HomeMy WebLinkAbout2002-01-28 City Council (6)TO:
FROM:
DATE:
SUBJECT:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER
JANUARY 28, 2002
AGREEMENT WITH
DEPARTMENT: PUBLIC WORKS
CMR:128:02
SANTA CLARA COUNTY VALLEY
TRANSPORTATION AUTHORITY FOR THE TRANSIT SHELTER
MAINTENANCE AND ADVERTISING PROGRAM
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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 City’s participation in the Santa’Clara County Valley Transportation
Authority’s (VTA) Transit Shelter Advertising Program;
Authorize the Mayor to execute the attached Implementation Agreement
(Attachment C) with VTA for the Transit Shelter Advertising Program;
o Adopt the attached ordinance (Attachment E) amending the Sign Ordinance of the
Palo Alto Municipal Code to provide for bus shelter advertising; and
4.Rescind the current VTA Agreement 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 agreement identifies a maximum number of shelters allowed in the program.
Adding the Palo Alto shelters into the program will require a modification to the existing
contract to increase the number of shelters allowed by the contr2act. Staff therefore
recommends that the City Council approve the following additional’recommendation.
o Approve expansion of the existing Transit Shelter Advertising program to allow
for the additional Palo Alto shelters.
DISCUSSION
At the Policy and Services meeting on November 14, 2001, the Committee members
raised the following questions regarding the proposed program.
CMR:128:02 Page 1 of 3
Is the shelter inventory accurate ?
Staff has verified that the 30 shelters (Attachment A) are those currently maintained by
the City and is a complete list of all City maintained shelters. There may be additional
shelters within Palo Alto City 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 program in Palo
Alto would replace the existing thirty shelters and allow for an expansion of an additional
ten shelters. The approval process can take anywhere from one to six months. VTA’s
criteria for installing a new shelter includes level of ridership, community enhancement
(proximity to schools, hospitals, shopping areas, community or senior centers, and other
similar facilities), the surroundingland-use (commercial/industrial versus residential);
and site constraints (sidewalk area, accessibility for ADA, etc). The City does retain final
approval with regard to location.
Can the City request an ad shelter versus a non-ad shelter?
The contract with Clear Channel requires a 3:1 ratio ofad 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.
Further clarify the legal weight of local ordinances, i.e. City sign ordinance," and direct
staff to evaluate local sign ordinance and amend to specify areas where advertising is not
appropriate such as residential, residential arterials, 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 would permit bus shelter
advertising in locations approved by the City. In general, advertising or other speech
bans on public property are acceptable unless the property is a "traditional" public forum
like a park. A so-called "limited" public forum is created when the government opens
public property to some speech activities. Thus, the City 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 agreement 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 agreement 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.
CMR: 128:02 Page 2 of 3
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
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
PREPARED BY:
DEPARTMENT HEAD:
PAUL DORNELL
Superintendent Public Works Operations
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
Assistant City Manager
ClVIR:128:02 Page 3 of 3
ATTACHMENT A
ATTACHMENT B
.
ATTACHMENT C
IMTLEM~ENTATION AGREEMENT FOR
TRANSIT SHELTER ADVERTISING PROGRAM
’This Implementation Agreement ("Agreement’D for Transit Shek¢r Advertising
Program is made this 3 ! st day of October, 1995 (hereinafter referred to as the "Execution
Date"), by and among the Santa Clara County Transit District ("SCCTD"); Patrick Media
Group, Inc. ("Contractor’3; and the following California county and cities: the County
of Santa Clara and-the Cities of.. San Iose, Surmyvale, Santa Clara, Mottutaia View,
Milpitas, Gil.roy, Cupertixto, and Los Altos (the foregoing county and cities ar~
hereinafter sometimes referred to colieetive!y as the "Participating Entities" and
individually as a "Participatin~ Entity" or the "County" and/or a "City", as the ease may
be.)
