Loading...
Chapt 21.53-Signs on Bus (1998)MEMORANDUM CITY OF CAMPBELL To: From: Subject: Date: April 8, 1998 Tim Haley Associate Planner, Comm. Development J an~sley De~Q City Clerk Amendment to Chapter 21.53 (Signs) of Campbell Municipal Code At the regular meeting of April 7, 1998, the City Council adopted Ordinance 1959 amending Chapter 21.53 (Signs) of the Campbell Municipal Code to allow advertising signage on Bus Shelters (File No. TA 98-01). Please find certified copy of this ordinance attached for your records. I have forwarded the Ordinance to Campbell Express for publication on April 15, 1998 and also forwarded the Ordinance to Book Publishing for codification. ORDINANCE NO. 1959 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER NO. 21.53 (SIGNS) OF THE CAMPBELL MUNICIPAL CODE. FILE NO. TA 98-01. The City Council of the City of Campbell does ordain as follows: SECTION ONE: The City Council of the City of Campbell finds that bus shelters provide a valuable benefit to the public and enhance and encourage the use of public transportation. Advertising on bus shelters can substantially mitigate the cost of providing bus shelters and expanding the number of shelters. In the City of Campbell, signs are regulated under the Zoning, Title of the Municipal Code. Pursuant to California Government Code Section 53090, counties and rapid transit districts are not local agencies subject to a City's zoning authority. SECTION TWO: That Section 21.53.040 of the Campbell Municipal Code is hereby amended by adding subsection M to read as follows: M. Bus Shelter Signage: Signs installed and displayed by a public entity in accordance with an executed agreement with the City on bus shelters as follows: 1. Signage as necessary to convey transit information to transit users. 2. Other signage of up to fifty 50 square feet in sign area per bus shelter. SECTION THREE: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 7th day of April vote: , 1998, by the following roll call AYES: NOES: ABSENT: ABSTAIN: ATTEST' COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED: /?/ ) Anne Bybee, City Clerk Conant, Dougherty, Dean, Furtado None Watson None . h Daniel E. Furtado, Vice Mayor THE FOREGOtNO INSTRU~NT 18 A AND CORRECT COPY OF THE ORI(~IN/~ OR FILE IN THIS OFFtCE.. ATi[EST: ANNE BYBEE, CITY CLERK, O~AMPBELL, C~l.,I FORNIA. '-'~_ Ordinance 1958 Amending Cable Franchise Ordinance No. 1633 Clarifying Ownership of Cable Television System serving Campbell (Second Reading/Roll Call Vote) Second reading of Ordinance 1958 amends Cable Franchise Ordinance No. 1633 clarifying ownership of Cable Television serving Campbell. Ordinance 1959 Amending Chapter 21.53 of the Campbell Municipal Code to allow Advertising Signage on Bus Shelters (Second Reading/Roll Call Vote) Second reading of Ordinance 1959 amends Chapter 21.53 of the Campbell Municipal Code to allow advertising signage on bus shelters. Approval of Solicitation Permit and Waiver of Fees - Church of Scientology of Los Gatos This action approves a Solicitation Permit and Waiver of Fees for the Church of Scientology of Los Gatos. Lighting and Landscaping District - F.Y. 1998-99 - Preliminary Engineer's Report and Resolution of Intention (Resolution/Roll Call Vote) This item was removed from the Consent Calendar and not considered at this time. o Approval of Consultant Services Agreement with MPA Design for Design of the Campbell Park Improvement Project (98-01) (Resolution/Roll Call Vote) Resolution 9354 authorizes the Public Works Director to execute an Agreement for professional services with MPA Design for design of the Campbell Park Improvement Project (98-01). Approval of Plans and Specifications and Authorize Call for Bids - Annual Sidewalk Repair Project (98-72) and Accessibility Ramp Project (96-09 Phase II) (Resolution/Roll Call Vote) Resolution 9355 approves Plans and Specifications and authorizes Call for Bids for the Annual Sidewalk Maintenance (98-72) and Accessibility Ramp (96-09) Projects. 