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HomeMy WebLinkAboutItem 8.1 AprvEncrPermitVllyArt (2) AGENDA STATEMENT MEETING DATE: April 9, 1984 , SUBJECT: . Encroachment Permit Request from The Valley Artists EXHIBITS ATTACHED: 1 . Copy of letter request 2 . Ordinances and policy regarding banners . 3 . General provisions of encroachment permit . RECOMMENDATION: TY Approve request for encroachment permit and deny waiver of insurance request. FINANCIAL STATEMENT: None to City. DESCRIPTION: The Valley Artists Association has requested the installation of a banner along the fence fronting the Shannon Center on San Ramon Road between April 14 , 1984 , and April 29 , 1984 . The Association does appear to be a non profit public service organization in as much as it is open to any Dublin resident and does contribute to public service projects in the area. This Art Show, although the paintings are for sale, does serve as a forum for local artists to show their talents and for area residents to view local art . Further, this organization does provide City Hall with paintings on a rotational basis at no cost to the City. • The policy does call for the events to be located within the City limits, however, it appears, that the event has been priced out of the Shannon Center and is to be held just to our northern border at D. S .R.S .D . ' s "White House" on Alcosta Boulevard. The policy does allow the Council to waive any guideline due to extenuating circumstances . The need for insurance (which is being requested to be waived) is much lower with the banner attached to the fence than over the traffic lanes on San Ramon Road, as it is removed from close contact to traffic . As a part of the encroachment permit, the applicant is required to hold the City harmless from liability due to the permittee ' s work. The status of the installation of the banner poles is that PG&E has donated the poles to the City, however, was not able to save the foundations . Staff is negotiating with the signal contractor installing the Dublin Boulevard/Amador Plaza signals to excavate, provide hardware, reinforcing steel and pour concrete bases and then provide a cable - adjoining the tops of the poles so that banners can be slid across the cable without having to cross the street at street level . PG&E will erect the poles on our bases once poured. .:r The City Attorney has recommended that the City council deny the Valley Artist ' s request to waive the insurance requirement. It is the City Attorney ' s position that the, City would be exposed to unnecessary liability. ITEM NO. �• / COPIES TO: The Valley Artists 44, �� T VALLEY ARTISTS ahh, ,,.., for q P.O. Box 2343 Dublin,California 94568 April 4, 1984 Mr. Lee Thompson and members of the Dublin City, Councils • Dear Sirs: , We , the members of the Valley Artists association, are requesting a permit to hang a banner on the fence belonging to the city. This fence is located along the San Ramon Blvd. at the edge of-a bike ' path and East of the parking area of the Shannon Recreation Center.. Our Art Show will be held at the Senior Drop-in Center on Alcosta Blvd in San Ramon. The Valley Artists were organized in 1969 and met in the old Rec Center on Dublin Blvd , and at various times at Dublin schools We are striving to provide encouragement, support and enthusiasm for the cultural arts through Spring and Fall Art, Shows. Outstanding guest demonstrators are featured at each monthly meeting, giving to the participants a better understanding of different techniques and media. We provide workshops for actual participation in painting.,. , Our purpose is to project fellowship and inspiration- to. all: interested in the Arts. The Valley Artists are a non-profit organization, open to all , but a vital part of the community. We are members of the Dublin Chamber