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HomeMy WebLinkAboutMINUTES - 11062001 - D.3 � 3 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP :> Costa COMMUNITY DEVELOPMENT DIRECTORCounty ry'`qc:�'Nr`r DATE: November 6, 2001 SUBJECT: HEARING ON THE COUNTY PLANNING COMMISSION RECOMMENDATION ON A PROPOSED OFFSITE VESSEL ADVERTISING ORDINANCE,County File#ZT010004 (All Districts) i SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS A. For purposes of compliance with the California Environmental Quality Act, determine that the project is Categorically Exempt (Minor Alterations in Land Use Limitations, Class 5). B. Find that the proposed ordinance is consistent with the General Plan. C. Introduce Ordinance; waive second reading, and set ordinance adoption decision for November 20, 2001. D. . Direct staff to post a Notice of Exemption with the County Clerk, followin adoption of the ordinance by the Board. �e CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON November 6. 2001 APPROVED AS RECOMMENDED OTHER XX On this date the Board of Supervisors took the following action: CLOSED the public hearing; INTRODUCED Ordinance No. 2001-23 to add Chapter 88.18 to the Contra Costa County Ordinance code to prohibit billboards and other offsite commercial signs on vessels on water within'the jurisdiction of the County; WANED the reading; and FIXED December 4, 2001 :for adoption. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS(ABSENTNone ) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Bob Drake [(925)335-1214] ATTESTED November 6, 2001 cc: Community Development Department JOHN SWEETEN, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Sheriff-Coroner Building Inspection Dept. BY , DEPUTY November 6, 2001 Board of Supervisors Offsite Vessel Advertising Ordinance, File #ZT010004 Page 2 FISCAL IMPACT: None. BACKGROUND A number of businesses have experimented with "floating" billboards on barges plying the waters of the Bay. The use of vessels in this manner has been a source of annoyance to some residents of the County. The Board of Supervisors directed staff to draft an ordinance that would regulate such activity. Specifically, the ordinance is intended to regulate the use of any boat or other vessel from advertising a business, good or other activity that is sold or conducted off of the vessel. The ordinance is modeled from similar ordinances enacted by the City of Brisbane, and the City and County of San Francisco. On October 9, 2001, the County Planning Commission conducted a hearing on the proposed ordinance. After providing an opportunity for all to speak, the Commission voted 5-1-1 (Battaglia — dissenting; Clark— abstaining) to recommend that the Board adopt the proposed ordinance. W:\zt010004.bo RD\ • • Resolution No. 27-2001 RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA CONCERNING REVIEW OF A PROPOSED OFFSITE VESSEL ADVERTISING ORDINANCE, COUNTY FILE#ZT010004 The County has adopted a scenic resource goal to preserve the scenic qualities of the San Francisco Bay/Delta estuary system and the Sacramento-San Joaquin River/Delta shoreline. (Goal#9-F of the Open Space Element of the General Plan) To advance this goal, the County has established the following policies: • The appearance of the County shall be improved by eliminating negative features such as non-conforming signs..., and by encouraging aesthetically designed facilities.... (Policy 9-24 of the Open Space Element of the General Plan) • Maintenance of the scenic waterways of the County shall be ensured through public protection of the marshes and riparian vegetation along the shorelines and delta levees, as otherwise specified in this plan. (Policy 9- 25 of the Open Space Element) The County has adopted the following measures to implement these waterway related policies: • Carefully study and review any development projects which would have the potential to degrade the scenic qualities of ... the bay and delta shoreline. (Implementation Measure#9-b) • Develop and enforce guidelines for development along scenic waterways to maintain the visual quality of these areas. (Implementation Measure #9-e) Some businesses are experimenting with a relatively new form of advertising, "floating billboards" which are placed on barges and have been plying the shores of San Francisco Bay to the annoyance of some Bay Area residents who consider this alternate media form to be an eyesore. In response to this situation, staff has drafted a proposed Offsite Vessel Advertising Ordinance that would regulate the advertising of businesses, goods or other activity that is sold or conducted off of the vessel. After notice thereof having been lawfully given, a public hearing was scheduled on the proposed ordinance before the County Planning Commission, where all persons interested therein might appear and be heard. The County Planning Commission having full reviewed, considered and evaluated all the testimony and evidence submitted in this matter. 