HomeMy WebLinkAbout0436.095•
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City of Palo Alto
__ C_ity _Manager's SummarL Report
HONORABLE CITY COUNCIL
FROM: DEPARTMEN'f: PLANNL'l/G
AGENDA DATE: October 10, 1995 CMR:436:9S
SUBJECT: Santa Clara County Transit District Request that the City of
Palo Alto Approve Trallsit Shelter Advertismg Program and
Implementation Agreement
REQUEST
The Santa Clara County Transit District has entered into an agreement with Patri<:k Media
wheo'eby Patrick would iostaII and maintain an of tile C<>Ul1ty transit shelters (ie., bus and
Iightrail). in exchange for the right to install conunercial advertising panels in l!P to 15
percent of the sheltefs, over the fift«n year term of the agreement "fbe District is
requesting Iha! Palo Alto agree 10 participate in Phase I of the Transit Shelter Advertising
progiam by approving the attached Implementation Agreemenl (Atta<:bmenl 4). wbic!> sets
b1h sIandard terms and conditions fOr implementing the program throughout the C<>Ul1ty,
and by identifYing a limited number of locations within Palo Alto where advertising
shelters wonld be installed during Phase I of the program.
RECQMMENDATlONS
Staff recommends that the C.()UIlCil:
(I) Give conceptual awoval oftbe City's participation in the fOr Transit Shelter
Advertising Program;
(2) Approve the installation of up 10 eleven advertising shelters at Iocalions
limited to the EI Camino Real corrido< a."d Stanford Research Park (as
in<fu:ated 00 Attachment 2);
(3) Direct staff 10 prepare appropriate amendments Ie> the Municipal CoOO Sign
Ordinance, wbich will be returned 10 Council with the Implementation
Agreement, for final awoval;
(4) Direct staff to pursue amendments 10 the Municipal Fee Schedule for
unmeIered electri<: serW:e 10 bus shebers and Encroachment Permits for bus
shelters; and,
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(5) Direcl staff 10 return to Council one year aller lbe installation nfthe Phase
1 advertising shelters, with an evalu.tion repo.-t and recommendation
regarding the City's participation in Phase 2 of the Transit Shelter
Advertising Program.
POLICY IMPLICATIONS
The provision of, impro,'emenl to, or increase in bus stop amenities generaUy is
coosi!:teOl with Comprebensive Plan Transportation Policies 1 and 2, whkh advocate
improving mass transit and increasing transit ridership.
The Comprehensive Plan Urban Design Program 4 states lbat the City should
discourage garish signs througb sign regulations and design standards, and encourage
signs thaI blend with the site and the area. Accordingly, the City's Sigil ordinance
(FAMC Chapter 16.20) currently prohibits \>il!boards, off-premise advertismg, and
advertising on public rights-of-way. Approval of the agreement will require an
amendmeDllo the sig>! ordinance. The limited number of signs in Phase 1 is small and
would not constitute a departure from the Comprehensive Plan; Powever, pactkipation
in Phases 2 and 3, which would involve considerably more advertising shelters, might
require further policy considera60ns.
EXECUTIVE SUMMARY
The Transit District has approxilrultely 420 bus shelters located throughout Santa C1ara
County. In the pas!. the cost of cleaning and maintaining these shelters was approximately
$500,000 annuaJJy. The Dis!rict's goal in pursuing the transit sbelter advertising program
is 10 pro'IIide higber quaIity, wen-lil shelters and impn,...d maintenance, at no COSIlo local
agencies. The program will be phased over three years. 10 Phase l, Patrick Media will
ins<..a!I 150 advertising sbelters at existing shelter locations and upgrade all of the
remaining shelters tQ first·dass cooditiorL In Phase 2, the second year, aU of the
remaining existing shelters will be replaced. 10 Phase 5, the third year, up 10 140 new
shehers will be insIalled. During each pbase of implementation, 75 percent of the shelters
would contain twc>-sided, back-lit, 4 fool by 6 fool advertising panels; lbe remaining 25
percent would be advertising free.
Currently, the District maintains 24 bus shelters in Palo Alto. The District is requesting
that Palo AltQ approve the installation of eleven ad,'ertising shelters in Phase 1 of the
agreement, nine locations from a list of twelve proposed uPalo Alto" sites and two
additional "County" locations on Page Mill Road, • County expressway.
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The pi"oposed advertisirlg program. wlul. it conflicts wilb existing City policies 10
disallow billboards and off-premi.se advertising. would further City and regional objectives
to encourage transit ridership and reduce single-occupant vehicle use by funding
additiooaI upgraded bus shelters" Current bus sheltels are located at Ibe busiest bus stops
in Palo Alto, and :he loss of these amenities would adversely impact curren! riders. Based
on the limited number of advertising shelters the City is being asked \0 appcove by
participating in !'base I, and given the fiscal implications of Ibe alternatives 10 the
program, staff has concluded Iba! the City should agree to participate in Phase 1 of:he
program. The City will not be obligated 10 partkipate in !'bases 2 or :3 of the program.
In the event :he City {iatticipates in PIlase I, but does no( participate in Phases 2 or 3,
Pa!rick Media will continue 10 maintain an of the ad and OOIl-ad shelters in lb. Cit)' over
the full term of the agreement.
Staffhas reviewed the Iocatic,,-, on the Palo Alto list and recommends Iba! seven locations
00 EI Camino Rea! and two locations on Hanover Street be selected from the ~Palo Alto"
list. Staff also re<:ommends approval of:he two "County" sites 00 Page Mill Road, as
indicated 00 Attachment 2.
Before the City can eKectlte the hnplementation Agreement, the City's sign regulations
mum be amended" If the Council agrees in concept 10 the City's participation in the
program. staff will prepare an ordinance ameoomg the MWlicipal Code, for Council
coosideratioo.
As alternatives 10 the recommended course of action, Council could roosKler the
fOIlov.ing: (1) reject the prognun and have the City assume responsibility foc the transit
shelters in Palo Alto, and accept the related costs of$58,100 to S87,400 foe Ibe first year
and $38,700 10 S61,400 in subsequent years (tl".is alternative would require additional
slaffing and budgetary considerations, which are addressed in the subsequent report); or
(2) reject the program and accept Ibe potential removal of an of the transit sbelters in Palo
Alto; or (3) reject the program and consider trying to establish a more financially
attractive City based bus sbelt.,.. advertising program.
FISCAL IMPACT
The District will share haif oflbe net ad\'ertising revenue it receives from Patrick Media
with the participating agencies. For each advertising shelter, the local ageoey will receive
a guaranteed minimum of S300Iyear or up 10 S6451year, depending upon the amount of
advertising revenues generated. If Palo Alto agrees 10 participate in I1lase I of Ibe transit
sheTter advertising program, the C;ty would realize a minimal increase in revenues of
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52.700 to $5.goo per year. The City can ask to recei\. a lump sum advance of
approximately 522,000, in lieu of quarterly payments.
ENVIRONMENTAL ASSESSMENT
The Transit District is the lead agency under CEQA ar.d the City is a responsIble agency.
No enviroomental assessmenl is required fur denial of a proposed project If the City
CoonciI oooceptuaIly approves the project, it would direct staff 10 prepare the necesSa/)'
code cbanges; and an appropriate environmental assessment will be done al that time.
Since the CoonciI would be approving the City's participation only in Phase I of the
projed, under CEQA cbaplers I S30 J and I S302. the instaIlabon of new advertising
shehers al existing sheller locations would be considered a modification of existing
facilities. and, thefefore. would be categorica.1y exempt Further environmental review
would be required if and wben the City CoWlCll approves City participation in Phases 2
. and 3 of the project
Prepared By: Gayle Likens, Senior Planner
Department Head Review: ~TIffsc1~i!w.bi
Director ol P1a'Uling
. Cornnmnity EIlvirorunent
/J
City Manager Aw-oval:
CMlb'3<i1>S PJ&e4-A16
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City of Palo Alto
City Manager's Report
SUBJECT: Santa Clara County Transit District Request that the City of Palo Alto
Approve Transit Sbelter Advertising Program and Implementation
Agreement
RECOMMENDATIONS
Staff recommends that the Council:
(I) Give conceptual approval for the City's participation in the Transit Shelter
Advertising Program;
(2) Approve the installa'joo of eleven advertising shelters at locations limited 10
the El Camino Real corridor and the Stanf«d Research Park (as indicated
011 Attachment 2);
(3) Direct stafflo prepare appropriate amendments 10 the Municipal Code Sign
Ordinance, which will be returned to Council with the Irnp!emenlatioo
Agreement, for final approval;
(4) Direct staff to pursue amendments to the Municipal Fee Schedule for
unmetered electric ~ to bus shelters and Encroachment Permits for bus
shelters; and.
(5) Direct staff to return 10 Council ooe year after the installation of the Phase I
advertising shellers with an evaluatioo report and recommendation regarding
the City's participation in Phase 2 of the Transit Shelter Advertising
Program.
BACKGROIIND
In June 1994 the Sanla Clara County Transit District and Patrick Media Group, Inc.
entered into an agreement to provide a transit shelter advertising program. The cOIltract
with Patrick Media is for 15 years and provides for the lru.'1aTIation of up to 564 OOS
sheltCl3, a net in<:rease of [44 shelters over the CUrTe[}( number in the CoUnly. Seventy
five percent of the shelters will contain advertising panels. The transit sbelter advertising
program was originally scheduled for City Council review in Octobet-[994
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(CMR:463:94). However, pri()( \0 the meeting. Transit District staff requested that the
Cilydefer action on this matter pending action on the program by the City of San Jose.
The ~ between the District and Patrick Media was entered into prior to the recent
changes in the organization of the Transit District, which gave greater voice to the cities
in Santa Oara County. Staff and legal co=1 for the cities did oot betieve that the
agreement adequately protected the cities, and requested that the District and Patrick
Media negotiate a separate agreement with the cities and the C-Ounty. which would give
local agencies more control over the sbelters in their respective juri sdictioos. and more
protection from tiability. The ,arioos entities have been negotiating such an agreement
since November 1994. and the attached Implementation Agreement is the result of those
negoliatioos. &n Jose bas been the ooving lOre. in these discussions and the first ageDC}'
10 request a muhi-patly agreement, which would establish uniform terms and conditions
for the program from jurisdiction \0 jurisdiction.
The Implemen!ation Agreement would go into effect and the program begin, if a sufficient
nwnberofjurisdictions (cities and the County) approve the agreement and authorize the
installation of a minimum of ISO advertistng shelters during Phase I of the program, by
Dc!ober 31, 1995. In the agreement, L'>e Distr'.ct has proposed locations for 153
advertising sbelters, distriOuted among the cities and Coonty proportionately. based on the
number of existing shelters in each community. If one or more agencies decide oot 10
approve participation in the program, the Di.,trict would need 10 look for alternative sifes
in the remaining jurisdictions. 10 replace the nnmber of advertising shelters from the 1100-
participating jurisdictions. Such actions could impact the !mplementation timeline set
forth in the agreement In June 1995. the San Jose City Council approved the program
in ~p4, including the number of locations where advertising sheller> would be
allowed, to meet their quota Four otller cities approved the program in September. The
remainingjurisdictioos are scheduled 10 consider this matter later this month. The current
status in each jurisdiction is as ir,ruca!ed:
No. Phase 1 A~
Jurlsd'octlon Shelters Propo<ed by 51 A rus
D'.strict
San Jose 73 City Council' approved program in concept ancf ad sheTter
locations in June Sche4uTed for final City Council approval
on October 17. 1995
Sunn e 12 S<hedu1ed for Cit Cound on Oc1obeT24, 1995
Sanla C1ara 10 S<heduTed for C Coond OD October 17. 1995
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No. Phase I Ad
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Jurisdiction Sl>el~. P'OjX)sed by S t A TUS
Di.ruK:t
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Mil -~ Scheduled for Ci Couo,~ ad October 17, 1995
GiIr 4 Cound 00 Se lember 5, 1995
Cam bell 4 . Cou",~ on October 17. 1995
Cu 4
Mor Hi!! 2
Los Gat.,. o
3 Locations 10 be approved by secm
Palo Alto 9 City Council conslderatioo scheduled for October lO. 1995
Terms of Implementation Arreemept (or Trans.it Shelter Advertising Pr_ugrIDl
Advertising
I'M: agreement stipollates that advertising can be installed in 15 percent of the shelters.
The remaining 25 percent of the shelters will no! have commercial advertising. Unsold
advertising space ill the advertising shelters may be offered 10 the local jurisdictions. used
by the Transit District, or used for public se",ice advertising.
The local jurisdiction will bave complete control over the appl"O>al of locations for
a<M=rtising shelters. Even after an advertising shelter is inslaUed, a city may request that
it be removed and anotber more suitable location substituted.
Oversight of Advertising Content
The agreement stipo!Ia!es that no advertisernenl promoting the sale of a1cobo1 or tobacro
will be permitted, nor will advertising that is obscene or pornographic, defamatory,
misleading, or false. However, due 10 First Amendment considerations, the cities will
have no legal control over the content of any advertisements which may be c<msidered
"objectionable" in other wa.l''s. Should complain!S be received about the naMe of
advertising, the cities' recourse would be 10 refer the cor>«ms to the District.
