REPORT TO THE CITY COUNCIL
December 8, 2016
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
BY: DAVID A. CISNEROS, Projects Administrator
Public Works Department, Capital Management Division
SUBJECT
Title
BILL - (For Introduction) - Adding Article 7 to Chapter 13 of the Fresno Municipal Code relating to Publication Dispensing Racks Citywide and in Special Districts. (Citywide)
Body
RECOMMENDATION
It is recommended that the Council introduce the attached ordinance adding Article 7 to Chapter 13 of the Fresno Municipal Code related to Publication Dispensing Racks (Newsracks) in the City of Fresno and set December 8, 2016 for adoption.
EXECUTIVE SUMMARY
The ordinance will establish standards for maintenance, display, size, design, placement and location of Newsracks within the City. Coupled with the new ordinance is a fee schedule, which will be fee neutral, with the sole purpose of reimbursing the City for staff costs associated with administering the new ordinance. The fee schedule will be added to the Master Fee Schedule.
BACKGROUND
Newsracks have been in use within the City for many years. However, the City has never adopted standards governing their use within the public right of way. Recently, it has become apparent that some regulation is necessary to not only control the placement and appearance of Newsracks but also how some material is being displayed.
In November 2014 staff began working with the City Attorney’s Office developing an ordinance to standardize the use, location, and style of newsracks.
The new ordinance balances the right to distribute information through newsracks with the right of persons to reasonable access and use of public property. The public health, safety, welfare, and convenience require that interference with vehicular, bicycle, mobility devices, or pedestrian traffic be avoided as well as visual obstruction of traffic signs. The placement of newsracks should also not interfere with ingress into, or egress from any place of business, public facility or legally parked vehicles.
A person, corporation or other legal entity seeking to place a newsrack within the public right of way will be required to apply for a permit, accompanied by an application fee of $70.00 to the Public Works Director for approval. An acceptable application will also include a site plan illustrating compliance with the City’s requirements for public safety and access. The ordinance will also require Newsrack permits to be renewed annually and includes a process to address abandoned newsracks.
Newsracks placed and maintained on public property absent some reasonable regulation, may unreasonably interfere with the use of both public and private property and may presents hazards to persons and property.
The Ordinance identifies “Special Newsrack Areas”. The Ordinance defines Downtown Fresno as a Special Newsrack Area. The Downtown District is bounded by State Route 99, State Route 41 and State Route 180 which is more commonly known as the Downtown Triangle. Special standards shall apply to newsracks within any Special Newsrack Area. All newsracks within a Special Newsrack Area shall meet the requirements as set forth in the City of Fresno Standard Drawing for Newsracks in Special Districts.
Newsracks placed on private property will not be subject to the proposed ordinance and will not be subject to the proposed fees.
A public meeting hosted by the City of Fresno and the Downtown Fresno Partnership was held on June 10, 2015 with the following newsrack owners; Community Alliance Paper, Certified ROI, El Clasificado, and Los Angeles Times. The Fresno Bee did not attend the meeting and staff made an extra effort to reach out and establish a point of contact. Staff submitted the prepared ordinance to the Fresno Bee’s attorney. At the public meeting the draft ordinance was made available and discussed. Most of the small free publications expressed concerns over cost, as their profit margins are extremely narrow. Attached is a sample of the stakeholder meeting materials showing photographs of existing installations and potential new types of newsracks.
A general search of newsrack ordinances within California revealed the following cities have some type of ordinance designed to standardize newsracks in order to eliminate blight and insure public safety; Visalia, Burbank, San Leandro, Beverly Hills, Sonoma, San Marino, El Cerrito, Burlingame, Redondo Beach, San Diego, and Palo Alto.
Staff has estimated that the cost for processing, monitoring and enforcing the proposed ordinance will cost the City in time and labor noted below. Should it be necessary, the proposed draft Master Fee cost estimate may be adjusted through a Master Fee amendment.
MFS Charge Proposed Fee
Newsrack Application Fee $70.00
Newsrack Renewal Fee $34.13
Code Violation and Sidewalk Repair
Sidewalk Minor Repair Fee $39.03
Sidewalk Replacement Fee $90.71
Impounded Newsrack Release Fee $49.54
All of the above fees were calculated using the new overhead rate and the allotment of time employee(s) are required to complete the process. The Budget Division is reviewing the calculation for each process. The City Attorney’s Office has reviewed and approved the ordinance to form.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378 this item does not qualify as a “project” as defined by CEQA.
LOCAL PREFERENCE
Local preference was not implemented because this item is not an award of a construction or services contract.
FISCAL IMPACT
Approval of the Amendment to the City Master Fee Schedule will not impact the General Fund.
Attachments:
Ordinance
PW Standard Drawing P-87
Newsrack Permit Application Form
Exhibit A, Insurance Requirements for Newsrack Permit
Newsrack Permit Guidelines
Stakeholder Meeting Materials