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HomeMy WebLinkAboutItem 7.6 Political Sign Ordinance Cgtg DUBCPP 'loo-3Z AGENDA STATEMENT Meeting Date: September 13, 1982 SUBJECT Political Sign Ordinance EXHIBITS ATTACHED : Letter from Ronald Sorensen, Alameda County Road Department, dated August 23, 1982; Ordinance; Resolution RECOMMENDATION : Consider FINANCIAL STATEMENT: None DESCRIPTION : As you are aware, the City of Dublin with the adoption of Ordinance No. 1 , adopted the County Ordinance in effect at the time which prohibited the placement of political signs in the public right-of-way. On April 20, 1982 Alameda County adopted an ordinance which allows the placement of political signs in the public right-of-way provided that an encroachment permit is obtained. The County Road Department has requested direction from the City of Dublin as to whether it wants the Road Depart- ment to enforce the City's existing ordinance which prohibits signs altogether, or whether the Council wishes to adopt an ordinance similar to the County's. In the event that the City Council is desirous of adopting an ordinance similar to the new County ordinance, the City Attorney has prepared such an ordinance and an accompanying resolution which establishes procedures to be followed for the issuance of an encroachment permit for placement of political signs in the public right-of-way. Such an ordinance would have to be adopted on an urgency basis, if it is to be effective for the November general election. �-�► t Copies To: Ray Burnham ITEM NO. /• to Road Department ,on ' Bur/ aAs COUNTY OF ALAMEDA PUBLIC WORKS AGENCY R E L E y E p Ilft 41>PUBLIC 399 Elmhurst Street • Hayward, CA 94544-1395 AUG 2 5 1982 . ORKS (415) 881-6470 ..�. CITY OF 9 - DUBLIN esources August 23, 1982 Mr. Richard C. Ambrose City Manager City of Dublin P. 0. Box 2340 Dublin, CA 94568 Dear Mr. Ambrose: On April 20, 1982, the Board of Supervisors of the County of Alameda adopted Ordinance No. 82-26 which authorizes the placing of political signs in the County road right of way. By Resolution No. 193300 adopted April 20, 1982, the Board established procedures to be followed to issue an encroachment permit for placing signs in the County road right of way. Since the County of Alameda was providing services for the City of Dublin during the June primary, the Road Department issued the encroachment permits. As of July 1, 1982, the County no longer provides service to the City of Dublin at no cost. On August 17, 1982, Resolution No. 193300 was rescinded by the Board of Supervisors. New guidelines were adopted for Resolution No. 194358. Ordinance No. 82-26 is not effective within the City of Dublin since it was passed after the incorporation. The Road Department will not be able to issue encroachment permits for political signs covering the November election under the County Ordinance and resolution. I have enclosed copies of the Ordinance and both resolutions for your information and files. If the City Council adopts an Ordinance and resolution similar to Resolution No. 194358, the Road Department will administer the political sign permits in the regular manner. If the Council chooses not to adopt the Ordinance and resolution, I would appreciate your specific written directions concerning the treatment to be given the political signs which will soon be placed in the streets of the City of Dublin. Your early attention to this matter will be sincerely appreciated. Very truly yours, RONALD F. SORENSEN CHIEF, ROAD DEPARTMENT By RAYMOND D F. BURNHAM SUPERVISING CIVIL ENGINEER OPERATIONS, PLANNING & PROGRAMS RFS:RFB:cd DWD1A1 Enc. cc. Mike Nave, City Attorney ORDINANCE NO. 20 AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO PLACEMENT OF POLITICAL AND ADVERTISING SIGNS THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS : j Section 1. ADVERTISING AND POLITICAL SIGNS No person, except as otherwise authorized by law, shall fasten or affix any political or advertising sign on any curbstone , lamppost, pole, traffic signal standard, traffic sign post, hydrant, bridge, wall , tree, sidewalk or other structure, or directly to the land itself, or place an unattended freestanding sign within the county right of way. Political signs may, however, be placed with the county right of way during the period sixty (60) calendar days before an election upon the issuance of an encroachment permit by the Director of Public Works taking into considera- tion the safety of vehicular and pedestrian traffic, the pre- vention of damage to public property, the aesthetic conditions of a particular neighborhood, and the guidelines adopted by resolution of the Board of Supervisors . Other terms and con- ditions of a permit, including but not limited to permit fees , security deposits , and requirements of placement and removal of