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MINUTES - 12121995 - D3
TO: BOARD OF SUPERVISORS I'0'-4 Contra r' FROM: INTERNAL OPERATIONS COMMITTEE ''�f Costa � . County ,. . DATE: December 4, 1995 STATUS REPORT ON A PROPOSED ORDINANCE TO PROHIBIT THE SUBJECT: ADVERTISING OF ALCOHOL AND TOBACCO PRODUCTS ON BILLBOARDS WITHIN 2000 FEET OF SCHOOLS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. DIRECT the County Counsel to return to the 1996 Internal Operations Committee within 60 days with a proposed agreement between the County and the billboard companies which own the ten billboards in question in this County, based on the Hayward and/or San Leandro agreements which contains the following basic elements: ✓ Takes the form of a contract rather than an "accord". ✓ Provides for the removal and replacement in a new location of at least eight of the ten identified billboards in question which are currently within 2000 feet of a public or private school in the unincorporated area of the County. ✓ Limits the total square footage of the new billboards to no more than the existing square footage of the ten billboards in question. ✓ Exempts one billboard in Crockett from these provisions on the basis that it is already covered by the billboard industry's voluntary policy prohibiting alcohol or tobacco advertising within 500 feet of a school. CONTINUED ON ATTACHMENT: " ' YES SIGNATURE: -RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): MARK DeSAULNIER (JIM ROGF1 ACTION OF BOARD ON Dprp hpr 12. 1 AM APPROVED AS RECOMMENDED _X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT none ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN, ATTESTED December 12, 1995 Contact: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF CC: Health .Services Director SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Community Development Director BY DEPUTY 11.0.-4 ✓ Does not significantly increase the exposure of alcohol or tobacco advertising to those individuals unable to legally purchase the alcohol or tobacco product advertised by moving the billboard to a new location more.than 2000 feet from a school. 2. REQUEST staff to discuss with the billboard companies various alternatives for addressing the issue of the 1-680 billboard which is within 2000 feet of an elementary school in Pacheco and report back to the 1996 Internal Operations Committee within the 60 day period noted below. These alternatives might include: Exempting the billboard from the proposed agreement in view of the relatively unique situation of this billboard in relation to the school which it is within 2000 feet of. Entering into a long-term agreement with the billboard companies which would prohibit alcohol and tobacco advertising on the billboard in exchange for some other concessions on the part of the County. Making the billboard subject to the agreement outlined in Recommendation #1 above. Some other alternative which would be mutually acceptable to the billboard companies and the Internal Operations Committee (and ultimately the Board of Supervisors). 3. DIRECT staff to discuss with the billboard companies the feasibility of allowing alcohol and tobacco advertising on the ten billboards in question for a portion of the year, with the billboards for the balance of the year to carry public service announcements which urge minors not to use tobacco or alcohol products. 4. For purposes of receiving and considering the report identified above, REFER this issue to the 1996 Internal Operations Committee, requesting that the 1996 Internal Operations Committee hear the issue as soon as possible after the end of the 60 day period and that this item be REMOVED as a referral to the 1995 Internal Operations Committee. 5. In response to the request of Women and Girls Against Tobacco for a Task Force as is outlined in their attached report, DIRECT the Health Services Director to invite the following organizations to meet: The Substance Abuse Advisory Board The Public Policy Partnership Women and Girls Against Tobacco The American Cancer Society Representatives from the Tobacco and Alcoholic Beverage Industries The Center on Alcohol Advertising -2- I.O.-4 6. REQUEST the above groups and organizations to attempt to come to some agreement on the following points regarding a potential Task Force: How can the County best and most appropriately form an advisory group which meets the objectives outlined by Women and Girls Against Tobacco? Can the Substance Abuse Advisory Board or a subcommittee of the Substance Abuse Advisory Board serve the purposes proposed by Women and Girls Against Tobacco? Why or why not? What should the purpose and scope of work for such an advisory body be? What should the composition of such an advisory body be? BACKGROUND: For the past several months, our Committee has been wrestling with the issue of how and whether to prohibit alcohol and tobacco advertising on billboards which are located within 2000 feet of a school in the unincorporated area of the County. We have identified tel such billboards. Rather than confront the Constitutional issues which have been raised by the alcohol and tobacco industries regarding their first amendment rights and issues of Federal preemption, we have followed the alternative course of trying to reach a voluntary agreement with the billboard companies under which they would agree to remove the ten identified billboards in exchange for alternative locations which would be acceptable to the billboard companies and where they could successfully obtain a land use permit for the new billboard. At least two similar agreements are in existence in the Bay Area, in the cities of Hayward and San Leandro. Those agreement are attached, along with the report we received from the Community Development Department. We have agreed to exempt one of the ten billboards, located in Crockett, on the basis that it is subject to the billboard companies' voluntary national policy of avoiding placing alcohol or tobacco advertising on billboards within 500 feet of a school, which this one billboard is. Our Committee is divided on a recommendation regarding one billboard which is on Interstate 680, but within 2000 feet of the Las Juntas Elementary School on Pacheco Boulevard in the Martinez area, which is on the west side of Interstate 680 and from which the face of the billboard is not visible. Supervisor DeSaulnier is willing to exempt this billboard from the agreement on the basis of its unique location completely removed from any immediate proximity to the affected school since it is across the freeway from the school and since the face of the billboard is turned away from the direction of the school. I Supervisor Rogers believes that this billboard should be required to comply with the agreement the same as all of the other billboards on the basis that exempting this one billboard ford its unique location, even though it is clearly within the 2000 foot limit, will lead to additional requests for inclusion and I I -3- I I e I.O.4 exclusion of other billboards based on their location and without regard to the 2000 foot limit. In other words, some will seek to include billboards more than 2000 feet from a school on the basis that they are on a direct travel route to the school on which many of the students drive on a daily basis. On the other hand, there may be other requests to exempt other billboards which are within the 2000 foot limit on the basis of unique characteristics only shared by that one billboard. The