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HomeMy WebLinkAbout1999-07-13; City Council; 15315; Amend Code On Solicitation Of Materials. . . 5 I !Ji . z” a 0” a 8 s :: -2 H . . c 0 *- z a r= 2 3 0 CITY OF CARdBAD -AGENDA BILL COI - AB# 1531 5 TITLE- ADDITION OF SECTION 8.28.070 TO THE CARL&BAD MUNICIPAL CODE SPECIFYING LOCATION AND DEPT. HD. MTG. 7/l 3199 CONDITIONS FOR DISTRIBUTION OR SOLICITATION OF MATERIALS ON SIDEWALKS DEPT. Ad Hoc Sub. RECOMMENDED ACTION: Introduce Ordinance No. NS 4 999 allowing the distribution or solicitation of materials on sidewalks adjacent to certain roadkays within Carlsbad as a pilot program. ITEM EXPLANATION: At its meeting of September 22, 1998, the City Council considered a request from the North County Times for an amendment to Carlsbad Municipal Code Chapter 8.28 prohibiting the distribution or solicitation of materials to motor vehicles. At that meeting, the City Council referred the matter to staff for a report and recommendation. That report and recommendation was delivered to the Council at its meeting of March 9, 1999, at which time the Mayor appointed an ad hoc subcommittee of the City Council consisting of Council Members Kulchin and Nygaard to further study the issue and to make a report and recommendation to the full council. That ad hoc subcommittee carefully studied the issue and held meetings with interested parties and presents its report and recommendation to the full City Council for its consideration. The subcommittee recommends as follows: A. Distribution or solicitation of materials should be permitted on sidewalks only adjacent to roadways where the speed limit is 35 miles per hour or less. Those potential locations are shown on the map attached to the proposed ordinance. B. Those locations are further restricted when those roadways intersect with another roadway where the speed limit is in excess of 35 miles per hour. At those locations, this activity is prohibited within 100’ of those intersections. C. No distribution or soliciting of materials is permitted on La Costa Avenue. D. No distribution or soliciting of materials within the commercial visitor serving overlay district. E. No more than one person shall engage in this activity at the quadrant of any intersection where it is permitted. The amendment to the code permitting this activity should be considered a pilot program for a one year period and staff is directed to return with a report and recommendation on the success of the program prior to the expiration of this ordinance so the Council may consider whether or not to extend or amend it. Agenda Bill No. I S. 5 15 Page 2 FISCAL IMPACT: Enactment of this ordinance may increase the amount of police time spent enforcing this activity depending on the number of citations issued in an undetermined amount. ENVIRONMENTAL REVIEW: Enactment of this ordinance is not a project within the meaning of the California Environmental Quality Act and falls within the exception that when an activity can be seen with certainty that no adverse environmental effect will result, preparation of environmental documents are not necessary. EXHIBITS: 1. Ordinance No. NS - Y ci 4 2. Letter to newspaper publishers !2- 1 2 z 4 c . E 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-499 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 8.28 SPECIFYING THE LOCATION AND CONDITIONS FOR DISTRIBUTION OR SOLICITATION OF MATERIALS ON SIDEWALKS. WHEREAS, the City Council, at its meeting of September 28, 1998, considered a request by the North County Times to amend Chapter 8.28 of the Carlsbad Municipal Code to permit the hawking of newspapers under certain circumstances at certain locations; and WHEREAS, the City Council referred the request to staff for a report and recommendation; and WHEREAS, the City Council considered the report and recommendation at its regular meeting of March 9, 1999 and, at that meeting, formed an ad hoc subcommittee of the City Council consisting of Council Members Kulchin and Nygaard to further study and make recommendations; and WHEREAS, the ad hoc subcommittee held a meeting with persons interested in this issue to consider their recommendations; and WHEREAS, the ad hoc subcommittee has completed its study and deliberations and makes its ‘recommendations in the agenda bill associated with this tern, NOW, THEREFORE, the City Council of the City of Carlsbad Code does x-dain as follows: SECTION 1: That section 8.28.070 is added to the Carlsbad Municipal to *cad as follows: 1 2 3 4 5 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 28 “8.28.070 Distribution or solicitation of materials on sidewalks. A. Notwithstanding sections 8.28.050 and 8.28.060, the distribution or soliciting materials to vehicles shall be permitted in the following locations and under the following conditions: 1. On the sidewalks adjacent to those roadways with speed limits of 35 miles per hour or less as shown on Exhibit “A”. 2. That where those roadways intersect another roadway where the speed limit is greater than 35 miles per hour, such activity shall be prohibited within 100 feet of that location. 