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HomeMy WebLinkAbout2003-07-22; City Council; 17256; Implement Subdivision Kiosk Sign ProgramL.0 CITY OF CARLSBAD - AGENDA BILL TITLE: AGREEMENT TO IMPLEMENT CARLSBAD’S SUBDIVISION KIOSK SIGN PROGRAM AND 4MENDMENT TO CITY COUNCIL POLICY NO. 65, SIGNS ON PUBLIC PROPERTY DEPT. HD. &?b$ CITY Am& CITY MGRX~D RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2003-202 APPROVING an Amendment to City Council Policy No. 65, Signs on Public Property and ADOPT Resolution No. AUTHORIZING the Mayor to execute an agreement between the City of Carlsbad and Motivational Systems, Inc. to design, install, maintain and lease space on the City’s Kiosk Signs. 2003-203 , ITEM EXP LANATl ON: Pursuant to a recommendation of a Citizens Committee to Study the City’s Comprehensive Sign Ordinance (2001), the Carlsbad City Council directed that the design of the City’s Subdivision Kiosk Signs be updated. The new updated kiosk sign design should include more contemporary colors and illustration that better reflects the image of Carlsbad as a “seaside community.” Wooden kiosk signs are currently located at major intersections throughout the City. The existing kiosk signs are freestanding structures, not exceeding 10 feet in height and 6 feet in width, which are constructed of dark brown wood with routed-in white lettering. Each kiosk sign has the words ”City of Carlsbad,” displayed on the top panel of the sign. Located below this top panel are brown wooden plaques with similar white lettering identifying the name of major subdivisions within the City with directional arrows pointing toward their location. The current kiosk sign design was approved in 1984 and the signs have been in effect since 1985. This sign program has been an effective medium for providing off-site identification for and directions to a variety of new major residential subdivisions. The sign program has also functioned to reduce the existence of illegal off-site subdivision signs within Carlsbad. SunCal Outdoor Adveriising, the sign consultant currently under contract with the City to install and maintain the City’s kiosk signs, has satisfactorily administered (i.e., construction, maintenance, repair, leasing of sign space and billing) the Subdivision Kiosk Sign Program since its inception. Accordingly, the contractual agreement with SunCal has continued on a year-to-year basis. However, pursuant to Chapter 3.28 (Purchasing) of the Carlsbad Municipal Code, as part of this effort to update the kiosk sign design, staff was required to solicit competitive bids for updating the kiosk sign design and administering the Subdivision Kiosk Sign Program. Request for Proposals to update the kiosk sign design and administer the City’s Kiosk Sign Program were sent to five (5) consulting firms, two (2) of which submitted formal proposals to the Planning Department. The Planning Department conducted a thorough review of the two proposals including: I) kiosk sign design, 2) costs and revenue sharing arrangement, 3) responsiveness to specifications, 4) references, applicable experience and reputation, 5) implementation schedule, and 6) ability to provide service. After reviewing the two proposals, staff recommends that Motivational Systems, Inc. (MSI) be hired to design, install, maintain and administer the leasing of space on the City’s Subdivision Kiosk Signs. Compared to the City’s existing Subdivision Kiosk Sign contract agreement, the MSI proposal and agreement includes several added City benefits including: I 17,256 PAGE 2 OF AGENDA BILL NO. 0 MSI will allocate 8 hours each Saturday and Sunday for the removal of illegal weekend directional signs and; 0 City monthly revenues per single face and double face sign panel are increased from $20 to $40 and $30 to $40 respectively without increasing monthly rental panel rates to the building community. The proposed new Subdivision Kiosk Sign Design is shown on Exhibit “3.” The new updated sign design is one foot wider (6’ to 7’) and comprised of more contemporary colors (blue and white sign panels with black copy) that better reflects the image of Carlsbad as a “seaside community.” Consistent with this new design, staff is recommending that Council Policy No. 65, Signs on Public Property, be amended to revise the Subdivision Kiosk Sign Design Criteria. If the Council approves this new sign design, MSI will complete the kiosk sign replacement within 63 days. As a part of their proposal, MSI assessed the City’s topography relative to the number of active and future residential projects and has suggested some additional kiosk sign locations. Accordingly, staff is also recommending that the Kiosk Sign location map attached to Council Policy No. 65 be modified to include these locations. ENVIRONMENTAL: This project is exempt from CEQA per Section 15302 (Replacement or Reconstruction of Existing Structures) and 15303 (New Construction or Conversion of Small Structures). A Notice of Exemption will be filed by the Planning Director upon project approval. FISCAL IMPACT: During FYs 2000-2001 , 2001-2002, and 2002-2003 the City received an average annual revenue of $26,616 while under contract with SunCal Outdoor Advertising. Kiosk plaque fees with SunCal are based on monthly fees of $20/Single Face and $30/Double Face. As per the agreed upon fee schedule with MSI the City will receive an annual projected revenue of $36,960. Kiosk plaque fees with MSI are based on $40/Single Face & Double Face. In addition, MSI will update and maintain, at their cost, all existing and future kiosk signs with the new kiosk sign design. All costs associated with the staff time involved in administering the Subdivision Kiosk Sign Program are recovered by monthly fees ($40/sign plaque) collected from MSI. EXHIBITS: 1. City Council Resolution No. 2003-202 (Policy 65) 2. City Council Resolution No. 2003-203 (Agreement for Kiosk Signs) 3. StrikeouVbold Excerpt of Policy 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2003-202 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REVISION TO CITY COUNCIL POLICY NO. 65, SIGNS ON PUBLIC PROPERTY, TO UPDATE CARLSBAD’S SUBDIVISION KIOSK SIGN DESIGN CRITERIA. The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, the City Council did in September, 2001, direct staff to study anc make recommendations on an update to the design criteria of the City’s Subdivision Kiosk Signs; and WHEREAS, after studying the matter, staff recommended the design criteria be revised to require more contemporary sign colors, modify the permitted sign locations and increase the permitted sign width, and; WHEREAS, the City Council did on the 22nd day of JULY I 2003 hold a public meeting to consider a proposed revision to City Council Policy No. 65, Signs on Public Property, to incorporate staff‘s recommended changes to the City’s Kiosk Sign Design Criteria and; WHEREAS, at said public meeting, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the proposed revision to City Council Policy No. 65, Signs on Public Properly. The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the Revised City Council Policy 65 attached hereto is approved. . .. .... 3 L 1 I t s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City 01 Carlsbad on the 22nd day of JULY , 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall NOES: None ABSENT: Council Member ATTEST: (SEAL) Resolution No. 2003-202 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MOTIVATIONAL SYSTEMS, INC. TO DESIGN, INSTALL, MAINTAIN AND LEASE SPACE ON THE SUBDIVISION KIOSK SIGNS WHEREAS, pursuant to Chapter 3.28 of the Carlsbad Municipal Code, the city solicited competitive bids to update the City’s Subdivision Kiosk Sign Design and administer the City’s Subdivision Kiosk Sign Program; and WHEREAS, two bids were received and evaluated based on 1) kiosk sign design, 2) costs and revenue sharing arrangement, 3) responsiveness to specifications, 4) references, applicable experience and reputation, 5) implementation schedule, and 6) ability to provide service; and WHEREAS, based on the above criteria city staff recommends acceptance of the bid from Motivational Systems, Inc. as the best value for the city; NOW, THEREFORE, the City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. The above recitations are true. 2. The bid of Motivational Systems, Inc. is accepted. 3. That the Professional Services Agreement with Motivational Systems, Inc. to design, install, maintain and lease space on the City’s Kiosk Signs, attached hereto and made a part hereof, is approved and the Mayor is authorized to execute said agreement. .... .. .... .... .... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Following the Mayor’s execution of said agreement, the City Clerk’s Office is directed to forward a copy of this resolution and said agreement to Motivational Systems, Inc., Attn: Anne Christopher, 2200 Cleveland Ave., National City, CA 91 950-6412. