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Home My WebLink About12/15/1998, 2 - INTERIOR ADVERTISING POLICY FOR SLO TRANSIT VEHICLES councit ' °D=uibu 15,1998 j aGEnaa Repout he=N z CITY OF SAN LUIS OBISPO FROM: Mike McCluskey,Director of Public Works Prepared By: Brandon Farley,Transportation Assistant SUBJECT: INTERIOR ADVERTISING POLICY FOR SLO TRANSIT VEHICLES CAO RECOMMENDATION Adopt a resolution approving interior advertising policy for SLO Transit vehicles. DISCUSSION The City Council approved advertising on SLO Transit exteriors at its February 18, 1997 meeting. At this same meeting,Council also gave approval to staff to pursue interior advertising. A contract with Paul Hall to provide,promote and manage interior advertising was completed in February of 1998. However,before interior advertising can begin in earnest, a policy on what kind of advertising is appropriate for City buses is needed. The purpose of having an advertising policy in place is to guide staff decisions on the acceptability and appropriateness of advertising material. Another key reason to adopt a policy, prior to advertising rather than later, is to avoid litigation. The City of Phoenix and other metropolitan transit agencies have had litigation brought against them because they did not have a clear policy and could not be uniformly applied. Due to litigation potential, staff directed Paul Hall to cease pursuit of interior advertising until a policy could be adopted. Currently, San Luis Obispo Regional Transit Authority, City of Santa Maria, Santa Barbara Metropolitan Transit District, and Santa Monica Transportation, each allow interior advertising within their transit vehicles and have policies in place. The proposed policy for SLO Transit vehicles compares favorably with those in that prohibited types of advertising are conveyed far more explicitly than allowed uses. This kind of policy provides an firmer foundation to defend against litigationthat might ensue if an advertiserwere denied service and sought damages. CONCURRENCES This item was taken to the regularly scheduled meeting of the Mass Transportation Committee - meeting held on November 3, 1998. Unfortunately,not enough committee members were present to form a quorum,however,the general consensus of those(two)members present was to endorse the advertising policy. a-� Council Agenda Report—SLO Transit—Interior Advertising Policy Page 2 FISCAL UAPACT Adopting the policy does eliminate some potential sources of income, however staff feels that sufficient sources remain to make interior advertising viable. Sources referred to would be reflected in a slightly reduced number of potential advertisers. The Transit Manager stated at the February 15, 1997 Council Meeting that interior advertising could provide up to an additional $39,000 annually for SLO Transit Revenues received would be applied to SLO Transit's advertising budget While the possibility of litigation is always present, staff and the City Attorney, after reviewing similar cases,feel the potential in San Luis Obispo is low. ALTERNATIVES 1) Direct staff to develop another advertising policy The Council could decide to pursue an entirely different philosophy toward interior transit advertising; 2) Decide to eliminate interior advertising from SLO Transit vehicles This would reverse the previous direction of the Council and eliminate the possibility of some additional revenue to the Transit Fund. Attachments Resolution approving SLO Transit's interior advertising policy Interior Advertising Policy for SLO Transit Vehicles I:\Council Agenda Report\CAR-121598 SLO Ttensit Interior Advertising Policy a-a. RESOLUTION NO. (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN INTERIOR ADVERTISING POLICY FOR SLO TRANSIT VEHICLES WHEREAS, The City of San Luis Obispo adopts a resolution approving interior advertising policy,Exhibit A,for SLO Transit vehicles so as to guide staff in approving acceptable material and to protect the City against possible litigation. WHEREAS,advertising within City buses is one method of increasing revenues. NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo hereby approves an interior advertising policy for City buses, but not the trolley or vehicle(s) in use by the electric vehicle pilot program,and subject to City approved standards and conclusions. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of ' 1998. Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: Je rge en, Attroey �-a EXHIBIT A INTERIOR ADVERTISING POLICY FOR SLO TRANSIT VEHICLES A. PURPOSE The intent of this policy is to provide staff with guidelines to define what is appropriate material to permit within the interior of SLO Transit vehicles. The City's transit vehicles are not a public forum,and the primary purpose allowing advertising is to generate revenue for the transit system.— Advertising by local non-profit organizations and governmental agencies may be permitted as set forth below. B. PERMITTED ADVERTISING The following types of advertising are permitted within the interior of SLO Transit vehicles,subject to the restrictions in Paragraph C: • Advertisements for public transit agencies • Commercial for-profit advertisements • Advertisements which identify local non-profit organizations • Advertisements for City sponsored events • Public service announcements A. TYPES OF ADVERTISING PROHIBITED The following types of advertising are prohibited: • "Take One!"pads or similar devices used to distribute print information; • Advertisements containing sexual or profane language, or violence; • Tobacco, alcohol for human consumption, firearms,or weapons; • Illegal products or services; • Images,copy or concepts that denigrate public transportation; • Transportation related services, equipment, or products that promote `single occupancy vehicles' (SOV's); • Advertisements concerning political, social or religious issues of any kind (including but not limited to advertisements for political candidates, legislative activities, or ballot measures); • Advertisements for adult entertainment or adult businesses; • Any advertisement which: a) Appears to make a personal attack on any individual,or upon any company,product,or institution or falsely disparages any service or product,or is defamatory in any respect; b) Might be interpretedto be offensive to any religious,ethnic,racial,or political group; -4 c) Might be interpreted as condoning any type of criminal act, or which might be considered as derogatory toward any aspect of the law enforcement profession; d) Portrays acts of violence, murder, sedition, terror,vandalism, or other acts of violence against persons or institutions; or e) Depicts nudity, or portions of nudity that would be considered as offensive, distasteful,pornographic, erotic,or obscene; f) Might be interpreted as condoning any type of discrimination; or g) Might be interpreted as condoning or soliciting any unlawful act or conduct. • Advertisements which are in conflict with any applicable federal, state or local law, statute, or ordinance; • Advertisements which contain false or grossly misleading information; • Text, photographs, or any type of visual or tactual element that is associated with material which is prohibited within this policy, either as a whole or in part; • Telephone numbers, internet web addresses, mailing addresses, that direct people to material that is associated with elements that are prohibited within this policy; and • Gender specific personal hygiene products and services. A. ADMWISTRATION The Public Works Director or his/her designee shall be responsible for administering this policy. Applicant of acceptable materials shall be granted permission to enter into a contract agreement with the agent responsible for administering SLO Transit's interior advertising campaign. The Public Works Department shall review all submitted materials within 10 working days of the submitted date to review materials submitted. No material shall be permitted to be posted within SLO transit vehicles without the approval of the Public Works Director or his/her designee. Appeals of the Director's/designee's interpretations and decisions may be made to the Mass Transportation Committee (MTC) within 10 days of the decision. All appeals shall be submitted in writing to the Public Works Department. Staff shall submit appeal to the MTC at its regularly scheduled and advertised meeting, held quarterly. Following an unsuccessful appeal to the MTC, the applicant may make one final appeal to the City Council. The appeal must be made within 10 calendar days of he MTC decision. The City Council will hear and decide upon the appeal at one of its regularly scheduled meetings as time permits and within reason. The decision of the City Council shall be final. Acceptable appeals are materials submitted in writing by the applicant that presents the nature of the issue(s) clearly and concisely, why the appeal is being sought, a summary of decision(s) made by staff and/or committee, and any and all applicable dates. Following the exhaustion of administrative remedies, staff shall not accept any additional appeals for the same application, or receive an additional application for a project that closely resembles the previous application for one calendar year. at.-S