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HomeMy WebLinkAboutCM Newspaper Rack Ord 1915CITY p, 1 s Agenda Item No: 5.a Meeting Date: November 18, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager's Office Prepared by: Rebecca Woodbury, Management Analyst City Manager Approval: SUBJECT: 1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 11.04 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD A NEW SECTION 11.04.070 ENTITLED "NEWSPAPER RACK ENCROACHMENTS". 2. CONSIDERATION OF A RESOLUTION TO AMEND THE MASTER FEE SCHEDULE TO REVISE THE FEES FOR NEWSPAPER RACK ENCROACHMENT PERMITS AND MAINTENANCE. RECOMMENDATION: Conduct a public hearing and: 1. Pass to print ordinance amending Chapter 11.04 of the San Rafael Municipal Code to add a new section 11.04.070 entitled "Newspaper Rack Encroachments". 2. Adopt resolution to amend Master Fee Schedule. BACKGROUND: Newspaper racks have had a presence throughout San Rafael for several decades. The San Rafael Municipal Code defines newspaper racks as "minor continuing encroachments" and requires encroachment permits, but has no other regulations or requirements. Due to various historical reasons, the minor encroachment permit requirement has not been enforced over the past several decades, and newspaper racks have largely been unregulated. Over the years publications have come and gone, with publishers utilizing boxes mounted on pedestals installed in the sidewalk, or placing a free-standing box on the sidewalk. In recent years, many publications such as the Wall Street Journal, Los Angeles Times, and Contra Costa Times have eliminated San Rafael from their circulation routes due to the increased use of the Internet to access publications, increased cost of publications, and decreased sales from outdoor newspaper racks. These boxes have been abandoned, removed, or used by other publications. Other publications, such as the Marin Independent Journal, have reduced the number of boxes they use as a response to the decline of newspaper sales from newspaper racks and increased Internet readership. FOR CITY CLERK ONLY File No.: —t-3-40 )JI —> Council Meeting: 1i I f -4°�0r 3 Disposition: (Mc&!.ctat-P_-tf /`7/�; 0-f 13641 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 On June 3, 2013, San Rafael's downtown Business Improvement District (BID) was reformed and expanded and new activities were planned. One priority of the BID was to greatly improve the appearance and condition of downtown newspaper racks. Staff has been working closely with the BID to partner in formulating the plan for the improvement of downtown newspaper racks. A recent inventory of the newspaper racks in downtown found many boxes that appear to be abandoned and/or are in severe disrepair, covered in graffiti and rust, and filled with trash. This has led to a number of complaints from both merchants and the general public about blight. In addition, some publishers have complained that it is difficult to maintain a box that is surrounded by others that are either abandoned or in disrepair. In response to the severe dilapidation of the existing newspaper racks and in collaboration with the BID, City staff has undertaken to develop a proposed ordinance establishing new encroachment permit regulations for newspaper racks, and has commenced in purchasing and installing new newspaper racks in the Downtown area for publishers to use. Attachment 5 to this report are before and after photographs of a new newspaper rack installed at Fourth and A Streets as part of this program. ANALYSIS: Several municipalities in the Bay Area have either begun or completed the process of standardizing newspaper racks, especially in downtown areas. One tool for regulating newspaper racks is through a permit process. A newspaper rack permit process usually involves regulations to standardize equipment, determine ownership and maintenance responsibilities, designate specific locations, describe violations and process, and outline permit and fee requirements. Proposed Amendments Based on input from the City Council's Downtown Subcommittee, the BID, and publishers, staff has put together amendments to the encroachment permit process to address the following key issues: F_ CITYWIDE REGULATIONS Component Recommended Amendments Encroachment Permit required for all newspaper racks and Permit required boxes located on any City street, sidewalk, and right-of-way. Permit requires one-time application fee and one permit can cover multiple locations of newspaper racks and boxes. Publishers are required to keep their newspaper racks in good Maintenance working order and free from graffiti, stickers, dirt, rust, damage and disrepair. In Downtown, City will maintain and clean newsoaoer racks and boxes. DOWNTOWN NEWSPAPER RACK ZONE Component Recommended Amendments The City will install newspaper racks in a zone encompassing l the Downtown area. Publishers may only use City -owned racks j Provision of racks and boxes. Publishers must pay an annual fee per box for cleaning and maintenance to be performed by the City. Publishers must provide, maintain, and be liable for their own Coin mechanism coin -mechanism. Maintenance The City will clean and maintain the exterior of all newspaper racks and boxes within the Downtown area. F_ CITYWIDE REGULATIONS Component Recommended Amendments Encroachment Permit required for all newspaper racks and Permit required boxes located on any City street, sidewalk, and right-of-way. Permit requires one-time application fee and one permit can cover multiple locations of newspaper racks and boxes. Publishers are required to keep their newspaper racks in good Maintenance working order and free from graffiti, stickers, dirt, rust, damage and disrepair. In Downtown, City will maintain and clean newsoaoer racks and boxes. I` SAN RAFAEL CITY COUNCIL AGENDA REPORT I Page: 3 Abandonment Abandoned racks and boxes are subject to removal. Removal Newspaper racks or boxes that violate the ordinance are subject to removal. Newspaper Rack The City may, in the future, establish zones with