[11:09] [SIDE CONVERSATION] [11:23] Thanks for dinner. [11:24] That's what I wrote. [11:26] Well, just say, I'm fluent in Danish, [11:28] and I'm going to be responding. [11:29] [LAUGHTER] [11:32] I don't know many Danes. [11:33] [LAUGHS] [11:34] You do now. [11:36] Yeah. [11:37] That's right. [11:38] All the Mexicans call me vikingo, which means Viking. [11:43] Viking, yeah. [11:44] Yeah, I guess. [11:46] I'll have to get up to speed on my Danish slang. [11:50] Yeah. [11:52] Your Danish slang. [11:53] My Danish slang. [11:57] So, everybody, the pizza is there [11:59] if you'd like to grab a piece. [12:01] Or why don't we get started, then one by one, [12:03] we can go get it? [12:03] It's just for a few minutes, I guess. [12:09] Oh, I saw the pictures on this. [12:10] Yeah. [12:12] Is it that big a deal, though? [12:14] Oops, I'm on-- [12:49] We're going to start getting ready. [13:00] Recording in progress. [13:03] Good evening. [13:04] Welcome to the regular session of the Martinez City Council. [13:08] I'd like to officially call this meeting to order. [13:10] It is Wednesday, August 5, and it is 5:35 PM. [13:14] City Clerk, please call the roll. [13:16] Council Member Jay Howard. [13:19] Present. [13:19] Council Member Greg Young. [13:21] Present. [13:22] Council Member Debbie McKillop. [13:24] Present. [13:24] Vice Mayor Satinder Malhi. [13:26] Present. [13:27] Mayor Brianne Zorn. [13:28] Present. [13:30] Great. [13:31] Thank you so much. [13:32] All right, we only have one item on the agenda this evening. [13:38] If it's OK with everyone, I will hold public comment [13:41] until after we have the presentation from staff, [13:44] and then we'll give the public an opportunity [13:46] to comment on the presentation that we received. [13:48] So with that, we'll go right into our study session. [13:51] Conduct a study session to discuss potential updates [13:53] to the city's development impact fees [13:55] and provide direction to staff. [13:57] Mike, would you like to-- [13:58] Michael, would you like to kick off this meeting for us, please? [14:01] Great. [14:02] Good evening, Mayor and members of the city council. [14:04] As you indicated, Mayor, before you this evening [14:06] is a study session on potential updates to our development [14:10] impact fees. [14:11] I would like to make sure that it's pointed out [14:13] that this has been an interdepartmental effort that [14:16] includes representatives from the City Manager's Office, [14:19] Community and Economic Development Department, [14:21] Public Works Department, Finance Department, [14:25] as well as our esteemed consultant team. [14:29] I would like to turn over the presentation this evening [14:33] to Megan Gregory, who's with Economic and Planning [14:36] Systems, who's been our support on bringing this item before you [14:40] this evening. [14:41] So thank you very much. [14:43] Good afternoon. [14:45] As Mike mentioned, my name is Megan Gregory [14:47] from economic and planning systems. [14:49] I'm also joined this evening by my colleague, Typhian Rice [14:53] Evans. [14:54] And we have conducted a development impact fee [14:58] update and technical analysis. [15:01] Let me-- there we go. [15:03] A brief overview for our presentation this evening, [15:07] we will provide some context for the nexus study, [15:11] describe the approach we used when calculating and completing [15:15] the technical analysis. [15:16] We'll go over the results of that analysis [15:19] and then present those results in the context [15:21] of some nearby jurisdictions so you have a point of comparison [15:26] for where these proposed fee levels might [15:29] fall with your neighboring jurisdictions. [15:32] And then we'll discuss next steps, questions, [15:35] and potential policy directions. [15:39] A nexus study update allows the city [15:42] to refresh the list of capital improvements, the projects that [15:46] are covered by these fees. [15:48] You can also update the project costs [15:51] based on new information, revised project descriptions, [15:55] as well as conforming to recent legislation, such as AB 602. [16:02] Additionally, we can reflect updated growth forecasts [16:06] from recent plans, such as-- [16:08] I believe the housing element was [16:10] one of the primary sources used in this analysis. [16:16] An intro to development impact fee fundamentals. [16:20] Development impact fee is a one-time fee on new development. [16:24] It can fund infrastructure and capital facilities, [16:27] capital improvements as well, and only funds [16:31] the proportional share of capital improvements [16:34] required to serve and accommodate new development. [16:37] It cannot fund existing deficiencies or operations [16:41] and maintenance that are ongoing within the city. [16:45] We established these fees based on a nexus study and a capital [16:49] improvement program. [16:51] This identifies the link between new development [16:54] and these capital improvement needs, the proportionality [16:58] of the costs that are allocated to go into the fee program, [17:03] as well as what we plan on using the fee revenues for. [17:08] Here is a list of the existing fee categories that the city has [17:14] and is charging for development impact fees, [17:16] as well as the proposed fee categories in the update. [17:21] These are largely similar, with some minor changes, [17:25] like expanding cultural facilities to include [17:29] public art, and some larger changes, which [17:32] include removing the child care fee because the city has [17:39] no plans to add additional child care facilities, [17:43] as well as adding a marina waterfront infrastructure fee [17:46] category as part of implementation of the Trust Land [17:51] Use Plan. [17:55] Here is a list of the costs that were sourced from adopted plans, [18:02] such as the five-year CIP and that Trust Land Use [18:05] Plan that we are allocating to growth [18:10] and including in the fee program for each of the improvement [18:12] categories. [18:15] And using these costs, we can then [18:17] allocate it to both residential and commercial development, [18:21] resulting in these levels. [18:26] These fee levels can be adopted at a lower level. [18:31] However, we're presenting the full cost recovery level here, [18:35] which includes all of the costs that are allocated [18:38] to growth in the fee program. [18:41] Fees cannot be adopted at higher than these levels, [18:44] excluding annual adjustments for inflation. [18:50] AB 602, which I mentioned earlier, [18:53] requires that jurisdictions charge residential development [18:57] impact fees on a per-square-foot basis [19:00] to account for the relative impacts [19:02] that different-sized units may have. [19:05] Therefore, we do convert both single-family [19:07] and multifamily residential fees from a per-unit fee [19:11] to a fee per square foot. [19:15] This conversion is using recent development examples [19:20] from the city to get an average unit size. [19:28] In addition to calculating the fee levels, [19:31] we also collected information on development impact fees [19:35] in the three nearby jurisdictions, Hercules, [19:37] Benicia, and Concord. [19:40] The fee comparison considers development impact fees, [19:43] such as parks, art, capital facilities. [19:46] It doesn't include permitting fees or utility connection fees, [19:51] as those tend to vary a little bit more [19:53] and aren't covered as part of the larger Mitigation Fee [19:58] Act that development impact fees are covered by. [20:04] EPS Quantified fees for typical single-family homes, [20:08] multifamily, and office projects. [20:10] Due to the variety of fee types, we summarized some fees into-- [20:17] cultural facilities, public art, and public facilities [20:20] were summed up into a civic facilities category. [20:23] And then police and fire fees were summed up [20:26] into a public safety category. [20:30] So here, we are showing the single-family fee comparison [20:35] on a per-unit basis. [20:36] We include the existing fee levels that Martinez currently [20:41] has, as well as the calculated full cost recovery [20:46] fees in comparison to these other jurisdictions. [20:50] And are the other jurisdictions-- [20:52] are those numbers based on full cost recovery? [21:00] I don't know exactly where policy decisions might have [21:04] been made in the fee levels. [21:06] They're publicly charged fees. [21:09] OK, thank you. [21:10] But just to clarify, the numbers on the far right [21:13] under Benicia, Hercules, and Concord, [21:16] is that existing or full cost? [21:19] That's what I just said, I think. [21:21] Yeah, their existing fees is what a project would be charged. [21:25] I think we can safely make the assumption that they're not [21:29] full costs because likely they're not-- [21:32] haven't been updated for some period of time [21:35] for each of the jurisdictions. [21:37] And just to clarify, the staff report [21:40] does say that the point is that the nexus [21:42] study is supposed to tell us what the maximum would be. [21:46] And then we have the authority to make that choice. [21:48] So we can assume that the other councils probably also [21:50] didn't do full cost recovery. [21:54] Since we're pausing, I do have one question, though. [21:57] I guess Concord is the best example. [22:01] It only has two fees here. [22:04] Are there other fees that don't align with ours, [22:06] or do they only have the two fees? [22:09] These are the only two development impact fees [22:12] that we identified Concord as having. [22:15] They may charge permitting fees or other fees that [22:20] aren't considered development impact fees that [22:22] aren't included in this comparison for any [22:24] of the jurisdictions. [22:29] So Martinez currently is falling in the range [22:34] for single-family fees. [22:36] And I can actually move to the next slide. [22:39] This provides a good graphic representation [22:42] of the comparison of where Martinez is currently falling [22:46] and where it would fall if the full cost recovery [22:49] fees were adopted. [22:53] Let me see. [22:56] And here is a similar table for the multifamily fee comparison, [23:01] which generally multifamily fees are [23:05] less on a per-unit basis than single family [23:08] but have a similar distribution to single family [23:11] in terms of the fee categories. [23:14] So once again, here is a similar place [23:17] where Martinez falls currently and where [23:19] they