Downtown Specific Plan Boundary as described and defined
in the Zoning and Subdivision Ordinance.
(b) The City Council may from time to time adopt a resolution designating the number and
locations of newsracks in the Downtown Specific Plan Boundary.
(c) Any newsracks in the Downtown Specific Plan Boundary shall. in addition to all other
requirements of this chapter, comply with the following:
(1) Newsracks shall only be at the locations and in the numbers
specified by resolution of the City Council.
i
(2) There shall-be no more than four newsracks in a row and no more
"than a total of eight in one designated location. There shall be a three-foot
distance between newsrack locations with more than four newsracks
(3) All newsracks shall be.a single metal pedestal newsrack with tray
Model K-Jack 100 Mini-view or similar We, with a triangular ton four
and three-fourths (4 3/4) inches high and fourteen (14) inches deep
(41 All newsracks including the triangular top newsrack tray pedestal
and pedestal base shall use the RAL 6006 Code color exterior powder
coating
j
(5) The single metal pedestal base shall be sixteen(16) inches in
j
height with a three (3) inch square post and a ten (10) inch square plate
i
2515E 4
KEY
INSERTIONS: Double underline
DELETIONS
mount. Mounts shall be bolted in place on the sidewalk using half-inch
metal drop-in anchor bolts.
(6) Newsracks shall not exceed thirty (30) inches in height,twenty-
seven(27) inches in width, and eighteen(18) inches in depth (single deck
onl .
(7) Newsracks shall carry no advertising except the name of the
newspaper or periodical being dispensed on the bottom of the plastic hood
and racks cards contained in card pans, which are attached to and located
on the front of the newsrack, shall be limited to fifteen(15) inches in
height and twenty-two (22) inches in length and shall be limited to the
display, sale or purchase of the newspaper or periodical being dispensed.
(8) Pay the annual permit fee as determined by resolution of the Citv
Council. Permit to be renewed on an annual basis.
(9) First priority will be given to current newsrack permit holders in
existing locations and then priority will be given in accordance with-the
provisions of this chapter.
12.37.050 Newsracks identification required. Within thirty(30) days after this article
becomes effective, every person or other entity which places'or maintains a newsrack on the
streets of the City of Huntington Beach shall have his or its name, address and telephone number
affixed thereto in a place where such information maybe easily seen. Prior to the designation of
a location by the Director of Public works or his designated representative, the applicant shall
present evidence of compliance with this section. (3015-9/89)
12.37.060 Newsrack violations.
(a) Any newsrack installed,used or maintained in violation of the provisions of this article shall
be tagged with a "notice.of violation" stating the violation, date of tagging, notice of intention
to remove the newsrack if the violation is not corrected within ten (10) days, and procedure
for obtaining a hearing before the Director of Public Works or his designated representative,
if desired. (3015-9/89) 9
(b) Notwithstanding subsection(a), in the case of violations of this article relative to restrictions
upon attachments of newsracks to property other than that.owned by the owner of the
newsrack, to fixed objects, or to'each other, and upon location of newsracks, the Director of
Public Works or his designated representative may, as an alternative to tagging such
newsrack, move,_align, remove such attachment, or otherwise move such rack or racks in
order to restore them to a legal condition. (3015-9/89)
(c) Any newsrack which has been tagged and remains in violation of the provisions stated on the
tag past the ten-day (10) correction period, and no hearing has been requested, said newsrack
shall be removed by the Director of Public Works or his designated representative and stored
in any convenient place. The Director of Public Works or his designated representative shall
notify.the owner thereof by mailing a "notice of removal" to the last known address of the
owner. Such notice shall state the date the newsrack was removed, the reasons therefore,the
location and procedure for claiming the newsrack, and the procedure for obtaining a post-
25155 5
i
KEY
INSERTIONS: Double underline
DELETIONS SWik .,-
removal hearing before the Director of Public Works or his designated representative, if
