HomeMy WebLinkAboutSign Code to Allow Telephone Booths to Contain Advertising P AUtkrized to Publish Advertisements of all kinds including public / ^
notices by Decree of the Superior Court of Orange County, I
California. Number A-6214, dated 29 September. 1961. and — - -
A-24831. dated 11 June, 1963. PUBLIC NOTICE i
NOTICE OF
STATE OF CALIFORNIA CODEPUBLIC HEARING
AMENDMENT
NO.87-16
auaK Hoiu wow+nwq cov�rW ADVERTISING
County of Orange 8+
;
by ON$ 8nw41at is sm in 7 point PANELS ON
BOOTHS
.et^ to au cdurnn Width TELEPHONE
IS HE R E B
GIVEN that the Huntington
Beach City Council will hold
a public hearing in the Coun?
I am a Citizen of the United States and a resident of 1 cil Chamber at the Hunt-, ^
ington Beach Civic Center, lro
the County aforesaid: I am over the age of eighteen 2000 Main Street, Hunt-
ington Beach,California,on
years, and not a party to or interested in the below the date
eand at the
e time
and,
entitled matter. I am a principal clerk of the Orange consider the statements of t
all persons who wish to be
Coast DAILY PILOT, with which is Combined the heard relative to the appli-,cation described below.
NEWS-PRESS, a newspaper of general circulation, DATE/TIME: Monday, i
March 7, 1988,7:00 PM
printed and published in the City of Costa Mesa, APPLICATION NUMBER:,
Code Amendment No.87-16
County of _Orange. State of California, and that a APPLICANT:City of Hunt-
iington Beach
Notice Of LOCATION:City wide .
Public HParinn ,
REQUEST:Amend Article
961 of the Huntington Beach
'Ordinance Code,Sign Code
Ito allow additional public
service facilities (telephone
booths) on public property
of which copy attached hereto is a true and complete and/or-within public right of
way to contain advertising
.Copy, was printed and published in the Costa Mesa, panels; Also to amend
Chapter 12.36 of the Munici-
Newport Beach, Huntington Beach, Fountain Valley, pal Code to establish to-
cational criteria and other
Irvine, the South Coast communities and Laguna restrictions for such facili-
ties.
Beach issues Of said newspaper for One E N V I R O N M E N T A L
STATUS:This action is cat-
consecutive weeks to wit the issue(s) of egorically exempt from the
provisions of the California
Environmental Quality Act.
ON FILE: A copy of thel
proposed request is on file in Il
the Department of Develop-,
F e.b 25 198 $ 4 ment Services, 2000 Main
Street, Huntington Beach,
California 92648,for inspec-I
tion by the public.A copy of,
the staff report will be avail
198 1 able to interested parties ati
+City Hall or the Main City(
Library (7111 Talbert
198 Av-
enue).
ALL INTERESTED PER-
SONS are invited to attendl
said hearing and express
opinions or submit evidence
198 for or against the application
as outlined above. It there
f
are any further questions
please call Jeff Abramowitz,I I
198 Assistant Planner at,
536-5271.
Alicia M.Wentworth,City,
Clerk, City of Huntington, I
Beach
I declare, under penalty of perjury, that the ! Dated 2/22/88 I
Published Orange Coast; J
foregoing is true and correct. Dally Pilot February 25,1988
Th481I
Executed on Feb. 25 , 198 s-
at Costa Mesa, California.
i
Signature
2' le6
i
y
I
PROOF OF PUBLICATION �
REQUES i FOR CITY COUNCIL ACTION
APPROVED BY CITY COUNCIL
Date
Submitted to: Honorable Mayor and City Council
Submitted by: Paul Cook, City Administrator CITY CltiK
Prepared by: Douglas N. La Belle, Director, Community Developmen
&l�ffAi
Subject: CODE AMENDMENT NO. 87-16, TO ALLOW PUBLIC TELEPHONE
ENCLOSURES WITH ADVERTISING PANELS IN THE PUBLIC
RIGHT-OF-WAY, AND AMEND MUNICIPAL CODE TO PROVIDE
LOCATIONAL CRITERIA AND OTHER RESTRICTIONS
Consistent with Council Policy? [ 1.Yes NJ New Policy or Exception 090
a 13 Y
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: -,
ORP*603S
STATEMENT OF ISSUE•
Code Amendment No. 87-16 is a request by the Department of Public
Works and Fire Department to amend the sign code to allow phone
enclosures installed within the public right-of-way to contain
advertising panels, similar to the existing bus shelter program.
The Planning Commission approved the request, but also recommends
that the Council amend Chapter 12.36 of the Municipal Code in order
to regulate the locations, the amount and type of advertising
permitted and the review and approval process . Attached to this
report are two ordinances; one to amend Section 9610 .4(o) of the
Sign Code, and one to amend Chapter 12 .36 of the Municipal Code on
. Bus Benches, Telephone Booths, and Other Public Service Items .
RECOMMENDATION•
Planning Commission action on January 20, 1988 :
ON MOTION BY LIVENGOOD AND SECOND BY PIERCE, THE PLANNING COMMISSION
VOTED TO APPROVE CODE AMENDMENT NO. 87-16 AND RECOMMEND ADOPTION BY
THE CITY COUNCIL SUBJECT TO THE FOLLOWING FINDINGS, BY THE FOLLOWING
VOTE:
AYES: Livengood, Pierce, Silva, Leipzig
NOES: None
ABSENT: Schumacher, Higgins
ABSTAIN: None
FINDINGS FOR APPROVAL:
1. Revisions to the language of S. 9610 .4(o) will eliminate
possible misinterpretation of terms .
P10 5/85
2 . Revisions to S. 9610 .4(o) to allow advertising panels on public
telephones within the public right-of-way will encourage the
installation of public telephone booths with no cost to the
City and will help reduce possible time delays for reporting
necessary emergencies.
3 . Revisions to S. 9610 .4(o) will create a new source of revenue
for the City.