would fall within the range of the jurisdictions. [23:26] Finally, for office fees, we see Martinez [23:29] falling in a similar place. [23:33] What's most different, possibly, for office fees is [23:37] that Benicia and Concord only charge a transportation impact [23:40] fee on their office development, whereas Martinez and Hercules [23:45] charge additional impact fees on office. [23:49] The fee levels are relatively similar, if not less, [23:54] in Martinez and Benicia compared to Hercules and Concord. [23:57] It's just how those facility improvements are allocated [24:02] within that overall fee amount. [24:09] Then to wrap things up, we have some questions for council [24:14] that the city staff and ourselves have put together, [24:20] looking at how the city should potentially benchmark [24:24] those impact fees, how changes and updates to those fees [24:27] might be phased, as well as support [24:31] on some of the changes proposed within this fee update. [24:44] Megan, please proceed with the presentation, [24:46] and we'll circle back to this. [24:49] Yeah, so that wraps up our presentation. [24:52] And so we'll go to the city for questions. [25:05] Is this questions now? [25:07] OK. [25:08] Can you go back to the Questions page? [25:15] Would you mind speaking to the last three bullets? [25:18] I don't feel like those last three [25:20] bullets were talked about in your presentation at all. [25:22] Can you clarify them, why you're asking us about it [25:25] and what your recommendation is? [25:30] Or is that a staff question? [25:32] It could be. [25:32] It might be a staff question in terms of those-- [25:36] So I can speak a little bit to the last few fees. [25:40] So if you don't mind, I can just quickly [25:44] go through each of the questions. [25:46] That might actually be easier. [25:47] Yeah, that's even better. [25:48] Thank you. [25:48] So the first question is, what should the city [25:53] use as a benchmark for our impact fees? [25:56] Should we be in the top, middle, or lower end [25:58] compared to our peer jurisdictions? [26:01] For context related to that question, so as you know, [26:04] there's only so much housing that is reasonably going [26:08] to get built by market demand. [26:11] And typically, when individuals are developing homes or office [26:18] construction, they're oftentimes looking from a profitability [26:26] standpoint. [26:27] And so usually, developers will look in a given region and what [26:33] profit they stand to make in Martinez [26:36] compared to some of our surrounding jurisdictions. [26:39] So from a incentivization standpoint, [26:43] the city could choose to say we're lower than X or Y [26:48] jurisdiction, so we have the ability [26:50] to market that we're incentivizing development [26:54] above and beyond our neighbors. [26:57] For the next question, this will largely [26:59] depend upon the first question, but it's, [27:03] how should development impact fee updates be phased? [27:06] Should they be 75% the first year [27:09] and 25% the subsequent year, like what [27:13] we've done with our other user fee schedule updates? [27:17] Or should that happen all at once? [27:20] This is really going to be dependent upon the direction [27:22] we're provided as the first item. [27:25] If we keep our fees similar to where they're [27:27] at or lower our fees, that would not be an applicable question. [27:31] If we do increase our fees or certain fees, [27:34] we have the ability that we could increase that [27:36] all at once or at a later time. [27:40] For the third bullet on whether or not [27:44] the city council supports eliminating childcare fees, [27:48] Megan alluded to this as part of the presentation. [27:50] The city has no plans in place for adding childcare facilities [27:55] that the city would be managing or maintaining. [27:58] So the question is, do we want to eliminate that fee, [28:02] at least for the time being, until such time we [28:05] would have plans to potentially use that in the future? [28:09] For the fourth bullet, it's a question on whether or not [28:14] the city council supports expanding [28:16] the cultural facilities fee to include public art. [28:20] And for a little bit of context for that, [28:22] I worked with the interim finance director, [28:25] and we pulled information on what our current fee [28:28] balances are. [28:29] And for our cultural facilities fee, [28:33] we have about $750,000 that are available. [28:37] And so this would provide an opportunity [28:40] where there's a little bit more flexibility [28:42] with other types of projects for how those funds could be used. [28:47] And then the final bullet point, which is probably [28:50] one of the more meaty discussion points [28:52] where we're seeking direction from the city council, [28:56] is if the city council supports reducing or waiving development [29:01] impact fees for ADUs over 750 square feet [29:07] for deed-restricted affordable units or other categories? [29:11] And to what extent do you support reducing or waiving [29:14] fees? [29:15] This is really where staff and the consultant team [29:18] are seeking direction for what types of projects [29:22] you want to specifically target to have built in Martinez. [29:26] For a little bit of additional context for that, [29:30] as part of state legislation, ADUs [29:34] that are less than 750 square feet [29:36] already do not pay development impact fees. [29:39] So this would be, do you want to extend [29:41] that for slightly larger ADUs? [29:44] Additionally, the conversation about, [29:46] do we want to do something to incentivize [29:49] deed-restricted affordable units? [29:51] As the council is inevitably aware, [29:54] affordable units oftentimes are associated [29:57] with a mixed-income project, where the market rate [30:01] project-- excuse me, the market rate units [30:04] are subsidizing the affordable units. [30:07] And this could be a way to reduce [30:09] what that subsidization potentially is, [30:11] as well as a way to potentially help [30:14] the city reach our regional housing needs allocation. [30:17] Or alternatively, if there's other categories, it may be, [30:22] again, at the council's discretion. [30:26] And then finally, giving us a little bit of direction [30:28] on to what extent we want to reduce or waive fees [30:32] so that we can prepare information [30:34] to incorporate that as part of the user fee schedule update. [30:38] The last thing I'd like to add, and it's not a bullet point, [30:41] if there's any additional comments or direction that [30:44] relate to these general questions, [30:46] this would be a good time, at the end of the discussion, [30:49] for the council to provide direction to staff [30:51] and the consultants as well. [30:54] And Megan and I are available for any additional questions [30:57] that you may have. [31:00] Thank you for walking through each one of those questions. [31:04] I wanted to ask a quick question, [31:06] and then I'm going to let the other council ask [31:09] their questions, and then we'll circle back. [31:11] So the cultural facilities fee, I [31:15] know this has been something that's come up in my meetings [31:17] with the city manager before. [31:20] There is a specific list of things [31:23] that qualify for the cultural facilities fee. [31:26] Has that in the past been defined by the city of Martinez, [31:29] or is it defined by the state? [31:30] How much flexibility do we actually have with that? [31:33] It was included as part of the previous nexus [31:36] study for what types of projects could be included. [31:41] I think it's important to note the intention of what's [31:44] going to transpire is after we get direction tonight, [31:48] we'll come back at a future meeting with a public hearing. [31:52] As part of that public hearing, there [31:54] will be adoption of the nexus study, [31:57] there will be approval of what the development impact [32:01] fees will be, and there will be some code amendments. [32:04] And so there will be some ability [32:06] to provide clarification for what types [32:08] of projects, both in the nexus study as well [32:10] as part of the code. [32:12] And if I could jump in as well on that point, [32:14] there will be a distinction drawn between the monies that [32:16] were collected under the prior nexus study and monies [32:19] to be collected after if and when [32:21] the council adopts a new nexus study. [32:23] If we expand it to have a broader [32:25] focus on public art and cultural facilities, [32:28] that broader expansion to public art [32:30] would apply to new monies collected under the new nexus [32:33] study. [32:33] The existing funds collected would [32:35] be bound by the prior nexus study [32:37] within the bounds of what was previously in that prior nexus [32:40] study. [32:41] And can you please remind me what's [32:43] included in cultural facilities, our library, senior center? [32:46] Library, senior center. [32:48] And the train depot. [32:49] And the train depot. [32:50] So just those three facilities? [32:52] OK. [32:53] Yeah, and even in the CIP that you recently adopted, [32:58] monies have been spent on the old train depot recently. [33:02] And funds were put into the senior center. [33:06] And we could always revisit that with additional funding. [33:09] But we did put-- [33:09] I think it's $250,000 was moved into the senior center [33:13] to replace what had been general fund money before. [33:16] And we had talked about using cultural facilities [33:19] money for a potential stage. [33:21] So we're not 100%, or am I talking about the wrong thing? [33:25] No, there was for waterfront stage. [33:27] And so there's some context within the past nexus study that [33:31] would have allowed for that, but obviously, [33:33] because of the waterfront plan development, [33:35] we are able to free up that money for other uses. [33:38] And it's been the old train depot and the senior center [33:40] so far. [33:41] OK, thank you. [33:41] I just want to make sure that we provide you the guidance that [33:43] gets us to where we want to go. [33:45] And I'm excited about the potential for-- [33:47] I think it's because of the amphitheater. [33:48] That's why. [33:49] Amphitheater was listed as-- [33:51] Oh, it was one of the facilities. [33:52] --or whatever in the old nexus study. [33:54] So that's why the stage would have qualified. [33:56] Great. [33:56] And, Debbie, did you have questions? [33:57] You