RECITALS
A. SCCTD and.C0ntraetor entered into that certain Transit Shelter
Advertising Program Agreement dated June 9, 1994 (the "Advertising Agreement"). The
Advertising Agreement provides for the construction by Contractor of up to 564 new bus
shelters at bus stop locations tl~oughout the County of Santa Clara, with three-fourths
(3/4) of-all bus ~elters to cohtain advertising panels, The.Partic!pating.Entitle) are_nQt.: .’
parties to the Advertising Agreeme~, t. As of January 1, 1995, there are approximately
49.0 existing SCCTD bus.shelters loca~d in areas covered by..the Advertising Agreement.
B, The contemplated distribhtion of the proposed 564 bus shelters and, the
current distribution of the existing bus shelters are shown o~ Exhibit A, attached’hereto"
and incorporated txerein by this reference.
Co Subject to the terms and conditions contained in this Agreement, the
¯Participating Entities are willing t6 participate in the Transit Shelter Advertising
Program, ~s set forth in the Advertising Agreement and as amendedby this Agreement.
(The Transit Shelter Advertising Program, as set forth in .the Advertising Agreement and
amended by this Agreement, is hereinafter referred to as the "Program").
NOW,’TI-IE .REFORE, the parties agree as follow:
1. Term of A_ereement. Subject to Sections 3 and 10 hereof, this Agm..ement
shall be for a term of fifteen (15) years aud shall commence on that.date (hereinafter
referred to as the "Effective Date" o£ this Agreement) when all ~onditions set forth in
Section 3 have beefi satisfied. Contractor and SCCTD shall notif7 the Participating
Entities in writing of the satisf.aeti0a of the conditions set forth in Section’3 and of the
Effective Date of this Agreement.
EO’~ 7U101
2. Sub~eqtteut Execution. The parties acknowledge that, pursuant to Section
3, this Agr~ment may become effective even though no~t 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 cornmeneement of the term
¯ of this Agreement. The parties hereby agree that such county and/or such cities may
execute this Agreement, and thereby become subject to this Agreement, at arty 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 Agr.eement at’the 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
Executive Direet0r, City Manager, or equivalent executive 0Ricer, as the ease may be, to
exeeute any such amendment frbm time tO time.
3. Condition to_Effectiveness of A_trreement. 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 ei~,i~s covered by the Advertising Agreement to
result in the incorporation into the P~gram of a minimum of one hundred fifty (I 50)
advertising~shelmrs duringPhase One of~e Program, as provided in. section 415elow. ’
4.Qu.a~afi~and Location of Shelters.
a.Phased Implementation. AS provided inExhibit B, attached hereto
and incorporated herein by this ~eference, the Prognm~ sh’all be implemented in three (3)
phases, as follows:
(1) ~a~)n~. In the fast year after the Eff~tive Date,- a
minimum of one hunted fi.Ry (150) advertising shelters shall be constructed, subject to
the ~um quantifies per city set forth in. Exhibit B. During Phase One, all remaining’
existing shelterz shall, be upgraded to a first-class condition as necessary and maintained .
in accordance wi~h Section 6 ~ereof.
¯(2) ~ Subj.eet to Section 4.6.(3) below, in the second
year after the Effective Date,. with regard to areas ofjtu’isdietion of Parti.cipatlng En~ties
¯°which have approved the Program by complying with-Section 3. hereof, all remaining
existing shelters shah be replaced, .and the aggregate maximum number of advertising
shelters in each of the Participating Entities shall be as provided in Exhibit B. ’
(3) E~a..T.IlI~. Subject to Section 4.b.(3) below, in the third
year after the Effective Date, with regard to are~ ofjttrisdietion of Participating Entities
which have approved the Program by complying wi~h Section. 3. hereof, up to one
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tiundred forty (140) additional new shelters shall be constructed, with the maximum
amofint of types of shelters for each Entity as provided in Exhibit B.
b.Location of Shelters.