4 . The revisions will be beneficial to the general health,
welfare, safety and convenience of persons residing, working,
or visiting the City.
5 . The revisions will not create a use detrimental to property
values or improvements in the City because adequate review of
each proposed location by the Planning Commission is assured
and specific locational criteria will be adopted as part of
Chapter 12 .36 of the Municipal Code.
6 . The revision to allow advertising on telephone booths in the
public right-of-way will be consistent with the General Plan,
particularly the Coastal, Circulation, and Community Facilities
Elements . By establishing locational criteria and by
prohibiting advertising panels within the Downtown Specific
Plan area (Coastal Zone) , and within the adopted landscape
corridors, the Municipal Code provisions are consistent with
the Coastal Element, which does not allow signs displaying
information unrelated to an activity or service available
on-site.
Staff ' s recommendation is identical to that of the Planning
Commission.
ANALYSIS•
Over the past several years, the Public Works and Fire Departments
have been developing a public service program to install telephone
booths in the public right-of-way for the purpose 'of public safety,
convenient access, and providing phones which are designed to reach
the emergency 911 number free of charge. General Telephone Company
of California has proposed a contract for the installation of an
initial fifty telephones with the City to receive a percentage of
coin collections and advertising revenue. It should be made clear,
however, that action on this code amendment simply provides the
enabling legislation for such activities to take place and does not
include any decision on awarding a contract.
The Planning Commission had a number of concerns about allowing
telephone enclosures with advertising and directed staff to
incorporate specific limitations in the code. Since the Municipal
Code is the appropriate place to include regulations for items in
the public right-of-way, staff has prepared a draft ordinance to
amend Chapter 12.36 .
RCA - 3/7/88 -2- (0056d)
The following is a brief description of proposed changes :
SIGN CODE
t
Section 9610 .4 , Prohibited Signs .
1. This section listing signs prohibited within the City states
that all signs on public property are prohibited except as
specified. The amendment adds telephone booths to the current
list of items which can have advertising panels placed upon
them, including trash receptacles, bicycle racks, bus benches,
and transit shelters .
MUNICIPAL CODE
Chapter 12 . 36, Benches, Telephone Booths, and Other Public Service
Items .
2 . Section 12 .36 . 020 has been amended to add telephone booths and
to clarify the required franchise agreement.
3 . Section 12 .36 . 030 is a new section placing limitations on
advertising copy and placement for all advertising in the
public right-of-way. It specifies that advertising be limited
to product or service identification and to businesses which
are not located on adjacent properties . This regulation is
meant to ensure that signs in the public right-of-way do not
circumvent the City' s Sign Code by allowing additional business
identification immediately adjacent to the site. This
situation is starting to occur with the bus shelter program.
Other provisions include: no advertising for cigarettes or
alcoholic beverages, maximum copy size, and no private
advertising at all allowed within the Coastal. Zone, Downtown
Specific Plan, or on streets designated as landscape corridors .
4 . Section 12 . 36 . 040 is a new section covering the locational
criteria for telephone booth placement in the public
right-of-way. It specifies that a master plan of locations
must be approved by the Planning Commission. Approval for
specific placement 'on the sidewalk would be the responsibility
of the Public Works Department to ensure safety and access .
The minimum distance between telephone booths with advertising
panels would be five hundred (500) feet, except at four corner
intersections where a total of two booths could be placed
facing different directions.
ENVIRONMENTAL STATUS:
The proposed code amendment is categorically exempt from the
provisions of the California Environmental Quality Act.
RCA - 3/7/88 -3- (0056d)
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTION:
Modify ordinances as desired.
ATTACHMENTS:
1. Ordinance amending Article 961 ('Sign Code)
2 . Ordinance amending Chapter 12 .36 of the Municipal Code
3 . Staff reports dated January 20, 1988, January 5, 1988, and
December 15, 1987, including:
Proposed franchise agreement contract with GTE
Memo from City Engineer, previous RCA and draft ordinance
prepared by Public Works Department
Recommended change to Municipal Code
GTE brochure/plans
DNL:MA:JA:kla
RCA - 3/7/88 -4- (0056d)
' huntington beach department of community development
SYAFF
REDORT
TO: Planning Commission
FROM: Community Development '
DATE: January. 20, 1988
SUBJECT: CODE AMENDMENT N0: 87-16 - TELEPHONE BOOTH SIGNS IN
PUBLIC RIGHTS-OF-WAY (CONTINUED FROM JANUARY 5, .1988,,
AND DECEMBER 15, 1987 PLANNING COMMISSION MEETINGS)
APPLICANT: City of Huntington Beach
Public Works and Fire Departments
REQUEST: To amend Article 961, the Sign Code, to allow public
telephone enclosures with advertising panels on public
property within the City.
LOCATION: City-wide
1. 0 SUGGESTED ACTION:
Approve Code Amendment No. 87-16 and recommend adoption by the City
Council; and recommend that the City Council amend Chapter 12 .36 of
. the Municipal Code, as attached.
2 . 0 GENERAL INFORMATION:
This item was continued from the meeting of January 5, 1988 . - Code
Amendment No. 87-16 is a request by the Public Works Department to
amend the Sign Code in order to bring its language in to conformance
with the Municipal Code. The Fire Department has requested- that a
provision be added allowing advertising panels on telephone
enclosures within the public right-of-way. At the last meeting, the
Planning Commission had several concerns about the proposal . and
requested that the specific locational requirements and approval
process appear in the code. In addition, the Commission wanted to
retain authority over the location of all such structures .
3 . 0 ENVIRONMENTAL STATUS:
The proposed project is categorically exempt from the provisions of
the California Environmental Quality Act.
4 . 0 ISSUES AND ANALYSIS:
The current. language in the Sign Code allows advertising on specific
items located on public property if a franchise is granted pursuant
to the City Charter. It is recommended that both the Ordinance Code
C
A-F M-23C
and- the Municipal Code be revised to state that such items can be
placed in accordance with a franchise or agreement granted by the
City Council .