Board of Supervisors must determine which of these two courses of action to follow. The representatives of the billboard industry made it clear in their testimony that they would have a very real problem if Supervisor Rogers' position were sustained by the majority of the Board of Supervisors. We met with representatives of the alcohol, tobacco and billboard industries on December 4, 1995, along with staff from the Health Services Department and other advocates for reducing the exposure of minors to alcohol and tobacco advertising. We have reviewed the Hayward and San Leandro agreements and believe that they can form the model for a similar agreement in Contra Costa County. We are asking the County Counsel's Office to work with the billboard companies in an effort to fashion an agreement within the next 60 days that meets the criteria outlined in Recommendation #1 above and is acceptable to both the billboard companies and the Board of Supervisors. We have also been asked by Women and Girls Against Tobacco and other advocacy organizations to consider the formation of a Task Force which would review the status of tobacco advertising in Contra Costa County, particularly in regard to young people and the issues of advertising, marketing and promotion of tobacco use to young people. A copy of their letter is attached. Representatives from the Health Services Department suggested that this would fit in well with some activities the County's Substance Abuse Advisory Board already had underway and with the work of the Public Policy Partnership, a group put together by the Health Services Department. We are asking the Health Services Department, perhaps through the auspices of the Substance Abuse Advisory Board, to convene a meeting of all interested parties and attempt to determine the most effective way for the County to approach this topic and return their recommendations to the 1996 Internal Operations Committee. -4- .......... CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: November 28, 1995 TO: Internal Operations Committee '/� FROM: Dennis Barry, AICP Deputy Director SUBJECT: Billboard Locations in Unincorporated Contra Costa County. On September 18, 1995, Community Development Department staff met with Gannet Outdoor and Patrick Media Group. Inc. to discuss a framework for relocation of the nine billboards within the unincorporated area of the County. At that time, staff had requested the billboard companies provide a framework of an agreement for relocation of the billboards for consideration by the Internal Operations Committee. The companies provided to the Community Development Department relocation agreements from the City of Hayward and the City of San Leandro along with a draft time line for billboard relocation in Contra Costa County. The agreements and time line are attached. The discussions between staff and the companies focused on preparing a preliminary framework for relocating the billboards and the terms of their relocation. The items to be included in the framework are timely removal of existing billboards and capping the number of billboards within .a 2,000 foot radius of schools, locating new billboard sites acceptable to the Community Development Department and filing land use permit applications for the new sites. Additionally, a mechanism to address the issue that one to one replacement sites may not be available,but based upon relative sizes and faces of the billboards replaced vs. those proposed,the companies might come in with a number sites equal to or less than the number currently held. All new billboards approved would be consistent with the maximum square footage requirements of the Outdoor Advertising Ordinance(Chapter 88-6 of the County Code). The agreements with the City.of Hayward and the City of Sari Leandro are similar to-what staff envisions for this relocation process. The agreements require approval of the applicable agency, provide deadlines for removal and relocation of billboards and address transfer of billboard copy square footage, if one to one replacement is available. ---------- c 18:Re GANNETT OUTDOOR Draft Contra Costa Time Line: 1. Companies acquire acceptable new sites (probably obtaining conditional leases or options) . This should take approximately 60 days. 2. List of company acceptable sites forwarded to county. County approves those that are acceptable to the County. We are hopeful the county could make this determination within 30 days. 3. Companies make formal application for replacement sites. This should occur within ten days of the county's initial determination fassuming the application is akin to a normal building application) . 4. County issues permits for new sites. 5. Companies complete structures (60 days from permit issuance) . 6. County issues final permit approvals (48 hours from Completion of structure) . 7. companies remove existing structures (5 days from final permit approval) . S. companies can commence putting copy on the riew structures. coo GO :2M C= • - l ik5 S! CO$T4, November 21, 1995 05 NOV 22 PM 5: CCj Y UEYE Q1-W f DEPT Deborah Chamberlain, Senior Planner Contra Costa County Community Development Department Administration Building 651 Pine Street - 4th Flr/North Wing Martinez, CA.94553-0095 Dear Ms. Chamberlain: Enclosed please find a copy of the relocation agreement between Eller Media Company, formerly Patrick Media Group, and the City of Hayward. You may find it useful as a guide or reference in drafting a similar relocation agreement for Contra Costa County. If you have any questions regarding the Hayward relocation, please do not hesitate to contact me at (510) 835-5900 ext. 230. Sincerely, u e H. Kim P blic Affairs Representative Enclosure CL a 16 Ca�h 6Y OFF--SITE ADVERTISING SIGN RELOCATION AGREEMENT This Agreement is between the CITY OF HAYWARD, a municipal corporation, hereinafter referred to as *City* and PATRICK MEDIA GROUP, hereinafter referred to as "Company. " R E C I T A L S• 1 . It is the intention of the parties to this Agreement that its provisions shall implement and be construed in accord- ance with the provisions of Section 5412 of the Business and Pro- fessions Code . The Legislature has found and declared that it is in the public interest that consistent statewide standards be established for laws, ordinances , and regulations governing the removal .of lawfully erected outdoor advertising displays. This uniformity will eliminate the uncertainty concerning the validity of removal efforts by local entities, provide a mechanism for local entities to adopt effective removal and relocation pro- grams, establish standards which will allow private owners to operate without the imposition of different removal requirements in each jurisdiction, and will eliminate the multitude .of expen- sive and time--consuming lawsuits burdening local entities, dis- play and property owners, and the judicial system. 