can kick us off. [33:58] In the current attachment under cultural facilities [34:01] and public art, is that the proposed? [34:04] Because there's nine different projects [34:08] listed under cultural facilities and public art. [34:14] Will you clarify? [34:15] I'm sorry. [34:16] What are you looking at? [34:17] The attachment that actually states what [34:19] these monies can be used for. [34:21] Attachment B? [34:24] Yeah. [34:24] So yes. [34:25] So as Megan indicated, as part of the presentation, [34:28] we took existing plans that were in place and capital [34:33] improvements that are envisioned as part of those existing [34:37] adopted plans and, from that, compiled [34:40] the list that's included in the attachment, which [34:42] will be used as part of the nexus study [34:45] for the calculation of what the maximum fees could be. [34:51] Thank you for calling that out because there are [34:53] additional ones that called in. [34:55] So this would be part of the nexus study. [34:57] So it would give us even more projects to work on. [35:00] OK, thank you. [35:04] Oh, but that is a good point now that I'm looking at this. [35:06] So there isn't a line item under cultural facilities [35:09] and public art for just general public art, though. [35:13] Do we need to add that if we-- [35:15] So what we would ask is if you give the direction to expand [35:19] the scope of that fee, staff and the consultant [35:22] will work to make sure the nexus study is designed [35:24] to allow that to occur. [35:34] Sorry, I didn't have my microphone on. [35:37] Just in general about the fees, so you [35:41] had asked about-- hang on. [35:44] Let me go back. [35:45] So we're just taking the first question, the first question [35:49] about benchmarking. [35:53] Let me go back to that because I just took that off my screen. [35:56] Hold on. [35:58] Looking at the benchmarks that you've provided, [36:01] they seem very, very different and very broad. [36:06] So, for instance, I wouldn't want [36:07] to adopt one particular city, like Benicia or Hercules [36:10] or Concord, because those allocations seem way off [36:15] from what we're proposing. [36:17] So I'm not exactly sure. [36:18] When you say benchmarking, in what capacity? [36:24] I think the goal of that question is-- [36:27] the intention is not, at today's meeting, [36:29] to say, we want to charge X number for projects, [36:32] because I think if we do that, we'll get five [36:34] different directions on that. [36:37] I think the goal is, generally, where [36:41] do you want the city to align? [36:43] And then part of the discussion about some of the other items, [36:47] there may be direction that's provided that there's [36:51] more of a priority for emphasizing one of the fees [36:55] that we have over others, reducing some, keeping [36:59] some the same, based on those priorities of the council. [37:05] OK, great. [37:06] So with that said, I just want to call out public safety. [37:12] In comparison to other cities, it seems still somewhat low. [37:17] And I know there's only two projects right now [37:19] for public safety. [37:21] It's an enhancement of the police department [37:23] and I think vehicles. [37:25] And say, in comparison to something else which was quite [37:30] high, parks and recreation, which is over $9,000, [37:33] and the parkland dedication, which is $6,000, [37:37] it just seems like we should take a look at the public safety [37:40] component and see if that seems reasonable to the council [37:44] and if there's any other projects that we want to look [37:49] at to support public safety. [37:54] If that's the direction, staff can [37:56] work with the chief of police to identify [38:00] if there's any additional plans beyond what's [38:03] been identified that may or may not have been codified yet. [38:08] What I would like to make a minor clarification, [38:13] there's actually three projects that [38:15] are included for public safety. [38:17] The third is securing parking as well. [38:22] OK, thank you. [38:23] Thanks So one of the questions I have [38:26] in looking at some of the projects, [38:28] under the parkland dedication, I know [38:31] there was a category called acquisition, land acquisition. [38:34] We've done a lot of that already, [38:36] so I wasn't sure which acquisition [38:37] we wanted to-- what other parks we want to acquire. [38:40] We've acquired Alhambra Highlands [38:42] and have a new park in Martinez as well. [38:46] And then enhancing the dog park was on there. [38:48] And I know that there was some concern about the dog park, [38:50] whether or not that was a legit location. [38:54] And then the last one was the waterfront stage. [38:56] And I didn't realize we were investing [38:58] any money in the amphitheater, or is this something different? [39:05] You guys are looking at me like, what? [39:07] The waterfront stage I was talking about [39:09] was part of the original discussion in the Trust Land Use [39:15] Plan to have a stage, and it predated the waterfront project. [39:19] Yeah. [39:20] OK. [39:20] OK, got that. [39:22] OK. [39:24] So I was just going through all the different projects [39:28] under the different categories and looking at them [39:30] to determine, is there any place where [39:34] there's any more room for public safety allocations? [39:37] I just called that one. [39:38] There's others just in looking at some of these things. [39:43] Can I clarify your question? [39:45] Are you asking to make the public safety fee higher or just [39:53] list more projects that would qualify for those fees? [39:57] So at this time, I would like to make sure [39:59] that we are fully evaluating all the needs of public safety [40:03] because to me, public safety is really [40:05] number one in our community. [40:08] We just celebrated National Night Out last night. [40:10] And we celebrated all of our first responders [40:13] and the amazing job that they do. [40:15] And I know that it's a very challenging job, [40:17] and there's always a lot of resources that they need. [40:19] So I would want to make sure that this [40:21] is an opportunity for Chief White [40:23] to vocalize anything that he feels he may need to improve [40:27] our police department. [40:28] And this would be a time where we can maybe add a project [40:31] or do something that maybe we aren't aware of [40:34] and then maybe make some fees somewhat higher in that area [40:40] to accommodate some of the projects [40:41] that public safety may be needing or facing. [40:44] That's just what I'm just shouting out [40:47] because I think that we should just [40:48] take a deep look at public safety [40:50] when we have an opportunity to do so. [41:01] So I actually was looking to get some clarification [41:04] on one of the other questions that you referenced, [41:08] if that's OK, on the childcare. [41:10] Can I ask about that? [41:11] OK. [41:12] So, Michael, do I understand correctly that-- [41:16] so we currently have an allocation for childcare fees. [41:20] But if I understood you correctly, [41:24] we don't actually run any childcare facilities. [41:28] So it closed two years ago. [41:30] So the question is, how much money have we collected? [41:35] And what is its status? [41:37] It's pretty minimal. [41:38] We have about $8,000 that is available in that fund. [41:42] And so that would be something that we [41:44] would need to go through the process-- [41:46] if the fee is eliminated, we would [41:48] go through the process of refunding [41:50] that balance and start collecting going forward. [41:53] OK. [41:54] We couldn't reallocate it to another bucket, if you will? [41:58] No. [41:58] No? [41:59] All right. [42:03] So along those similar lines, just [42:06] for my personal edification, when we bring on a new housing [42:13] project, for instance, permitted, built out, [42:17] what have you, what, if any, recourse is there [42:24] for impacts on our schools? [42:28] Is there anything in any of this that we [42:30] collect that helps them offset some of the impacts [42:35] that they incur? [42:36] So there are school fees that the individual school districts [42:39] collect on construction as well. [42:41] We don't have authority over that, [42:43] which is why that's not included as part of this nexus study. [42:46] Oh, OK. [42:46] Got it. [42:47] But there is something that does get collected. [42:50] OK, well, that's somewhat reassuring. [42:53] What I would also add to that is by having more units constructed [42:59] and having more residents, we in turn [43:01] are increasing property values and property taxes [43:05] and having more people with sales tax purposes, [43:08] which in turn has other intrinsic benefits [43:12] for the school district as well. [43:14] OK, got it. [43:15] Yes. [43:16] OK, thank you for that clarification. [43:18] That is helpful. [43:21] So just jumping back then to the first question, [43:25] I think I agree with Council Member McKillop [43:30] as far as a need to thoroughly evaluate where the need is [43:36] and if there is an opportunity to further support PD. [43:43] We understand that we're certainly not where [43:46] we want to be with our staffing and what have you, [43:49] but if there's other things that we [43:51] can do to help support their mission, [43:54] I think that's worthy of additional discussion. [44:00] With respect to the question, though, my general sense [44:05] is that we, collectively, all of us, [44:10] have been working in earnest to overhaul our zoning [44:15] over the past many months. [44:17] We still have some more work to do, as you well know. [44:21] But essentially, from my vantage point, [44:24] I'm looking at this as part of a broader toolbox. [44:28] What can we do to encourage more investment development [44:36] in the community? [44:38] And there's a lot, like you said. [44:40] You referenced, I believe, market forces [44:43] in the presentation. [44:45] We have very little control over those market forces. [44:49] So the parts that we do have control over, [44:51] such as what we're looking at here as far as impact fees, [44:55] I would want to try and make it so that it [45:00] continues to be an incentive to bring [45:05] in that additional investment. [45:06] So I think in that low to middle tier, I think, [45:11] is most appropriate right now from where [45:15] I'm sitting because I'm looking at it not in isolation. [45:21] I'm looking at it as part of a broader initiative. [45:25] What