1 Resolution No. 27-2001 RESOLVED, the County Planning Commission of the County of Contra Costa, State of California RECOMMENDS for adoption to the Board of Supervisors of the County of Contra Costa the proposed Offsite Vessel Advertising Ordinance as a text amendment to the Zoning Ordinance. Further, the Commission finds that the proposed ordinance is consistent with the general plan, including the Scenic Resource Goals and Policies of the Open Space Element; Further, the County Planning Commission finds that the proposed ordinance is Categorically Exempt from the review requirements of the California Environmental Quality Act as a Minor Alteration in Land Use Limitations (Class 5) insofar as the proposed ordinance would only affect territory with an average slope that is less than 20%, and which will not result in any change in land use or density. Further, the instruction by the County Planning Commission to prepare this resolution was given by motion of the Commission on Tuesday, October 9, 2001, by the following vote: AYES: Commissioners—Terrill, Wong, Gaddis, Hanecak, and Mehlman NOES: Commissioners —Battaglia ABSENT: Commissioners —None. ABSTAIN: Commissioners—Clark. RICHARD CLARK Chairman, County Planning Commission, County of Contra Costa, State of California ATTEST: DENNIS M. BARRY, AIC Secretary of the County lanning Commission, Contra Costa County, State of California. W:W010004.res RD\ 2 ORDINANCE NO. 2001DRAFT - OFFSITE VESSEL ADVERTISING The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): [Gov. Code § 25120] SECTION I. SUMMARY. This ordinance adds Chapter 88.18 to the Contra Costa County Ordinance Code to prohibit billboards and other offsite commercial signs on vessels on waters within the jurisdiction of the County. [Gov. Code § 25129] SECTION II. Chapter 88-18 is added to the County Ordinance Code to read: CHAPTER 88-18 OFFSITE VESSEL ADVERTISING' Article 88-18.2 General Provisions 88-18.202 Title. This chapter shall be known as the Offsite Vessel Advertising Ordinance of Contra Costa County. (Ord. 2001-_§2.) 88-18.204 Findings. The Board of Supervisors finds as follows: (a) Billboards and other offsite commercial signs on vessels on waters within the jurisdiction of the county cause visual blight, are distracting, create significant safety hazards to pedestrians and motorists, and reduce the value of waters within the jurisdiction of the county as a public attaction,because billboards and other offsite commercial signs tend to be frequently changed, are specifically and primarily intended to attract the public's attention, and do not enhance the natural beauty or scenery of waters within the jurisdiction of the county. (b) Onsite commercial signs on vessels on waters within the jurisdiction of the county, including signs identifying commercial shipping, industrial harbor watercraft, and tourist, passenger, and fishing vessels, or their services, goods, or commodities, are much less distracting, cause much less visual blight, and create significantly fewer safety hazards to pedestrians, motorists and boaters than do billboards and other offsite commercial signs,because onsite commercial signs are not changed frequently and often are used primarily for identification rather than to attract the public's attention. (c) Recreational and competitive sailing on sailboats on waters with the jurisdiction of the county enhance the public's recreational use and enjoyment of waters within the jurisdiction of .:--.... 