2 . The provisions of Section 5412 of the Business and Profession Code preempt and supersede the provisions of Article 7 of Chapter 10 of the Hayward Municipal Code insofar as said pro- f ,r visions require the removal of outdoor advertising displays in existence lawfully erected after No 6, 1978, without pay- ment of compensation therefor. Section 5412 specifically author- izes City to enter into "relocation agreements" to allow the con- tinuation of municipal land planning without the necessity for the payment of compensation. Accordingly, it is the sole and express intention of the parties hereto to implement the provi- sions of Section 5412, with regard to outdoor advertising dis- plays owned by Company and located in City, by permitting the relocation of outdoor advertising displays in a manner which Protects the property interests of the owners of said signs and carries out the public interest in maintaining the health, -safety and welfare of the citizens of Hayward and fosters the improve- ment of the City's downtown area. It is not the intention of the parties , nor shall this Agreement be so construed to gran. to Company any greater rights, property interest or economic advant- age not otherwise legally available to any other person, firm or corporation engaged in a similar enterprise or endeavor. Section 1. DEFINITIONS. The following words and phrases used herein shall have the meaning respectively ascribed thereto: (a) Aggregate Sign Area. "Aggregate Sign Area" shall mean the sum of - all sign face areas, expressed in square feet, owned by Company within the City of Hayward. Said signs are enumerated in Exhibit A, which is attached hereto and is incor- porated herein by this reference and made a part hereof. (e) Priority Signs . 'Priority signs' means those of.€=site advertising signs designated as such signs in Exhibit A. (f) Reconstruction In Place. "Reconstruction in place means the removal or partial removal of an offs-site advertising sign and the reconstruction or partial. re.const.ruction of such sign in the same location in accordance with the standards set forth in ,Exhibit B, which is attached. hereto and incorporated herein by this reference and made a part hereof. (g) Relocation. "Relocation" shall mean 'the removal and subsequent reconstruction and installation at a new location of an off-site advertising sign . in accordance with the standards set forth in Exhibit B, and the locations set forth in Exhibit C, which is attached hereto and incorporated herein by this refer- ence and made a part hereof. (h) 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- existing sign to be relocated or reconstructed in place. {i ) Sign. "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. . Ca:cti^;a.:c�cr�-�t.•:s�.3LKrtiUGSS(iiitiG%i;.52{ktei7.{i6. Any word or phrase not defined above shall be construed in accordance with the provisions .of Article 7 , Chapter 10 of the Hayward Municipal Code. Section 2. • REMOVAL OF PRIORITY SIGNS. Within ten ( 10 ) days following execution of this agree- ment , Company shall submit at least one ( 1 ) complete application for site-plan review of a priority sign relocation. Thereafter , all priority signs owned by Company as of that date shall be removed within eighteen (18) months following issuance of the first site-plan approval by City. . Prior to the relocation or reconstruction in place of any off-site advertising sign under the terms of this Agreement, all priority signs shall be abated, dismantled and removed. Signs which are not designated under the terms of this Agreement as priority signs, but which subsequently become located in the redevelopment area as a consequence of the exten- sion of the redevelopment project area pursuant to the Community Redevelopment Law (commencing with Section 33000 of the Health and Safety Code) shall be removed within six ( 6) months of -- expenditure of tax-increment funds in or for such project area extension by the Redevelopment Agency of the City of Hayward. Any sign located on City owned property which .is not designated as a priority sign shall be removed at the expiration of the lease term under which it exists as of the date of this Agreement. 7 Section 3. RELOCATION OF PRIORITY SIGNS. A priority sign may be relocated and installed at, a new site provided that the Company first receives Site Plan Review approval in accordance with Article 1 of Chapter 10 of the Hayward Municipal Code. In addition to the standards of review set forth in Hayward Municipal Code Section 10-1.585, each relocation request shall be reviewed in accordance with the standards of Exhibit B and locational restrictions of Exhibit C. Company acknowledges that relocated signs will only be allowed in I, Industrial, and CG, General Commercial, districts , and that they must comply with the General Plan 'and the Zoning Ordinance in effect at the time Site Plan Review approval is granted. Company acknowledges it has no vested right to the locations depicted on Exhibit C. Section 4 . RECONSTRUCTION OR RELOCATION OF NON-- PRIORITY SIGNS. All off-site advertising signs shall be upgraded to conform to the standards set forth in Exhibit B within five ( 5) years of the date of this Agreement. The Company may, at its sole discretion, but subject to prior Site Plan Review in accordance with the provisions of Article 1 of Chapter 10 of the Hayward Municipal Code, the standards set forth in Exhibit B, the locational restrictions set forth . in Exhibit C, this Agreement and applicable building codes, reconstruct or relocate non-priority off-site advertising signs . Non-priority signs located adjacent to or readily Visible from any scenic roadway or scenic corridor established by the General Plan or any applicable specific plan of City shall be removed and relocated pursuant to the provisions of Article I of Chapter 10 of the Hayward Municipal Code, this Agreement and applicable building codes within one hundred eighty ( 180) days after receipt of notice by City for such relocation or removal . Company acknowledges that relocated signs will only be allowed in I , Industrial, and CGI General Commercial, districts, and that they must comply with the General Plan and the Zoning Ordinance in effect at the time Site Plan Review approval is granted. Company acknowledges it has no vested right to the locations depicted on Exhibit C. Section 5. RELOCATION CREDITS. In lieu of relocation of any sign (including a priority sign) , Company may elect to remove such sign and obtain therefor 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 a non-priority off-site advertising sign or signs beyond the limits set forth in Exhibit B, when such sign or signs are reconstructed in place, provided that, in no event,, shall any sign exceed a maximum of six hundred seventy-two (672) square feet in face area, excluding temporary incidental sign projections or forty ( 40 ) feet in height, measured from ground level,,- except along the Nimitz Freeway (Interstate 880) where 50 iii`+`c]Jr*tsS.l::iu4•-.e+ ..:•..:.:.y.'.u:...:....+..+....' feet in height is permitted. Relocation credits may be reserved for the life of this Agreement . City acknowledges Company has nine hundred ( 900 ) square i feet of credit for two billboards removed in June 1985 . Use of this credit is contingent upon verification of the lease payment status for the billboards prior to their removal. Section 6 . LIMIT ON RELOCATION CREDITS. Whenever a sign is relocated or reconstructed in place 4 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 a maximum of six hundred seventy--two ( 672) square feet. Whenever the height of a sign is increased above thirty ( 30 ) feet, an additional thirty ( 30) square feet of relocation credit shall be deducted for each additional foot in height of the reconstructed sign. 