of Commerce. --,,. We also contribute to the Dublin. Historical Socie ty in the past, we have given scholarships to the Art Dept. of Dublin . High School. Our board has voted to give another. scholarship to Dublin High again this year. Our Art- Shows have always been held in Dublin until the. present time Liberty.. house was one of our choice locations for many shows. Another place was. Shannon Recreation Center. RECEIVED -APR 4 1984; DUBLIN PLANNING Second page letter to the Council f i Valley Artists Unfortunately, we were unable to afford the higher prices'° that were charged in recent years. We were forced to have our shows in the Senior Center on Alcosta Blvd. which place was offered to us Free ' As we need a place with good traffic exposure , we selected the location on San Ramon Road. This came to our attention because of the Dublin High banner hung there earlier this year. Not knowing that a permit would be required of us., we have ordered a banner to be made, which is finished and in the process of being lettered now. It is. 24 feet long and 22 inches wide. and made of heavy canvas. It will be fastened with grommets, and heavy wire ,both top and. bottom, every two feet. It is very sturdy and will be wind resistant as well as handsome. • We have no liability insurance and I phoned State Farm Ins. to obtain information for this,using short term insurance. They told us they could not possibly get an answer to us as to whether this is possible , for at least a month. Our organization would probably not be able to afford this kind of insurance for one million dollars. One Million ? However, we know the banner would be as secure as one that could possibly be made. Any inspection of the banner by some authorized person would be.welcomed. We feel that because of the traffic passing by the area we . would encourage attendance to our Show. We would like to hang the banner on April 14th and takes it down on April 29. The Valley Artists hope you will make any exception needed to grant our request for a permit. Sincerely yours Vice Pres. and Show Chairman of Valley Artists Mrs Dorothy B. Harder. " ORDINANCE NO. 17 - 83 AN ORDINANCE OF THE CITY OF DUBLIN PROHIBITING THE POSTING OF SIGNS ON PUBLIC PROPERTY AND REGULATING THE PLACEMENT OF BANNERS ON PUBLIC PROPERTY THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS : • Section 1 . POSTING ON PUBLIC PROPERTY PROPHIBITED No person, except a duly authorized public officer or employee, shall erect, construct or maintain, paste, paint, print, nail, tack or otherwise fasten or affix, any card, banner, handbill, campaign sign, poster, sign, advertisement, or notice of any kind, or cause or suffer the same to be done, on any curbstone, lamppost, pole, bench, hydrant, bridge, wall, . tree, sidewalk or structure in or upon any public street, alley, or upon any other public property, except as may be required or permitted by ordinance or law. Section 2 . PUBLIC SERVICE BANNERS Notwithstanding the provisions of Section 1 hereof, public service banners may be placed within any ,public street, alley or other public property upon issuance of an encroachment permit by the Director of Public Works . In issuing such an encroachment permit, the Director of Public Works shall consider the safety of vehicular and pedestrian traffic, the prevention of damage to public property, the aesthetic conditions of a particular neighborhood and the public heath, safety and welfare. As used herein, "public service banner" shall mean temporary banners of non-profit public welfare organizations and public- service groups which advertise events of community interest. The City may, at its discretion, adopt a policy regulating the installation, maintenance, and removal of public service banners . Section 3 . SUPERSESSION OF COUNTY ORDINANCE . It is the intention of the City Council of the City of Dublin that as of the effective date of this Ordinance, it shall supersede the effectiveness of Section 5-1 . 