special rules Zones regarding newspaper racks. As shown above, the proposed ordinance makes significant changes in the downtown and also includes some basic changes Citywide. The proposed ordinance addresses only newspaper racks encroaching in the public right-of-way, not those located on private property. Staff is studying the extent to which newspaper racks on private property within the City present aesthetic or other problems, and options for addressing such problems, such as the use of nuisance abatement proceedings or the enactment of design review standards. Public Outreach After receiving direction from the Downtown Subcommittee in August, the City invited all publishers currently utilizing newspaper racks in the downtown area to a meeting to discuss the proposed permit process and fees. The meeting was attended by representatives for the Marin Independent Journal and Pacific Sun. In addition to this, staff has received feedback and corresponded with representatives from the San Francisco Chronicle, North Bay Bohemian, Press Democrat, Open Exchange, Bay Guardian/SF Weekly, USA Today, Homes & Land, Apartment Finder, and Common Ground. As mentioned above, Staff has also worked with the BID as this is one of their key priorities. Future Phases Staff will work with the City Council's Downtown Subcommittee and the BID to identify future phases of this newspaper rack program, which could include the establishment of additional zones with specially -tailored requirements, potential regulations applicable to private property, or other changes. The process will be public and, as in the above, will include input and feedback from publishers, property owners, and merchants. Program Review In addition to the above, after one year, staff will evaluate this program and bring forward recommendations to the Downtown Subcommittee and City Council as necessary. FISCAL IMPACT: The proposed amendments require the processing and issuing of permits, periodic inspection of newspaper racks, staff time spent contacting individual publishers regarding violations, and the cleaning and maintenance of newspaper racks in the Downtown area. Staff recommends a one-time permit fee of $250 per publisher, plus $50 per box cleaning and maintenance for boxes located in the Downtown. The annual renewal fee will be $50 per box. The one-time permit fee is intended to cover the processing and staff time. The annual per box fee is intended to cover City expenses regarding cleaning, maintenance, and the purchase of new racks in the Downtown area. These fees are consistent with the approach used by other communities in our area for such programs. Separate from the ordinance, but related, staff purchased and is in the process of installing new newspaper racks throughout the Downtown area. Funding for this effort can be found through the funds the City Council authorized at the end of the 2012-13 Fiscal Year for the downtown improvements. Revenue from the proposed fees will fund the City's cleaning and maintenance of these new newspaper racks. OPTIONS: The City Council has the following options to consider on this matter: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 1. Adopt the amendments as proposed or with modifications. 2. Continue action for additional information and response to Council comments and concerns. 3. Deny the proposed ordinance amendments. RECOMMENDED ACTION: It is recommended that the City Council: 1. Open the public hearing and accept public testimony on the project; 2. Close the public hearing; 3. Pass the ordinance (Attachment 1) to print. 4. Adopt resolution (Attachment 2). ATTACHMENTS: 1. Proposed Ordinance 2. Resolution to Amend Master Fee Schedule 3. Public Hearing Notice 4. Correspondence 5. Photograph of new newspaper racks for Downtown Area ORDINANCE NO. 1915 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 11.04 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD A NEW SECTION 11.04.070 ENTITLED "NEWSPAPER RACK ENCROACHMENTS". THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. WHEREAS, the City Council wishes to advance and improve public safety and aesthetics and implement improvements to enhance the overall experience of San Rafael businesses and their patrons, San Rafael residents, and travelers through our city without restricting the free dissemination of information guaranteed by the Constitutions of the United States and the State of California; and WHEREAS, an important element of streetscapes is the installation of newspaper rack facilities that are safe, clean and maintained while simultaneously providing ample opportunities for publishers to provide their periodicals to the persons living, working or visiting in San Rafael; and WHEREAS, implementation of a newspaper rack encroachment permit program requires the City Council to adopt an ordinance that will provide publishers and the City with opportunities and responsibilities to maintain the appearance of the newspaper rack facilities and enhance the aesthetics of the City while protecting their First Amendment rights; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 2. Section 11.04.020 of the San Rafael Municipal Code, is hereby amended to read in its entirety as follows: 11.04.020 Definitions. For purposes of this chapter, certain terms are defined as follows: A. "City" means the City of San Rafael. B. "Director" means the director of public works of the city or his or her designee. C. "Encroach" or "encroachment" includes going upon, over or under a public right-of-way, or using a public right-of-way or a public or private area adjacent to a public right-of-way in such a manner as to prevent, obstruct or interfere with the intended use of that way, or a modification of its mode of use, including but not limited to excavation or disturbance; erection, construction, placement or maintenance of any physical improvement thereon or thereunder; planting or maintaining any landscaping; or placement or maintenance of any waste material, except the placement of solid waste or recyclables in authorized receptacles for