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 Planning Department of the City'. Notwithstanding anything in - - . this Agreement to the contrary, the Aggregate Sign Area of Company, including face area in place, face area converted to excess height, size and temporary incidental sign projections and unused relocation credits, shall not exceed seventeen thousand three hundred sixteen (17 ,316) square feet, i Section 7 . NON-WAIVER OF ENFORCEMENT RIGHTS . The City does not, nor shall this Agreement be construed to, waive any of its rights to enforce all building, health and safety regulations of the Hayward Municipal Code and all other regulations of the City of Hayward which relate to the safety and structural integrity of an off-site advertising sign. The provi- sions of this Agreement shall not apply to any sign, the removal of which may be compelled without the payment of compensation pursuant to Section 5412 of the Business and Professions Code, nor to any sign which is acquired by a governmental entity through the use of eminent domain. In the event a sign listed in Exhibit A is removed in either of the above ways, the Aggregate Sign Area permitted to -Company herein shall be reduced by the face area of the sign so removed. 'Should Company allow to remain, construct, relocate or reconstruct in place any off-site advertising sign, except in accordance with the provisions of this Agreement,, then in such instance the act or purported act shall be unlawful, void, - a default under the---terms of: this Agreement,, and notwithstanding any other provision of law to the contrary, including,, but not limited to Section 5412 of the Business and Profes,sions Code, the City may, at its sole discretion abate or cause the abatement of such sign and the Company shall have no recourse and does hereby irrevocably waive any such rights to proceed against City under provisions of the Fifth and Fourteenth Amendments of I the US Constitution, or Article 11 Section 19 of the California Consti- tution or Title 7 , (commencing with Section 1230 .010 ) of Part 3 of the California Code of Civil Procedure. If City abates or causes the abatement of any off-site advertising sign pursuant to this section, Company shall reimburse City for the cost of such abatement upon demand therefor from City. Section 8 . ASSIGNMENT. This Agreement shall be binding upon', and shall inure to the benefit of, the successors and assigns of the parties here- to. The rights of Company pursuant to this Agreement' shall be assignable by Company with the express written consent of City, which consent shall not be unreasonably withheld. City shall ° be entitled, however, to consider only the financial resources and business reputation of any proposed assignee in determining whether or not to grant such consent. Section 9.. AMENDMENTS. This Agreement is not subject to modification or, amend- ment except. by a writing executed by both Company and City, which writing shall expressly state that it is intended by the parties to amend the terms -and-condi-tions of this Agreement. - -- Section 10. ATTORNEY FEES. If legal action by either party is brought because of a breach of this .Agreement or to enforce any term or condition of this Agreement, the prevailing- party shall be entitled to recover in the same or in a separate action reasonable attorney fees and court .costs. Section 11 . DURATION. This Agreement shall remain in full force and effect for ten ( 10) years. Section 12. HOLD HARMLESS . Company agrees to and shall hold City,' its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of Company or those of its contractor, sub- contractor, agent , employee or other person acting on its behalf which relate to this Agreement . Company agrees to and shall defend. City and its officers, agents, employees and representa- tives from actions for damages caused or alleged to have been caused by reason of Company's activities in connection with this Agreement. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regard- less- of whether--or not City- prepared, supplied, or approved plans or specifications or both for the construction, reconstruction or relocation of off-site advertising signs. Section 13. TERMINATION BY INVALIDITY. This Agreement is terminated without liability as to party upon determination by a court of competent jurisdic- tion that the actions or forebearances of City hereunder are ultra. vires. This Agreement is entered into in reliance upon the parties ' mutual determination that - the statute authorizing this Agreement is valid. Section 14 . CHANCES IN LAW. In the event that state or federal laws or regulations , enacted before or after the date of this Agreement , prevent or preclude compliance with one or more of the provisions of this , Agreement , such provisions shall be deemed modified or ,suspended by the. consent of the parties to the extent , and only to the extent, necessary to comply with such state or federal laws' or regulations. . IN WITNESS WHEREOF , the parties hereto, City by and through its City Manager first duly authorized, and Company by and through duly authorized and qualified officers .or agents thereof, have executed this Agreement . COMPANY CITY OF HAYWARD, a municipal corporation By: By: Title: City Manager (Acknowledgment Attach appropriate corporate resolution. indicating that Attest: officer executing this Agree- ment has the power to bind the principal) City Clerk Approved as ',to form: City 'Attorney GANNErr qPPPR NOV IS PM 4: 28 l j STEPHEN R. SHINN, VICE PRESIDENT D 1E,►tLv;';ik ;i l DEPS' PUBLIC AFFAIRS November 15, 1995 Ms. Deborah J. Chamberlain Senior Planner Community Development Department Administration Building 651 Pine St. 4th Floor-North Wing Martins, California 94553-0095 Dear Deborah, Enclosed for your review is a copy of the Off-Site Sign Relocation Agreement for the City of San Leandro. I trust this will provide some useful context on how a similar agreement could be done in Contra Costa County. If you have any questions or would like some additional information, please don't hesitate to call. I'll be looking forward to hearing from you so we can discuss our preparation for the December 4, 1995, Internal Operations Committee meeting. Sinc e , 1 GANNETT OUTDOOR OF NORTHERN CALIFORNIA �� 1695 EASTSHORE HIGHWAY,BERKELEY,CA 94710 (510)527-3350 FAX:(510)527-7041 } IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 94 - 10 (1147) RESOLUTION APPROVING AGREEMENT (Gannett Outdoor) Recitals An agreement between the City of San Leandro and Gannett Outdoor, a copy of which is attached, has been presented to this Council . The City Council is familiar with the contents thereof. The City Manager has recommended the execution of—said agreement. NOW, THEREFORE, the City Council of -the City of San Leandro does RESOLVE as follows: That said agreement is hereby approved and the City Manager is hereby authorized and directed to execute the same on behalf of this City. Introduced by Council Member Myers and passed and adopted this 18th day of January 1994, by the following called vote: Members of the Council : Ayes• Council Members Corbett, Kerr, Myers, Nahm, Perry, Polvorosa; Mayor Faria ( 7 ) Noes: None ( 0 ) Absent: None ( 0 ) Attest: "'� "► Alice Calvert, City Clerk GANNETT OUTDOOR CO. OF NORTHERN CALIFORNIA, a division of COMBINED COMMUNICATIONS CORPORATION SECRETARY' S CERTIFICATE I, Thomas L. Chapple, Secretary of the above-named Division, hereby certify that Gary Duckworth is Vice President/General Manager of this Division, and is authorized on behalf of this Division to execute, deliver, and approve the Off-Site Advertising Sign Agreement between this Division and the City of San Leandro. IN WITNESS WHEREOF, I have executed this Certificate this 8th day of September, 1993 . Thomas L. Chapple Secretary real\m930908a.040 ^a CES _ C 0 C Q? d C C] x w cz y` .._U`. C7 E 7cz"to ca O O. � O E N v C) ` C Q N d _O > C CL C� N 0 cOn N cn to C cm cn Ct0 a. Q •O d O0 'N O L d O W co Q-! ,l- C O p Z (D C3 C w C O .G "0, C W r r O. 0 .0 }: O O O Cl'- O � O O .. .