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HomeMy WebLinkAboutMINUTES - 12031996 - SD2 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: December 3, 1996 SUBJECT: Bus Shelter Installation Policy SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: ACCEPT the following report from the Public Works Director regarding public participation in locating bus shelters and Approve the following recommendations: a. Reaffirm the use of the Encroachment Permit to approve the installation of Bus Shelters; b. Require the applicant working with the transit district to notify local community groups, the local Municipal Advisory Council and adjacent property owners of pending bus shelter installations at least four weeks before requesting an Encroachment Permit. Staff will verify community notification and review inputs from the community and the transit district before issuance or rejection of a bus shelter encroachment permit. The applicant can appeal staff decisions to the Zoning Administrator; C. At the request of the County, the applicant will remove objectional advertising within 24 hours of notification. The applicant will place their phone number in each shelter and instruct the public on how to lodge a complaint or concern; and d. The County will maintain the ability,through a bond, to require the removal of any shelter or objectionable material that is not consistent with the community standards. The applicant has the right to appeal staff decisions to the Zoning Administrator. The community has the right of appeal the decision to issue the encroachment permit to the Board of Supervisors. Continued on Attachment:X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON December 3, 1996 APPROVED AS RECOMMENDED_2L_OTHER Jay Lutz, Walden District, 1370 Las Juntas Way, Walnut:Creek; Andrew H. Young, Alamo Improvement Association for Preservation of Danville Blvd. , 1491 Laurenita Way., Alamo; Rick Ramacier, Contra Costa Transit Authority,2477 Arnold Industrial Way, Concord, commented on the bus -shelter policies. All persons desiring to speak having been heard, the Board APPROVED the recommendations set forth above. VOTE OF SUPERVISORS X UNANIMOUS(ABSENT - 1 AYES: NOES: ABSENT: ABSTAIN: RVF:mw g:\engsvc\bo\bus-bo.t 12 Originator: Public Works(E/S) Contact: Bob Farnone(313-2252) 1 hereby certify that this is a true and correct copy of cc: D. Barry,Community Development an action taken and entered on the minutes of the County Counsel Boardof Supe Sorg on the date shown. Steve Shinn,Outdoor Systems ATTEf l ?6� 1695 Eastshore Highway,Berkeley,CA 94710 PHIL BATCHELOR,Clerk of the Board Rich Ramacier,County Connections of Supervisors and my Administrator 2477 Arnold Industrial Way,Concord,CA 94520-5335 BY . 0 eputy T r� Sb SUBJECT: Bus Shelter Installation Policy DATE: December 3, 1996 PAGE -2- I. Recommended Action (continued): e. The Board of Supervisors shall be notified immediately of any request for installation of an advertising bus shelter. f. No advertising bus shelter will be allowed along established scenic routes. H. Financial Impact: None M. Reasons for Recommendations and Background: On November 5, 1996, the Board requested the Director of Community Development and County Counsel who requested the Public Works Director to review the current process for approving bus shelter locations, the extent of public participation in the process, the regulation of advertisement content, and to recommend any needed changes in the process. On May 11, 1993,the Board of Supervisors Approved Ordinance 93-30 that authorizes advertising on bus shelters in the public right of way when shelters are built or placed in accordance with an encroachment permit. Encroachment Permit The responsibility for the issuance of an encroachment permit (permit) for any operation within the public road rights of way is that of the Public Works Department. Although the permit is ministerial, it comes with many requirements and liability safeguards. Each permit application is reviewed, revised and then issued or denied. The bus shelter request for encroachment is no different. All bus shelter encroachment requests, prior to the"advertising shelter," have come from bus transit agencies. Around 1990 the transit agencies could no longer fund the maintenance of the shelters and asked the County and the various communities if they would be willing to maintain the existing bus shelters or else the shelters would be removed. There were no takers. After long deliberation, County Connection contracted with Busline Media to maintain the existing shelters. In exchange for their maintenance services, Busline Media was given the authority to install new bus shelters with advertisements on them. In 1993, at the request of County Connection and after two years of preparation, the related ordinances were amended to allow bus shelter advertising. During the following months, Busline Media