3. That such activity shall be prohibited within the commercial visitor serving overlay zone as shown on Exhibit “B”. 4. Prohibited anywhere on La Costa Avenue. B. There shall not be more than one person conducting such activity at the quadrant of any intersection specified above. C. This section shall continue in full force and effect for one year from its effective date and shall sunset automatically unless the City Council extends or amends it prior to that time.” l/f I// /It Ill I// Ill /II /if 1 SECTION 2: That Council directs staff to prepare a report and 2 recommendation on the effectiveness of the ordinance prior to its expiration so it may 3 consider whether or not to amend or extend it. 4 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 5 adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to 6 7 be published at least once in a newspaper of general circulation in the City of Carlsbad 8 within fifteen days after its adoption. 9 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad 10 City Council on the day of , 1999, and thereafter 11 PASSED AND ADOPTED at a regular meeting of the City Council of the 12 2 8 City of Carlsbad on the day of , 1999, by the following vote, to wit: mum yz-7 58, 8 13 owg AYES: 2&j, 14 Z&g; NOES: 9 15 a;Ss $;z; 16 ABSENT: 052 E 2 8 3 17 APPROVED AS TO FORM AND LEGALITY B 18 II 19 RONALD R. BALL, City Attorney 20 21 22 23 24 25 26 27 28 CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 3 b I CALAVERA I LEGEND: 35 MPH OR LOWER SPEED LIMTS HAWKER ACTlVlTY PROHIBITED . ...” NO HAWKER ACTMTY \Q PERMTTED W/TH/N 500 FT. OF A FREEWAY OFF RAMP OR ON RAMP NC Section 22520.61 r- PROJECT NAME ROADS WITH SPEED LIMITS 35 MPH OR LESS EXHIBIT A L EXHIBIT “B” COMMERCIAWISITOR-SERVING OVERLAY ZONE .-. zc 99-03 EXHIBIT 2 RONALD R. BALL CITY ATTORNEY CITY OF CARLSBAD D. RICHARD RUDOLF 1200 CARLSBAD VILLAGE DRIVE ASSISTANT CITY ATTORNEY CARLSBAD, CALIFORNIA 92008-l 989 (760) 434-2891 JANE MOBALDI FAX: (760) 434-8367 ASSISTANT CITY ATTORNEY June 30,1999 Ms. Pat Larko Upscale Sales, Inc. P. 0. Box 882545 San Diego, CA 92168 Dick High, Publisher North County Times 207 East Pennsylvania Avenue Escondido, CA 92025 Chris Megison Regional Project Director Alpha Project 933 Postal Way Vista, CA 92083 Mike Manning San Diego Union Tribune P. 0. Box 120191 San Diego, CA 92112-0191 - RE: NEWSPAPER HAWKERS J Mr. Chris James North County Times 207 East Pennsylvania Avenue Escondido, CA 92025 Tony Perry, Bureau Chief San Diego Edition Los Angeles Times 530 B Street Suite 1820 San Diego, CA 92101 Maria Foster, Managing Editor Carlsbad Sun 334 Via Vera Cruz, Suite 200 San Marcos, CA 92069 Dear Ms. Larko and Messrs. High, Megison, James, Perry, Manning and Falduto: The subcommittee appreciates your participation in its meeting of May 28, 1999 in order to assist it in formulating its final recommendations to the full City Council. After careful consideration of your input and other information from staff, its final recommendations to the full City Council as set forth in my letter to you of May 20, 1999 with the following additional recommendations: l No newspaper vending will’be allowed on La Costa Avenue. Although there is a small portion of La Costa Avenue near its intersection with El Camino Real that has a speed limit of less than 35 miles per hour, the subcommittee felt that this location was inappropriate when the street is considered as a whole. EXHIBIT 2 . e No more than one hawker will be allowed on any one quadrant of an intersection. The subcommittee will further recommend to the City Council that staff prepare a report and recommendation prior to the expiration of this ordinance so the Council may consider whether or not to extend or amend it. The subcommittee also considered newspaper vending from the median on Alga Road near its intersection with El Camino Real but the median width at this location is only 48” and the Traffic Engineer has recommended against its inclusion. Similarly, due to sight distance problems and the presence of dual lefi hand turns at many medians, the Traffic Engineer has recommended that sales from medians be prohibited. The subcommittee has adopted that recommendation. Please be reminded that notwithstanding any municipal code ordinances, the California Vehicle Code prohibits any vending within 500 feet of a freeway off ramp or on ramp (Veh.Code s22520.6). This, and other Vehicle Code sections, preempt any municipal code ordinances that may be in effect and must be enforced by the police department as applicable. The subcommittee appreciates your input and careful thought into these important issues. The next step will be the subcommittee’s recommendation to the full Council which has been tentatively scheduled for its meeting of July 13, 1999. In the meantime, should you have any questions regarding this matter, please not hesitate to contact me. Vemly yours, do RONALD R. BALL City Attorney rmh enclosure c: Council Member Kulchin Council Member Nygaard City Manager Chief Vales Traffic Engineer