Exhibit CC 08-07-12 #23 Political Signs Ordinance 6C. g (R( z- .23
Karen B. Guerin
From: Susan Sievert[spsievert @gmail.com]
Sent: Saturday, August 04, 2012 2:10 PM
To: City Council; City Clerk
Subject: Item 23. Political signs
August 7, 2012, Item 23: Political signs
Dear City Council,
I don't know if the most common complaint has ever been addressed: Campaigns need to show some
restraint when placing multiple signs. Example, does the home with 50-ft of frontage really need two
signs? And when several candidates each place multiple signs at the corner gas station, the game of
one-upmanship creates both visual blight and animosity. Enforcement threshold: Is the candidate's 2nd
sign within the line-of-sight of his/her first sign?
Thank you.
Susan Sievert
1
•
8/7/2012
MCA-2012-01
MUNICIPAL CODE AMENDMENTS TO SIGN ORDINANCE
Municipal Code Amendments to Chapter 19.104(Sign
Ordinance)regarding the placement of temporary
political signs
Ordinance Amendments related to:
• Placement of Political Signs
• Enforcement process(storage,notification,
disposal,fees)
• Enhance readability and minimize repetition
Background
• Initiated due to complaints from residents
• Survey conducted of 15 neighboring cities
• Staff recommendation presented to Planning
Commission on July 10,2012
Survey Results
15 NEIGHBORING CITIES
• Placement:All cities disallow any temporary signs
within public ROW and/or on public property
✓Only the City of Mountain View allows political signs
to be placed on pre-approved public areas without
adjacent owner/resident consent
• Reclamation process for removed signs:Varies
• Disposal of removed signs:Most cities remove and
dispose of illegal political signs
• Enforcement&Fees:Some cities issue citations and
require a fee for each violation. Some cities do not
charge fees
1
8/7/2012
Placement of Political Signs
Current Regulation:
• Allows political signs in public right-of-way(ROW)in
residential and institutional zones
• Encourages but does not require adjacent property
owner/resident consent
Result:
• Allows political signs to be placed in the public ROW
without adjacent owner/resident consent
• 1Makes it appear that the adjacent property
owner/resident supports candidate/issue
Staff Recommendation
PLACEMENT OF POLITICAL SIGNS
Amend Ordinance to disallow political signs in any
public ROW
•Rationale: V.Property owner/resident
✓Prevent signs from being adjacent to park strip gets
placed in other parts of ROW sole authority regarding
✓Confuse persons wanting to decision to express support
display other signs that use of ✓The park strip is intended
park strip is acceptable to serve the general public
✓Prevent frustration from ✓Prevent false appearance or
residents that did not confusion that the City is
authorize display of signs favoring any one candidate
✓Disposal of unauthorized and/or issue
political signs burdensome ✓Clarity for enforcement
Planning Commission
PLACEMENT OF POLITICAL SIGNS
Amend Ordinance to allow Political Signs in the park
strip in the public ROW in residential&institutional
zones provided:
• Adjacent property owner/resident provides consent
• Adjacent property owner/resident has ability to
remove and discard unpermitted signs
Rationale:
✓ This would reduce the enforcement burden for City
2
8/7/2012
Planning Commission
PLACEMENT OF POLITICAL SIGNS(CONTD.)
Minor Correction:
• Revise third bullet point in Section 19.104.250
(C)under review criteria to read:
o Within the public right-of-way—only allowed in a
park strip odjaccnt•o a sidewalk with
authorization from the immediately adjacent
property owner and/or resident
Sign Removal & Disposal Fees
Current Regulations:
• De minimus signs(includes most political signs)are
disposed of without notice
• Other removed signs are stored at City Corporation Yard
for 20 days.Notice provided to reclaim sign.
• Responsible party pays Sign Removal fee when sign is
reclaimed
Result
• Paying fee to retrieve signs does not encourage people to
retrieve signs
Staff Recommendation
SIGN REMOVAL&DISPOSAL FEES
• Amend Ordinance to clarify that:
• Sign removal fee is assessed when sign is removed by
City staff not upon reclamation of sign
• A new sign disposal fee is assessed if temporary sign
is not reclaimed.
• Adopt resolution to amend fee schedule
• Fee proposed to be$59
Rationale:
✓Place fiscal responsibility upon responsible parties to
encourage them not to place signs illegally
✓Recover cost to City for removal and disposal of signs
3
8/7/2012
Planning Commission
SIGN REMOVAL&DISPOSAL FEES
Do not amend Ordinance to:
• Implement sign disposal fee proposed
• Make amendments to the current reclamation process
Rationale:
✓Most political candidates behave responsibly about
their signs
✓Would not have any problem in paying sign removal
fees to reclaim illegally placed signs
Sign Reclamation and Disposal
Process
Current Regulations:
• City may remove illegal signs in public ROW
• Signs of de minimus value may be removed and disposed
of without notice
• Owners of other removed signs are provided notice to
reclaim within 20 days.
• Unclaimed removed signs considered abandoned and
may be disposed of
Result:
"The City's cost for sign disposal not recovered
Staff Recommendation
SIGN RECLAMATION AND DISPOSAL PROCESS
Amend Ordinance to:
• Provide(3)three days for reclamation of signs of de
minimus value removed by the City
• Consider unclaimed signs of de minimus value
abandoned and dispose of them and charge sign
disposal fee
Rationale:
✓Allow sign owner opportunity to reclaim sign
✓Recover cost to dispose of illegal sign
4
8/7/2012
Planning Commission
SIGN RECLAMATION AND DISPOSAL PROCESS
• Amend Ordinance to:
• Allow adjacent property owner/resident
authority to remove sign in park strip if no
consent obtained
• Do not make Ordinance amendment related to:
• Allowing 3 days to reclaim a sign of de minimus
value
Rationale:
✓Sign disposal fee is not being recommended,
therefore,change to the process is not needed
Readability and Repetition
Planning Commission did not comment on the other
minor changes proposed to Chapter 19.104
Staff recommends:
• An Ordinance amendment to allow minor text
revisions to enhance readability and to minimize
repetition
Environmental Review
and Next Steps
• Environmental Determination:
✓Proposed amendments are exempt from CEQA
since they do not have a potential of causing any
significant environmental impacts
• August 7,2012-Council adopts:
• Ordinance amendments and
• If Council so chooses,Resolution to revise fee schedule
• August 21,2012-Conduct second reading
• September 20,2012-Ordinance goes into effect
• October 6,2012(if Council so chooses)-Revised fee
schedule goes in to effect 60 days after adoption
5
8/7/2012
Recommendation
Planning Commission recommends that City Council:
Adopt amendments in accordance with Planning
Commission Resolution no.6706
Staff recommends that City Council:
1. Adopt the staff recommended ordinance amendments
by approving amendments to Planning Commission
resolution 6706 and conduct the first reading
2. Adopt the revised fee schedule to implement a sign
disposal fee for unclaimed temporary signs to be
consistent with the proposed ordinance amendments
6