went into receivership, and was unable to fulfill its contractual requirements. County Connection eventually contracted with Gannett Outdoor to complete the project. Subsequently, Outdoor Systems Advertising purchased Gannett Outdoor Shelter Advertising Division. Since 1994 Gannett Outdoor, and then Outdoor Advertising Systems, has maintained more than 80 non- advertising bus shelters throughout Central Contra Costa at their expense. They have contracted with Commercial Support Services, a division of Contra Costa Association of Retarded Citizens, to maintain the shelters. The first bus shelter(with advertising) permit was issued to Gannet Outdoor Company on April 1, 1996. The permit includes four pages of conditions. Seventeen sites were authorized and they constructed eleven. Four sites are located on Pacheco Boulevard, three on Olympic Boulevard, three on Boulevard Way and one on Treat Boulevard at Cherry Lane. SUBJECT: Bus Shelter Installation Policy DATE: December 3, 1996 PAGE -3- Public Acceptance and Input Into Bus Shelter Location Transit districts request the installation of bus shelters and identify their location through an assessment of public needs. New and different issues have surfaced, however, with the advent of bus shelter advertising. Staff became aware of these issues only recently and only after they were installing the advertising shelters. Because of the concerns voiced by Frank Lockwood, President of the Association for the Preservation of Danville Boulevard, Jay Lutz, The Walden District Improvement Association, and Robert Fedrick, resident, in the Pleasant Hill/Bart area, it is imperative that local review and comment are addressed before County approval of an encroachment of this type. To install a shelter purely for advertising and not for a need generated by transit users should not be allowed. The Transit District controls the need for a shelter and its location. Once the District identifies a site, the applicant (Outdoor Systems) and the Transit District should notify the local community. After reviewing the community input,Public Works will either issue or reject the permit application. The applicants and the community can appeal the decision to the Zoning Administrator. Advertising Content and Approval The advertising placed on bus shelters under the current permit must strictly conform to the requirements specified in Outdoor Systems advertising policy(attached). Additionally, no political or religious advertisements or advertisements for alcohol or tobacco products are allowed. The applicant has agreed that objectionable advertising materials will be immediately removed, within twenty-four hours, if so ordered by the County. Should Process Change to Require a Land Use Permit? The primary concern of the Board of Supervisors is to promote a public hearing process. When the transit district submits their request to the local community groups the public information and review process will be initiated. Should controversy be raised by the community groups, county staff will review the concerns and if the encroachment permit is denied then the applicant can appeal the decision to the Zoning Administrator. Of the original seventeen sites requested by Outdoor Advertising, eleven have been constructed in the unincorporated area of Contra Costa County. There have been no complaints on ten of the constructed sites. The four non-constructed sites are in Alamo and have been contested by the community. The applicant has met with the community to try and resolve their issues. Since the community has objected, the permit to build the bus shelters in Alamo, to date, has been on hold pending the resolution of the community issues. On Treat Boulevard at Cherry Lane one bus shelter has been constructed on the northeast corner and another is planned on the southeast corner. The Walden Home Owners community organization is objecting. The applicant will meet with them to try to address their concerns for both sites. Staff'recommends the current process be continued. After a trial period should this process be unacceptable then it should be changed. IV. Consequences of Negative Action Should the Board decide to reject the recommendations of the Public Works Director, the Board would have to establish an ordinance, policy and procedure for installation of bus shelters with advertising within the unincorporated areas of Contra Costa County. EXHIBIT B S , ADDITIONAL REQUIREMENTS Outdoor Systems Advertizing Installation of Bus Shelters I. REMOVAL. If so ordered by the County, the bus shelters installed under this permit shall be removed from County rights-of-way by Outdoor Systems Advertizing, (OUTDOOR SYSTEMS), and the rights-of-way shall be restored to the same condition existing prior to the placement of each shelter. The removal of any shelter shall occur within thirty(30) days of written notice from the County Public Works Director. A surety bond, or approved equivalent, totalling $1,000/site will be held by the County for the removal of shelters and repair of sidewalks and curbs. 