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HomeMy WebLinkAboutMINUTES - 07231996 - SD4 �• .v_ Contra TO: BOARD OF SUPERVISORS '• Costa FROM: Victor J. Westman, County Counsel ° " t °a Cwnty by: Diana J. Silver, Deputy County Counsel osr 'coiin"� DATE: July 8, 1996 SUBJECT: Agreement with billboard companies to remove alcohol and tobacco advertising within 1600 feet of schools SPECMC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute two contracts, one with ELLER MEDIA and one with GANNETT OUTDOOR, to remove alcohol and tobacco advertising from billboards within 1600 feet of schools. FISCAL IMPACT None known. BACKGROUND/REASONS FOR RECOMMENDATIONS On May 6, 1996, the Board of Supervisors directed the Community Development Department and the County Counsel's office to revise draft agreements with the two referenced billboard companies to reflect certain changes in the provisions including, deletion of"whereas" clauses, change the distance limitation to 1600 feet instead of 2000 feet, and provide for review by the Community Development Department in two years of the effect of reducing the restriction to 1600 feet. In addition, the Board directed staff to add provision for Community Development Department staff to have discretion to consider certain size and traffic factors, to delete all references to public service signs and to consider comments by Gannett's counsel in redrafting the agreements. The attached proposed agreements reflect the changes as directed by the Board of Supervisors. The proposed agreements have been reviewed and approved by staff of the Community Development Department and by representatives of the billboard companies. CONTINUED ON ATTACHIMIEINT: _ YES SIGNATURE _ RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD CUMM TTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON July 23, 1996 APPROVED AS RI;c+ ()MMENDED X (Tffl Z VOTE OF SUPERVISORS I HEREBY CERTH Y THAT THIS IS A X UNANIMOUS TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TARN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Otig: County Counsel ATTESTED Jul v 23, 1996 cc: Debbie Chamberlain, CDD PHIL BATCHEWK CLERK OF Dennis Barry, CDD THE BOARD OF SUPERVISORS Claude Van Marter, CAOAD TO Victor J. Westman, County Counsel SD. . - AGREEMENT ORIGINAL This Agreement is between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as "County" and ELLER MEDIA, hereinafter referred to as "Company" . The County desires to remove and the Company desires to relocate billboards which advertise tobacco products and alcoholic beverages so that no such billboards be located within 1600 feet of schools . NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows : Section 1 . EFFECTIVE DATE (a) Effective Date . This Agreement shall become effective upon the date it is signed by all the parties . Section 2 . DEFINITIONS (a) Aggregate Sign Area: "Aggregate Sign Area" shall mean the sum of all involved sign face areas offered for relocation expressed in square feet, owned by Company within the unincorpo- rated area of the County. (b) Face Area and Aggregate Face Area : "Face Area" shall mean the area of each individual sign surface upon, against, or through which the message is displaced or illustrated. The area of a sign surface composed of characters, illustrations or words attached directly to a wall or vertical surface of a building or structure shall be the area of the smallest rectangle which can enclose such characters, illustrations or words . The face area of an off-site advertising sign shall be the area of the smallest rectangle which can enclose characters, illustrations or words . The face area of an off-site advertising sign shall be the area of . the rectangular board on which non-accessory advertising copy is placed excluding any flyer. A flyer may be of any shape or proportion, but the product of the overall vertical dimension and the overall horizontal dimension shall not exceed one-quarter of the area of the sign to which it is a flyer. "Aggregate face area,, is the sum of the face areas of a multiple- faced, off,-site advertising sign. (c) Flyer: "Flyer" means an addition, cut-out, extension or embellishment to an outdoor advertising structure beyond the limits of its ordinary dimension and as more particularly defined in Contra Costa County Ordinance Code § 88-6 .406 . _ Sn •�I a, (d) Off-Site Advertising Sian: "Off-site advertising sign" also "sign" as used herein, shall mean a sign constructed. (e) Priority Signs : "Priority Signs" means those off-site advertising signs located within 1600 feet of a school and designated as such signs in Exhibit A, attached hereto and incorporated by reference herein. (f) Relocation: "Relocation" shall mean the removal and subsequent reconstruction and installation at a new location of an off-site advertising sign in accordance with Contra Costa County Ordinance Code, Title 8 . (g) Relocation Credit : "Relocation Credit" shall mean the transfer of development rights expressed in square feet of face area, of an off-site advertising sign removed under the terms of this Agreement and the crediting of the face area of such sign to an alternate location acceptable to the County. (h) School : "School" shall mean a public or private elementary or secondary institution for grades K-12 . (i) Sian: "Sign" shall mean a writing, pictorial representation, symbol, registered trademark, flag, banner, or pennant, or other device or figure of similar character used to identify, announce, direct