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 22nd day of JULY , 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall NOES: None ABSENT: Council ATTEST: (SEAL) Page 2 of 2 of Resolution No. 2003-203. AB #17,256 Reso No. 2003-203 7-22-03 AGREEMENT FOR KIOSK SIGN PROGRAM SERVICES MOTIVATIONAL SYSTEMS INC. THIS AGREEMENT is made and entered into as of the day of , 20 03, by and between the CITY OF CARLSBAD, a municipal -- corporatio (“City“), and Motivational Systems I nc., a California Corporation, (“Contractor”). RECITALS A. City requires the professional services of a Sign ConsuItanVContractor B. Contractor has the necessary experience in providing professional C. Selection of Contractor is expected to achieve the desired results in an D. contractor has submitted a proposal to City and has affirmed its that is experienced in implementing subdivision kiosk sign programs. services and advice related to implementing subdivision kiosk sign programs. expedited fashion. willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals .and the mutuaf covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in attached Exhibit “A” for the compensation described in Exhibit “A”, which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. APPROVED ,LOCATIONS A total of 29 kiosk signs are permitted on public property at the specific locations shown on attached Exhibit “B”. Additional kiosk sign locations may be approved by the City Council at a later date. 3. ADMINISTRATIVE PROViS IONS The Contractor shall be subject to the following administrative provisions: One kiosk design, as shown on Exhibit “C” will be utilized thrcughout the city. Individual tract housing development directional signs shall be approved by the Planning Director prior to mounting on a kiosk to erlsure compliance with this section. In no case shall a sign be mounted on a kiosk bcf9i-e b!Ading permits have been issued for the model homes. There shali be no additions, tag signs. streamers, devices, display boartis, or appurtenances added to the sign as originally apprwed. Furher, no other Special Kiosk Agreement bl1/21/02 1 e e e e e e e 4. directional signing may be used such as posters, trailer signs or temporary subdivision direct iona I signs. Any sign placed contrary to the provisions of this section may be removed by the city without prior notice. Each approved tract housing development may have up to a maximum of 8 modular sign plaques. Upon approval by the Planning Director, directional signs shall be permitted until the homes within the housing development are sold or for a period of one year, whichever comes first. Extensions not exceeding one year may be granted by the Planning Director. The Contractor shall administer the kiosk sign program in accordance with the provisions of this agreement. In June 2004, and each successive June during the term of this agreement, the fee schedule shall be updated to reflect the changes in the “ENR US20 cities” average construction cost index. This index is published in the June issue of Engineering News Record, McGraw Hill Publishing Company. The adjustment shall be agreed to by the CONTRACTOR and Planning Director and shall take effect on July 1 of each year. It shall be the sole responsibility and liability of the Contractor to maintain, repair, replace and repaint each kiosk and sign plaque as necessary so that they remain in good condition and repair. Additionally, at such time as the City notifies Contractor that repairs are needed to a particular kiosk or sign plaque, Contractor agrees that it shall promptly undertake everything necessary to repair or replace said kiosk or sign plaque within five business days of its receipt of the Notice. In the event that it reasonably becomes necessary for whatever reason to physically remove one or more of the kiosk structures, then upon the request of the City, Contractor agrees to promptly remove said kiosk at its sole cost and expense, that any lease@) between the Contractor and developer(s) be terminated and that the kiosk signs be immediately removed without any liability or damage to the City or as to any other claims or offsets. In the event this Agreement is terminated, all kiosk signs and sign plaques produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be removed within six weeks. The City shall have a 30-day right to purchase from Contractor some or all of the kiosk structures and sign plaques for their original cost less depreciation. STANDARD OF PERFORMANCE ~~ ~ While performing the Services:Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor’s profession Special Kiosk Agreement #I 1/21/02 2 practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 5. TERM The term of this Agreement will be effective for a period of five years from the date first above written. The City Manager may amend the Agreement to extend it for five additional one year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 6. Time is of the essence for each and every provision of this Agreement. TIME IS OF THE ESSENCE 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. Contractor agrees to indemnify and hold harmless the City and its officers, officials, I N DE M N I F I CAT ION employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or Special Kiosk Agreement #I 1/21/02 3 anyone for whose acts any of them may be liable as well as for any claims or losses suffered by City arising out of the leases. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". IO. 1 Coverams and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1 .I Commefciat General Liabilitv Insurance, $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Com pe n sa tion and Em plo ye r's Lia bil itv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. Special Kiosk Agreement #11/21/02 4 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General 10.2.2 Liability. Contractor will obtain occurrence coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providinq Certificate3 of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to, Maintain Coverase. tf Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICEMM! Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to any contracts and leases, lease income and costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All kiosk signs and sign plaques produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement are the property of the Contractor. Special Kiosk Agreement #I 1/21/02 5 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv: For Contractor: Name Michael J. Holzmiller Title Planninq Director Title Department Planning Address 2200 Cleveland Avenue City of Carlsbad National .City, CA 9 1 950 Address 163~5 Faradav Avenue Phone No. (619) 474-8247 Name Dave CowanIAnne Christopher Cadebztd CA. 92008 Phone No. (780) 602-4601 Each party wilt notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be Special Kiosk Agreement #I 1/21/02 6 responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations . Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLlJTIU& If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which woufd be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this prQcedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATIO,~ In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying contractor by certified mail of the termination. If City decides for any reason including but not limited to First Amendment challenges, to abandon or indefinitely postpone the work or services Contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement along with any fees owing to City. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul Special Kiosk Agreement #11/21/02 7 this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, which includes failure to pay all fees due to City, it may be considered fraud and Corltractor may be subject to criminal prosecution. Contractor acknowledges that Cafifornia Government Code sections 22650 et seu., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a fake claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contracfor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpcse of .. enforcing a right or rights provided 6r by this Agreement will be Wed in a court of competent jurisdiction in the County of Sat? Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mi%ally understood and agreed that this Agreement will be binding upon City and Contractor and :heir respective succcssors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contracror without the .prior consent of City, which shalt not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the padies relating to the subject matter of it. in case of confiict. the terms of the Agreement supersede the purchase order Neither this Agreement nor any of its povisions may be amended, modified, waived or discharged except in a writing signed by both parties. 