10. Approval to Issue Request for Proposal (RFP) for Financial Audit Services This action approves a Request for Proposal (RFP) for financial audit services for fiscal year 1997/98 through 1999/00 (with an option for a two-year extension) and direct staff to issue the RFP. Minutes of 4/7/98 City Council Meeting 3 Council Report Item: 4. Category: Consent Calendar Date: April 7, 1998 Title: Ordinance 1959 Amending Chapter 21.53 of the Campbell Municipal Code to allow advertising signage on bus shelters (Second Reading/Roll Call Vote) RECOMMENDATION: That the City Council give second reading to Ordinance No. 1959. DISCUSSION: At its meeting of March 17, 1998, the City Council gave first reading to Ordinance 1959. Second reading of Ordinance 1959 will amend Section 21.53.040 of the Campbell Municipal Code to allow advertising signage on Bus Shelters. Prepared by: Reviewed by: Approved by: Anne Bybee City Clerk Barbara Lee Admin. Services Director 11. Administrative Services Director Lee - Staff Report dated March 17, 1998. Mayor Watson declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Watson closed the public hearing. M/S: Conant/Dougherty - to introduce Ordinance 1958 amending Ordinance 1633 clarifying ownership of cable television system serving Campbell for first reading. Motion adopted by the following roll call vote: AYES : Councilmembers: Conant, Dougherty, Dean, Watson NOES : Councilmembers: None ABSENT: Councilmembers: Furtado The City Clerk read the title of Ordinance No. 1958. M/S: Dougherty/Conant - that further reading of Ordinance 1958 be waived. Motion adopted by a 4-0-1 vote, Vice Mayor Furtado absent. City-initiated Application for Approval of a Text Amendment (TA 98-01) to amend Chapter 21.53 (Signs) of the Campbell Municipal Code to allow advertising signage on Bus Shelters (Introduction of Ordinance/Roll Call Vote) This is the time and place for a public hearing to consider a City-initiated application for approval of a Text Amendment (TA 98-01) to amend Chapter 21.53 (Signs) of the Campbell Municipal Code to allow advertising signage on Bus Shelters. Associate Planner Haley - Staff Report dated March 17, 1998. City Attorney Seligmann noted for the record that the primary change in the revision before the City Council is to add some legislative findings to distinguish signage on bus shelters from other signage that someone might wish to put in the public right-of-way. Mayor Watson declared the public hearing open and asked if anyone in the audience wished to be heard. There being no one wishing to speak, Mayor Watson closed the public hearing. M/S: Conant/Dougherty to introduce Ordinance 1959 approving a Text Amendment to Chapter 21.53 (Signs) of the Campbell Municipal Code to allow advertising signage on Bus Shelters. Motion adopted by the following roll call vote: Minutes of 3/17/98 City Council Meeting 6 AYES : Councilmembers: Conant, Dougherty, Dean, Watson NOES : Councilmembers: None ABSENT: Councilmembers: Furtado The City Clerk read the title of Ordinance No. 1959. M/S: Conant/Dougherty - that further reading of Ordinance No. 1959 be waived. Motion adopted by a 4-0-1 vote, Vice Mayor Furtado absent. UNFINISHED BUSINESS There were no agendized items. NEW BUSINESS 12. Request for Fee Waiver for Use of Community Center Facilities for Production of a Community Play Community Center Manager Klemczak - Staff Report dated March 17, 1998. M/S: Conant/Dougherty - that the City Council approve a waiver of all fees for three Campbell residents to produce a theater production of "Pippin" for the Campbell community. Motion adopted by the following roll call vote: AYES : Councilmembers: Conant, Dougherty, Dean, Watson NOES : Councilmembers: None ABSENT: Councilmembers: Furtado COUNCIL COMMITTEE REPORTS Santa Clara Valley Park and Recreation Commission Goals and Objectives for 1998 Public Works Director Kass - Staff Report dated March 17 1998. 13. City Councilmember Reports --Councilmember Dean reported on the Control Advisory Committee. BOARDS AND COMMISSIONS 14. Water District Flood Minutes of 3/17/98 City Council Meeting 7 Council Report ITEM NO: CATEGORY: MEETING DATE: 11. Public Hearing March 17, 1998 TITLE City-initiated Application for Approval of a Text Amendment (TA 98-01) to amend Chapter 21.53 (Signs) of the Campbell Municipal Code to allow advertising signage on Bus Shelters - TA 98-01 RECOMMENI)ATION The Planning Commission recommends that the City Council take the following action: 1. Introduce the attached ordinance adding Bus Shelter signage to section 21.53.040 of the Campbell Municipal Code. ENVIRONMENTAL DECLARATION: This text amendment allows signage on new bus shelters which would replace existing bus shelters. The new shelters are of a similar size and location as the existing shelters, and therefore are categorically exempt under Section 15302 Class 2 (C) of the California Environmental Quality Act. No environmental action is required. DISCUSSION BACKGROUND On January 6, 1998, the City Council adopted a resolution which authorized the participation in the Valley Transportation