'For additional sign provisions, see Chapters 88-6, 88-8, and 88-9, this code. For additional vessel provisions, see Division 410, this code. ORDINANCE 2001- 1 the county, and promote the economic vitality of the county. Offsite commercial signs displayed on the hulls or sails of sailboats on waters within the jurisdiction of the county, including signs relating to commercial sponsorship, do not cause visual blight or create significant safety hazards to pedestrians and motorists, because sailboats that display offsite commercial signs on their hulls or sails tend to do so only incidentally, remain aesthetically pleasing and thus enhance the natural beauty and scenery of waters within the jurisdiction of the county and promote recreational uses of those waters. (d) By adopting this ordinance, the Board of Supervisors does not intend to and is not regulating shipping or other activities on waters within the jurisdiction of the county to the extent that state or federal laws or regulations, including the Shipping Act of 1984 (46 U.S.C. § 1701 et seq.),preempt such regulation. (Ord. 2001-_§2.) 88-18.206 Purpose. The purpose of this chapter is to regulate the display of billboards and other offsite commercial signs on vessels on waters within the jurisdiction of the county in order to protect and enhance the aesthetic value, natural beauty and scenery of waters within the jurisdiction of the county, reduce visual blight, reduce safety hazards to pedestrians, motorists and boaters,protect and enhance the value of waters within the jurisdiction of the county as a public attraction, and promote recreational uses of waters within the jurisdiction of the county. [Harbors and Navigation Code section 660.] (Ord. 2001-_§2.) Article 88-18.4 Definitions 88-18.402 Onsite Sign. For purposes of this chapter, 'onsite sign" means(1) a sign which identifies or advertises a business, good, commodity, service, industry,or other activity which is sold, offered, or conducted, other than incidentally, on the vessel upon which the sign is displayed; or(2) a sign which identifies or advertises a good or commodity that is being transported on the vessel or identifies or advertises a container in which a good or commodity is being transported on the vessel, where the sign is displayed on the good, commodity or container. (Ord. 2001-_§2.) 88-18.404 Offsite Sign. For purposes of this chapter, "offsite sign" means a sign which identifies or advertises a business, good, commodity, service, industry,or other activity which is sold, offered,or conducted off the vessel upon which the sign is displayed,or which is sold, offered, or conducted on such vessel incidentally, if at all. (Ord. 2001-_§2.) 88-18.406 Sailboat. For purposes of this chapter, "sailboat" means any watercraft designed to be and capable of being propelled solely by wind power. (Ord. 2001-_§2.) 88-18.408 Sign. For purposes of this chapter, "sign" means any structure or surface or a device or arrangement attached to or painted or represented upon a structure or surface which is displayed on any vessel and which attracts or is intended to attract attention to an object, product, place, activity,person, institution, organization or business, or which displays or includes a letter, work, model, figure, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction, advertisement, declaration or illustration. (Ord. 2001--§2.) ORDINANCE 2001- 2 88-18.410 Vessel. For purposes of this chapter, "vessel" means every description of watercraft used or.capable of being used as a means of transportation on water, including, but not limited to, motorized, towed, or sailing watercraft such as ships, boats, tugboats, barges, and sailboats, but not including aircraft. (Ord. 2001-_§2.) Article 88-18.6 Prohibition and Exemptions 88-18.602. Prohibition. No offsite sign may be displayed on the outside of any vessel on any waters within the jurisdiction of the County. (Ord. 2001-_§2.) 88=18.604 Exemptions. The prohibition in this chapter shall not apply to: (a) Any onsite sign displayed on a vessel; or (b) Any sign displayed on the hull or sails of a sailboat,provided that the sails are designed, and are being used, primarily for the propulsion of the sailboat. (Ord. 2001-_§2.) SECTION III. EFFECTIVE DATE. This ordinance becomes effective thirty(30).days after passage, and within fifteen (15) days after passage shall be published once with the names of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. (Gov. Code §§ 25123 & 24124) PASSED on , by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JOHN SWEETEN, Clerk of the Board and County Administrator By: Deputy Board Chair IFLACode Enforcementfloating Billboards Ordinancempd ORDINANCE 2001- 3 • Agenda Item # Contra Costa County Community Development COUNTY PLANNING COMMISSION Tuesday, October 9, 2001 —7:00 p.m. I. INTRODUCTION OFFSITE VESSEL ADVERTISING ORDINANCE, County File#ZT010004 —A proposal to adopt an amendment to the Zoning Ordinance of the County of Contra Costa