� ❑. G N t3 ,.. Z Z •L U C Q} t— m cD O C O U U C m C Cj) C U O � ,C E U E CO Z n tin" a t 1 Z CC Z CC ?- Z Cr Z �7 O rn >, Z X X X X •L cts dam } X X C C v 1 U ^ "a L!: *S .. M M M co co.. CD C cc% O --1 cm C C C C r: NCO CU C\j N F. cV O Y V C at ccaa . v O as 2 g. o o LLIo a Q Z tiof CO C\j Z co cca ., '0 ° C c d OC N CO N cz CIS� .� C � vs C o 0 c O o a ca _ o cz a) O cj o .g ma y-, Z U) m y y O Ocm > m 0 O O C� c�S. N CDC in m W m �� w n © _5 d � m 6 z C m '•'�" �� I] _ etii «.: tri tfj Q EXHIBIT B OFF-SITE ADVERTISING SIGNS I. Off-Site Advertising Signs. A. Location. No off-site advertising sign shall be located: 1. In or within one hundred (100) feet from a building site in an RS, RD, RM-3000, RM-2500, RM-2000, RM-1800, R0, P, PHD, CN, CS or CD (Zoning Code Districts) ; 2. In an IP or IL (Zoning Code District) ; 3. In or within one hundred (100) feet from a CR, CS or PS (Zoning Code Districts) ; or 4. Primarily visible from BART. B. Approval Process. Each approval for relocation and a reconstruction of an off-site advertising sign shall be subject to compliance with specific conditions of approval of the Development Services Director and in accordance with the following guidelines: 1. Location, Height and Spacing: (a) Off-site advertising signs shall not be located in or closer than 100 feet to a building site in a RS, RD, RM-3000, RM-2500, RM-2000, RM-1800, R0, P, PHD, CN, CS, CD, IP or IL (proposed Zoning Code Districts) , or in or closer than one readily visible from any such district, it shall be no closer than five hundred (500) feet therefrom; provided, however, that the Development Services Director shall have. the authority. to reduce such sign distance upon its determination that to do so would not result in a significant adverse effect upon such district. (b) Except as provided in. Sections 6, `7 and 8 of an Off-Site Advertising Relocation Agreement, maximum height s.hal_1 be the min,imum.necessary for good visibility and shall. not exceed thirty (30) feet. Maximum area of any off-site advertising sign face shall not exceed three hundred (300) square feet. (c) Minimum spacing between off-site advertising signs on the same side of the street and simultaneously visible shall be one thousand (1,000) feet. 2. Design and Construction; (See attached Exhibit C) (a) All off-site advertising signs shall be supported by single or double steel posts with no visible structural joints and with no angular offsets except at platform level . In the case of new off-site advertising signs or existing off-site advertising signs for which new columns are necessary to comply with the preceding sentence, the new steel supports shall be round or boxgirder in section. All connections of flanges shall be within 12" of grade or concealed between the sign face and the back of the sign. Support columns, working platforms, and signs shall be kept free of electric meters,, ladders, wiring or conduit, graffiti and signs placed by others, and any other unnecessary appurtenances or attachments except as provided herein. (b) Single-faced off-site advertising signs shall have smooth backs tied to the faces with decorative reveals covering the space between the back and the face of the sign. There shall be no visible bracing or other visible structural elements. All moldings shall be replaced and maintained in first-class condition. (c) Exposed portions of each structure shall be entirely of fiberglass or metal , treated to minimize corrosion and deterioration, and frames, supports, and backs shall be of a neutral color. Frames on wall -mounted off-site advertising signs shall be painted the same color as the mounting wall . (d) Ladders shall not be readily visible from any public street or adjacent property not owned by the lessor of the off-site advertising sign site. Electric meters shall be placed on the support column as unobtrusively as possible. (e) Working platforms shall be enclosed with a smooth frame. No structural .el.ements of working platforms shall be externally visible. (f) Lighting fixture shall be either contained within or attached to the working platform or mounted overhead in a thin line fluorescent fixture in a manner that prevents the light source from being directly visible from any adjacent public street or way. (g) All electrical service to off-site advertising signs shall be placed underground. 3. Site Improvement: (a) The area. owned by the lessor of the off-site advertising sign location and less than twenty (20) feet from the support columns of the off- site advertising sign shall be improved and maintained in accordance with subsections (1) and (2) below, provided, however, that a greater area may be required to be maintained or improved for any sign larger than the. standard 12' x 25' (300 sq. ft.) sign where such greater area reasonably relates to the sign site. (1), If the site is a portion of an area used for parking, vehicle storage, or similar activity relating to another use on the same property, it should be paved. Exhibit B/Off-Site Adv. Sign Agreement January 25, 1994 Page 2 (2) If the site is unimproved and is visible from a public street or from property not owned by the lessor of the site, it should be suitably fenced, landscaped,provided with other ground treatment wherever reasonably feasible to do so. Such treatment might, for example, include tree planting adjacent to any blank off-site advertising sign face, such as behind a single-faced off-site advertisings in or in the vee of two (2) single-faced off- site advertising signs. Trees should be of a type that will grow as tall as the off-site advertising sign within five (5) years under expected growing conditions at that location. Grass, shrubs or ground cover should either be planted or decorative non-living ground cover should be placed under and in front of each off-site advertising sign. Specific ground treatment requirements for each site should be included in the Development Services Director approval ; compliance with standard Board of Zoning Adjustments requirements covering landscape maintenance shall be required for any landscaped areas. C. Maintenance. All off-site advertising sign sites, structures and the advertising copy. thereon shall be maintained in sound and attractive condition at all times. All graffiti :shall be promptly removed from the sign sites, structure, and advertising copy. Exhibit B/Off-Site Adv. Sign Agreement January 25, 1994 Page 3 IN WITNESS WHEREOF, the parties hereto, City by and through its City Manager first duly authorized, and Company by and through duly authorized and qualified officers or agents thereof, have hereunto set their hands this day and ' year first above written. COMPANY CITY OF SAN LEANDRO, a municipal corporation By By: (Acknowledgement - Attach appropriate corporate resolution indicating that Attest: officer executing this Agreement has the power to r , bind his principal ) By: Alice Calvert, City Clerk Appro �d as t f rm: ven R. Meyers/-City , torney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County,Of Though statute does not require the Notary to fill in the data below, doing so may prove -X_ invaluable to persons relying on the document On /0 before me, '.9 / /C / l lC