8 of the County of Alameda County Ordinance - Code as implemented and adopted by Ordinances No. 1 and 13 of the City of Dublin. However, it is not intended that this Ordinance shall supersede any other portion of the Alameda County Ordinance Code, insofar as said provisions are consistent with this Ordinance . • • ORDINANCE PROHIBITING THE POSTING OF SIGNS ON PUBLIC . PROPERTY AND REGULATING THE PLACEMENT OF BANNERS ON PUBLIC PROPERTY Page 2 Section 4 . IMMEDIATE EFFECT The placement of signs and of banners in the public right-of-way can impede the visibility of motorists and pedestrians and thus the public safety. The City Council finds that this Ordinance is therefore necessary for the immediate preservation of the public peace, health and safety, and it shall take effect immediately. Section 5 . VIOLATION OF THIS ORDINANCE Violation of this Ordinance shall be a misdemeanor punishable by either a Five Hundred Dollar ($500 . 00) fine or six ( 6) months in the County jail, or both. Section 6 . 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 12th day of December, 1983 , by the following votes : AYES : Councilmembers Drena, Hegarty, Jeffery, Moffatt and Mayor Snyder • NOES : None ABSENT: None / Mayes' ATTEST: C- 413-4, City Clerk • RESOLUTION NO. 73-83 A RESOLUTION OF THE CITY COUNCIL • OF THE CITY OF DUBLIN • APPROVING A POLICY OF THE CITY OF DUBLIN FOR THE INSTALLATION OF ADVERTIZING BANNERS WITHIN THE PUBLIC RIGHTS-OF-WAY WHEREAS, non-profit organizations do provide services and support for the City of Dublin at large; - and, WHEREAS, these organizations do provide events and fund-raisers which ultimately benefit the residents of the City of Dublin; and, • WHEREAS, it is in the public interest that these events receive inexpensive advertizing . - - NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby adopt a policy regulating the installation of advertizing banners within the public rights-of-way. PASSED, APPROVED AND ADOPTED this 12 th day of • December 1983 AYES : Councilmembers Drena-, Hegarty, Jeffery, - Moffatt and Mayor Snyder NOES : None • ABSENT: None M- or ATTE • Zdtv.1( 440ge Ci Manager • • • POLICY OF CITY OF DUBLIN Installation of Advertizing Banners Within the Public Rights-of-Way INTENT: This policy is to regulate the installation, materials, scheduling, removal, insurance, and other items related to banners placed within the City of Dublin public right-of-way. ,'ELIGIBILITY: Non-profit organizations advertizing activities to be held within the Dublin City Limits may apply for a permit to erect and maintain a banner . APPROVING AGENCY: The City Council shall be the approving body with the City Engineer issuing an Encroachment Permit and inspecting the banner installation. Encroachment permit and inspection fees shall be waived for banner permitting . TIME LIMITS : The application for banner installation shall be submitted not later than one month in advance of the desired installation of the banner, and no sooner than one year in advance of the proposed installation. Any one agency may not erect a banner any more frequently than four times in any one calendar year. No banner, for any event, may be erected for longer than two weeks and no more than one banner erected for any one event. LOCATION: The banner shall be erected and displayed at a location approved by the City Council . It is anticipated that the City will erect poles exclusively for the use of displaying banners . MATERIALS : The banner shall be designed and made by a company whose business it is to design and construct banners .