HomeMy WebLinkAbout2003-06-16 City Council (4)TO:
FROM:
C ty a ager s eport
HON0~BLE CiTY C0UN~iL ......................................
CITY MANAGER DEPARTMENT: PUBLIC WORKS 1 2
DATE:
SUBJECT:
JUNE 16, 2003 CMR:320:03
APPROVAL OF AN AGREEMENT WITH SANTA CLARA
COUNTY VALLEY TRANSPORTATION AUTHORITY FOR THE
TRANSIT SHELTER MAINTENANCE AND ADVERTISING
PROGRAM AND APPROVAL OF AN AMENDMENT TO THE
SIGN ORDINANCE OF THE PALO ALTO MUNICIPAL CODE TO
PROVIDE BUS SHELTER ADVERTISING
RECOMMENDATION
Staff requests that the City,’ Council approve the following recommendations:
1.Approve the City’s participation in the Santa Clara County.’ Valley Transportation
Authority’s (VTA) Transit Shelter Advertising Progam;
2.Authorize the Mayor to execute the attached Implementation A~eement
(Attachment C) with VTA for the Transit Shelter Advertising Pro~am;
3.Adopt the attached ordinance (Attachment D) amending the Si~o-n Ordinance of the
Palo Alto Municipal Code to provide for bus shelter advertising;
4.Rescind the current VTA Ageement dated March 6, 1996; and
5.Approve expansion of the existing Transit Shelter Advertising pro~am to allow
for additional Palo Alto shelters.
BACKGROUND
At the January 28, 2002 Council meeting, Public Works staff identified bus shelter
maintenance as an activity; that could be returned to the County for maintenance and as an
activity that could possibly generate revenues for the City’ through the VTA’s bus shelter
advertisement progam (CMR 128:02) (Attachment F). Council rejected the proposal
with a vote of 4-3.
DISCUSSION
While preparing the budget for Fiscal Years 2003-05, the City Manager provided
direction to staff to identify; ways to produce revenue for the City,’ due to the lagging
CMR:320:03 Page 1 of 2
economy. Staff reintroduced the plan to return bus shelter maintenance to the VTA. On
May 27, 2003, the Finance Committee asked that the issue be brought before the full
Council for review without a committee recommendation.
RESOURCE IMPACT
The City’s participation in VTA’s Transit Shelter Advertising Program would add
$50,000 per year to Public Works Department budget from the share of advertising
revenue with the County. In the event that Council opts to retain maintenance of the bus
shelters, staff has indicated that funds would be necessary for replacement and
maintenance of all 30 shelters in the City. Total cost of replacement would be $240,000
with an additional $6,000 per year for glass replacement and miscellaneous supplies. The
cost for replacement could be spread over a 10-year period and would require $30,000 to
be added to the Public Works Operations operating budget beginning in FY 2003-04.
POLICY IMPLICATIONS
Adopting the transfer of maintenance of the bus shelters to the VTA would require an
amendment to the Municipal Code (Attachment E) related to signage (Section ! 6.20.100)
as described in CMR 128:02.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Advertisement Locations
Photo of New Shelters
Agreement with Valley Transportation Agency
Current Agreement with Valley Transportation Agency
Amended Sign Ordinance to Provide for Bus Shelter Advertising
CMR 128:02 (without attachments)
PREPARED BY:
DEPARTMENT HEAD"
...... MICHAEL JACKSON
Deputy Director, PW/Operations
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL"
HARRISON
Assistant City Manager
CMR.~20.0~Page 2 of 2
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
EVlTLEM~NTATION AGREEMENI" FOR
TRANSIT SHELTER ADVERTISING PROGRAM
’This Implementation Agreemen~ ("Agreement") for Transit Shelter Advertising
Program is madg this 31st d~y of Octob~, 1995 (hereinaf~ referred to as the "Execution
Data"), by and among the Santa Clam County Transit District ("$CCTD"); Patrick Media
Oroup, Inc. ("Contrae.tor’9; and the following California ~ounty and cities: the County
of Santa Clam and th~ Citi¢~ of San los~, Sunnyvale, Santo Clara, Mountain View,
Milpitas, Oi .h’oy, Cutmr~o, and Los Altos (the foregoing county and ~iti~s am
heminaR~ sometimes r~ferred to collectively as the "Paxticipafing Entities" and
individually as a "Participating Entity" or the "County" and/or a "City", as the case may
be.)
A. SCCTD and.C0ntractor entered into that certain Transit Sheker
AdvcrtisLug Program Agreement dated June 9, 1994 (the "Advertising Agreement"). The
Advertising Agreement provides for the consU-uction by Contractor of up to 564 new bus
shelte~ a~ b~ stop locations throughout the Cou.uty of Santa Clara, vAth three-fourths
(3/4) of-all bus shelters to contain advertising panels. The. Participatiag.Entiti~ are not
parties to the Advertising Agreeing. t. As of January 1, 1995, there am approximately
420 exisfi~ SCCTD bus.shelters located in areas covered by. the Advertising A_aze~ment.
B. The contemplated distribution of tlm proposed 564 bus shelters and the..
currenz distribution of the existing bus shelters are shown o~1 Exhibit A, attachedhereto
and incorporatx~ herein by this reference.
C. Subject to the terms and conditions contained ia this Agreement, the
¯ Participating Entities axe willing t6 paz~dcipate in the Transi~ Shelter Advertising
Program, as set forth in the Advertising Agr~ment and as amenckxt by this Agreement.
(The Traz~t Shelter Advertising Program, as set forth in ~e Advertising Agreement and
amended by th~ Agreement, is hereinafter referred to as the "Program’S.
NOW,’TI-~REFORE, the p~zti~ agr¢ as follow:
1. Term of A~ Subject to Sections 3 and 10 hereof, this Agreement
shah be for a term of fifteen (15) years and shall commence on that.date (hereinafter
referred to as the "Effective Date" of ~ Agreement) when all conditions set forth in
Section 3 have been satisfied. Contractor and SCCTD shall notify the Participating
Entities in writing of the mtisf.aeti0.~ of the conditions set forth in Section3 and of the
Effective Date ofth~s Agreement.
2. Sub~eq~. cut l~xeeution. The parties acknowledge that, pursuant to Section
3, this Agreement may become effective even though not all of the county and the cities
" covered by the Advertising Agreemem have executed this Agreement, and, furthermore,
that such county and/or some of such cities may determine to execute this Agreement
subsequent to the Effective Date hereof and subsequent to the commencement of the term
¯ of this Agreement. The parties hereby agree that such county aud/or such cities may
execute this Agreement, and thereby become subject to this Agreement, at any time after
the Effective Date by means of an amendment hereto so providing, as long as such
amendment is signed by all those entities who are parties to this Agreement atthe time. of
the amendment. Each party hereby agrees that it will not unreasonably withhold or delay
its execution of such amendments and each Participating Entity hereby authorizes its
Exeetltive Diree~r, City Manager, or equivalent executive officer, as the ease may be, to
execule any such amendment from time to time.
3. Condition to_Effe "v . The effectiveness of this
Agreement shall be contingent upon the satisfaction of the following condition:
a.The execution of this Agreement no later than October 31, 1995,
by a sufficient number of the county and ci.fi~s covered by the Advertising Agreement to
result ia the incorporation into the Program of a minimum of one hundred fifty (150)
advertising.shelters dmS.ng Phase One of fine Program, as provided in- Section 4 betow.
4,Quanfi_txar~_d Loeati_o~.
a. phased Impleme~. AS provided ~ Exhibit B, attached hereto
and incorporated herein by this ~eference, the Program shall be implemented in three (3)
phases, as follows:
(1) Pd~_D_~. In the fia~t year after the Effective Date, a
minimum of one hundred fifty (150) advertis~g shelters shall be constructed, subject to
the .maximum quantities per city set forth in Ex~bit B. During Phase One, all remaining
e×istizg shelters shall, be upgraded to a first*class condition as necessary and maintained
in accordance with Section 6hereof.