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Sbelter Design and Maintenance
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The shehers will be fabricated of alwninwn with !emptred glass panels sirru1ar in size and
design to the ",osting shelters. The sbelters will have lighting for security during hours
of bus service and will comply with Americans with Disabilities Act requirements for
accessibility, signage, etc. The advertising panel (approximately" reet by 6 feet} is two
sided, back·lit, and installed at the far (downstream) end of the shelter. It will be visJble
to tr2ffic in both directions (see Attachment 3 for typical shelter design).
All of the shelters will be inspected, c1eane.d, trash coDecled once a week, and repaired
as n::eded. Reports of graffiti, vaooaliSm, etc. will be responded 10 witJ-rin 48 hours or
"itbin 24 hours in emergency situations. If Patrick Media does not meet its obligations
under the agreement, the City or District may perfonn the maintenance and obtain
reimbw"semenl from Patrick Media.
Program Phasing
The project woold be implemented in three pIlases over the next three years. During
Fbase I, a!O!al of ISO advertising sbelters would be instaned. These advertising shelters
wonld be replacements for existing shelters. The remaining non-advertising shelters
. would be upgraded 10 a first-class coodition.
Phases 2 and 3 would expand the program untll a maximum of 564 shelters bave been
iDstaIIed. These pbases are optional for eacb participating jurisdiction. During Phase 2
it is anIicipa!ed thai all of the existing shehers would be repl2ced within those jurisdictions
that agree 10 participate in Phase 2. During Phase 3, up 10 140 new shelters would be
installed countywide within participating jurisdictions, as indicated in Exhibit B of the
agreement
The implementation agreement attempts 10 distribute the advertising shelters, on an
equitable basis, among the local jurisdictions. The plan is to install the adver'.ising
shehers at existing Ioc:ations, to the exlent feaSlble. Approximately 40 percent of existing
shelters within each jurisdiction would be converted to advertising shelters in Phase I.
By the end of Phase 3, 75 percent of the shelters in each jurisdiction would bave
advertising.
RI'Venue Sharing
The DisLrict has agreed to share 50 percent of the advertising revenue received from
Patrick Media with the participating ageocies. For eacb advertising shelter, the local
agency will receive a guaranteed minimum of BOO/year ($25 per mootb) or up 10
approximately $6451year, based on the District receiving IS percent of the cumulative net
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. advertising revenue from Patrick Media. Patrick has agreed 10 pay the District a $750,000
advance on the projected advertising revenu~, upon issuance of J 50 adverti<ing shelter
permits. Half of this advance payment ($375,000) win be shared with the participating
local agencies. Each local agency may request that its proportionate share of the
$37S.OOO advance be distributed after the payment has been received by the District.
Distria staffhave estimated 1hat Palo Alto's share of the advance wO'Jld be awoximately
$22,000.
POLley IMPLICATIONS
The current County Transit (non-advertising) bus sbelter program is consistent with
Comprehensive Plan Transportalioo Policy I: Improve Mass Transit, and Policy 2:
Increase Transit Ridership.
Accordingly, the City's sign ordinance (pAMC Olapter 16.2Q) cU/Teotiy prohibits
billboards. oIf-premise advertising, and advertising on public property. Chapler 16.20
contains two pro";.sions whiclJ relate 10 this program:
Sec!jon 16 20 100. This section stipulates that no sign sball be placed on any public
property, including sidewalks. unless it commemorates or relates 10 a season,
historical. cultural, or artistic event. This section also prohibits signs in residential
districts (with limited exceptions).
Se<1joo ! 6 20 090. This section prorubits any sign to be erected or nsed roc
advertising purposes of any kind, except such signs as shall be located on a place of
business. This section prolubits off-site SigllS and outdoor billboards, and, thus,
preempts the state billboard laws of the Outdoor Advertising Act
1f the City were to agree 10 the bus sbelter advertising program, an amendment 10 the
pertinenI sections of the sign ordinance would be required. to expressly permit such off
premise advertising ~ this program.
DISCUSSION
Number and Location ofAdyertjsin~ Shellers jn Pillo NIQ
Ther. are currently 24 bus shelters in Pa 10 Aho wbich were installed. and are Il()W
maintained. by the District. Twenty-three are located on arterial or collector slCe<:ts.
including three Downtown, one in Midtown, seven 00 EI Camino Real (a Slate highway)
and two 011 Page Mill Road (County expressway). The remaining shelter is at the transit
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bay within the SlanfO!d Shopping Center. ()PJy one .hel:er. O!I California Avenue
opposite Oberlin, is in p!eximity 10 a residential district The locations oCthe existing
shehers are shown on the attacbed map (Attachment I). There are a limiled nurnberof
additiooal shellers in Palo Alto that are no! maintained by the District, and are the
respOnsibility ofpri"a1e developers (j( property o",netS. Most of these shelters have been
insIa!Ied as the result of conditions of approval of private develcprnen!s. and are Do! being
considered fur the program at this time.
The District and Patrick Media bave requested that Palo Alto select nine locations from
a lis! of twelve proposed siles. where advertising shelters would be located in Pal" Alto.
In addition. the District bas identified MO additional locations on Page Mill Road, a
County Express...ay. where advertising shelters are proposed. For these locations. the
District is requesting approval from the County and the City. Thus. the Io!a! number of
advertising shelter Iocatioos in Palo Alto is reany II of the 24 bus stops where the District
now maintains shelters.
While Patrick and the District have proposed ekven sites in Palo AI!(). DO detailed site
studies bave beeD performed. Some locations may be infeasible due 10 technical
problems or due 10 lack of approval from prh"ate property owners. If some locations
are determined 10 be infeasible. Patrick Media and the District woold pt"opose
alternative locations.
The Utilities Department cautions that power may not be readily available at each
existing or proposed location. While the contractoc w!ll bear all the ronstruction and
service costs. electric service 10 some of the installations may be tecbnjcally infeasible
or the cost may be pt"oo.ibitive. Furthermore. the Uttlities Department would need to
establisb a new interim fla! rate foc unmelered servke at bus shelters, and then return
to Council for approval of. flnal rate.
Four of the twelve locations on the Palo Alto list are listed as "private property".
Damely Stanford University lands. Until requested by the City 10 00 so recently. the
District had not contacted Stanford officials 10 determine iC the University woold be
amenable 10 allowing advertising sbelters at tOe Stanfocd Shopping Center or Stanford
Medical Center_
Slanford Planning Oflke bas provided staff with preliminary comments. after re''-:wing
the pt"oposed locations of advertising shelters in Palo Alto. They 00 not consider
advertising appml'nale OIl the campus oc at !be Stanford Hospital oc Medical Center (e.g.,
at the bus stop 00. Pasteur and Blake Wilbur). Management of the Stanford Shopping
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Center also have indicated tlwJ would prefer not to have ad 'ertising shelters on EI
Camino Real in front of the sbopping cenler. Stanford oftX:ials will provide formal
comments to staff and the Distrir..t after their review is completed_
The question of where advertising panels would be most ~acceptable~ is subject 10
dis<::ussion and potential controve,S)!. Wlule there may be a roosensus opinion !bat
advertising shelters should not be allowed in proximily to residential neighborboods, are
!hey IIIOre acceplable along major arterials such as E! Camino Real (where they would be
obse<ved by the greatest number of passersby) than do",nlown in front of the City Hal!,
or in the Stanford Research Park. where dally traflk volumes are sub;1antially lower?
From a business perspective, adjacent business owners may object. no matter where their
place of business, if advertising in bus shelters in rrool of their businesses display a
competitor's services or goods.
In terms of provkling improved shelters at bus stops wbere the most transit riders would
benefit, the highest ridef"ship occurs a100g EI Camino Rea! and at Stanford Shopping
Center, The ridership figures provided by the District on Exhibit C of the agre<:menl, for
the twelve Palo Alto sites.. repc-esent only Counl)' Transit riders. These stops are also
served by Samtrans arterial and local routes, which in some cases may have higher
ridership figures than County Transit The locations in the Stanford Research Pm on
Page Mill Road and Hanover Street are served by local feeder routes thar interface with
CalTrain at the California Avenue station, as well as "><press routes thaI benefit long
distance romIIIuters 10 the Research Pari<. If the City participates in Phase I of the
program. staff believes it would be most appropriate 10 select high ridership bus stops
along these major corridors, such as EI Camino Real and Page "fill Road. for the
upgraded shehers.
Amendment IQ Si;:n Ordinance
If the City agrees to participate in the program, staff'will draft amendments to Title 16 of
the M!IIlicipal Code to expressly allow advertising panels in conjunction with the
District's transit sheher advertising program Staff will bring the ordinance changes back
10 Council with the Implementation Agreement, for final Council approval.
If there were a legal challenge 10 the sign ordinaoce, the Imp!err.enlat;oo Agreemen!
provides fa-suspension of the agreement. in wruch case Patrick Media would remove the
advertising, but continue 10 maintain all of the shelter; within the City. If. however,
suspensions were to resull in the removal of half of the advertising shelters countywide
for a three year period. Patrick Media could tennmale Ihe agreement The agreement does
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DO! give any city the right to withdraw from the program prior to the end of the I S year
term. without incurring potentia! damages, except in circumstances pro>lded for in the
Agreement
Ci!y De';£!! R .view an.: Approwl process
'I'M District initially indicated their intent to seek input on the shelter design from local
jurisdictions. However, due 10 the time involved in preparing the program for awoval
by the cities, the size of the advertising panel, overall sheber s; ze, and construction
ma!eriaIs have already be-..>t1 selected. While the shelters have yet to be manufactured and
the design for the shellers used in Palo Aho ('oold be subject to review by the
Architectural Review Board, staff would not anticipate that the Di5w..t would agree to
signi&ant changes.
The City would retain the authority 10 review and awove the spec <fie detruls of each bus
shelter in",.natjoo ex~ for actual advertising. CurreGtly, this is done at the staff level;
and stafi's rerommendation is that this p<ocess should COfltinue. Once the sheller design
has been determined, staff would process each shelter request from the District through
the encroachment pennit process, foe those proposed to he on Ci~ property. Neemany,
this process would not include ARB r",jew, but apptications could be referred to the
ARB. if necesS3J)'. Bus shelters located on El Camino Real or County roads (Page
MilVOregon and Foothill Expressway) would be subject 10 the City's eocroaclnnent
pennit processes, as well as Caltrans and the Counly. respectively_The agreement
specifies thai the Encroacbmenl Pennit Fee for bus shelters may no( exceed $300 (mdexed
BIlIlIllIl!y). A new fee would need to be established in the Municipal Fee Schedule for Bus
Sheher instaI1atioos.
Conclusions
'I'M proposed advertisillg program is beneficial to C;~ and regional objectives 10
enco<IlIge rransit rider5hip and reduce single cx:cupant vehicle use. Current bus shelters
are located at the busie", bus st<>pS in Palo Alto, and the loss of Ihese amenities would
adversely impact current riders. Based on Ihe limited number of advertising shelters the
City is being asked to approve in agreeing 10 participate in Phase I. and given the fiscal
implicatioos of the alternatives 10 the program. staff has concluded that the City should
agree to participate in Phase I of the program.
Staff recommends that Council conceptually awo,. Ihe implementation agreement and
the installation of eleven advertising shelters at the locations indicated on Attachment 2,
during Phase I of Ihe p<ograrn.
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If any of\be eleven Iocatiolls are Ia!~ t\etennined 10 be infeasible, ilie District would need
to ideilIiJ'y alternative locations to replace those on tile City or County list. which would
be subject to Council policy direction and speci& city design review and approval
process.
Al,TERNATlVES
If the City Council wishes 10 pursue other policy directions, staff has identified three
alternative COllI ses of action:
Altern. liYe I: Rejecl tbe bus sbelter advertising program and .ssume
maintenance responsibilities for eusting sbelten.
If Palo Alto elects 00( to participate in this program, the Transit District is prepared to
transfer \be shehers and their maintenance over to the City, Assuming Ibe District would
transfer \be existing slJehers 10 the City at 00 cost. as tIley have indicated, the City would
need to determine the level of maintenance Ibat would be provided. and the extent to
which \he City would be willing to eKpand the prOgralCi beyond simple maintenance.
For purposes of discussion. staff has identified two optio:Js, N-weeldy and weekly
maintenance. Bo!h estimates are predicated upoo the following assumptions:
. • The maximum number of slJelters maintained by Ihe City would be 2 S. the current
number of shelters now maintained by Ibe District in Palo Alto;
• Estimate of 10 percent rale of "special requests" for more frequent maintenance
and 10 percent rate of "vandalism" calls for service. above routine maintenance;
• No budget for major maintenance contracts 0( new shelter ir.st.fiations;
• No electrical repairs/maintenance which would be additional costs; and
• First year start up costs of approximately S2(),OOO for a vehicle, radio and
-equipment.
Q¢on J: Bi-weekly ckanin~ and inspection of rile shelters -$4Q 000 ~
This is a lesser level of service Iban proposed by the District Wark would include
cleaning and maintenance of shelters; weed removal; sweeping; trash coTIection by Palo
Alto Sanitation Co.; litter pick-up; removal of posters, stickers and graffiti; shelter
washing; and Egbting inspection, !Jut 00 electrical repair. This work would require a part
time Street Maintenance A..sistan! position on an ongoing basis, in addition 10 the one
time start up,
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Qltion 2· Weel;!yc!eanjnll and inspectjoo ofsbelters -$7Q 000 per year
If the City WLtC to ~O\ide the same ",eek}-t cleaning and inspection services ~ovided by
the Di.rtricf. a new full time Street Maintenance Assistant position would need to be
created in the Public Works Operations Division.
