HomeMy WebLinkAbout11 BUS SHELTER INST 09-15-97,AGENDA
DATE:
SEPTEMBER 15, 1997
NO. 11
9-15-97
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT
ADVERTISING BUS SHELTER INSTALLATION STATUS REPORT
RECOMMENDATION:
Receive and file.
FISCAL IMPACT:
There is no fiscal impact associated with this item at this time. Each advertising bus shelter generates
approximately $1,565 annually for the City. Any future agreement revision could have some negative fiscal
impacts which will be defined at that time.
BACKGROUND:
On November 20, 1995 the City Council approved a five-year agreement with the Eller Media Company
to install bus benches, non-advertising bus shelters and advertising bus shelters in the City.
The agreement called for the installation and maintenance of thirty-five concrete benches, four non-
advertising bus shelters and forty-four advertising bus shelters and required Eller Media to pay the City
$125 per month base fee for each advertising bus shelter plus 1% of the gross advertising revenue.
Provisions in the agreement required the locations of all shelters and benches to be subject to the City's
approval. The shelters were expected to produce revenue in the amount of $68,880 a year or $1,565
annually for each shelter. As part of the agreement, Eller paid $132,000 to the City in December 1996 as
an advance on the first two years (1996 and 1997) of the base fee due to the City for all forty-four
advertising shelters.
Eller Media was required to submit the shelter design to the PI~ Commission for review and approval.
Planning Commission approval was obtained in May 1996. The shelters were manufactured and delivered
to Eller in early fall of 1996. Prior to issuance of any encroachment, building or electrical permits, Eller was
also required to submit to the City detailed site and structural plans.
The siting and permitting of shelters has been highly dependent on three variables! 1) available public right-
of-way or private easements; 2) OCTA bus stop locations; and 3) Site suitability.
In the spring and summer of 1996, OCTA eliminated twelve bus stops because of non-compliance with
the Americans with Disabilities Act (ADA). Four of the sites were identified in the agreement with Eller
Media as potential advertising bus shelter locations.
In July of 1997, the City Council approved consideration of eleven additional sites for advertising bus
shelters. Notices of these shelter sites were sent to adjacent property owners. Objection letters have been
received from three property owners.
To date~ twenty-six advertising shelters, one non-advertising bus shelter and eight bus benches have been
installed. Benches have been a lower priority because it was felt that many sites might be potenti.al
advertising or non- advertising shelter sites.
DISCUSSION:
The current total number °fbus stops in Tustin is 134. Of these bus stops, thirty-four (33) are considered
to be in residential areas and are restricted from consideration for advertising bus shelters by Tustin City
Code. Included in the total are seven (7) city-owned (and Eller maintained) shelters at stops in Old Town
and six (6) privately owned shelters outside of the public right-of-way in the vicinity of the Tustin
Marketplace. These deductions leave eighty-eight (88) bus stops which can be considered for shelters.
Staffhas been very aware of business concerns while considering placement of advertising bus shelters.
Prior to the submittal of a permit application, Eller is required to send a notice to property owners adjacent
to proposed shelter sites. Objections have resulted in the removal of seven sites fiom the City's proposed
site list. Property owner/Tenant complaints are umally related to three major issues: 1) concerns regarding
business or sign visibility, 2) traffic safety, or 3) pedestrian loitering and trash. Staffhas investigated the
issues with each site prior to issuing any permit. In several instances, staffhas requested the relocation of
bus stops to more suitable locations, with the consent of OCTA.
In addition, staff'has deferred consideration of some sites due to obstructions in the public right of way.
Common obstructions include private encroachments (e.g.; curbing & landscaping) and public uses (e.g.;
light and power poles, fire hydrants and street trees). Eller or the City may be required to make site
improvements at some of these locations in order to construct an ADA compliant shelter. Staffhas not
considered removing trees to construct shelters.
Summary of Advertising Shelter Sites
Ad Shelter Sites required by Agreement 44
Potential Shelter SiteS identified in the Agreement and 50
July, 1997 City Council action.
Ad Shelter bus stops deleted by OCTA. -4
Ad Shelter sites removed from .consideration due to
owner/tenant objections (See attachment A). -7
Ad Shelter Sites removed from consideration due to
physical site limits (ADA or ROW problems). -3
Ad shelters (permit applications pending). 10
Ad Shelters Installed 26
Eller Media has expressed a desire to renegotiate payment terms based on the significant delays in
implementing the project and the potential shortfall in the number of advertising shelters. Staff believes
that many of the delays and other circumstances were unforeseeable without detailed site planning and not
all delays were the responsibility of the City. Staffhas taken the position that an agreement revision will
not be considered until all possible advertising shelter locations are' eliminated.
In conclusion, a myriad of obstacles have either restricted the number of bus stops available for advertising
shelters or resulted in significant delays in the installation process. The number of shelters specified in the
agreemem may now be considered to be optimistic, especially in light of the OCTA bus stop removals and
the issuance of ADA compliance guidelines. It still is not clear how many advertising shelters can
ultimately be installed. The only variables curremly within the City's comrol or jurisdiction are the
permitting procedures and the discretionary use of City right of way. Staffhas attempted to balance the
concerns of the City's businesses versus the comfort of transit riders and City revenue needs. Staff and
Eller Media have developed a good working relationship and are resolving the issues as they arise. Staff,
however, believes that we are not at a definitive limit on the number of sites and we will continue to
examine alternative sites. Any proposed revisions to the agreemem with Eller Media will be forwarded
to the City Council for consideration. Staff anticipates that will come to the City Council within the next
six months.
Administrative Assistant II,
Public Works
Tim D. Serlet
Public Works Direaor/City Engineer
Attachmem: summary of owner/tenant objections
Summary of Owner/Tenant Objections to Placement of Advertising Bus Shelter
Location Nature of Obi ection Comments By:
Calif. Jewelry Mart and
EB First - FS Cemenmal Larwin Square and California Jewelry Mart Object due to Larwin Square
.OCTA STOP//1100 · potential reduced business visibility from First Street. Management
SB Newport - FS of Wass Owner objects due to potential reduced visibility of First Baptist Church -
OCTA STOP #08900 monument sign and traffic safety on Newport Pastor Henry Sellers
Owner and one tenant objects due to reduced visibility of
various shops from the street and potential for reduced David Melilli, Owner
EB West First St. - NS PACIFIC viability of monument sign. Site also has a owner-built and David Patterson,
OCTA STOP//00800 shelter west of bus stop. Tenant.
NB Redhill - FS Mitchell Owner objects due to interference with property entrance
OCTA STOP #11000 :and potential limited visibility of monument sign. Jacob Rem.q, Owner
SB Newport - NS of Warren Ave. Ronald Douglas, owner
OCTA STOP #08800 Owner object due to traffic safety concerns Seven Gables Real Estate
Numerous owner objections.., obstruction to entrance,
advertising content, shelter lighting,, office complex
EB Irvine Blvd. - NS of Prospect visibility, loitering and use of office restrooms by transit Jeff Huston, Huston and
OCTA STOP #06400 riders Associates
Robert Hall, General
WB Irvine - FS Prospect Owner objects due to lack of passenger traffic and visual Partner for Tustin
OCTA STOP #06800 ~incompatibility with office complex Sycamore Plaza