.(2) ~ Subject to Section 4.b.(3) below, ia the second
year after the Effective Date,. with regard to areas of jurisdiction of Participating Entities
¯ which have approved the Program by complying with. Section 3. hereof, all remaixfing
existing shelters shall be replaced, .and the aggregate maximum number of advertising
shelters in each of the Participating Entities shall be as provided ~ Exhibit B. ’
(3) ~. Subject to Section 4.6.(3) below, in the third
year after the Effective Date, with regard to areas ofjm’isdicfion of Participating Entities
which have approved the Program by complying with Section 3. hereof, up to one
¯l~undred forty (140) additional new shelters shall be constructed, with the maximum
amomat of types of shelters for each Entity as provided in Exhibit B.
b.Locationof Shelter~.
(1) With.regard to each Phase~ Contractor and SCCTD shall
meet and agree in advance in writing with each Participating Entity as to the location of
the shelters to be constructed during that Phase in such Participating Entity’s area of .
jurisdiction. Each Participating Entity, in its sole discretion, may approve or reject any
proposed location for a new shelter or for an advertising shelter in its area.
(2). Attached hereto as Exhibit C, and incorporated herein by
this reference, is the list of approved locations for shelters to be constructed in Phase One.
in each Participating Entity’s area of jurisdiction.
(3) If Contractor, SCCTD and a Participating Entity cannot
agree, as provided in Subsection (1) above, upon the locations for advertising shelters to
be constructed in each area in Phase Two, the Program shall not proceed to Phase Two
and Phase Three for that Entity. IfContractor, SCC.TD and a Participating Entity agree
upon the locations for advertising shelters to be constructed in Phase One and Phase Two
but cannot agree upon the location for new shelters and/or advertising shelters to be
constructed in each area in Phase Three, then Phase Three shall not proceed for that .
Entity: The parties expressly acknowledge and agree that the Program may be expanded
from Phase One to Phase Two, or from Phase Two to Phase Three for a particular
Participating Entity, upon an accelerated schedule, upon agreement of that Participating
Entity, Contractor and SCCTD. Notwithstanding that the Program does not proceed to
Phase Two or Three for a particular Entity as set forth above, all shelters in such Entity’s
area of jurisdiction shall continue to be maintained by Contractor as set forth herein for
the term of this Agreement, Subject to the provisions hereof.
c.Post-Installation Change.
(i) Change to Non-Advertising or to Advertising~
Notwithstanding Section 4.b, at any time after a new shelter is installed, Contractor, upon
written request by the jurisdictional Participating Entity from time to time with sixty (60)
days’ prior written notice, shall change an advertising shelter to a non-advertising shelter;
or a non-advertising shelter to an advertising shelter. Such Entity’s request for such
change shal! not be denied or delayed by Contractor so long as the ratio of advertising
shelters to non-advertising shekers in the Participating Entity’s area of jurisdiction does
not fall below 2 to 3, respectively, in Phase One and 3 to 1, respectively, in Phases Two
and Three.
(2) RemQva! alad Relocation of Shelters. Each of the
Participating Entities shall have the right, for any reason, to require Contractor from time
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to time, at Contractor’s sole cost, to remove and relocate within thirty (30) days of written
notic~ to Contractor and to a location-determined by the Entity in its sole discretNn, up to
five percent (5%) of the shelters annually or a minimum of one shelter in the Participating
Entity’s area of jurisdiction. Such right shall be in addition to any right of SCCTD under
the Advertising Agreement to require the relocation of shelters; however, the total
removal and relocation of shelters pursuant to this subsection and Section VIII F of the
Advertising Agreement by SCCTD and the Participating Entity together shall.not exceed,
as specified in Section VIII F, a maximum often percent (10%) of the total number of
existing shelters per year.
d.Shelter-Illumination. At the option of any Participating Entity in
its sole discretion, any new non-advertising shelter in the Participating. Entity’s area of
jurisdiction may be an illuminated shelter. All factors related to shelter lighting, "
including without limitation type of lighting, placement and direction of lighting, and
wattage, shall be subject to approval in adv.ance by the applicable department of the
Participating Entity where the shelter is located. Contractor shall be solely responsible
for the costs of shelJter ligliting, including electricity charges and hookup. Contractor. and
the Participating Entities expressly agree that the advertising shelters may be illuminated,
subject to all terms and conditions of this Section 4.d., during the hours when bus service
is available at the shelter, but may.not be illuminated at other hours without the express
written consent of the Participating Entity in whose jurisdiction the shelter is located.
e.Maximum Advertising Shelters. Under no circumstances shal! the
quantity of advertising ~helters in any city/county exceed the quantities shown on Exhibit
D, attached hereto and incorporated herein by this reference, unless agreed to by the
individual city/county; provided, however, that the foregoing shall not be deemed to alter
the requirements of Section 4.a(1).
f.Encroachment Permits. Unless waived in writing by a
Participating Entity where a shelter is located, each new or relocated shelter constructed
pursuant to this Agreement shall require (i) an encroachment permit issued by the
applicable department of the Participating Entity where the shelter is located and (ii)
insurance satisfactory to the Participating Entity which shall name the Participating Entity
as an additional insured. Contractor shall pay all required encroachment permit fees and
shall comply with all conditions set forth by the Participating Entity in the permit
consistent with this Agreement. Contractor shall provide all necessary materials to
process encroachment permits in an organized, batched manner. Participating Entities
hereby agree to a per permit processing fee of not more than $300.00, increased annually
by the increase in the Consumer Price Index for the San Francisco-Oakland-San Jose
Metropolitan Area for All Urban Consumers. Participating Entities shall issue such
permits within thirty (30) days of complete application therefor.
5. Shelter Design. Unless expressly provided otherwise in this Agreement,
shelter design shall be as set forth in the Advertising Agreement. Any Participating
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Entity, at its sole option, may request a non-standard design for any new shelter
constructed in its area pursuant to this Agreement, proyided that (i) the Participating
Entity requests such non-standard design at the time of the approval of the shelter
location pursuant to Section 4.b, and (ii) the Participating Entity reimburses Contractor
for any additional expense for the construction, installation and/or maintenance of such
non-standard design shelter. With regard to shelters of non-standard design existing in
any Participating Entity’s jurisdiction prior to the Effective Date, (a) si~ch shelters may
only be replaced by Contractor if Contractor, at Contractor’s cost, replicates the existing
non-standard design in the replacement shelter, and (b) no additional expense may be
charged by Contractor for the maintenance of such existing non-standard shelters or any
replication thereof.
6.Maintenar~ce of Shelters.
a.Maintenance Obligation. During the term of this Agreement,
Contractor shall maintain all new and existing shelters in the areas of jurisdiction of
Participating Entities in a clean, safe, and first-class condition and in accordance with all
provisions of this Section 6.
b.Minimum.Weekly Maintenance. Contractor shall inspect each new
and existing shelter at least once each week and shall perform at least thefollowing
maintenance:
(1)All trash shall be collected;
(2)Shelter shall be cleaned, including without limitation
removal of all graffiti, stickers, extraneous posters; litter, dust and dirt;
(3) Weeds. and litter shall be removed from a 15-foot radius
around each shelter;
illuminated shelters.
C.
(4)Shelter shall be washed if needed; and
Defective lights shall be repaired to working order on
Repair of Damaged or Vandalized Shelters.
(1) Contractor shall repair any vandalism, graffiti or other
damage to a shelter within forty-eight (48) hours of the earlier of (i) the observation of
such vandalism or damage by Contractor during weekly maintenance, or (ii) telephonic or
written notice of such vandalism or damage to Contractor and SCCTD by the
Participating Entity where the shelter is located.
(2) Notwithstanding the foregoing, if shelter vandalism or
damage is of a hazardous nature, or if light sources need repair or repiacement,
Contractor shall repair such deficiencies within twenty-four (24) hours.