pick-up in accordance with Chapter 9.19 of this code. D. "Landscaping" means any tree, shrub, grass, groundcover, plant, hedge, ornamental boulder, solid landscape feature or growing thing. E. "Major continuing encroachment" means an encroachment by a property owner into the public right-of-way adjacent to his or her property, which is intended and permitted to continue for an indefinite period of time, and which serves or provides a benefit to the city or the public generally, such as, for example, the provision of off-street parking in an area where such parking is inadequate, the provision or protection of a public accessway, or the promotion of the city's economic vitality or beautification. Major continuing encroachments may include, but shall not be limited to, the following: 1. Fences or walls higher than three feet (3') above natural grade which provide protection to a public street or pedestrian walking path; 2. Abutments for driveways and stairs where reasonably necessary to provide access to the public right-of-way; 3. Ground water monitoring wells. F. "Minor continuing encroachment" means an encroachment which is intended and permitted to continue for an indefinite period of time, but which by its nature is limited in size, scale or use so that the encroachment will have little or no impact on the public health, safety or welfare, and shall include, but not be limited to, the following: 1. Flat or low-level improvements/landscaping adjacent to city streets or pedestrian walking paths, including but not limited to low-level plants and shrubs, landscape walls and fences less than three feet (3') in height, a private postal box on a post, boulders, concrete and other flatwork; 2. Bicycle racks; 3. Awnings, signs, eaves or other minor architectural features of buildings extending more than four feet (4') into the public right-of-way; 4. Other minor improvements which the director determines will not inconvenience or jeopardize the city management or use of the public right-of-way. G. "Minor encroachment permit" means an encroachment permit issued pursuant to this chapter to authorize a temporary encroachment or a minor continuing encroachment as defined herein. H. "Newspaper box' means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale or free distribution of periodicals. I. "Newspaper rack" means an assembly which contains one (1) or more newspaper boxes. J. "Periodical" means any publication to be distributed to the public at regular intervals. This can include, but is not limited to, newspapers, magazines, publications, solicitations, and real estate advertisements. K. "Permittee" means any person, utility or special district that has been issued a minor encroachment permit, revocable license agreement, or utility/special district encroachment permit pursuant to this chapter or their successor in interest. L. "Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the city of San Rafael, the San Rafael Redevelopment agency, or their officers, employees or agents. M. "Public right-of-way" means land which by written instrument, usage or process of law is owned by, reserved for or dedicated to the public use for street or highway purposes, or other transportation purposes, whether or not such land is actually being used or developed specifically for those purposes. N. "Public street" means the portion of the public right-of-way of any road, street, pedestrian walking path, or alley used by or for the general public for travel purposes, including sidewalks and areas between sidewalks and the vehicular traveled way, whether or not those roads, streets, pedestrian walking paths, and alleys have been accepted as and declared to be part of the city system of public streets, except streets forming a part of the state highway system or county roads or expressways. O. "Special district" means any public agency that has been created for the local performance of governmental or proprietary functions within limited boundaries. P. "Street cut" means the action or result of opening, tearing up, excavating, removing or constructing any portion of any roadway, street or thoroughfare, sidewalk, driveway, curb or gutter, or any other facility existing within the public right-of-way area, for any purpose whatsoever within the jurisdiction of the city. Q. "Structure" means any physical alteration or improvement, including but not limited to a building, post, cabinet, fence, vault, sign, pole, guard rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment or excavation. R. "Temporary encroachment" means an encroachment which is intended to continue for a specified, limited period of time, not to exceed one year, and shall include, but not be limited to, the following: 1. Debris boxes; 2. Scaffoldings; 3. Tree trimming by private property owners or their contractors; 4. Closure for limited periods of time of public streets, driveways or public areas not under control of the state or the county; 5. Closure for limited periods of time of public sidewalks; 6. Painting/washing of building exteriors adjacent to the public right-of-way or public street; 7. Construction required for installation of sidewalks, driveway approaches; curbs and gutters, including underdrains, underground facilities, and sewer laterals; 8. Temporary construction fencing: 9. Painting of address numbers on curbs. S. "Utility" means any entity providing electricity, gas, cable, video programming, telephone, telecommunications or other services to customers, and which pursuant to state law or local franchise is entitled to install its facilities in the public rights-of-way. T. "Utility/special district encroachment" means any encroachment by a utility or special district. U. "Waste material" means any rubbish, brush, earth or other material of any nature which is unused, unwanted or discarded, including any garbage, recyclable materials, solid waste and yard waste as defined in Chapter 9.19. DIVISION 3: Section 11.04.030.040 of the San Rafael Municipal Code is hereby amended to read in its entirety as follows: A. Every minor