attention, advertise or communicate, installed on or outside a building or on an exterior window of a building; and structural supports for any of the foregoing. Any word or phrase not defined above shall be construed in accordance with the provisions of Chapter 88-6 of the Contra Costa County Ordinance Code in force on the execution of this agreement . Section 3 . REMOVAL OF PRIORITY SIGNS Within thirty (30) days following execution of this Agreement, Company shall submit at least one (1) application for a land use permit of a priority sign relocation. Thereafter, all remaining land use permits hall be applied for by the Company in a timely manner so that all priority signs owned by .Company as of that date shall be removed within eighteen (18) months following issuance of the first land use permit approved by the County, except as provided in Section 12 . Prior to the relocation of any off-site advertising sign under the terms of this Agreement, and following final approval of land use permits, each priority sign shall be 2 abated, dismantled and removed. No off-site advertising sign shall be accepted for relocation or granted relocation credits until all priority signs are relocated. Section 4 . RELOCATION OF PRIORITY SIGNS A priority sign may be relocated and installed at a new site provided that the Company first receives Land Use Permit approval in accordance with Section 26-2 . 2008 of the Contra Costa County Code . Notwithstanding any of the foregoing, no relocated sign shall be located within 1600 feet of a school . Two years after the effective date of this Agreement, the Community Development Department shall review and report to the County Board of Supervisors concerning the effectiveness of reducing the previously planned 2000 feet to 1600 feet distance from schools . This agreement in no way abrogates or affects the Board of Supervisors ' authority to determine any appropriate action to be taken to safeguard the general welfare of the county' s residents . Company shall ensure that the relocated signs which advertise tobacco products and alcoholic beverages are not located as to increase exposure to children at locations other than schools and do not otherwise significantly increase exposure in general . When submitting an application for a land use permit, Company shall use its best efforts to identify all parks, child care facilities and locations with substantial concentration of children within 1600 feet of the relocated sign. In judging the adequacy of alternative sites for the nine billboards to be relocated (seven of which with eleven sign faces and a total of 3300 square feet belong to Eller Media) , staff of the Community Development Department has discretion to consider the number of billboards, the number of advertising faces, the square footage of the billboards and the average daily traffic volumes at the sites of the existing billboards to be removed and at the proposed replacement sites for the purpose of achieving a rough equivalency between the signs removed and the signs relocated. Company acknowledges that relocated signs may be allowed only in NB (Neighborhood Business) , RB (Retail Business) , U (Unrestricted) , LI (Light Industrial) , HI (Heavy Industrial) , and C (Commercial) districts, and must comply with the General Plan and the zoning ordinance in effect at the time zoning Land Use Permit approval is granted. Company acknowledges it has no vested right to erect advertising signs listed in Exhibit A in new locations . 3 Section 5 . RELOCATION CREDITS In lieu of relocation of any sign, Company may elect to remove such sign and therefor obtain relocation credits . Relocation credits shall be one (1) square foot of face area for each square foot of face area in each sign removed. Company may use relocation credits to increase the height or size of an advertising sign or signs beyond the limits of those signs currently existing within the unincorporated County and as specified by the approved land use permit for said sign. Relocation credits may be reserved for the term of this Agreement . Section 6 . LIMIT ON RELOCATION CREDITS Whenever a sign is relocated, the face area of such sign may be increased by one (1) square foot for each square foot of relocation credit available to Company, to the maximum size and height limitations allowed by the specific approved land use permit for such sign and as allowed in the specific zoning district . Relocation credits used by Company shall be deducted from the total relocation credits available to Company. Relocation credits, Aggregate Sign Area,, and all other calculations of sign area and height shall be recorded by the Community Development Department . Section 7 . NON-WAIVER OF ENFORCEMENT RIGHTS The County does not, nor shall this Agreement be constructed to, waive any of its rights to enforce all building, zoning, health and safety regulations of the Contra Costa County Ordinance Code and all other provisions of the Contra Costa County Ordinance Code, including, but not limited to, Chapter 88-6, Outdoor Advertising. Section 8 . ASSIGNMENT This agreement binds the heirs, successors, assigns and representatives of the Company, but it cannot assign it in whole or in part, without the prior written consent of the County. Section 9 . AMENDMENTS AND TERMINATION This Agreement is not subject to modification or amendment except by a writing executed by Company and County, which writing shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement . This Agreement may be terminated by the County upon Thirty days written notice to 4 Company. Section 10 . HOLD HARMLESS AND INDEMNITY Company shall defend, save and hold harmless County and its officers and employees from any and all claims, costs and liability for any damages, injury or death arising directly or indirectly from or connected with the subject matter of this agreement, due to or claimed or alleged to be due to negligent or wrongful acts of Company or any person under its control, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County, and will make good to and reimburse County for any expenditures, including reasonable attorneys fees, County may make by reason of such matters and, if requested by County, will defend any such suits at the sole cost and expense of Company. Section 11 . SEVERABILITY If any provision, or part thereof, of this agreement is held invalid for any reason by a court of competent jurisdiction, that holding shall not affect the validity of the remaining provisions of this agreement . DATED: 02�j �9 q(p DATED: COUNTY O C N C ELLER MEDIA By: By� Approved as to form: Victor J. Westma County Counsel DJS :bmw a djs-6\a:\e11er-me.agr 5 A SDA b AGREEMENT 0RUNAL This Agreement is between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as "County" and GANNETT OUTDOOR, hereinafter referred to as "Company" . The County desires to remove and the Company desires to relocate billboards which advertise tobacco products and alcoholic beverages so that no such billboards be located within 1600 feet of schools . NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows : Section 1 . EFFECTIVE DATE (a) Effective Date . This Agreement shall become effective upon the date it is signed by all the parties . Section 2 . DEFINITIONS (a) Aggregate Sign Area : "Aggregate Sign Area" shall mean the sum of all involved sign face areas offered for relocation expressed in square feet, owned by Company within the unincorpo- rated area of the County. (b) Face 'Area and Aggregate Face Area: "Face Area" shall mean the area of each individual sign surface upon, against, or through which the message is displaced .or illustrated. The area of a sign surface composed of characters, illustrations or words attached directly to a wall or vertical surface of a building or structure shall be the area of the smallest rectangle which can enclose such characters, illustrations or words . The face area of an off-site advertising sign shall be the area of the smallest rectangle which can enclose characters, illustrations or words . The face area of an off-site advertising sign shall be the area of the rectangular board on which non-accessory advertising copy is placed excluding any flyer. A flyer may be of any shape or proportion, but the product of the overall vertical dimension and the overall horizontal dimension shall not exceed one-quarter of the area of the sign . to which it is a flyer. "Aggregate face area" is the sum of the face areas of a multiple- faced, off-site advertising sign. (c) Flyer: "Flyer" means an addition, cut-out, extension or embellishment to an outdoor advertising structure beyond the limits of its ordinary dimension and as more particularly defined in Contra Costa County Ordinance Code § 88-6 .406 . ':;D b (d) Off-Site Advertising Sign: "Off-site advertising sign" also "sign" as used herein, shall mean a sign constructed. (e) Priority Signs : "Priority Signs" means those off-site advertising signs located within 1600 feet of a school and designated as such signs in Exhibit A, attached hereto and incorporated by reference herein. (f) Relocation: "Relocation" shall mean the removal and subsequent reconstruction and installation at a new location of an off-site advertising sign in accordance with Contra Costa County Ordinance Code, Title 8 . (g) Relocation Credit : "Relocation Credit" shall mean the transfer of development rights expressed in square feet of face area, of an off-site advertising sign removed under the terms of this Agreement and the crediting of the face area of such sign to an alternate location acceptable to the County. (h) School : "School" shall mean a public or private elementary or secondary institution for grades K-12 . (i) Sian: "Sign" shall mean a writing, pictorial representation, symbol, registered trademark, flag, banner, or pennant, or other device or figure of similar character used to identify, announce, direct attention, advertise or communicate, installed on or outside a building or on an exterior window of a building; and structural supports for any of the foregoing. Any word or phrase not defined above shall be construed in accordance with the provisions of Chapter 88-6 of the Contra Costa County Ordinance Code in force on the execution of this agreement . Section 3 . REMOVAL OF PRIORITY SIGNS Within thirty (30) days following execution of this Agreement, Company shall submit at least one (1) application for a land use permit of a priority sign relocation. Thereafter, all remaining land use permits hall be applied for by the Company in a timely manner so that all priority signs owned by Company as of that date shall be removed within eighteen (18) months following issuance of the first land use permit approved by the County, except as provided in Section 12 . Prior to the relocation of any off-site advertising sign under the terms of this Agreement, and following final approval of land use permits, each priority sign shall be 2 SD.gb abated, dismantled and removed. No off-site advertising sign shall be accepted for relocation or granted relocation credits until all priority signs are relocated. Section 4 . RELOCATION OF PRIORITY SIGNS A priority sign may be relocated and installed at a new site provided that the Company first receives Land Use Permit approval in accordance with Section 26-2 . 