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(3) Contractor expressly agrees that, if Contractor fails to meet
its obiigations as set forth in Subsections (1) and (2) above, then SCCTD or the ’
Participating Entity where the shelter is located shall have the right to perform such
obligations on Contractor’s behalf, without notice to Contractor with regard to those
obligations in Subsection (2) and after three (3) days’ telephonic or written notice to
Contractor with regard to those obligations in Subsection (1). Contractor shall reimburse
SCCTD or such Participating Entity upon demand for the expenses incurred by SCCTD
or such Entity ill such performance by SCCTD or such Entity on Contractor’s behalf.
d.High-Maintenance Shelters. In addition to the other maintenance
responsibilities of Contractor hereunder, Contractor shall,"at its sole cost, at least twice a
week inspect and perform the maintenance set forth in subparagraph (b) above, for those
shelters des.ignated by a Participating Entity from time to time as a "high-maintenance
shelter." A Participating Entity may not designate from time-to-time more than one-third
(!/3) of the Shelters in its area ofjurisdiction as "high-maintenance shelters."
e.Maintenance Log. Contractor shall submit a montl~y log of shelter
inspection and maintenance to SCCTD and, for the shelters in the Participating Entity’s
jurisdiction, to each Participating Entity wh6 has requested in writing to receive the
monthly log.
7.Advertising A~eement Rights.
a.Approvals and Rights. Notwithstanding anything in the
Advertising Agreement, SCCTD and Contractor expressly acknowledge and a~ee that
the following approvals or rights granted to SCCTD in the Advertising Agreement shall,
instead, be approvals and rights granted to each Participating Entity where the shelters are
located, and SCCTD shall have no right of participation in such approvals or rights
except as set forth below:
Section I-B-3
of Advertising
Agreement
Option to require illumination of shelters, as
amended by Section 4.d hereof
Section I-D-4 Right to approve removal or relocation of"unsuita61e
or economically unfeasible" shelters (to be joint!y
exercised with SCCTD)
Section III Right to require that an advertising sfielter be changed
to a non-advertising shelter, as amended by Section 4.c
hereof
Section IV-B Right to use available unsold advertising display space.
SCCTD. shall provide to each Participating Entity the
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right of ftrst refusalto utilize anysuch space. If such
right is not exercised by a Participating Entity for a
particular available space, SCCTD may utilize such
space.
The granting of the foregoing approvals or rights to the Participating Entities as
set forth above shall not affect any conditions or limitations on such approvals or rights
set forth in the Advertising Agreement.
8.Advertising Content.
a.Replacement Provisions. With regard to the implementation of the
Program, this Section 8 replaces Sections VI -B and C of the Advertising Agreement in
their entirety.
b.Prohibited..Displays. Because of each Participating Entity’s
substantial interest in protecting the health and welfare of its citizens, Contractor agrees
that the following displays shal! not be allowed on any Program bus shelters:
(1)
(2)
(4)
Commercial advertising for tobacco products.
Commercial advertising for alcoholic beverages.
Any sign depicting physical violence against any person or
animal.
Any display containing any of the following:
(a) Any statements or words describing explicit sexua!
acts, sexual organs, or excrement.
(b) Any nudity (picture or illustration) showing
genitals, pubic hair, perineums, anuses, or anal
regions of any person or animal, or any portion of
the breast, at or below the areola thereof, of any
female person.
(c)"Explicit sexual acts", as used in this Subsection
(5), means depictions of sexual intercourse, oral
copulation, anal intercourse, oral~anal copulation,
bestiality, sadism, masochism or excretory
functions in conjunction with sexual activity,
masturbation or lewd exhibition of the genitals,
whether any of the above conduct is depicted or
described as being performed among or between
members of the same or opposite sex or between
humans and animals, or other acts involving any
physical contact with a person’s or animal’s
genitals, pubic region, pubic hair, perineum, anus,
or anal region.
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(5)Any display specifically prohibited by law or order of any
court of competent jurisdiction. "
c..Indemnification 0fparticipating Entities. SCCTD hereby agrees to
indemnify and hold ham’fless each Participating Entity and its of-ricers, agents and
employees from any claim, liability, loss, injury or damage arising out of the rejection of
advertising by SCCTD pursuant to Sections VI-A and VI-D through G; inclusive, of the
Advertising Agreement.
d.No Other Content Restrictions. Except for the express prohibitions
set forth in Subsection b above, the Participating Entities shall not impose any other
restrictions based on content and nothing herein shall otherwise interfere with the rights
of the Contractor in the selection of advertising material for the shelters.
9.Revenue Pass-Through.
a.. Pursuant to the Advertising Agreement, Contractorhas agreed to
pay SCCTD eighteen percent (18%) of cumulative, net revenues (as defined in the
Advertising Agreement) produced by advert, tsing shelters in the Program, subject to a
minimum payment of $50 per advertising shelter per month. (Such payments are referred
to hereina~er as the "Shared Advertising Revenue".) The Advertising Agreement
provides that such payments of Shared Advertising Revenue shall be paid to SCCTD, at
various times, by means of a withdrawal from an advance deposit, or by a quarterly
payment, Or by an end-of-calendar-year payment.
b.SCCTD shall pay each Participating Entity fifty percent (50%) of
all Shared Advertising Revenue received by SCCTD for advertising shelters located in
each Entity’s respective jurisdiction. SCCTD shall make quarterly payments to each
ParticipatingEntity of such revenue, as earned by each Participating Entity for the
previous quarter, within thirty (30) days after the beginning Of each calendar quarter.
Shared Advertising Revenue shall not include the fee paid by Contractor to Santa Clara
County Transit District for administration costs.
c.In addition to the fights of each Participating Entity to receive a
share of revenue as setforth above, each Participating Entity may, in .its discretion, obtain
a proportionate share of one-half of the $750,000 advance revenue payment to be paid by
Contractor to SCCTD under the Advertising Agreement. After the $750,000 advance
payment has been made by Contractor to SCCTD, SCCTD shall remit to any
Participating Entity, within thirty (30) days of written request by such Entity, a portion of
$375,000 for that Entity determined by the percentage that the number of advertising
shelters in that Ent.ity’sjurisdiction in Phase One bears to the total number of advertising
shelters, for all Entities, in Phase One. Such advance portion shall be credited against the
9% share to be paid to such Participating Entity. under this Agreement. Furthermore, if
under this Agreement or the Advertising Agreement, SCCTD becomes obligated to return
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and returns the $750,000 advance revenue payment~ or any portion thereof, to Contractor,
then ~ach Participating Entity that had received an advance portion hereunder shall remit
such advance portion, or portion thereof, to SCCTD, within_forty-five (45) days of
written request by SCCTD. Any such Participating Entity shall also return to SCCTD,
within forty-five (45) days of a written.request, any unearned portion of such advance
portion if the. Program is terminated in the jurisdiction of that Participating Entity under
the terms hereof.
d.Contractor and SCCTD shall maintain any and ail ledgers, books
of account, invoices, vouchers, and other records or documents evidencing or relating to
revenues produced by the advertising shelters in the Program for a minimum period of
three (3) years, or for any longer period required by law, from the date of any payment of
Shared Advertising Revenue to Participating Entities pursuant to this Agreement. Any
documents or records required to be maintained pursuant to this Subsection shall be made
available for inspection or audit, at any time during regular business hours, upon written
request by any officer or authorized representative of a Participating Entity. Copies of
such documents shall be provided for such inspection or audit at a location in Santa Clara
County.
