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HomeMy WebLinkAbout12 - July 4th Banner Waiver RequestCITY OF NEWPORT BEACH City Council Staff Report 9/FO PN Agenda Item No. 12 April 9, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Recreation and Senior Services Department Laura Detweiler, Director 949 - 644 -3157, Idetweiler(a)newportbeachca.gov Public Works Department David A. Webb, Director 949 - 644 -3131, dwebb @newportbeachca.gov PREPARED BY: Sean Levin, Recreation Superintendent APPROVED:, TITLE: Newport Peninsula July 4th Parade and Festival Request for Waiver of Council Policy L -16 — Temporary Banners Extending Over the Public Rioht-of-Wav ABSTRACT: The Newport Peninsula July 4th Parade and Festival Committee is requesting approval to install 33 banners on City owned streetlights within a residential district. Council Policy L -16— Temporary Banners Extending Over the Public Right -of -Way restricts pole banners from being hung in residential areas. VMAG]Jddd:1:Gy-AllL+li;E Waive Council Policy L -16 and approve the request of the Newport Peninsula July 4th Parade and Festival Committee to install 33 banners for display from June 10, 2013 to July 8, 2013 along Balboa Boulevard and 32nd Street (Attachment A). FUNDING REQUIREMENTS: Sufficient funding is available to cover the cost of the work from the City Council Special Department Expense account 0110 -8250. The project cost of $12,662 will provide for the design, production, hardware, installation, removal and storage (Attachment B). The cost to store and install the banners would be $3,036 annually. Newport Peninsula July 4th Parade and Festival Request for Waiver of Council Policy L -16 — Temporary Banners Extending Over the Public Right -of -Way April 09, 2013 Page 2 DISCUSSION: In 2011, . The City of Newport Beach partnered with West Newport Beach residents to plan and organize the Newport Peninsula 4th of July is for Families Parade and Festival. The Committee was formed to plan an event that would bring families together to celebrate on a day that has been dominated by unruly crowds in past years. The overarching goal of the event is to change the culture of the Safety Enhancement Zone over time and to make the 4th of July holiday enjoyable for residents and visitors alike. The first two years of the event were very successful, with thousands participating in the Parade and Festival. The Committee has received positive feedback from the community that the event is helping to change the culture. The Committee feels that street banners donning the 4th of July is for Families logo (Attachment C) will further this effort and create a festive atmosphere for the neighborhood. Should the City Council elect to approve the installation of 33 banners in the City for a period of 29 days, staff recommends the following conditions of approval: 1. No banners shall be installed on traffic signal poles, poles with flashing beacons, or metal streetlight poles. 2. The contractor must provide on -going maintenance of the banners and brackets. 3. The contractor must sign a "Hold Harmless Statement" requiring maintenance of the banners /brackets and indemnification and hold harmless for any liability associated with the banners /brackets. 4. The contractor must maintain a minimum of $1,000,000 in liability insurance from a company with a Best's Key Rating Guide parameter of "A" or better, and a financial size category of "VIII" or higher. 5. The banners shall conform to City Council Policy L -16 with the exception of allowing banners in residential areas. 6. All banners and brackets shall be removed by the end of the approved time unless otherwise approved by the Public Works Department. 7. A minimum of two 5 -inch wide half - circle wind slits per banner are required to minimize the wind load. Newport Peninsula July 4th Parade and Festival Request for Waiver of Council Policy L -16 — Temporary Banners Extending Over the Public Right -of -Way April 09, 2013 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: our Detweiler, Director ave Webb, R ea tion n & Senior Services Department Public Works Attachments: A. Map of Proposed Banner Locations B. Quote for purchase and installation C. Sample Banner D. Council Policy L -16 C O1 E L U (0 Q 9 II lop _ �I II1 11 �I • WE p�IB4f �taM 01p Cqd . �Lpa..3ry S Oe Y O 2 N° OSO4 MI 3� �1T H� snvy ti %41 / i d _p W r �i � y 1 � qt0 SO OlYOJO YN � ff y AYM Y1lA t�t a ^ F ao / a1a iyo.wirv•- a � EvrvoR1 nvp � °� �•� i 0 6 e P�o� °DSO • �• o 1 0' �q Pp4- ► r �ovl a,0 - •COOP S 1 � P� K • • C • • 'SP,s , � g A • �, r4 a d 1Be � L P , e � �f fS0 0 sir 1 �f 0 sir • a° E U, ', 1 ^♦ I a � l%i % 40 • 1', 1d Attachment B QUOTE FOR PURCHASE & INSTALLATION -:11.0i " D L!M.A..G111..1..N----G 3102 W. Alton Ave. Ph. (714) 436 -0705 Santa Ana, CA 92704 Fax. (714) 436-0612 www.Dlimaging.net BILLTO: City of Newport Beach Recreation & 5 Newport Coast Community Center 6401 San Joaquin Road Newport Coast CA 92663 Leslie Engledrum Hardy PHONE (949) 270 -8109 EM. 00 FAX (000) 000 -0000 Ext. 00 PROPOSAL DATE PAGE: SHIP TO: City of Newport Beach Recreation & S Newport Coast Community Center 6401 San Joaquin Road Newport Coast CA 92663 INSTALL DATE REMOVAL DATE PRP039604 3/27/2013 1 PO Number Customer to Salesperson to Shipping Method Payment Terms Reg Ship Dale Master No. NEW041 EM INSTALL Credit Card 0/0 /0000 43,123 Quantity Item Number Description UOM Unit Price Extended Price 34 OLIVINYLBANMATDBL26 30'x96' Matte Finish Vinyl Single Pole Banner Each $149.00 $5,066.00 Full color process digital banner printed on 13 oz Industrial grade Matte finish vinyl sewn back to back for a total weight of 26 oz 3 year no- fade warranty. 34 BRWBSGBD30XXSTK Windbreaker Single Set 30 "w /Band -It set $121.00 $4,114.00 34 LABORIRS Labor Installation removal &storage services Each $92.00 $3,128.00 for Pole Banner Please Sign and Fax to 714- 436 -0612 Subtotal $12,308.00 Tax $734.40 Freight we lxtp]sc W(ev W fu'NS O ucl aW<X labor - CanLWY N..otlal¢0rnthat r sootincalens. fo lM SUm of Total 51304240 5OX DEPOSIT WE UPON ACCEPTANCE OF PROPOSAL $13,042.40 OALANKE AMOUNT DIIE UPON INSTALLATAI OR ORNERY $0,00 p M,.11.t..1m 0.t," 01, yCM.On tt Wt.. DL 46piX1: MteOt1ot00f P100)i11 TM n OC.111 "Dip Ulnwil aeceMs ft abMe Rmcnal"cM160i 1001 fin 9.v Oat ht. 014 iu1W,1M IO,K,r In, 11,110 n;rm On b,hill0l W m,, PIOCMIV Onner. uan Attachment C Client to please sign below in appropriate place: Proof approved as -is: Proof NOT approved: Mark changes needed or describe: Date Print Name ' ))ci. �i�,' Dekra -Cite Client Proof Sheet Client: City of Newport Beach Project Name: Details: 30 "x96" single vinyl banner Rte dame: NPB July 4 Fam 30x96 Printing of banners cannot begin until proof sheet Is signed by client and received by Delaa -Lite. Computers and printers will always give different results in color representation. Final banners, unless otherwise noted, are printed in CMYK and will have slight variations In color. DEKRA -IRE 1.88&5W-6006 Reproduction in any manner, in whole or in pad, of any portion of these images is strictly prohibited. All portions, Including copy, photographs, artwork, and product designs are the exclusive property of Dekra -Life Industries, Inc. All portions have been copyrighted and may not be copied or reproduced without the express written permission of Dekra -Life Industries, Inc. Attachment D City Council Policy L -16 TEMPORARY BANNERS EXTENDING OVER THE PUBLIC RIGHT -OF -WAY I f EM-1 � L-16 Temporary banners and signs pose risks to the public in the form of potential physical obstructions in or over the right of way and by distracting an individual who otherwise would, and should, focus on other users. The City Council also finds that, in the absence of the size and number limits specified in this policy, temporary banners or sign could reduce property values, adversely impact land uses, and interfere with the recreational objectives of visitors to the City of Newport Beach. A total prohibition on the installation of temporay banners and signs is appropriate with the exception of the provisions of this Policy and Chapter 20.67 of the Newport Beach Municipal Code because there are adequate alternative means of communication for those wishing to engage in commercial or non - commercial speech except for temporary real estate signs and non - profit groups organizations conducting community wide events co-sponsored by the City of Newport Beach and open to the general public. Finally, the City Council has determined that the restrictions contained in this policy and the provisions of Title 20 of the Newport. Beach Municipal Code are the least restrictive means available to accomplish the public safety, economic and aesthetic objectives of the City Council. e1d i• 1:17\ A � :ti�Ly�i]!