8 Speciaf Kiosk Agreement #I 1:21/02 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR Motivational Systems Inc. a ATTEST: (print name/tWe) Ci€y Clerk Special Kiosk Agreement #I 1/21/02 9 If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City /attorney Deputy City Attorney 10 Special Kiosk Agreement #I 1/21/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } SS. On , before me, personally appeared&+ Date dpersonally known to me proved to me on the basis of satisfactory evidence to be the perso@ whose name@Ware subscribed to the within instrument and acknowledged to m the entity upon behalf of acted, executed the instrument. WITNESS my hanx officialyal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attach Title or ype of Docurnen &os4 5:-7mc* m. LU,dS tAd Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacityties) Claimed by Signer Signer's Name: 0 Individual C Corporate Officer - Xtle(s): Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Assoclatlon - 9350 De Soto Ave , PO Box 2402 - Chalsworth. CA 91313-2402 Prod No 5907 Reorder Call Toll-Free. 1-800-876-6827 Exhibit "A" IP Ad Motivational Systems Inc A Bid Presentation For City of Carlsbad Subdivision Kiosk Sign Program City of Carlsbad Planning Department Michele Masterson, Management Analyst 1635 Faraday Avenue Carlsbad, CA 92008 Revised 4.1.03 Motivational Systems Inc. 2200 Cleveland Avenue National City CA 91 950 Phone: (6 19) 474-8246 Fax: (6 1 9) 474-3638 Anne Christopher, V.P. Division Manager THE CITY OF CARLSBAD DIRECTIONAL KIOSK SIGN PROGRAM REVIEW April 1,2003 Seattle Fresno Motivational Systems, Inc. (MSI) was founded in February 1975 and incorporated in 1976 in the State of California. The corporation holds a contractor's license for the following states: 7 Sales-Install-Service 3,000 2 Sa les-lnsta I I- Service I 1,100 1 . California Contractor License No. 4821 16 with the valid classifications 2. 3. 4. 5. 6. C6 1 /D42 (sign installation), C45 (electrical sign installation), C6 1 /04 and C4J. Utah Contractor License No. 444860, S440 Nevada Contractor License No. 003 1 497, classification C6ND. Arizona Contractor License No. 0902 13, classification L-38. Oregon Contractor License No. 70542 (Spec. Cont./All Structures). Washington Contractor License No. 601 357 856, classification C1. MSl's experience, personnel, facilities and tenure in the industry make it a suitable and reliable candidate for your .consideration. We carry Professional Liability Insurance and Professional Errors and Omissions insurance in the amount of ($1,000,000.00) in each policy. The City Of Carlsbad Directional Kiosk Sign Program April 1,2003 -. - - -_ - __ l__l__--~_-_I--__I_- I_ - __ --_-I ~ ...... - MSI - --- Key - Personnel --I-_-- - -- L __.--__I The San Diego facility and corporate personnel will be involved in the accomplishment of the kiosk program objectives. Distribution of responsibility, key management and supervisory personnel for the major program elements will be assigned as follows: Project Manager/ Son Diego 1 Marketing: ~ Anne Christopher VP Division Manaqer I Sign Locations, San Diego Ground Leases, Permitting ond Maintenance: Brian Romano Service Operations Manager Responsible National City, Corporate Managing Officer: David Cowan Vice President, RMO Production: National City, Corporate Jerry Landes Vice President, Operations Installation: San Diego Scott Tillinghast Production Bil ling/Accounting : National City, Corporate Gina Sullivan Accounting Sales: San Diego Anne Christopher VP Division Manager Corporate Service: Corona John Kelley Corporate Service Operations Manager 2 The City Of Carlsbad Directional Kiosk Sign Program April 1 , 2003 Anne Christopher With over twenty years of experience in the building industry, Ms. Christopher presently holds the position of Son Diego Division Manager. She joined MSI in 1997 and quickly advanced from account executive to sales manager before taking on her current role. She has served on the BIA, SMC and HBC boards, has chaired major BIA industry events including SAM, BIG, and Installation, and is involved with several charitable and philanthropic organizations. Ms. Christopher holds a Bachelor of Arts degree from the University of California, Riverside. Her commitment to honesty and integrity has earned her tremendous industry respect and recognition. Son Diego Vice / Division Manager Jerry Landes Vice President / Operations Mr. Landes joined MSI in 1990 with thirty years of operations experience. He received management education from both Stanford and San Diego State Universities. Mr. Landes assists Division and Production Managers with day-to-day operations, training and long-range planning. He is responsible for the overall manufacturing and installation of all signoge products produced by MSI. His abilities in scheduling, policy and procedure implementation, quality and cost management enable the company to maintain multiple schedules while producing cost-effective, top quality product. Brian Romano Son Diego Division / Service Operations Manager Mr. Romano joined MSI in 1999 with fourteen years in the real estate industry. He successfully served as Weekend Area Supervisor before advancing to Service Operations Manager in 2000. Mr. Romano’s diligence, dedication, strong leadership skills and working knowledge of municipal ordinances and codes make him an asset to San Diego’s service team. 3 The City Of Carlsbad Directional Kiosk Sign Program April 1,2003 Scott Tillinghast San Diego / Production Manager Mr. Tillinghast joined MSI in 2003 with 24 years of purchasing and production experience. Having worked in various production environments, he brings diverse experience to our operation. As Production Manager, he is responsible for organizing the work flow and coordinating between sales, production and installation. Gina Sullivan Corporate Office Manager Ms. Sullivan joined MSI in 1999. She progressed through positions of Accounts Receivable Manager and Corporate Service Administrative Manager before accepting the position of Corporate Office Manager, overseeing the company's billing and bookkeeping operations. Ms. Sullivan holds a Bachelor of Science degree from Son Diego State University. Her management and financial experience, her attention to detail and her commitment to customer service provide MSl's clients with accurate and timely information on the status of their accounts. John Kelley Mr. Kelley joined MSI in 1990. He has been involved with all levels of service operations at multiple divisions before advancing to Corporate Service Operations Manager in 1997. He personally project-manages a large portion of our kiosk programs and played a key role in the start-up of six MSI divisiois. Mr. Kelley's business background, extensive understanding of municipal ordinances and codes, and well-developed network of municipal relationships are a strong asset to MSl's service clients Corporate Service Operations Manager 4 The City Of'Carlsbad Directional Kiosk Sign Program April 1,2003 The Management approach will be built around an intricate understanding of sign ordinances, sensitivity to the needs of the City, and building community. All data transfers between MSI and the City will be hard copy documentation to include: J Monthly updates of map of the sign locations. J List of locations. J List of users per location. J Status report of removed signs. J Kiosk program status report. J Kiosk panel order form. MSI will provide interested parties with a marketing package to include a letter and ordinance excerpts, list of locations, map of locations, and o kiosk panel order form. All approved requests for new signage, signage repair and signage removal shall be in writing and shall be completed by MSI within three working days of receipt of such notice. MSI anticipates that all project elements will be done 100% in-house. Therefore, there will be no subcontractors to manage. We will utilize structural engineers from, Structural Technology Consultants, Inc., to process the structural drawings for wind load and breakaway calculations. MSI has an unsurpassed reputation for quality work, commitment to schedules and budgets in the residential building industry. 5 The City Of Carlsbad Directional Kiosk Sign Program April 1,2003 MSl's approach to this program will be one of a professional consultant and partner with the City in the implementation and administration of this program. The result will be a program the City, its citizens, the building community and MSI can be proud of. In addition, MSI will comply with all requirements of the City's sign ordinances pertinent to kiosk signs. Prior to installation of the signage, we will conduct a "walk-through" to ensure all signs are up to specifications. All sign locations will be installed in the street side rights-of-way. MSI will implement a weekly: J Inspection. J Installation. J Sign removal. J Maintenance program. We anticipate that, if not'entirely controlling vandalism, this will mitigate its negative impact on the sign program. Additionally, all signs will be treated with a graffiti guard product. Graffiti removal will be completed within 24 hours. As previously mentioned in the management approach section, MSI will create a marketing package introducing the kiosk program. In determining panel sequencing top to bottom on the structures, left turns will be at the top. The next panel(s) will be right turns followed by straight ahead panels. This facilitates a safe and orderly traffic flow while homebuyen navigate around the community. In the interest of fairness to all program users, a policy will be used that provides panel sequencing to be first left turn then right turn, then straights, as well as proximity to the project. This policy will be covered in the marketing package to be sent to interested parties. 