10.Termination and Suspension.
a.Termination of Advertising A~eementl This Agreement shall
terminate automatically if the Advertising Agreement is terminated. WithOut limiting the
foregoing, the parties acknowledge that the Advertising Agreement provides that it may
be terminated by Contractor at any time if the number of advertising shelters for any
reason drops below one hundred fifty (150) shelters. The parties hereto agree that
shelters for which advertising has been suspended for whatever reason shall not be
considered as reducing the number of advertising shelters in determining such one
hundred fifty (150) minimum.
b.Suspension and Termination By Participating Entities 0r
Contractor. In addition to the termination rights provided to SCCTD and Contractor in
the Advertising Agreement, each Participating Entity shall have the right to terminate this
Agreement with regard to its area and to suspend and terminate the Program in its area,
and Contractor shall have the right to suspend and terminate, as f611ows:
(1) Suspension and Terminatiorl Thereafter. In addition to any
other termination rights herein, a Participating Entity may suspend the right of Contractor
to advertise under the Program in that Entity’s area of jurisdiction, at any time ifa legal
challenge is filed with a court of law against its sign laws arising out of or in connection
with or reasonably related to the implementation or continuation of the Program, whether
or not the Program is specifically mentioned in any such legal challenge, and the
Participating Entity determines, in its sole discretion based upon a good faith analysis,
that the’ existence of the Program in its area makes defense of its sign laws more difficult.
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If a Participating Entity decides to suspend the Program as aforesaid, it shall provide-
written notice of such decision to SCCTD and Contractor. Contractor shall remove all
Program advertising displays in the area of jurisdiction of the Participating Entity within
ten (10) working days of Contractor’s receipt of such notice. During the suspension
period, all shelters in the suspending Entity’s jurisdiction shall be maintained in
accordance with all provisions of this Agreement, and Contractor, SCCTD and the
Participating Entity shall equally share in the cost of such maintenance.
Furthermore, if advertising under the Program in a Participating Entity’s.
jurisdiction is suspended by an order of court during all or a portion of the pendency of
such a legal challenge, despite good-faith opposition to the issuance of such an order by
the Participating Entity if the Entity is defending thesuit itself or through counsel of its
own choosing, then maintenance (including illumination) for all shelters in that
jurisdiction shall be performed in accordance with all provisions of this Agreement
during such suspension period, and the cost for such maintenance shall be equally shared
by Contractor and SCCTD, without repayment of such cost by the affected Participating
Entity to either Contractor or SCCTD.
If the court action giving rise to the suspension results in any final court action
that prohibits enforcement of the sign lawsof the Participating Entity, or any portion
thereof as written, then the Participating Entity may terminate this Agreemep.t as to that
Participating Entity upon thirty (30) days’ written notice. Otherwise, the suspension
period shall end and the Program shall resume in that Participating Entity, including
advertising and maintenance by the Contractor, and the term of the Agreement shall be
extended by a period of time equal to the length of the suspension period. For purposes
of this subsection, the term "final court action’’ shall mean an action that has become final
after all appeals have been exhausted or the time to obtain appellate review has expired.
Furthermore, if at any time advertising for more than 0he-half (1/2) of the
advertising shelters in the Program has been suspended as provided above, the Contractor
may, in its sole discretion, suspend the entire Program, including its obligation to provide
maintenance for any and all shelters in the Program, and obtain a refund from SCCTD
within forty-five (45).days of such suspension of the unearned portion of the advanced
revenue share of $750,000, pro-rated on the date that notice of Program suspension is
given by Contractor to SCCTD. Upon resumption of the Program, such unearned portion
shall be returnedto SCCTD, and the term of the Agreement shall be extended by a period
of time equal to the length of the suspension period.
Furthermore, if advertising for more than one-half (1/2) of the advertising shelters
in the Program has been suspended as provided above for a period of three (3) years or
more, the Contractor may~ in its sole discretion, terminate the entire Program effective
after thirty (30) day’s written notice is served upon SCCTD and the Participating Entities.
In such an instance, Contractor’s duty to indemnify the Participating Entities igursuant to
Section-11 hereof with respect to any and all legal challenges to a Participating Entity’s
[Entities’] sign laws shall cease as of the date thirty (30) days after the datenotice of
termination is given, except for any cgvered claims asserted prior to such termination date
in accordance with Section 11 hereof, for which indemnification shall continue. Further,
Contractor’s duty to indemnify shall not so terminate and shall continue for any covered
claims for personal injury or property damage relating to advertising shelters asserted
after the termination date in accordance with Section 11 hereof and for which the date of
occurrence of such injury or damage is a date prior to the termination date.
(2) A Participating Entity may terminate this Agreement with
regard to its area of jurisdiction if SCCTD or Contractor is in default of any of their
obligations hereunder or under the Advertising Agreement with regard to the bus shelters
in the area of jurisdiction of the.Participating Entity and such default is not cured within
thirty (30) days after written notice from the Participating Entity specifying such default.
(3) A Participating Entity may terminate this Agreement with
regard to its area of jurisdiction if Participating Entities terminate the Agreement as
provided above with a result that less than 125 advertising shelters continue to be in the
Program.
Section IX B of theAdverfising Agreement shall be applicable to any termination
of the Advertising Agreement pursuant to or as a result of the foregoing provisions of this
Section 10.b. Except in the case of a default by Contractor, Contractor shall, in addition
to any rights under Section IX B of the Advertising.Agreement, be entitled to a return of
its letter of credit and. the pro-rata portion of the unearned portion of the advance revenue
share of $750,000 from SCCTD, and, provided that no claim~ or potential claims
affecting such bonds remain outstanding, rescission of its obligation to maintain the
performance and payment bonds under the Advertising Agreement
c.Rights and Remedies. The Participating Entities shall have all
rights and remedies available to them under this Agreement or applicable law; without
limiting the foregoing, upon termination of this Agreement, the Participating Entities,
shall each have the right, in its sole discretion, which shall not constitute its sole remedy
hereunder, to require that all advertising displays be removed from the bus shelters in its
area of jurisdiction, at no cost to such Participating Entity.
11. IM~mnification. Contractor shall indemnify, defend, and hold harmless
each Participating Entity and its officers, agents and employees from any claim, liability,
loss, injury or damage arising out of or in connection with or reasonably related to the
implementation or continuation of the Program, whether or not the Program is
specifically mentioned in any claim; without limiting the foregoing, Contractor expressly
acknowledges that such indemnification includes indemnification for any claim, liability,
loss, injury or damage arising out of or in connection with any legal challenge to the
implementation or continuation of the Program; provided, however, that the
indemnification set forth in this Section 11 shall not include indemnification of any
Participating Entity for any claim, liability, loss, injury oi: damage caused solely by the
acts or omissions of such Entity’s officers, agents or employees. It is the intent elf the
parties to thi~ Agreement to provide the broadest possible indemnification coverage for
the Participating Entities. The obligations set forth in this Section 1 ! shall survive any
termination of tNs Agreement.
If a claim for indemnification (a "Claim") is to be made by a Participating Entity
hereunder against Contractor, such Participating Entity shall give written notice (a
"Claim Notice") to Contractor as soon as practicable after the Participating Entity
becomes aware of any fact, condition or event which, in the reasonable judgment of the
Participating Entity, is likely to give.rise to a Claim. If any lawsuit or any enforcement
action is Ned against the P .articipating Entity, a Claim Notice with respect thereto shall
be given to Contractor as promptly as practicable. After receipt of a Claim Notice, if
Contractor acknowledges in writing its obligation under the terms of its indemnity
hereunder in connection with such losses or actions, then Contractor shall be entitled, if it
so elects, and subject to the last paragraph in this Section 11 (i) to take control of the
defense and investigation of such lawsuit or action; (ii) to employ and engage attorneys of
its own choice to handle and defend the same at Contractor’s cost, risk and expense; and
(iii) to compromise or settle such claim in c6nsultation with the Participating Entity. A
Participating Entity shall cooperate in all reasonable respects with the Contractor and its
attorneys in the investigation, trial a~xd defense of any Claim or lawsuit.or action-and .-
appeal arising therefrom; provided, however, that if the Contractor has assumed the
defense of any claim, a Participating Entity may, at its own cost, participate in the
investigation, trial and defense of any lawsuit or action and any appeal arising therefrom.
The Parties shall cooperate with each other in any notifications to insurers.