encroachment permit, revocable license agreement, newspaper rack permit, and utility/special district encroachment permit issued pursuant to this chapter shall be subject to, and shall contain a provision for, a duty by the permittee: 1. To the maximum extent permitted by law, to indemnify, defend and hold harmless the city, its officials, agents, employees and volunteers against any and all liabilities, losses, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, including but not limited to attorney's and expert fees and court costs, arising out of or connected with the installation, operation and maintenance of any facilities in, or the use of any public right-of-way by, permittee or permittee's employees, officers, officials. agents, transferees, contractors or subcontractors pursuant to the permit or agreement issued under this chapter; provided, that the obligation to indemnify the city under this subsection shall not apply to any liabilities, losses, claims, actions, causes of action or demands arising from city's sole negligence, willful misconduct or criminal acts. 2. To the maximum extent permitted by law, to defend, indemnify, release and hold harmless the city, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities ("indemnitees"), the purpose of which is to attack, set aside, void or annul the approval of a permit or revocable license agreement issued pursuant to this chapter, or the adoption of any environmental document which accompanies such permit or agreement. 3. In the event that any claim, action or proceeding is brought as described in subsection (A)(1) or (A)(2) of this section, the city shall promptly notify the permittee of any such claim, action or proceeding, and the city council will cooperate fully in the defense of such claim, action, or proceeding. In the event the permittee is required to defend the city in connection with any said claim, action or proceeding, the city shall retain the right to approve any and all settlements affecting the validity or interpretation of a city ordinance or regulation, which approval shall not be unreasonably withheld. Nothing herein shall prohibit the city from participating in the defense of any claim, action or proceeding, provided that if the city chooses to have counsel of its own to defend any claim, action or proceeding where applicant already has retained counsel to defend the 4 city in such matters, the fees and the expenses of the counsel selected by the city shall be paid by the city. B. Where the liability and indemnification requirements provided herein conflict with the provisions of a franchise or other agreement between a utility or special district and the city, the provisions of such franchise or agreement shall apply. DIVISION 4: Section 11.04.070 is hereby added to the San Rafael Municipal Code to read in its entirety as follows: 11.04.070 Newspaper rack encroachments. 11.04.070.010 Newspaper rack encroachments—Permit applications. A. Permit required. No person shall install, use, maintain, or place any periodical into, any newspaper rack which in whole or in part rests upon, in, or over any portion of any City street, sidewalk or right-of-way, unless a newspaper rack encroachment permit has been first obtained pursuant to this chapter. B. Scope of Permit. A newspaper rack encroachment permit authorizes the permittee to use a City -owned newspaper box at a specified City -owned newspaper rack location, or to place or maintain a privately -owned newspaper rack and/or newspaper box in a City -approved location. 2. Newspaper rack encroachment permits shall be issued for a one calendar -year period. Permittees who maintain their newspaper racks and/or boxes in accordance with this chapter shall be eligible to renew their permit and will be given first priority to remain in their current locations. C. Applications. Permit applications shall be in a form determined by the director, and shall be available at the Department of Public Works and for download from the City's website. Applications shall be filed with the Department of Public Works and shall not be deemed complete until all required supporting documents, information, and fees have been submitted. Every application shall include the following: 1. A one-time application fee to cover the City's costs for processing the application, in an amount to be established by resolution of the City Council from time to time; Contact information, including name, address, telephone number and email address of the person or persons applying for the permit and for the person or persons responsible for use and maintenance of the newspaper racks and/or newspaper box(es), if different; 3. A detailed description of the number and location of newspaper racks and/or newspaper boxes proposed to be used; and 4. A detailed installation plan for a proposed newspaper rack, showing location, dimensions, method of attachment to the ground, and such other information as may be required by the director. D. Action on application. The director shall act upon an application under this section after the application is deemed complete. 1. In considering the application, the director shall retain discretion to determine the location of newspaper rack installation, considering the following criteria: a. Placement of a requested newspaper rack shall not impede public access or mobility; b. The minimum accessible path of travel as defined in the City's building codes shall be maintained at all times. In no instance shall the width of a sidewalk be less than 48 inches. 2. A newspaper rack encroachment permit may be issued by the director upon making all of the following findings: a. A newspaper rack and newspaper box can be installed safely, or a newspaper rack exists and a newspaper box therein is available in the location proposed by the applicant; b. Issuance of the permit will not result in any single periodical having more than one newspaper box per newspaper rack, or within fifty (50) feet of another newspaper rack carrying that periodical; and c. The applicant has complied with all applicable requirements of this chapter, including securing all required insurance pursuant to in section 11.04.030.030. 