- The design shall be sufficient to handle wind loadings as specified in the latest adopted Uniform Building Code . . INSURANCES The applicant shall carry liability insurance in an amount not less than $1, 000 , 000 and shall hold the City, its agents and employees, harmless from liability arising out of the installation, maintenance, and removal of the banner. OTHER REQUIREMENTS: The City Council and/or the City Engineer may impose additional conditions as necessary to control banner installation, maintenance and removal . The City Council may waive or change any of the guidelines within this policy as conditions may dictate on any installation. References to Alameda C ty or County shall be. de i to be City of Dublin_ GENERAL PROVISIONS THE FOLLOWING GENERAL PROVISIONS ARE APPLICABLE TO ALL ENCROACHMENT PERMITS: 1. ACCEPTANCE OF PROVISIONS: IT IS UNDERSTOOD AND AGREED UPON BY THE PERMITTEE THAT THE PERFORMANCE OF ANY WORK • AUTHORIZED BY THIS PERMIT SHALL CONSTITUTE ACCEPTANCE OF THE TERMS, PROVISIONS AND CONDITIONS OF THE PERMIT. 2. PERMIT SUBJECT TO INSPECTION: THIS PERMIT SHALL BE READILY AVAILABLE FOR INSPECTION AT THE HIGHWAY SITE ANO MUST BE SHOWN TO ANY REPRESENTATIVE OF THE PUBLIC WORKS AGENCY OR ANY LAW ENFORCEMENT OFFICER UPON DEMAND. 3, PROSECUTION OF WORK: ALL WORK AUTHORIZED BY THE PERMIT SHALL BE PERFORMED IN A WORKMANLIKE. DILIGENT AND EXPEDITIOUS MANNER AND MUST BE COMPLETED TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS. 4. LIMIT OF AUTHORIZATION: THIS PERMIT IS LIMITED TO WORK TO BE PERFORMED WITHIN, UPON OR ADJACENT TO COUNTY ROADS AND HIGHWAYS UNDER THE JURISDICTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA. 5. LIABILITY AND DAMAGES: THE PERMITTEE SHALL BE RESPONSIBLE FOR ALL LIABILITY IMPOSED BY LAW FOR PERSONAL INJURYO R PROPERTY DAMAGE WHICH MAY ARISE OUT OF THE WORK PERMITTED AND DONE BY PERMITTEE UNDEA THIS PERMIT. OR WHICH MAY ARISE OUT OF THE FAILURE ON THE PART OF THE PERMITTEE TO PERFORM HIS OBLIGATIONS UNDER SAID PERMIT IN RESPECT TO MAINTENANCE OF THE ENCROACHMENT. THE PERMITTEE SHALL PROTECT AND INDEMNIFY THE COUNTY OF ALAMEDA. ITS OFFICERS AND EMPLOYEES, AND SAVE THEM HARMLESS IN EVERY WAY FROM ALL ACTION AT LAW FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY THAT MAY ARISE OUT OF OR BE OCCASIONED IN ANY WAY BECAUSE OF HIS OPERATIONS AS PROVIDED IN THIS PERMIT. 6. APPLICABLE LAWS: EXCEPT AS SPECIFICALLY PROVIDED HEREIN. THE REQUIREMENTS OF THE VEHICLE CODE AND ANY OTHER APPLICABLE LAWS MUST BE COMPLIED WITH IN ALL PARTICULARS. • - CONSTRUCTION GENERAL PROVISIONS • THE FOLLOWING CONSTRUCTION GENERAL PROVISIONS ARE APPLICABLE TO ALL PERMITS INVOLVING CONSTRUCTION, INSTALLATION OR REMOVAL OF ENCROACHMENTS: 1. PROTECTION OF PUBLIC: THE PERMITTEE SHALL BE FULLY RESPONSIBLE FOR TAKING PROPER PRECAUTIONS FOR THE PREVENTION OF ACCIDENTS TO PERSONS AND/OR DAMAGE TO PUBLIC OR PRIVATE PROPERTY AT THE SITE OF THE WORK. THE PERMITTEE SHALL _ PROVIDE WATCHMEN AND FLAGMEN AND SHALL PROVIDE AND MAINTAIN SUCH FENCES, BARRIERS,SIGNS,GUARDRAILS, RED LIGHTS ANO OTHER SAFETY DEVICES ADJACENT TO AND ON THE SITE AT OR NEAR ALL BARRIERS AS MAY BE NECESSARY TO CONTROL TRAFFIC AND PREVENT ACCIDENTS TO THE PUBLIC. HE SHALL FURNISH. PLACE AND MAINTAIN SUCH LIGHTS AS MAY BE NECESSARY FOR ILLUMINATING THE SAID SIGNS AND FENCES. SIGNS. FLAGS. LIGHTS AND OTHER WARNING AND SAFETY DEVICES SHALL CONFORM TO _ THE REQUIREMENTS SET FORTH IN THE CURRENT MANUAL OF WARNING SIGNS. LIGHTS AND DEVICES FOR USE IN PERFORM.NCE OF WORK UPON HIGHWAYS. ISSUED BY THE CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION. _ 2. INTERFERENCE WITH TRAFFIC: THE PERMITTEE SHALL SCHEDULE AND PURSUE HIS OPERATIONS IN SUCH A MANNER THAT UNDESIRABLE CONSTRUCTION CONDITIONS WILL BE MINIMIZED. 3. DESTROYED OR DISPLACED SURVEY MONUMENTS: ALAMEDA COUNTY SURVEY MONUMENTS DESTROYED OR DISPLACED DURING THE PROGRESS OF THE WORK SHALL BE REPLACED BY THE PERMITTEE AT NO EXPENSE TO THE COUNTY OF ALAMEDA. THE MONUMENT PIN WILL BE SET BY THE COUNTY OF ALAMEDA. 