2. SPECIFICATIONS. Bus shelters shall be manufactured according to engineered specifications using only materials of the highest quality. a. Maximum length of the roof of the shelter shall be 18'by width of 5' 1". The width of the body shall be 2' 10.5". Shelters shall be 8' in height from the sidewalk. b. All shelters shall conform to the requirements of the County Building Inspection Department and shall conform to the American Disabilities Act. C. The bus shelters may be illuminated. d. There shall be no sign illumination between the hours of 12:00 p.m. and 5:00 a.in. e. The bus shelter design and color rendering must be reviewed and approved by the Public Works Department prior to issuance of the encroachment permit. f. In accordance with Section 82-12.406 of Resolution 93-30, a 24 square foot (4'x 6' double-faced) sign per bus shelter is acceptable. g. There shall be a minimum of a 6" clear view between the floor and the bottom of any sign. 3. CONSTRUCTION. a. A building permit will be required for review of the structural and electrical plans. The permit will include two site inspections consisting of foundation/electrical and final inspection. One structural set of plans may be filed for all locations. b. The bus shelter shall be located no closer than 4' from face of concrete curb. C. Prior to installation of the bus shelter structures, the Permittee will arrange for the Public Works Traffic Engineer to field review and approve the bus shelter site locations. B-1 Exhibit B (cont.) D Outdoor Systems/Bus Shelters d. Bus shelter installation shall be done between the hours of 9:00 a.m. and 4:00 p.m. e. Guy wires will not be allowed as part of the bus shelter. f. Bus shelters shall have a concrete floor. g. Any inspection for excavation needed to install power to the bus shelter is included with this permit. 4. MAINTENANCE. OUTDOOR SYSTEMS agrees to maintain the shelters as follows: a. OUTDOOR SYSTEMS is responsible for maintaining each shelter in a clean and attractive condition. Each shelter must be cleaned at least once a week and must be inspected at least twice a week. All costs associated with bus shelter maintenance and inspection shall be borne by OUTDOOR SYSTEMS. b. Necessary repairs shall be made immediately upon ascertaining the need for repair. If ordered to effect repairs either orally or in writing by the County, such repairs will be made by OUTDOOR SYSTEMS within seven(7) calendar days. C. OUTDOOR SYSTEMS will not install trash receptacles at bus shelter locations. d. A phone number shall be placed on each bus shelter to enable the public to call and report damage, graffiti or vandalism to the shelter. OUTDOOR SYSTEMS shall respond to calls within 24 hours. e. No maintenance of bus shelters shall be performed during the following hours: 6:30- 9:00 a.m. and 4:00 - 6:30 p.m. 5. INSURANCE.OUTDOOR SYSTEMS will defend, indemnify, save and hold harmless the County,its officers, Boards, employees and agents from any and all claims and lawsuits and all loss, costs, damages, expenses or liability, which may result from or arise out of the installation,use or maintenance of any shelter or shelters installed in the County pursuant to this agreement, and from any decisions or actions taken pursuant to paragraphs 3, 4, and 6 of this agreement except for claims directly resulting from acts of the County, its officers, employees or agents. OUTDOOR SYSTEMS will pay any and all loss or damages that might be sustained by any person as a result of; or may be caused by or arise out of such installation, use or maintenance of the shelters, or from any decisions or action taken pursuant to. paragraphs 3, 4 and 6 of this Exhibit. Prior to issuance of this encroachment permit, OUTDOOR SYSTEMS shall provide an original certificate of insurance certifying that coverage as required herein has been obtained. Such insurance shall be renewed annually. OUTDOOR SYSTEMS shall maintain and shall require all of its subcontractors to maintain insurance with insurance carriers acceptable to the County: B-2 'Exhibit B (cont.) <5-D , Outdoor Systems/Bus Shelters a. Workers' Compensation insurance with statutory limits as required by the State of California. b. Commercial general liability insurance including blanket contractual and broad form property damage covering bodily injury and property damage using an insurance policy form in an amount of no less than$1 million per occurrence and no less than $1 million annual aggregate. Said policy shall be endorsed with the following language: 1. Contra Costa County, its officers, Boards, agents and employees shall be named as additionally insured for all liability arising out of the operations of the named insured. 2. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured and the coverage afforded shall apply as though separate policies had been issued to each insured. 3. The insurance provided herein is primary coverage to Contra Costa County with respect to any insurance or self-insurance held by the County. C. Automobile liability insurance covering bodily injury and property damage in an amount no less than$1 million combined single limit per occurrence. d. All policies required shall not be canceled without first giving 30 days prior written notice to Contra Costa County. All policies shall be renewed annually. 6. ADVERTISING. Advertising placed on bus shelters shall strictly conform to the requirements specified in OUTDOOR SYSTEMS' advertising policy. No political or religious advertisements or advertisements for alcohol or tobacco products will be allowed. Advertising material shall be immediately removed if so ordered by the County. a. OUTDOOR SYSTEMS shall supply without cost, space to the County and/or County approved community service organizations for public services messages, at the rate of one poster per five shelters on an annualized basis. b. OUTDOOR SYSTEMS shall provide, upon written request by the County and without cost to the County, the layout and design of one poster per year and up to twelve (12) copies of that poster per year. C. OUTDOOR SYSTEMS shall place at no cost to the County, posters ordered by the County in 6b above. B-3 Exhibit B (cont.) 'D . Outdoor Systems/Bus Shelters 7. PAYMENTS.OUTDOOR SYSTEMS shall pay to the County, quarterly on the last day of each third calendar month; the greater of, (a)-the sum of$240 per shelter per quarter, or(b) 15%of aggregate revenue(less advertising agency commission)received during the quarter for all bus shelters authorized by this permit. Aggregate revenue shall include any and all revenue generated at each shelter site. Payments shall begin in arrears prorated from September 1, 1996. a. OUTDOOR SYSTEMS shall keep on file accurate records of advertising revenue for each bus shelter. Upon written notice from the County, these records must be submitted within 45 calendar days to the County for review. b. OUTDOOR SYSTEMS shall provide to the County by March 1 of each year, an annual listing of advertisers and revenue received from each for the purpose of verifying the dollar amount and percentage of advertising revenue due the County. C. OUTDOOR SYSTEMS shall pay$300 per site for Public Works Department review and inspection, as identified in Section 3c and 3g of this Exhibit. d. OUTDOOR SYSTEMS shall obtain a building permit for each site, the cost of which will not exceed $300 per site, for work identified in section 3a of this Exhibit. e. OUTDOOR SYSTEMS shall pay to the County, on a quarterly basis, electrical costs for the bus shelters should electricity from County facilities be authorized for use. 8. OWNERSHIP. The bus shelters authorized by this permit may not change ownership without the written approval of the County. 9. TELECOMMUNICATION SERVICES. Prior to OUTDOOR SYSTEMS installing telecommunication services at any of the bus shelters, or telecommunications appliances on any of the bus shelters, an encroachment permit including a mutually agreed upon revenue split will be required. ED:Iz doten\outdoor.exh 9/19195 B-4 v _. moron Wt H- + LIP ��� �f �y 4.. t��`rr'}+"�t'Y�'F'il�'�a-�'7 i ~ '� �}. '�`•�'tr�"y�-. _ '! .. J � :s"� _,r�r yy; ' 'fig "•ti�'•M 4+ 77 w „n. • POSTER AGREEMENT TERMS AND CONDITIONS 1. |nthe event any«f the display locations become lost during the term hereof, or it is impossible to secure any specified location, or should any display become obotruuted, destroyed or dohoced, in whole or in part, because of any ant or thing beyond OUTDOOR's control, or should OUTDOOR desire to move or change any location, �ny resulting loss of advertising space shall not be deemed a 6mamoh or termination of this Agreement. Lost locations uhaft berreplaced with locations of equal value /n according with OUTOOQR'mprices and classifications. Any resulting loss ofadvertising service shall berestored byextending the term of this Agreement to provide an equivalent amount of advertising service. Anything herein contained to the contrary notwithstanding, OUTDOOR shall also have the option to terminate this Agreement upon the loss of any location resulting from any act or cause beyond OUT0OC>R's oon1no|, including any change in |aw, undinanue, rule or regulation, - 2. Invoices are due and payable upon receipt and all terms are net cash. Invoices not paid within thirty C30Adays after the invoice date are delinquent and accrue a delinquency charge of 18% annually thereafter unless otherwise agreed upon. 3. OUTDOOR aQnmoo that all designs for displays will be faithfully reproduced and that the displays will be maintained in gond condition. Any reposing desired byAdvertiser/Agency in addition to that provided for herein ehoU be paid in accordance with OUTDOOR'Gcurrent quoted prices. Nocredit shall begiven for noposbngnot Utilized. � 4. OUTDOOR reserves the right to reject any copy, pictorial or otherwise, which it deems unacceptable, for any reason. 