3. If an application for a newspaper rack encroachment permit is denied, in whole or in part, the director shall notify the applicant in writing, explaining the reasons for denial and the procedures for appeal. E. Appeal: The applicant may appeal a decision of the director on a newspaper rack encroachment permit application to the city manager in writing within ten (10) calendar days following the director's action, stating the grounds with particularity. The city manager or his or her designee shall schedule a hearing upon not less than ten (10) calendar days' notice to the appellant. At the hearing, the appellant shall have the opportunity to present oral and written evidence and arguments in support of the appeal. Any decision of the director of public works shall be stayed pending final decision of the city manager or his or her designee, which shall be issued in writing within ten (10) calendar days after the conclusion of the hearing. The decision of the city manager or his or her designee shall be final. 11.04.070.020 Newspaper rack encroachments—Newspaper rack zones. A. Downtown Newspaper Rack Zone. A "Downtown Newspaper Rack Zone" is hereby established, covering and including all streets, sidewalks, and public rights-of-way on or within the perimeter of the area defined by Netherton Street between Mission Avenue and Second Street. Second Street between Hetherton and the beginning of Miracle Mile. Fourth Street from the beginning of the Miracle Mile to H Street, H Street between Fourth Street and Mission Avenue, and Mission Avenue between H Street and Hetherton Street. Notwithstanding anything in section 11.04.070.010 to the contrary, within the Downtown Newspaper Rack Zone: 1. The City shall install and own all newspaper racks and newspaper boxes; all privately - owned newspaper racks and newspaper boxes shall be prohibited. A permit pursuant to section 11.04.070.010 shall be required for use of any newspaper box; 6 2. A permittee may install a coin mechanism in the permitted newspaper box; however any such coin mechanism shall be acquired, owned, installed and maintained solely by the permittee and not by the City. Any damages to the city's newspaper rack or newspaper box resulting from the installation or removal of the coin mechanism shall be the sole responsibility of the applicant, who shall be liable to the City for the cost of necessary repairs to or replacement of the damaged City property. The permit application shall provide that the applicant releases the City from any and all liability for damage to, tampering with, or theft of the coin mechanism by any person; 3. Upon issuance of a newspaper rack encroachment permit, the City shall provide a decal identifying the periodical occupying the newspaper box, which shall be affixed to the bottom one-third of the front of the newspaper box. No logos or similar information identifying the periodical shall be allowed on the sides or the back of the newspaper racks or newspaper boxes; 3. The City shall be responsible for exterior graffiti removal, exterior maintenance, and exterior cleaning of newspaper racks and newspaper boxes. The permittee of each specific newspaper box shall maintain any coin mechanism portion of that box; 4. An annual per -box maintenance fee to be established by resolution of the City Council shall be payable upon issuance or renewal of any permit for use of a newspaper box, in addition to any application fee payable pursuant to section 11.04.070.010. B. Annual availability. The director of public works shall conduct an annual review of availability of newspaper boxes within the zone, and he or she shall provide written notification of such availability to current permittees as well as any publishers that have requested notification. The notice shall describe the location of available spaces and offer priority application to current permittees. Current permittees shall be given thirty (30) calendar days to submit applications, at which point additional applications shall be considered on a first-come, first- served basis. C. Additional newspaper rack zones. The City Council may from time to time by resolution establish other newspaper rack zones within the City and establish specific requirements or standards applicable to those zones. D. Notice of creation of newspaper rack zone. When a newspaper rack zone is established, the director shall provide written notification of the creation of the zone to publishers who currently maintain newspaper racks within the proposed newspaper rack zone, as well as any publishers that have requested notification. The notice shall include any requirement to remove existing newspaper racks, and shall offer existing publishers priority in applying for permits pursuant to section 11.04.070.010 for newspaper boxes within the new zone. Existing publishers shall be given thirty (30) calendar days to submit such applications, after which time additional applications will be considered on a first-come, first-served basis. 11.04.070.030 Newspaper rack encroachments—Use and maintenance of newspaper rack boxes. All newspaper rack encroachment permittees shall use and maintain their newspaper rack and/or newspaper box(es) in compliance with the following requirements: A. Limited Logos and Advertising. Newspaper racks and newspaper boxes shall carry no advertising or public notices, other than a logo or similar information identifying the publication. 