� Temporary banners and signs shall not be permitted within or over any public street or pedestrian right of way with the exception of temporary real estate signs as specified in Chapter 20.67 of the Newport Beach Municipal Code and banners notifying the general public of a community wide event, open to the general public without charge, conducted by a non - profit corporation or organization, and co-sponsored by the City of Newport Beach Temporary banners and signs shall be installed in strict compliance with the provisions of this Policy and any conditions imposed on the permit by the Public Works Director and, if required, by the Utilities Director. PERMIT PROCESS A. Except as provided in Title 20 of the Newport Beach Municipal Code, no person shall install any temporary banner or sign within any public right of way without first obtaining a permit issued by the Public Works Department. G16 B. Applications for a temporary banner permit shall be submitted to the Public Works Department on a form supplied by the City, and prior to 30 days of planned installation date. C. The Public Works Director shall determine if the application complies with the standards specified in this policy. D. The Public Works Director shall approve /deny /recommend City Council approval of the application within five (5) working days. E. The Public Works Director shall approve the permit if the application conforms with the standards contained in this policy. F. The Public Works Director shall deny the permit if the application does not conform to the standards in this policy and shall give the applicant written notice of, and the reasons for, the denial. G. The Public Works Director may impose a refundable security deposit to be applied to any damages, repairs to standards or poles not corrected by permittee within 14 days of banner removal or any special services required by City. H. The Permittee shall agree to indemnify and hold harmless the City of Newport Beach. The Permittee shall maintain a minimum of $1,000,000 in liability insurance from a company with a Best's Key Rating Guide parameter of "A" or better and a financial size category of "VIII' or higher. STANDARDS A. Manner of Installation. 1. Permittee shall install no more than one hundred (100) banners; 2. a) Banners on streetlight poles shall be no more than 25 feet wide and 8.0 feet high and approved by the Utilities Department. Wind load calculations, determined by a registered engineer, will be required for banners greater than 20 square feet; 1,16 b) Banners other than streetlight pole banners shall be no more than 4' x 8' wide and are subject to review and approval by the Public Works Department for safety sight distance and clearance issues. 3. Banners shall not encroach on or above any portion of a right of way utilized by motor vehicles; 4. No more than one (1) banner shall be installed on any pole or standard and banners may not be installed between poles or standards; 5. The banners shall contain only the name of the permittee and the date, time and the name of the event to be conducted by the permidee; 6. All banner brackets on streetlight poles must be mounted at least fourteen (14) feet above the ground surface; 7. All banner brackets on streetlight poles must be installed using stainless steel band clamps and the brackets must be sufficiently strong to withstand wind -load generated by ninety (90) mile per hour winds; 8. Poles or standards must be wrapped with forty five (45) ml thick black rubber sheet or other pre-approved material under all steel brackets and clamps and no portion of any bracket shall be in direct contact with the surface of any street light pole or standard. In addition, all street light pole(s) being used must be inspected and approved by the Utilities Department; 9. Banners shall be installed only at locations specified on the permit; 10. Permittee shall install and remove banners in strict compliance with the traffic control, signage and warning device criteria specified in the WATCH handbook and /or the Caltrans manual of traffic control; and 11. If more than one permittee requests the use of the same street light pole(s) at the same time, the City may require removal of some of the banners to allow other organizations to install banners authorized under City policies.