Since the last meeting, staff has met with GTE officials and further
refined the code language proposed to be added to Chapter 12.36 of
the Municipal Code. Attached are the draft ordinances to amend the
Ordinance Code (Sign Code) and the Municipal Code (Public Service
Item Agreements) .
As can be seen, the regulations contained in Section 12 . 36 . 030 of
the Municipal Code prohibit advertising altogether within the areas
of the city previously discussed, as well as limit the types of
advertising that can be placed in the public right-of=way. It also
establishes the maximum size of copy panels allowed.
Section 12 .36 . 040 provides the locational criteria for telephone
booths which incorporate advertising and provides for Planning
Commission review and approval for all locations .
5 . 0 RECOMMENDATION:
Staff recommends that the Planning Commission:
a. Approve Code Amendment No. 87-16 with findings and recommend
adoption by the City Council .
b. Recommend that the City Council amend Chapter 12 .36 of the
Municipal Code to regulate placement of public service items
with advertising and establish the review and approval process.
C. Direct staff to process ,an amendment to the Downtown Design
Guidelines to specify policies related to telephone enclosures
and their design and placement.
FINDINGS FOR APPROVAL:
1. Revisions to the language of S. 9610 .4(o) will eliminate
possible misinterpretation of terms .
2 . Revisions to S. 9610 .4(o) to allow advertising panels on public
telephones within the public right-of-way will reduce possible
time delays for reporting necessary emergencies .
3 . Revisions to S. 9610 .4(o) will create a new source of revenue
for the City.
4 . The revisions will be beneficial to the general health,
welfare, safety and convenience of persons residing, working,
or visiting the City.
Staff Report = 1/20/88 -2- (9749d)
5 . The revisions will not create a 'use detrimental to property
values or improvements in the City because adequate review of
each proposed location by the Planning Commission is assured
and 'specific locational criteria will be adopted as part of
Chapter 12.36 of the Municipal Code.
6. The revision to allow advertising on telephone booths in the
public right-of-way will be consistent with the General Plan,
particularly the Coastal, Circulation, and Community Facilities
Elements . By establishing locational criteria and by
prohibiting advertising panels within the Downtown Specific
Plan area (Coastal Zone) , and within the adopted landscape
corridors, the Municipal Code provisions are consistent with
the Coastal Element, which does not allow signs displaying
information unrelated to an activity or service available
on-site.
6 . 0 ALTERNATIVE ACTION:
Direct staff to revise the draft ordinance to limit advertising to .
public information items (i .e. museum, theater, educational
instruction) .
ATTACHMENTS:
1. Draft ordinance for Article 961 (Sign Code)
2 . Draft ordinance for Chapter 12 .36 of the Municipal Code
3 . Staff reports dated January 5, 1988, and December 15, 1987,
including:
Proposed franchise agreement contract with GTE
Memo from City Engineer, previous RCA and draft ordinance
prepared by Public Works -Department
Recommended change to Municipal Code
GTE brochure/plans
SH:JA: kla
J
Staff Report - 1/20/88 -3- (9749d)
Y
DRAFT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING
ARTICLE 961, SECTION 9610 .4(0) RELATING TO SIGNS WITHIN
PUBLIC. RIGHTS-OF-WAY
The City _Council of the City of Huntington Beach does ordain
as follows :
SECTION 1. . The Huntington Beach Ordinance Code, Article
961, Section 9610 .4 (o) , is hereby amended to read as follows :
(o) Signs on any public property or projecting within the
public right-of-way, except .political signs and those required by
law. This section shall not prohibit the placement of advertising
panels on public service items including but not limited to trash
receptacles, z(rid. bicycle racks, tM 16i4MZ19ZY dgigtAkdd I6ddjfHd,t acrid
gAtKt df do bus benches, AAd transit shelters, Of and telephone
booths, within public rights-of-way or in publicly-operated
beaches or parks provided such faltIZIE109 items are placed in
accordance with an agreement granted by the City Council or a
franchise pursuant to the City Charter. Any such advertising shall
be subject to the locational criteria contained in Chapter 12.36 of
the Municipal Code and approval by the Planning Commission.
SECTION 2 . This ordinance shall take effect in thirty (30)
days after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the day
of 1988 .
Mayor
ATTE T: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED:
pA �^tjc N�
RECOMMENDED MUNICIPAL CODE CHANGE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 12 .36
. BENCHES.
The City Council of the City of Huntington .Beach does ordain
as follows:
SECTION 1. The Huntington Beach Municipal Code, Chapter
12 .36, is hereby amended to read as follows :
Chapter 12 .36
BENCHES, TELEPHONE BOOTHS, AND OTHER PUBLIC SERVICE ITEMS
Sections ,
12 .36 . 010 Definitions
12 . 36 . 020 Franchise/Agreement
12.36.030 Limitations on Advertising in Public Rights-Of-
Way
12.36.040 Locational Criteria--Telephone Booths
12 .36 , 010 Definitions . In this chapter, unless from the
context a different. meaning is intended, or unless a different
meaning is specifically defined, and more particularly directed to
the use of such words :
(a) "Bench" means a seat located upon public property, along
any public way, for the accommodation of passersby or persons
awaiting transportation.
(b) "Street" means any public thoroughfare or way including
the sidewalk, the parkway and any other public property bordering
upon a public way. (Ord. 581, 2 April 52)
12 . 36 . 020 Franchise/Agreement. No person shall install or
maintain any bench, dt transit shelter,. telephone booth or other
public service item which incorporates advertising panels on any
street unless gideK 160yfeX09.' df EtAidglY 9X6Xtj6t9 Atig installed in
accordance with a franchise dt X166idge agreement granted by the
City Council. The provisions of this section shall not be
construed to prohibit the installation and maintenance of benches,
Ot transit shelters, dt telephone booths or other public service
items without advertising panels on any street, provided that a
permit for each 160iditH, ktAritit AHOXti6t Of item has been obtained
pursuant to Section 12 . 12 . 020 of the Municipal Code.
