HomeMy WebLinkAboutCM Newspaper Rack Ord 1915CITY p,
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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
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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
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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;
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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.
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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
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,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)]