For any challenge tO the validity of a Participating Entity’s sign laws, a
Participating Entity, at its sole cost and expense; may elect to retain counsel of its own
choosing or defend such claim or lawsuit itself, with no right of indemnification from
Contractor for the costs or expenses of such counsel or defense. Furthermore, each
Participating Entity, whether or not it so elects to choose its own counsel or defend such
claim or lawsuit itself, shall have the sole discretion to approve any compromise or
settlement of a claim or lawsuit, or portion thereof, to the. extent such compromis.e or
.settlement, or portion thereof, is related to the Participating Entity’s sign laws; such sole
discretion shall not include discretion over any monetary settlement. The Participating
Entity shall consult with Contractor prior to any such compromise or settlement. If the
Participating Entity has so assumed the defense of any claim, Contractor may, at its own
cost, participate in the investigation, trial and defense of any lawsuit or action and any
appeal arising therefrom.
12. Waiver of Statutory. Damages. Contractor, on behalf.of itself, its
successors and assigns, hereby waives and relinquishes any and all Statutory rights to,
compensation related to the removal or relocatioi~ of any of the shelters in the Program,
including, but not limited to, those established in Business and Professions Code sections
12
5412 ~ Such waiver shall not affect or diminish any rights to compensation
expressly set forth in this Agreement or in the Advertising Agreement.
13.Integration; Amendment or Implementation of Advertising Agreement.
a.To the extent of its express provisions, this Agreement amends the
Advertising Agreement as such Adve.rtising Agreement and the Program applies to the
Participating Entities and supersedes all prior negotiations between the parties with
regard to the implementation of the Advertising Agreement. Notwithstanding the
foregoing, and except as amended hereby, the Advertising Agreement, and each provision
thereof, shall remain in full force and effect.
b.Contractor and SCCTD expressly agree that (i) they shall not
amend the Advertising Agreement to materially alter any provision of the Program,
without the prior written approval of the Participating Entities, which approval may be
given or withheld by any of such entitiesin its sole discretion, and (ii) they shall not
implement the Advertising Agreement in any area unless and until the governmental
body in such area (whether a county or a city) has become a party to this Agreement, as
provided in Section.2 hereof.
14. Nondiscrimination. Contractor and SCCTD shall not discriminate, in any
way, against any person on the basis of age, sex, race, color, creed or national origin in
connection with or related to the performance of this Agreement or the performance of
the Advertising-Agreement.
15.Conflict of Interest: Prohibition of..Gifts.
a.Contractor shall at all times avoid conflict of interest or appearance
of conflict of interest in the performance of this Agreement. Contractor shall disclose any
conflict of interest, or.potential conflict of interest, which exists or arises at any time
during the term of this Agreement. Any Participating Entity shall have the right to treat
any violation of this Subsection as a material breach of the Agreement, and shall have the
right to terminate the Agreement. and/or pursue any and all legal or equitable remedies for
said breach of this Agreement.
b.(1) Contractor shall not at any time offer any officer or
employee of a Participating Entity any gift that is prohibited by the laws of such
Participating Entity.
(2) The offer or giving of any such prohibited gift shall
constitute a material breach of this Agreement. In addition to any other remedies the
Participating Entity whose laws have been violated may have in law or equity, such
Entity may terminate this Agreement for such breach as provided in Subsection a. above.
16. Notices. All’notices and other commtmications required or permitted to be
given’ under this Agreement shall be i.n writing and shall be personally served or t-nailed,
postage prepaid and return receipt requested, addressed to the respective parties as
follows:
to Contractor:Patrick Media Group, Inc.
! 601 Maritime Street
Oakland, CA 94607
Attn: David McWalters, Real Estate Manager
to SCCTD:Santa Clara County Transit District
3331 North First Street, Bldg. C-2
San Jose, CA 95134-1906
At-m: Peter M. Cipolla, General Manager
to Participating Entities:
As provided on Exhibit E attached hereto
and incorporated herein by this r~ference.
or to such other address as any party may designate by notice in accordance with this
Section 16. ..
Notices shall be deemed effective on the date of delivery.
17.Choice of Law: Venue.
a. The parties agree that the law governing this Agreement shall be
that of the State of California.
b.In the event that suit shall be brought by any party hereunder, the
parties agree that trial of such action shall be exclusively vested in a state court in the
County of Santa Clara or, where appropriate, in the United States District Court for the
Northern District of California, San Jose, California.
18. E~;ecution by Counterpart. This Agreement may be executed in any
number of counterparts, each of which shall for all purposes be deemed to be an original
and all of which shall together constitute, one and the same instrument.
19.Areas of Authority..
a.Notwithstanding anything else in this Agreement, the parties
expressly agree that .any shelters located on State thoroughfares within a City’s legal
boundaries shall be considered shelters in that City’s area of jurisdiction for all purposes
of this Agreement.
14
b.For purposes of Sections 4.b (location of shelters). 4.c. (post
installation changes), 4.d. (shelter illumination), 5. (shelter design), 6. (maintenance of
shelters), 7. (advertising agreement rights), and 8. (advertising content) (collectively, the
"Joint Authority Provisions"), the parties expressly agree that (I) a City’s area of
jurisdiction shall include County bus shelter sites on County roadways within such City’s
legal boundaries.and sites in County unincorporated pockets that are totally surrounded "
by such City, and (ii) such City (A) shall have joint authority with the County of Santa
Clara with regard to any Participating Entity approvals and/or rights allowed under the
Joint Authority Provisions and (B) shall have full independent authority, with or without
County concurrence, to enforce any .and all requirements of the Joint Authority
Provisions."
20.Third Party.. Beneficiary. Rights
a.Contractor and SCCTD expressly acknowledge and agree that, to
the extent of Contractor’s obligations under the following provisions of the Advertising
Agreement, each Participating Entity shall be a third-party beneficiary of such obligations
with regard to shelters in such Entity’s area of jurisdiction and shall have all rights and
remedies available at law to enforce such obligations: .
b. For purposes of this Section 20, shelters within a City’s area of
jurisdiction shall include, without limitation, shelters located on State and/or County
thoroughfares within such City’s legal boundaries and shelters located in County
unincorporated pockets that are totally surrounded by such City.
2.1. Administrative Authority_.
Any approval, request or other act required or permitted to be "
given by SCCTD or a Participating Entity under this Agreement, except for that approval
required by Section 3.a. hereof, may be given on behalf of SCCTD or the Participating
Entity by the Executive Director, City Manager, or equivalent executive officer, as the
case may be, of SCCTD or the Participating Entity.
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date
first set forth above.
PATRICK MEDIA GROUP, INC.