(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 loc.ations for advertising shelters to be constructed in Phase One and Phase Two,
but cannot’agree Upo~ thelocation~ornew shelters and/or advertising shelters" r0 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, ,~ubject to the provisions hereof.
c.P0st-In~tallation Changes.
(1) Change to Non-Advertising or to Advertisingl
.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)
da)is’ 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
ch.ange shall not be denied or delayed by Contractor so long as the ratio of advertising
shelters to non-advertising shelters 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) Removal and 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 solg cost, to remove and relocate within thirty (30) days of written
notic~ to Contractor and toa 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 ofjufisdiction. Such right shall be in addition to any fight 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.ShelterIllumination. 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, "
ii~cluding without limitation type of lighting, placement and direction of lighting, and
wattage, shall be subject to approval in advance by the applicable department of’the
Participating Entity where the shelter is lo~ated. Contractor shall be solely responsible
for the costs of sheller ligtiting, including electricity charges and hookup. Contractor. and
the Participating Entities expressly agree that the advertising sh.elters 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 iliuminated at other hours without .the express
writtenConsent of the Participating Entity in whose jurisdiqtion the shelter is located: .....
e. -. Maximum Advertising Shelters. Under no circumstances shall the
quantity of advertising ~helters-in may 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 requi.rements 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 shah pay all required encroachmfnt 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 0fnot 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 Entiti’es Shall issue such
permits within thirty (30) days of complete application therefor.
5. ~. Unless expressly provided otherwise in this Agreement,
shelter d~sign shall be as set forth in the Advertising Agreement. Any Particii~ating
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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, prqvided that (i) the Participating
Entity requests such non-standard design at the time of the approval of the shelter
loe.ati0n 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
n_on-standard design shelter. With regard to shelters of non-standard design existing in
any Participating Entity’s jurisdiction prior to the Effective Date, (a) sfich shelters may
only be replaced by Contractor if Contractor, at Contractor’s cost, replicates the existing
nort-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 o~ any
replication thereof.
6.Maintenance 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 iti accordance with all
provisions of this Section 6.
b.Minimum.Weekly Maintenance. Contractor shall inspect each new
and existing shelter ~it least once each week and shall perform at least the’folIowing: . ’ "
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.
(4~
(5)
Shelter shall be washe’d 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 o_f (i) the observation of
such vandalism or damage by Contractor during weekly maintenance, or (ii) telel~honic 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 replacement,
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 smiter 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 Parfi.cipating Entity upon demand for the expenses incurred by SCCTD
or such Entity in 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 de~.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
(1/3) of the Shelters in its area of jurisdiction as "high-maintenance shelters."
e.Maintenance Log. Contractor. shall submit a montt:dy log of shelter
inspection and maintenance to SCCTD and, for the shelters in the P .articipating Entity’s
jurisdiction, to each Participating Entity wh6 has requested in writing to receive the
monthly log. ..
7..:Advertising A_m’eement Rights.
a.Approvals and Rights. Notwithstanding .anything in the
Advertising Agreement, SCCTD and Contractor expressly acknowledge and agree that
the following approvals or rights grantedto 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 fo~’th 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 approv.e removal or relocation of"unsuital~le
or ,economically unfeasible" shelters (to be joint!y
exercised with SCCTD)
Section III Right to require that an advertising Sl:lelter 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 first refusalto utilize any such space. If such
fight is not exercised by a Participating Entity for a
particular available space, SCCTD may utilize such
spage.
The granting of the foregoing approvals or rights to the Participating Entities as
set forth above shall not affect any conditlons 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 shall not be allowed on any Program bus shelters:
(1)
(2)
(3)
(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 des.cribing explicit sexual
acts, sexual organs, or excrement.
(b) Any nudity (picture or illustration) showing
genitals, pubic hair, perineums, anuses, or anal
regions of atiy person or animal, or any portionof
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
co~pulation, 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 cbntact with a person’s or animal’s
genitals, pubic region, pubic hair, perin, eum, 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 of Participating Entities. SCCTD hereby agrees to
indemnify and hold harmless each Participating Entity and its officers, agents and
employees from any claim, liability, loss, injury or damage arising out of the ~ejection 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 hereinafter as the "Shared Advertising Revenue".) The Advertising Agreement .’ . - .
