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HomeMy WebLinkAbout03-City Attorney " C 1 T V 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: LEGISLATIVE REVIEW COMMITTEE FROM: DENNIS A. BARLOW Sr. Asst. City Attorney DATE: July 12, 1988 ~- SUBJECT: proposed Newsrack Ordinance ----------------------------------------------------------------- Some time ago, members of the public approached the City with a concern about newsracks in the community displaying "obscene" material to both adults, who do not wish to view such displays, and minors of all ages. Their concern as parents was whether something could be done to protect minors from this material. Certainly, in such situations careful consideration must be made due to the constitutional rights of freedom of speech and of the press. However, State statutes outline and define "harmful matter" which, although not to the legal standard of obscenity, still may not be displayed to minors. After several meetings including the Mayor, the Chief of police, City Clerk, planning, Public Services, City Administrator, our office, and members of the public, it was decided to recommend to the Mayor and Council that an ordinance be adopted which would protect minors from not only viewing such harmful matter, but through youthful curiosity, from purchasing such material, and would also protect the right of adults to purchase and read what they desired. The best solution to this problem seemed to be to require that each of such newsracks be attended by an adult. Such an adult could monitor the activities of minors and still allow purchases by adults, an ability not held by the inanimate' machines themselves. Failure to have an adult attendant would be a violation of the ordinance and could also result in seizure of the newsracks. In these situations, seizure prior supported by the need to protect effects of the material. However, a the operators at their request. to a due process hearing is children from the adverse hearing is made available to m ::II ~ .... (") ~ ? . )10 ::- 0 ~ ~ :II!: . <;;> C) "'tf W :'" ATTACHMENT 2 -It3 CIT OF SAN BERNARDI' '1.) - REQUE"""T FOR COUNCIL AC""'ON From: Annie F. Ramos, Director AUTHORIZATION TO UTILIZE CITY FORCES Subject: AND EQUIPMENT, TO CLOSE PORTIONS OF 7TH ANO VICTORIA STREETS AND TO WAIVE THE COSTS INCURRED RELATIVE TO ASSISTING INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE WITH THE 16TH OF SEPTEMBER CELEBRATION AT LA PLAZA PARK. ~ Dept: Parks, Recreation & Community Services Date: August 10, 1988 Synopsis of Previous Council action: None. Recommended motion: 1. That utilization of City crews and equipment and City Police personnel for assisting the Inland Empire Hispanic Chamber of Commerce in their 16th of September celebration at La Plaza Park be authorized. 2. That the expenses incurred by the use of City forces and equipment and Police Department personnel in providing assistance to the Inland Empire Hispanic Chamber of Commerce for the 16th of September Celebration at-La~p'laza Park be waived. 3. That the closing of portions of 7th Street on the northside of La Plaza Park and Victoria Street on the southside from 8:00 AM on September 15 to 8:00 At1 on September 19, 1988 so that the streets may be used in conjunction with the Inland Empire Hispanic Chamber of Commerce 16th of September Celebration be appro (Zed. ~ Copies to: Police Dept. - i ~- ~ Fire Dept. ~'~.. ""~ Publ;c SerVil;es Dept. Signa ure Publlc BUl Idlnqs U1V. Contact person: Annie F. Ramos. Director Phonal 5030 Supporting data Bttached: Staff Report & Fac i 1 itv Use Permit Ward: 1 FUNDING REOUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notes: B.DH2 Agenda I tem No. -.3 CI'T-. OF SAN BERNARDr"~O - REQUf'-T FOR COUNCIL AC-~ON AUTHORIZATION TO UTILIZE CITY FORCES AND EQUIPMENT. TO CLOSE PORTIONS OF 7TH STAFF REPORT AND VICTORIA STREETS AND TO WAIVE THE COSTS INCURRED RELATIVE TO ASSISTING INLAND EMPIRE HISPANIC CHAMBER OF COMMERCE WITH THE 16TH OF SEPTEMBER CELEBRATION AT LA PLAZA PARK. The Inland Empire Hispanic Chamber of Commerce has requested the use of La Plaza Park for their annual 16th of September Celebration. La Plaza Park is located on Mt. Vernon Avenue between 7th and Victoria Streets. In addition, the Chamber has requested the closure of the portions of 7th and Victoria Streets which are directly adjacent to the park so that the celebration activities may be expanded into the street area thus pro- viding more space for the expected large crowds. The Chamber estimates that approximately 60,000 local area citizens attended the 3 day celebration in recent