5. Adxmrtioer/Agency. joindy, and severally, agree 0oindemnify and hold harmless OUTDOOR from and against any and all loss, |iabi|ity, claims. demonds, oputm and expenses. including attorney's foem, arising out ofany copy displayed pursuant to this contract. #. OUTDOOR agrees to have the poster displays specified herein posted on the Posting Dates, subject to five (5) day allowance, or if space is not ovai|ab|e, as soon thereafter as space becomes available. If advertising space cannot be obtained for the posting unhodu(a specified in an area, Advertiser/Agency may eliminate or substitute for such area oritmay substitute other posting dates. Such elimination orsubstitution shall not affect the remainder ofthis Agreement. 7. OUTDOOR shall not be responsible for delays or loss of SERVICE by oaaann of strikes, lock outs, acts of God, governmental actions, o,any other act orthing beyond its control. 8. |fthis Agreement is executed by an Agency, Agency warrants and represents that it is authorized to execute the same onbehalf of the Advertiser named on the face hereof and that Agency and Advertiser are jointly and severally liable for the payment of all amounts due hereunder. / 9. If this Agreement is executed by an Agency,Agency agrees to forfeit any commission it may be due from OUTDOOR, if the billing for SERVICE iunot paid within sixty(60) days from the date of such billing. ' 10. Adve�|oevAgencyshoUinopectthe display within five days after installation. Unless within such period,Advertiser/Agency gives written notice to OUTDOOR specifying any defect the display shall be conclusively presumed to have been inspected and approved for all purposes whatsoever byAdvertiwer/AQmnoy. 11. The display iuand shall at all times remain the sole property ofOUTDOOR and Advertiser/Agency shall have no hght. Ude or interest thenein, except as may be sot forth in this Agreement 12. No delay in or omission to exercise any hght, power o, remedy accruing to OUTDOOR on �any breech or default �y Advertiser/Agency, shall impair such right, power or remedy or betonotrued to be a waiver of any such breach or default or acquiescence therein. A waiver of a single breach of default shall not be deemed a waiver of any other breach or default. No waiver shall boeffective unless set forth inwriting. 13. Inthe event that Advertiser/Agency shall fail to pay any invoice when due, or makes an,assignment for the bene/itofcreditors, or it a petition in bankruptcy or for reorganization under the Bankruptcy Act is filed by or against it, OUTDOOR may, at its option, terminate this Agreement upon five (5) days written notice to Advertiser/Agency. Should OUTDOOR institute any legal action or proceeding to recover amounts due hereunder,Advertise r/Agency agrees to pay, in addition to such amounts,OUTDOOR's costs and disbursements, including reasonable attorney's fees. Inthe event any legal action imcommenced byOUTDOOR toenforce payment ofamounts owed thereunder, YWahcopaCounty. Arizona shall be the exclusive jurisdiction and |oQa| venue for said action. 14. This Agreement sets forth the entire understanding of the parties and may not be amended or modified, except in writing signed by all parties. 15. This Agreement shall be binding upon and inure to the benefit of the respective heirs, personal repreuantatkms, eumceaemo or assigns of the parties hereto. 16. This Agreement shall be cancelable ninety (90) days prior to posting date upon receipt of written request. systems ADVERTISING New York New Jersey Philadelphia New Haven -Los Angeles San Diego San Francisco -Sacramento OUTDOOR SYSTEMS ADVERTISING COPY POLICY San Jose Chicago -Detroit Grand Rapids Flint " -Atlanta New Orlea Columbus "Outdoor Systems adheres to all aspects of the OAAA Code of Advertising ns -Louisville Practices including our right to.reject creative content which is in poor taste, St.Louis misleading, or sexually explicit. In addition, Outdoor Systems reserves the right to Kansas City reject any copy which depicts violence, racism, sexism, illegal acts, or any actions -Houston which denigrate the human race or incite violence or hatred toward our fellow .Denver Phoenix man. Tucson .Canada Mediacom ibronto, --Hamilton Montreal ,Ottawa -Quebec City Winnipeg -Regina -Saskatoon -Halifax 1695 Eastshore Highway- Berkeley, California 94710 (510) 527-3350 - Fax (510). 