Authority (VTA) transit shelter maintenance and advertising program. The VTA currently provides approximately 12 bus shelters in Campbell. The new countywide program for VTA contracts with an advertising agency for the maintenance and installation of bus shelters. A portion of the bus shelter design allows for two 4 x 6 foot advertising panels which are not currently addressed within our sign ordinance. ANALYSIS The current sign ordinance provides a category of signs which are exempt fi.om the sign regulations. This category lists governmental signs, informational and directional signs and window signs. The Planning Commission recommended that Bus Shelter Signage be added to this category, subject to the restriction that the signing area be restricted on shelters and that the display on the shelters be consistent with the agreement provided between the City and the VTA. Planning Commission Action: The Planning Commission at its meeting of February 24, 1998, adopted Resolution No. 3149 recommending that the following language be added to the exemptions category (section 21.53.040 of the Campbell Municipal Code) of the Sign Ordinance: City Council Report - March 17, 1998 TA 98-01 - Citywide Page 2 mJ Bus Shelter Signage: Signs installed and displayed by a public entity in accordance with an executed agreement with the City on bus shelters as follows: 1. Signage as necessary to convey transit information to transit users. 2. Other signage of up to fifty 50 square feet in sign area per bus shelter. ALTERNATIVES 1. Approve the text amendment, subject to modified language. 2. Deny the proposed text amendment. 3. Continue for further review. FISCAL IMPACTS 1. The Advertising Agency is responsible for incurring the maintenance cost of the Bus Shelters which are currently maintained by the City at a cost of approximately $10,000.00 annually. 2. The revenues from the Advertising proceeds are estimated to generate approximately $500.00 per shelter or $6000.00 annually. Attachments: 1. Draft City Council Ordinance 2. Planning Commission Resolution and Minutes 3. Planning Commission Report Tim Ptal~, A/.s~ociate Planner Reviewed by: .~j~ OtJ-~-~ ~.x~ ~ Steve Piasecki Community Development Approved by: ,/ Bema St oj Director Planning Commission Minutes of February 24, 1998 Page 2 ORAL REQUESTS There were no oral requests. PUBLIC HEARING Chairman Lowe read Agenda Item No. 1 into the record. 1. TA 98-01 City Initiated Public Heating to consider the City-initiated application for approval of a Text Amendment (TA 98-01) to amend Chapter 21.53 (Signs) of the Campbell Municipal Code to allow advertising signage on Bus Shelters. This Project is Categorically Exempt. Tentative City Council Meeting Date: March 17, 1998. Mr. Tim J. Haley, Associated Planner, presented the staff report as follows: · Staff recommends an amendment to the Sign Ordinance to allow bus shelter advertising under its exceptions. · Council has approved an agreement with the Transportation Agency to install new bus shelters with advertising on the end panels. The advertising is to be sold and installed by Eller Media. Included in the contract is a provision for the maintenance of the shelters. · Staff recommends that the Commission forward a Resolution to Council recommending approval of this Sign Ordinance amendment. Commissioner Gibbons inquired whether City announcements could be included on the bus shelter advertising. Mr. Tim J. Haley replied that this would be allowed on five of the 12 proposed shelters in Campbell. Commissioner Gibbons suggested that a procedure should be in place to inform interested parties on how to get ads placed on the bus shelters. Chairman Lowe asked about maintenance, particularly the handling of graffiti. Mr. Tim J. Haley advised that the contract between the Transportation Agency and Eller Media includes a responsibility for maintenance. Commissioner Jones wondered whether the City should add something to ensure that the maintenance provision is maintained. , Mr. Steve Piasecki, Community Development Director, advised that the contract the City Council has agreed to has standard provisions for maintenance and clean up of graffiti. Planning Commission Minutes of February 24, 1998 Page 3 Commissioner Jones asked whether this responsibility would be enforced even should different parties assume responsibility for these bus shelters and the advertising within them. Stated that he prefers something to be added to the Ordinance. City Attorney William Seligmann advised that this does not add