Any bench which is in violation. of the provisions of this
section at the time of adoption of this ordinance shall be removed
within thirty (30) days of the effective date of this ordinance.
12,36,030 Limitations on Advertising in Public
Rights-Of-Way. The following regulations shall limit advertising ..
copy panels which are placed within the- public right-of-way in
accordance with this chapter and Section 12.12.020 of .the Municipal
Code:
(a) Advertising shall be limited to product or service
identification and to businesses which are not located on adjacent
properties. Copy which includes arrows or directions to a location
shall be prohibited.
(b) No advertising for cigarettes or alcoholic beverages
shall be permitted.
(c) The maximum allowable advertising copy shall be two,
twenty-four (24) square foot panels for bus benches/shelters. For
telephone booths or structures, the maximum shall be two, eight (8)
square foot . panels.
(d) In conformance with the City's Coastal Element, public
service items located within the Coastal Zone shall not contain
advertising for private businesses .or services.
(e) In conformance with the City's Downtown Design
Guidelines, public service items located within the Downtown
Specific Plan area shall not contain advertising for private
businesses or services.
(f) Public service items located on streets denoted in the
City' s General Plan as landscape corridors shall not contain
advertising for private businesses or services.
12.36.040 Locational Criteria--Telephone Booths. Prior to
installation of any telephone booth or structure which incorporates
advertising panels, a master plan of locations shall be approved by
the Planning Commission. Minor amendments to an approved master
plan may be subject to approval by the Director of Community
Development. All locations shall conform with the following
criteria:
(a) The City and the vendor shall jointly decide upon the
number and location of structures. If a dispute arises, both the
City and the vendor retain the authority to direct that a location
be deleted.
(b) The minimum distance between telephone structures with
advertising panels shall be five hundred (500) feet except at four
corner intersections, where there may be a total of two such
structures facing different directions.
(c) Telephone structures shall be located to provide for
adequate clearance in the sidewalk area. Specific locations shall
be subject to the approval of the Public Works Department for
safety, access, and circulation issues.
SECTION 2 . This ordinance shall take effect thirty (30) days
after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the day
of 1988 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED:
(9596d)
huntington beach department of community development
STAFF
TO: Planning Commission
FROM: Community Development
DATE: January 5, 1988
SUBJECT: CODE AMENDMENT NO. 87-16 - TELEPHONE BOOTH SIGNS IN
PUBLIC RIGHTS-OF-WAY (CONTINUED FROM DECEMBER 15, 1987
PLANNING COMMISSION MEETING)
APPLICANT: City of Huntington Beach
Public Works and Fire Departments
REQUEST: To amend Article 961, the Sign Code, to allow public
telephone enclosures with advertising panels on public
property within the City.
LOCATION: City-wide
1,_Q__SUGGESTED ACTION:
Approve Code Amendment No. 87-16 and recommend adoption by the City
Council .
2J GENERAL INFORMATION:
This item. was continued from the meeting of December 15, 1987. Code
Amendment No. 87-16 is a request by the Public Works Department to
amend the Sign Code in order to bring its language in to conformance
with the Municipal Code. The Fire Department has requested that a
provision be added allowing advertising panels on telephone
enclosures within the public right-of-way. At the last meeting, the
Planning Commission raised several questions about the proposal and
requested additional information from staff. Specifically,
suggestions were made as to restrictions that could be adopted to
regulate the locations of telephone enclosures, the amount and type
of advertising permitted•, and the review and approval process .
3 . 0 ENVIRONMENTAL STATUS:
The proposed project is categorically exempt from the provisions of
the California Environmental Quality Act.
4 . 0 ISSUES AND ANALYSIS:
The current language in the Sign Code allows advertising on specific
items located on, public property if a franchise is granted pursuant
to the City Charter. It is recommended that both the Ordinance Code
A-F M-23C
and the Municipal Code be revised to state that such items can be
placed in accordance with a franchise or agreement granted by the
City Council . A draft ordinance for the Municipal Code change is
attached for Commission review.
Over the past several years, the Public Works and Fire Departments
have been developing a public service program to install telephone
booths in the public right-of-way for the purpose of public safety,
convenient access , and the provision of phones which are set up to
reach the emergency 911 number free of charge. The City has been
negotiating a contract with General Telephone Company of California
for the installation of fifty public telephones . The proposal would
generate revenue for the City as GTE would be required to pay the
City 10% of advertising revenue and 10% of coin collections .
As discussed in the staff report dated December 15, 1987, and as
further refined by the Planning Commission, the following list
identifies specific concerns about the proposal . Staff has met with
GTE about these issues and, as noted with each item, has reached an
agreement to hopefully satisfy any concerns .
1 . Advertising will be limited to those businesses which are not
located on the adjacent property, or to product or service
identification. No liquor or cigarette ads will be permitted.
2 ., In conformance with the City' s Coastal Element, the Downtown
Design Guidelines do not permit advertising within the public
right -of-way. Bus benches and telephone booths located within
the downtown area should be prohibited from having any
advertising signage. GTE has indicated that the priority
locations along Pacific Coast Highway can be installed without
such signage.
3 . Locational criteria can be established by the City to regulate
structure placement . The proposed contract (attached) details
the procedure whereby the City and GTE will jointly decide
upon the number and location of phone enclosures . Community
Development should be involved in franchise agreement
administration to ensure that no booths are allowed which would
conflict with sign code regulations, the Downtown Design
Guidelines, or possible conditions of approval placed upon
adjacent development . If desired, specific criteria can be
adopted by resolution; however, the proposed contract does
contain language that gives the City authority to delete any
proposed location from the program.
4 . Those telephone booths which are permitted to contain
advertising panels will be limited in sign area . Plans have
been submitted depicting a typical phone enclosure. Each booth
contains two, 8 square foot panels .