other pieces have we been working on? [45:27] So when you take the zoning, for instance, [45:30] that's going to take time to bear fruit because we've been [45:34] doing that here along the way. [45:35] That was a huge overhaul after how many decades? [45:38] I mean, some of the codes-- [45:40] correct me if I'm wrong-- [45:41] they were really outdated. [45:43] And that was one of the things that-- at least some [45:46] of the feedback that I have received from folks [45:49] is Martinez has not historically been a place where [45:54] people want to come and invest. [45:56] Some of it is because of market forces, but then some of it [45:59] is also because of policies that past city administrations [46:03] have adopted. [46:04] And so now, given where we are at this critical junction, [46:10] I think we need to tread cautiously. [46:15] And if I'm looking at comparison cities, [46:17] I'm looking at it as not Benicia, Hercules. [46:22] They're a little bit more similar in population. [46:24] Then Concord's just a whole beast unto itself. [46:30] I don't think there's an accurate way for us [46:33] to benchmark against personally. [46:37] So those are just some general thoughts that I have [46:41] as it pertains to that first question. [46:43] I hope that's helpful. [46:45] And then I would be remiss if I failed to point out we're [46:48] looking at our regular standing session tonight. [46:52] Census tracts, opportunity zones, [46:54] that's an additional tool in the toolbox. [46:57] So I want to be able to be cognizant of we need [47:03] to be holistic In our thought process [47:11] here, if that makes sense. [47:14] Thank you. [47:15] Thanks. [47:16] I just want to make a comment. [47:19] You both have talked about the first bullet, [47:21] and I just want to provide my little input [47:24] on the very last bullet about reducing or waiving fees. [47:27] I very much appreciate the comments about the public safety [47:32] fee, but I want to provide a little bit of input [47:36] from conversations that I had with other cities at the Cal [47:39] League of Cities Conference last year. [47:42] I spoke to a mayor from a city who [47:44] had had several really great housing projects built. [47:48] And I said, how did you do this? [47:49] How did you attract people? [47:50] And he said, we waived development fees. [47:53] And so I just want us to be mindful that development impact [47:57] fees might be something that is one of the ways [48:00] that we can absolutely flag to people that we're [48:03] interested in attracting projects. [48:05] And so we could both, simultaneously, benchmark [48:10] ourselves at the middle or lower, but we could also say, [48:13] this is where we want our fees to ultimately be, [48:16] but on the short term, we would like to reduce or waive [48:18] fees for various categories. [48:20] And we can talk about that of what that means, [48:23] or we could tie it to our housing element [48:25] because that expires. [48:26] And this one does, at least in 2031. [48:29] And so if we're trying to really spur those 1,345 housing units, [48:37] maybe that's the way to go. [48:38] So I just wanted to say that so people can think about-- [48:41] that those are two different ideas, [48:42] and they can both exist at the same time. [48:47] Mayor, do we have flexibility project [48:50] by project in how we apply our fees? [48:52] Do we know that? [48:53] That's a question for Michael. [48:54] I don't know. [48:56] So we do need to apply fees consistently. [49:01] So you can say types of projects that you want to incentivize. [49:06] And as long as there's ways that you're [49:09] distinguishing that-- so you could prioritize [49:12] multifamily projects. [49:14] You could prioritize projects that [49:16] have a certain percentage of affordable units. [49:19] You could prioritize multifamily projects of a certain size. [49:24] There's utmost flexibility. [49:26] You also have the ability that you [49:28] could lock in fees for projects that are already going-- [49:34] have already received entitlements so that there's not [49:37] a change beyond what they previously were envisioning. [49:41] And this would be something going forward [49:43] for new projects that are submitted. [49:46] And then finally, throwing out another option-- [49:48] I mean, there's many, many options [49:49] of how the council could choose to go [49:51] about this-- you could incentivize this for the first X [49:56] number of units that come in, rather than it [49:59] being an open-ended provision as well. [50:02] And when I was asking you about this last week, one [50:05] of the other questions I said, I said, [50:06] could we tie it to the opportunity sites [50:09] that were called out in the housing element? [50:11] Because remember, we had-- [50:12] I don't know. [50:13] Would you say 60? [50:15] 20? [50:16] I don't remember the exact number, [50:17] but there are many, many housing element opportunity sites. [50:21] And they're marked on the map throughout the city [50:23] of opportunity sites. [50:26] It's a very different category than what he just mentioned, [50:29] but that's an option, too. [50:34] Would you like to go? [50:35] I just don't even know where to start. [50:40] Yeah, it's a lot of moving parts. [50:48] I want us to be attractive to development. [50:56] I want us to stop always being the low-cost leader. [51:08] Looking at the fee comparisons, you [51:14] think about, if we're talking about housing, [51:20] more people are going to affect transportation. [51:23] More people are going to require more around public safety. [51:27] And so just looking at this in the comparison, [51:30] I still think it's an apples to oranges comparison [51:34] because different cities, and it's not [51:37] calculating full cost recovery. [51:41] We appear to be low and trailing. [51:45] So I definitely want to make us competitive with impact fees [51:59] but not to the extent where it makes us less attractive. [52:06] So this is definitely going to be something [52:10] that has to be nuanced. [52:13] And the mayor just brought up waiving. [52:18] I don't know why I just cringed with waiving impact [52:23] fees because it's just that to me, I mean, [52:25] we're losing revenue, or that could potentially [52:29] be putting more pressure on our general fund. [52:33] So I don't have an answer. [52:37] This just seems it's going to have to be nuanced. [52:43] But I guess what oftentimes frustrates [52:47] me is that in situations like this, we're always lagging. [52:53] And we've got to get to a point where we're competitive [52:57] and not giving away the store. [53:04] I really appreciate your report. [53:06] Just for everybody's edification, Michael, [53:08] can you remind me why we're not using [53:10] Pleasant Hill as a comparison? [53:14] So the consultant team actually originally [53:16] pulled information for Pleasant Hill, but it was so dissimilar. [53:20] And the reason it was so dissimilar [53:21] is their entire structure is different than the other cities. [53:25] They have a special district that handles all of their parks [53:29] and recreation components, which is a major component [53:32] of our current fee structure. [53:34] So there was no ability to do an apples and apples [53:37] comparison since there are multiple entities involved. [53:42] And then also, remind me, because it [53:44] seems like we're closest in fees for the single family [53:49] fee per unit to Hercules, why are we [53:51] so close or similar to them? [53:55] Or are we? [53:58] I don't think there's necessarily [54:00] a reason for why we're similar to Hercules. [54:03] I think it's just that we currently [54:04] are based on previous decisions that both councils have made. [54:09] OK. [54:10] So it sounds like these are the questions you're [54:14] looking for help on, right? [54:16] So if I just go through those, I would [54:20] like to be in the low to middle comparatively to our peers. [54:28] I would like to use Hercules just [54:30] because I think they're very similar to us, [54:33] more so than Concord. [54:36] I'm not sure about the second one. [54:38] I think I need more information on that. [54:40] I do want to eliminate the childcare fees. [54:46] And I do support expanding the cultural fees [54:49] to include public art. [54:53] And I would like to reduce the fees for ADUs. [54:58] And does it have to be 750 square feet, [55:01] or could it be smaller at 500? [55:04] So currently, there are no impact fees charged for ADUs [55:08] that are less than 750 square feet. [55:11] There are proportional fees that are charged for ADUs that [55:13] are 750 square feet or larger. [55:15] So the council would have the option [55:17] that you could choose to just waive or reduce [55:20] those fees when they are charged for larger ADUs. [55:23] Very good. [55:24] So yeah, I would like to reduce those fees for the 750 [55:28] square feet and above. [55:30] And I'd like to see our single-family fee per unit [55:36] closer to Hercules. [55:38] So I'd like to talk about making it somewhere around $13,000, [55:48] which would-- [55:49] with the elimination of the childcare fees, [55:53] I think it would really make us look good. [55:55] And I think reducing the fees moving forward [56:00] would help get the message out there that Martinez [56:02] is incentivizing more building. [56:06] So I think that would be important. [56:10] Say again, what is it that is telling people that we're [56:13] were incentivizing building? [56:15] By dropping our fees and lowering it down [56:18] for a single family. [56:19] Oh, OK. [56:21] I think that's it. [56:26] I would note that there is-- correct me if I'm wrong. [56:32] I believe there is pending legislation in Sacramento right [56:34] now that speaks to this last question about, [56:37] do we want to waive the fees for ADUs over 750 square feet? [56:46] My understanding is that it would dramatically [56:49] limit the ability of jurisdictions such as ours [56:55] to be able to charge accordingly. [57:00] It basically would really do that. [57:02] And I think there's some concern in some jurisdictions, I guess, [57:07] that that may unnecessarily hamstring the jurisdiction [57:13] So I think there's a couple of things to point out. [57:17] So there are multiple pending bills that will potentially [57:21] impact development impact fees. [57:26] Vice Mayor Malhi, you spoke to one of them. [57:29] Two others I think are important to point out [57:32] is