¯ t~rovides that such payments of Shared Adv.ertising Revenue shall.be paid to SCCTD, at
-various times, by means of a withdrawal from an advance deposit, or by a quarterly
payment, dr by an end-of-calendar-year payment.
b.sCCTD shall pay each Participating Ent.ity 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 includ,e 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 set.forth above, each Participating Efftity 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 $750,0.00 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, !f .
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 uneam.ed 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 all le.dgers, 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 Agreement. This Agreement shall
terminate automatically if the Advertising Agreement is terminated. Without limiting the
foregoing, the parties acknowledge that the Advertising Agreement provides thatit 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 Entitie~ Q}
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 Prhgram in its area,
and Contractor shall have the right to suspend and terminate, as fbllows:
(1) Suspension and Terfnination 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 if a 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 a~ea of jurisdiction of the Participat!ng Entity within
ten (10) working days 0fContractor’s receipt of such notice. During the suspension
period, all shelters in the suspending Entity’s jurisdict!on shall be maintained in.
accordar_t, ee with all provisions of this Agreement, and Contractor, SCCTD and the
Participating Entity shall equally share in the cost of such maintenance.
Furthermore, if advertisittg 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 the-suit 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 main[enance 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 Parti.cipating Entity, or any po.rtion.
thereof as written, then the Participating Entity may terminate this Agreement as?to, that’ .’, :~ .....
Participating Entity upon thirty (30) days’ written notice. Otherwise, the suspension
period~hall 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 ttie 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 o.ne-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, p..ro-rated on the date that notice of Program suspension is
given by Contractor to SCCTD. Upon resumption of the Program, such uneam~d portion.
shall be returned.to SCCTD, and the term of the Agreement shall be extended by a period
.of time equal to the length of the suspension period., r
Furthermore, if advertising for more than on.e-half. (1/2) of the advertising shelters
in th’e 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 ~ursuant 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 date notice of
termination is given, except for any covered 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 shetters asserted
after the termination date in accordance with Section 11 hereof and for which the date of
occurrence of such inj ury 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 o.f any of theil-
obligations hereunder or under the Advertising Agreement with regard to the bus shelters
in the area of jurisdiction of the.Pa_q.icipating 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 theAdvertising Agreement shall be applicable to any termination
of the AdvertisingA-greement 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 afiy fights 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. ~. Contractor shall indemnify, defend, and hold harmless
each PartMpating 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 ot damage caused solely by the
acts or omissions of such Entity’s officers, agents or employees. It is the intent 6fthe
parties to thi~ Agreement to provide the broadest possible indemnification coverage for
the Participating Entities. The obligations set forth in this Section 11 shall survive any
termination of this 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 Contractoras 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 filed 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 Contradtor’s cost, risk ~.nd expense; and
(iii) to compromise or settle such claim in cdnsultation with the Participating Entity. A
Participating Entity shall cooperate in all reasonable respects with the Contractor an-d its
oattomeys in the investigation; trial and defense of any.Claim or lawsuit,or action..and .::"... " . ~.- - ¯
appeal .arising therefrom; provided, however, that if the Contractor has ass.umed the
defense of any claim, a Participating Entity may, at its own cost, participate in the
investigation, tri~il and defense of any lawsuit or action and any appeal arising therefrom.
The Paities shall cooperate with each other in any notifications toinsurers.
For any challenge tO the validity of a Participatifig Entity’s sign la.w~, a
Participating Entity, atits 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
discr.etion 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 relocatioh 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 lJrovision of the Program,
without the prior written approval of the Participating Entities,~which approval may be
given or withheld by any of such entities in 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.x-Contractor and SCCTD shall,not discriminate, inany - -
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 arty 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 bf 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. Not~es. All-notices and other communications required or permitted to be
given’ under this Agreement shall be i.n writing and shall be personally served or tnailed,
postage prepaid and return receipt r.equested, addressed to the respective parties as
follows:
to Contractor:Patrick Media Group, Inc.