Staff Report - 1/5/88 -2- (9749d)
' r
t
5 . As redevelopment gets underway and the contemporary
mediterranean design theme is established, GTE is willing to
work with the City to modify the phone enclosure design used in
the downtown area . Any phone enclosures already installed will
be modified by GTE at their expense.
Attached are the draft ordinances to amend the Ordinance Code (Sign
Code) and the Municipal Code (Public Service Item Franchises) . '
5 . 0 RECOMMENDATION:
Staff recommends that the Planning Commission:
1 . Approve Code Amendment No. 87-16 with findings and recommend
adoption by the City Council .
2 . Recommend that the City Council amend the Municipal Code to
regulate placement of public service items with advertising and
establish the review and approval process .
3 . Direct staff to process an amendment to the Downtown Design
Guidelines to specify policies related to telephone enclosures
and their design and placement .
F NDINaS_ FOR APPROVAL:
1 . Revisions to the language of S. 9610 .4(o) will eliminate
possible misinterpretation of terms .
2 . Revisions to S. 9610 .4 (o) to allow advertising panels on public
telephones within the public right-of-way will reduce possible
time delays for reporting necessary emergencies .
3 . Revisions to S. 9610 .4(o) will create a new source of revenue
for the City.
4 . The revisions will be beneficial to the general health,
welfare, safety and convenience of persons residing, working,
or visiting the City.
5 . The revisions will not create a use that is detrimental to
property values or improvements in the City since adequate
review of each proposed location by the Departments of
Community Development and Public Works is assured.
6 . The revision to allow advertising on telephone booths in the
public right-of-way will be consistent with the General Plan,
particularly the Seismic-Safety, Circulation, and Community
Facilities Elements . By prohibiting advertising panels within
the Downtown Specific Plan area (Coastal Zone) , the revisions
are consistent with the Coastal Element, which does not allow
signs displaying information unrelated to an activity or
service available on-site.
Staff Report - 1/5/88 -3- (9749d)
6 . 0 ALTERNATIVE ACTION:
Direct staff to revise the draft ordinance to limit advertising to -'
public service items (i .e. museum, theater, educational instruction) .
A.TTACHMME:
1 . Draft ordinance for Article 961 (Sign Code) prepared by
Community- Development Department
2 . Proposed franchise agreement contract with GTE
3 . Staff report dated December 15, 1987, including :
Memo from. City Engineer, previous RCA and draft ordinance
prepared by Public Works Department
4 . Recommended change to Municipal Code
5 . GTE brochure/plans
�A SH:JA:kla
Staff Report - 1/5/88 -4- (9749d)
FRANCHISE AGREEMENT BETWEEN ;
THE CITY OF HUNTINGTON BEACH AND
GENERAL TELEPHONE COMPANY OF CALIFORNIA
FOR A -PUBLIC TELEPHONE PROGRAM
. WITH TELEPHONE ENCLOSURE ADVERTISING '
This Agreement is made and entered into this day of
1987 , by and between the City of Huntington
Beach, a municipal corporation of the State of California
(hereinafter called "City" ) , and General Telephone Company of
California, a California corporation and a public utility of the
State of California (hereinafter called "General" ) , for a public
telephone program for the City which will include advertising
placed on the telephone enclosures (the "Program" ) . `
WHEREAS , the parties mutually desire to enhance public telephone
availability within the City and believe that public telephone
enclosures can be used for display of advertising which will
generate funds to pay for this program as well as provide income
for the parties ,
THEREFORE, the parties agree as follows :
1 . The parties will jointly plan a public telephone program for
the City which will include installation of public telephones
at additional locations and improvement of existing outdoor
` public telephones on public property within the jurisdiction
of the City of Huntington Beach.
2 . General will provide , at its expense , all telephone equipment,
facilities and enclosures , and will perform all installation
work . The telephone enclosures will be designed so as to
display advertising visible from outside, the enclosure , as
described more fully in . Exhibit A. All installation will be
accomplished in accordance with applicable regulatory require-
ments . The City will arrange for connection of electrical
service to the telephone booths so that electrical meters are
not required . General will pay for the electrical connections
to the telephone enclosures , and the City .will pay for the
electrical energy used and supplied to the enclosures after
the telephones are placed in service . '
3 . The Program will entail a minimum of 50 telephone locations
within the City . General and the City will jointly decidg
upon the number and oca ion of enclosures . The decision as
to whether a oca ion will be selected or installation of a
phone and the addition of advertising to existing phones will
be made on consideration of accessibility and safety of the
. user, communications- needs of the location , the projected
revenue to be earned through the advertising and other
factors the parties consider relevant. The parties may add
PKP0909D 1 - Z '�
kll
or delete locations during the term of this agreement. All
additions will be made through a joint decision of the
parties to add a location to the Program. The parties will
use their best e£forts '`to arrive at a joint decision on any
deletions . However , if the es are not able to reach a
mutuall atisfactory decision on remov n a location rom
the o r eac y re ains the authorit to direct 7-Mat
ocation be deleted from this Program when, in its Sol
e there are overri ing et
an agsthctigs )dLigb deman at the tele one enclosure be
removed . The parties recognize there are requiremen s o aw
or regulation applicable to municipal corporations and public
utilities which may necessitate the removal or relocation of
telephones subject to this agreement. All costs associated
with the removal of any telephone enclosure, and the
restoration of the site, will be born by General . The time
frame for removal of a telephone under this provision will be
negotiated individually between the parties..
4 . The City will provide General with the authority to install
the telephone enclosures on public property and will amend
the Huntington Beach Ordinance Code as required to allow the
display of advertising on the telephone enclosures .
5 . General will indemnify and hold harmless City, its officers ,
agents , and employees , against all claims, costs , expenses,
damages , liabilities and judgments resulting by reason of the
erection, maintenance , operation or removal of any of the
telephones or enclosures referred to in this agreement ,
sustained or claimed by any person, firm or corporation,
caused or alleged to have been caused, directly or
indirectly, by any act or omission, negligent or otherwise ,
by General , its agents , and employees, or occasioned' by any
work performed by General , and shall defend any such action
or suit brought against those so indemnified, and shall pay
all costs and expenses of whatsoever nature resulting
therefrom.