to regulate the use of a variety of watercraft as platforms for advertisements. The ordinance would prohibit billboards and other offiste commercial signs on vessels traveling on waters within the jurisdiction of the County. The ordinance defines an "offsite sign" as a sign that identifies or advertises a business, good or other activity which is sold or conducted off of the vessel. "Offsite signs" are intended to include "floating billboards" —that is, large billboards that are displayed on barges and float down rivers or through bays. II. RECOMMENDATION Adopt a motion A. Finding that the proposed ordinance is consistent with the general plan; and B. recommending that the Board of Supervisors adopt the offsite vessel advertising ordinance. III. BACKGROUND The County has recently experienced boats that are being used as a means of advertising. It includes barges that are employ large banners and floating signs to advertise goods and services. The signs have apparently become a source of annoyance to some Bay Area residents. The matter was reviewed by the Internal Operations Committee which recommended to the Board of Supervisors adoption of an "Offsite Vessel Advertising Ordinance" modeled on ones adopted by the citites of Brisbane and San Francisco. On August 14, 2001, the Board unanimously voted to refer the draft ordinance to the Planning Commission for public hearing and recommendation to the Board. IV. GENERAL PLAN CONSIDERATIONS Section 65860 of the Government Code requires that a zoning ordinance be consistent with the County general plan. It also provides that in order for the ordinance to be consistent with the general plan, the various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in the plan. As discussed in an August 1, 2000 memorandum from County Counsel, the ordinance is primarily intended to provide visual protection of the unincorporated waters of San Pablo Bay, the Carquinez Strait, and San Joaquin River. These waters have been designated in the Open Space Element of the General Plan as "Scenic Waterways." Moreover, the following goals, policies and implementation measures are pertinent to the proposed ordinance. SCENIC RESOURCES GOAL 9-F. To preserve the scenic qualities of the San Francisco Bay/Delta estuary system and the Sacramento-San Joaquin River/Delta shoreline. SCENIC RESOURCES POLICIES 9-24 The appearance of the County shall be improved by eliminating negative features such as non-conforming signs and overhead utility lines, and by encouraging aesthetically designed facilities with adequate setbacks and landscaping. 9-25 Maintenance of the scenic waterways of the County shall be ensured through public protection of the marshes and riparian vegetation along the shorelines and delta levees, as otherwise specified in this plan. SCENIC RESOURCE IMPLEMENTATION MEASURE 9-b. Carefully study and review any development projects which would have the potential to degrade the scenic qualities of ... the bay and delta shoreline. 9-e. Develop and enforce guidelines for development along scenic waterways to maintain the visual quality of these areas. V. CEQA DETERMINATION 2 • • For purposes of compliance with the California Environmental Quality Act, staff has determined that the proposed ordinance is Categorically Exempt (Class 5 — Minor Alterations in Land Use Alterations) VI. DISCUSSION The proposed ordinance would aid in meeting the General Plan Scenic Resource goals, policies, and implementation measures. Accordingly, the proposed ordinance should be adopted as proposed. W Avessel-ord.rpt RD\ 3 a � z N z p o j , dt3 i CC z 02 e 1 0 t 0 1 a � 5 ' Cp n ft � �`..✓ U) T' cn d us p u u � z z � r r i 3 0 Y �•t J �! t 1 l y M r� u r y cop/ TO: .OF SUPERVISORS b� ' �. Contra • h FROM: INTERNAL OPERATIONS COMMITTEE ' o� I� ;• Costa DATE: AUGUST 14, 2001 ._ A,;1 S3: 114 •i}i t1CI County SUBJECT: FLOATING BILLBOARDS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. ACCEPT draft ordinance to restrict the use and placement of floating billboards on County-controlled waterways. 2. REFER draft ordinance to the Planning Commission for public hearing and recommendation to the Board of Supervisors. 