there's also pending legislation for-- [57:36] and the city attorney can speak more eloquently [57:38] to this about the potential waiver of impact [57:45] fees for affordable units when there [57:49] is state funding that's provided associated with those projects. [57:54] And then finally, which was alluded [57:56] to as part of Megan's original presentation, legislation going [58:01] in the direction of collecting impact fees per square foot [58:04] rather than per unit. [58:07] If I could add to that. [58:08] So the bill that was approved is AB 179, one [58:12] of the budget trailer bills from June. [58:16] Effective July 1, '27, so 11 months from now, [58:21] it requires state entities awarding [58:24] competitive affordable housing grants for multifamily projects [58:27] to take into account whether or not [58:29] the applicant, typically, the city, [58:32] has waived or reduced impact fees as part of the grant [58:35] application. [58:36] The headline that's been batted around [58:38] is that it requires cities to waive impact [58:42] fees for restricted affordable housing, [58:44] and that's not quite right. [58:45] That headline is a bit too much of a collapse, [58:48] but it does require that waiver of affordable housing [58:51] fees, impact fees for affordable housing projects [58:53] be taken into account as part of any competitive state grant [58:56] project. [58:57] And similarly, if the city does not [59:00] waive fees for an application, then the competitive grant award [59:05] has to be reduced by the amount of fees not waived. [59:08] So the incentive is to waive fees [59:10] for projects that are benefiting from state competitive grants. [59:14] So that's something to take into account as well, [59:16] but it doesn't force us to waive fees. [59:18] It preserves the policy choice for the council. [59:21] And, yeah, the ADU, there's 1/2 a dozen ADU bills pending, [59:25] as is typical this time. [59:26] And we'll see what happens. [59:28] But we would suggest proceeding with the policy [59:30] choices the council wants. [59:31] And then if we have to revisit come January, we will. [59:39] The only other thing I just want to bring up [59:44] around the childcare fees is we should just be mindful [59:51] in future thinking, meaning that one of the things we are seeing [59:57] are new families coming into our community. [1:00:02] When we get the waterfront up and running, [1:00:07] that's going to draw families with younger children [1:00:14] as we do more housing, single-family housing. [1:00:17] So just something we may want to be mindful of. [1:00:21] We may not see it today, but it is coming. [1:00:25] And so we are going to, at some point, [1:00:27] need to be thinking about how we do accommodate young families [1:00:33] coming into our community. [1:00:35] I support you 100% And I was really disappointed when we [1:00:39] found out that it was only $8,000 because to clarify, [1:00:43] we used to have a childcare facility. [1:00:45] It was a building that was owned by the city of Martinez. [1:00:47] It was at Murillo Park Elementary. [1:00:49] And an organization leased it from us. [1:00:54] And so that's what this fee was for. [1:00:56] It was to be the landlord of this small, little preschool. [1:00:59] When they did Murillo parks remodel two-- [1:01:01] was it two years ago? [1:01:03] Everything's blurry. [1:01:04] So it may have been three. [1:01:07] But the school district asked for the property back, [1:01:10] and they got rid of the preschool. [1:01:12] So now we don't have literally anything, any facility [1:01:16] to use the childcare fees for. [1:01:18] I would love to see us investing in childcare infrastructure, [1:01:23] but that's different, and that's not currently on this list. [1:01:26] So that's just something to be mindful of. [1:01:27] What you're saying? [1:01:28] 100%. [1:01:30] But it's not the same thing as that, [1:01:31] and so we may want to talk more in the future of how [1:01:35] we can better support childcare in the city of Martinez. [1:01:38] Right. [1:01:38] And we don't have to adopt this for a long term. [1:01:42] Correct? [1:01:43] This can be a placeholder for now [1:01:46] until we get forward till 2031. [1:01:52] Correct. [1:01:53] So the intention is we would adopt a nexus study that [1:01:56] would get us through a number of years, [1:01:59] but we will have to periodically update the nexus study based [1:02:03] upon changing priorities of the city and city council. [1:02:12] If the nexus study, again, not setting what the cap of fees [1:02:17] could be, there is always the ability, [1:02:20] as part of our regular and routine review of our user fee [1:02:25] schedule, to make adjustments during those times [1:02:29] as well as interim changes between when the fee updates are [1:02:34] approved and when we do the next round of a nexus fee study. [1:02:40] May I just very quickly follow up on the childcare discussion? [1:02:48] Is there a stipulation in state law [1:02:52] that says that if a jurisdiction collects [1:02:55] these fees, that it could only be used for infrastructure? [1:02:58] Or could it also be given out as a subsidy [1:03:04] to those families that meet a certain income threshold? [1:03:11] Is there any discretion around that? [1:03:14] Unfortunately, generally, the Mitigation Fee Act [1:03:17] requires that development impact fees [1:03:19] be spent on physical infrastructure [1:03:21] to accommodate new development. [1:03:24] So off the top of my head, I don't [1:03:26] think we would be able to put together [1:03:28] that kind of an incentive program, but we'll take a look [1:03:30] and confirm. [1:03:32] What could happen, though, without opening up [1:03:36] a us going sideways, just as we have done [1:03:41] some cleanup to regulations for housing and industrial zoning [1:03:44] incentives, as a couple of examples, [1:03:46] it could be something that we could [1:03:48] look at our childcare regulations that [1:03:50] could incentivize private childcares to be established. [1:03:56] I mean, I'm certainly open to that. [1:03:57] And I thank Council Member Young for bringing up [1:04:01] the point earlier. [1:04:02] I think it's a very valid one. [1:04:04] I would just say that we've already [1:04:08] begun to see a lot of newer, younger families that [1:04:12] have come in, particularly over the course of the pandemic. [1:04:17] That's something that's become readily apparent. [1:04:20] Anybody who goes down Sunday's farmer's market [1:04:24] can see there's a noticeable uptick [1:04:26] in the number of young families and strollers [1:04:30] being pushed, for instance. [1:04:33] And we know just how much of, gosh, an awful burden childcare [1:04:39] costs are right now for a lot of working families. [1:04:42] And so I think it is a very valid point. [1:04:47] I thank you for bringing that up. [1:04:49] And, I mean, I think for now, though, I mean, it seems-- [1:04:55] I don't know. [1:04:55] So if we eliminate it, can we get it back, I guess, [1:05:00] is the question because it may not make sense now, [1:05:03] but it may in the future. [1:05:05] So do we leave it as a placeholder, [1:05:07] or what is the recommendation? [1:05:12] So the fee is so low that it's never [1:05:14] going to actually result in any physical improvement, [1:05:19] unless there was a substantial increase to that fee, which [1:05:24] would be counter to what I'm hearing [1:05:26] the majority of the council indicate that you want [1:05:29] to incentivize development. [1:05:31] So staff's recommendation would be that it actually [1:05:35] be eliminated at this time. [1:05:38] But when the development pattern changes [1:05:40] and we do a future nexus fee study, [1:05:43] and potentially the waterfront is revitalized at that point, [1:05:47] and we see more development happening throughout the city, [1:05:50] I think then there may be different opportunities [1:05:54] to potentially re-establish that fee as a newly added fee. [1:06:01] I'm fine with that. [1:06:02] I just didn't want the takeaway and the headline to be, [1:06:06] we don't support childcare, because this [1:06:09] is a lot more nuanced discussion, [1:06:12] and I don't want that to get lost here. [1:06:14] So I'm comfortable with that, but I just [1:06:16] want to be on the record. [1:06:18] None of us are saying, we don't care about childcare. [1:06:21] This is not about that. [1:06:24] So I just want to state categorically for the record [1:06:28] that that is not what this vote is about. [1:06:30] And I can add that staff hears you loud and clear [1:06:33] that we can look at other ways to incentivize childcare [1:06:37] other than it being through our impact fees. [1:06:41] So if I may, one thing that was different too [1:06:43] in 2003, the last time that a nexus study was done-- [1:06:47] I mean, this wasn't even just simply a city-owned facility. [1:06:51] It was actually operated by city employees. [1:06:53] There were city employees that were running this facility [1:06:56] for a number of years. [1:06:57] And then it shifted to a contract model. [1:07:00] And then it shifted to a lease model. [1:07:03] And it was in a lease model up until its expiration [1:07:06] because the school district took it back. [1:07:08] So it was a vastly different landscape [1:07:10] because it had that existing city-owned and city-run facility [1:07:13] back at the time. [1:07:14] So that's the difference now as this new study was done. [1:07:19] I would note that the county does run childcare facilities. [1:07:22] There's one at Public Works, I believe, if I'm not mistaken. [1:07:26] So I don't know. [1:07:27] But I believe it's just for the benefit of the employees there, [1:07:31] but I could be mistaken. [1:07:32] So, yeah. [1:07:34] Yeah. [1:07:36] So jumping back to childcare-- since I was a single parent with [1:07:41] twins, it was a huge expense-- [1:07:46] do we need to eliminate it? [1:07:48] Wouldn't this be the time to consider options? [1:07:54] You just mentioned three reiterations. [1:07:59] We had it as city staff, which maybe isn't the best. [1:08:03] Then we leased it. [1:08:04] We've gone through this full circle, [1:08:06] and now we're going to eliminate it. [1:08:07] Is there any other out-of-the-box thinking that we [1:08:10] could support childcare through this in some way? [1:08:13] Or is there-- [1:08:14] Yeah, so staff had some discussions on this. [1:08:18] The challenge is with impact fees, [1:08:20] the intention