6 . General will keep in force during the entire term of this
agreement a policy or policies of liability insurance in a
sum not less than $1 , 000 ,000 , naming the City, its officers ,
agents , and employees as additional insured. Such policy or
policies shall be cancellable only upon .thirty days notice to
the City . General will furnish the City with a $1 , 500
restoration bond. Certificates of insurance will be provided
to the City prior to commencement of work on this Program.
All bonds and insurance certificates must first be approved
by the City Attorney.
7 . General will maintain the telephones and -enclosures at its
sole expense. General is not responsible for cleaning the
street or sidewalks or the area around the telephone
enclosures .
PKP0909D _ 2 _
• 7 7
DRAFI-
8 . �General shall use the enclosures for display of advertising-
materials
within the following limitations: The advertising
willdisplay obscene, cent or vulgar
Advertisinq will not bd'.Permitte or a roholic beverages or
o acco�pro uc s . General wi w t draw any advertising
which the�City, in its sole discretion, determines to be
inappropriate , and such advertising shall be removed within
twenty-four hours of receipt of written notice of any such
determination .
9 . This Agreement is for a term of ten years and may be extended
upon mutual consent of the parties .
10 . General shall compensate the City as follows :
a. General will pay the City ten Rercent (10%) of the
collected a ver sin cL revenues receive-d by the telephone
booth advertising Progr m the rental of space for
advertising on the exterior of the enclosures . Payments
to the City will begin and will be
made on a quarterly basis thereafter.
b. General will pay the City ten percent (10%) of all United
States coins collected at each telephone on a monthly
basis .
C . General will provide the City with quarterly statements
reflecting the revenues received from both advertising
and coins recovered from the telephones . General will
allow a reasonable inspection and audit of applicable
books and records by authorized City officials and firms
authorized by the City to perform such functions . Such
audits or inspections shall be conducted at General ' s
offices in Thousand Oaks , during normal business hours .
11 . This Agreement is. subject to all statutes , ordinances and
regulations , and the agreement does not in itself operate to
change any such enactment . This agreement shall at all times
be subject to such changes and modifications by the Public
Utilities Commission of the State of California or the
Federal Communications Commission as said commissions may
.direct in the exercise of their jurisdiction .
12 . This agreement may be terminated by either party upon twelve
months written notice to the other . Within three months of
the termination , General shall remove its facilities and
restore the sites . This termination provision is separate
from the -individual location removal provisions of paragraph
3 , and matters of individual location removals will be
handled under that paragraph.
13 . This Agreement does not pertain to advertising or signage
placed within the interior of the telephone enclosure .
PKP0909D - 3 -
2 - 3
DRAFT
14 . General shall comply
with all applicable provisions of
Workers' Compensation Iisurane an cprovisionstofADivisions the
4SandeS
of California, the applcable
of the California oevidence and
ofall
Workers'�Compensation thereto.
and
General shall furnish
Employer Liability insurance with limits of at least the
statutory coverage to the City in such form as is acceptable
to the City Attorney.
nstitute legal proceedings
15 . In the event it is necessary to i
ion of this agreement ,
to enforce any covenant or condit
including those for bonds , indemnification- or
infuitsccostse
prevailing party shall be awarded as a portion
of suit a reasonable attorney ' s fee .
IN WITNESS WHEREOF , the parties hereto have caused this agreement
to be executed by and through their authorized officers .
GENERAL TELEPHONE COMPANY
CITY OF HUNTINGTON BEACH
OF CALIFORNIA
By
By
Name
Name
Title
Title
Date
Date
huntington beach department of community development
STAf f
TO: Planning Commission
FROM: Community Development
DATE: December 15, 1987
SUBJECT: CODE AMENDMENT NO. 87-16 - TELEPHONE BOOTH SIGNS IN
PUBLIC 'RIGHTS-OF-WAY
&PPLICANT: City of Huntington Beach
Public' Works Department and Fire Department
LOCATION: City-wide
REQUEST: Amend Sign Code and allow additional public service
facilities (telephone booths) on public property within
public right-of-way to contain advertising panels .
1 , 0 SUGGESTED ACTION:
Approve Code Amendment No. 87-16 and recommend adoption by the City
Council .
_____..GENERAL INFORMATION:
Code Amendment No . 87-16 is a request by the Public Works Department
to amend the Sign Code (advertising on bus benches or shelters) in
an effort to. bring the Sign Code language .into conformance with the
Municipal Code. Fire Department has requested provisions be added
to allow for signage on telephone booths .
J Q ENVIRONMENTAL STATUS:
Categorically exempt from the provisions of the California
Environmental -Quality-Act .
4_ZQ_I S SUES AND ANALYSIS:
The language in the Sign Code allows signage on specific items.
within or, on public property if a franchise is granted pursuant to
the City Charter . The Municipal Code, however, allows such
advertising on public right-of-way structures provided a franchise
orr __jicense has been granted by the City. Since the Municipal Code
refers to licenses, it could be construed that licenses are equated
with business licenses and/or encroachment permits; therefore, it
is recommended that the Municipal Code be also revised to prevent
any misinterpretation. A draft ordinance for the Municipal Code
change is attached for reference.
.� C'
A-F M-23C
During the past few years , the Public Works and Fire Departments
have been developing a public service program to install telephone
booths in the. public right-of-way. By allowing advertising panels
on the telephone booths (see attached brochure) ,' the advertising
would fund placement of additional public telephones and the
improvement of emergency reporting . Presently, the City has reached
agreement for at least 50 public telephones to be installed by the
General Telephone Company. The first priority is along Pacific
Coast Highway. This public service project will generate revenue
for the City based on a percentage of the advertising fee (10%) and
coin box collections (15%) .
Staff has several concerns regarding signage within the public
right-of-way,. These include:
1 . Advertising shall be limited to those businesses not located on
adjacent property or to product or service identification. No
liquor or cigarette ads should be permitted.