6 The City Of Carlsbad Directional Kiosk Sign Program April 1, 2003 The following work program will be finalized between MSI and the City. The following is a brief description of the program elements. The implementation of the sign program will require an overall timeline of 10 business days. Location Analysis (two davs) City provided map will be reviewed by MSI and City staff. Throughout the location analysis phase, public health and safety considerations will take precedence over all other requirements. Final sign locations will be subject to review and approval by the Building Director, Planning Director and City Engineer. Leasina/Perm itti nq (five days1 Upon location approval, MSI will initiate the process of obtaining ground leases, encroachment and building permits as required. Fabrication/lnstallation (ten davsl Concurrent with the leasing/permitting phase, we will commence construction. Marketina Ion-aoind Concurrent with fabrication, upon acquiring leases and permits, all potential Kiosk panel users will be contacted in a timely manner. This will provide ample time to ensure complete and fair participation prior to commencement of Kiosk installation. Marketing and leasing will be an ongoing process. A marketing packet will be prepared containing price lists for set-up fees, leasing, along with the current map of locations and availability. This packet wilt be sent to all sub-division builders at the time Kiosk sign building permits are applied for or issued. 7 The City Of Carlsbad Directional Kiosk Sign Program April 1,2003 Maintenance and Service [onqoing) Our present goal is to dedicate a minimum of one full day each week to install new panels, remove old panels and provide general required maintenance. As the structures age, repaints will be required. In addition, we will allocate a minimum of 8 hours each Saturday and Sunday removing all weekend directional signs, as well as provide a weekly report to the Sign Enforcement Officer. As additional structures are added to the kiosk sign program, more time will be allocated for service, maintenance and enforcement. Ad m i n i s tratio n (0 na oi ng) The tasks of administration include: J J J J J J Invoicing and collection. Program i nvento ry . City enforcement reports. Coordination of new panel production. Removal of old panels. Revisions of map and list of locations. 8 The CiIy Of Carlsbad Directional Kiosk Sign Program April 1 , 2003 MSI Subdivision Lease Sian Proqrams Since 1974 MSI has designed, fabricated, installed and maintained literally thousands of off-site sign structures in California, Nevada, Arizona and Washington. The marketing and leasing of these programs to homebuilders and developers includes all aspects of obtaining ground leases, permitting and maintenance. MSI presently manages lease contracts of several hundred signs for individual subdivision housing tracts for communities and municipalities which permit off-site signs. Maintenance crews monitor our sign programs on a periodic scheduled basis to perform routine repairs, i.e., leaning and damaged structures/faces/panels, graffiti, etc. MSI Maior Kiosk Proarams In addition to the above subdivision signage programs, MSI has also designed, fabricated and installed a number of kiosk programs for multiple municipalities and various master planned communities, which we are currently responsible for all aspects of marketing, administration and maintenance. 9 The City Of Carlsbad Directional Kiosk Sign Program April 1 , 2003 The major kiosk programs we have maintained or are maintaining are listed below: 1. 2. 2. 3. 4. 5. 6. 7. 7. 8. 9. 10. 11. 12. 13. 14. Dublin Ranch Kiosk Program (Dublin, CA) La Vigne Kiosk Program (Dublin, CA) Belvedere Kiosk Program (Brentwood, CA) Brentwood Hills Kiosk Program (Brentwood, CA) City of Casa Grande Kiosk Program (Casa Grande, AZ) City of Chula Vista Kiosk Program (Chula Vista, CA) City of Danville Kiosk Program (Danville, CA) City of Goodyear Kiosk Program (Goodyear, AZ) City of Oceanside Kiosk Program (Oceanside, CA) City of San Marcos Kiosk Program (San Marcos, CA) Rancho Del Or0 Kiosk Program (Oceanside, CA) Rancho Del. Rey Kiosk Program (Chula Vista, CA) Riverbend Kiosk Program (Sacramento, CA) Aviara Kiosk program (Carlsbad CA) City of Antioch Kiosk Program (Antioch, CA) Scripps Ranch Villages Kiosk Program (San Diego, CA) 10 The City Of Carlsbad Directional Kiosk Sign Program April 1, 2003 Barraft American Rick Fletcher Brehm Alice Cummings Communities city of Nathan Crane Avon do le City of Casa Rick Miller Grande cify of Harvey H. Krauss Goodyear City of Chula Sue Gray Vista city of Greg Anderson Oceanside The Corky McMillin Melissa Mohr Cornponies Shea Homes Diane Rivera Western Pacific Gail Nokomura Housing city of Greg Anderson Oceanside 2035 Code del Nogal, #160 (760)43 1 -0800 Corlsbad, CA 92009 1935 Camino Vida Roble Carlsbod, CA 92008 Kiosk Program 1225 S. Fourth Street Avondale, AZ 95323 Kiosk Program 510 E. Florence Blvd. Casa Grande, AZ 85222 Kiosk Program 190 N. Litchfield Rd. Goodyear, AZ 85338 Kiosk Progro m 276 Fourth Avenue Chub Vista, CA 91 91 0 Kiosk Program 300 North Coast Highway Oceanside, CA 92054 2727 Hoover Avenue National City, CA 91950 1072 1 Treena Street #200 Son Diego, CA 921 31 5790 Fleet Street #210 Carlsbad, CA 92008 Kiosk Program 300 North Coast Highway Oceanside, CA 92054 (7 6 0)4 4 8 - 24 2 0 (6 2 3) 93 2 - 6 0 8 8 (520)42 1 -8637 (623)932-3004 (61 9)69 1 -5622 (760)966-4801 (6 1 9)336-3602 (858)549-3 7 56 (760)929- 1600 (7 6 0) 9 6 6 - 4 8 0 1 11 The City Of Carlsbad Directional Kiosk Sign Program April 1, 2003 _-___.__c_.I_______ .. -.._. ............... ................. _-^.l_-l_.. Reference .............. Lemm'and-Kiosk - ............. Stmctures ..... ,.. __I.___- - .............................................................. .-- Copies of Reference Letters and Kiosk Structure examples are included. Examples of City Of Corlsbad Kiosk Designs are included. - __ - _l_l -. ~ - _. - &Pl!?ROf PEe_PeFs-- - . Examples of Program Forms ore included. WBitA-. .-_ . - . - - .. MSI Owned Kiosk Structure Rate Card. Examples of City Of Carlsbad Sign Locations are included. ................ ... ........... .^_._._ .. ._ ......... __ - .. - ........ .. -. ... _- .. __ ...... - - ..... __ .. ._ . 12 The City Of Carlsbad Directional Kiosk Sign Program April 1,2003 0 The design conforms to the city's maximum sign dimensions. Copy and or background colors maybe available in reflective materials. 0 Secondary structures, last turn signs, are 70% of large sign dimensions. 13 Directional Kiosk Sign Program WORK FLOW ANALYSIS WEEK2 1 2 3 4 5 6 7 8 9 10 Sign Locations MINIMUM SIGHT DISTANCE REQUIREMENTS D.1 D2 e 175.00' 325.00' 400.00' 475.00' 176.14' 325.62' 400.50' 475.42' 83'28'49'' 86'28'43" 87'08'1 5" 87'35'20" rn No obstructions higher than 2.5 feet in the sight triangle. rn No obstructions lower than 10.0 feet in the sight triangle. rn City kiosk-type signs are the only signs allowed in the public right-of-way and they must be constructed of either un-reinforced block without anchor dowels into the footing; or, a post-type sign with break-away anchoring system (ex: posts bolted to a plate mounted in a concrete base). rn The visibility triangle is determined from the driver's eye position of a vehicle entering the street either from an adjacent street or driveway. The data to use is determined by the type of street that the vehicle is entering, not by the type of street that the vehicle is on. The visibility triangle is measured from a point 20 feet behind the curb and 3.5 feet above ground. Sign Locations USING CITY SIGHT DISTANCE GUIDELINES H PROPERTY LINE H SIGHT LINE H SIGN LOCATION 0 J k r\ z I @ I I I I I I t i I I I I I I I I I I I I I I I I I I I I I I I I I I @ Ig I 'I I \ I I I I I I I I I I I I I I I I I' I I LINE OF SIGHT AREA LINE OF SIGHT AREA Sign Locations STREET MEDIAN MID-BLOCK 0 4 LANE STREET 41 t I -1 I I I I I I I I I I CURB rn KIOSK SIGN MEDIAN W l I I I I I I I ----+-- I I I 1 PLAN VIEW NOT TO SCALE I KIOSK CURB- ELEVATION VIEW NOT TO SCALE Sign Locations STREET-SIDE PARKWAY WITH DETACHED SIDEWALK MID-BLOCK 4 LANE STREET 4r 41 I I I I I I I I I I 1 I I I I I I I I I I I I I I I KIOSK SIGN PlAN VlEW NOT TO SCALE ELEVATION VlEW rn NOT TO SCALE I Sign Locations STREET-SIDE PARKWAY WITH CURBSIDE SIDEWALK MID-BLOCK 4 LANE STREET 11 It I I I I I I I I I I I I I I I I I I I I I I I I I I KIOSKSIGN I PLAN VIEW NOT TO SCALE 1 I ELEVAllON VIEW NOT TO SCALE I P id blotivational Systems Inc ORDERED BY : COMPANY: (NAME & TITLE) ADDRESS: Date: Contract No. BILL To: Al"I0N: (COMPANY) ADDRESS: City of Carlsbad Directional Kiosk Sign Program Order Form FAX: FAX: , I b Panel Qty 1 @ D/F South line Baseline Road at Cooper Road (3 SIF D/F , EasWest facing 1 Fill out form cornpIete1y. As shown in dte example below, indicate the following by circling the approph designations. A. In Box 1, circle the number(s) of the stntcaue(s) you wish to lease. B. In box 2 and/or 3 circle your requiremCnt for shgk face (SF) or double face @/F) directi0nals. C. In Box 5 andor Box 6 circle the fk(s) direction. Note: A panel indicated by an "N" is north Eace for southbound traffic. Add a directional atrow (Left, Right, Straight or "U" turn) next to the panel face designation. D. In &>?r 7 indicate the number of S/F and/or D/F panels you want to iease on this structure. Initials, Client Initials, MSI 2200 Cleveland Ave., National City, CA 91950-6412 619/474-8246 Fax 61 9/474-0678 www.Motivational$ystems.com 2-r 8 City of Carlsbad Directional Sign Program Order FoMarticipation Survey SAMPLE ONLY - ACTUAL LEASE AGREEMENT TO BE REVIEWED AND APPROVED BY CITY TE~nzs & CONDITIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. mS AGREEMENT IS IN EFFECT FOR lWELVE (12) MOKMS FROM Dll'IUL PANELINSTALUTION. UPON EXPWTION OF THE THtM HEREOF, THIS AGREEMENT SHALL C0"UE IN FULL FORCE AND EFFECT ON A MONTH-TO-MONIW BASS, TERMINABLE UPON THIRTY (30) DAYS' WRllTEN NOTICE FROM PARTY TO THE OTHER This agreement constitutes the first invoice, which is billing for production, tax, and fmt full and last month's lease fees. The second invoice will be prorated to reflect the actual sign panel installation date. Each succedq invoice will be for the monthly lease fee per panel. Loss of advertising Service resulting fiom removals or destruction by the elements or other causes shall be made up in an equivalent mount of advertising time at the expiration of this contract. lhe loss of advertking due to any of the above causes shall not be considered a breach or termination of this contract. A monthly invoice shall be submitted by MSI to Client on apjmhately the 25th day of each month proceeding the month of the lease. The terms of this Agreement shall be on receipt limn the date of invoice. All obligations thereof shall apply to and bind Client's heirs, executors, successors and assigns. In the event any payment is not made when due, Client shall pay a service charge on same at the rate of one and one-half percent (1 10%) per month for all payments less than $5,000 and one percent (1%) per month for all amounts in excess thereof. At such time as a payment is more than fifteen days overdue, all payments subsequent thereto may, at MI'S option, become immediately due and payable. After payment is !ifteen days overdue, MSI shall have the further nght and option, in addition to any other rights herein granted, to terminate this agreement andor to rent the advertmng space on such terms or conditions as MSI Should any dispute between the parties hereto arise, it is agreed by and between Client and MSI that the laws of the State of California shall be applied thereto. It is further agreed that this agreement is considered to have been executed in the County of San Diego, City of National City, California, for purposes of venue. Delay in the execution of this contract resulting hm Acts of God, or any cause beyond the control of MSI, such as shilce, work stoppage, picketing, damage or concerted action by an employee or any labor organization, shall not constitute grounds for cancellation. In the event of loss of service occasioned by any such cause, Client shall be granted suitable credit in the fonn of extended service which shall be of a value equal to the credit due and considered full compensation. This agreement is not intended as a legally phrased document, but rather expresses a meeting of minds between the parties whose signatures appear thereon. It is hereby acknowledged and ageed that this agreement contains the entire agreement between the parties hereto and that no representative of either the Client or MSI has any authority to change or modify any of the provisions hereof nor to substitute or add any addibonal provisions. shall provide. ACCEPTED BY Client Name & Title MSI Name & Title Date Date CITY OF CARLSBAD KIOSK PROGRAM Monthly Status Report Per Location - Dane1 # Developer Project COPY Date #1 I I I I #2 I I I I I I I #4 I #5 I #7 I I I CITY OF CARLSBAD KIOSK PROGRAM Monthly Status Report Per Location I Panel ## Developer Project COPY Date #1 #2 #3 Y #5 #6 , #7 I I CITY OF CARLSBAD Weekly Status Of Non-ConformingIRemoved Signs DATE: SIGN # LOCATION: SIZE: SINGLE - FACE D : DOUBLE-FACED: DEVELOPER: PROJECT: STATU S : UP: REMOVED: A77ACH PHOTO HERE Mail to: Code Enforcement Officer City Of Carlsbad : GS (CARLSBADSTAT) J 9 8 w %/. 1 ! i ! I 1 I ! ! Exhibit "C" e 5 2. m - 0 c s- e e I' v p i 9 a- 3 4 1 - n P f e 6 6 1 60 =m 25 0 m 3 CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Specific Subject: Signs on Public Property EXHIBIT 3 Page 5 of 9 Policy No. 65 Date Issued October 23.2001 Effective Date October 23.2001 Cancellation Date Supersedes No. Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File City may summarily remove a permitted sign without notice, for a time sufficient to deal with the urgency. All permittees shall comply with all notices to temporarily remove the permitted signs, and to return them to display only in accordance with the City's directions. 7. INSURANCE AND INDEMNITY A Permit under this section will be issued only to an applicant who provides evidence of comprehensive general liability insurance coverage, in a form satisfactory to the Community Development Director, which shall name the City as an additional insured and provide thirty day notice of cancellation. The minimum liability coverage on such policy shall be one million dollars; such coverage shall apply to claims of personal injury including death, property damage and advertising injury. Application for a Permit shall constitute an agreement to hold harmless, defend and indemnify the City against all claims relating to property damage or personal injury, including death, which assert that the permitted sign played any legally significant role in the creation of the liability. 3. CANCELLATION OR MODIFICATION OR PROGRAM The City may, at any time and for any reason, cancel or modify this program allowing commercial A-Frame signs in the public right-of-way in the Village Redevelopment Area. SECTION EIGHT: REAL ESTATE FOR SALE "KIOSK" SIGNS IN PARTICULAR LOCATIONS 1. INTENT AS TO PUBLIC FORUM The City's intent as to this section is to designate a strictly limited public forum, which allows only the posting in convenient places of directional information regarding tract housing developments which are currently selling homes located within the City. 2. KIOSK SIGNS FOR NEW TRACT HOUSING DEVELOPMENTS Kiosk signs are permanent freestanding structures, not exceeding 10 feet in height, 6 7 feet in width, which contain modular information strips, not exceeding 10 inches in height, 5 6 feet in width, providing information about tract housing developments (of more than 4 units) which are currently selling new homes located within the City. Such signs may display only the following information: the name of the development, developer and/or marketer thereof, and the direction to the development from the sign. Each kiosk will have "City of Carlsbad" e~ and the city logo displayed in a prominent location on the sign. One kiosk design will be utilized throughout the city. This kiosk design is on file in the Planning Department. All tract housing development signs mounted on the kiosks shall be the same design and shall be ~~HWXWR white wood with black lettering. Letters shall be consistent in size, width and thickness of print. Letters shall be all upper case letters not more than 6 inches in height. ' CITY OF CARLSBAD COUNCIL POLICY STATEMENT Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File Page 6 of 9 Policy No. 65 Date Issued, October 23,2001 Effective Date October 23,2001 Cancellation Date Supersedes No. Individual tract housing development directional signs shall be approved by the Planning Director prior to mounting on a kiosk to ensure compliance with this section. In no case shall a sign be mounted on a kiosk I before building permits have been issued for the model homes. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign 1 as originally approved. Further, no other off-site directional signing may be used such as posters, trailer signs or temporary subdivision directional signs. Any sign placed contrary to the provisions of this section may be removed by the city without prior notice. Each approved tract housing development may have up to a maximum of 8 directional signs. Upon approval by the Planning Director, directional signs shall be permitted until the homes within the housing development are sold or for a period of one year, whichever comes first. ,Extensions not exceeding one year may be granted by the Planning Director. A neighborhood shall not be allowed any directional kiosk signs if there are any other offsite signs advertising the housing development anywhere in the City. If any advertising signs are erected and not promptly removed upon demand by the city, all kiosk signs for that subdivision shall be removed, the lease cancelled and no refund given. 3. PRIVATE CONTRACTOR FOR MANAGEMENT OF THE KIOSKS The City may enter into a contract with a private contractor to design, erect, modify, replace, maintain and manage the kiosk signs allowed by this section. Such contract must be approved by the City Council, and may require that the contractor pay to the City a rent or royalty on advertising revenues. All the terms of said contract, and all payments to the City hereunder, shall be public information. 