By:
William G. Hooper
Regional President
"SCCTD"
Approved as to Form:
Legal
. SANTA CLARA COUNTY
Peter M. Cipolla
General Manager
16
"ParticiPating Entities"
COUNTY OF SANTA CLARA
ATTEST:
~hyll~erez ,d:¢p
Clerk of the Board of Supervisors
By:
Mict~ael MI ’Honda, Cl£airperson
Santo Clara Co.unty I]CI 3
Board of Stipe’rVisprs
APPROVED AS TO FORM AND
LEGALITY:
Kathy Kretchmer
Deputy County Counsel
Approved as to Form:CITY OF SAN JOSE
Deputy City Attorney
By:
Name:
Title:
CITY OF SUNNYVALE
By:
Name: Thomas F. Lewcock
Title: City Manager
"Participating Entities"
COUNTY OF SANT~ CLARA
ATTEST:
By:
Michael M. Honda, Chairperson
Santa Clara County
Board of Supervisors
Phyllis Perez
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND
LEGALITY:
Kathy Kretehmer
Deputy County Counsel
Approved as to form:CITY OF SAN JOSE
Nkm S. Gtayson
Assistant to the City Manager
CITY OF SUNNYVALE
By:
Name: Thomas F. Lewcock
Title: City Manager
"Participating Entities"
¯ COUNTY OF SANTA CLARA
ATTEST:
By.:
Michael M. Honda, Chairperson
Santa Clara County
Board of Supervisors
Phyllis Perez
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND
LEGALITY:
Kathy Kretchmer
Deputy County Counsel
Approved as to form:CITY OF SAN JOSE
Sr. Deputy City Attorney By:
Regina V. K. Williams
City Manager
CITY OF SUNNY~VALE
B
Name:F. Lewcock
Title: City Manager
17
CITY OF GILP~OY
CITY OF CAMPBELL
By:
Name:
Title:
CITY OF CUPERTINO
L~\’:
Name:
Title:
CITY OF MORGAN HILL
By:
Name:
Title:
CITY OF LOS ALTOS
By:\
Name:
\\Title:
18
Approved as to form:
City Attorney
Approved as to form:
City Attorney
CITY OF CUPERTINO:
Mayor
City Clerk
CITY OF LOS ALTOS:
Mayor
City Clerk
CITY OF CUPERTINO
By:
Name:
Title:
APPROVED AS TO FORM:CITY OF LOS ALTOS
Legal Counsel
By:
Name:
Title:
DIANNE {’~ ~’-~*,,
CITY MANAGER
CITY OF SANTA CLARA
ATTEST:
JU~CCIGNONE, ~fty Clerk
By:
.Mayor
APPROVED AS TO FORM:
--//~.~a m~D~V~mm,~Assistant City Attorney
~ty M~hager
Address:1500 Warburton Avenue
Santa Clara,-.CA 95050
Telephone: .(408) 984-3000
Implementation Agreement For Transit Shelter Advertising Program
APPROVED AS TO CONTENT:
Public Works Dh~ctor
CITY OF SANTA CLARA
By:
Name:
Title:
CITY OF MOUNTAIN VIEW,
a municipal corporation
By:
City Manager
FINANCIAL APPROVAL:
~¢rviees
Director
By:
Tide:
CITY OF MILPITAS
By.-.
Name:
Title:
CITY OF GILROY
By:
N=ne:
Title:
CITY OF SANTA CLARA.
By:
Name:
Title:
APPROVED AS TO CONTENT:CITY OF MOUNTAIN VIEW,
a municipal corporation
Public Works Director
By:
City Manager
FINANCIAL APPROVAL:
By:
Title:
Finance and Administrative Services
Director
APPROVE TO F RM:
’ DA~E~EN~,/dity ~ttorney
GAlL BLALOCK, City Clerk
CITY OF MILPITAS
~ame: LAWRENCE
Title: City Manager
CITY OF GILROY
By:
N .m’ne:
Title:
18
Exhibit A
EXISTING AND PROPOSED TRANSIT SHELTERS
PARTICIPATING
JURISDICTION
EST. TOTAL
EXISTING
SHELTERS
San Jose
Sunnyvale
Santa Clara
Mountain View
Milpitas
County
Gilroy
Cupertino
Los Altos
Other (Light RaiI,Cal-,,
Train, Fed, College)
Additional Available Shelters for Phase 3
TOTAL
180
31
26
18
18
39
10
11
5
44
EST. TOTAL NEW
SHELTERS
(PHASES 1, 2,& 3)
243
42
35
25
25
53
14
15
7
54
51~
382t 564
ATTACHMENT D
BUS SHELTER MAINTENANCE AGREEMENT
The Bus S~elter Maintenance Agreement is made effective
March !, 1996, by and between the City of Pa!o Alto ("City") and the
Santa Clara County Transit District ("District").
RECITALS:
A. The Transit District owns bus shelters at selected
bus stops located within the City of Palo Alto; and
B. The City and District have mutually agreed that
these bus shelters should be retained for the convenience of
transit riders; and
-o C. The City has agreed to assume maintenance
responsibility for the existing District-owned shelters within its
jurisdiction;
AGREEMENT:
NOW, THEREFORE, for valuable consideration, District and
City agree as follows:
i. Beginning on March i, 1996, City agrees that it will
be solely responsible for all maintenance and repair of the
~shelters covered by this Agreement.
2. City agrees that it will maintain the referenced
shelters in a reasonably clean and safe condition; collect trash,
empty trash cans and remove weeds and litter around each shelter.
3. City agrees that it will repair any vandalism,
graffiti, broken or damaged glass or other damage to a shelter.
4. City will inspect each shelter at regular intervals
to assure that the shelters are being maintained and repaired.
5. City wil! be solely responsible for any claim,
liability, loss, injury or damage arising out of or in connection
with the bus shelter maintenance and repair obligations of City set
forth herein.
6. City wil! pro~-ide to District a telephone number
that can be reached during normal business hours, Monday through
Friday from 7:00 a.m. to 5:00 p.m. for the reporting of maintenance
needs or concerns in regard to the shelters specified herein. For
emergencies after normal hours, weekends, and holidays, the
District shal! contact the City of Palo Alto Communications at
960903 lac 0031338
(415) 329-2413 for hazards or damage to the shelters which could
imperil, harm and injure users of the shelters. Non-emergency
calls shall be held by the District until the next business day.
7. During the term of this Agreement, City agrees not
to remove or re!ocate any of the shelters specified herein without
the prior written approval of District.
8. In performing its maintenance duties hereunder, City
will not remove, and shall preserve, any identifying or
informational notices or materials placed on or within any of the
shelters by District for its patrons.
9. To the extent inconsistent herewith, this Agreement
shall supersede the provisions of any permit or agreement between
City and District relating to the subject matter hereof.
!0. This Agreement shall continue in effect as long as
mutually agreed upon by both parties.
CITY
By:Fleming
lity Manager
DISTRI
Peter~ M. Cip0!la
General Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED AS TO FORM:
Kevi~ Allmand
Senior Assistant Counsel
960903 I&c 0031338
2
ATTACHMENT E
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO ~ENDING CHAPTER 16.20 (SIGN ORDINANCE) OF
THE PALO ALTO MUNICIPAL CODE TO PROVIDE FOR BUS
SHELTER ADVERTISING
The Council of the City of Palo Alto does ORDAIN as
fol!ows:
SECTION !. Findings and Declarations.
finds and dec!ares as follows:
The City Council
(a) The Santa Clara County Transit District
("District") owns and formerly maintained bus shelters within
the City of Pa!o Alto; and
(b) in 1995 the District entered into an agreement
with Patrick Media ("Patrick"), whereby Patrick agreed to
upgrade and maintain a~_ bus~ " .......... ~helters w~th~ the District, in
exchange for the right to display advertising in a limited
number of the shelters (the "program"); and
(c)in 1996 the City chose not to permit advertising
on those bus shelters, and the District thereafter allowed the
City to agree to repair and maintain <hose shelters at its own
expense; and
(d) The City has now decided to participate in the
program to eliminate bus shelter maintenance expense; and
(e)Participation in the program will require an
amendment to Chapter 16.20 (Sign Ordinance) of the Pa!o Alto
Municipal Code; and
(f) The City Council has considered the matter and
finds that participanion in the program, including amendment of
the Sign Ordinance, is in the public interest;
//
/ /
//
030611 sra 0052871
SECTION 2. Section 16.20.100 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.20.100 Prohibited locations.
:-.~.!i signs
requirements:
shall comply with the following location
(a) Public property. No sign shall be placed on any
public property, including but not limited to any city building,
sidewalk, crosswalk, curb, street lamp post, hydrant, tree,
shrub, tree stake or guard, railroad trestle, electric light or
power or telephone or telegraph wire pole or wire appurtenance
thereof or upon any fixture of the fire alarm system or upon any
lighting system, street sign or traffic sign.
(!) Nothing in this section shall apply to the
installation of terrazzo sidewalks or sidewalks of similar
construction, sidewalks permanently colored by an admixture in
the materia! of which the sidewalks is constructed and for which
:he department of public works has granted a written permit.
~_) Nothing in th~_s section shall apply to the
painting of house numbers on curbs pursuant to Chapter 16.36.
(3) Application may be made for an encroachment
n~rm~t pursuant to Chapter .... 79 :=4o for the ........... {nsta]]ation o~ a metal
plague commemora:ing an ~istorica], cul~ura_ or arn!sEmc event,
~....ion r ..___~=<o oersonaiitv The deoartment of oubiic works may
grant such an encroachment permiu only upon the approval of the
ci:v counct!.