is that when they're collected, [1:08:23] they're spent in a relatively quick period of time. [1:08:27] The fact that we're limited to use the funds for city [1:08:32] facilities and we have no system in place [1:08:38] to manage a childcare facility, nor do we [1:08:41] have sufficient funds to build anything, [1:08:48] I don't think there is a solution in the near term that [1:08:54] could accommodate that wish. [1:08:57] Not even working with Woodbridge or anything along those lines? [1:09:01] No, it's not city owned. [1:09:02] I think they're working out of the school district facilities. [1:09:06] We did look creatively. [1:09:08] We thought, could we do something with the Boys & Girls [1:09:10] Club as an example? [1:09:11] We started looking at some other things, [1:09:13] and we didn't come up with a viable solution, unfortunately. [1:09:18] One other challenge to bear in mind that's inherent in DIFs [1:09:22] is the DIF pays for physical infrastructure. [1:09:25] It cannot pay for operations. [1:09:27] So a childcare facility in particular [1:09:29] requires both the facility and the childcare professionals [1:09:32] to run it. [1:09:34] And the DIF can only fund one of those two. [1:09:36] An entirely different funding source [1:09:38] is necessary to pay for the operations. [1:09:40] And so that, I think, is something [1:09:42] that would be a much larger project to take a look at. [1:09:45] And the childcare fees can't go to assist the Boys & Girls Club. [1:09:48] It wouldn't be the proper use or dedicated use for the monies [1:09:54] we have currently or monies we would collect in the future [1:09:57] because I'm not sure legally what the difference is [1:10:01] between the fees that we've been collecting [1:10:03] and any appropriations to the Boys & Girls Club [1:10:05] since it is a childcare facility, which [1:10:08] is owned by the city. [1:10:13] Yeah, there may be some limited application there, [1:10:16] but I guess as part of an ongoing fee [1:10:19] that you're collecting that may or may not [1:10:22] have that viable capital use, it's a little bit different. [1:10:29] And that was part of the challenge in evaluating this, [1:10:31] whether that might be appropriate. [1:10:36] And again, in trying to figure out ways as part [1:10:40] the underlying theme, trying to be [1:10:42] competitive in the space with our fees. [1:10:45] And occasionally, we have situations where we reduce [1:10:49] or eliminate a fee, of course. [1:10:52] This was one that we haven't. [1:10:55] We've continued to collect it because it's on the books, [1:10:58] and we haven't had a good application for it still. [1:11:01] So it's been a challenge still having this here. [1:11:06] And the original intent tied to that nexus study [1:11:10] from well over 20 years ago, even, [1:11:12] it doesn't exist anymore for what it was originally intended [1:11:17] to cover, which it did help. [1:11:18] Can I propose that we ask staff to put this maybe [1:11:25] on our next strategic plan discussion? [1:11:27] Because it's clear the council is interested in childcare. [1:11:31] I don't think that it's appropriate for us [1:11:33] to be concerned about childcare infrastructure [1:11:36] as part of the development fee discussion [1:11:39] because I think it's very clear that we [1:11:43] don't know what we want to do. [1:11:45] So to be collecting fees for something [1:11:48] that we don't know what we're doing doesn't seem appropriate. [1:11:51] And I think it's very appropriate to eliminate [1:11:53] the childcare facility fee. [1:11:54] And if we can make sure that we always use the phrase [1:11:57] childcare facility fee instead of childcare fee [1:11:59] because it goes to what you were saying, [1:12:02] but can we have staff maybe bring [1:12:04] that back as part of maybe an upcoming evaluation [1:12:07] of the strategic plan under the community health, safety, [1:12:10] and well-being? [1:12:11] And if there's ways that we can evaluate [1:12:12] supporting childcare infrastructure in the future, [1:12:15] because that's what you're getting at. [1:12:16] That's what you want on the long term. [1:12:18] We have spent a lot of money on the Boys & Girls [1:12:21] Club infrastructure improvements, [1:12:23] thousands, millions. [1:12:25] So is there a way that we can capitalize on some of these fees [1:12:29] to help that? [1:12:30] Because we didn't use these types of fees for those [1:12:32] they came out of either ARPA or general fund. [1:12:36] Yeah. [1:12:36] If you don't mind, Michael and Mike, [1:12:39] looking into that before we do the refund exercise, [1:12:42] check to see whether or not the Boys & Girls [1:12:44] Club could be a potential recipient, that would be great. [1:12:47] Yeah, and then we can discuss childcare, just [1:12:50] general infrastructure improvements to it [1:12:52] in Martinez moving forward at the future. [1:12:58] Just by a nod of heads, everyone OK with expanding [1:13:01] cultural facilities to include art? [1:13:03] Yeah. [1:13:04] That's OK? [1:13:05] Yep. [1:13:05] Up until this point, we've never had any fund for public art, [1:13:09] so this would be a really great opportunity [1:13:11] to use some of the cultural fees-- [1:13:13] facility fees moving forward for any city-sponsored art [1:13:17] installations. [1:13:18] And then the phasing of the development fees [1:13:26] feels like the easiest discussion, [1:13:29] but I don't feel strongly one way or the other. [1:13:31] And I feel like it more should correlate [1:13:34] to whatever we decide the answers [1:13:35] to the first and last bullets are. [1:13:39] Yeah, I guess that's my question. [1:13:41] I hate to go back to these fee comparisons per unit. [1:13:45] So we've done our full cost recovery. [1:13:48] We have that. [1:13:50] But looking at the cities that we are benchmarking against, [1:13:56] these do not include their full cost recovery [1:14:00] because we don't know that. [1:14:02] But assuming that they did theirs, [1:14:06] theirs would probably be increased. [1:14:10] So we're still lagging. [1:14:13] Well, it depends on whether or not [1:14:15] you think lagging is good or bad because I would argue it's good. [1:14:20] Even at full cost recovery, we will still [1:14:24] be trailing the cities. [1:14:26] And so what I'm saying is with a full cost recovery for us [1:14:31] and we are still trailing, that is probably a good look for us. [1:14:37] Yeah. [1:14:37] If development attracting development [1:14:41] is what we're going for, it's OK. [1:14:43] And this is our number. [1:14:44] Yeah, or less. [1:14:45] I mean, full cost recovery, again, is the highest marker. [1:14:48] Yeah, that's the highest marker. [1:14:49] We have the ability to raise it some smaller percentage. [1:14:53] And I think it is a good look for us, particularly-- [1:14:56] I think it's very important to remember [1:14:58] that we're not the only ones looking at these cost [1:15:01] comparisons. [1:15:02] It's the developers that do this exact same thing. [1:15:05] Absolutely. [1:15:06] Right. [1:15:06] And so that's where I would really [1:15:08] like us to be able to say, we are lowering our fees [1:15:11] and stand out that way. [1:15:13] Well, I don't want to say lowering. [1:15:14] I just want to say we are maximizing [1:15:19] our fees in comparison to-- [1:15:24] Well, we will be lowering our fees because we're [1:15:26] eliminating childcare fees. [1:15:28] And we will be doing other things [1:15:31] like reducing the ADU fees. [1:15:34] If we agree on that, that would be lowering it. [1:15:37] And then I'd like to see the single-family per-unit fees [1:15:40] lowered from $14,000, which is existing, [1:15:44] to be closer to Hercules so it's more like $13,000. [1:15:49] Yeah, based on this, we don't have to lower our fees. [1:15:53] I just want to be clear. [1:15:54] We don't have to lower fees. [1:15:56] That's what I'm advocating for. [1:15:58] But we don't have to. [1:15:58] Yeah. [1:15:59] We don't have to, but that's what we're here to discuss. [1:16:01] And I think it's important that that [1:16:03] is what is seen by developers when they go, [1:16:06] should I go to Pleasant Hill, Hercules, Benicia, or Concord? [1:16:10] Look what. [1:16:10] Martinez-- [1:16:11] If you look at the totality-- [1:16:12] Can I have Michael-- do you want to provide-- [1:16:15] Yeah, so this is an obvious statement, [1:16:19] but I think it's important to say. [1:16:22] So I do think full cost recovery is somewhat misleading [1:16:27] because it's cost recovery assuming we actually [1:16:31] have development happen. [1:16:33] If we don't have development happen, [1:16:36] the fees can be as high as we want. [1:16:38] We won't actually bring in any money. [1:16:41] And so it is about balance, and it [1:16:47] is about setting them at a rate where we see development. [1:16:53] So we-- [1:16:53] It's all perception, right? [1:16:55] Correct. [1:16:56] Yeah. [1:16:56] It's about what is perceived. [1:16:59] If we're perceived to be lowering our fees, [1:17:01] then we will look better. [1:17:03] Correct. [1:17:03] And I also think it's important to note [1:17:07] we are competitive with Benicia currently. [1:17:13] And, Jay, we don't always have to charge [1:17:16] the highest amount of the fees, as we had mentioned. [1:17:19] And we can have the charges lessened if we choose to. [1:17:24] But this is the highest. [1:17:26] So you can choose to have them lower. [1:17:28] Correct. [1:17:29] Yeah. [1:17:30] I would like Council Member Young [1:17:32] to try to convince me more along what you have been-- [1:17:36] you were looking very frustrated in saying that you do not [1:17:39] want to lower the fees. [1:17:40] I'm very supportive of waiving impact fees for a short duration [1:17:46] as we're trying to spur growth and development in Martinez. [1:17:51] And that seemed to very much not excite you. [1:17:54] Can you elaborate on that? [1:17:56] And what would you be comfortable [1:17:58] with along these discussions? [1:18:00] The idea of lowering fees versus-- [1:18:02] to me, waiving fees is a temporary incentive. [1:18:08] Keeping them low and not raising them, [1:18:10] that becomes a permanent incentive. [1:18:12] Again, I'm just looking at based on full recovery cost, [1:18:18] we are still trailing our sister cities, even if we max out, [1:18:22] unless I'm missing something. [1:18:24] What number is lagging? [1:18:25] Can you clarify what you're talking about? [1:18:31] I am looking at