527-7041 Spring,1994 Code of Industry Principles The Outdoor Advertising Association of America,Inc. (OAAAY endorses this Code and encourages its members to operate in conformance with the following principles: RESPECT THE ENVIRONMENT * We support billboards as a business use to be erected only in commercial and industrial areas. • We support new billboard locations in unzoned commercial and industrial areas only where there is bona fide business activity already in existence. _ • We support the exclusion of new billboards in areas of genuine scenic beauty outside of commercial and industrial areas. CREATE A WORKING • We support the right to maintain lawfully erected billboards. RELATIONSHIP WITH LOCAL * We support those laws which assure just compensation for the COMMUNITIES removal of legal conforming and nonconforming billboards. • We support the removal, without compensation,of illegally erected billboards and other signs. PROVIDE AN EFFECTIVE, • We are committed to maintaining and improving the quality and ATTRACTIVE PRODUCT appearance of billboard structures and locations. * We are committed to the use of new technologies to improve our ability to inform the traveling public. SUPPORT WORTHY PUBLIC • We are committed to providing public service messages to CAUSES promote worthy community causes. * We are committed to the use of billboards for political,editorial and other noncommercial messages. OBSERVE HIGH STANDARDS * We are committed to a program which prohibits alcohol and tobacco advertisements that are intended to be read from,or within 500 feet of,established places of worship or primary and secondary schools. * We are committed to advertising a diversity of products and services. * We support the right to reject advertising that is misleading,in poor taste or otherwise incompatible with individual community standards. 4 Dr. PETER DUNCAN 112 Roble Road Walnut Creek Chi 94596 932-2011 24th November 1996 Board of Supervisors, RECEI�iED Contra Costa County, 651 Pine Street Martinez NOV 2 7 MS CA 94553 CLERK ROARQ OF SUPERVISORS A C RE: Bus Shelter at Cherry and Treat ���Tp���ej___-_ Members of the Board of Supervisors, The bus shelter at Cherry and Treat carries advertising which I understand pays for the maintenance of the shelter. It is an ingenious arrangement with the flaw that the shelter itself is not used, so I assume that the location has been chosen for its advertising value. The billboard as a billboard would not be allowed by County Ordnance' 'if-' a private person or company wished to put it up just for advertising. It should not be allowed to pay for a little-used bus-shelter one block from the bus terminus at the PHill BART Station. I live within a block of this shelter; it is on my way to Walnut Creek, and I have never seen anyone use it, even in rainy weather. Nor has my wife. Please have this advertising billboard removed, and if the bus-shelter has to go too, it is no loss. Please grant no more encroachment permits for bus shelters of this kind. Sincerely, PETER'DUNCAN' cc Mr. R. Frederick , Walden Association Mr. J. Kennedy, Redevelopment Agency 510-256-3500 CITY OF WALNUT CREEK 380 P01 DEC 02 196 15:12 .f ,. RECEIVED DEC - 1996 IZ DUE: July 16, 1992 TO: John Hall, Transporkation gni nt r-tr CLERK BOARD OF SUPERVISORS 4 eE CONTRA COSTA CO. Fly[: Sydney Austissociate Planner G °i SOBJE=: Design Review CQoadasion's Response to Busline Media Proposal for Bus Shelters The Design Review 0=nission disaissed the Bus Shelter proposal as submitted by Busli.ne Media at their meeting of May 6, 1992. The C mmdssion did not support the proposal of advertising on bus � shelters, as they are off-site signs which are prohibited by the sign ordinance. The City has strict policies and regulations against billboards, and the Conmission believed the advertising panels represeaited a form of billboard. The Canuission oomxmted that the shelters may be appropriate in larger, more urbari cities, but not in Walnut Creek. The advertising panels did not coincide with the suburban character of the 00u maty, and the sense of quality and civic pride associated with the City's image. They agreed that the shelter design was attractive, but that the benefit of the shelter was not outweighed by the visual blight of the advertising panel. Tn the Intent and Purpose section of the Sign ordinance, it states that the purpose of a caomxercial sign is "to identify a business in an attractive and fu notional manner, rather than to serve primarily as general advertising for the business". The nature of an off-site sign (on a bus shelter or any form of billboard) contradicts that purpose. The bus shelter signs are in direct violation of the sign ordinance language. which reads "It is the stated purpose of the City Council. . .to enhance overall property values and the visual environment in the city by discouraging signs which contribute to the visual clutter of the streetscape, such as off-site signs, oversized signs, and excessive temporary siding;" The proposed signs clearly contribute to the visual clutter of the streetscape because they are unnecessary (they don't identify a place of business), they are oversized (in relation to the llbuilding" they are attached to) , and the panel ill nmi motion overwhelms the adjacent