anything. Commissioner Jones asked if the City has the power to negotiate. City Attorney William Seligmann replied that the City does have leverage regarding the maintenance of these bus shelters. Mr. Steve Piasecki advised that the City's primary interest in entering into this agreement is the provision of maintenance as well as to get additional new shelters. Commissioner Gibbons advised that this approach has been in effect in other cities, including San Francisco, for more than 10 years. The whole rational for the advertising agencies is to obtain advertising space. The main interest for cities is the maintenance of bus shelters. City Attorney William Seligmann advised that the City will also receive some of the revenue generated. Commissioner Jones asked what the City's responsibility is in this agreement. City Attorney William Seligmann answered that this is a three-party contact between the City, the Transportation Agency and the Advertising Agency. Chairman Lowe asked whether the removal of garbage at the shelters is included in the maintenance agreement. Mr. Steve Piasecki advised that the fairly frequent removal of garbage is included. Chairman Lowe opened the Public Heating for Agenda Item No. 1. Chairman Lowe closed the Public Hearing for Agenda Item No. 1. Motion: Upon motion of Commissioner Kearns, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3149 recommending approval of a Text Ameadment (TA 98-01) to amend Chapter 21.53 of the Municipal Code to allow advertising in Bus Shelters, by the following roll Call vote: AYES: NOES: ABSENT: ABSTAIN: Francois, Gibbons, Jones, Kearns, Lowe None Lindstrom, Meyer-Kennedy None RESOLUTION NO. 3149 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TEXT AMENDMENT TO THE SIGN ORDINANCE (PER EXHIBIT #1) TO ALLOW SIGNAGE ON BUS SHELTERS. FILE NO. TA 98-01. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application TA 98-01: ~. The proposed amendments allows signage which preserves the visual quality of the city. 2. The proposed text amendment does not allow signage which is distracting to pedestrians or motorist. The proposed text amendment allows signage which is architecturally consistent with the new shelter design. The proposed text amendment will allow signage which promotes the economic vitality of the City. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed text amendment is consistent with the intent and purposes of the Sign Ordinance, and o The proposed text amendment is consistent with the development policies and objectives of the General Plan by allowing attractive and appropriate signage. The Planning Commission does hereby recommend that the City Council adopt the attached Ordinance enacting the necessary legislation to make the proposed text amendment effective. PASSED AND ADOPTED this 24~ day of February, 1998, by the following roll call vote: AYE S: NOES: ABSENT: ABSTAIN: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Francois, Gibbons, Keams, Lowe None Lindstrom, Meyer-Kennedy None APPROVED: Dennis Lowe, Chair ATTEST · Steve Piasecki, Secretary Exhibit # 1 Recommended Amendment: New language is bolded It is recommended that the following language be added to the exemptions category (section 21.53.040 of the Campbell Municipal Code) of the Sign Ordinance: Bus Shelter Signage: Signs installed and displayed by a public entity in accordance with an executed agreement with the City on bus shelters as follows: 1. Signage as necessary to convey transit information to transit users. 2. Other signage of up to fifty 50 square feet in sign area per bus shelter. ITEM NO. 1 STAFF REPORT - PLANNING COMMISSION MEETING OF February 24, 1997 TA 98-01 City Initiated Public hearing to consider the city initiated application for approval of a text amendment to section 21.53.040(Exemptions) of the Sign Ordinance to allow signage on Bus Shelters. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporating the attached findings, recommending approval of a text amendment (TA 98-01) allowing signage on bus shelters. ENVIRONMENTAL DECLARATION: This text amendment allows signage on new bus shelters which would replace existing bus shelters. The new shelters are of a similar size and location as the existing shelters, and therefore are categorically exempt under Section 15302 Class 2 (C) of the California Environmental Quality Act. No environmental action is required. DISCUSSION Background: On January 6, 1998, the City Council adopted a resolution which authorized the participation in the Valley Transportation Authority (VTA) transit