desired. Any such newsrack removed and stored pursuant to these provisions shall be
released to the owner thereof if claimed within forty-five (45) days after such removal and
upon the payment of reasonable charges of removal and storage therefor. Upon failure of the
owner to claim such newsrack and pay the reasonable charges within forty-five (45) days
after the mailing of written notice of removal, such newsrack shall be deemed to be
unclaimed property in possession of the Department of Public Works and may be disposed of
pursuant to the provisions of this code. (3015-9/89)
(d) Any newsrack in violation of the provisions of this article, which violation creates an
immediate danger to the health, safety or welfare of the public, which violation cannot be
corrected my moving or otherwise reposition of the newsrack, said newsrack may be
summarily removed and stored in a convenient location so as to eliminate the danger to the
health, safety and welfare of the public. The Director of Public Works or his designated
representative shall notify the owner thereof by mailing a "notice of removal" to the last
known address of the owner. Such notice shall state the date the newsrack was removed,the
reasons therefor, the location and procedure for claiming the newsrack, and the procedure for
obtaining a post-removal hearing before the Director of Public Works or his designated
representative, if desired. Any such newsrack removed and stored pursuant.to this subsection
shall be released to the owner thereof if claimed within forty-five (45) days after the mailing
of written notice of removal and upon the payment of reasonable charges of removal and
storage. (3015-9/89)
12.37.070 Same, applicability. The provisions of this article shall apply to all newsracks,
whether installed and maintained prior to or after the effective date of any of the provisions
herein. Those newsracks installed prior to the effective date of any provision enacted hereunder
shall be brought into compliance with said provisions within thirty(30) days of the effective date
thereof. (3015-9/89)
Any newsrack not brought into compliance within the aforementioned time period shall be
deemed to be in violation of this article. (3015-9/89)
12.37.080 Newsrack violations: infraction. Any uct whieh is pfahibited of deelared unlawful or-the
doing of any aet"ieh is r-equir-ed, of the failtffe to do any aet vvhieh is deelafed to be ,
shall be
A violation of any of the sections of this chanter is an infraction and shall be
punished by a fine not exceeding one hundred dollars ($100) for the first offense, a fine not exceeding
two hundred dollars ($200) for the second offense, and a fine not exceeding five hundred dollars ($5001
for each additional offense within one year.
12.37.090 Hold harmless. Every person or other entity which places or maintains a newsrack
on a public sidewalk or parkway in the City of Huntington BEach shall file a written statement
with the Director of Public Works or his designated representative which complies with the
current City policy, rules and/or regulations on Hold Harmless clauses. (3015-9/89)
12.37.100 Insurance. The City requires every person or other entity which places or maintains
a newsrack on a public sidewalk or parkway in the City of Huntington Beach to provide
insurance as required by current City policy, rule and/or regulations. (3015-9/89)
i
25155 6
i
ATTACHMENT 5
Huntington Beach
Downtown N ewsracks
August 18, 2008
City Council Meeting
3 �y .
Ad-Hoc Committee
♦ H Item from City Council to review
outdoor retail sales, newsracks, and
handbills
* Ad-hoc committee formed :
-Three City Council Members
- One Planning Commissioner
- One Design Review Board Member
- Downtown Business Representatives
- City Staff
1
Objectives
♦ Reduce visual blight of newsracks
♦ Produce business friendly solutions
♦ Minimize hazards
t
f r
P '
z;;.a..d „,.'.... 'z ,v/ii,,..,: ,,,.,,..w as ,..,,m;,. .h',✓a „_3 ,,... ....
0
d
f�
Ad-Hoc Committee
♦ Researched other jurisdictions
♦ Reviewed various newsrack options
♦ Emphasized enforcement of current
ordinance - 40+ removed
♦ Newsrack Workgroup reached
consensus
* Ad-Hoc Committee approved
newsrack recommendations on July
22
2
Ad-hoc Committee Newsrack Standards
♦ Specific District Approach
♦ Single newsracks with tray option
with one pedestal
♦ Recommended newsrack model is a
K-Jack 100 Mini View or similar
♦ Must use ""drop in anchor" bolts to
minimize hazards
♦ Uniform Color - RAL Code #6006
EE t .