streetscape elements. Additionally, the proposed panels are large, illuminated, and lack texture and use of quality materials. The design of the panel is not consistent with ordinance language which states, "to encourage. .signs that are of a quality design, pleasing in appearance, and are appropriate in size, materials, and illumination to the type of activity to which they pertain. ..". The c=mission also mentioned that this proposal would not be consistent with the goals of the Dmwntawn int Program, nor would they support advertising on benches, if that medium were ever proposed. Please let me know if you have any questions on their o=mnts. Doc525 [Austin] L'o��iG1�r Gvi�l� 50 2-, v - Boulevard of Trees Project LVD A project of the Alamo Park Foundation r P.O. Box 1062 • Alamo, California 94507 November 11 , 1996 SPONSOR .; RECEIVED Citizens Advisory Committee, Contra Costa County Park and Board of Supervisors 3 19913 Recreation DtstrictR7A 651 Pine Street Martinez, CA 94553 CLERK BOARD OF SUF%HAT.-IRS ENDORSERS CONTRA COSTA Cr3 Board of Supervisors, Dear Sirs and Madam: Re: Bus shelters bearing Contra Costa advertising. County The Alamo Improvement Association on November 5 you considered a letter The Associationfor on the above subject from the President of the the Preservationn Association for the Preservation of Danville of Danville Boulevard Boulevard. Your questions were answered by The Round Hill Property Owners county personnel and a representative of Out- Association door Systems Advertising. Unfortunately there The Akmw was no-one present to represent the interests Women's Club of Alamo residents. The Danville Womens Club Alamo Rotary It was obvious that some members of the TheDanvtlle/Alamo board were unfamiliar with the fact that in 1993 Garden Club Soropttmist the county made an exception to' its long-established International principle that off-premises signs are allowed of Danville/Alamo only in areas zoned for industrial use. Happily The Eugene ONeill you have placed this matter on your agenda for Foundation The Diablo Women's November 19 so that further input can be provided. Garden Club I plan to be present and will welcome the oppor- The Danville Area t u n i t y to speak. Chamber of Commerce Sincerely Andrew H. You , Chai man cc Supervisor Gayle Bishop Alamo Improvement Association Lighting and Landscaping District Zone 36 The Association for the Preservation of Danville Boulevard 0 "Bring Back the Beauty" Boulevard of Trees Project LD A project of the Alamo Park Foundation r P.O. Box 2062 • Alamo, California 94507RECEIVED FDEC - 31996 Board of Supervisors SPONSOR Contra Cos t a County CLERK BOARD OFUPER *0" Citizens Advisory CONTRA COSTA Co Committee, Good morning: I'm Andrew Young, Chair of the Boul- Park and evard of Trees Project in Alamo. I 've been author- Recreation DistrictR7A ized to speak also for the Alamo Improvement Association, the Association for the °� ENDORSERS of Danville Boulevard and L&L District Zone 36, Board of Supervisors, commonly known as Alamo Beautification. Contra Costa County Over the years we 've had a lot of problems due to The Alamo the placement of illegal signs on the right of way. sociiatoon Recently we 've gained the cooperation of most of The Associationfor the realtors , though there are some who still feel the Preservationn it ' s their right to place off-premises signs . And of Danville Boulevard most troublesome are the signs advertising goods TheRound Hill Own and services which are attached to utility poles . Property Owners Y Association The Alamo We had a real shock last March when our one bus Women's Club shelter disappeared and four concrete platforms The Danville Women's Club were placed downtown. We were told these were for Alamo Rotary bus shelters bearing advertising - on each would TheDanvtlle/Alamo be two signs size four feet by six feet. It was Garden Club stated that no hearings were .needed - only approval Soroptimist international of applications by county personnel . of Danville/Alamo The Eugene ONeill In the past we 've always been able to say: "it ' s TheFoundhtiablo ion Womeris against the law to put signs on rights of way. ". A Garden Club common answer was "everybody does it.. " However, if The Danville Area bus shelters are allowed to carry advertising, those Chamber of we chastise will just say: "that ' s not true - you Commerce can even put signs on bus shelters. " We do support the action now recommended by Public Works and appreciate the opportunity to provide input at a regular hearing. The right of appeal is also appreciated. We do have one suggestion to make. As you know of course, the county has established scenic corri-dors . It is our suggestion that you amend ordinance No. 93-30 by adding a paragraph which explicitly exempts from para. 82-12.406( 2) any road or street which has been officially designated a scenic corridor. "Bring Back the Beauty"