7 B. Contact Information and Permit Number. Upon issuance of the newspaper rack encroachment permit, the City shall provide a sticker that includes the address and telephone number for contacting the permittee regarding customer complaints, as well as the permit number issued by the City. The sticker shall be displayed on the front of the newspaper box or newspaper rack at all times, and maintained in such a manner as to be readily visible and readable to a prospective customer. C. Maintenance. The permittee shall keep any coin mechanism in good repair and working order. The permittee shall make sure the logo described in section 11.04.070.030 (A) above is not peeling or cracked. The permittee shall keep the interior of the newspaper box clean and free of all items other than the permittee's periodical. For areas not within the Downtown Newspaper Rack Zone, the permittee shall keep the exterior of all newspaper racks and newspaper boxes clean and free from graffiti, stickers, dirt, rust, damage, and disrepair. D. Abandonment. Newspaper boxes that remain empty for ten (10) calendar days longer than the regular publishing interval, except for a newspaper rack remaining empty due to a labor strike or any other temporary and extraordinary interruption of distribution, will be considered abandoned and subject to removal as outlined in section 11.04.070.040. 11.04.070.040 Newspaper rack encroachments—Violations and remedies. Any violation of this Chapter shall be deemed to be a public nuisance, and may be enforced either as an infraction or as a misdemeanor, by an administrative citation pursuant to chapter 1.44 of this Code or by any other remedy available to the City under this Code, or under State law. In addition, the City shall have the following remedies: A. Removal. At the direction of the director, a newspaper box or newspaper rack deemed to be in violation of this chapter or abandoned may be removed by a designated employee of the city in accordance with this section. 1. Notice. Not less than thirty (30) calendar days prior to removal of the newspaper box or newspaper rack, the director shall give notice of the intended removal. The notice shall contain the following information: the date of intended removal; the basis for removal; information as to corrective action if any; the right to and procedure for requesting an appeal hearing to contest the removal; and information regarding retrieval of the removed property from the Department of Public Works. Notice to a permittee shall be given by posting such notice on the subject newspaper box or newspaper rack and mailing it to the publisher at the address stated on the permit. In the case of a newspaper rack or newspaper box for which no permit has been issued and/or that is deemed to be abandoned pursuant to this chapter, such notice shall be posted on the subject newspaper rack or newspaper box, and additionally shall be mailed to the publisher using that newspaper rack or newspaper box if the publisher's identity and contact information is readily ascertainable by the director from information displayed on such rack or box. The failure of a newspaper rack or newspaper box owner actually to receive notice provided pursuant to this section shall not preclude or invalidate the director's removal of the subject newspaper rack or newspaper box. 2. Hearing. The permittee, or a person claiming an interest in an abandoned newspaper rack or newspaper box, may appeal the removal of a newspaper rack or newspaper box by filing a written request for hearing with the city manager prior to the noticed date of intended removal. The request shall provide contact information for the appellant and shall state with particularity the basis for objections to the intended removal. The city manager shall schedule a hearing upon not less than ten (10) calendar days' notice to the appellant. At the hearing, the appellant shall have the opportunity to present oral and written evidence and arguments why the newspaper box or newspaper rack should not be removed. Removal of the newspaper rack or newspaper box by the director shall be stayed pending final decision of the city manager, which shall be issued in writing within ten (10) calendar days after the conclusion of the hearing. The decision of the city manager shall be final. 3. Procedures. On or after the date noticed for removal of a newspaper rack or newspaper box, if the permittee or publisher to whom a notice was sent has neither requested a hearing nor remedied the violation, or if, following an appeal hearing, the city manager has issued a final decision for removal, the director may proceed to remove the newspaper box or newspaper rack. Removed newspaper boxes or newspaper racks shall be impounded by the Department of Public Works for a period of thirty (30) calendar days and may be retrieved by their owners during that time, subject to payment of any impound fees which may be established by resolution of the City Council. Any newspaper racks or newspaper boxes not claimed during the impound period shall be conclusively deemed to be permanently abandoned, and the City may dispose of them in its discretion. 4. Emergency removal. Notwithstanding the foregoing, whenever the director determines that a newspaper rack or newspaper box poses an immediate threat or danger to the public safety, including pedestrians and vehicles, the director may cause such newspaper rack or newspaper box to be removed immediately without following the procedures for removal set forth in this subsection (A). In the case of such emergency removal, if permittee or publisher identification is clearly ascertainable from the permit or the face of the newspaper box or newspaper rack, written notice of the removal and an opportunity for a hearing by the director to contest the removal shall be provided within ten (10) calendar days following the removal. B. Suspension or revocation of permit. 1. Grounds. Any newspaper rack encroachment permit may be suspended or revoked by the director where he or she finds that: a. The permittee has violated any provision of this chapter or any condition of the permit; b. The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; c. The encroachment for which the permit was granted adversely affects the safety, capacity, or integrity of the city's right-of-way or increases the city's liability exposure; d. The encroachment is causing the city to incur substantial additional maintenance costs; or e. Material misrepresentations, omissions, or inaccuracies were made in the application for the permit. 