1601 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
Attn: Peter M. Cipolla, General Manager
to Participating Entities:
As provided on Exhibit E attached hereto
and incorporated herein by this r~ferenee.
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 State~ Distfi, ct Court for the
Northern District of California, San Jose, California.
18: ExeCution by Counter!part. 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 agreethat .any shelters located on State thoroughfares within a City’s legal
boundaries sh~tll be considerec~ shelters in that City’s area ofjurisdicti6n for all purposes
of this Agreement.
14
b.For purl~.oses 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 CQunty of Santa
Clara with regard to any Participating Entity approvals andYor 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 ob!igations
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: ..
Section I-D-5 19?s~\~/s. t’~- ~’
Section II-B-2 R~o,--k~" p . I\
Section VI-J AA Re~~ ~. I~
Section VIII-B ~oked~ ~3’ I ~
Section VIIi-C-l, 2, 4, 5 Z,~[[~’~
Section VIII-D-3,4 ~{~ ~- ~
Section ~II-E H~,~/c~cs,
b. For purposes of this Section 20, shelters within a City’s a.tea of
jufi’sdiction 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.
21. Administrative Authority..
Any approval, request or Other act required or permitted to be "
given by SCCTD or a Participating Entity underthis Agreement, e~xcept for that approval
required by Section 3.a. hereof, may be given on behalf of SC~TD 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 tl’te date
first set forth above.
"Contractor"
PATRICK MEDIA GROUP, INC.
By:
William G. Hooper
Regional President
Approved as to Form:
Legal
"SCCTD"
¯ SANTA CLARA COUNTY
. .TRANSIT~CT
Peter M. Cipolla "
General Manager
16
By:
ATTEST:
>hyl~C~erez z::57
Clerk of the Board of Supervisors
"Particip _ating Entities"
COUNTY OF SANTA CLARA
By:
Michael M2 ’~. nda, Chairperson
Santa Clar~, Co.unty
Board of StipePCisgr,s
APPROVED AS TO FORM AND
LEGALITY:
.
Kathy, Kr~telui!ier’ ’
Deputy County Cgunsel
Approved as to Form:CITY OF SAN JOSE
Deputy City Attomey
By:
Name:
Title:
CITY OF SUNNYVALE
By:
Name: Thomas F, Lewcock
Title: City Manager
.17.
"Participating Entities" ..
COUNTY OF SANTA CLARA
ATTEST:
By:
Michael M. Honda, Chairpe.rson
santa Clara County
Board of Supervisors
Phyllis Perez
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND
LEGALITY:
Kathy Kreteluner
Deputy County Counsel
Approved as to form:
Sr Deputy City Attomey
CITY OF SAN JOSE
Nina S. Gi~ays, "
Assistant tO the City Manager
CITY OF SUNNYVALE
By:
Name: Thomas F. Lewcock
Title: City Manager
t
"Participating Entities"
¯ COUNTY OF SANTA CLARA
ATTEST:
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 Kretcbaxtdr
Deputy County Counsel
Approved as to foma:CITY OF SAN JOSE
Sr. Deputy City Attorney By:
Regina V: K. Williams
City Manager. "
~"~T. CITY ATTORNEY
CITY OF SUNNi~ALE
Name: 2~do ~as F. Lewcock
Title: City Manager
CITY OF GILP(OY
Title.
CITY OF CAMPBELL
By:
Name:
Title:
CITY OF CUPERTINO
BVI
Name:
Title:
CITY OF MOR:GAN HILL
By:
Name:
Title:
CITY OF LOS ALTOS
By’.