Option J aillian l
Staffing Costs $30,000 S60,OOO
Trash CoHection 10 Q()Q II! Q()Q
Annoal Costs $40,000 $70,000
First Year Start Up $2() OOQ $20 QQ()
Total First Year $60,000 S9Q,OOO
Public Works staff cautions that actual costs coold be considerably higher if it becomes
necessary to replace old or damaged shelters (at approximately $6,500 each); if electri<-..aI
repairs are required at e~g lighted shellers; or the City undertakes to purchase, i!1Stall
and maintain additiooaI shelters at new locatioos. Should Council desire to pursue either
option under Alternative I, staff would return with a more detailed analysis of the staffmg
and budget issues.
Alternative 1: Reject the bus sbelter advertising progra m; accept potential
remonl of bus shelte rs.
If the CitY Council rejects the bus sbelter advertising program, and the City is unwilling
to assume maintenance b-the shelters, the District could simply remove the existing bus
shelters or remove the sbelters and replace them with uncovered bencbes.
Trash pick t1p at these locations would s!l11 need 10 be provided. Each sbelter now has a
!rash can that is emp6ed when maintenance is J)'!rlOnned by the District (ooce a week).
At an other bus stops. trash cans are installed only wben Palo Alto includes these trash
cans in the Cily's agreemenf "ith PASCO. Since most of the bus shelters are at busy bus
stops, the need !Or trash pick t1p would cootinue. This would re~esenl a new cost to the
CitY of approximately $10,000 fDr typical twice a week collection.
Altem:ttive 3: Establish City transit sbelter Idwrtising program.
The City could reject !he Distric(s program and explore the feasibility of rontracting .... -ith
an advertising company for all indepe~·.nt advertising program controned by the Cily.
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Staffbas not investigated this mallet 10 date. 10 determine if other styles of advertising are
avai1able or whether vendors would be interested in such a srnall10calized program.
FISCAl. IMPACT
If Palo Alto agree. to participate in Phase I of the transit s.1ielter advertising program,
based 00 an initial instalI.tion of nine advertising shelters, the City would realize a
minimal increase in revenuesofS2,700 10 $5,800 per year. As previously discussed, the
City can ask 10 receive a Iwnp sum advance of approximately $22,000 in lieu of Q.uarterly
payments.
ENVIRONMENTAL ASSESSM E,'''T
The Transit District is the lead agency tmder CEQA and the City is a respor.siNe agency.
No enwonrnen:al assessment is required foc denial of a proposed project. If the City
Council cooceptnally approves the project, it would direct staff to prepare to'!e necessary
code changes, and an appropriate environmental assessment will be done at that time.
Since the Council would only be awoving l1-,e City's participation in Phase } of the
project, under CEQA chapters 15301 and lS.>02, the mstaTIation of new advertising
shelters at existing shelter locations would be considered a modi6c.1ion of existing
facilities and therefore, categorically exempt Forther environmental r.\1ew would be
required it: and when, the Cit"], Council were 10 approve City participation in Pbases 2 and
3 of the project
SIEPS FQLWWING APPROYAI,
Staffwill transmit Council'. policy decision 10 the Transit District and, depending upon
Council's action, pursue ameodments 10 the City's sign ordinance or explore further
negotiations with the District as directed.
Page 15 of 16
AD'AOIMENTSlEXHIBITS
I. Map of Existing Bus Shelter Locations in Palo Aho
2. list of Staff Recommended Advertising Shelter Locations in Phase I
3. August 24, 1995 letter from Peter Cipolla. General Manager, SCCTD
4. Implementation Agreement for Transit Sheller Advertising Program
ce: Olamber of Commerce
CAADA
Architectural Review Board
Planning Commission
Andy Coe, Stanford Unlv'trsity
David Newnan. Stanford University
Julia fremou. Stanford University
Leonie Balkin. Stanford Land Management Co.
TIID Unites. Transportation Agency
CMJt;416:9S
_:_IL, -
Pogo 16 ... J6
ATfACHMENT 1
I
G) GRAPHIC AnACK'\E~T DATf: 10/13/94
T~ STAFf REPORT fiLE NO.
• • J-:P:R~O~J~£~C:T~:~~::L~O~C~'~'-i-ol.~o~f~B!U~S~S-h-'-l-t-.-r-s--,-·,--P--.-l-O-A--l-t-o---------I
SCALE~Noc to Scale
·C.
ATTACHMUoT 2
PHASE 1 TRANSIT SHELTER ADVERTISING PROGRAM
ACCEPTABLE AD SHELTER LOCA nONS
WITHL ..... CITY OF PALO ALTO
Dir. LOc:lcioD
sa El Camino Real
sa El Camino Real
NB El Camino Real
S8 El Camino ~sl
EB El Camino ~
WB El Camino Real
sa El Camino Real
WB Hanover Slrect
EB ~Aver Street
Cro .. Street
fS Stanford Sbcpping Center driveway
FS Stanford Shopping Center drive ... ~
OP Stanford Shopping C<:nter
FS CaIifornia Avenue
FS Page Mill Road
fS Oregon Expressv.'.y
fS Hensen Way
FS Curve
fS Page Mill Road
ACCEPTABLE AD SHELTER LOCATIONS
ON SANTA CLARA COUNTY ROADS IN PALO ALTO
Dir. Locati~n
sa Page Mill Road
S8 Poge Mill Road
Cross Street
FS £I Camino Real
FS HansenWay
Shelter II
784<lS
78423
71403
9I]()S
IOSIIl
108110
IOBOOS
107901
93010
Shelter"
l08112
98003
.... ". <:: -"-;}";: -. ',..
~-..... ~
-. ~ :::':.' ;
• ~. ",/"--,:<-'
_~ Tronsporfotio®gency _9~'~ _.-.::cAc.:.Tf-=-A,-CHMENT 3
3l).1~l';r'II~
s.a..~<J.-~t'l4·I'C1Q6
San!t> Oorc c~ 101;, r.;h to.t ~ ~
AUg'JSl24, 1995
June Fleming
City Manager
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 943ll I
Dear Ms. Fleming:
ffi) EC£ U ~ iJY
lMAUG 2 8 1995 lW
IIIU (IE 1!IE em: IIAIIASE!I
On May 22, 1995. San Jose's City Council gave C{)oceptua! approval of the
ImplcmenlaOOn Agreement fur the Transit Sheller Program. As most are aware,
since then, staff have been finalizing the language and <lelaHs of the AgreemeDl
We are DOW ready 10 proceed with otlIer cities in C'ur community and urge that the
program be placed bdOre your gnvegling body fur concurrence as soon as
practi<:aI.
The Agreement provides that it must be approved by participating citIes and the
COunty by October 31, 1995. Enolo5<d is the firuI) version of the Implementation
AgreemenJ and an informational pacl<et swnmarizing the features of the program.
Throughout the development process. we have ",!idled your input and that of
other cities' s<affi;. We bave incorpo<aled l'llUly suggestions. The ooolo«d
Agreement includes the specific sites roc Phase One agreed upon .. ith your
part;cular staff or 111. list of po5Sible sire> from ...mob your city may .boose.
If '" de.ired, the Transportation Agency is prepared 10 m<:et .. ith you, other
members of your staff. City Council Committees or the full council 10 dIscuss
elements of the program and respced 10 any questions. Ms. Linda Wagner,
Management Analyst, will be conlacting your office 10 fonow-up. Once again,
Ibis program must be in pla<eby October 31,1995. Anything you can do 10 belp
exjlCdite the process at Ibis point will be greatly appreciated.
If. givea cily elecls not 10 participate in the program, the Transportation Agency
is prepared 10 transfer the interest in Ille sbellers and responsibility for their
m.aintena.nc.e over to that city. Any st.e1teroJ. nO( transferred in tbis manner will be
removed as expeditiously as po5Sible.
tune fleming
Augus! 24. i 995
Page 2
The development olthis cooperative program has requil-ed a large in ... e..~eflt or
tiro<: and df<XI from all tI>c involved parties; the cit1:>, the County, Patrick
Media. Inc .. and the Tra..~.ad()!l AgmcYL l~te appreciate your efforts and look
fo<ward to finally seeins !bose .ffor1~ tome to fruition whh the construction 0(
new. lighted t'ar.slt shelters throughout our community.
Sir£e;e)j ,/ ~,4..~.
Peter M. Cipolla
General Manager
Enclosure; 2
cc ,.ith e",,1<>= Ms. Gayle Likens, City of Palo Alto, Senior Plaru=
Susan W. Case, Esq., City 0( Palo Alto
Senior Assistant City Attorney
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TRANSIT SHELTER PROGRAM
PROGRAM GOAL
• To pcovide our «>mmunity with clean, attractive, well-lit shelters at no
cost to the public!
PATRICK MEDlA GROUP, INC.
• selecled through IUP/Ie,;ew board process
• nation's largest out ofbome advertising company
• si!l1l1ar successful pcograms with Sacramento, BART, Or,,-"ge County
and Miami
SHELTER DESIGN
• Patrick designed and built
• alu.-mI'um frame with tempered gl3l's panels
• lighted for security 2nd advertising
• &sign and placement will comply with Americans Wnh Disabilities Act
guidelines
• transit infonnarion panel included
• two sided ad panel (4 'x6 ')
Pige lof3
".'"
<:>
ADYERTlSING
• 25% ofan snelters bave DO advertising
• 00 alcohol, tobacco, pomographicfobscene advertising
• conten! ce'lew and approval by Transpo<'-'ltion Agency
MAIl' .... rENANCE
• an maintenan<:<l and repairs done by Patrie k
• starts at execution of impkmentation agreement by sufficient citi.es. to
result in 150 ad sbetters
• etnef"gency response provisions
• all shelters cleaned no less than weekly
• high traffic areas cleaned more r>fteu if needed
IMPLEMENTATION SCHEDULE
• three phase COIlstruction schedule, 15 year contracl
• Phase i replace 150 existing sites with new ad shelters
• Phase li: replace remainder of existL"g shellers ""th new shellers 10
attain 3 10 I ratio
• Phase ill in5tall 147 new shelter sites countywide, totaling 564 new
shelters
Page 200
IMPLEMENT AnON AGREEMENT (city/County, T A. Patrick)
• site selection
• indelmtitication
• advertising coo:en!
• suspension and termination rights
• maintenance levels
• pennit rees and revenile sharing
FINANCIAL BENEFIT
• $500,000 annual savings ... intenllo reinvest in more 1"A serv;"e
• receive 18% ofgross advertising revenues (est. $545,(00) O£ minimum of
550 mont/"Jy per ad shel'ler ($253,800 annually)
• half of earned revenues shared with cities and County
• revenue advance a"",lable
NEXT STEPS
• ob!ain citylCounty concurrence
• Goal -Sepfem ber Kkk Off !
Page J DO
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lMI'LEMENT ... nON ... CREEMENT FOR
TAANSIT SHELTER ADVERTISING PROGR.o.M
This Implementation Agreement f' Agret:ment'') for Transit Shelter Advertising
PFogram ts made this clay of .. ) 995 (hereinafter rererred 10 as
the "Execution Date},. by and among the Santa Clara Count'i Transit District
("SCCfO,,); Patrick Media Group,ln<;_ (''ContraclC<'); and tile fonowing Cafifomia
counly and c.ities:: the County of Santa Clara and the Crties of San Jose, SWll1)'VaJ~~ Santa
C11lI11, Palo Alto, Mountain Vkw, Milpitas, Gilroy, Campbell, Cupertino, Morgan Hill,
Los Altos (the fOregomg cOimty and cities are hereinafter someti m('5 referred to
eonectiveIyas t..1)e "Participating Entities'" and individuany as a .... Participating Entity" or
the "'County" and/or a -City"~ as the case may beHThe names of non-participaring cities
10 be striCke" prior 10 executiol'L)
REC1TALS
A seem and Contrac1Or entered tnta that certain Transit Sbelter
Advertising Program Agreement dated June 9, 1994 (tlle "'"Ad""crtising Agreement"). The
Ad,,-ertising Agreement provides for tm: construction b~ Contractoc of up to 564 new bus
sbeiters at bus stop locations throughout the County of Santa Oar.; With three-fourths
(3f4) of aU bus shelters to contain advertising p&1els. The Participating Entities are cO(
parties '" 1he Advertising Agreement. As 0( J!lnuary ]. 1995, there are approximatefy
42'0 existing sccm bus s"bel1ers located in areas covered by the Advertising Agreemenl
B. The contemplated distnDution of the proposed 564 bus sbelters and the
-current distribution of the ~xisti.ng bus shelt<T.i are shown aD Exh.1D[t A. attacbed hereto
and incorporated herein fly this reference_
C. Subject to the terms and conditions c()ntained in. "this. Agre~ the
Participating Entities are willing to participate in the Transit Shelter Advertising
Prograrr ... as set forth in the Advertising Agreement and as aI!ltnded by this Agreement.
(The Transit Shelter Advertising Program, as set forth in L'>e Advertising .-'.greement and
amended by this Agreement. is hereinafter referred 10 as the "Program').