shelter maintenance and advertising program. The VTA currently provides approximately 12 bus shelters in Campbell. The new countywide program for VTA contracts with an advertising agency for the maintenance and installation of bus shelters. A portion of the bus shelter design allows for 4' x 6' advertising panels which are not currently addressed within our sign ordinance. ANALYSIS The current sign ordinance provides a category of signs which are exempt from the sign regulations. This category list governmental signs, informational and directional signs and window signs. Staff find bus shelter signage to be similar to these other signs and recommends that Bus Shelter Signage be added to this category, subject to the restriction that the signing area be restricted on shelters and that the display on the shelters be consistent with the agreement provided between the City and the VTA. Staff Report- Planning Commission Meeting of February 24, 1998 TA 98-01 - Bus Shelter Signage page 2 It is recommended that the following language be added to the exemptions category (section 21.53.040 of the Campbell Municipal Code) of the Sign Ordinance: Bus Shelter Signage: Signs installed and displayed on bus shelters as follows: 1) Signage as necessary to convey transit information to transit users. 2) Other signage of up to fifty 50 square feet in sign area per bus shelter. 3) All signage to be displayed in accordance with specifications as required by the City. Attachments: 1. Findings 2. Recommended Language 3. City Council Resolution and Staff Report discussing the Bus Shelter Program Prepared by: Tim J. Haley, Associate Planner Approved by: Sharon Fierro, Senior Planner Attachment No. 1 FINDINGS FOR APPROVAL OF FILE NO. TA 98-01 APPLICANT: City Initiated P.C. MEETING: February 24, 1998 Findings for Approval of a Text Amendment to allow Bus Shelter Signage The Planning Commission finds as follows with regard to File No. TA 98-01: The proposed amendments allows signage which preserves the visual quality of the city. The proposed text amendment does not allow signage which is distracting to pedestrians or motorist. The proposed text amendment allows signage which is architecturally consistent with the new shelter design. The proposed text amendment will allow signage which promotes the economic vitality of the City. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed text amendment is consistent with the intent and purposes of the Sign Ordinance, and The proposed text amendment is consistent with the development policies and objectives of the General Plan by allowing attractive and appropriate signage. Recommended Amendment: It is recommended that the following language be added to the exemptions category (section 21.53.040 of the Campbell Municipal Code) of the Sign Ordinance: Bus Shelter Signage: Signs installed and displayed by a public entity in accordance with an executed agreement with the City on bus shelters as follows: 1. Signage as necessary to convey transit information to transit users. 2. Other signage of up to fifty 50 square feet in sign area per bus shelter. Proof of Publication (2015.5 C.C.P.) ~ ;~.~"."."."."~ CAMBRIAN NEWS I 334 E. Campbell Avenue, Campbell, CA 95008 (408) 374-9700 Fax: (408) 374-0813 STATE OF CALIFORNIA County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal Clerk of the printer of the Campbell Express/ Cambrian News, a newspaper of general circulation, printed and published each Wednesday in the City of Campbell, California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Su- perior Court of the County of Santa Clara, State of Califor- nia, under the date of February 8, 1956. Case number 96461 that the notice of which is annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof in the following dates, to-wit: all in the year 19 ~ I certify (or declare) under penalty of perjury that the forego- ing is true and correct. Dated at San Jose, California, this c~ ~_~ day of ~ l /t~~, Signature This spac /or the County Clerk's filing stamp. Proof ~f Publication of ~ - J- -- O?CH Ag.0 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Camp- bell has set the hour of 7:30 p.m., or shortly thereafter, on Tuesday, Feb- ruary 24, 1998, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the following pro- posed projects: 1. Public Hearing to consider the City-initiated application for approval of a Text Amendment (TA 98-01) to amend Chapter 21.53 (Signs) of the Camp- bell Municipal Code to'allow advertising signage on Bus Shelters. This proj- ect is Categorically Exempt. Plans, elevations, legal descriptions and/or other supporting documentation are on file in the Planning Office, 70 north First Street, Campbell, California. Interested persons may attend this meeting and comment on this project. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written corre- spondence delivered to the City of Campbell Planning Commi~ssion pdor to the Public Hearing. Questions may be addressed to the Planning Depart- ment at (408) 866-2140. In compliance with the Americans with Disabilities ACt, listening devices are available for meetings held in the Council Chambers. If you require ac- commodation, please contact the Community Development Department at 866-2140, at least one week in advance of the meeting. PLANNING coMMISSION CITY OF CAMPBELL STEVE PIASECKI SECRETARY PUB: Feb. 22, 1998 Notice of Exemption CITY (IF C MPBE£'L 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 To: __ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk's Office Santa Clara County 191 North First Street San Jose, CA 95113 Project Title: (3 copies + cover From: City of Campbell Planning Department ?0 North ~lrst Street Campbell, CA 95008 sheet filled out by planner) Project Loc~tlon - Specific: Project Location - City: Description of Project: ~E~--~L Project Location - County: ~T/~ Name of Public Agency Approving Project: dl~ Agency Carrying Out Project: ~-~ Name of Person or Exempt Status: (¢/~o~) I-I tmnisr~.dal (Sec. 2]080CoX1); 152~8): ID ~ ~me.~cy (s~ 210s0(bX3): l"'l Eme~¢ncy Project (Sec. 21080(bX4); 15269(b)(c)); ID S*~mux~ Exemptions. Sram code numbec. Reasons why project is exempt: ~-l~F%~,~<~-t~ Lead Agency Contact Person: filed by applicant: 1. A.~h cmifi~ docmnem of exempdm finding. 2. I-~ a nodce of exempt/on been filed by the public ageacy ap~n~ving the l~jecl3 [] Yes $ig~an=e: /~'~._. ~~ · Da~: Tide: ~ $ig~ed by Lead ^geacy Dam received for fit[ag at OPR: I--I Signed by Applicant [~]No RevVed October 1989 City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Sharon Fierro, Senior Planner Date: February 3, 1998 From: Tim J. Haley, Associate Planner Subject: Bus Shelter Signage (TA 98-01) The proposed text amendment to the sign ordinance will add another category of signs to exemptions provided in section (21.53.040 Exemptions) of the Sign Ordinance. Proposed Language: Bus Shelter Signage: Signs installed and displayed on bus shelters by the Valley Transportation Authority (VTA) as follows: 1) Signage as necessary to convey transit information to transit users 2) Other signage of up to forty-eight (48) square feet in sign area per bus shelter. 3) All signage to be displayed in accordance with contractual agreement between the City of Campbell and the VTA. A text amendment to the sign ordinance has been scheduled for the Planning Commission's consideration at its meeting of February 24, 1998, and subsequent City Council action on March 17, 1998. Please forward any comments to my attention ASAP. Thanks much. cc: William Seligmann, City Attorney Steve Piasecki, Community Development Director Peter Eakland, Traffic Engineer attachment: City Council report 1/6/98 UNFINISHED BUSINESS 14. Consideration of Participation in VTA Shelter Maintenance and Advertising Program (Resolution/Roll Call Vote) (Cont'd. 11/4/97) Councilmember Dougherty thanked staff for responding to the questions he raised at the 'November 4~ Council Meeting. Traffic Engineer Eakland - Staff Report dated January 6, 1998. M/S: Furtado/Conant - to adopt Resolution 9318 authorizing the Mayor to execute an Implementation Agreement with the Valley Transportation Authority for a Transit Shelter Advertising and Maintenance Program. Motion adopted by the following roll call vote: AYES: Councilmembers: Conant, Furtado, Dougherty, Dean, Watson NOES: Councilmembers: None NEW BUSINESS 15. Capri Drive Traffic Concerns Councilmember Dougherty stated that he would not be participating on this issue due to a conflict of interest, and left the Council Chamber. Traffic Engineer Eakland - Staff Report dated January 6, 1998 Police Chief Gullo appeared before the City Council and updated the City Council regarding police enforcement efforts on Capri Drive. Frank Hawley, 1360 Capri Drive, Campbell, appeared before the City Council and expressed concerns regarding speeding on Capri Drive. Carmen Lynaugh, 1489 Capri Drive, Campbell, appeared before the City Council and expressed concerns regarding speeding on Capri Drive, and requested that mitigating measures such as speed bumps or diverting traffic