2008 of the Contra Costa County Code. Notwithstanding any of the foregoing, no relocated sign shall be located within 1600 feet of a school . Two years after the effective date of this Agreement, the Community Development Department shall review and report to the County Board of Supervisors concerning the effectiveness of reducing the previously planned 2000 feet to 1600 feet distance from schools . This agreement in no way abrogates or affects the Board of Supervisors ' authority to determine any appropriate action to be taken to safeguard the general welfare of the county' s residents . Company shall ensure that the relocated signs which advertise tobacco products and alcoholic beverages are not located as to increase exposure to children at locations other .than schools and do not otherwise significantly increase exposure in general . When submitting an application for a land use permit., Company shall use its best efforts to identify all parks, child care facilities and locations with substantial concentration of children within 1600 feet of the relocated sign. Staff of the Community Development Department has discretion to consider the number of billboards, the number of advertising faces, the square footage of the billboards and the average daily traffic volumes at the sites of the existing billboards and at the proposed replacement sites for the purpose of achieving a "rough equivalency" between the signs removed and the signs relocated. Company acknowledges that relocated signs may be allowed only in NB (Neighborhood Business) , RB (Retail Business) , U (Unrestricted) , LI (Light Industrial) , HI (Heavy Industrial) , and C (Commercial) districts, and must comply with the General Plan and the zoning ordinance in effect at the time zoning Land Use Permit approval is granted. Company acknowledges it has no vested right to erect advertising signs listed in Exhibit A in new locations . Section 5 . RELOCATION CREDITS In lieu of relocation of any sign, Company may elect to remove such 3 sign and therefor obtain relocation credits . Relocation credits shall be one (1) square foot of face area for each square foot of face area in each sign removed. Company may use relocation credits to increase the height or size of an advertising sign or signs beyond the limits of those signs currently existing within the unincorporated County and. as specified by the approved land use permit for said sign. Relocation credits may be reserved for the term of this Agreement . Section 6 . LIMIT ON RELOCATION CREDITS Whenever a sign is relocated, the face area of such sign may be increased by one (1) square foot for each square foot of relocation credit available to Company, to the maximum size and height limitations allowed ,by the specific approved land use permit for such sign and as allowed in the specific zoning district . Relocation credits used by Company shall be deducted from the total relocation credits available to Company. Relocation credits, Aggregate Sign Area, and all other calculations of sign area and height shall be recorded by the Community Development Department . Section 7 . NON-WAIVER OF ENFORCEMENT RIGHTS . The County does not, nor shall this Agreement be constructed to, waive any of its rights to enforce all building, zoning, health and safety regulations of the Contra Costa County Ordinance Code and all other provisions of the Contra Costa County Ordinance-Code, including, but not limited to, Chapter 88-6, Outdoor Advertising. Section 8 . ASSIGNMENT This agreement binds the heirs, successors, assigns and representatives of the Company, but it cannot assign it in whole or in part, without the prior written consent of the County. Section 9 . AMENDMENTS AND TERMINATION This Agreement is not subject to modification or amendment. except by a writing executed by Company and County, which writing shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement . This. Agreement may be terminated by the County upon Thirty days written notice to Company. Section 10 . HOLD HARMLESS AND INDEMNITY 4 Company shall defend, save and hold harmless County and its officers and employees from any and all claims, costs and liability for any damages, injury or death arising directly or indirectly from or connected with the subject matter- of this agreement, due to or claimed or alleged to be due to negligent or wrongful acts of Company or any person under its control, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County, and will make good to and reimburse County for any expenditures, including reasonable attorneys fees, County may make by reason of such matters and, if requested by County, will defend any such suits at the sole cost and expense of Company. Section 11 . SEVERABILITY If any provision, or part thereof, of this agreement is held invalid for any reason by a court of competent jurisdiction, that holding shall not affect the validity of the remaining provisions of this agreement . DATED: 0?3/ l96j� DATED: COUNTY 'OF C COSTA GANNET OUTDOOR C BY Y= T�6' iY /�' .Sf{iNA( Approved as to form: L /.". ot JV I- Victor J. Westma 01 County Counsel DJS :bmw djs-6\a:\gannett.agr 5