Gfi" ❑INDIVIDUAL , DATE NAME,TI OF OFFICER-E.G.,-JANE DOE,N A Y PUBLIC' � C PORATE FFICER= personally appeared .ull ti NAME(S)OF SIGNER(S) TITLE(S) �'personally known to me-OR= ❑PARTNER(S) ❑ LIMITED to be the person(o whose name(A is/41:4 [:] GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/s,Pk1,9 ey executed ❑TRUSTEE(S) the same in his/ /tbsZ: authorized ❑GUARDIAN/CONSERVATOR PAULME JACKSON capacity(", and that by his/�"jt>e:tL COMM. #953005 N signature on the instrument the person(*, E]OTHER: N NOTARY MBUC-CALIFORNIA. or the entity upon behalf of which the A(.AMEOA COUNTY , p• My Comm.Expires Jan.16.1996 person o acted, executed the instrument. SIGNER IS REPRESENTING: 3 WITf ESS my hand and official seal. NAME OF PERSON(S))OR ENTITY(IES) LK SIGNATl1 E OF NOTARY OPTIONAL SECTIO THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT r THE DOCUMENT DESCRIBED AT RIGHT: ^��� r ✓ NUMBER OF PAGES /J DATE OF DOCUMENT �9Y Though the data requested here is not required by law, n it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE f ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 j OFF-SITE ADVERTISING SIGN RELOCATION AGREEMENT This is an Agreement between the CITY OF SAN LEANDRO, a municipal corporation, here inafter`referred to as "CITY" and Gannett Outdoor, hereinafter referred to as "Company" and entered into this 18th day of January , 1994, in Alameda .County, California. Recitals 1 . It is the intention of the parties to this Agreement that its provisions shall implement and be construed in accordance with the provisions of § 5412 of the Business and Professions Code. The Legislature has found and declared .that it is in the public interest that consistent statewide standards be established for laws, ordinances, and regulations governing the removal of lawfully erected outdoor advertising displays. This uniformity will eliminate the uncertainty concerning the validity of removal efforts by local entities, provide a mechanism for local entities to adopt effective removal and relocation programs, establish standards which will allow private owners to operate without the imposition of different removal requirements in each jurisdiction, and will eliminate the multitude of expensive and time-consuming lawsuits burdening local entities, display and property owners, and the judicial system. 2. The provisions of § 54.12, of the Business and Professions Code preempt and supersede the provisions of Section 7-2-900(c) of the San Leandro Municipal Code insofar as said provisions require the removal of outdoor advertising displays without payment of compensation therefor and which were lawfully erected or in existence after November 6, 1978. Section 5412 specifically authorizes City to enter into "relocation agreements" to allow the continuation of municipal' land planning without the necessity for the payment of compensation. Accordingly, it is the sole and express intention of the parties hereto to Off-Site Adv. Sign Agreement January 5, 1994 Page 1 implement the provisions of § 5412 by permitting .the relocation of outdoor advertis.ing displays in a manner which protects the property interests of the owners of said signs and carries out the public interest in maintaining the health, safety and welfare of the citizens of San Leandro. It is not the . intention of the parties, nor shall this Agreement be so construed to grant to Company any greater rights, property interest or economic advantage not otherwise legally available .to any other person, firm or corporation engaged in similar enterprise or endeavor. § 1. DEFINITIONS. The following words and phrases used herein shall have the meaning respectively ascribed" thereto: (a) Aggregate Sign Area. "Aggregate sign area" shall mean the sum of all sign face areas, e-xpressed in square feet, owned by Company within the City of San Leandro. . Said signs are enumerated in Exhibit A, which is attached hereto and is incorporated herein by this reference and made a part hereof. (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 displayed 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 rectangular board on which changeable non-accessory advertising copy is placed excluding incidental sign projections. Incidental sign projections shall not exceed ten percent (10%) of the face area of a sign. "Aggregate face area" is the sum of the face areas of a multiple- faced off-site advertising sign. Off-Site Adv. Sign Agreement January 5, 1994 Page 2 (c) Incidental Sign Projections. "Incidental sign projections" are irregular portions of the copy of signs that . project beyond the edges of a rectangular sign face. The face area of an incidental sign projection is the area of the smallest rectangle which can enclose such projection. (d) Off-Site Advertising Sign. "Off-site advertising sign" also "sign as used herein, shall mean a sign constructed primarily for the purpose of installing changeable non-accessory advertising copy, other than a pedestrian advertising panel . Off-site advertising sign means and includes outdoor advertising displays. (e) Priority Signs. "Priority signs"means: (1) Those off-site advertising signs designated as such signs in Exhibit A; or (2) Any sign maintained now or prospectively in any of the following zoning districts: [RS, RD, RM-3000, RM-2500, RM-2000., RM-1800, R0, P, PHD, CN, CS, CD (Zoning Code'Districts)] or (3) Any sign maintained now or prospectively within one hundred (100) feet of a building site in an RS zoning district. (f) Reconstruction In Place. "Reconstruction in place" means the removal or partial removal of an off-site advertising 'sign-and the reconstruction or partial reconstruction of such sign in the same location in accordance with the standards set forth in Exhibit B-, which is attached hereto and incorporated herein by this reference and made a part hereof. (g) Relocation. "Relocation" shall mean the removal and subsequent reconstruction and installation at a new location of an off-site advertising sign in accordance with the standards set forth in Exhibit B. Off-Site Adv. Sign Agreement January 5, 1994 Page 3 (h) 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 existing sign to be relocated or reconstructed in place. (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 for .the foregoing. . Any word or phrase. not defined above shall be construed in accordance with the provisions of Chapter 14, Title VII of the. San Leandro Municipal Code. § 2. SIGNS DEEMED NON-CONFORMING. The parties hereto express.ly agree that all � off-site advertising signs maintained in the City of San Leandro during the duration of this Agreement are non-conforming signs. Any legally.constructed off-site advertising sign located on a. site shall be considered a separate business . use of that site, and conformity of the permitted. use and of the .,sign shall be considered independently. Should Company, remove, allow to remain, construct, relocate or reconstruct any off-site advertising sign, except in accordance with the provisions of this Agreement, . then. in such instance the act" or purported act shall be unlawful , void, a default under * the terms of this Agreement,, and notwithstanding any other provision of law t.o the contrary, including, but not limited to § 5412 of the Business and Profession Code, the City may, at- its sole discretion abate or cause the abatement of such sign and the Company shall have . no recourse 'and does hereby irrevocably waive any such rightsto proceed against Off-Site Adv. Sign Agreement