NOW, THEREFORE, the parties agree as follow:
I. Term of A&reement Subject 10 Sections ] and J 0 hereof, this AgreemeOl
shall be foe a !ctm 01 fifteen (J S) years an~ sharI commence on that date (hereinafter
referred kJ ilS the "Effective Date-of crus Agreement) v,:n.en an conditions set forth. in
Section 3 have been satisfied_ Con_lor and SCC1D shall notify the Par<kipating
Entities in writing oCthe satisf.tctioc olilic conditions set forth in Se.ctit)[l 3 and oftfle
Effecti~ Date 01 this Agm:menL
o
2. Subsequent Execution. The parties acknowledge that, PUrsUiin.[ to Section
3~ flIis Agreemer.J may become effecuve even thougb not all of tile county and the cities
covered by !be Advertising Agreement bave e.\'cclIted this Agreement,. and,. furthermore,
thai such cou~.l)' andice some: orsuch cities rna)' determine 10 execute this Agreement
subsequeollQ the Eff.ectiv: Date bereof and' subsequenllo the commencement of the term
()( this: Agreement. The pa .... ties bereby agree [hat sucb county and/or sucb cities may
execute-this Agreement, and thereby become subject to this Agreement. at any time after
the EffectI ... 'e Dat~ by means of an amendment he;eto so providing as lone as soch
amendment is. signed by aIllhost entities who are parties to iliis Agreement at the time of
the amendment. Eacb party hereby agrees that it "ill not unreasonably ~~L~old ()[" delay
its ex.ecution N such amendments and each PartJ.cjpatlng Entity hereby authorizes its
Executj1le .Direc\oC .. City M8.n2.te£. C){ equi ... 'alen! execu-Jve cfficer~ as the case ma) be.,. to
txecute a.ny suck arnendaw:nt from time to time.
3. CQodjrjgg iQ Effectiveness QfAgree~_flJ.. The effectiveT'less of this
Agreemen: shall be contingenl upon the satisfactioo of the foilowing cocdition:
L The execution oflhis Agreement no later than Odober 31~ ] 995 ..
by 1. sufficienJ. number of t;he county and cities covered by the A.dvertising Agreement \0
result in the incorporation int1l the Progranf of a minimum of ene hundred flfty (ISO)
advertising shelters during Phase One of lhe PHJgram, as provjdecj in Section 4 behJw_
4-Qyantjty and I ~ of ShcIjqs.
.. Pbasr4 Implementation. As provided in Exhibit B~ attached hereto
and incorporated herein by Ihls refi!reoc<, the Program shall be implemenled in three (3)
pbases, a., follows:
(J) Ph""" Ope. In the firs! year after the Effective Date, a
minimum of one bUfldred fifty (150) advertising .belters <hall I>< <Xlnstructed, subject 10
the maxinmIn ~ua.."'1tities per city set fOrth itt Exhiolt B. OtJring Phase Om; aU remaining
existing s.heItt$ 'Sha.'1 be upgraded to. first· .. dass condition as necessary and maintained
in ac<.ordance with Section 6 hereof:
(2) Ph's< Two. Subject 10 Section 4.b.(3) I><low, in the second
year after the Effective Dare. with regard 10 areas of jurisdiction of Parti.:ipating Entities
which have approved the Program by complying with Section l. hereof, an r<maining
existing shelters ,ball be replaced, and Iho aggregate maximum Dumber of advertising
shellea in each of lIle Participating Entities shaft I>< as provided i:l Exhibit B.
(3) Phase Three. Subject k> Section 4.0.(3) 1><10 .... in !be third
yea; after the f.fTe...--tive Date .. -.Mth regard to areas ofjurisdktiOD of Participating Er.titie'S
which llave approved the P'ogram by complj'ing with Section 3. hereof, up to one
2
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flundred IOn) (140) additiOn2:1 new shdters s!:iafl be consrruclcd~ wi;)] [he maximum
amount of types of shefters for ~ach Entity as provided in Exhibi1 B.
b. Location ()[~.
(I) With re£:ard 10 each Pbas.e, Conlrac1or and SL"CfD shan
meet and agree in advance in v..-&jng with each Partkipaling Entity as to the ~ation C'f
tbe shc:Iters lQ be cons'.ructed during that Ph~ in such Part:!cipating Entity's area of
jurisatction. Each Pa."1lcipaling Entity, in its sole discretion, may approve ex reject any
proposed IocatiOrJ for a new .shelter or (oc an advertisIng shelter in its area.
(2) Attac~d hereto as Exhibit C, and iilCorpora!ed herein by
this reference,. is the list of approved locations for shelters to be construc!ed in Phase ODe
in each Participating Entiti's area of jurisdlcGon.
(3) If ContTachY, seCTD and i! P;micipating Entity cannot
agree. as provided in Subsection (1) above, lJpon the locations for-advertising shelters to
be constructed in each area in Phase Two, the Program SllaU not proceed to Pbase Two
and Phase Three for Ill., Entity, IfCon_. SCCrD and a Participating Enuly agree
upon tIle locations for advertising sbehers fa be COnstrtlCleJ in Pbase One and Phase Two
but cannot agree upon the Ioc .. tioc for new shdters and/or advertising shelters to be
constructed in each area ill Phase Three, then Phase Three shaIl not proceed for that
Entlty. The parLles expressly acknowledge and agree that the Program may be expanded
from Phase One 10 Pbase Two. or ITom Phase Two 10 Phase Three for • particular
Participating Entity. upon an accelerated sclledule. upon agrc:emenr of that Partidpatl.ng
Enti<y, Contractoc and SCCTD. Notwitl1standing thaI the Program does not proceed 10
Phase TW<l or Three foe a particular Entity as set lOrth. above. an sbehers in such Entity"'S
area of jurisdiction shan continue 10 be maintained by O:mtractor as set furth herein for
the Ierm oflhis Agreement, subject kl the provisions bere<)(
c. post-lns-..anatiQQ Chanfe5.
(1) Change to NQn-Adyenising Of 10 Advertisine.
Notwithstanding Section 4,h, al any time after • new shelter is installed, Conlractoc. upon
written request by W lurisdictionaJ Participating Entily from ti_ to time .. itlJ slxty (60)
days" prior written notice... shall chang.e an advertising shelter 1.0 I. non·advertising shelter I
or • noo-advertising shelter 10 an adverti sing shelter, SoclJ E.,tily's request for such
change sball not be denied 0< delayed by Contractor so Ioog as the ratio of advertising
sbeIten 10 non-3dvertising shelters in. the Participating Entity·s area ofjurisdictioc does
00( Call below 2 to 3, respectively, in Phase One and 3 to I. respectively. m Phases Two
and 1bree.
(2) Removal and Rc1ocatjop oCSbeltcm Eacb of the
Participating Entities shaD have the rigbt, for any reason, to requrr. Cootra<tor from time
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10 time. at Contr&ctoc·s soT~ cost,. \0 remove and relocate w!min tl"lirty (:l{':) days ohvritten
notice to Contractor and to .. location determined by the Entity in its sole discretion,. up to
fiv~ percent (5%) oCthe shelters annuaITy in the Participating fnti.ty·, area. oljurisdiction.
Such light s..i.aI1 be in adcfitioc 10 any riShl: of St.."'CTO under £k: Advertising Agreement
10 require the relocation or sbeh-ers; b~we\ler, the lO'.aJ removal and relocation of shelters
pursuant (0 [his "SUbsectioD and Section Vlll F of the Ad ... ·ertising Agrecmcnt by sccro
and the Participating EntIty together shan Dol exceed,. as specified in Section ViII F,.
maxim urn of leD percent (10%) of tlle kHal' numbe£ of existing shehers peE Yeai.
d. Sbetrer Illumination-At the option of an:y Participating Entity En
its sole dIscretion.. any new Don-adverusing sheher 10 lhe Partictpatlng Entity"s area of
jurisatction may be an illuminated s1:Jdter. Ali fac~ related kl shelter lighting,
including without limitation type of fighring, pTacement and direc60Ll of EghtIng, and
wattage, shan 'be S"Ubject to approval ill advanu by the applicable department of the
Participating Entity when: ;:he shelter is 1oca'!ed. Contra<:1Or she!] be solely responsible
lOr L'le costs of shelter Eghting, including .Ie<:!ric~-y charges and bookup. Contraoto< ·md
the Participating Entities expressly agree that the advertising shelters may be illuminated,
subject k) an tenns anJ conditions of this SeCtiOD 4. d .. dl.Jru-.g tIle bours Men bus service
is av8.! lable at the sheIta~ but may DOt be ilhmllnated at other bours without the express
written consent of the Participating !:Dtity-in whose jurisdiction the sneTter is located
.e. MMimum Advp;rtisinj' Shelters. Uoda DO c~rcum.stances shaJI ;roe
quantity of advertising shefters in any cityf<:ounty exceed th! quantities sbovm on Exhibit
D. alUlcbed here10 a,d incolpofated herein by !his refere~ unless agreed 10 by lb.
individual city/county; provi<fed, bowever, that !he foregoing shan not be deemed 10 alter
!he requirements of Section 4.a(1).
( Encroacbment PeTDJits.. Unless waiv~d in v"Titing fly a
Participating Entity where I sheIla-is located. cae. new or relocated sbelter constructed
pursuant to this Agreement sha11 require (1) an encroachment permit ;ssoed by the
applicable department of !he Partidpating Entity where !he shelter!s 1och1ed and [n)
insurar= satisf>ckl<)< 10 !be Participating Entity .. hlCB sball Dame tl;e Participating Entity
as an additional insumi Om_ shall pay all required encroachmeot permit fees and
sIlaII comply witll all ronditiOllS set forth by !he Participating Entity in !he permit
consistent with this AgreemenL Contractor shall provide aD DeCCSsaI)' materials 10
process encroachment penni" in an organized, botcbed manner. Participating Entities
herebyag= 10 a per pem,n processing fee ofD'" more 11-.." S3()O.OO, increased annually
by !he increase in the Consumer Price lnd .. fo< the San francisco-Qaldand-San Jose
Metropolitan Area lOr All Urban CO<lsumen;. Participating Entities sIlaII issue such
permits within thirty (30) days ofcomplek: appucation tberefoc.
S. Shelter Desjgn. Unless expressly provided other.wise in1his Agreement.,
shelter design sba.lI be as set forth in the Advertising Agreement kly Participating
Entity. at its sol'~ option.. may request a non-standard desiga. for an] new sbeI1er
@
constructed in its area pursuant to thls Agreement, provided ~at (iJ the Participating
Entity requests suce non-st.andard de-siSO at the time cfthe aPf-I'O\lal of the shidter
Socatioo pursUiinl to $eetior( 4.b~ and (al t.'f)e Participating Entity reimburses Contractor
(1Jf any additiona! expense roc the ronsuuction,. instaflatian and/or-mainte:lance 0( such
non-standard design shclter_ With regard to sheTcers 0( non-standard design existing in
any Parti<:.ipating Entity's jurisdiction prior W !.he Effective Date, {a) such shelters may
only be replaced by CDntraclOr if Contractor. at Contractor" 5 co~ rep! i'Cates the (xisti ng
DOLl-standard design in the replacement shelter, and (b) co additional expense may be
cbarged by Contractor for the mainlenancc of suc'h exlsting nne-standard shelters or any
replication tl1creof.
6_ Malotemmc,e:Q.f Shdte.rs.
a. Maintenance Obii\·ation. During the term of this Agreement.,
Contraclol sball maintaIn a!1 [lew and existing sllefters in L~ areiJ,S of jurisd"ictj DO of
Participating Entities in il de::ln., safe, and (Li"St<lass conditioc and in accordance wirh all
provisions of this Section 6.
h. MinlmJ..l:ffim'V{eekb. Majn!enapce. Contr&c1Or s.haH inspect each new
~~ntf eJdsting sheTter at least once each wee" and shan perform at least the faUowl!1g
maintenance:
(I) All !caSh shan be cofleeted;
(2) Shelter shall be cleaned, incluamg withou, limita!i<ln
removal of all graffiti, stickers, extraneous post.,., fitter, ous< and out;
(3) Weeds and liner shaD be removed from • 15-foot radius
around uca sbelter;
(4) Sheller shall be washoo if needed; and
(5) Defective lights shan be repaired 10 wodting order on
inuminated shelters.
c. Repair of Damaged or Yand~~~
(1) Colltracto£ shalI repair any vandaftsm Of other damage to a
shelter within forty~ight [48) boun of the "",ncr of (i) the observation of such vandalism
()f" damage by Contractor during weekJy maintenance., Of (till celephonic or written noti~
of sue. vandaflSm 0< damage w Can_ and SCCID by Ibe Participating Entity
where the sbeIter is loe<1!ed.
(2) Notwithstanamg the foregoing, if she\1er vandalism 01"
damage is of. ba:zardous nature,. or if light SOW'CeS need rcpa"ir or rep1acement,.
eontractoc shall repair sueh deficieucies \\ithin twenty-four (24) boUni.