3
K-Jack Mini-View loo
e
e
1 T a
k eilhn,;;nib. -
a
aF
3
K-Jack Mini-View 100
k
t
f
S
a
i
M
3
Triangular Top
NP
The triangular top
eliminates trash,
usually left on top
of a flat surface
r
4
Newsrack Workgroup Recommendation for
Branding Language
♦ Language modeled after the Cities of
Newport Beach & Laguna Beach
♦ Display Windows
♦ Advertising rack cards
- shall be limited to the display, sale or
purchase of the newspaper or periodical
being dispensed
i
Y
3;
Z £
Preventative and Anti-Graffiti Products
♦ Plexus - preventive spray
- waxy sheen
- intended plastic and metal products
♦ Anti-graffiti spray
- removes sticker residue without
damaging paint
♦ Nominal Fee
- $10.95 per bottle
ai1 3 Q
5
Ad-Hoc Committee
Implementation Recommendations
♦ Charge a permit fee to distributors
to offset enforcement costs
♦ Fee charge determined upon the
completion of the City-Wide fee
study
♦ Permit renewed on an annual
basis
♦ Emphasize enforcement
u
I
Newsrack Locations and Logistics
♦ Net increase of 23 newsrack units
- Currently 62 newsracks within the downtown area
- Proposed newsrack layout will include 85 racks
throughout the downtown area
♦ There shall be no more that four units in a row, and
no more than a total of 8 in one specific area
♦ In the proposed Resolution, each location will be
specified by intersection and physical orientation
♦ There must be 3' space between newsracks with
more than four units
M"
6
Timeline
♦ City Council Meeting - August 18
- Adopt Resolution
- Approve Ordinance
♦ 30 Days - Second reading of the
Ordinance
♦ Should City Council approve, proposed
newsrack ordinance will take effect on
January 1, 2009
- Newspapers vendors notification
- Priority to grandfather in newsrack permit
holders in existing locations and those given
priority by ordinance
01
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development
SUBJECT: Downtown Newsrack Recommendations
COUNCIL MEETING DATE: August 18, 2008
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable ❑
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached
Not Applicable ❑
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FOR A DED
Administrative Staff ).
Deputy City Administrator Initial ) Cj
. :
City Administrator Initial )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: N. Punongbayan X5183
Page 1 of 1
Esparza, Patty
From: Punongbayan, Nova
Sent: Monday, August 18, 2008 3:01 PM
To: Esparza, Patty
Subject: FW: Updated Anchor Bolt Size
The following is late communication from newspaper vendor. None will want to be in attendance, but this is
representative of their views. Thanks!
From: Marnien, Gerry [mai Ito:Gerry.Marnien@latimes.com]
Sent: Monday, August 18, 2008 2:53 PM
To: Punongbayan, Nova
Cc: jmossler@usatoday.com
Subject: RE: Updated Anchor Bolt Size
Hi Nova,
Unfortunately, I will not be able to attend this evening's city council meeting. Please extend my gratitude and
appreciation to the council and staff for involving and seeking our input regarding the proposed changes to your
current newsrack ordinance. Even though I will not be able to attend I wanted to make sure the council was
aware of my support for these changes as outlined in Stanley Smalewitz's letter dated July 31, 2008. 1 am sure
the council will recognize the hard work by both city staff and the publishers who attended the workshop meetings
and will pass the revisions as outlined in Stanley's letter without any additional changes.
Thanks,
Gerry
Gerry Marnien
Manager
Los Angeles Times/ LA Displays
800-530-0593 ext. 11
gerry.marnien(a)-latimes.com
www.ladisplays.com
-� C 11-2
8/18/2008