3. DIRECT the County Counsel to forward a copy of the draft ordinance to the State Department of Boating and Waterways for its review and comment, and to forward those comments to the Internal Operations Committee. BACKGROUND: As a way to break through the traditional advertising clutter, some businesses are experimenting with a relatively new form of advertising, "floating billboards". For example, Dirtpile.com calls its 24' by 72' yellow and red floating sign, which can be illuminated, "ad- barge-using". Closer to home, San Francisco-based Adauction.com began renting out barge- borne billboards at $35,000 for two.weeks in San Francisco Bay along a busy stretch of Highway 101. That has annoyed some Bay Area residents who consider this alternate media form to be an eyesore. Some governmental agencies, including New York City and the City of Brisbane, have taken steps to ban or restrict floating billboards. Last February, the Board requested the Internal Operations Committee to study this issue and return to the Board with recommendations on CONTINUED ON ATTACHMENT: YES' SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER ,e C SIGNATURE(S): uke��� JOHN GIOIA MARK DeSAULNIE ACTION OF BOARD ON O APPROVE AS RECOMMENDED_ r6�+fCit `i VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE y� AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT AND ENTERED ON THE MINUTES OF THE 4— BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: L ATTESTED CONTACT: SUPERVISOR JOHN GIOIA (510)3743231 JOHN S A CLERK OF HE BOARD OF PERVISORS AND COUNTY ADMINISTRATOR CC: COUNTY ADMINISTRATOR COMMUNITY DEVELOPMENT DIRECTOR COUNTY COUNSEL JULIE ENEA,STAFF TO 10 COMMITTEE BY ' PUTY Floati illboard Ordinance • August 14, 2001 InterrWperations Committee Page 2 the possible enactment of a local ordinance to restrict the use and placement of floating billboards on County waterways. On May 7, the Internal Operations Committee reviewed a copy of the City and County of San Francisco's ordinance and a color map illustrating the waterways within the boundaries of the County unincorporated areas and the cities. The Committee requested County Counsel to model an ordinance for Contra Costa County after similar ordinances of other agencies for the Committee's consideration. On August 6, the Committee reviewed a draft ordinance prepared by the County Counsel and was advised of a legal requirement to forward a draft of the ordinance to the State Department of Boating and Waterways for its review and comment prior to recommending it for adoption by the Board of Supervisors. The Community Development Director also advised that since the proposed floating billboard ordinance is a zoning ordinance, the Planning Commission must conduct a public hearing during which it considers the matter. The Internal Operations Committee, therefore, recommends that the Board of Supervisors accept the proposed ordinance, refer it to the Planning Commission for consideration and public hearing, and direct the County Counsel to forward a copy to the State Department of Boating and Waterways for its review and comment, and to report back to the Committee with the results of these actions. Office of the County &nsel Contra Costa County 651 Pine Street, 9th Floor Phone: (925) 335-1800 Martinez, CA 94553 Fax: (925)646-1078 Date: August 1, 2001 To: Internal Operations Committee From: Silvano B. Marchesi, County Counsel / By: Thomas L. Geiger,Deputy County Counsel V Re: "FLOATING BILLBOARD" ORDINANCE—INTERNAL OPERATIONS COMMITTEE MEETING OF AUGUST 6, 2001 SUMMARY Harbors and Navigation Code section 660 provides that a county may adopt an ordinance relating to vessels as long as the ordinance pertains only to time-of-day restrictions, speed zones, special-use areas, or sanitation and pollution control. It is not clear whether this proposed ordinance goes beyond creating a special-use area. If the Internal Operations Committee wishes to proceed with the proposed floating billboard ordinance, the Committee should forward a draft of the ordinance to the state Department of Boating and Waterways for its review and comment prior to adoption. BACKGROUND The attached ordinance, drafted pursuant to the Committee's request, would add Chapter 88-18 to the Contra Costa County Ordinance Code. It would be known as the Offsite Vessel Advertising Ordinance. The ordinance is modeled after similar ordinances in the cities of San Francisco and Brisbane. The draft ordinance prohibits billboards and other offsite commercial signs on vessels traveling on waters within the jurisdiction of the County. The ordinance defines an"offsite sign"as a sign which identifies or advertises a business, good or other activity which is sold or conducted off of the vessel. The definition is meant to include"floating billboards"—that