2 . Downtown Design Guidelines do not permit advertising on the
sides or inside of bus shelters. This restriction should be
expanded to include bus benches and telephone booths . If the
Planning Commission concurs, the first priority locations would
not contain advertising panels .
3 . Locational criteria should be established by the City to
regulate both structure placement and advertising copy.
Planning should be involved in the franchise/agreement
preparation to prevent possible circumvention of the sign code
regulations or conflict in a condition of approval for the
adjacent development . (Example: Ocean Market was prohibited
the installation of outside telephone booths . )
4 . Telephone booths should be limited to advertising in sign area .
5 . Downtown Design Guidelines require a mediterranean. design
. theme. The design of the telephone booth does not conform to
this criteria .
Attached are two draft ordinances to amend both Ordinance and
Municipal Codes .
6._.._.RECOMMENDATION:
Staff' r.ecommends that the Planning Commission:
1 . Approve Code Amendment No . 87-16 with findings and recommend
adoption by the City Council; and
2 . Recommend that the City Council make appropriate changes to the
Municipal Code to regulate placement and review of the public
service items with advertising.
Staff Report -- 12/15/87 -2- (9596d)
FINDINGS FOR APPROVAL:
1 . Revisions to the language of 5. 9610 .4(o) eliminates possible
misinterpretation of terms .
2 . Revisions to S. 9610 .4(o) to allow advertising panels on public
telephones within the public right-of=way reduces the possible
time delays for necessary emergency reporting.
3 . Revisions to S. 9610 .4 (o) allows a source of revenue to the City.
4 . Revisions are beneficial to the general health, welfare, safety
and convenience of persons residing, working or visiting the
City.
5 . The revisions will not create a use of property that will be
detrimental to the value of property and improvements in the
City due to plan review of each proposed project by the
Departments of Community Development and Public Works .
6 . The revision to allow advertising on telephone booths in the
public right-of-way will be consistent with the General Plan,
particularly the Seismic-Safety, Circulation, Community
Facilities Elements .
� 0 ALTERNATIVE ACTION:
Direct staff to revise the draft ordinance to limit advertising to
public service items (i .e. museum, theater, educational . instruction) .
ATTACHMENT:
.1 . Draft ordinance prepared by Community Development Department
2 . Memo from City Engineer, previous RCA and draft ordinance
prepared by Public Works Department
3 . Recommended change to Municipal Code
4 . GTE brochure
SH: SP_ : kla
l
a
i
Staff Report - 12/15/87 -3- (9596d)
DRAFT A
ORDINANCE NO. --%'
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING
ARTICLE 961, SECTION 9610 .4(o) RELATING TO SIGNS WITHIN
PUBLIC RIGHTS-OF-WAY
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1 . The Huntington Beach Ordinance Code, Article
961 , Section 9610 .4(o) , is hereby amended to read as follows :
(o) Signs on any public property or projecting within the
public right-of-way, except those required by law, and political
signs . This section shall not prohibit the placement of advertising
panels on public service items including but not limited to trash
receptacles, Add bicycle racks ZA 0AbZ19ZY d0dfgf6d bdAgKOt Arid
10AyXg df dM bus benches, Avid transit shelters, or telephone
booths, within. public rights-of-way or in publicly operated
beaches or parks provided such fddtZZE199 items are placed in
accordance with a franchise pursuant to the City Charter or
agreement granted by the City Council. Any public property signage
shall be subject to review and approval by the Director
SECTION 2 . This ordinance shall take effect in thirty (30)
days after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the day
of 1988 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
.REVIEWED AND APPROVED:
4-,f
(9596d) v '
C+-nff Ronnrf - 17/1 ri/R7 -A- (9596d)
AgoCITY OF HUNTINGTON BENCH
INTER-DEPARTMENT COMMUNICATION
MUNTINCTCIN BEACH
7 /
To i)ouq 1.,;� fle l 1 r. , Director From Les Evans
C'orinuni �. . Dovelonment City Engineer
Subject RI;V] TC`il or., nIVIsIm 9 Date October 27 , 1987
m vision 9 is in conflict with the Municipal Code regarding bus
bc!nches and transit shelters with advertising panels . The
Municipal Code allows franchises or licences for facilities
while Division 9 allows franchises only.
We would like to amend Division 9 to be consistent with the
Municipal Code.
Ln addition , the. Fire Department would like to include wording
in Division 9 that would allow advertising on telephone booths .
The advertisinq would fund the placement of more public telephones
which would improve reporting of emergencies .
the proposed Division 9 change is attached.
N 1 :dw
REDEWtop4fEN:
R QUA .;T FOR CITY COOK -AL ACTION
Daft September 15, 1987 _
1 i �i �- pry 1 1
Submitted to: Honorable Mayor and City Council
Submitted by: Paul F. Cook, Interim City Administralaa, NOV
Prepared by: Paul I-_. Cook, Interim City Administrator P.
I,in',inolon I (:
Subject: An Ordinance of the City of Huntington Beach Amending Division 9, Article
�PJ 464*;Section 9610.4(0) of the Huntington Beach Ordinance Code.
Consistent with Council Policy? [>1 Yes [ ] Now Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
T here is presently a conflict between Section 12.36.020 of the Municipal Code and Section
')610.4(0) of the Ordinance Code.
RI-COMMENDATION:
Adopt the Ordinance Amending Division 9, Article 961, Section 9610.4(0) of the
I iunt ington Beach Ordinance Code.
ANA1 -YSIS:
I 'resently the Municipal Code, Chapter 12.36, allow benches and transit shelters with
advertising panels to be placed in the public right-of-way. The person installing benches
or transit shelters with advertising must be granted a franchise or license by the City.
The Code section has been interpreted to allow more than one franchisee or licensee.
Section 96 10.4(0) of the Ordinance Code, however, allows advertising panels on bus
henches and transit shelters, within public right-of-way, only by franchise.