signs, may also be fixed by resolution of the Board. Section 2 . IMMEDIATE EFFECT This ordinance shall take effect immediately upon its enactment because the adoption and immediate effect thereof is necessary to establish controls for political signs at the next election in order to protect vehicular and pedes- trian safety. Section 3 . POSTING OF ORDINANCE } The City Clerk of the City of Dublin shall cause this ordinance to be posted in at least three (3) public • places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. • PASSED AND ADOPTED by the City Council of the City of Dublin on this day of , 1982 , by the following votes: • AYES : NOES : ABSENT: Mayor Attest: By City Clerk RESOLUTION NO. 41-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING GUIDELINES FOR THE ISSUANCE OF ENCROACHMENT PERMITS FOR THE INSTALLATION OF POLITICAL SIGNS IN CITY STREET RIGHTS OF WAY WHEREAS , Ordinance No. 20 of the City of Dublin provides for the issuance of encroachment permits for the installation of political signs in City street rights of way; and WHEREAS , the following guidelines for the issuance of said encroachment permits have been recommended by the Alameda County Director of Public Works, NOW, THEREFORE , BE IT RESOLVED, that the City Council of the City of Dublin does hereby adopt the following guidelines for the issuance of encroachment permits for installation of political signs in City street rights of way: 1. Encroachment permits will be required for the installa- tion of political signs in City street rights of way. Permits will be issued only to the Candidate, the Candidate ' s election committee or a committee sponsoring a particular ballot proposi- tion. Permits will not be issued to public relations organizations for placing political signs, however, these organizations may place signs under a permit issued to the individual Candidate. 2 . The Permittee shall pay the following fees : Permit Fee $10 . 00 Field Investigation 20 .00 3 . The Permittee shall post a Security Deposit in the form of a cash bond or other sufficient security acceptable to the Director of Public Works to insure the removal of the political signs . The Security Deposit will be returned if the Permittee removes the political signs within the time specified hereinafter, or may be used by the County to remove the political signs if the Permittee fails to do so. The Security Deposit shall be in the amount of Five Dollars ($5 .00) per political sign, but in no event shall be less than Fifty Dollars ($50 .00) or more than Two Hun- dred Dollars ($200 .00) . 4 . No political signs shall be placed in the right of way more than sixty (60) calendar days before the election. 5 . All political signs shall be removed from the right of way within ten (10) calendar days after the election. If political campaign signs are not removed within this period of time , they may be removed by the City of Dublin. The cost of removing will be deducted from the Security Deposit. 6 . No political signs shall be attached to any traffic signal standards , traffic regulatory, warning or guide sign posts, or placed on any median or other traffic island. 7 . Political signs shall not have the shape of any traffic regulatory or warning signs . 8 . Political signs shall not be placed so as to obstruct the view of any traffic sign, driveway, or pedestrian crossing. 9 . Political signs shall not be placed so as to obstruct the use of the sidewalk area. 10 . Political signs placed so as to project into the side- walk area shall have no portion of the sign less than seven (7) feet above the sidewalk or closer than eighteen (18) inches from a vertical projection of the face of curb or edge of shoulder. 11 . Political signs shall be placed parallel to and eighteen (18) inches from the face of curb unless placed over the sidewalk as provided in numbered paragraph 9 above or another location as specified in in the encroachment permit. 12 . Political signs placed without an encroachment permit, or in violation of the conditions set forth herein, will be re- moved by the City, and the Candidate will be billed for the re- moval of the signs . A Candidate who places signs without an encroachment permit will be subject to prosecution as provided in the Ordinances of the City of Dublin. BE IT FURTHER RESOLVED that the Director of Public Works be and he is hereby authorized and directed to furnish copies of this resolutions to the Registrar of Voters; and BE IT FURTHER RESOLVED that the Registrar of Voters be and he is hereby authorized and directed to furnish a copy of this resolution to all candidates for election and supporters of measures who may post signs in the unincorporated area. PASSED, APPROVED AND ADOPTED this 13th day of September, 1982 , by the following vote : AYES : NOES : ABSENT: Mayor Attest: City Clerk