is, large billboards that are displayed on barges and float down rivers or through bays. The ordinance would apply to waters within the jurisdiction of the County. These waters include a very small portion of San Francisco Bay west of San Pablo, a portion of the Carquinez Straits between Crockett and Port Costa including the water underneath Interstate 80, a portion of Suisun Bay between Martinez and Pittsburg, and a portion of the San Joaquin River east of Antioch. It would not include the waters within the jurisdiction of incorporated cities within the County. These waters include a majority of the portions of San Francisco Bay and San Pablo Bay between El Cerrito and Crockett, the portion of the Carquinez Straits underneath Interstate 680, or Suisun Bay near Pittsburg and Antioch. Internal Operations Commi� • August 1, 2001 Page 2 The ordinance includes two exemptions. First, the ordinance would allow vessels to display onsite signs. The ordinance defines "onsite sign" as a sign which identifies or advertises a business, good or other activity which is sold or conducted on the vessel. It also defines"onsite sign" as a sign which identifies or advertises a good or commodity that is being transported on the vessel. It further defines "onsite sign" as a sign which identifies or advertises a container in which a good or commodity is being transported on the vessel, if the sign'is displayed on the container. Second, the ordinance would allow sailboats to display signs on their hulls or sails, as long as the sails are used to propel the sailboat. DISCUSSION 1. Regulation of Commercial Speech The government has legitimate interests in controlling the noncommunicative aspects of billboards. (Metromedia, Inc. v. City of San Diego (1981) 453 U.S. 490, 500-03.) The United States Supreme Court has adopted a four-part test for determining the validity of government restrictions on commercial speech as distinguished from more fully protected speech. (Id. at 507, citing Central Hudson Gas &Electric Corp. v. Public Service Comm'n (1980) 447 U.S. 557.) A restriction on otherwise protected commercial speech is valid only if it seeks to implement a substantial government interest, directly advances that interest, and reaches no further than necessary to accomplish the given objective. (Metromedia,supra, 453 U.S. at 507.) Applying the four-part test to the proposed ordinance, the ordinance would appear to be a legitimate regulation of commercial speech. The stated purpose of the ordinance is to protect and enhance the aesthetic value, natural beauty and scenery of waters within the jurisdiction of the County, reduce visual blight, reduce safety hazards to pedestrians and motorists,protect and enhance the value of waters within the jurisdiction of the County as a public attraction, and promote recreational uses of waters within the jurisdiction of the County. These would appear to be appropriate governmental goals. Because the floating billboard ordinance regulates offsite advertising, but not onsite advertising, the ordinance reaches no further than necessary to accomplish the County's goals. The ordinance also would appear to be a legitimate regulation of commercial speech under the County's police power. (Cal. Const., Art. 11, § 7.) A police power regulation will be considered reasonable so long as there is a real or substantial relationship between the regulation and the protection of the public health, safety,morals, or general welfare. (Amusing Sandwich, Inc. v. City of Palm Springs(1985) 165 Cal.App.3d 1116, 1126). The stated goals of this ordinance are to protect and enhance the aesthetic value, natural beauty and scenery of waters within the jurisdiction of the County, reduce visual blight, reduce safety hazards to pedestrians and motorists,protect and enhance the value of waters within the jurisdiction of the County as a public attraction, and promote recreational uses of waters within the jurisdiction of the County. Internal Operations Com0ee • August 1, 2001 Page 3 2. Requirements of Harbors and Navigation Code Section 660 The Harbors and Navigation Code specifies certain requirements for ordinances relating to vessels. Section 660 provides, in relevant part: "(a) Any ordinance, law, regulation, or rule relating to vessels, which is adopted pursuant to provisions of law other than this chapter by any entity other than the [D]epartment [of Boating and Waterways] including but not limited to any county, city, port authority, district, or