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HomeMy WebLinkAboutNB 5 BUS STOP SHELTER 05-03-93NEW BUSINESS N0. 5 5-3-93 .. '� G, I .LATE: MAY 3, 1993 I n t e r- C o m ?• TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: BUS STOP SHELTERS Pleasure of the City Council. FISCAL IMPACT There are substantial revenues and other community benefits associated with entering into a franchise agreement for the installation and maintenance of advertising bus shelters at locations throughout the city. Exact revenues cannot be estimated at this time since franchise fees and terms would need to be negotiated based on the number of shelter locations. There would be costs to the city in staff time and legal services to prepare a franchise agreement, process building permits, utility relocations, encroachment permits and monitor any franchise agreement. BACKGROUND AND DISCUSSION At a regular meeting on April 5, 1993, Councilman Thomas requested that staff provide the City Council with information regarding whether advertising bus shelters where permitted within the public right-of-way in Tustin. The issue of advertising bus shelters has been previously discussed and considered by the City Council. The City Council in July of 1991, reviewed information regarding advertising bus shelters located in the City of Irvine and referred the issue of advertising bus shelters to the Planning Commission for review and recommendation. At that time the Sign Code prohibited placement of bus shelters with advertising displays in any public safety area or in the public right-of-way. Based on direction provided by the Planning Commission and City Council, the revised Sign Code adopted in October 1991 includes criteria for permitting advertising displays on bus shelters. While advertising bus benches continue to be prohibited, advertising display bus shelters would be permitted within the City of Tustin pursuant to Section 9404 of the Tustin City Code (Sign Code) if they meet the following conditions. City Council Report Bus Stop Shelters May 3, 1993 Page 2 1. A franchise agreement or other contractual agreement acceptable to the City Attorney is required for all advertising bus shelters proposed within the public right-of-way. City Council approval is also required for all shelters located within a public safety area. It should be noted that several cities have been contacted regarding their franchise agreements with various bus stop shelter companies. Based on preliminary information gathered from other cities, potential revenue to the city from shelters can range from $75.00 to $150.00 per month per shelter. Staff, however, have also been advised by the cities we contacted that staff time and costs expended on processing and monitoring franchise agreements can result in a net loss in revenues. 2. The Planning Commission and City Engineer must review and recommend to the City Council appropriate locations, design and construction details for all advertising bus shelters prior to award of a franchise agreement or approval of alternative contractual agreement. However, in no case may an advertising bus shelter be located within a residential neighborhood. The Planning Commission may also recommend certain guidelines to the City Council on appropriate standards for advertising and/or design. 3. All advertising display bus shelters must be located based upon ridership demand, as determined by the Orange County Transit Authority and City Engineer. 4. Advertising display bus shelters must not contain advertising for tobacco or alcohol products. In addition to provisions of the Sign Code, the City also has the ability to require standard benches or bus shelters to be incorporated into the site plans for new developments. Currently all new developments in the City of Tustin, such as the Tustin Ranch, are conditioned through the subdivision process to provide bus shelters based on projected ridership demands with the shelters adhering to the architecture of the surrounding developments. New projects such as the Costco/K-Mart site have been required to provide and maintain bus shelters in order to comply with the Air Quality Management Plan, the City's Congestion Management Plan and the City's Trip Reduction Ordinance. Each of these plans or Ci7:y Council Report Bus Stop Shelters Mav 3, 1993 Page 3 ordinances requires and/or implements measures to reduce traffic and air pollution including actions such as making alternate transportation modes more accessible (i.e. transit). The state Air Quality and Congestion Management Plans also provide tools that permit the City of Tustin to require the installation of bus benches for certain new developments of a certain size outside the Tustin Ranch area where the Orange County Transportation Authority data shows the ridership is of a significant level to warrant the installation. Since the City of Tustin can require the installation of benches or shelters as a condition of project approval, there is no fabrication or installation cost to the City or its residents. Recently City staff have been contacted by a local advertising bus stop shelter company who wishes to proceed with negotiation of a contractual agreement for installation of advertising bus shelters in the City of Tustin. While this particular company has franchise agreements with a number of Orange County cities, they are also currently involved in Chapter 11 Bankruptcy action. As the Council is aware, there have been previous concerns in the City regarding sole source contracts. Since there are at least three major companies currently providing advertising bus shelters under contract to other cities, staff would recommend that a request for proposal process be utilized in the event the City Council wishes to proceed at this time with installation of advertising bus shelters at high ridership areas within the City. The Request for Proposal (RFP) would define certain guidelines and appropriate locations, standards and details for advertising and design of bus shelters which would first be reviewed by the Planning Commission. A (RFP) respondent would be responsible for the construction, installation, repair, maintenance, and insurance for a specified number of locations around the City and would stipulate the estimated compensation to be provided to the City from advertising revenues. To assist the Community Development Department and Public Works Department in preparation of an RFP document the City staff have collected a number of franchise agreements and RFP's used by other Orange County cities. Christine A. Sh' leton Robert Ledendecker Assistant City Wanager Director of Public Works Community Development City Engineer RW: bc:kbc\bushelters.mem