years. The use of La Plaza Park requires that equipment such as picnic tables, trash cans, bleachers, electrical hook-ups for the booths, barricades and other various related items be added to the park. These items are listed in the City fee schedule for use of such additional equipment for special events. All this requires the use of City forces for which there is no fee schedule, as such, but which nevertheless require expenditures in both manpower and equipment use; i.e., employees from Parks, Public Services and Public Buildings to deliver and pick up various items of equipment. In addition, crowd and traffic control during the festivities requires additional man hours for the Police Department. The fee costs involved in the celebration are: The estimated additional costs for manpower and equipment not listed in the fee schedule are: $ 705 TOTAL 6,734 $7,439 The Chamber has requested that the costs incurred by the City for assisting in the celebration be waived. The Chamber has been sponsoring this event for many years and the City has assisted during all such events. This activity has been extremely successful and beneficial in promoting Hispanic history and culture in our city. The benefits of the event for all the City inhabitants are such that, as in previous years, and in other previously approved activities, the costs incurred would be waived. A meeting was held on August 9, 1988 with representatives of the Mayor's Office, Council, Police, Fire, Public Services and Parks, Recreation and Community Services Department, and with Chamber representatives to discuss the Chamber requests. Each item was discussed and dates and times set for each of the departments and the Chamber to complete their tasks relative to the event. The Chamber had requested that a portion of Mt. Vernon Avenue be closed to expand the festivities into the street. However, after much discussion it was the consensus of all concerned that in the interest of safety and traffic operations, the street would not be closed off. A copy of the Application/Permit to Use Public Park or Recreation Facility with Special Conditions of Permit outlining City and Chamber responsibilities is attached. Also attached is a copy of the Chamber's letter. It is our recommendation that the Chamber's requests be approved with the conditions set forth in the Application/Permit. August 10, 1988 7'.;-02(,4 PARKS, RE"'EATION AND COMMU~".Y SERVICES APPLICATIONIPERMIT TO USE PUBLIC PARK OR RECREATION FACILITY Dlte: Apri 1 5, 1988 Facility desired: Inland Empire Hispanic Chamber of Commerce La Plaza Park Name of organization: Nature of activity: 16th of September Celebration Date of activity: September 16, 17 & 18, 1988 (3 days penod) Estimate allendance: 60.000 Is Ictivity open to public? Time ofactivity: 10: 00 AMllUto 11: 00 *WPM yes Admission Fee/Collection: no Will Ictivity require use or display of vehicles, Iquipment, signs. city personnel? SEE ATTACHMENTS ( SPECIAL CONDITIONS & LETTER If yes, describe in detail: Carnival Rides. Food Booths. Entertainment. Will sound amplification or publiC Iddress system be used? yes Time of day amplifier is to be used: ~ AM/~to1.l4Oll/PM (Section 12.80.130, City Municipal Code IPplies) Applicant hereby Icknowledges thlt he/she hiS reid, understands, Ind will comply with all provisions of Chapter 12.BO, Municipal Code, City of San Bernardino. Colifornia pertaining to use of Park and Recreation facilities" Applicant hereby assumes all responsibility to leave areas in a neat and clean condition. Applicant agrees to hold harmless and indemnify the City of San Bernardino, California, from any and all liability for injury to persons or property occurring IS a result of this Ictivity Ind agrees to be liable to said City for any and all damage to any park, facilitY, building, pool, aquipment, Ind furniture ownad or controlled by CitY, which results from the activity or permittee or is caused by any participant in said activity. . -NOTE: This permit is subject to cancellation by any Police Officer who datermines violation of Iny provision of the City Municipal Code. CLEANING DEPOSIT: If Irea/facility is not left in cllan condition, the deposit shall be forfeited. KEY DEPOSIT: Keys shall be returned within two (2) working days after the event for which the key (s) is issued. If key (s) is not returned promptly, the deposit shall be forfeited. 