4. DISPOSAL OF MATERIALS: MATERIAL EXCAVATED OR REMOVED FROM WITHIN THE COUNTY ROAD RIGHT OF WAY UNDER THIS PERMIT SHALL BE REMOVED AND DISPOSED OF IN ANY LEGAL MANNER. THE RIGHT OF WAY SHALL BE LEFT CLEAN AND ORDERLY TO THE • SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS. 5. MAINTENANCE: THE PERMITTEE AGREES TO EXERCISE REASONABLE CARE IN PROPERLY MAINTAINING ANY AUTHORIZED ENCROACH- MENT PLACED IN THE COUNTY RIGHT OF WAY AND TO EXERCISE REASONABLE CARE IN INSPECTING FOR AND IMMEDIATELY REPAIRING AND MAKING GOOD ANY INJURY TO ANY PORTION OF THE COUNTY_RIGHT OF WAY WHICH OCCURS AS A RESULT OF THE MAINTENANCE OF THE ENCROACHMENT IN THE HIGHWAY OR AS A RESULT OF THE WORK DONE UNDER THIS PERMIT, INCLUDING ANY AND ALL INJURY TO THE ROADWAY WHICH WOULD NOT HAVE OCCURRED HAD SUCH WORK NOT BEEN DONE OR SUCH ENCROACHMENT NOT PLACED THEREIN. A SEPARATE ENCROACHMENT PERMIT WILL BE REQUIRED FOR MAINTENANCE OF THESE FACILITIES. TRANSPORTATION GENERAL PROVISIONS - THE FOLLOWING TRANSPORTATION GENERAL PROVISIONS ARE APPLICABLE TO ALL TRANSPORTATION PERMITS: 1. PROTECTION OF PUBLIC: THE PERMITTEE SHALL FURNISH ALL SIGNS, LIGHTS,WARNING BARRICADES, PILOT VEHICLES. FLAGMEN OR OTHER SAFEGUARDS NECESSARY TO PROTECT TRAVEL BY THE GENERAL PUBLIC DURING THE TIME VEHICLE AND LOAD ARE ON THE RIGHT OF WAY OF ANY PUBLIC ROAD. ra,1., 2. SAFETY OF OTHER TRAFFIC: THE PERMITTEE SHALL AT ALL TIMES GIVE STRICT PRIORITY TO SAFETY AND THE RIGHTS OF THE TRAVELING PUBLIC. - • 3. YIELD RIGHT OF WAY: WHEN BEING PASSED BY VEHICLES TRAVELING IN EITHER DIRECTION,NO PORTION OF EQUIPMENT OR TRAILERS SHALL EXTEND BEYOND THE CENTERLINE OF PAVEMENT OR TRAVELED WAY, EXCEPT AS PROVIDED HEREIN. 4. PROTECTION ON BRIDGES OR NARROW ROADS: WHEN CROSSING BRIDGES OR TRAVELING ON ROADS SO NARROW THAT IT IS IMPOSSIBLE TO REMAIN TO THE RIGHT OF THE CENTERLINE, ONE MAN SHALL BE.POSTED AHEAD OF THE EQUIPMENT AND ONE MAN BEHINO THE EQUIPMENT TO WARN AND DIRECT APPROACHING TRAFFIC. 5. NIGHT MOVING: IF ANY MOVING IS DONE AT NIGHT, NECESSARY WARNING LIGHTS MUST BE DISPLAYED AND FLAGMEN AND PILOT CARS EMPLOYED IN SUCH A MANNER AS TO THOROUGHLY PROTECT TRAFFIC IN BOTH DIRECTIONS. 6. PARKING ON HIGHWAY: NO PARKING WILL BE ALLOWED WITHIN THE TRAVELED WAY. THE EQUIPMENT MUST BE MOVED OFF OF THE TRAVELLED WAY SO AS NOT TO INTERFERE WITH ANY PASSING TRAFFIC. WARNING LIGHTS MUST BE DISPLAYED SO AS TO FULLY PROTECT THE TRAFFIC. 7. RESPONSIBILITY FOR BRIDGES: THIS PERMIT DOES NOT AUTHORIZE CROSSING ANY POSTED BRIDGES WITH GROSS LOADS EXCEEDING POSTED LIMITS UNLESS SPECIFICALLY MENTIONED OF THE FACE OF THIS PERMIT. PERMITTEE SHALL COMPLY WITH ALL RULES POSTED ON ANY BRIDGES OVER WHICH HE SHALL PASS AND SHALL ASSUME ALL RISKS AND REPAIR RESPONSIBILITIES RELATIVE THERETO. WHEN A POWER SHOVEL OR SIMILAR EQUIPMENT IS MOVED UNDER ITS OWN POWER ACROSS BRIDGES HAVING ASPHALT TYPE SURFACE, RUNNING PLANKS OR HEAVY BELTING OF SUFFICIENT WIDTH MUST BE USED UNDER THE TRACKS TO PROTECT THE SURFACING. 8. OVERHEAD CLEARANCE: PERMITTEE MUST CAREFULLY CHECK ALL UNDERPASSES, BRIDGES, OTHER STRUCTURES AND OVERHEAD WIRES FOR IMPAIRED OVERHEAD CLEARANCE BEFORE PROCEEDING, ANO MUST BYPASS OR ARRANGE FOR CLEARANCE OF ALL STRUCTURES WITH INSUFFICIENT VERTICAL CLEARANCE. PERMITTEE WILL BE HELD RESPONSIBLE FOR ALL LIABILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE FOR FAILURE TO COMPLY WITH THIS REQUIREMENT. , 9. REPAIR OF DAMAGE: IN ACCEPTING THIS PERMIT, THE PERMITTEE AGREES TO REPAIR AT HIS OWN EXPENSE AND TO THE SATIS- FACTION OF THE DIRECTOR OF PUBLIC WORKS OR HIS AUTHORIZED REPRESENTATIVE, ANY DAMAGE TO COUNTY HIGHWAYS OR STRUCTURES CAUSED BY THE PERMITTEE IN THE EXECUTION OF THIS PERMIT. REPAIR MAY BE DONE BY COUNTY FORCES AT THE OPTION OF THE DIRECTOR OF PUBLIC WORKS AT PERMITTEE'S EXPENSE.