(3) CcntraClo< expressly agrees that. if Ccnlracto< fouls 10 meet
its obfigations as set fO<1h in Subsections (I) and (2) .bovo; then SCCTD oc the
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Partk\pClting Entil)i where die shelter is Iocaled shaD have the right to perfonn such
obligaGons on Contr"al.."'1or·s behalf. without notice to Contractor \L'lth regard 10 those
obligations in S1JOsectK>Il (2) a."ld after three (3) d3.J's· telephorJc Of ""Tillen notice to
Conlr<lCk;r "''ith regard to'lhose ob[lgat.icns in Subse¢cioc (I).. ContraclOf' shall reimburse
sccm or such Participating Ent!ty uPOr'l demand for the expenses iOCliITed by sccm
or such. Enli[y in such performance by SCCTO Of" soch En[jty co Contractor·! behalf.
d. Hjch-MaiD~C~~a. In: additl()o to the other mainlenQ]}Cc
responsibitities of Contrac1or hereunder. Con.tractor shall. at its .sole c.ost,. at kast twice ..
week inspect and perform lIlt maintenance .set forth in subparagraph {b } abo'\; ~ for those
s".elters designated by I Participating Entity from time SO time as I .... high-maintenance
shelter_'D A Participating Entity may not designate from time-to-time more than one-third
(113) of the Shelters in its area of jurisalCtlc!l as "'hi gh-mai nlc nance shelters. ..
e. Ms!.inlenanc.e J .9$. Contractor shall subm1t a monthly log of sbeT1er
inspection and maintenance 10 SCCTD and, for the sheher.i in the ParJcipating Entrty~5
juri..~JCtion.,. to each Participating Entity who 'has requc--<:ted in W!1tjng 10 recetve the
monthly log.
7. Mve.rtisiaS Acreement R.i.g:!us.
... ~ts. Notwltr.sta:nding anything in the
AdvcrtisjDg Agreement" sccm and Cootrack>c eKpressIy aclcnou.1edge and agree tllat
the following approvals oc rights granted 10 scrTD in the Advertising Agreement sball,
instead, be approvals and rights granted 10 eaclo. Participating Entity wller. the shelters are
1ocated,. and sccm shall have DO right of FMti.r.ipaooo in such approvals or rights
except as set forth below:
SccIion J-8-3
of Advertisiog
Agreement
SeetiOD 1-0-4
Section m
Seetion IV-B
Option to require illumination of shelters, as
amended by Section 4 .• hereof
Right 10 approve removal or rdocatiQn of "unsuitabre
or ecooomicaDy Illl-(e.sible~ shelters (10 he jointly
exercised with sa;TD)
Right '" require that an adVertising shelter be changed
to a DOn-advertISing sherter. as amended by Section 4..c
hereof
Rjght 10 use available ullsoid advertising &:::'''Pliiy space..
sa;TD shan provide 10 eac~ Participating Entity the
right of f.rsl refusal 10 utilize any such space. If such
right is not exercised by • Participating Entity for •
6.
particular ayailable sp:xe, SCCTO rna, utitize S\)d~
silace.
The granting of lhe foregoing approvals or rights to the Parrjcipaii ng Entities as
set fortll above shari noc: affect any conditions Of fmj~atiot ... s on sucb approvals or rights
set forth in lhc Advertis1ng Agreeme:nl
a. ~meol Prpyjsjons. W~t.h regard to (be implement&tion of the
Program. thi3 Section' replaces Sections VI -B aOO C of the A~veItising Agreemenl in
chelr <nc1rety_
b. Prohibited Displays. Because of tadl Participating Entity"s
substantial interest in protecting the health and welfare clf its citizens, Contractor agrees
that the following: disptays shan iJot be a!1oweC (In any Program bus shelters:
(1) CoW.me!ClaJ ad'\iertisU1g fur ~bac.co products..
(2) Commcrcia1 ad· ... ertising for akohofic beverages.
(3) Atly sig[l dep'K:ting physk.al ... ·loleocC' against any person or
anillJal.
(04") Any disptay containing any of the foiJov.ing:
{a} Any statements 0{ words descn"bmg cxptic.it sexual
acts. sexual organs, -or excrement.
('0) My nUdity (picture or iflUSlralion, sbowing
genitals, pubic hair, perineums., anuses., or 8l.ut
regions c( any person or animal, or any portion c(
!he bru-<t. at 0( belo", !he areola tberwi. c( any
femaJepen;on.
(c) "Explicit sexual acts", as used in tills Subs.."Cfion
(5). means depictions of sexual int=w-<e. om!
copulation,. -anal intercourse, oral-ana! copulation,
bestiality, sadism,. masochism. <Or e,;:cretory
functiollii in conjunction willi sexuaJ activity.
masturbation or lewd exhibitioa of the gerutsls,.
wlletber any c(!he above ""nduct is depicted 0<
described as being pecfOrt=I among or betwe<n
members of the same 0[ opposite sex or betweea
bumans and animals. or other acts involving any
pbysical contact \llr1th a person·s or animal~s
genltaJs. pubio region. pubio hair, perineum. "~IlS,
or anal region.
(5) Any clSplay specificarly prohibited by law 0( oro .. c( any
C<Jurt c( C<Jmpetent jurisdiction.
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c. [oc$emnjtjcatjQO Q(Partic;ipaljni En1ttks. sccrD hereby agrees to
indcmrufj and bold harmless.each Participating EJ;tity and its offl<::ers., agents and
emp:oyees from any c1ai~ fi abtlity. loss., itUU!)I Of damage arising out of the rejectioc of
advenising by scem pl..!rsuant to Sections Vi-A and Vl-O through 0 .. inclusive, of the
Advertising Agreemcnl
d. No OOer Omtenl Restrictions. Except for the express prohibitions
set forth in Subsection b -2bcve,. the Participating Entities shaJ1 nol Impose any other
restrlc:tioM based -DO content and nothing herein ma!1 olhcr""\ll!5e interfere v.iili the rights
of che Contr8ctOf in the selection of advertis"lng material for t1:le shellers.
a.. P-ursuaru: &0 the Advert1sing Agreement, ContraclOr has agreed 10
pay SCCrD eighteen percent (18%) of <::umulati .... ·c net revenues (as defined in the
Advertising Agreement) produced by advertising shelters in the Progra.'Tl., subject to a
minimum payment of SSG per advertising shelter per month. (Sue}:) payments are referred
to hereinafter as the .... Shared Advertising Revenue"'.} The Advertising Agreement
provides thaI such payments of Shared Advertising Revenue shan be paid 10 SCCTD~ at
various times... by means of a withdrawal from an ad .... ance dep:::sit, 01 by a quarterly
payment. or by an end.-of-catendar-)"eaf p:aymenl
1>. SCCTD shaH pay eac~ Participating Entiry fifty percent (50"/0) of
an Shared Advertising Revenue received by sccm for ad\.·ertising shelters located in
each Entity~.s respective jurisdicti<.m. so:TD shall make quarterly paymeots la each
I'articipadng Entiry of suc~ revenue. as earned ~J each P articipadng Enory ro.. tile
previous quartec, within thmy (30) days after Ille beginning of eac\ calendar quarter.
Shared Advertising Revenue shall J1O( ioclude Ille fee paid by ContraClO< 10 Santa Ciara
Counry Transit District ro.. adminis:rati<>n costs.
c. In addition 10 the rights o(eaclJ. Participating Entity &0 rect:ive a
sbare of fevellue as set forth above, each Participating Entity D"'.ay .. in its discretion,. obtain
a proportionale share of one-half of the $150,000 advance revenue payment 10 be paid by
Contrnctor 10 SCCTD onder !be Advertising Agreement. After !he $)50,000 advance
payment bas been made by ContnlCloc 10 SCCTD, sccm shall remit 10 any
Participating Entity, within thirty (30) days ofwri .... request by such Entiry, • portion of
5375,000 ro.. thaI Entity de1ermined by the percentage lha! the Dumbel: of adve~ing
shelters in that Entity'.jurisdiction in Phase One bears 10 the Iota! Dumbel: of advertising
sheltors, ro.. alI.Entitks. in Phase One. Such advance portion shall be credited against the
9'/0 share 10 be paid 10 sud Par6cipating Entiry un&. this Agreem<nt Furthermore. if
IlDder this Agreement 0< !be Advertising Agreeme.n~ SOCfD l:ecomes"bEg.ted 10 return
and returns tlje $750,000 advance revenue payment, 0< any portion thereof, 10 Contraclo<.
thea each Pa..:..ucipating Entity that had received an advance portion be.reunder shan. remit
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such advar~ portion. or portic[l.u,ercof. to SCCTD, withinJorty-five: (45) days of
\\-TilleR request by SCCTD. ~'j such Par1.kipl'ting Entity shaD also reiurn 10 SCCTD~
within rocty~fjve (45) days of a wriuen request. ailJ unearned por..ion of such advar.ce
portll).n if the Prog,rnrn is lenninatcd III the j1J.li.~c'\ioo. of that ParticIpating Entity under
l.~ terms hereoi
d. ConLraclQr and SCCrD shaTJ maintain any and an ledgers, boo'ks
of 3CCQunt,. invoices., voucocrs., and orner ICcords or d'ocumer:1.s evidencing 1L'\f rd:il i rlg \0
r..:venues produced by the aovertising. shehers in. au: Progrdr.l ror a minimum period of
three: (3) years.,. or for any longer period required by raw, from the dale of ally payrr.en[ of
Shared Advertising "Revenue 10 ParGdpating Entities pursuant "aO mis AgreemeoL Any
documer.ts or records required to be maintained purstlant 10 this Subsection shan be made
available for inspectioo c.r 2udit.. at any lime during regular business hou;-s., upon written
teq.uest by any offl.cer or-authorized representative: of a Participating EnLirj. Copies of
S1Jcl! documents sllan be provided for St:cb inspection or audit at a location in S~ta Cfara
Count:<-
10. Termination and SusretlstQn.
2. TerminatiQn .Q{M.'#':ojs!ne Ae:reerpent This Agreement st,a.il
terminate autom31icaily if the Advertising Agreement is terminated. \Vithou( timiting L~
foregoing. the parUes ad~no\lr,'}edge that !:he ..... d\lertising Agreement provides thai it Jr'.ay
be \e.rnlln.31.ed by Conuac\or at any time if tht. number -of ad-verusing shelters fQf any
reason drop. below one hundred fifty (150) >heItcr>-The pattie> hereto agree that
shelters:foe whkb advertising has beeB suspended for wbateiler reason shan not be
-considered as reducing the nwnber of advertising shelters in dete..'1lli'ning such one
hundred £ifiy (150) minImum.
b. SJl5pCflsjOQ and Termination BJ' Pgrtis;ipatiof Entities or
~ In addition to the tenn1nat)on rigirts providOO SO seem and ContrclCtor 'in
the Advertising Agreement, .each Participating Entity shall have the rigb( to lerminate this
Agreement wiil! regard to its area and 10 suspend and Iemlinate 1he Program in its area,
and Contractor sllall have the right to suspend and ie-rm.inale, as follows:
(l) Suspension and Terminatinn Theryafig. In addition \0 any
o<ber termination rights herein. a Participatir.g Entity may suspend the right c>f Contractor
to .dvenise under the Progzam in thai Entity'. a:ea of jurisdiction, at any time if a legal
challenge is filed with • court of law agaiCSl its siga Ia~ arising o!lt of or in Connection
with oc r=nabIy related to 1he implemcntation or eontinuation of the Program. whether
(){ not the ProgI1lIl1 is spedfieally mentioned in any such !egal challenge. and the
Participating Entity determines, in its sale cfiocretion based upon a good faith analysis,
1hat the existence of the Program in lts area makes defense. ()f its sign. ~!.WS more difficult.
If a Participating Entity decides 10 suspend the Progra!ll as aforesaid, it .haD provide
written notice of such decIsion &0 SCCTD and Contrac\oc. Contractor sbaIl remove all
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.Ptogram advertising displays in the area ofjurisdictfon ofthc Partici-pating Entity .... ithin
tell (I 0) wOfl:~ng days oCCont.-acl-or"s receipt ofsvch notice. Ouring the suspension
per)od. an shelters illlhc suspcr.:fing Er,tity'sjurisdlctioll shall be maintained in
accord~ \It.·ith ali provisions oflhis Agreement,. and Contractor, SCCTD and tTle
Partic~paling Enriry shan equany sf,are in the coSf of such main'.ent.ncl!.
FUf'L'lcnnore. ifactvenising under the Program in a Participating Entity's
jurisd""ICUon is susPC!1&.~ by an orc1er of court during all or a pcrtion of the pend,::ncy of
soch a legal chanenge., dcspi1C {!<.Xld-faith opposiLioo 10 the tssuance of 5lJch ail order by
the .Parti<:~pa(jng Entity if the Entity is defendir.g t.~ suit itself or lowugb counsel of jts
OUr,fJJ choosing, then maintenance (mduding illumination) for ail shellers in mat
jurisdktkm ShilTI be perfonned in accordance with an provi.sions or [his Agreemenl
du;ing such suspension pcrlod, and tile cost for siXh maintenance snaIl be equafly shared
by Con1Ta<:lOr and SCCTD, l,I,'jcholl1 repayment <if such ccst by the affected Participating
Entity k> either Contractor or SCCTD.