972 N. Mt. Vernon Ave. Address 888-2188 AVAILABLE ~ YES _NO SPECIAL CONDITIONS API'( Y L YES _ NO FEES/DEPOSIT (5) REQUIRED...L YES _ NO FEES RECEIVED BY ONRECEIPT# BY DEPOSIT (5) RECEIVED BY DEPOSIT RETURNED TO DATE o APPROVED 0 DISAPPROVED DATE Alfredo Enciso, Fiesta Chairman Printed Name of Applicant City 92411 Zip 889-6923 Phone Number Director. Parks, Recreation & Community Services Signature of Applicant DISTRI.UTION: WHITE: APPL.ICAN"1" GREEN: FACILITY CANARY: FILE PINK: POLICE DEPT. GOLDENROD: DEPOSIT FILE ~E~~!~b_kQ~Q!!!Q~~_QE_E~8~!! As part of the Publ ic Park Use Permit, the following repre- sents an understanding between the City of San Bernardino, hereinafter referred to as City, and the Inland Empire Hispa- nic Chamber of Commerce, hereinafter referred to as Chamber, relating to the use of La Plaza Park during the Mexican Independence Day celebration from September 16, 1988 through September 18, 1988. The Chamber wil I begin setting up for the fiesta on September 15, 1988 and wi II be completing the c lean-up processes on September 19, 1988. 1. The Parks, Recreation and Community Services Department wi I I provide on Thursday morning, 8:00am, September 15, 1988, additional seating for 700 people, 20 additional trash cans and 20 additi- onal picnic tables and keys to electrical panels. The Chamber ShOll I supply the manpower for set-up and take down. A responsible representative of the Chamber shall be present at the time of del ivery and ShOll I sign the Temporary Equipment Use Receipt before items are unloaded by the Park Staff. Fo II ow i ng the event, the Chamber ShOll I take down and assemble the equipment and panel keys for pick- up by the City. Pick-up shall be at 8:00am on Monday morning, September 19, 1988, so as to require the minimum amount of security time on the part of the Chamber. A copy of the Temporary Equipment Use Receipt, indicating the equipment returned, wi I I be given to the representative of the Chamber at that time. Any shortages wi I I be the responsibi I ity of the Chamber. 2. The Chamber wi I I provide security for the event on a 24-hour basis with a written duty schedule to be provided to the Parks, Recreation and Community Services Department not later than September 9, 1988, together with the name and telephone number of the Chamber representative responsible for secur i ty. 3. The Chamber will provi de for cont i nuous clean-up during the event and wi I I leave with the Department a !lQQ_~1~enln9_Q~QQ~11_nQI_1el~[_lhen_~~QI~mQ~[_2~ 12~~. This deposit will be utilized to defet" potential extra manpower cost which may be required if the park is not left in a clean and orderly con d i t ion. Par k m u s t be c I e an e d by 12: 00 r. 00 non September 19, 1988. The Area Supervisor wi II sign off the deposit upon satisfactory inspection of the site. (a) The City wi II provide trash cans and a large bin for refuse for the event. SPECIAL CONDITIONS OF PERMIT 11 AUG 1988 Pase 2 (b) The Chamber asrees to provide personnel to empty 30-sallon capacity trash receptacles into the trash bin provided by the Refuse Division, prior to 1:00 pm, Saturday, Septem- ber 17, 1988 at which time Refuse Division wi II empty the larse bin. 4. Durins the hours of activities the Police ment will furnish adequate Police Reserve for crowd control purposes. Depart- Patrols 5. The Chamber wil I contact Edison and pay for al I temporary electrical power. Layins of the tempora- ry electrical lines from pole will be provided by the Electrical Division by September 15, 1988. 6. The Street Tree Division of Publ ic Services Depart ment wi I I provide a one half truck load of palm fronds to decorate the booths and palm trees for the kiosko. Fronds wi II be del ivered to the park at 8:00am on September 15, 1988. 7. In the event personnel as salary costs plussed sewer of an emersency response by a result of the celebration, shal I be borne by the Chamber, lines, electrical failure, etc. City a I I i . e. , 8. All necessary permits and I icenses required for the various activities and events to be conducted throushout the celebration, shall be the responsi- bil ity of the Chamber to obtain 72 hours prior to the commencement of the Festival. 9. The Chamber shal I hold the City harmless from any potential liability claims resultins from the sale of alcohol ic beverases on park premises. 10. Beer sales shal I terminate at 10:00pm on September 16, 17 and 18. Celebration festivities shall terminate at 11:00pm on al I three dates. 11. The carnival activities to be conducted shall b. subject to the fol lowins conditions with documenta- tion beins furnished to the Parks, Recreation and Community Services Department Administration Office not later than September 9, 1988. (a) Proof of insurance. !hL(;HL2L_~!!L~!r~H: Ql~2_~n!11_Q!_~!m!Q_!