our fee comparison of $24,227. [1:18:39] And again, looking at our comparison cities, [1:18:43] these aren't their updated numbers, right? [1:18:49] We're not sure, are we? [1:18:51] They're current numbers. [1:18:52] So what I'm hearing Council Member Young say is [1:18:56] for single-family homes, using that as an example, currently, [1:19:00] we charge about $14,000 in development impact fees. [1:19:03] If we set the fee based on the nexus study and analysis that [1:19:08] has currently been done, they could go up to about $24,000. [1:19:12] $24,000 is still $2,000 less than what Benicia currently has. [1:19:19] Exactly. [1:19:20] But to clarify, it is significantly higher. [1:19:24] It's 200% more than Hercules. [1:19:30] $24,000 to $12,000, that is very much not lagging. [1:19:34] But wait, wait, wait. [1:19:34] That's because they don't have parkland dedication fees. [1:19:38] They don't have marina and waterfront. [1:19:42] Yes, exactly. [1:19:43] The reason that it is cheaper to build in Hercules [1:19:46] is because they have fewer developments. [1:19:48] That's what we're talking-- [1:19:49] And so are we saying they aren't going through the same process [1:19:53] that we're going through in looking at full recovery, [1:19:56] but they don't have different categories like public safety? [1:19:59] Or am I assuming that they're going-- [1:20:02] We're not required to do this. [1:20:03] So we're looking at fees at a point in time. [1:20:08] Every jurisdiction is on their own schedule with when [1:20:11] those fees will be updated. [1:20:12] So we could do an update now and set ourselves [1:20:15] at a particular point. [1:20:16] And then one of these other jurisdictions [1:20:18] could turn around and, a couple months later, change their fees. [1:20:22] So-- [1:20:23] It could go either way. [1:20:24] --it could go either way. [1:20:25] And to answer the question that's inherent in there, [1:20:27] there is no required timeline to update these fees. [1:20:32] OK. [1:20:34] OK. [1:20:35] It feels like the pay for police officers, every time we [1:20:38] hit this mark, they go to here. [1:20:39] We go to here, they go to here. [1:20:41] So it's always jockeying back and forth. [1:20:44] Which is why we would do the nexus [1:20:45] study, which would set the maximum that they could be at. [1:20:48] And we can periodically modify what [1:20:52] our rates are based on our regular and routine updates [1:20:55] to our user fee schedules. [1:20:57] And I think another thing we have [1:20:59] to remember this is short term. [1:21:02] It's not forever. [1:21:04] And we can use these, what does come in, and we can gauge those. [1:21:08] This one works. [1:21:09] This one doesn't. [1:21:10] This one needs to be modified and needs to be lowered, [1:21:12] or this one needs to be raised by what has worked, [1:21:14] what has brought in revenue, what has brought in-- [1:21:17] So based on this scenario and this education, thank you. [1:21:22] I would say we stay at the $14,000. [1:21:26] I don't want to move that. [1:21:27] I do not want to waive or lower. [1:21:34] We are getting near the end of the workshop. [1:21:37] And I just realized I hadn't opened [1:21:39] this up to public comment. [1:21:40] I apologize for those of you who are here. [1:21:42] Would anyone like to provide public comment [1:21:43] on this discussion? [1:21:45] Craig, come on up. [1:21:56] All right, I really enjoyed this discussion, a very important [1:21:59] discussion, and really glad to hear the sentiment [1:22:02] on the council seems to be toward doing [1:22:05] what we need to do with these fees to stimulate development [1:22:09] and to help solve our housing crisis [1:22:10] or address it in a meaningful way, which I think [1:22:13] is an important dynamic because I don't think we would have [1:22:16] necessarily heard that four years ago or eight years ago. [1:22:19] And I think it indicates how the political winds on this issue [1:22:22] are changing. [1:22:27] I wanted to suggest off the top about this issue of waiving [1:22:30] fees versus lowering fees, we need affordable housing. [1:22:34] We need a low-income housing more than anything, [1:22:36] and that's the toughest housing to build. [1:22:38] I would suggest waiving the development fees [1:22:42] for any projects that hit a certain threshold [1:22:45] of affordable housing that goes beyond the minimum [1:22:47] because to the extent that we're getting any development going [1:22:50] at all in the city, which is very little, [1:22:53] it tends to be the bare minimum, the 20%. [1:22:56] If we can get 100% affordable unit project [1:23:01] in Martinez, which could be a real game changer, which we're [1:23:03] seeing in some other cities, we should definitely waive the fees [1:23:07] if that will make it happen. [1:23:09] That could make a huge dent in this issue. [1:23:12] I think this fixation on comparisons, [1:23:14] where we stand comparing to other jurisdictions, [1:23:18] is a bit of a distraction because the reality is [1:23:22] we're not getting the development we need [1:23:24] with the fees where they're at. [1:23:27] Almost all of our affordable housing growth [1:23:30] is in ADUs right now. [1:23:31] We're not getting developers to come to Martinez. [1:23:34] It doesn't matter where we stand compared to Benicia, [1:23:37] Pleasant Hill, Hercules. [1:23:39] We're not getting people to come to Martinez. [1:23:43] And we can't solve the housing crisis that way. [1:23:46] OK, so if waiving them will get people to come to Martinez, [1:23:49] we definitely should do it. [1:23:51] I also want to push back-- [1:23:54] sorry, Councilman Young-- a bit on some of your comments [1:23:58] about cost recovery and the burden [1:24:04] that new population growth puts on the city. [1:24:07] I don't think that's always the case. [1:24:09] Look at the amount of resources our police department [1:24:12] uses on issues regarding the unhoused. [1:24:14] The unhoused is an extension of the housing crisis. [1:24:18] If we built more affordable, very low-income housing [1:24:23] and could put a dent in the homeless issue, [1:24:27] that would take a burden off the police. [1:24:29] That wouldn't add to the police's burden. [1:24:32] That would take a burden off them. [1:24:35] Transportation, if we could make it [1:24:36] so that more people could work where they live, [1:24:40] could live in Martinez instead of having [1:24:42] to commute in and out of Martinez all the time, that [1:24:45] could take a burden off our transportation infrastructure. [1:24:52] As far as young families coming into Martinez, [1:24:54] I don't see the data to support that. [1:24:57] The last data I saw from the Martinez School District [1:24:59] was that student enrollment is down 9% or 10% [1:25:03] since the pandemic. [1:25:05] So maybe we're seeing anecdotal evidence, [1:25:07] but I'm not seeing the data. [1:25:09] If you have data, I don't think people-- [1:25:10] Time's up. [1:25:10] --can afford to live in places like Martinez. [1:25:12] Thank you. [1:25:15] Thanks, Craig. [1:25:15] Just one quick data point on the school district. [1:25:19] They did say enrollment is down, but when [1:25:21] they're taking into account TK students, [1:25:24] it's ticking back up again. [1:25:26] But-- [1:25:28] I'll take a look at the data. [1:25:29] Sure. [1:25:31] Anyone else in the room this evening [1:25:33] who'd like to provide public comment on our workshop [1:25:36] discussion tonight? [1:25:40] OK, thank you, Craig, for the comments. [1:25:41] We appreciate it. [1:25:42] OK, let's bring it back. [1:25:44] Oh, I'm so sorry. [1:25:46] Yes, right. [1:25:48] Do we have people online? [1:25:49] I have someone. [1:25:50] So if that person would like to make [1:25:51] a public comment on this item, please use the Raise Hand [1:25:53] feature. [1:25:59] All right, I have no hand. [1:26:01] No hands? [1:26:01] OK, great. [1:26:02] All right, so for the last 15 minutes of this meeting, [1:26:06] I'd love to get some thoughts. [1:26:08] I feel like we came in with our opinions [1:26:13] on the benchmarking and the waiver, [1:26:17] and I'm not sure we've convinced each other necessarily [1:26:20] through this discussion. [1:26:22] So maybe how about we go just down the line and just [1:26:26] provide some thoughts on that first and last bullet? [1:26:29] So just on benchmarking and potential waiving. [1:26:37] Do you want to start, Jay? [1:26:39] Go ahead. [1:26:40] Go ahead. [1:26:41] Oh, I see. [1:26:42] Got it. [1:26:42] Yeah, why don't you start? [1:26:49] We're in the middle of the meeting, [1:26:50] so you can come back when we're done with this meeting. [1:26:53] We're having a meeting now. [1:26:55] We do start at 7:00, but we're having a workshop before, [1:26:57] so if you don't-- [1:26:59] yeah, OK. [1:27:00] Thank you. [1:27:02] OK, for benchmarking, I do know that different cities have [1:27:08] different needs and resources, different opportunity zones, [1:27:11] a whole bunch of different things, marinas, no marinas. [1:27:14] So it's hard to gauge a benchmark, [1:27:16] but I would like to see us at least in the middle section [1:27:20] of the comparison if we were comparing. [1:27:23] And then just to answer the question [1:27:25] because I didn't do that, I'm good with the second question. [1:27:28] I like to phase it in 75/25 if we get to that point [1:27:31] because that's what we've been utilizing in the past for any [1:27:34] fees that we've adopted. [1:27:35] And then let's see. [1:27:37] The last one for the ADUs, last question, [1:27:39] yeah, I am definitely in support of waiving the fees for ADUs [1:27:43] that are over 750 square feet. [1:27:46] And I don't know what the maximum is, [1:27:48] but we can discuss that at a future meeting, whatever [1:27:50] the maximum square feet is for an ADU. [1:27:54] Is it 500 or 1,200 or something? [1:27:56] The maximum size of ADUs as per our ordinance is 1,200 square [1:27:59] feet. [1:28:00] OK, so I would definitely consider waiving some of those. [1:28:04] But I definitely do feel that we should, [1:28:09] if we come to a consensus, really [1:28:11] try to attract act developers so that these fees would actually [1:28:16] be collected. [1:28:16] If we don't have a development, there's [1:28:18] no fees that are being collected. [1:28:19] And in particular, trying to incentivize [1:28:21] the low-income housing component because I think [1:28:24] there's a lot of people out there [1:28:25] that