If the court actiO!] giving rLo:;e 10 the suspension results in any finai court action
lhat prohibits enforcement of the sign la\\-"5 of the Participating Entity, or any portion
thereof as written. then the Far.icipating Entity may terminate this Agreement as kI that
Participating En[!ty upon thirty (3"0) days"·"'l'[rten notice. Other...vi:se~ the suspcr.si-on
perK>d shan end and t},e Program shari resume in that Participating Enti(y, including
advertisLng and maimenance by t1Je Cootrack?f, and the term of the Agreemenl shaH be
extended by a period of time equal I<> Ill. lengib of the suspension period. Foc purposes
ofmis subsection. the Ierm "'fUlal court action'" shan mean an acton that has become flnaI
after a1:J appeals ha\le been exhausted or the time 10 obbin appenate review bas expired.
flll1hermore, if at any time advertising for more than one-balf (112) ofllle
adVertising sbelten; in the Program bas been suspend.od as provWoC above, the Contractor
may~ in its sole dIscretion.,. suspend the entire Program.. mcIuding its obligation to provide
maintenance for any and an sbeJtefS.ln the Program.. and obtain a .refund from sccm
within furty-five (45) days of such suspension of !he unearned portion or!he advanced
revenue share g r S 750,000, pro-ra:.ed on the oate that notic.e of Program suspension is
given by Contractor to SCCTD. Upon resumptioc of~ Program." such unearned portion
sh2!I be returned I<> SCCTD, and the term of the Agr<emen< shall be extendeG by a period
of time equal Ie the length of!he suspension period.
furth~, if advertising for more than o",,-half (\12) of the advertising shelters
in the Program has been suspended as provided above for.a period oilhree (3) years "".
more., the ContracIDr may. in its .sole discretio~ lernllnate ihe entire Program effective
after lhirty (3<)) day's written noUce is served upon SCCTD and the Participating Entities.
In sue!! an ~ ContraclO<'s duty I<> indemnify the Parti<:jpating Entiti<:s p=ant to
Section] t hereoCwith respect to any and an legal chal!enges1o. Participating Entity~s
(Entitics'l sign Jaws shan cease as or the date thirty (30) days after the date DOtie<o of
temUn.a00n is given.. except for any -covered claims asserted pOor lo such lermination date
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in accordance..wllh Section II flereoC. fOf whi"ch incknlOiflCarioll shall ec.ntinue. Fllfthcr.
Conlr.iCiot$ duty 10 indemnify shail !'lot so tcrm;nate and snan continue fot an)' covered
daims foe personal injury Of' property damage rdating k) adveni5ing shellers aS$erk'd
.after the temlln.:l:tion date in iKcordance "'-'iln Secti;,)1] 1 J bereof and roc which t11e daic of
occurrence of such injury or damage is a date prior 50 the 1eI1rljna~~n date.
(2) A Parti<:)pating 'f. .• '}titjl may ~"Ina1.C tlUs Agrce:merrt v.ith
regard '<l its area 0( jurisdiction lfSl....~TD or Contractor K in dcrauJt of a:lY of their
obf-igatlons hereunder or under the Aavertising Agr<:emenl wilh regard to the bU$ snelters
in the area of jurisdj("l)cn. of the Partici~aling £neilY and s .. ::.h de:fault is not cured v.."ithin
thUt)' (30) days after .... .,.itten ootice from tile Partici-pal1ng Erltity specifying sud) ce[''Jlt.
(3) A Partic~pa!ing Entity may terminate lhlsAgr~emcnt v:ith
regard to its area oCjurisd'ict)oc if Parucip,rLing Entities 1erminate the Agreement as
provided 2.bo\"~ ?;:ith I rest:Jll. ... at less Ehan 125 advertising sbe!ters continue to be: in the
Program.
Section IX B of the A.dvertising Agreement shaD be apptic;.a~Te to tmy tennination
of the Advertising Agreement pursuant '!O or-as a result of the foregoing provisions of this
Section lO.b. Except in the case of a defaloiTt to)' ConU'3c1or, Contractor snaIl, in .:lddirion
10 any righlS under SecljO[] [X 8 of the Advertising Agreement, beentitJed 10 a return of
its 1eu.er of credit and the pro-r.:n3 portion of the uneID ned portioo of the ad\laoct re .... 'enue
share of S1;o .. 000 from SCCTD. and. provided that no claims or potentiar c1airrs
affecting such bonds remain outstanding. rescissi<:m of its obligation to maintain the
periOrmance and payment bonds under the Adve.rt.ising Agreement
~ Riihts and Remeffies. The Participating Entities sban ~e aU
rights and remedi<s availabl< to them under frJs Agreement 01" app!ieabJe laW; without
limiting !he foregoing, upon Iem1lnation of this Agree=~ !be Participating Entitle,;,
shaD each have the right., in its sole discretion, which shall Dol constiMe its sole remedy
hereunder .. 10 require that aI1 advertising displays be removed from the bus shelters in its
area of' jurisdiction., at no cQSl10 such P~rticlpating Entity.
1 J. In4emnjfiwian. ContraetOf sbaIl indemnify. defen~ and hold harmJess
each Participating Entity and its offJ<:<~ agents and employees from any claim, fiabLlity,
loss:. injuJ)' or damage arising out of O£ in connectioD with or :reasooably related 10 the
implementation ()I' c.outinuatioo. of the Program,. whether or no! the Ptogr-wn is
spc<:ifi<:aI1y men60ned in any claim; without limiting !he foregoing, Contracto< expressly
adnav.1edges !hal sue!! indemn!fkation includes indemnilkalion roo-any claim, 6ability,
loss. injury oc damage arising out of oc in c:onnection with any legal ch&1enge to tne
irnpfementitioo. Of continuation of the Program; provided. bowever. that the
indemnif"teation set forth in thtS Section It shaG not include indemnification of any
Participating Entity roo-any claim, 5ability, loss, injury or damage caused solely by !be
acts 01' omissions of such Entit)'~s offloCers., agents or employees. It is th.e intent of the
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.Parties to this AB.Jccmcnl Ie provide the: broa,xst possible inJ':llmi ficarion cc<:<:rage (or
the ParLidpafir:g Entities. The Oblig;ltions set forth La this s...~Lioa 11 snJT1 survive 311)1
lCJminalion 0( {his AgreCmL'1tt.
If .. <::faint r« ir.demnl6c..aticoo (;t. "Ctaim') is 'l<l be made by ~ PartiCtpatlng Entity
oocUIx!er agrlinSl Conlrnc1or-. svcb P':lTticip;';;ling r:.Jltity Sll3.IJ give ... ,'r;il~n notic.:: (.1
'"'C1aim Notice") 10 CoOlr3cl-Or as 5000 3S practic-.ab'e after the ?.ai"UciFa~ing EnG!)"
becomes aware of any fad,. (onditioo Of'" event ",,'hich, in the reasonabre judgment of the
Participating Entity. is lihTy to ~.i\'c: rise 10 a daim. Jf .my lawsuit Of any enforct:mCt1l
action ts fiied agai:nsl the Parti6pJ.ti~g Entit:!"~ a Oaim NOlfce wilh fe:Spo!Cl !l1c, ... :to shall
be gi .... ea k:. Contractor as promptly as practicable. After receipt of a (1oJim Notjce, if
Con~rac1t:lr acknow1edges in writing its ob!igatioc under [he 'oCnns of its indemnity
hereunder in conne<:tion with su<:b losses or actions. L;en Contractor Shiln he entitled, if it
SO eJects.. and' subject 10 lhe Iasl paragrapIllll this Section 11 (i) 10 wke control of the
defense and inve:rugation of such lawsuit"or acti~ (il) to. employ and engage attorneys (If
its own choice lO handle and defend the same at Contractor's cost, risle. and expcas..:; and
(iii) \0 compromise Of settle s'-1Ch c1a:lm in consultation wito the Partic';pating EntilY. A
Par1k~pating Entity shall cOO,per81e in alI rC<:SOl'lable respects with tile Conlra-.:I:-Or and As
anomeys in Ihc: investigation, triaJ and defense of any Claim or lawsuit Of action and
appeal arising therefrom;. provided. bowever~ that ift.he. Contractor has assumed the
defense of aIly claIm, a Participating Entity m~y. a\ its OWll cost... partici-pa!e in tbe
!nvestigatior.,1.rial and defense of any iaU.'SUil or ac:.ion and any appeal arisi.ng lhercfronl.
The Parties shan cooperate W!th each other in any nOljfjc('Irians \0 ins-urcrs..
For an)' chanenge to the validi1y oia Participating £nGf:y~s sign [a'll.'S..,;a
Participating Entity. at its sole cost and expense. may eJect l£I retai Co counsel of its 0 wn
c.hoosing or defend. sucb claim or lawsult itself.. with no right of indemnification from
Contractor foe Ihe costs or expen3<S of sue. counsel or delCnse. furtl1ermore, each
Panicipoting Emily. wbethe< or 00( it $0 ekcts '" cboos< its own counsel or defend such
c:Iaim or la\\'SUit itself" sha.li have the sole discretion to approve any com promis:: or
settlement of. c!aim Of lawsuit., or portion thereof. 10 she e'der.t such compromise oc
settlement. or portion thereof. is related lo 'the Part}cipating £ntit:fs sign ~a\l,'S; such sole
cflscretion shaO no( include discretion Dver an, monetary senJement. The Participating
Entity sbalI consult .. lith Contractor prior 10 any such compromise Of settlemenl If the
PaI1icipafing Entity has SO assumed the defense of any claim. o,nttaclo< may. at its own
cost, participate in the investigation,. trial and defense 0( any lawsuit oc action and any
opp<al arising ~from.
i 2, Wajver of Sttrtul.o[y Damaees. Con~--tor. on behalf of itself. !ts
SUOCessoc> and assigns. bezeby waives and relioquisl= any and all steMOf}' rights 10
compensat;ion related 10 the removal Of rek,,;::atico of any of the shelters in the Pr-a:gram,
incbding.. but nO( limited 10, <hose estabtisheo in. Busincss and Plofessions Code sections
54} 2 ~ Suck ~'aivC:£ shaIl no( affect ()( diminish any rights to compensation
expressly set forth in this Agreement oc in !:he Advertising Agr~r.aeJlt.
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L To lhe tli.ten! of its express provisicns,. this Agreement amends the
Advertising Agreemen! as such Advertising Agrcemenl <lnd che Program applles ~ the
Participating [nutJ(..~ and supcrscdC'S all pri'Jr I1cg,}!jalioI15 betv.'cen tile p~rtics ..,,·'ith
re~a.rd kJ i11e implemcrllation of the Adwrtising Agreement NO{\I\.'itLsl.;lI1d'1ng the
IOregolng. and except as amcndcd bere-by. Ihe AdverGsing Agrc"'Cmenl. :md each provision
thereof.. shatl remain tn fun fOJ ce ar,j err~\.
b_ Cor.trac1Qf and SCCTO expressly agree [hat (i) L1CY snall not
amend fhe Advertising Agreement 10 ma!eri-any :l:ler any provision of tJ)(! Program..
without !he prior 't'.TiUen app:oval ohhc Parl.icipatJng Entities,. w~ic11 <ipprovaI may be
gi"~ 0(" '9ii:lhbelrl by any of SUCA. e.ntlti .... -s In lIS sole discretion., and 0i) \hey shaq oot
implement the Ad'vertisl ng A,greemf".l1t in <lny area unless and until the go vemmentaJ
body in sue"h area (v.bether a county or a city) has become a pany 10 this Agr~emeJ1t, 2S
pro vid'ed in Section 2 hereof.
1-4. Nqndjscrimination. Contractor and SCCTD shan not di:scrimloate~ ill any
way, aga'inSl any person or: the basIs of age. 5C)(~ race. color. creed 0; nat.lonal origin in
connection wi,tb or n:T:ned lO tlte pc.rform3oce cfmis Agreement. or the performance of
the Ad\,ertisi ng AgreerncnL
J5. Confljd Q(Ir,tl"..res" Prohibi6Qn~.
'I.. Coot.rac\Or straTI at aU times avo~d conflict <If interest or appurance.
'Of conflict (if interest ic. the performance of this Agreement Contract-:)( shan disdose any
conffict of interest. 01: potential conflict of interest" 'Nhich exists or ari.ses at any time
dur'.ng the Icm! of this AgreemenL A:fJy Participating Entity shall have Ill. rig~~ 10 treat
any violation of this Subsection as a material brea<.:.R of the Agreement. and shan have the
right to ~Iminate the Agreement and/or pursue any and an legal or equltabk remedies fIX
sald breach of.this AgreemeJt.
b. (I) Cootraclocshall not at any time offer My office< 0<
employe<: of a Participating Entity any gift chat is prohibited by (he taws of such
Participating Entity.
(2) Th<o offer Of siving of any sucl!. prohibited gift ~l _
-constiMe a material breach oCt.llls Agreement In additioD to any other remedies the
participating Entity whose la'INS have been vlolated may have in law oc equity, sucb
Entity may Icmlinate this Agreement roc soch breach as provided in Subsection a. above.
t 6. ~_ All notic.es and other communications requu-ed or pcnrutled to be;
given u..,der this Agree.menl shan be in y,,·riting a..nd shafJ be personally rerved or mailed,.
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,postage prepaid and r..:tllrn rL"Ceipl requested. addressed to tlle resp'-~tivc parties as
Jon\Jws:
to Particip:Hiilg Entities::
PalIK:\ Media Group, Inc.