any state agency other than the department shall, notwithstanding any other provision of law,pertain only to time-of-day restrictions, speed zones, special-use areas, and sanitation and pollution control, and the measure shall not conflict with this chapter or the regulations adopted by the department. Except (in the case of an emergency ordinance], any measure relating to boats or vessels adopted by any government entity other than the department shall be submitted to the department prior to adoption and at least 30 days prior to the effective date thereof." The proposed ordinance is an ordinance that relates to vessels. It is not a time-of-day restriction, does not establish a speed zone, and does not provide for sanitation and pollution control. Therefore, to regulate in this area, the proposed ordinance must pertain to a special use area. Harbors and Navigation Code section 651(v) defines"special use area" as "all or a portion of a waterway that is set aside for specified uses or activities to the exclusion of other incompatible uses or activities." We cannot predict with certainty whether a court would decide that the proposed ordinance creates a"special use area." The courts and the Attorney General have analyzed the meaning of a"special use area" and concluded that it means an area in which certain types of vessels are allowed. (See People ex rel. Younger v. County of EI Dorado (1979) 96 Ca1.App.3d 403; 74 Ops.Cal.Atty.Gen. 174 (1991).) In this situation, it could certainly be argued that the ordinance regulates a certain type of vessel—vessels with offsite advertising—and thus is allowed under Section 660. The cities of San Francisco and Brisbane have both adopted a floating billboard ordinance. We were advised by the Port of San Francisco's General Counsel that Harbors and Navigation Code section 660 was not considered because the Burton Act(Chapter 1333 of the California Statutes of 1968) gives San Francisco broad authority to regulate and control the Port area of San Francisco. We were also informed by the Brisbane City Attorney that Brisbane did not address this issue. Section 660 directs counties to submit ordinances relating to vessels to the state Department of Boating and Waterways prior to their adoption. If the Internal Operations Committee Internal Operations Commi• August 1, 2001 Page 4 wishes to proceed with the proposed floating billboard ordinance, we recommend that the Committee forward the ordinance to the state Department of Boating and Waterways for its review and comment in compliance with the statute. This office is available to assist in submitting a draft ordinance upon the Committee's direction. RIC.&EnkrmmfFlwriK billmrd rrmm.wpd SILVANO B.MARCHESI - DEPUTIES: i�_ • PHILLIPS.ALTHOFF COUNTY COUNSEL �����:r{f r�.�� . JANICE L.AMENIA fit• -i - ;�1. NORAG.BARLOW SHARON L.ANDERSON / `' B.REBECCABYRNES ASSISTANT COUNTY COUNSEL // ANDREA W.CASSIDY C94AA COStA' Ny 1 MONIKAL.COOPER Vic GREGORY C.HARVEY OFFICIi'OF T UI ' OUN MARE S.ESTI S . [�[� - ; �l�l� f 5 AM 10: f C MARKES.ESTIS ASSISTANT COUNTY COUNSEL II �'S_ �,! I 1 Fi IlJ li J LILLIANT.FUJII AINISTRAT((YIVBUIj, G;,_{�; JANETLHOLMES DENNIS C.GRAVES &'STREET.! w KEVIN T.KERR APP SENIOR FINANCIAL COUNSEL � J I1AAR1.`, Z C LIF 1•ZZ9 EDWARDBERNARLKNE.J .� ��,,.i _ EDWARD V LANE.JR. :---.- ���•. `:i BEATRICE LIU GAYLE MUGGLI r T;� MASON OFFICE MANAGER ;;`l j;:_ y_ MARY ANN F41Z _ .-;r�..;:!� PAUL R.MUIJIZ -r5 L'(jt �i�� VALERIEJ.RANCHE PHONE (925) 335-1800 =—�� STEVEN P.RETTIG DAVID F FAX (925) 646-1078 DIANAJ.SILVERID7 JACQUELINE Y.WOODS PAMELA J.ZAID August 14, 2001 avid Johnson, Senior Boating Administrator C 'fornia Department of Boating and Waterways 2000 vergreen St., Suite 100 Sacrame to, CA 95815 Re: Proposed Contra Costa County Offsite Vessel Advertising Ordinance Dear Mr. Johnson: This letter is to request that the Department of Boating and Waterways review and comment on a proposed Contra Costa County ordinance that would regulate offsite vessel advertising. The request is made pursuant to Harbors and Navigation Code section 660. This section requires any measure relating to boats or vessels adopted by a government entity to be submitted to the Department prior to adoption and at least 30 days prior to the effective date of the ordinance. A copy of the proposed ordinance is enclosed with this letter. This ordinance is intended to create a special-use area pursuant to Harbors and Navigation Code section 660, which authorizes counties to