are in need of housing. [1:28:27] And low-income housing is housing [1:28:29] that would be for a teacher or for a student. [1:28:32] These are people that are holding [1:28:35] jobs that really can't afford housing because things [1:28:37] are so expensive. [1:28:38] So I would definitely support that as well. [1:28:43] So next. [1:28:48] Do you want to go? [1:28:48] Do you want me to go? [1:28:49] You can go. [1:28:50] All right, so I support middle or lower end. [1:28:56] I also recognize that benchmarking to our other cities [1:29:00] is somewhat misleading, and so I'm not sure. [1:29:02] I don't think that should be our priority. [1:29:05] I appreciate your comment that other user fee schedules do [1:29:09] 75/25. [1:29:10] That's a perfectly fine way of doing it. [1:29:11] No problem. [1:29:12] And then I'm just going to reiterate that I very much [1:29:14] support waiving impact fees. [1:29:16] So I support waiving impact fees for ADUs over 750. [1:29:21] But I do want to acknowledge that just because ADUs [1:29:24] are the only thing that is being built, that means [1:29:27] that, why would we be incentivizing the one [1:29:29] thing that people are already building? [1:29:31] So I also want us to think about what other things [1:29:33] that we can incentivize. [1:29:36] You asked about multifamily. [1:29:39] And while I support multifamily, absolutely, I also [1:29:42] want us to think about smaller multifamily, [1:29:44] like duplexes and triplexes, because we've all [1:29:47] talked about how Martinez is basically-- [1:29:49] infill housing is what's left. [1:29:51] And so I don't want us to be incentivizing ADUs and then [1:29:55] really large complexes with nothing [1:29:56] in between because we might find that the best thing that we can [1:29:59] incentivize right now are some of the newer complexes [1:30:02] that have been built that have between 6 and 12 units, [1:30:05] something like that. [1:30:06] So I want us to think about that. [1:30:08] So I would love to see staff come back [1:30:10] with some suggestions and potential innovative solutions [1:30:14] for waiving for a short duration, maybe just [1:30:17] through the end of our housing element, [1:30:20] for some specific categories that we could incentivize. [1:30:25] And I also very much support the opportunity sites [1:30:28] that I mentioned. [1:30:29] I think we should absolutely include those. [1:30:31] That would incentivize the people [1:30:33] that have the great properties that are just [1:30:35] sitting there empty that they might be [1:30:37] interested in developing those. [1:30:42] Did that help? [1:30:43] Sure. [1:30:44] Go ahead. [1:30:46] So question one, looking at benchmark, [1:30:49] I support being in the middle. [1:30:52] Number two, I'm fine with the 75%, 25% approach. [1:30:59] And I am OK with waiving impact fees for ADUs over 750. [1:31:07] Let's see. [1:31:07] So for me, I would like to see us in the low end comparatively [1:31:12] to our peers. [1:31:14] I do like using the benchmark because I [1:31:17] believe developers use that benchmark to look at as well. [1:31:21] And I want us to shine. [1:31:23] When the developers are thinking about, [1:31:25] where should we go, I want them to see Martinez. [1:31:27] And I want them to see that we have recently lowered our fees, [1:31:31] so I would like to bring our fees down. [1:31:33] I do like the 75% to 25% schedule. [1:31:40] I absolutely support eliminating childcare fees for entities [1:31:45] that we don't even have anymore. [1:31:47] I 100% support childcare across the board. [1:31:52] But in this particular situation, [1:31:54] we no longer have that facility, so there's [1:31:57] no reason to charge fees for something we don't provide. [1:32:00] I do really support public art, and I think cultural facility [1:32:06] fees are OK for that. [1:32:09] I wouldn't mind waiving fees for ADUs. [1:32:15] I don't think that's a bad idea, but I [1:32:16] could be talked out of that. [1:32:20] And I think that covers it. [1:32:22] Do you support reducing or waiving fees? [1:32:24] Yes, I do support reducing fees. [1:32:28] Is that clear enough? [1:32:29] So, Jay, just to clarify, though, for me, reducing fees [1:32:35] is not the same thing as waiving. [1:32:38] And so how do you feel about waiving fees? [1:32:40] I was talking about other potential categories. [1:32:43] I feel that waiving fees addresses your concern. [1:32:48] How do you feel about that for more than just ADUs? [1:32:50] No, I think that that's very important, [1:32:52] but I would like to hear more information on what we would be [1:32:55] reducing fees for specifically. [1:32:59] I don't think it should be a blanket thing. [1:33:01] I do appreciate Greg's point that we still [1:33:06] have to be mindful of the general fund. [1:33:12] But I think it is important that-- [1:33:15] It's all about perception. [1:33:17] And so when these developers see this headline, [1:33:21] Martinez is reducing fees, I think that's important, [1:33:25] and it will catch their eye. [1:33:27] I think it's important that if we are doing benchmarks, [1:33:30] which I do support, I would like us to be just above Hercules. [1:33:36] So I would like to see our Martinez existing single-family [1:33:40] fee come down, and I wouldn't mind seeing it somewhere around [1:33:44] $13,000. [1:33:46] So if you want an exact number, there you go. [1:33:49] Great. [1:33:50] Go ahead. [1:33:51] OK, thank you very much. [1:33:54] So I would definitely feel like low to middle [1:33:59] is where we need to be. [1:34:02] I think we want to make ourselves as attractive as we [1:34:04] can in this regard. [1:34:07] But I also think it's critical for us [1:34:09] to think and look and see, the mayor referenced, [1:34:12] there are cities that have had a tremendous amount of success [1:34:16] in bringing new investment development [1:34:20] into their communities. [1:34:21] We ought to be looking at them. [1:34:23] What are they doing? [1:34:24] And I think she alluded to the fact [1:34:26] that one of the things that they did [1:34:28] was this targeted waiver, perhaps, of impact fees. [1:34:36] I don't necessarily know if it makes sense [1:34:38] across the board for every single project that would come. [1:34:41] Like Council Member Howard, I think it really just depends. [1:34:45] And I would want to get some more information. [1:34:49] For 100% affordable project, if that were to come to us [1:34:52] and if that's what it takes to get that project over the hump, [1:34:57] for sure, sign me up for that. [1:34:58] I think that makes a lot of sense. [1:35:01] Workforce housing? [1:35:02] Absolutely. [1:35:03] But if we have a project which is majority market rate and just [1:35:09] meets the bare minimum qualification [1:35:11] for affordable housing, that maybe I'm [1:35:14] going to be a little less hesitant on. [1:35:16] I think that there ought to be something [1:35:20] that needs to be brought in. [1:35:21] So I think it needs to be targeted in that way. [1:35:23] But I think we need to be looking at, rather [1:35:26] than the benchmark comparison, open it up and just [1:35:31] see what the cities in the Bay Area, [1:35:34] elsewhere in the state-- what have they been doing? [1:35:36] What are the tools that have brought them [1:35:40] some success in this area? [1:35:43] So that's what I would say. [1:35:44] As far as the last piece, yes, I'm [1:35:48] fine with that in terms of waiving them [1:35:50] for ADUs over 750 square feet. [1:35:53] Like I said, there's legislation, [1:35:56] as we talked about earlier, that may make this all a moot point [1:36:00] in the near future. [1:36:02] But if I'm being asked today, right now, [1:36:05] while that legislation is still pending, sure. [1:36:09] All right, we've got 1 and 1/2 minutes. [1:36:11] Any final 30-second comments? [1:36:14] I think it's really important that we remember this [1:36:17] doesn't have to be permanent. [1:36:18] It's a fluid situation. [1:36:20] And again, we can come back and revisit this in the near future, [1:36:24] and we can decide what's working and what's not. [1:36:27] Can staff summarize what we heard from the majority [1:36:30] of the city council? [1:36:33] OK, so what I heard from the majority of the city council [1:36:37] is looking at the low to mid-range [1:36:39] for the fees for staff, including [1:36:46] planning division, to work with the chief of police [1:36:50] and the Public Works director to look [1:36:52] at potential additional items that [1:36:54] could be included as part of the nexus fee study [1:36:58] that address public safety issues. [1:37:02] To eliminate the childcare facility fees, [1:37:05] but to look in the future at other ways to incentivize [1:37:09] and specifically look at the possibility of bringing back [1:37:12] a further childcare infrastructure [1:37:15] discussion as potentially part of the strategic plan [1:37:17] or another path that's deemed appropriate. [1:37:22] Prior to refunding the current fees [1:37:30] associated with the childcare facility fees, [1:37:33] for staff to relook at the possibility of potentially using [1:37:36] the remaining balance for the Boys & Girls Club. [1:37:41] There's general support for expanding [1:37:43] the cultural facilities fee to include public art [1:37:46] and ensuring that the nexus fee study addresses that issue. [1:37:51] For any fee increases, there is a general support [1:37:56] for an initial 75% increase and then 25% the second year [1:38:01] for consistency with other fee updates [1:38:03] that the city has implemented. [1:38:05] That there's general support for waiving impact fees [1:38:10] for all ADUs, so adding in ADUs that [1:38:13] are 750 square feet or larger. [1:38:16] And for staff to bring back, as a future discussion, [1:38:21] alternatives in terms of fee reduction or waiver options, [1:38:25] looking further at what other jurisdictions are doing, [1:38:28] and that would be a subsequent action. [1:38:30] Does that sound good, everybody? [1:38:32] Great. [1:38:32] Thank you for summarizing. [1:38:34] Much appreciated. [1:38:34] All right, with that, thank you to those [1:38:36] who came to participate. [1:38:37] And thank you for the presentation. [1:38:39] And this meeting is adjourned. [1:38:40] And I'll give everyone a five-minute break, [1:38:42] and we will come back for our regularly scheduled evening [1:38:45] meeting. [1:38:45] Thank you. [1:38:47] [CHUCKLES] [1:38:51] Recording stopped.