Name:
Ti.tle:
18
CITY OF CUPERTINO:
Approved as to form:
Mayor
CiW Attorney City Clerk
CITY OF LOS ALTOS:
Approved as to form:
Mayor
City Attorney City Clerk
CITY OF CUPERTINO
By:
Name:
Title:
APPROVED AS TO FORM:CITY OF LOS ALTOS
Legal Cotmsel
By:
Name:
Title:
D IANNE (;ERSHUNY
CITY MANAGER
CITY OF SANTA CLARA
ATTEST :
JU~CCIGN6NE, ~fty Clerk
By:
.Mayor
APPROVED AS TO FORM:
,
Assistant City Attorney
~ty M~Jnager
Address:1500 Warburton Avenue
Santa qlara,-.CA 95050
Telephone: .(408) 984-3000
Impl.ementation Agreement For Transit SheLter Advertising Program
CITy OF SANTA CLARA-
APPROVED AS TO CONTENT:
FINANCIAL APPROVAL:
Director
~
C!TY OF MOUNTAIN VIEW,
a municipal ~orpomtion
By:
Tide:
CITY OF MILPITAS
By:
¯ Name:
’ Tirle:
CITY OF GILROY
By:
Narn=:
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: .
Finance and Administrative Services
Director
By:
Title:
G~klL BLALOCK, City Clerk
CITY OF MILPITAS
, t_~---~
~lt~lle: LAWRENCE M. MOORE
Title: City Manager
CITY OF GILROY
By:
Na~ne:
Title:
Exhibit A
EXISTING AND PROPOSED TRANSIT SHELTERS
PARTICIPATING
JURISDICTION
San Jose
Sunnyvale
Santa Clara
Mountain View
180
31
26
18
EST. TOTAL
EXISTING
SHELTERS
18
39~
-.10
11
5
44
51
382 564
EST. TOTAL NEW
SHELTERS
(PHASES 1, 2,& 3)
243
42
35
25
25
53
14
15
7
~ 54
Milpitas
County
Gilroy
Cupertino
Los Altos
Other (Light RaiI,Cal-,,
Train, Fed, College)
Additional Available Shelters for Phase 3
TOTAL
~
ATTACHMENT D
BUS SHELTER MAINTENANCE AGREEMENT
The Bus Shelter Maintenance Agreement is made effective
March i, 1996, by and between the City of Palo 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
.. C. The City has agreed to assume maintenance
responsibility for the existing District-owned shelters within its
jurisdiction;
AGREEMENT:
NOW, THEREFORE, for-viluable 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 ii 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 will be solely responsible for any claim,
liability, loss, injury or damage arising out of or in connection
with the bus sheltermaintenance and repair obligations of City set
forth herein.
6. City will provide to District a telephone number
tha.t 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 sheltersspecified herein. For
emergencies after normal hours, weekends, and holidays, the
District shall contact the City of Palo Alto Communications at
960903 lae 0031338
1
(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 relocate 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.
I0. This Agreement shall continue in effect as long as
mutually agreed upon by both parties.
CITY
By:Fleming
Manager
DISTRI
Pe~e~ M .... Cfpdll& " "
General Manager
A~PROVED AS TO FORM:APPROVED AS TO FORM:
Senior Asst. City Attorney Kevi~ Allmand
Senior Assistant Counsel
960903 ]so 003133~
2
ATTACHMENT E
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING 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
follow~:
SECTION I. Findings and Declarations,
finds and declares as follows:
The City Council
(a) The Santa Clara County Transit District
("District~) owns and formerly maintained bus shelters within
the City of Palo Alto; and
(b) In 1995 the District entered, into an agreement
with Patrick Media ("Patrick"), whegeby Patrick agreed to
upgrade and maintain all bus shelters within the District, in
exchange, fo~ 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 those 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 Palo Alto
Municipal Code; and
(f) The City Council has considered the matter and
finds that participation in the program, including amendment of
the Sign Ordinance, is in the public interest;
//
//
//
011108 sm 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.
Unless otherwise expressly provided in this chapter,
A~II signs shall comply with the following location
requirements:
(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.
