Item 10 Staff Report Approve a Request from the Newsrack Committee to Defer Enforcement of the Modular Design Required by the Newsrack Ordinance, for Newsrack Within the Public Right-of-Way Across from the Old Town Parking Lot at 50 University AvenueCOUNCIL AGENDA REPORT
DATE: July 30, 1996
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 8/5//96
ITEM NO. / d
APPROVE A REQUEST FROM THE NEWSRACK COMMITTEE TO DEFER
ENFORCEMENT OF THE MODULAR DESIGN REQUIRED BY THE NEWSRACK
ORDINANCE, FOR NEWSRACKS WITHIN THE PUBLIC RIGHT-OF-WAY ACROSS
FROM THE OLD TOWN PARKING LOT AT 50 UNIVERSITY AVENUE.
RECOMMENDATION:
Approve deferring the enforcement of the modular newsrack design requirement for newsracks within the public right-
of-way across from the Old Town Parking Lot at 50 University Avenue.
DISCUSSION:
The Newsrack Committee has requested these administrative changes in the Town's enforcement of its Newsrack
Ordinance for the following two areas:
Specification of newsrack
The Town's Newsrack Ordinance requires modular newsracks to be permanently installed in the Town's
historic districts, but does not specify a specific type or color to be used. To address this situation the Town's
Newsrack Committee with the recommendation of the Downtown Association's Beautification Committee
adopted an administrative standard modular newsrack design and color for newsracks in historic districts on
December 7, 1995. The model and color chosen were the Showrack Model 4916 or 100, painted a Showrack
Off-White(Pantone Color 4545C) or its equivalent. Originally, the Committee wanted this item referred to the
Town Council in order for the Council to amend the ordinance and have it reflect these changes. The Town
Attorney and Planning Staff have advised the Committee that it is within their scope to adopt these changes
as an administrative policy and that there is no need to amend the existing ordinance.
Deferment
The attached request from the Newsrack Committee is asking the Town Council to defer enforcement of the
modular newsrack requirements for the newsracks directly across from Old Town at 50 University Avenue
until after the redevelopment and construction of Old Town is completed. Given the application's pending
status before the Planning Commission and the Town Council, it would seem unreasonable to require modular
installations at this site if the newsrack would be removed in 6 to 9 months. Initially, staff indicated to the
members of the publication/distribution industry that the newsracks directly across from Old Town were on
private property, and were therefore not subject to the requirements of the Newsrack Ordinance. The
PREPARED BY: LEE E. BOWMAN
PLANNING DIRECTOR
Reviewed by:
Attorney ' Finance Revised: 7/30/96 5:34 pm
Reformatted: 10/23/95
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Newsrack Committee Request to defer enforcement of modular newsrack requirement
June 20, 1996
Ordinance specifically regulates only newsracks within the public right-of-way, and not newsracks on private property.
Subsequent information was received from the property owners/developers of Old Town which indicates that a public
sidewalk easement was dedicated to the Town in the past and that the sidewalk is considered a part of the public right-of-
way. After this information was relayed to the Newsrack Committee, the committee members decided to send the
attached request to Town Council. (Attachment #1)
FISCAL IMPACT: None.
ATTACHMENTS:
1. Memorandum from the Newsrack Committee, received July 18, 1996.
DISTRIBUTION LIST:
Newsrack Committee
LEB:EO:sm
N:\DEV\CNCLRPTS\OT-NE W S.RPT
To:
From:
TOWN OF Los GATOS
NEWSRACK COMMITTEE
Town Council
Newsrack Committee
CIVIC CENTER
110 E. MAIN STREET
P.O. Box 949
Los GATOS, CA 95031
Subject: Requested delay of newsrack ordinance enforcement for public
right-of-way adjacent to Old Town parking lot.
Date: July 18, 1996
On December 7, 1995 the Newsrack Committee with the recommendation of the Downtown
Association's Beautification Committee administratively adopted a standardized modular newsrack
design and color for newsracks in the Town's historic districts. The model and color chosen were
the Showrack Model 4916 or 100, painted a Showrack Off-White(Pantone Color 4545C) or its
equivalent.
Additionally, due to the delay in the property owners' redevelopment plans for Old Town and new
information regarding the status of the parking lot sidewalk across from Old Town, the Committee
is requesting that the Town Council delay enforcement of the modular newsrack requirement for the
newsracks adjacent to the Old Town parking lot until the project is completed or the current
application submitted to the Town is withdrawn.
C:\_ECQO\SAMPLES\MEMOS\NEW SRACK.MEM
INCORPORATED AUGUST 10, 1887
August 5, 1996
Los Gatos, California
COUNCIL CALENDAR OF MEETINGS (04.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
PAYROLL RATIFICATION/JULY 1996 (05.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the check register for
the payroll of June 30 through July 13, 1996 paid on July 19, 1996 in the amount of $320,397.91.
Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
ACCOUNTS PAYABLE/RATIFICATION/JULY 1996 (06.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying check
registers for accounts payable invoices paid on July 12, July 15, July 19 and July 26, 1996 in the
amount of $548,410.94. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
MINUTES OF JULY 15, 1996 (07.V)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Minutes of July
15, 1996 as submitted, including a desk item. Carried by a vote of 4 ayes. Mr. O'Laughlin
absent.
TREASURER'S REPORT (08.V)
Informational report submitted by the Treasurer to the Council as of May 31, 1996, was received
and filed.
ANNUAL REPORT FOR YEAR 1995-1996 (09.06)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council accept Fiscal Year 1995-
1996 Annual Report. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
NEWSRACK COMMITTEE/OLD TOWN PARKING LOT/50 UNIVERSITY AVE (10.44)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve deferring the
enforcement of the modular newsrack design requirement for newsracks within the public right-
of-way across from the Old Town Parking Lot at 50 University Avenue. Carried by a vote of
4 ayes. Mr. O'Laughlin absent.
GRAND JURY REPORT/MAYOR'S RESPONSE (11.11)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize Mayor to respond
to 1995-1996 Grand Jury Report as contained in Attachment 1 of the staff report. Carried by
a vote of 4 ayes. Mr. O'Laughlin absent.
SMYTHE EUROPEAN GRANT/COMMUNITY SERVICES ALLOCATIONS (12.06)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council allocate $5,360 of Smythe
European Empowerment Drive (SEED) grant funds to Community Grant recipients in
accordance with Table I in the staff report and to adjust the Community Services Department's
budget accordingly. Carried by a vote of 4 ayes. Mr. O'Laughlin absent.
AMICUS BRIEF/KAVANAU/SANTA MONICA RENT CONTROL BOARD (13A.01)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize the Town Attorney
to include the Town of Los Gatos as an amicus curiae in the case of Kavanau v. Santa Monica
Rent Control Board, California Supreme Court Case S05184, at no cost to the Town. Carried
by a vote of 4 ayes. Mr. O'Laughlin absent.
TC: D8: MM080596
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