Ann.:
Santa Cbra COUllly Transtt [)istOcI
Alln: ___ _
As pravid..:d en Ex.hibit E a~3C"hed hereto
and incorporated herein by L"1is reference.
or 10 such other address a5 any party may designate by notice in accordance wirll tllis
Section 16.
a. The parties agree that the law govemLng this Ag.reement shan be
that of (be SUte oCCarifomia.
h. fa the event;hat suit shall be brought by any party hereunder, the
parfes agree that trlat 0( such acOO[] shall be exclusively 'o'ested in a slate court in the
Counr:y of Santa Oara Of. where appropriat.e. in the United Stales District CoUI1 fOe the
Northern District of earlfomia, San Jose, C.!ifornia.
18. Execution bv CounJ~~J1. This Agreement may be executed In any
nwnw of counterparts, each of vnuch shall IOc all puzposes be deemed 10 be an original
and an of wbic'h shaIlrogether constitute one and the same. inst.rumenL
19. Areas of AlI!bority.
a. Notwithstanding anything else in Ibis Agreemen~ me parties
EKpressly .agree. that any sheltcI3localed on State thorougbf-m:s Vrrithin a City"'s legal
boundaries shaD. be ccmsidered shelters in that City"'S area of j1,lrtsdi<:tlon for an purposes
of thi~ Agreemeril
14
,-.-. -
,-~--'-', .
b. For pocposes of&<:tions ~.~ (10.::0600 ofshell<rs). 4.<. (P<:so
insranat1o:n cni:P1Scs). ".d. (s..'tcher illumination). 5. (shc=iler design), 6-(maIntenance-of
~fl.chcJ's). 7+ (actvcnising iI~rc~men' rights).. :and I, (advcnj'Sing c.ontcnl) (collc,:tivcly. the
.. loilll Auth0f~ly Provisions"), the .POl-rlles C'~press1y agree that (1) a City"s a.rea of
jurisdiction 5"a1\ iod\ldc County biJ'So sbeller S(,es, on County roadways \\'ithin s.uch Cl!Y"S
k!ga! bound;}f~s .JnC' sites in CounlY Lin: ncorporal ed pockcl.s tT,at are totally surrou;)(:f<:d
by such C~ty. aDd (0) such Cfiy (Al sllart llavejoint authority 1I.:1h the County of Sa.J1[,l
Cbra with regard \0 ;!:r.y Participating Entiry appro .... aJs and/or rights alb" .. ··cd lmeter the
Joint AurborJ:ty Pro\."L"iioils and (B) snail bave fu[J iIldep<:lldellt aUIJ'lo-rily. witfl Of u'hhC'lt!1
Coumy coocurr~rx:~ \0 enforce an)' a~d 3.11 requlremcnts of the Joint AUlho-rily
Pro visions ....
a, Contractor and SCCTD expressly ackno ..... ,ledge and f!;gree th;):l, to
the -ex.tenl of ConlraC'for~s obfigations urKler the foUowing provisions c( llle AdvC!rtising
Agreement. eacb Participa!ing Enrit)" sr..ari be a thi.\!-party beneficiary (If suc}:, obrigalions
w'ith regard M) shelterS in SUCfl &riIY"s ar~a of juri5diction and sh~11 n::n'e all righlS aDd
remedies avaIlable at law '" enforce suclt obligations:
s..'L1.lon I--D-5
Set."lon 1I-J3-2
Section \1,)
Section VIIJ--B
&<:tic" :ml-C,I, 2,', S
Section YJIl-D-J .. 4
$e(;rioo VIH-E
b. For purposes of this SeC:fiOD 20~ shelters v":ithin a Ctty"s area of
j\.trlsdicUoD shall inc;ude.. wn.\.,out firnltati-on. shelters located on SHit;: and/or County
thorougbfares within such City"s legal boundaries and sllehers Ioc-.ated Ln County
unincorporated.pockers tha1 are k>tally surrounded by such Ciljr.
Any approval. : ~quest or other act r-equiroo or permitted to be
given by SOCTD or a Par'tKipating Entity uDder Ibis Agreement, except foc,l'ul approval
required by Section 3.a. hereof.. maY' ~ givea on behalf of sccm or the Partidpatrng
Entity by the Executive Director,. City Manager I or equivalent executive Officef. as the
ca;e may be, ofSCCTD or Ill. Participating Entity,
15
" .
o
IN WITNESS \VHEREOf. the;>ar!}es have: signed this Agr(!(:men! ~ ortll1: da:c:
ftrSt sd for'.b abO ... e.
Approved as to fonn:
LcgarCotl~1
Appro"<'l as '" lOt-m:
Deputy County~ Coun-sel
Approved' as \() furm:
Deputy City Att<>l11ef
"'Contractor -
PATRICK MEDIA GROUP. INC_
By:.
~ame: ____ _
TrJe" _________ _
"sccrD"
SANTA CL-\RA COUNTY
TRANSlT DISTRICT
8y: ___ _
Name:
r.Jtle. ____________ ~ _______ _
COU1lTY OF SANTA CLARA
8y: _____ _
Name: ___________ _
Tttle: ________ _
CITY OF SAN JOSE
8Y-______ _
Name: ___ _
TItlc: ___ _
16
i
CnYOF S~NYVAlE
B~ ____ ~ ____ _
Name: _____ _
frtfc:
CITY Of SA~'T'. ("L"P~,\
K<:;n~e-___ ~ ______ _
TilIe:_____ _ __ _
CITY OF PAI.OALlO
8y: ________________________ _
Name:
CITYOF MO!JNTAlN \'1EW
By:
Name: ___ _
Tltle: ___ ~_
CITY OF MlLP IT ,'\S
By: _______ _
Name:
Trde:, ____ _
CITY OF GILROY
By:: __ _
Name: ____ _
Elle'
Cl11' OF CAMPBELL
8)':_
Name:, __ _
Titje. __
ClTYOf CUPERTINO
8y: __________ _
Narne: ___ . _____________ _
Ti:Je _. _________ _
ClTfOf MORGAN HILt
8~~ ___________ _
Narr.e.:..
Title; _____ _
CITY OF lOS ALTOS
B~: _____ _
N~~: ________ ___
Tttle:
1S
"
r---------------
EXtSTING AND PROPOSED TRANStT SHELTERS
.JJR,ISt»C T'0fi
EST. TOTAL
EXISTlNG
SHEl.TERS
180:
EST. -rOTAl NEW
SHELTERS
~===t=~=-=-=-=·.::· .::-~-~~-' _-~31~'_--· . ~--_-_. _~~
14
I ---6
o
7
C
o
PHASE ONE SHEllER ?lAN
.. The City or Sar) Jose sha~ be gl .... eo credit for 2 ~ sites for each mutuarl)' aQ'-eeabie a-d' S11.e in the d'<Jwnlown ar£.9 t.C8D),.
up 10 ". ma:(imum G( 5 si~es (credlt or 1 0).
Pa(;ie t or.3
•
Exhib~8
Melllan Hil
Los Galos
TOTAl
3
260
PHASE TWO SHELTER PLAN
•
• 31' $84,600 •
Page 2 of 1 Exhibit B
.. • 1 ( , . ,
PHASE THREE SHEl TER PLAN
EST. PHASE JEST. iOTAL NEW TOTAL 1 MIN ANNUAL EST. PHASE I
.€XPANStO!< SHELTERS AD SHELTERS CITY REV MAl( ~'IIN1JAL
SKCLTERS FHASES t, 1," lJ t1S%) f!;2srIlilOlAD SHElTl C!TY REVENUE
•
•
. .
PHASE ONE AI) SHELTER LOCATIONS
IN JURISOICTION OF CITY OF SAN JOSE
(City Staff Recommendalion)
Exbibit C
Oil" Locatiotl eros:;; $tred Plloto II Shetter'
SB Oakland Road
sa o.~!and Road
EEl Trimble Rd
NB j 51 St fed-
WB Hedding Street
EB T.yl.,.. Street
EB S3n!3 Oar.! Sued
WB Santa Oar. StJ eel
sa !Gng Road
sa !ad:son Av~
'VB Ben)'esS3 Ro ad
EB Berrycss.a: Road
E B BerryesS3 R')ad
\VB Berr:l"'''' Road
NB Capilol .... venue
WB McKee Road
sa \Vhi1e Road
V/B !-.kXee Road
NB Cap~tol Ave
SB Jad.::soD Ave
\\'1'1 McKee Ro~<L
NB WWle Road
SB Vw'bil e Road
\VB St"')' Road
EB T u I!y Road
EB TunyRoad
\VB TunyR •• d
SB Silver Q-<ek Rd
sa Lincofo Ave
NB Linc:oTn Ave
5B "--kridian Ave
NB Meridian Av~
EB Blossom HiH Rd
WB Blossom ffiH Rd
EB \V Santa Oara St
EB W $anta Oa(3: Sf
NB SneC Road
S8 International C-;"
&/2J195
AT County Service elf
fS Mon1ague E)(p
OP Orcl'lard Parle. Wy
fS Younger $uec,
FS San Pedro SLIcet
NS SlOc'kton Ave
FS 4th Street
FS 4tb Street
FS A1um Rock A'I'e
fS AJum Rock Ave
FS flickenger Ave
AT flea MarKet: l
AT flea Mar\;:et #2
NS Capil~ Ave
FS &:rl'yessa Road
fS \Vb ite ~ oad
NS :r..kKee Road
FS l..tJdiowWay
fS M<:Kee Road
AT Abian Bros Hosp
fS Hwy 680
fS Starj Ro,d
fS 51"')' Koad
FS Capitol
f S Senter It Dad
FS Md..aughfin A\.'e
fS KingRoad
NS Capitol
FS Wlllow Street
NS Curtner Ave
fS F oxwonby Ave
FS Foxworthy Ave
fS Snell Ave
NS Sr.en Ave
fS-Cabin St
FS Almaden E[\ld
FS Blossom HiD Rd
NS Hospital Prbry
3-18
3-19
S-19
2-3
2-8
2-7
2-12
2-13
2-1 S
2-21
3-23
2-27
2-27
3-22
3-21
2-12
2-23
5-16
2-24
5-17
2-26
3-14
3-13
3-12
3-6
3-7
3-9
3-]0
1-14
1-12
5-3
5-4
1-19
1-24
S-21
5-24
1-21
5-25
3S73C2
387704
347502
377007
371004
366803
39E~ 15
396814
437005
44JiD8
427402
4172DI
4172D8
437504
427505
'573CJ
-'57}02
447206
447201
447]02
447204
477001
47,)()()2
46,)()() 1
446301
456402
466502
486302
386303
396108
(StOp)
375803
465505
465503
386714
(Beoch)
465502
495311 to
be moved
(i) 01 E<M.1t C
Pi>" l.M".fi"$ CranStYCd fbot. , Sbe.t!.er'
f8 l;to,_""n ~M /I.d NS H'it! .. ';:ew A.vt l-17 415$04
ES 81"""", Hi" 1td fS Pta':>-3 5-1 405504
£a Illo''''''' Hin ltd fS SaM'!.' teres" I-! g (f.\e"'h'
lOS S,.vc"" Creel Slv'; fS C"~3: V"~W l)ri\c 5-7 (Ek",h)
SS St<,!\I¢I'(S Cr~t: Blvd 1'15 lcp'.' Way 5-10 {Bench}
ES Slc\l~ns C,.*" Blvd fS CyprcSJAv< $-12 (f.\e""b)
£8 S!I!VtfiS Cr~C!1;: Bl,,'d fS S. :Henry A .... e :s-n (ll<nc~)
lOS $!ev<::ns CTe-el 21vd fS MapJc,,""1X'A Ave 5-14 {ll<""t,}
EB W San (,,,,10; $I OP Grand 5-15 J661j20
£8 S:eve", (reet Blvd fS Kiely Slvd 3-J-5 ~%(X)g
SB Kiely Blvd FS StC'IfeM CreeK t3:!vd 3<15 ~6{;(17
EB Willi.:iU't'Rd FS Sari~oga 5-6 ~MOS
SS SJr;!tQ~ Ave fS Wilfiams' Rd 4-1 ~6401
WB C"",pb~n Avo 1'15 SanillogaAvt 4-1 276105
NS Sa~lpgjl Ave FS C~pbeUAv. 4-8 276104
Wa. lumiJ~oll A .. <:. OP SagCIflonJ. Ave 4-9 286104
SS U:11(\r'l A,'e ).10 Bascom A .. -e 4-17 )45801
Nfl J3~"mAvt FS fruit-da'e A \,,¢ 4-16 346406
1"13 th~om A:ve }IS MQ<>rj)"" 4.11 H6$()6
ta frutld'af.c A: ... e fS B~QrnA\lt 4-n 346407
JOB r f',J~d<lk A-"'e FS SalJtllweS1 f.."'P 4~f4 :.;(-6405
Ea to Alnll'';.' Rd fS Union Ave 4.·;; 145404
l'ffi Camden""",e NS H"'Y $$II:I ... "".m 5~5 J65$!4
1\13-M.rnIian Ave F:; Sro.."", Kl~ Rd ~.1:1 395408
wa Blossom Hill Rd NS ~allk.e 4-20 )9$409
SS Wincbe"'<f Slv.! fS Willi,ms l\""d '~$ )2640~
SB Winen.Ster Blvd fS ots.. Dr 4·11) )2(>S02
fS fores:t Ave fS OiSaJvo Ave l-H 340007
fB Alvm Roc;:k Avenue fS Jact.son Ave. 2~19 -447101
WE Alum Rock A v-enue fS 34[h Street 2-11 437006
1><'$ "'kin~~;9 Road fS Tuny Road 3--2 426305
sa MQ\1f~re-t Road. 1'<5 C,,<'".-3-3 .26)01
rOTAtSIi£S: 10
{:1 ait~ .re: dowr}.to'o;.'ll Sites. ~kJrt C'oont AS:': $il~ ~cll. bringing ;he: to:ar ~ 13)
· . e ~ ... ~ £);hibitC
POTENTIAl. PHASE ONE AD SHELTER LOCATIONS
IN JURISDiCTION OF CITY OF SUN1'<'YVALE
i)ir LOC3tiolJl Cross Streel Shelter 11-Ridersltip Ridenhip
On.~ On: ..