(i) Nothing in this section shal! apply to the
installation of terrazzo sidewalks or sidewalks of similar
............ ~_QD~G~., . S ~_ew~ ~..~ ~mg_~9_~y ~ ._ ~q~_e~ _ hY__9~_._ ~._.dmi~u~.. _~ ....
the material of which the sidewalks is constructed and for which
the department of public works has gr~nted a written permit.
(2) Nothing in this section shall Apply ’to the
painting of house numbers on curbs pursuant to Chapter 16.36.
(3) Application may be made for an encroachment
permit pursuant to Chapter 12.12 for the installation of a metal
plaque commemorating an historical, cultural or artistic event,
location or personality. The department of public works may
grant such an encroachment permit only upon the .approval of the
city counci!.
(4) Application may be made for an encroachment
permit pursuant to Chapter 12.12 for a portable sign to be
placed on public property. The department of public works may
grant such an encroachment permit only.upon the approval of the
sign, pursuant to Chapter 16.48 and pursuant to the guidelines
for portable signs adopted by the architectural review board.
(5) Application may be made, pursuant to Section
16.20.050, for a temporary sign on public property if the sign
commemorates or relates to a season or an historical, cultural
or artistic event.
0 II 108 sm 0052871 2
(6) Any sign found posted on public property
contrary to the provisions of this section may be removed by the
division of inspectional services or the police department.
(b)Fire e~capes. 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 except on a theater.
(d) Traffic. No sign shall be erected in such a
manner that 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 at the intersection of any street improved for
vehicular traffic, within a triangular area formed by the curb
lines, and their projection and a line connecting them at points
thirty-five feet from the intersecti6n of the projected curb
lines, unless the sign, in compliance with the provisions of
this chapter, 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 eight inches.
(f) Residential districts. No sign shall be erected
in any residential district except as provided below:
(I) Churches and other organizations. In all
residential districts churches and other permitted or
conditional uses in the district may erect signs On the premises
identifying the premises or announcing activities ther4on.
(2) Identifying. signs.In all residential
dist’ricts except R-I, R-E and R-2,signs may be erected
identifying the property or building on which the .sign is
situated.
(3) Special purpose signs.Special purpose
signs may be erected in residential districts in compliance with
the provisions of Section 16.20.160.
(4) Size and height. Except as otherwise
provided in Section 16.20.160, wall signs in ~esidential
districts shall not exceed an area of one square foot of sign
011108 sm 0052871 3
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 combination of signs shall have an
area greater than one hundred fifty square feet. Freestanding
signs shall meet the requirements of Table 11. No projecting
signs or roof signs shall be erected.
(5) Lighting of signs. No sign in a residential
district shall be constructed in such a way that any light bulb,
light 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 Co 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
other landscaped limited access street or highway except 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.
SECTION3. Section 16.20.160 of the Palo Alto Municipal
Code is hereby amended to read as follows:
16.20.160 Special purpose signs.
(a) Permit required. Signs for the special purposes
set forth in this subsection (a) shall be permitted as provided
~ Table I, referred to herein, can be found at the end of
this chapter.
011108 sm 0052871 4
herein upon obtaining design review and a permit as set forth in
Section 16.20.020.
(I) Directory signs. In all 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 shall 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 peT 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 architehts, engineers and construction organizations
participating in the project. In residential districts, no such
sign shall exceed twelve square feet in area and no freestanding
Sign shall exceed five feet in height. In other districts no
-s-ign shall exceed th~ are~ ~or--t~e appl-fc~l~-f~n-t-~ge
in Table. 11 and no freestanding ’sign shall exceed ~eight feet in
height. All such signs shall.be removed before a final release
on the construction is given by the building offidial.
(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 s±gns shall 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.businesseson the
same site. Such signs shall be located on the property to which
they pertain, shall 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 hot be permitted in R-E, R-I, or R-2 districts.