4. INSURANCE REQUIREMENT In the event the City selects a private party contractor to manage the kiosks, the City may require the private party contractor to provide evidence of comprehensive general liability insurance coverage, in a form satisfactory to the Community Development Director, which shall name the City as an additional insured, and provide 30 day notice to the City of cancellation. The minimum liability coverage on such policy shall be one million dollars. Any private party contract must include a provision for the contractor to hold harmless, defend and indemnify the City against all claims relating to property damage or personal injury, including death, which assert that the kiosk sign played any legally significant role in the creation of the liability. CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Specific Subject: Signs on Public Property Page 1 of 9 Policy No. 65 Date Issued 07/22/03 Effective Date 07/22/03 1 Cancellation Date Supersedes No. Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File SECTION ONE: PROPRIETARY CAPACITY; CHANGES TO POLICY In adopting this policy, the City Council acts in its proprietary capacity as to Public Property within the City. This Policy Statement may be changed at a regular public meeting of the City Council. SECTION TWO: INTENT AS TO PUBLIC FORUM The City declares its intent that all Public Property in the City shall not function as a designated public forum, unless some specific portion of Public Property is designated herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period, if any. SECTION THREE: SIGNS MUST BE PERMllTED OR EXEMPTED No "sign," as defined in the sign ordinance, may be displayed on Public Property, unless a Public Properly Sign Permit therefore has first been issued, or the subject sign is expressly exempted from the Public Property Sign Permit requirement by this Policy Resolution or another applicable Policy Resolution. All Public Property Sign Permits must be consistent with the policies stated herein. Any sign posted on Public Property within the City, contrary to the policies stated herein, may be summarily removed as a trespass and a nuisance by the City. SECTION FOUR: TEMPORARY POLITICAL, RELIGIOUS, LABOR PROTEST AND OTHER NONCOMMERCIAL SIGNS IN TRADITIONAL PUBLIC FORUM AREAS This section applies only when the Special Events Chapter of the Carlsbad Municipal Code does not. In areas qualifying as traditional pu.blic forums, such as streets, parks and sidewalks, persons may display noncommercial message signs thereon without first obtaining a Public Property Sign Permit, provided that their sign display on Public Property conforms to all of the following: 1. The signs must be personally held by a person, or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet of the sign at all times. 2. The signs may be displayed only during the time period of sunrise to sunset. 3. The maximum aggregate size of all signs held by a single person is 10 square feet. 4. The maximum size of any one sign which is personally attended by two or more persons is 50 square feet. 5. The displayed signs may not be inflatable or air-activated. 6. In order to serve the City's interests in traffic flow and safety persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. CITY OF CARLSBAD I ~aae 2 of 9 I COUNCIL POLICY STATEMENT General Subject: Specific Subject: Signs on Public Property Policy No. Date Issued 07/22/03 Effective Date 07/22/03 Cancellation Date Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File SECTION FIVE: PUBLIC PROPERTY SIGN PERMITS; APPLICATION FORMS AND PROCEDURES The Community Development Director shall prepare and make available to the public a form for Application for a Public Property Sign Permit (Permit), which shall, when fully approved, constitute a Permit and indicate the City's consent, in its proprietary capacity, for placement of a sign. The applicant for the permit must be the same person or entity who is to be the owner of the sign. The processing fee for each application, which shall not be refundable even if the application is denied, shall be the same as the fee for a sign permit under the sign ordinance. To each application form shall be attached a copy of this Policy Statement. The application form shall require the applicant to indicate that he or she has received a copy of this Policy Statement, and that they shall abide by its terms, as well as any special terms or conditions which may be stated on the Permit, and to abide by any new or different conditions which may be imposed on all permittees who are similarly situated. Any Public Property Sign Permit issued in error may be summarily revoked by any officer of the City, by simply informing the applicant of the nature of the error in issuance; any applicant whose permit is revoked as issued in error may, at any time thereafter, submit a new permit application which cures any deficiencies in the original application. The application fee shall apply separately to each new application. Applications 'which fully comply with the terms and conditions of this Policy Statement shall be duly issued. Applications which are denied, or permits which are revoked or suspended, may be appealed in the same manner as denials of sign permits, as described in the Sign Ordinance. SECTION SIX EXEMPTIONS FROM PERMIT REQUIREMENT The following signs are exempted from the Permit requirement: Traffic control and traffic directional signs erected by the City or another governmental unit; official notices required by law; signs placed by the City in furtherance of its governmental functions; signs allowable under Section Four of this Policy. SECTION SEVEN: PERMITS FOR A-FRAME SIGNS IN CARLSBAD VILLAGE REDEVELOPMENT AREA, BEARING COMMERCIAL MESSAGES ONLY 1. INTENT AS TO PUBLIC FORUM The areas and times controlled by this section are designated to constitute a limited access, non public forum which is strictly limited to commercial messages, and which is open only to those persons described in this section and on the terms stated in this section. 2. WHERE A-FRAMES MAY BE PLACED; PHYSICAL STANDARDS 'I A-Frame" signs, as that term is defined in the sign ordinance, may be placed in particular portions of the public right-of-way, within the Carlsbad Village area only, namely, on the public sideway directly in front of the store or other establishment displaying the sign. CITY OF CARLSBAD COUNCIL POLICY STATEMENT Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File Page 3 of 9 Policy No. 65 Date Issued 07/22/03 Effective Date 07/22/03 Cancellation Date Supersedes No. Such signs may have no more than 2 display faces, every display face shall be a flat, smooth surface, and remain completely free of dangerous protrusions such as tacks, nails or wires however, cutouts of any shape are allowed. Sign faces shall be back to back. No banners, ribbons, streamers, balloons,.or attachments of any kind may be affixed to the sign. The sign may not use any moving parts or include a display face which is hinged, or which otherwise swings or hangs from a frame. No glass, breakable materials or illumination is allowed, The signs shall be physically stable and balanced flat on the sidewalk. The sign must be self- supporting, stable and weighted or constructed to withstand overturning by wind or contact. All such signs may be placed in the permitted space on the public right-of-way only when the retail establishment is actually open for business. The sign must be placed on the public sideway within the 2 feet closest to the curb or edge of the sidewalk, directly in front of the business which owns the sign. Each display face shall have a maximum area of 15 square feet, and shall not exceed 5 feet in height or 3 feet in width. Changeable text area of the sign may not exceed 50% of the display face. No such sign may have special illumination and the display portion may have no parts which move, flash, blink or fluoresce. Fluorescent or "day glow" colors are not allowed. No paper or non-rigid changeable text areas are allowed. The sign shall not be permanently affixed to any object, structure, or the ground, including utility poles, light poles, trees or other plants, or any merchandise of products displayed outside permanent buildings. At no time may the sign be placed in the street or in any position which impedes the smooth and safe flow of vehicular and pedestrian traffic, or which interferes with driver or pedestrian sight lines or comer clear zone requirements as specified by the City. No sign shall be placed in such a manner as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape or access for persons with disabilities. A clear area of at least 5 feet in width must be maintained for pedestrian use over the entire length of the sidewalk in front of the business. Signs shall not obscure or interfere with the effectiveness of any official notice or public safety device. Signs shall not simulate in color or design a traffic sign or signal, or make use of words, symbols, or characters in such a manner as may confuse pedestrians or drivers. Every sign and all parts thereof shall be kept in good repair. The display surface shall be kept clean, neatly painted, and