2. Notice of hearing. The director shall give the permittee at least ten (10) calendar days written notice of a hearing on the suspension or revocation of a permit used pursuant to this chapter, setting forth the grounds for such action. The hearing shall be held within thirty (30) days after service of written notice of the hearing or at such later time as may be agreed to by the permittee. The decision of the director may be appealed to the city manager under the procedures provided in subsection (A)(2) of this section. The decision of the city manager on an appeal shall be final. 0 C. Remedies Cumulative. All remedies available to the City under this code shall be alternative to or in addition to or in conjunction with, and not exclusive of, one another. The election of remedies shall be at the sole discretion of the City. DIVISION 5: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordi- nance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 6: This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. ATTEST: ESTHER BEIRNE, City Clerk 10 GARY O. i HIYLIPS, Mayor The foregoing Ordinance No.1915 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 18th day of November, 2013 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 2nd day of December, 2013. "5 .e- �-- ESTHER BEIRNE, City Clerk RESOLUTION NO. 13641 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO AMEND THE MASTER FEE SCHEDULE TO REVISE THE FEES FOR NEWSPAPER RACK ENCROACHMENT PERMITS AND MAINTENANCE WHEREAS, the City Council adopted the latest Master Fee Schedule on February 4, 2013, by Resolution No. 13491 which contained a minor continuing encroachment permit fee in section 11.01.20, and WHEREAS, newspaper racks were previously defined as minor continuing encroachments; and WHEREAS, the Public Works Department wishes to revise the fees for newspaper rack permits, and for cleaning and maintaining newspaper racks in the Downtown Newspaper Rack Zone, consistent with Ordinance No. 1915 which is scheduled for adoption on December 2, 2013; and WHEREAS, the City Clerk pursuant to Government Code sections 66018 and 6062a has published notices of a public hearing concerning the City's proposed amendment of the Master Fee Schedule by adoption of a Resolution of the Master Fee Schedule concerning Newspaper Rack Encroachment fees. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby amends the existing Master Fee Schedule, Resolution No. 13491, Table 1, to revise the fees for processing applications for newspaper rack encroachment permits and for cleaning and maintaining newspaper racks in the Downtown Newspaper Rack Zone, as shown on Exhibit "A" attached hereto, effective on January 1, 2014. I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 18th day of November, 2013, by the following vote to wit: AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT Councilmembers: None ESTHER C. BEIRNE, City Clerk n v* D N G) C'1 z O N D Gl � m O v co r O 70 7z L/) C m n O S D N 71 m = -0 m D 41)- 00 O cOo n C r m n C n o o W O N D m z O O m D z LA 71 D O O O m� O O n (n vv'—, -) O m D rri z Z co m C n z D mr O mn N ( 77 m z (n l 1 Cl m (n O �O K C 50 m O m In S > C W m O D m - c m n�zV) O m0 70 I = S A > m Z M m 3 VI N "D z-0 D -I D C c^ D �_ O O O -1 r n c r r Z c x N O n D m N v r m W -° D m O z O z Z ,� O x D ?< < n n D z m Z c (n m Dr- z O D z n z _I oo n z c m D p z M o z Z Gl n m 0 in m LA C)Gzl T D p= n z GG) Z -D z c x -I Q c O C (") m D to m --I z m n c) m D n r _ O S �` Gl z m z O m nzzzr D �z o = m m Om m m m O -� -i cn z' a z � n m T D S V) m n Z O m N N Z --I n v* D N G) C'1 z O N D Gl � m O v co r O 70 7z L/) C m n O S D N 71 m = -0 m D 41)- 00 O cOo n C r m n C n o o W O N D m O m D z LA 71 D O N m� (D„ m E:x (n vv'—, -) O m D rri z Z co m C n z D mr O mn N ( 77 m z (n l 1 Cl m O �O K C 50 m m T S > C W m O D m - c m n�zV) O m0 70 S A > fl (^ �o C7 th 00 zoozo D 0D Gl n Gl m D D m O M O T m MM C: (n c co T m r Q rr n n O O O �o < x m C � C m m m O D O � z D 2 � S �m N S � S m N m D ;z LA v M 't < m M T O_ m z m < n mm m 3 Q m � Z `00 v Cr N M O W ` m n K O 3 ,ATTACHMENT CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING The City Council of the City of San Rafael will hold a public hearing: PURPOSE: Public Hearing: To consider a) an ordinance amending Chapter 11.04 of the San Rafael Municipal Code to add a new section 11.04.070 entitled "Newspaper Rack Encroachments" and b) a Resolution of the City Council of the City of San Rafael amending the Master Fee Schedule to revise the fees for newspaper rack encroachment permits and maintenance. DATE/TIME/PLACE: Monday, November 18, 2013, at 7:00 p.m. City Hall Council Chamber, 1400 Fifth Avenue, San Rafael WHAT WILL HAPPEN: You may comment on the proposed Ordinance and Resolution. The City Council will consider all public testimony and will then decide whether to approve the introduction of the Ordinance and adoption of the Resolution. IF YOU CANNOT ATTEND: You may send a letter to Esther C. Beirne, City Clerk, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915-1560. You may also hand deliver a letter to the City Clerk prior to the meeting. FOR MORE INFORMATION: You may contact Rebecca Woodbury, Management Analyst, at rebecca.woodbu cityofsanrafael.org or (415) 485-3076. Office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. SAN RAFAEL CITY COUNCIL /s/ ESTHER C. BEIRNE ESTHER C. BEIRNE, City Clerk (Please publish in the Marin Independent Journal on and Friday, November 8, 2013) ATTACHMENT 4 Correspondence From: Rosemary Olson [mailto: Sent: Thursday, October 31, 2013 12:40 PM To: Rebecca Woodbury Subject: Re: Newspaper Racks in San Rafael - draft ordinance Thank you Rebecca, I have two young children so getting out late on school nights is tough ... I will trust you can be my voice. The other town ordinances like Petaluma and Sonoma, had a one time transition fee. Sonoma for example had a one time fee of $250 for up to 3 boxes, none of them instituted annual fees. Let me know if you have any questions or thoughts. Thank you! Rosemary. From: Rosemary Olson [mailto: Sent: Thursday, October 31, 2013 12:03 PM To: Rebecca Woodbury Subject: Re: Newspaper Racks in San Rafael - draft ordinance Hello Rebecca, I am not sure of the other publisher comments but it is in my opinion that your box fees exceed those of other city ordinances in the region. I am going to need to reduce the number of boxes in light of the fee structure. Perhaps base it on a number of box range? Please share your thoughts, thank you. Rosemary. Rosemary Olson Publisher Bohemian From: Mike Switzer[mailto: Sent: Tuesday, October 22, 2013 9:30 AM To: Rebecca Woodbury Cc: Gary Kidwell Subject: Draft Ordinance Rebecca. I re, iewed the draft ordinance you have put together and found it to be pretty reasonable. 