~_!QQ1~12~!1_1~~Yr!Q. (b) Desisn layout of rides, booths, etc. SPECIAL CONDITIONS OF PERMIT 11 AUG 1988 Page 3 Ic) If food is to be served, proof of health cHtificatl!. Id) Copy of License permitting beer sales. (e) Copy of Environmental Itinerant Permit. Health Department (f) Copy of permit authorizing carnival and other outdoor entertainment. Outdoor entertainment, i.e., food booths, game booths, entertainment rides, must be approved by the Pol ice Depart- ment (Vice and Narcotics Division). Police Department wi II determine fees and issue a permit. 12. Chamber shall furnish to the Parks, Recreation and Community services Department Administration Office a copy of the signed contract between the Carnival Operator and the Chamber along with a copy of Carnival Insurance with ~li~__2f_2!n__~~[n![~ln2 n!m~~_!~_!~~li12n!!__ln~Y[~~ not later than Septem- bH 9, 1988. 13. Street closures adjacent to La Plaza Park have been coordinated with Police, Fire and Public Service Departments and the Publ ic Services Department wi II provide barricades for the street and parking areas at 8:00am on September 15, 1988. The streets to be closed are 7th Street on the north side of the park and Victoria on the south side. ,. ~. "'ltlal<<i EM - ~ . WUfI4l1k ~ 01 ~ 972 North Mt. Vemon Avenue . San Bernardino, California 92411 Teiephone 714 888 2188 The Honorable Evlyn Wilcox Mayor, City of San Bernardino and The COI1IlPn Counci 1 300 North "0" Street San Bernardino, CA 92418 !t! .,.. \~at RECElVED JUL 13 1988 PK.,REC. & COMM. SVc, July 5, 1988 Dear Mayor Wilcox and COI1IlPn council: The Inland Enpire Hispanic Charrber of COlTIT'erce, again, will hold their annual 16th of Septerrber celebration and are seeking the follCYWing requests and permissions in order to begin our preparations for a successful event: 1.) The use of The Placita Park located at Seventh and Mt. Vernon Avenue on Friday, September 16: Saturday, September 17: and Sunday, September 18. 2.) Allowance to set-up booths, carnival, etc., 00 Thursday, September IS. 3. ) Permission to close off Mt. Vernon Avenue between Seventh and Victoria in order to use the two northbound lanes for fiesta purposes, the two southbound lanes for fire lane access, and the middle (left, right turn lane) as a buffer area. (see diagram) 4.) Permission to close off Seventh and Victoria Streets at the eastside of Mt. Vernon to the end of the park beginning 00 Thursday, September 15 until Monday, Septerrber 19. (see diagram) 5. ) Request waiver cn all permits and fees pertaining to this event. 6.) If available, ooe-half truck load of palm leaves to decorate booths, etc. 7.) A large trash bin (to be located behind the carwash at 641 N. Mt. Vernon), including 20 trash cans and 20 picnic tables, and 12 bleachers for entertainment purposes. 8.) We will need the key to the electrical panel on the souths ide of the park for the booth facilities. We will, as in the past, provide our awn personnel to keep the restrooms clean and well-supplied. As well, we will provide for security after the park is closed for the night. Page two July 5, 1988 SeptenDer 16th ~ts For your infonnation, the fo1100ng schedule of activities are being planned during the fiesta: ~IVAL Friday, Sept. 16: Saturday, Sept. 17: Sunday, Sept. 18: 12 noon to 11 p.m. 10 a.m. to 11 p.m. 10 a.m. to 10 p.m. ENI'ERTAINMENI' Friday, Sept. 16: Saturday, Sept. 17: Sunday, Sept. 18: 5 p.m. to 10 p.m. 11 a.m. to 11 p.m. 12 noon to 10 p.m. BEER AND FOOD i07I'H Friday, Sept. 16: Saturday, Sept. 17: Sunday, Sept. 18: 12 noon to 10 p.m. 10 a.m. to 10 p.m. 10 a.m. to 10 p.m. In addition, we will continue meeting with all department heads to keep them infornro on our event progress. We look forward to your continuing cooperation and assistance in making this year's 16th of Septenber celebration an event for the entire Inland Enpire, primarily San Bernardino area. The success of this event reflects on the tealTW:>rk of the City of San Bernardino and the Hispanic Chantler, and together brings pride and joy to our comnunity. Should you have any questions, please call me at 888-6923. f87J~ o S. ENCISO Chair AE/yl cc: Ann RarTDs, Parks and Recreation Director Chief Donald Burnett, Police Department Chief Gerald Newcorrb, Fire Department Manuel Moreno, Street Department supervisor D D U a : cp~ . 11: \ lJ \ I JJ' I: ~ ! U ,: 0~,'E JT' J. ,r : Y tI CD ' ~ lJ, c:::> ~ - _II";' bag CI ~ tJ' a 'I ~T',/1 IJ - \ I, -''\ ~ /~/ \ U \ --' /1 vi -A r \ ^ I ~ : l' '0 ,i ''''' I CJ r; 72 J l :-1 I root;. t;:~~;Jrr- 1 \ I Y \ ~ Jt.i II I \v,~ \ 5 - l r, \ . \ I _~ \ U T1, /V. " A r~ "7 7!i jj. J I J i ~Jt=> 1~1 ~o - .- ....--'~_..