(4) Appiicarion may be made for =~ encroachment
permit pursuant to Chapter 12.12 for a portable sign to be
placed on public property. The deparumen: of oub!ic works may
grant such an encroachment oermit only uoon the approval of the
.~u!de±:nessign,_oursuan: to ~n~p~_er ~6_ 48 and pursuant to the ~" ~
_._~:~_~ec:ura! review boardfor Oorrable signs adooZed by the --~ {~.
’5)Apm!ication mav be made,~.~~u~=u~nu to ection
~ 6. 20 . 050,:for a t=~mpo~_=~2 .....sign on _.oubi~_,~ _property if the s~gn_
co~.emorates or ~=~or an ZESEO==~m,cultural:~=azes to a season ~ ’ ’
or arElsElc evenE.
030611 sm 0052871
(6) Any sign found posted on public property
contrary to the provisions of this section may be removed bv the
division of inspectional services or the police department.
(b)Fire escapes. No sign shall be erected in such a
manner that any portion of the sign or its support is attached
to or will interfere with the free use of any fire escape, exit
or standpipe, or obstruct any required stairway, door ventilator
or window.
(c) Marquees. No sign shall be placed upon the roof
or on the face of any marquee ~xcep~ on a theater.
(d) Traffic. No sign shall be erected in such a
manner <hat it will or reasonably may be expected to interfere
with, obstruct, confuse or mislead traffic.
(e)intersections. No sign over three feet in height
shall be erected a< the intersection of any street improved for
v:n±cu±ar traffic, within a triangular area formed by the curb
±lnes, =n@ their projection and a line connecting them at points
thirty-five feet from the intersection of the projected curb
t..e Orovqsions oflines, unless the sign in como!iance with ~h
this chamter, has a clearance of at least ten feet above curb
grade and no part of whose means of support has a single or
combined horizontal cross-section exceeding eighu inches.
(f) Residential districts. No sign ~ha!! be .... c+-~
in any residential dl ~trqct except as provided below:
.~ne~ and other organi_~2ons. T~
resident~a~ d{stricts churches and other oerm~tted or
condiriona! uses in the disurict may erect signs on the premises
identifying the premises or announcing activities thereon.
{2) Tdent{Svqng signs Tn aft] ~{~=ntqafi
districts exce~ R-l, R-E and R-2,signs may be erected
identifying the property or building on which the sign is
situated.
(3) Speciai purpose signs.Special
sl~ns may be erec~e~ in residentia~ dis÷~’-*- in ~~ n~- with
the <.~-~. .¯.. m.~.~=sions of Section 16 20 160
(4) Size and height. Except as otherwise
Section ~6._90.160, wal! ~igns _..q~ residential
-~exceed of one foo< f sign~_~=:~ not an area sGuare o
030611 sm 0052871
for each forty square feet of wall area except that regardless
of the size of the building face, (i) any such sign or
combination of signs may have an area of at least six square
feet and (2) no such sign or co~ination of signs shall have an
area greater than one hundred fifty square feet. Freestanding
signs shall mee< the requirements of Table 1i. No projecting
signs or roof signs shal! be erected.
(5) Lighting of signs. No sign in a residential
district shal! be constructed in such a way that any light bulb,
!igh< filament, neon tubing or similar material is visible from
the front of the sign or from beyond the property line.
(6) PC planned community districts.Unless
otherwise provided in the ordinance approving the PC
development, signs hereafter erected in PC districtsshall be
governed by the rules applicable to residential districtsas set
forth in this subsection.
(7) Signs on landscaped freeways.
Notwithstanding anything elsewhere contained in this chapter, no
sign shall be erected on any property adjacent to a section of
landscaped freeway, expressway or any other landscaped limited
access street or highway in such a way as to be viewed by
persons traveling on such landscaped freeway, expressway or any
o:her landscaped limited access street or highway excep: when
such sign is used exclusively:
(A) To advertise the sale or lease of the
property upon which the sign is situated; or
(B) To designate the name of the owner or
occupant of the premises upon which the sign is situated, or to
identify such premises.
~KCTTON 3 Section 16 20 160 of :he
Code is hereby amended to read as follows:
16.20.160 Special purpose signs.
(a) Permi: required. Signs for the smeciai purposes
set forth in this subsec:ion (a) shall be permitted as ~rovided
~ Tab!e i, referred :o herein, can be found at the end of
this chapter.
030611 sm 0052871
herein upon obtaining design review and a permit as set forth in
Section 16.20.020.
(!) Directory signs, in al! districts where
group occupancies in office buildings are permitted, directory
signs may be erected displaying the names of the occupants of a
building who are engaged in a particular profession, business or
the like. Such signs shal! be situated at least two feet inside
the property line and shall not exceed eight feet in height.
Such signs may have an area of four square feet, plus one and
one-half square feet per name, in no event to exceed seventy-
five square feet.
(2) Construction project signs. Signs may be
erected in conjunction with construction projects and used for
the purpose of publicizing the future occupants of the building
or the arch!~ ~s, ~engineer~ and construction organizations
participating in the project, in residentia! districts, no such
sign shall exceed twelve square feet in area and no freestanding
sign shal! exceed five feet in height, in other districts no
~ign shall exceed t:.e area for the applicable frontage set forth
in Table 1~ and no freestanding sign shal! exceed eight {e=~ in
height. All such signs shal! be removed before a final release
on ~.e construction is given by the building officia!.
(3 Directional signs. Directional signs may be
erected for the purpose of facilitating or controlling the
efficient or safe movement of pedestrians or vehicles on private
property. Such s2gns shal! not be used for advertising purposes
and particularly shall not include the name of any person, firm,
company, organization or any product or service except as
approved to designate directions to different businesses on the
same site. Such signs shall be located on the properny to which
they mertain, shal! not exceed an area of six square feet nor a
height of three feet and shall be located at least twenty feet
within the nearest property line, except that directional signs
of not more than three square feet in area may be located not
less than ten feet within any front property line. Such signs
shall not be permitted in R-E, R-I, or ~-? districts.
(~) Subdivision si@ns ~n,, merson or firm
ozzer2ng tea estate rot sale in an =pp:o ~@ ~ubdivision ma,!
erect not more than two signs indicating the !ocation of the
subdivision. No such sign shal! exceed forty square feet in
area. Such signs may state the name of the subdivider or
subdivision or both.No such o~n hall¯~:.~..s be erected on or
situated within one hundred~ ....of anv~occuoied, residential
030611 sm 0052871 ~
property. No such sign shall be illuminated. The permit for
any such sign sha!l be issued for a period of six months. At
the end of such period additiona! extensions of ninety days each
may be granted by the building official for good cause shown.
Upon expiration of the permit or any extension thereof the sign
shal! be removed by the applicant.
(5) Off-site advertising by art organizations.
Nonprofit organizations having tax exempt status which are
located within the city and which have been established solely
for the purpose of supporting the performing and cultural arts
in the city and other jurisdictions shall be permitted to
utilize walls for off-site murals which may incorporate wording
to name, designate, or identify the organization and/or the
arts. The application shall be made jointly by the nonprofit
organization and the property owner who owns the property where
the mural is to be located. Said application shall be subject
to review by both the visual arts jury in accordance with the
provisions of Chapter 2.26 and the architectura! review board in
accordance with the provisions of Chapter 16.48. Additionally,
the fol!owing provisions shall ampiv:
(A) The provisions of Section ~ 6 20 ~30
shall be applicable to said murals except ~na< no parn of a
mural shall be counted as part of the all ’ " ~ ’.. owas_~= sl,sn area
the o{{-site !ocarion.
..... s must be painted
’~__=K= may be usedbu~idinm wall; no pennants or the 1~’-
(C) The property owner shall give his/her
consent to erect, maintain, and remove the mural.