WB Homestead fS Mill)' 1%S04 12 1
S8 \'Voli~ FS Fremont 257008 109 22
£8 EeR. FS Vlclfe 251OD4 194 194
'VB £CR FS Wolfe 257003 18G iS4
N8 \\"olfe NS ECR 257005 106 !40
WB Duane OP OeGuisn e 2075G2 17 4
£8 Arqucs. NS Wolfe Read 257403 14
sa Mathltda NS CalifO(oia 22750t 24 ~
NB Mafhilcfa FS California 23740 I n 33
EB Arques OP lakeside 277405 IS 3
EB Arques MD Commercial A\. e 267406 2
E3 ECR FS Hend'erSOD 261003 66 64
WB ECR fS fair~ks Z.l12 t2 143 112
EB Tasman FS f.airOal.::s 257704 63 12
NB Fair 0a1s Drive FS Tasma'n [)ri\'e 25170.3 75 p' " 53 Fair 02Ks Drive NS Caltrcrnia ~t:l7404 33 !
58 fair Oals NS Sn Cnrdo .257603 70 11
NB C.rossm an A .;e fS Sabic Way 257905 11 0
WB Old San Francisco FS CarroD 237215 49 II
NB Fair 0a1.::s FS ECR 2372lJ 100 28
EB laVl Drive NS Geneva Drive 257903 25 II
WB ECIt NS Sunn)"'lo-aTe 237206 116 127
NB F ranc'ts Street OP Capperra Way 217405 465 357
SB Francis Street NS CappdTa Way 23740. i 3
58 I{d]enbec~ Ave FS ECR 2 t130S 138 gg
WB ECR FS PaSlOr1a A\:e 217303 182 246
TOTAL S fT£S: 26
Cit)' must choose 11 for Phase One ad sfJel'rer sites. Ciry staff has [10( pro .... ided staff
recommend"atioo:.
Exhlb'Lt C
PHASE ONE AD SHELTER LOCA nONS
IN JURISDICTION OF CITY OF SANTA CLARA
(City Staff Recommendalion)
D;" Locltion Cross Suee. Cit} Pboto' Sb('lie.r'
I'll Kiely Blvd fS $tevep.s Creet SC 46 2%60~
sa Kiely BNd fS EeR SC 142 29700S
NlI Bowers fS ECR SC !n ~70..'1
S8 Scou B~\'d )ID Centra) L'i.PW $C 145 3 l7J06
EB ECR FS Halford SC !4G 26700'
SB Seon Blvd FS Wa1sb .... venoe $C l'~ )17202
SB DeLaCruz 1'S Utureh .... ·ood SC 149 3374{J2
SB Great America f1,.--u')l fS Old Glory Un. SC J52 2977Q5
WS Tasman FS Old tronsides. SC 154 29771i
EB Tz:sJrul.n FS Old ironsides SC 155 297712
TOTA!.. SITES-10
•
E,,1tibit C
rOTEIIo'TIAL PHASE ONE AD SHELTER LOCATIONS
IN JURISmCIIO:" OF CITY OF PALO ALTO
Oir Location Q-QSt St.ro!ct Sht::ltc:r. Rid'~.nhip Ridersbl:p
Ons
N8 HarnLhon fS RJr,)ol1a StrC'et 88409 44
WB Hanover #1 FS Ccrve 1079() I IS
EB llanO\-'er #2 FS Page l\.fin 98010 26
SB F.1 Camino Ru: fS S1anfOfd CC:1:er 7S~05
(privale prop<:.rty)
SB El Ca.mlno Rea! fS Stanford Center --1'8423 121
(private propc:1y)
-E.B S1anford AT Cer:tC1" TenTl {private ___ 78308 52
property)
\VB Pasteuf Or NS B13K't!wib (private _ 6820] 31
property)
l"-:1} E Cami'nCl ReaJ or SianfOld Cen1er 18403 IS
ES FJ C1!.mll'lO Real' fS CatifO'inia A,.e 98)05 264
EB Et Ca mino .Real FS Page Mln 10811) 85
WB EI Camino Real FS O!egon E;.:p· 108110 62
£8 fJ Camino Rca! fS HanseR. \Va)" 108005 54
TOTAI_ SITES: 12
City muSl (noose: 9 s;tes lOr Pbase One: ad sllellers. City staff has nO( provided staff
re{:ommend2lilOC
&/231'l5
orr~
5
33
20
31
45
15
61
! ! 1
29
J51
22
-.
E»:.hiblJ C
Pi-IASE ONE AD SHELTE:R LOCATIONS
IN JURISD1CTJON OF CITY OF MOUNTAIN VIEW
(Cily Staff Rocommcndalfon)
oCr LO(;lliOQ; eros, Strt:'ct City Phoro" Slleltu"
sa CI,o;rro fS [CR MV 182 167504
~'B Sail Amonio Rd fS IOCR MY 190 137702
SS Showers. OP La']l.)111 MV 194 147712
sr~ S'ho ..... 't"rs OP talTlam M\i 195 147713
sa Showers OP l",(nam UV 1% 14)7{)2
lOB E1 Caniino Rea! FS The Americana MY 175 197408
\I'll E,I Carnl!1o Rear FS '-1t \,~ leW A'IIe MV 176 187402
TOTAL SITES: 1
POTENTIAL PHASE ONE AI) SHELTER LOCATIONS
• IN JURISDICTION OF CITY OF MILPlTAS
Die Lo<:atiOl1 CtO~S Str-f:-tt She.tter « Rid'crs'b.i:p
On"
N-S North Milpi1as Br",~ MD Calaveras 38~2'0) 79
SB Non~ Milpr. as B1, ~ OP Crvic Cenlef 388204 97
\\'B CaTavera.o; MD Park VICtvr1a '08208 109
sa M!.:nStreet NS \-\/cncr 3 7S20'S tra 115 it cer.ter JS4
WB Serr. NS (,aTaveras 37.106 ;0
1\'3 Abel 01' Penitencia 3181'0.1 19~
\\-S tVene:-MD Main Street 37S106 ilJJ
SB Abel Street NS Elmwood 378006
I'B Ma.in Street fS Great Man Dr pn"vate (Gre3t Mall)
1'8 Ca~iIoi FS "1cCandtess prll,.?te (Great Mall)
EB Calaveos MD l~;thiew 198102 39
TOTAL SITES: II
City must choose 1 sites iOr Phase One ad :sfl~11ers City sl:affhas no( prolo'l.:ted staff
r~co:nmefldafiol1
l&i2319S 1
Rtdershtp
orr~
99
72
106
lSI)
54
21
354
19
.. ,.
Oir
NB
sa
NB
SB
NB
NB
l'rB
NB
NB
»,,'3
S8
NB
NB
NB
SB
Sll
SB
E,\tlibitC
POTENTIAL PHASE ONE AD SHELTER LOCATIONS
IN JURISOIClION OF SANTA CLARA COUNTY
Loufi<la Cros:s Strut Dry Shcttf.'1'" •
C8pit~ EKpress fS Silver Creek SJ ~86}04
Almaden E,,;press fS Blossom HI" Rca.:! 51 40:5505
Arm ade!:\ E...'-Press fS C'hYrlml"eth 5J 405601
Almadcll &press fS Camden A ventle 51 42:5104
AIma&:n Express 01' V'-La "'tcIile 51 ,j5401
Almaden Express FS V-La \/alieme 51 444901
}Jrrlad'eQ Express 1'S B~0550m HlrJ Road 51 41 SSO:5
San Tomas Express f5 Wilfiams SJ }O6406
San Tomas EJCpress fS Campbell 51 J 16107
Sa n T oma,i. Express FS Hamliton S1 J 16204
Bascom Ave FS RenO\'2 Drive 51 346405
San Tamas Express f5 $tever:s Cr~e'k SC 306610
S!" Tomas &press fS ECR SC >C7008
Sal1: Tomas EKpress FS .. Cabri!ic-SC 307107
Page Mill Road FS EI Camino Real PA 108112
P .age MiD Road OP Hitn:;eR A'"e PA 098003
Lawrence EKPW FS r asm an Drive 5V n77()4
TOT AI.. SITES; 11
County and dry in llIhiC'h tile site is locateo\ll,i?ljaiJ1tly appTo\.-"e 16 sites for Pnase One ad shdlers.
,
[Hr
E~
Ea
ES
!':a
Exhibit C
PHASE ONE AD SHELTER LOCATIONS
IN JURISOlCrlON OF CITY OF GILROY
Loc:.liol'l C"Q~ Strrri c.y Shdttr'
fourth NS Monlerey H ... 'Y GL 76190(
First FS \Vestwood GL 73200)
v~~ NS \\'rell GL 142>.105
}.Wll1crcy O!' IJ.ow~n G! 15211r
TOTAL SITES, ~
9
.
--,-. -
E~hibil C
PHASE ONE AD SHELTER LOCATIONS
IN JURISDICTION OFCITY OF CAMPBELL.
Dir i..«atioll Cross Srrcel 1 Of, Photo' Sbeltu 1#
"'1> Wan(:ne~er Avenue or NS HamiJlon A\lenwe CAM 7< 3261Q2
WB Ham=t!on Avenue FS \\~nches!er A\lerlUe CAM 75 326204
NB Vt.·'inclll!Sler .A venue' ()j> Budd Avenue CAM SO J2jiWl
SB B a..<".CO(1) A vcn'Je fS CalTlpoct! CA_\f 81 14600S
\VB Campbeti Ave nu e FS Bascom CAM 82 346002
TOTAl SHES: 5 possibte in Ci!:y staffrecomll1en&afion, -4 ».:iJ] be tJsed' for Phase One
1i2119S 10
-.. :--,"
,
[,hibil C
POTE1'>'TIAL AD Sfl EL TER LOCATIONS
IN JURISDICTION OF crn' OF CL'PERTIr-;O
Oir I...oufiaa Crtlo'iS $.I'rcC't SheTter. 00.
E3 S!cvcns Creek OP Mary 216605 1;9
WB S!evel1s Creek NS Mary 2i66D3 95
SB Srem~~ FS l-fome:s::ead 216809 47
S3 Siening FS Slevet:3: erc..:""k 216(,QS I~S
NB S\e~lng FS Stevens Creek 216602 65
fB Stevens Creek FS Sterling 216606 200
WB $le'.:e:1s Creel.-: fS SteM-ing 216{;()4 M
S8 Miner NS RK:h''''ood 246{...oS 99
Nil \VoH"e fS Slevcns ereet: 256602 49
WB Stevens Creek fS Watfe Road 246605 iOO
WB Stevens Creek FS Finch 2566<)) 29
TOTAL SITES: II
City must c'hoosc 4 s'rtes ~ phase .one ad s~1:ers City st fltfhas not 'pro\~ded staff
recommendation.
812li9S I !
OIT.
143
99
26
i92
16
'6
243
6S
M
140
M
Dir
\\13
"'13
t-13
£,hibi1 C
POTICNTlAL PHASE ONE AD SHEL.TER LOCATIONS
IN JURISDK'TION OF CITY OF l\lORGAN HILl.
L!xJlti1lD Cross Street C;ty She-lurf'
E. Mai .. OP Grand' Prix MH 613S0l
lfunlc..-c), fS DJnne MH 66>601
Uoo!cre~ FS Tennant MH 673505
TOTAL SHES-3
City musz; choose 2 for Phase One ad sf.eTter sites City staffh;Js not pro .... ided staff
fC'CQ m mend'allon
II2J.'95 11
. ~ .'
POTENTIAL PHASE ONE AD SHELTER LOCATIONS
IN JURISDICTION OF CITY OF LOS ALTOS
I>ir Lo<caGoa Cross Steed Shl!.tter II R}.dcobip Ride~bip
Otl.III:
J-.'B SM .A.nlooio Roaa FS Hm .... ie .... Avenue 131401 3)
NS San A-n10l'1io Road fS Atmood B15<l3 40
51> San Ani Mia Road fS ECR 131704 101
E3 8 Cal1'lflCl Rc-ttl FS San .A..nlC 010 lJ1705 ISO
EI> B Camino R.eat Ol' Sho\lo'ers 147114 23S
TOTAL SITES: 5
Cl1y rn lJ'5t ch)( .. ~ 2 t:O<-Pb.:L~ One Ad Shetter sites. Cfty staff lias not pro~id.:d 51 aff
recommcnd3'\lor;
"11/95 n
orr,
1~
2
17
:;7S
111
Exhibit 0
MAXlMUM TRANSIT SHEl TERS WITH ADVERTlStNG
".'