January 5, 1994 Page 4 City under provisions of Article 1, Section 19 of the California Constitution or Title 7, (commencing with § 1230.010) of Part 3 of the Code of Civil Procedure. All signs relocated or reconstructed in accordance with this Agreement shall remain legally non-conforming for the duration of this Agreement. § 3. REMOVAL OF PRIORITY SIGNS. Prior to the relocation and/or reconstruction in place of any off-site advertising sign under the terms of this Agreement, all priority signs shall be abated, dismantled and removed. Signs which are not designated under the terms of this Agreement as priority signs, but which become so in the future as a consequence of the reclassification of the site to a zoning district listed in §1(e) , above, shall be removed within six months of becoming a priority sign. Provided, however, that the owner ofa sign which becomes a priority sign may request a longer time period before removal and the City Council may grant a longer period, at its sole discretion, if it determines that doing so would not be contrary to the purposes of the action which resulted in the sign becoming a priority sign. Any such request shall be made prior to the expiration of the six (6) month period for removal . § 4. RELOCATION OF PRIORITY SIGNS. A priority sign , or signs removed pursuant to §3 may be relocated and. installed at a new site provided that the Company first receives Development Services Director approval . The request for relocation shall be liberally construed to effectuate the purposes of this Agreement and § 5412 of the Business and Professions Code. The Development Services Director shall review and approve or disapprove each relocation request in accordance with the standards of Exhibits B and C. The Off-Site Adv. Sign Agreement January 5, 1994 Page 5 City Council shall hear and decide any matter brought before it by appeal concerning the Development Services Director's action. An appeal will be val-id only if Notice of Appeal is filed with the City Clerk within 15 days from the date of the action. § 5. RECONSTRUCTION OR RELOCATION OF NON-PRIORITY SIGNS. The Company may, at its sole discretion, but subject to prior Site Development Subcommission Development Services Director approval in accordance with the standards set forth in Exhibit B, this Agreement and applicable building codes, reconstruct or relocate non-priority off-site advertising signs. § 6. RELOCATION CREDITS. In lieu of relocation of any sign (including a priority sign) , Company may elect to remove such sign and obtain therefore 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 a non-priority off-site advertising sign or signs beyond the limits set forth in Exhibit B, when such sign or signs are relocated or reconstructed in place, provided that, in no event, shall any sign exceed a maximum of six hundred seventy-two (672) square feet in face area, excluding incidental sign projections as calculated in Section 8, or forty (40) feet in height. Relocation credits may be reserved for the life of this Agreement. § 7. LIMIT ON RELOCATION CREDITS. Whenever a sign is relocated or reconstructed in place the face area of such sign may be increased by one (1) square foot for each square foot of relocation credit available to Company. Whenever the height of a sign is increased above thirty (30) feet, an additional thirty (30) square feet of relocation credit shall be deducted for each additional foot in height of the Off-Site Adv. Sign Agreement January 5, 1994 Page 6 1 reconstructed sign. 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 Development Services Department of the City. Notwithstanding anything in this Agreement to the contrary, the Aggregate sign Area of Company, including face area in place, face area converted to excess height, size and projections and unused re location credits, shall not exceed two thousand four hundred (2,400) square feet. § 8. NON-WAIVER OF ENFORCEMENT RIGHTS. The City does not, nor shall this Agreement be construed to, waive any of its rights to enforce all building, health and safety regulations of the San Leandro Municipal Code which relate to the safety and structural integrity of an off-site advertising sign. The provisions of this Agreement shall not apply to any sign, the removal of which may be compelled without the payment of compensation pursuant to § 5412 of the Business and Professions Code, nor to any sign which is acquired by a governmental entity through the use of eminent domain. In the event a sign listed in Exhibit A is removed in either of the above ways, the Aggregate Sign Area permitted to Company herein shall be reduced by the face area of the sign so removed. § 9. ASSIGNMENT. This Agreement shall be binding upon, and shall insure to the benefit of, the successors and assigns of the parties hereto. The rights of Company pursuant to this Agreement shall be assignable by Company with the express written consent of City, which consent shall not be unreasonably withheld. City shall be Off-Site Adv. Sign Agreement January 10, 1994 Page 7 entitled, however, to consider only the financial resources and business reputation of any proposed assignee in determining whether or not to grant such consent. § 10. AMENDMENTS. This Agreement is not subject to modification or amendment except by a writing executed by both Company and City, which writing shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement. § 11. ATTORNEY FEES. If legal action by either party is brought because of a breach of this Agreement or to enforce any term or condition of this Agreement, the prevailing party shall be entitled to recover in the same or in a separate action reasonable attorney fees and -court costs. § 12. DURATION. This Agreement shall remain in full force and effect for seventeen (17) years from the date of execution thereof. § 13. HOLD HARMLESS. Company agrees to and shall hold City, its officers, agents, employees and . representatives harmless. from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of Company or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to his Agreement. . Company agrees to and shall defend City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Company's activities in connection with this Agreement. Off-Site Adv. Sign Agreement January 5, 1994 Page 8 This hold harmless agreement applies to all -damages and claims for damage suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless of whether or not City prepared, supplied, or approved plans or specifications or both for the construction, reconstruction or relocation of off-site advertising signs. § 14. TERMINATION BY INVALIDITY. This Agreement is terminated without liability as to either party upon determination by a court of competent jurisdiction that the actions or forbearances of City hereunder are ultra vires. This Agreement is entered into in reliance upon the parties' mutual determination that the statute authorizing this Agreement is valid. Nothing herein is intended to waive or extend any . statute of limitation applicable to a proceeding to invalidate this Agreement. § 15. CHANGES IN LAW. In the event that state or federal laws or regulations, enacted before or after the date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions shall be deemed modified or suspended by the consent of the parties to the extent, and only to the extent, necessary to comply with such state or federal laws or regulations. Off-Site Adv. Sign Agreement January 5, 1994 Page 9 Women and GMs