'A -hat I didn't see (perhaps I missed it) ,vas the protocol for assigning the racks in the dmNnto,vn area. It is a limited number and there could be more publications requesting space at an-, specific location than there are spaces to give. ATTACHTNIENT Some municipalities have assigned a priority list (local over national, daily over weekly, paid over free, etc.) and others have held lotteries for the spots. You should also consider a procedure for publications who want to get in a bank of racks when there aren't any open spots. Are they assigned to a "waiting list" for the next available spot? Given the declining importance of newspaper vending machines to the "paid" newspapers, you may not have to deal with this issue at launch, but it would seem smart to address it now, so you don't have to deal with it later on when it might come up. Thanks for sharing these documents with us. Mike Michael Switzer Single Copy Manager Bay Area News Group 4000 Executive Parkway, Suite 200 San Ramon, CA 94583 Bay Area News Group: Reaching 2.7 Million Adults Weekly San Jose Mercury News Contra Costa Times Oakland Tribune The Argus Daily Review East County Times Marin Independent Journal San Mateo County Times San Ramon Valley Times Tri Valley Times West County Times From: OPEN EXCHANGE MAGAZINE[ Sent: Friday, September 20, 2013 1:21 PM To: Rebecca Woodbury Subject: Re: San Rafael Rebecca -- Thank you for your inquiry. OPEN EXCHANGE will not be participating in the city of San Rafael's newsrack program wherever a fee or permits are required. Please contact Gary Kidwell of Bay Area Newsgroup for general information about removal of abandoned pedmount boxes. All our best, Bart & Janet ATTACH.MEAT From: Bob Heinen [mailto: Sent: Tuesday, September 10, 2013 10:00 AM To: Rebecca Woodbury Subject: Re: Newspaper racks in San Rafael Hi Rebecca, Thank you for setting up the meeting with public works and our city manager last week. The map you were able to create with Google was extremely helpful. I have reviewed the proposal for racks in the downtown area with my circulation manager. It looks like we are losing 5 rack positions. We are in 9 of the ten proposed racks. My preference is that we could be added to the rack position in the cement structure at 4th and C Street. Then we would have a total of ten racks. Our net loss of rack positions in this downtown area would be 4 instead of 5. In regards to the proposal for fees, the first year it looks like we would pay an application fee of $250. The fee for each box would be $35. If I understand this correctly, our first year expense would be $600. The following year the application fee goes away and the annual box fee would be $350 (10 boxes x $35). There was uncertainty as to who owns the boxes and repair of the boxes. If the city owns the boxes which is what it looks like, then the city should be responsible for maintaining the boxes. If the proposal ends up where the city maintains the boxes, by removing graffiti and repairing damaged boxes, if for example due to being hit by car or being vandalized, then I can support this plan. As I understand it, the Pacific Sun would be responsible for maintaining the door to the box, by replacing the broken plastic cover door. I would like to see the enforcement provisions of this new rack policy and the boundaries of the district. I presume that any new free standing rack would have to be removed immediately by the city if the publisher did not cooperate. This looks like a good plan and it will definitely help to clean up the old racks that are on the streets. Let us know if you would like more feedback. As I understand it now and with my suggestions above, we are in support of your plan. M• From: Mike Switzer [mailto: Sent: Tuesday, August 27, 2013 12:28 PM To: Rebecca Woodbury Cc: Gary Kidwell Subject: News Rack Meeting Rebecca, ATTACHMENT I am glad to see that you have set up a meeting with the newspapers. Unfortunately I will be out of the office on September 4. Gary Kidwell will represent our newspapers. I am sorry to see that the City plans to impose a $35 annual fee for each rack in the public right of way. I don't see the need for such a large fee since the newspapers are responsible for installation and violation abatement. Additionally, this will be a huge concern for many of the publishers who are already working hard to stay in business during this very difficult time for the newspaper industry. I suspect it will be a major topic of conversation at the meeting. Good luck and we look forward to working with you on this project. Mike Michael Switzer Single Copy Manager Bay Area News Group 4000 Executive Parkway, Suite 200 San Ramon, CA 94583 4 � ATTACHMENT 5 Before After CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 5.a DATE OF MEETING: November 18, 2013 FROM: Rebecca Woodbury DEPARTMENT: City Manager DATE: November 7, 2013 TITLE OF DOCUMENT: 1. Consideration of an Ordinance Amending Chapter 11.04 of the San Rafael Municipal Code to Add a New Section 11.04.070 Entitled "Newspaper Rack Encroachments". 2. Consideration of a Resolution to Amend the Master Fee Schedule to Revise the Fees for Newspaper Rack Encroachment Permits and Maintenance. Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA IT -,M': 2L� City Manager (sign6tured) NOT APPROVED REMARKS: APPROVED AS TO FORM: City Attorney (signature)]