free from dust, rust and corrosion. Any cracked, broken surfaces, missing sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced or removed within 30 days following notice by the City. The copy on the sign must be strictly of a commercial nature, must not indude copy or messages pertaining to "noncommercial speech" as that term is defined in the Sign Ordinance, and must refer or pertain to goods, activities or services which are actually available in the subject store at the time the sign is displayed. Page 4 of 9 ' CITY OF CARLSBAD Policy No. 65 Date Issued 07/22/03 Effective Date 07/22/03 Cancellation Date Supersedes No. I Specific Subject: Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File 3. WHO MAY DISPLAY AN A-FRAME SIGN IN THE VILLAGE REDEVELOPMENT AREA The A-Frame Signs allowed by this section may be displayed only by the operators of retail commercial establishments with ground floor frontage on streets within the Village Redevelopment Zone, who hold a currently valid City business license, who are not currently in violation of, or nonconformance with, any of the zoning, land use, environmental or business regutatory laws, rules or policies of the City. Each eligible business location is allowed a maximum of one A-Frame sign. However, when a business is located within a business arcade or courtyard area, in which case only one "tenant directory" sign, which lists all of the businesses within the arcade or courtyard, is allowed. The display area of the permitted A-Frame sign shall not count as part of the total signage for the business, which is allowed under the Sign Ordinance. 4. TRANSFER OF PERMIT The Permit attaches to the business at the location specified. If the business is sold or transferred, and remains at the same location, then the Permit shall automatically transfer to the new owner or transferee, who shall be bound to the terms and conditions of the original Permit. However, if the business which first obtained the Permit moves to a different location, or if the location is then taken by a new business, a new application and Permit shall be required. 5. TERM OF CONSENT INDICATED BY PERMIT; REVOCATION AND RENEWAL The Permit is revocable or cancelable at will by the City. However, the City will cancel a Permit without cause only when it does so to all permittees who are similarly situated. Any Permit may be revoked for noncompliance, 30 calendar days after notice of noncompliance remains uncured, or in the case of a noncompliance condition which constitutes a threat to the public health, safety or welfare, summarily. When a Permit is revoked, the owner of the sign must physically remove it from the public right of way within 24 hours of notice of revocation; upon failure to do so, the City may summarily remove the sign and hold it in storage until all costs of removal and storage are paid by the sign owner, upon which condition the sign shall then be returned to its owner. There is no guarantee that the City will continue the policy stated herein. Permittees hold no expectation of renewal of any given Permit, acquire no vested right to continue displaying the sign on public land, and waive all claims of inverse condemnation (uncompensated taking of private property) as to the permitted sign, when they submit the original application. 6. TEMPORARY REMOVAL The City may give notice, by any reasonable means, that consent to display an A-frame is or shall be withdrawn temporarily so as to serve a more urgent or more important public need, such as, without limitation, dealing with a natural disaster, a traffic emergency, a temporary need to make more space available on the public right-of-way, a civil disturbance, a parade, an election, or other special event. In urgent situations, the CITY OF CARLSBAD COUNCIL POLICY STATEMENT Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File Page 5 of 9 Policy No. 65 Date Issued 07/22/03 Effective Date 07/22/03 Cancellation Date Supersedes No. City may summarily remove a permitted sign without notice, for a time sufficient to deal with the urgency. All permittees shall comply with all notices to temporarily remove the permitted signs, and to return them to display only in accordance with the City's directions. 7. INSURANCE AND INDEMNITY A Permit under this section will be issued only to an applicant who provides evidence of comprehensive general liability insurance coverage, in a form satisfactory to the Community Development Director, which shall name the City as an additional insured and provide thirty-day notice of cancellation. The minimum liability coverage on such policy shall be one million dollars; such coverage shall apply to claims of personal injury including death, property damage and advertising injury. Application for a Permit shall constitute an agreement to hold harmless, defend and indemnify the City against all claims relating to property damage or personal injury, including death, which assert that the permitted sign played any legally significant role in the creation of the liability. 3. CANCELLATION OR MODIFICATION OR PROGRAM The City may, at any time and for any reason, cancel or modify this program allowing commercial A-Frame signs in the public right-of-way in the Village Redevelopment Area. SECTION EIGHT: REAL ESTATE FOR SALE "KIOSK" SIGNS IN PARTICULAR LOCATIONS 1. INTENT AS TO PUBLIC FORUM The City's intent as to this section is to designate a strictly limited public forum, which allows only the posting in convenient places of directional information regarding tract housing developments which are currently selling homes located within the City. 1 2. KIOSK SIGNS FOR NEW TRACT HOUSING DEVELOPMENTS ~ Kiosk signs are permanent freestanding structures, not exceeding 10 feet in height, 7 feet in width, which ~ contain modular information strips, not exceeding 10 inches in height, 6 feet in width, providing information about tract housing developments (of more than 4 units) which are currently selling new homes located within ~ the City. Such signs may display only the following information: the name of the development, developer ~ and/or marketer thereof, and the direction to the development from the sign. 1 Each kiosk will have "City of Carlsbad" and the city logo displayed in a prominent location on the sign. One kiosk design will be utilized throughout the city. This kiosk design is on file in the Planning Department. All tract housing development signs mounted on the kiosks shall be the same design and shall be white wood with black reflective lettering. Letters shall be consistent in size, width and thickness of print. Letters shall be all upper case letters not more than 6 inches in height. CITY OF CARLSBAD COUNCIL POLICY STATEMENT 4 General Subject: Specific Subject: Signs on Public Property Page 6 of 9 Policy No. 65 Date Issued 07/22/03 Effective Date 07/22/03 Cancellation Date Supersedes No. Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File Individual tract housing development directional signs shall be approved by the Planning Director prior to mounting on a kiosk to ensure compliance with this section. In no case shall a sign be mounted on a kiosk before building permits have been issued for the model homes. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign as originally approved. Further, no other off-site directional signing may be used such as posters, trailer signs or temporary subdivision directional signs. Any sign placed contrary to the provisions of this section may be removed by the city without prior notice. Each approved tract housing development may have up to a maximum of 8 directional signs. Upon approval by the Planning Director, directional signs shall be permitted until the homes within the housing development are sold or for a period of one year, whichever comes first. Extensions not exceeding one year may be granted by the Planning Director. A neighborhood shall not be allowed any directional kiosk signs if there are any other offsite signs advertising the housing development anywhere in the City. If any advertising signs are erected and not promptly removed upon demand by the city, all kiosk signs for that subdivision shall be removed, the lease cancelled and no refund given. 3. PRIVATE CONTRACTOR FOR MANAGEMENT OF THE KIOSKS The City may enter into a contract with a private contractor to design, erect, modify, replace, maintain and manage the kiosk signs allowed by this section. Such contract must be approved by the City Council, and may require that the contractor pay to the City a rent or royalty on advertising revenues. All the terms of said contract, and all payments to the City hereunder, shall be public information. 4. INSURANCE REQUIREMENT In the event the City selects a private party contractor to manage the kiosks, the City may require the private party contractor to provide evidence of comprehensive general liability insurance coverage, in a form satisfactory to the Community Development Director, which shall name the City as an additional insured, and provide 30-day notice to the City of cancellation. The minimum liability coverage on such policy shall be one million dollars. Any private party contract must include a provision for the contractor to hold harmless, defend and indemnify the City against all claims relating to property damage or personal injury, including death, which assert that the kiosk sign played any legally significant role in the creation of the liability. CIT'Y OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Specific Subject: Signs on Public Property Page 7 of 9 Policy No. 65 Date Issued 07/22/03 Effective Date 07/22/03 Cancellation Date Supersedes No. Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File 5. ALLOWABLE LOCATIONS The kiosks allowed by this section may be located only as shown on Attachment A. SECTION NINE: TEMPORARY POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY DURING CAMPAIGN PERIODS 1. INTENT AS TO PUBLIC FORUM In this section only, the City's intent is to designate a public forum which is available only at limited times and places for .sign expression on political and other noncommercial topics, absolutely without favoritism as to any speaker, topic or point of view. The display opportunities afforded by this section are in addition to those in the Sign Ordinance which allow noncommercial speech at all times. 2. TEMPORARY CAMPAIGN SIGN PERMIT; APPLICATION FORMS AND PROCEDURES The procedure for the approval of a temporary campaign sign permit is as follows: The zoning enforcement officer shall notify candidates and/or their state/local campaign committee chairpersoh for national, state, local or county office and chairpersons of campaign committees for or against any measure appearing on the ballot for a statewide, local or county election of the temporary campaign sign requirements as provided herein. Prior to the posting of any temporary campaign signs, the candidate, the chairperson of a campaign committee or any other person designated by the candidate or chairperson who is responsible for the posting of said sign, shall obtain a temporary campaign sign permit. The permit, on a form prescribed by the community development director or his designee, shall include the name, address and phone number of the candidate or campaign chairperson and any person responsible for the posting of signs. The permit shall be signed by the candidate, chairperson or person responsible for the posting of the signs. A nonrefundable processing fee, in an amount established by City Council, shall be paid at the time the application for the permit is made. The fee shall be used to defray the cost of issuing the permit and administering. These fees apply to all signs, which may be displayed under this section for the relevant period, and shall not be assessed on a per sign basis. A refundable deposit, in an amount established by City Council, shall be paid at the time the permit is issued. This deposit shall be refunded to the permittee within 5 days after the removal of the permittee's temporary campaign sign or signs. If the permittee does not remove the signs they may be removed by the Community Development Director or designee without further notice, The deposit may be used to defray the cost of removal. The Community Development Director or designee may also charge any expense incurred hereunder to the permittee. Any candidate or campaign committee which CITY OF CARLSBAD COUNCIL POLICY STATEMENT Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File Page 8 of 9 Policy No. 65 Date Issued 07/22/03 Effective Date 07/22/03 Cancellation Date Supersedes No. is able to show financial inability to pay the refundable deposit may request a waiver from the City Council. . The Community Development Director or designee is authorized, after giving 2 days written notice to the person or persons who signed the sign permit, to remove any temporary campaign signs that do not conform to the standards herein provided. The cost of such removal may be charged to the permittee. 3. TIME PERIOD The signs allowable under this section may be displayed only during the period of time 45 days proceeding and 10 days following a general, special or primary election. All political and other noncommercial message signs must be removed from public property, by the permittee or hidher designee, not more than 10 days after the election. 4. LOCATIONS This section allows the display of signs expressing political or other noncommercial messages. The signs allowable under this section may be placed in the public right-of-way adjacent to a public street in commercially or industrially zoned areas or in residentially zoned areas along prime or major arterials as shown in the Circulation Element of the General Plan. I/ 5. PERSONS WHO MAY RECEIVE A PERMIT UNDER THIS SECTION Any person who will abide by the terms and conditions of this section may receive a permit. Removal, defacement, alteration, obliteration, destruction or tampering with signs permitted under this policy without the permission of the owner is prohibited. Such signs may not be placed in such a manner as to obscure or cover, in whole or in part, any other sign permitted under this section. 6. PHYSICAL REQUIREMENTS Signs which are allowable under this section may not exceed 6 square feet in display area, must be made of materials and construction methods to withstand normal weather conditions for the period of display, and mounted in such a manner that they will not be blown away or dislodged by normal weather and climate conditions for the area. Each sign must be mounted at least 1 foot above grade, and no higher than 6 feet above the grade. Permitted signs may not be specially illuminated. No sign shall be: attached to any utility pole, bus bench, pole or stucture supporting a traffic control sign or device, or hydrant. CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Signs on Public Property Specific Subject: Page 9 of 9 Policy No. 65 Date Issued 07/22/03 Effective Date 07/22/03 Cancellation Date Supersedes No. Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File . = placed on any tree or shrub by any nail, tack, spike or other method which will cause physical harm to the tree or shrub. placed in such a manner as to obstruct the public use of the sidewalk or interfere with the visibility of persons operating motor vehicles or constitute a hazard to persons using the public road right-of-way. placed in the roadway or on the sidewalk. placed in that portion of the public right-of-way or easement past the sidewalk without the consent of the adjoining property owner or person in possession if different than the owner. = . 7. REMOVAL OF NONCONFORMING SIGNS Signs which do not conform to this section or any permit issued under this section shall be summarily removed by the City upon discovery of the nonconformance. SECTION TEN: SIGNAGE ASSOCIATED WITH USE OF PUBLIC PROPERTY FOR SPECIAL EVENTS When the City allows a special event, sponsored by a private entity, the City shall state only the time, place, manner and quantity of signage allowed, and leave decisions as to which signs may be displayed as part of the event to the private party sponsor. When the City sponsors a special event, public property may be used to promote and identify the special event, but co sponsors, if any, shall be limited to commercial entities and commercial sign messages only. SECTION ELEVEN: USE OF PUBLIC LAND FOR BANNERS Banners may be placed by the City on Public Property in the public right-of-way only in the Village Redevelopment Area. Carlsbad’s Subdivision Kiosk Sign Program Amendment!!Amend City Council Policy #65, Signs on Amend City Council Policy #65, Signs on Public Property, to adopt a new Kiosk Sign Public Property, to adopt a new Kiosk Sign design.design.!!Enter into an agreement with Motivational Enter into an agreement with Motivational Systems, Inc. to design, install and maintain Systems, Inc. to design, install and maintain the kiosk signs and administer the leasing of the kiosk signs and administer the leasing of sign space. sign space. !!Carlsbad’s Kiosk Sign Program was adopted in Carlsbad’s Kiosk Sign Program was adopted in 1984.1984.!!Includes a uniform Kiosk Sign design that is Includes a uniform Kiosk Sign design that is coordinated and provides offcoordinated and provides off--site identification for site identification for and direction to new residential subdivisions in the and direction to new residential subdivisions in the City.City.!!The program has reduced the number of illegal The program has reduced the number of illegal offoff--site “pound down” subdivision signs. site “pound down” subdivision signs. "The existing freestanding Kiosk Signs are constructed of dark brown wood with routed in white lettering. "In 2001, the City Council request that the Kiosk Sign design be updated to better reflect the image of Carlsbad as a “seaside community”. Request For Proposals!!Motivational Systems, Inc. (MSI)Motivational Systems, Inc. (MSI)!!Increase average yearly City Kiosk Sign Increase average yearly City Kiosk Sign revenues by $10,000.revenues by $10,000.!!16 hours of illegal subdivision sign removal 16 hours of illegal subdivision sign removal per week.per week.!!New contemporary sign design comprised New contemporary sign design comprised of blue and white sign panels with black of blue and white sign panels with black copy. copy.