Against Tobacco 2001 Addison Street,Suite 200,Berkeley,California 94704-1103 (510) 841-6434-FAX(510)841-5044 - - - A Project of the Western Consortium for Public Health RECEIVED October 10, 1995 In Partnership witli. OCT 1 11995 1 _1 A,nericans f„r Claude L. Van Marter ICE OF FF Nonsmokers'Rigkts Assistant County Administrator COUP�TY OFFICE 2530 San Pablo Avenue Suite J Contra Costa County -• Berkeley,CA 94702 651 Pine Street, 11th Floor (510)841-3032 Martinez, CA 94553-1286 (510)841-7702(tax) California Medical Dear Claude; " Association 221 Main Street Thank you for your fax of September 21 in response to my call regarding the task P.O.Bax S.F,CA 94120-7690 force proposed at the Internal 0 erations Committee meeting of September 18. I (415)882-5124 have been on jury duty for a while and have just returned. With the scarcity of (415)882-3332(tax) courtrooms in Martinez these days, we consider ourselves.lucky that we were not sequestered! The proposed Task Force came out of discussions among several members of the Tobacco Prevention Coalition atter_introduction of the ordinance,by:Supervisors Torlakson and Rogers. With the proposal bythe Clinton administration to have tobacco reclassified and regulated under the Food and Drug Administration and the strong advertising regulations that,would`accompany such a move, the group thought it would:be wise to look at our local communities and;assess the issue in Contra Costa County. This desire to look at our own community was:reinforced by the results of California's statewi&0peration Storefront. This was a project that surveyed local communities-to assess.the amount of advertising that appeared-- in neighborhoods and:the.proximity of the ads to places frequented by young people. The release of the data had an impact nationally. ,Our group.thought.-the. Board might want to look at developing a Task Force to investigate.the issue in Contra Costa County and to propose ways in which we can change our community environments, and the messages within them, to promote health among young people. The charge of this group would be to assess the issue of promotion of tobacco use locally and propose interventions to the Board, looking specifically at the issues of advertising, marketing and promotion to youth. While we did not have.a firm idea on size, we think representation should include staff from the Health Services Department, and representatives from the voluntary agencies, if they are interested. As this issue will impact the merchant community, The Western Consortium is a nonprofit corporation sponsored by the Schools of Public Health and University Extensions,University of California at Berkeley and University of California at Los Angeles.The San Diego State University School of Public Health is an Affiliate Member. r. it seems that it might want to include representatives from the Chamber of Commerce, or other merchant group. Enforcement came up as an issue, so it might be appropriate to invite members of the enforcement community, including police chiefs who have adopted tobacco as an issue, representatives from the Sheriffs Department, and/or local D.A.R.E. officers. I would also suggest groups and individuals working in specific communities, such as Delta 2000, Debra Dias from the Richmond Anti-Drug Task Force,Amalia Gonzalez-del Valle, Debra Supple from the County Office of Education, community representatives like Dave Jenne and Lisa Korpus, a representative from the City/County Relations Committee, ethnic specific Chambers of Commerce, the Black Families Association, Central Labor Council, ACCME, the PTA, Friday Night Live, the County Youth Commission, the Richmond Anti-Drug Task Force, and Sangre Latina. This list is not meant to be all inclusive,but to suggest a broad-spectrum of individuals from which to solicit participation. I am sure interest will be expressed by local groups who represent in some fashion the interests of the tobacco industry. They have demanded inclusion in other . communities, and I would be surprised if they did not do so here. For example, Mr. Glen Williams is a member of the Sacramento Tobacco Prevention Coalition. He is paid by industry organizations and continually attempts to impede programs in this area. I would be hesitant to appoint or include industry representatives or groups that are known front organizations for the tobacco industry. While we want to be somewhat broad in the representation, I would suggest that all members come to the table with'the same end in mind, namely healthy-tobacco free youth. I would be hesitant to say that tobacco interests are,concerned in.the same way the health community is.. While they-may have'their own programs for merchant education-.or other youth focused programs,those efforts:have been shown'to be ineffective, and.may.actually.encourage usage, focusing-on what the . Health Services Department called the.`.`forbidden fruit".message in their.report: I am enclosing a recently leaked memo from an:executiv_a at R.J. Reynolds regarding their.marketing and youth: Overall;I think the"group is interested.in developing healthy.communities for our young people. In looking at tobacco,the group is,interested,in developing local community environments that encourage health rather than promote disease. We are open to suggestions!:Please call me if.you have any questions at (510) 841 6434. Thank you for your.attention: Sincerely, Regina M. Penna * x H cn CC3 q 5 cd * W v o o.;� * O Cd v v Cd 0 * ? v .. p v v Cd ,. 0 :3 ' tu cd cd 0Cl.y � rn 3 4 E0 ed 0 to o ,E 0 10 cd 0 v on * y '�7 'C3 «n V..4t0 O O int Cd (D F� t1 RWi v to market. In my opinion this will require new brands tailored to the youth market." In the memo, Teague expressed frustration that"the company was "constrained from directly promoting cigarettes to the youth market." Although he warned that "we [RJR] should not in any way influence non-smokers to start smoking," he suggested, "we [RJR] should simply recognize that many or most of the'21 and under' group will inevitably become smokers, and offer them an opportunity to use our brands." Teague suggested the new brand should appeal to youth, by marketing it as a way to fight "stress . . . awkwardness, boredom" and suggest that using the product would help teens achieve "membership in a group." Teague believed that the health warning labels on cigarettes "may be a plus" because they could help the company market the product as a rebellious act. The memo also offers additional evidence that tobacco companies tailor their products in order to attract specific customers. Teague's plan for "new brands tailored to the youth market" included suggestions to weaken potentially irritating smoke and to reduce the rate of nicotine delivery levels to accommodate the "learning smokers." RJR spokesperson David Fishel suggested that there is . no evidence that the company implemented the plan outlined by Teague. He said, "We have seen nothing that indicates that it was ever reviewed or acted upon in any way." According to Fishel, the memo has been released before, and used in court cases. Scott Bailin, chairperson of the Coalition on Smoking OR Health, suggested the RJR memo is just "one more nail in the coffin"of the tobacco.industry's attempt to undermine the Food and Drug Administration's proposed tobacco regulations designed to prevent smoking among youth. Source: John Schwartz, "1973 Cigarette Company Memo Proposed New Brands for Teens,"WASHINGTON POST, October 4, 1995, p. A2. (sdb 10/4/95),