be considered. Mike Simmermacher, 1458 Capri Drive, Campbell, appeared before the City Council and expressed concerns regarding speeding on Capri Drive, and requested greater traffic enforcement by the police department in addition to other possible mitigating measures. Steven Schnur, 1425 Capri Drive, Campbell, appeared before the City Council and stated that he would be opposed to the speed bumps or stop signs at Chapman. Minutes of 1/6/98 City Council Meeting 9 Council Report Item No.: ~.4. Category: UII/ini~hed Business Date: January 6, 1998 Consideration of Partidpafion in VTA Trannit Shelter Maintenance and Advertising Program (Resolution/Roll Call Vote) RECOMMENDATION That the City Council adopt the attached resolution authorizing the City of Campbell to participate in the Valley Transportation Authority (VTA) transit shelter maintenance and advertising program. BACKGROUND On November 4, 1997, the City Council reconsidered Campbell's participation in VTA's transit shelter maintenance and advertising program, following one year of experience in a majority of the cities in the County. After presentations by City and VTA staff, the Council requested that staff investigate the feasibility of the City entering into a direct agreement with an advertising and maintermnce contractor, in lieu of participating in the countywide program, in order to maximize advertising revenue receipts. DISCUSSION Mr. George Broder, Eller Media Vice President for Public Affairs, was contacted regarding the potential for the City of Campbell to enter into a separate agreement for transit shelter advertising and maintenance. (Eller Media is the successor to the original contractor, Patrick Media, and holds the current contract with the County for bus shelter advertising and maintenance.) Mr. Broder indicated that although the issue of whether or not a separate agreement could be entered into is not clear-cut from a legal perspective, Eller Media would not consider pursuing such an agreement independently with the City of Campbell because it would undermine its existing partnership with VTA. Mr. Broder also made several additional points regarding the Eller Media/VTA program. He indicated that although it will be several years before Eller makes a profit on the program due to up-front costs for construction and installation of new shelters, the availability of a long term contract, along with a substantial number of shelters available for advertising, would prove to be profitable in the long run. Notwithstanding the conlract with VTA, Mr. Broder indicated that the small number of shelters in the City of Campbell would not be sufficient to support a program such as Eller provides to VTA. In summary, the City of Campbell would have very limited bargaining power in terms of negotiating a separate transit shelter advertising due to the very small number of shelters available for advertising. Consideration of Participation in VIA Transit Shelter Maintenance and Advertising Program: Page 2 January 6, 1998 Should the Council approve participation in the transit shelter advertising and maintenance program, the City Attorney has recommended that the City's Sign Ordinance be amended to ensure that the placement of advertising on transit shelters is not consumed as more general authority for public right-of-way advertising. Staff will work with the City Attorney on appropriate amendments to the Sign Ordinance for consideration by the Council at a subsequent meeting. FISCAL IMPACT The attached November 4, 1997 Council Report provided a cost analysis related to the City's participation in VTA's tran.qit shelter advertising and maintenance program with Eller Media. As indicated in the report, there are modest fiscal benefits associated with the City's participation in this program. ALTERNATIVES Do not approve the City's participation in the VTA/Eller Media transit shelter maintenance and advertising program and direct the City to more aggressively pursue an independent contract. This is not recommended as staff believes that the small number of shelters within the City would be of limited interest to advertising contractors. Moreover, considerable staff work would be required in soliciting proposals, negotiating a contract, and on-going contract administration with a limited opportunity for enhanced levels of maintenance or increased revenue. Do not approve participation in the VTA/Eller Media program and continue to maintain transit shelters in-house. Prepared by: Approved by: Approved by: J:\bobk\vta City M~er~