adopt ordinances relating to vessels.if the ordinances pertain to special-use areas. The ordinance is modeled after ordinances adopted by the cities of San Francisco and Brisbane. The ordinance would prohibit billboards and other offsite commercial signs on vessels traveling on waters within the jurisdiction of the County. The ordinance defines an"offsite sign" as a sign which identifies or advertises a business, good or other activity which is sold or conducted off of the vessel. The definition is meant to include"floating billboards"—that is, large billboards that are displayed on barges and float down rivers or through bays. The ordinance includes two exemptions. First, the ordinance would allow vessels to display onsite signs. The ordinance defines"onsite sign" as a sign which identifies or advertises a business, David Johnson August 14, 2001 Page 2 good or other activity which is sold or conducted on the vessel. It also defines"onsite sign" as a sign which identifies or advertises a good or commodity that is being transported on the vessel. It further defines"onsite sign"as a sign which identifies or advertises a container in which a good or commodity is being transported on the vessel, if the sign is displayed on the container. Second, the ordinance would allow sailboats to display signs on their hulls or sails, as long as the sails are used to propel the sailboat. The Contra Costa County Board of Supervisors referred this ordinance to the County Planning Commission for its review and directed this office to forward it to the Department of Boating and Waterways for review and comment. Please direct your response to this office at the above address, preferably within thirty(30) days of the date of this letter. If you have any questions or need any additional information,please contact me at(925) 335- 1813. Very truly yours, Silvan B. Marchesi County Counsel By: Thomas L. Geiger Deputy County Counsel TG cc: Supervisor John.Gioia Supervisor Mark DeSaulnier Dennis Barry,Community Development Director Julie Enea, Senior Deputy County Administrator H:\Code Enforcem:ni loating billboard letermpd i Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: (925)335-1800 Martinez, CA 94553 Fax: (925)646-1078 it i I C. Date: September 10, 2001 cl �� To: ohn Gioia, Supervisor, District 1 S k DeSaulnier, Supervisor, District 4 7 From: Silvano B. Marchesi, County Counsel By: Thomas L. Geiger, Deputy County Counsel Re: REVIEW OF FLOATING BILLBOARDS ORDINANCE BY CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS As directed by the Board of Supervisors on August 14, 2001, this office forwarded the proposed Contra Costa County Offsite Vessel Advertising Ordinance, the"floating"billboards" ordinance, to the state Department of Boating and Waterways for its review and comment. The Department of Boating and Waterways has reviewed the proposed ordinance and determined that it conforms with Section 660(a) of the state Harbors and Navigation Code. This section authorizes counties to adopt ordinances relating to vessels if the ordinances pertain to special- use areas. A copy of the Department's response is attached. This office will prepare a final version of the ordinance for the Board's consideration after the Planning Commission holds a public hearing and considers the proposed ordinance. 1n the meantime, please contact the above-named deputy if you have any questions or comments. TG: Attachment cc: Dennis Barry, Community Development Director Julie Enea, Senior Deputy County Administrator H:Cr.k E.finvn i-k.6%Dillt—& Wirg hillt—d nply rn -q.J TSG OF CALIFORNIA—THE RESOURCES AGENCY GRAY DAVIS. Govemor :;cPARTMENT OF BOATING AND WATERWAYS 2000 EVERGREEN STREET, SUITE 100 SACRAMENTO, CALIFORNIA 95815-3888 (916) 263-1331 September 5, 2001 Thomas L. Geiger, Deputy County Counsel Contra Costa County Office of the County Counsel 651 Pine Street, Ninth Floor Martinez, CA 94553-1229 Dear Mr. Geiger: We have received your letter and reviewed the Proposed Contra Costa County Offsite Vessel Advertising Ordinance. The ordinance is in.,conformance with Harbors and Navigation Code Section 660 (a). If you have any questions, please contact Mike Sotelo of my staff at (916) 263-0787. Sincerely, avid L. Johnson Supervisor, Legislation, Regulations and Public Information Rip; I!,--II"\V-7 US?D SEP 0 7 2001 COUNTY COUNSEL MARTINEZ CALIF. Sheriffs Office — Administration & City of Antioch Community Services City of Concord 1980M :Rd. Planning Division 1950 :I?