HomeMy WebLinkAbout1999-07-13; City Council; 15315; Amend Code On Solicitation Of Materials. .
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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
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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
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“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.”
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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
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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:
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Z&g; NOES:
9 15 a;Ss $;z; 16 ABSENT:
052 E 2 8 3 17 APPROVED AS TO FORM AND LEGALITY
B 18
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19 RONALD R. BALL, City Attorney
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CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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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