(D) The mural must be properly maintained
by the nonprofit organization.
(E) The visual arts jurv shall establish a
maximum :xme period for the existence o~ a murk=.
(F) The property owner shall be responsible
for removing the mural an the complenion of the authorized time¯~ -~ ’ ~"~ ~=thesham! ....v=nt an =g~ement thatperiod; however, ~ou~:~ s:= ~--
nonprofit organization shall pay for and remove the mural.
(G) No organization shall be permitted to
have more than two off-site advertising murals at any one time.
030611 srn 0052871 6
(H) Murals which are erected on city
property or with clry moneys shall be regulated solely by the
mrovisions of Section 16.20.100 and Chapter 2.26.
(b No oermir required. Signs for the special
murmoses set forth in this subsection b] shall be mermit~ed as
provided herein without design review or a permit being
required.
(!) For sale or lease signs, in all dis:ricts
signs may be erected on real estate, advertising such real
estate for sale or lease, in R-I, R-E, and R-2 districts such
signs shal~= not exceed an area of six square feet. in all other
districts such signs shall meet with the requirements set forth
(2) Po~ ~-’~’~ " ~~_.~±~=_~ signs.:o±_~icai signs may be
erected in conformir_y wi~h this chamfer including Section
~6 90 !00 w~ch ~roh~b~ts signs on ~ub!~ ~rooer~v.~n
addi:ion,an election sign must be comp!e<ely removed no later
than six days following the day of =he election to which it
relates.Any eiecrion sign not removed within si~ days shall be
considered abandoned and shall be removed by the building
division.
(3) Window signs. A place of business which
sells goods or services to consumers may insrai! and maintain
signs on the interior face of a window of the premises or in a
position inside such place of business, o~herwise viewabie
through a window of the premises, subject to the following
conditions:
(A) No more than :wenty percent of the
to~ai_ window space on a ,~=~, ma.v be covered bv~ window signs at
any tmme.
030611 sm 0052871 7
(B A sign affixed to the interior face of
a window and a sign inside a place of business, any point on
which is within three feet of any point on the interior face of
a window, through which window said sign may be viewed from
outside such place of business, shal! be deemed to be a window
sign for the purposes of the window coverage limitation of this
section. The full area of any window sign shall be used when
window coverage is calculated for purposes of this section.
(C) Merchandise on display, which does not
constitute a sign (as defined in Section 16.20.010), shall be
exempt from the window coverage limitation of this section.
SECTION 4. The application fee for an encroachment
permit issued pursuant to Section 16.20.160 (a) (6) of <he Palo
Alto Municipal Code shal! be $300.00, increased annually by the
increase in the consumer Price Index for the San Francisco-
Oakland-San Jose Metropolitan area for al! Urban Consumers. The
Municipal Fee Schedule is hereby amended <o provide for such
fee.
exempt
Quality Act ("CEQA")
Facilities) and 15302
CEQA Guidelines.
SECTION 5. The Council finds that this projec~ is
from the provisions of the California Environmental
pursuant to Sections 15301 (Existing
(Replacement or Reconstruction) of the
030611 sm0052871
SECTION 6. This ordinance shall be effective
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
on
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Ci:y Attorney CiEy ManaGer
Director of Planning and
Director of
the
030611 sm 0052871 9
ATTACHMENT F
City of Palo Alto
City Manager’s Report
TO:HONOIL~BLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS 1
DATE:
SUB3ECT:
JANUARY 28, 2002 CMR: 128:02
AGREEMENT WITH SANTA CLARA COUNTY VALLEY
TRANSPORTATION AUTHORITY FOR THE TRANSIT SHELTER
MAINTEN.~CE AN~ ADVERTISING PROG1L~M
RECOMMENDATION
Staff requests that the City Council approve the following recommendations of the Policy
and Services Committee from its November 12, 2001 meeting:
Approve the Cib;’s participation in the Santa Cl~a County Valley Transportation
Authorib"s (VTA) Transit Shelter Advertising Pro~am;
2.Authorize the Mayor to execute the attached Implementation Aueement
(Attachment C) with VTA for the Transit Shelter Advertising Pro~am;
Adopt the attached ordinance (Attachment E) amending the Sigma Ordinance of the
Palo Alto Municipal Code to provide for bus shelter advertising; and
4.Rescind the current VTA Ageement dated March 1, 1996 (Attachment D).
Since the Council meeting on November 12, 2001, VTA staff contacted Public Works
and advised that one additional authorization would be required. The current Transit
Shelter ageement identifies a ma~mum number of shelters allowed in the prouam.
Adding the Palo Alto shelters into the progam will require a modification to the e~sting
contract to increase the number of shelters allowed by the contract. Staff therefore
reconmaends that the Ci~, Council approve the following additional recommendation.
Approve expansion of the existing Transit Shelter Advertising prouam to allow
for the additional Palo Alto shelters.
DISCUSSION
At the Policy and Sera4ces meeting on November 14, 2001, the Committee members
raised the following questions regarding the proposed prouam.
CMR:128:02 Page 1 of 3
_~s the shelter invento~y accurate?
Staff has verified that the 30 shelters (Attachment A) are those currently maintained by
the City and.is a complete list of a!l City maintained shelters. There may be additional
shelters within Palo Alto Cits.~ limits but they are privately maintained and were not
installed by VTA.
What is the process for requesting a new shelter and what is the likelihood of the success
of that request?
Staff would request a new shelter from VTA. The implementation of the prouam in Palo
Alto would replace the e~sting thirty shelters and allow for an expansion of an additional
ten shelters. The approval process can take an?~vhere from one to six months. VTA’s
criteria for installing a new shelter includes level of ridership, communi~" enhancement
(proximiD. to schools, hospitals, shopping areas, communiD,~ or senior centers, and other
similar facilities), the surroundingland-use (commercial/industrial versus residential);
and site constraints (sidewalk area, accessibilit?, for ADA, etc). The Ci~~ does retain final
approval with regard to location.
Can the Ciu’ request a~,z ad shelter versus a non-ad shelter?
The contract with Clear Channel requires a 3:1 ratio of ad to non-ad shelters be
maintained. However, the determination of locations for advertisement shelters and non-
advertisement shelters involves a collaborative effort with the City retaining the final
approval.
Fz,~rther clar~ the legal weight of local ordinances, i.e. Ci® sign ordinance; and direct
staff to evaluate local sign ordinance and amend to specif2." areas where advertising is nor
appropriate such as residential, residential arrerials, and neighborhood commercial.
The proposed municipal code amendment authorizes a limited exemption to the City’s
general ban on advertising in public places. The amendment v,-ould permit bus shelter
advertising in locations approved by the Cita~. In general, advertising or other speech
bans on punic property are acceptable unless the property is a "traditional" public forum
like a park. A so-called "limited" punic forum is created when the government opens
public property to some speech activities. Thus. the Cir. is effectively opening bus
shelters to some speech activities. To understand the potential effects of the PAMC
amendment, it has to be read both in the context of the ageement with VTA and First
Amendment law. In general, we would remain concerned that VTA’s power to control
the content of advertising could be challenged, in effect eliminating a layer of protection
the aueement provides. In addition, the law will generally not allow distinctions in
content that favor commercial messages over non-commercial messages. Accordingly, it
is conceivable that non-advertising messages, like political or religious speech, could be
required as a result of opening bus shelters as a limited public forum.
CNLR:128:02 Page 2 of 3
Attachment A:
Attachment B:
.Attachment C:
.Attachment D:
Attachment E:
PREPA_RED BY:
DEPARTMENT t-~AD:
Advertisement Locations
Photo of New Shelters
Ageement with Valley Transportation Agency
Current A~eement with Valley Transportation Agency
Amended Sign Ordinance to Provide for Bus Shetter Advertising
,
PAUL D.OKNSELL
Superintendent Public Works Operauons
GLEiN~z S. ROBERTS
Director of Public Works
L,aX SO
Assistant Cib; Manager
CM2K:128:02 Page 5 ors