(4) Subdivision signs.Any person or firm
offering real estate for sale in an approved subdivision may
erect not more than two signs indicating the !ocation of the
subdivision. No such sign shall exceed forty square feet in
area. Such signs may .state the name of the subdivider or
subdivision or both. No such sign shal! be" erected on or
situate~ within one hundred feet of any occupied residential
011108 sm 0052871
property. No such sign shall be illuminated. The permit for
any such sign shall be issued for a period of six months. At
the end of such period additional extensions of ninety days each
may be granted by the building official for good c~use shown.
Upon expiration of the permft or any extension thereof the sign
shall 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
prdvisions of Chapter 2.26 and the architectural review board in
accordance with the provisions of Chapter 16.48.Additionally,
the f~llowing provisions shall apply:~-
(A) The provisions of Section 16.20.130
shall be applicable to said.murals except {hat no part of a
mural shall be counted as part of the allowable ~ign area for
the off-site location.
(B) Murals must be painted directly on a
building wall; no pennants or the like may be used.
(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 jury shall establish a’
maximum time period for the existence of a mural.
(F) The property owner shall be responsible
for removing the mural at the completion of the authorized time
period; however, nothing shall prevent an agreement that t~e
9onprofit 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.
011108 sm 0052871 6
(H) Murals which are erected on city
property or with city moneys shall be regulated solely by the
provisions of Section 16.20.100 and Chap<er 2.26.
(6) Transit shelter advertisinq siqns.
Informational and advertisinq siqns may be erected on transit
shelters furnished by contract with the Santa Clara County
~.~_~_~_i.~.~., .... provided that the shelter .prototy~ Ibut not
each individual shelter or siqgQ has been ~pgroved h~_ <_h~
Architectural Review Board, that the location of each shelter
containin~ advertisinq signs has been ~p~roved in wri___t]n__q b___v_the
D_i_r~g~g~.__g~_~.!9_n.n~!~_g. and Communit.z__~v!!~.~_.me_~t__.Qr ~D_@~._a~_~
~__~_~_r.~.Gh__mg~___pe rmi t ._h~ .... b_e_~_.~.~_iiD~ .... p u r s uant t o
~£~£r__!~.__l_2___.~£i__9~h._£~9!~g! placed on public property.
(b) No permit required.Signs for the special
purposes set forth in this subsection (b) shall be permitted as
provided herein without design review or a permit being
required.
(I) For sale or lease signs. In-all districts
signs may be erected on tell estate, advertising such real
estate for sale or lease. ~In R-l, R-E, and R-2 districts such
signs shall not exceed an area of six squar~ feet. In all other
districts such signs shall meet with the requirements set forth
in Table 1~’
(2) Political signs. Political signs may be
erected in conformity with this chapter including Section
16.20.100 which prohibits signs on public property. In
addition, an election sign must be completely removed no later
than six days following the day of the election to which it
relates. Any election sighnot removed within six days shall be
considered abandoned and shall be removed by the building
division.
(3) Window signs. A place of business which
sells go~ds or services toconsumers may install and maintain
signs on the interior face of a window of the premises or in a
position inside such place of business, otherwise viewable
through a window of the premisgs, subject to the following
conditions:
(A) No more than twenty percent of the
total window space on a wall may be covered by window signs at
any time.
011108 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 the Palo
Alto Municipal Code shall be $300.00, increased annually by the
inbrease in the consumer Prihe Index for the San Francisco:
Oakland-San Jose Metropolitan area for all~ Urban Consumers. The
Municipal Fee Schedule is hereby amended to provide f~r such
fee.
SECTION 5. The C6uncil finds that this project is
exempt from the provisions of the California Environmental
Quality Act ("CEQA") pursuant to Sections 15301 Existing
Facilities) and 15302 (Replacement or Reconstruction) of the
CEQA Guidelines.
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O11108 sm 0052871 8
SECTION 6. This ordinance shall be effective
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
on
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
City Attorney City Manager
Director of Planning and
Community Environment
Director of Administrative
Services
the
011108 sm 0052871 9