The proposed ordinance would make the Ordinance Code consistent with the Municipal
(-nde and would expand the placement of advertising in the public right-of-way to include
telephone booths.
FISCAL IMPACT:
I he CAty receives a portion of the income from advertising in the public right-of-way.
A I TACHMENTS:
Ordinance of the City Council of the City of Huntington Beach Amendinq Division 9,
Article 961, Section 9610.4(0) of the Huntington Beach Ordinance Code.
M-! ':L_E:dw
i;qq
RECOMMENDED MUNICIPAL CODE CHANGE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 12 . 36
BENCHES.
The City Council of the City of Huntington Beach does ordain.
as follows :
SECTION 1 . The Huntington Beach Municipal Code, Chapter
12 . 36, is hereby amended to read as follows :
Chapter 12 .36
BENCHES) TELEPHONE BOOTHS, AND OTHER PUBLIC SERVICE ITE14S
6e4.ti_Qn
12 . 36 . 010 Definitions .
.e. 12 . 36 . 020 Franchise/Agreement
12 . 36 . 010._ Definitions . In this chapter, unless from the
context a different meaning is intended, or unless a different
meaning is specifically defined, and more particularly directed to
the use of such words :
(a) "Bench" means a seat located upon public property, along
any public way, for the accommodation of passersby or persons .
awaiting transportation.
(b) "Street" means any public thoroughfare or way including
the sidewalk, the parkway and any other public property bordering
upon a public way. (Ord. 581, 2 April 52)
12 . 36 . 020 Franchise/Agreement. No person shall install or
maintain any bench, df transit .she.lter, telephone booth or other
public service item which incorporates advertising panels on any
street unless such )6OAeMMX, Ot XtAA9tt 9MdYM0t9 are installed in
accordance with .a franchise or X166rIM0d agreement granted by the
City Council . The provisions of this section shall not be
construed to prohibit the installation and maintenance of benches,
cif transit shelters , dt telephone booths or other public service
item,,without ' advertising panels. on any street, provided that a
permit for each 160AOM, fCtAkttf MML4ZLdf item has been obtained
pursuant to Section 12 . 12 . 020 of the Municipal Code.
Staff Report --- 12/15/87 -2- \ (9596d)
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NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO. 87-16
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will
hold a public hearing in the Council Chamber at the Huntington Beach
Civic Center, 2000 Main Street, Huntington Beach, California, on the
date and at the time indicated below to receive and consider the
statements of all persons who wish to be heard relative to the
application described below.
DATE/TIME: Monday, March 7, 1987, 7: 00 PM
APPLICATION NUMBER: Code Amendment No. 87-16
APPLICANT: City of Huntington Beach
LOCATION: City wide
REQUEST: Amend Article 961 of the Huntington Beach Ordinance
Code, Sign Code to allow additional public service
facilities (telephone booths) on public property
and/or within public right of way to contain
advertising panels. Also to amend Chapter 12 .36 of
the Municipal Code to establish locational criteria
and other restrictions for such facilities .
ENVIRONMENTAL STATUS: This action is categorically exempt from
the provisions of the California
Environmental Quality Act.
ON FILE: A copy of the proposed request is on file in the
Department of Development Services, 2000 Main Street,
Huntington Beach, California 92648, for inspection by the
public. A copy of the staff report will be available to
interested parties at City Hall or the Main City Library
(7111 Talbert Avenue) .
ALL INTERESTED PERSONS are invited to attend said hearing and
express opinions or submit evidence for or against the application
as outlined above. If there are any further questions please call
Jeff Abramowitz, Assistant Planner at 536-5271.
Mike Adams
Huntington Beach Planning Commission
(0053d-5)
Publish 2, 88
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO. 87-16
ADVERTISING PANELS ON TELEPHONE BOOTHS
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council .will
hold a public hearing in the Council Chamber at the Huntington Beach
Civic Center, 2000 Main Street, Huntington Beach, California, on the
date and at the time indicated below to receive and consider the
statements of all persons who wish to be heard relative to the
application described below.
DATE/TIME: Monday, March 7; 1981, 7:00 PM
APPLICATION NUMBER: Code Amendment No. 87-16
APPLICANT: City of Huntington Beach
LOCATION: City wide
REQUEST: Amend Article 961 of the Huntington Beach Ordinance
Code, Sign Code to allow additional public service
facilities (telephone booths) on public property
and/or within public right of way to contain
advertising panels. Also to amend Chapter 12.36 of
the Municipal Code to establish locational criteria
and other restrictions for such facilities .
ENVIRONMENTAL STATUS: This action is categorically exempt from
the provisions of the California
Environmental Quality Act.
ON FILE: A copy of the proposed request is on file in the
Department of Development Services , 2000 Main Street,
Huntington Beach, California 92648, for inspection by the
public. A copy of the staff report will be available to
interested parties at City Hall or the Main City Library
(7111 Talbert Avenue) .
ALL INTERESTED PERSONS are invited to attend said hearing and
express opinions or submit evidence for or against the application
as outlined above. If there are any further questions please call
Jeff Abramowitz, Assistant Planner at 536-5271 .
Alicia M. Wentworth
City Clerk, City of Huntington Beach
Dated: 2/22/88
,v
NOTICE TO CLERK TO SCHEDIII,E PUBLIC HEARING
ITEM CoVC.iC /4' � � r � !
T0: CITY CLERK'S OFFICE DATE:
FROM:
PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE
DAY OF _ 19&
AP's are attached
AP's will follow
Initiated by:
Planning Commission _
Planning Department
Petition
* Appeal
Other
Adoption of Environmental Status (x) _
YES NO
Refer to Planning Department - Extension #
for additional information.
* If appeal , please transmit exact wording to be required in the legal.
t
Frank Zellner
General Telephone
PO Box 1098
i
Huntington Beach CA 92647 i
K. Johnston-Rodriguez
Jody Feerst
General Telephone CO.
3500 Willow Ln. RC 1264
Thousand Oaks CA 91361-4921
i