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HomeMy WebLinkAbout15 - Taste of Newport BannersCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 August 11, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David Keely, Senior Civil Engineer 949 - 644 -3349 or dkeely @newportbeachca.gov SUBJECT: TASTE OF NEWPORT BANNERS — APPROVAL OF ENCROACHMENT PERMIT N2009 -0179 RECOMMENDATION: Conditionally approve the request of the Newport Beach Chamber of Commerce for the installation of 169 banners, from August 24, 2009, to September 22, 2009, for the annual Taste of Newport. Installation will be along Westcliff Drive, Jamboree Road, MacArthur Boulevard, Newport Boulevard, and Coast Highway. Waive City fees associated with the banners and their installation. DISCUSSION: The Newport Beach Chamber of Commerce (NBCC) has requested that 169 private banners be installed from August 24 through September 22, 2009 along the City's major thoroughfare, for the 21st Annual Taste of Newport. The banners will be mounted on streetlight poles in the public right -of -way along Westcliff Drive (9 banners), Jamboree Road (35 banners), MacArthur Boulevard (43 banners), Newport Boulevard (26 banners) and Coast Highway (56 banners). See attached Exhibit. The banners on a portion of Newport Boulevard and a portion on East Coast Highway are within Caltrans right -of -way and will require a Caltrans Standard Encroachment Permit. On the weekend of September 18 through 20 NBCC will host the 21 st Annual Taste of Newport — a dining and entertainment celebration highlighting the many restaurants in Newport Beach. The NBCC reports that over 60,000 people attend the Taste of Newport events. Attendees pay a $25.00 admission charge to enter the event and will, if interested, purchase scrip to receive food and drink from participating restaurants and caterers. The event is not co- sponsored by the City of Newport Beach and is not free to the public. Council Policy L -16 prohibits the use of a commercial sponsor's name on banners. However, the event will be community -wide, open to the public, and may Taste of Newport Banners —Approval of Encroachment Permit Number N200"179 August11,2009 Page 2 create additional revenue to the City through restaurants, businesses, and hotel reservations. The applicant's request to install 169 private banners will exceed the 100 - banner limit allowed per City Council Policy L -16. In the past, similar requests for this event have been approved by City Council and there have been no reported public complaints. Should the City Council elect to approve the installation of 169 private banners in the City for 30 days, staff recommends the following conditions of approval: 1. No banners shall be installed on traffic signal poles or metal streetlight poles. 2. The applicant must provide on -going maintenance of the banners and brackets. 3. The applicant 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 applicant 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 applicant will obtain an Encroachment Permit (N2009 -0179) by the Public Works Department. 6. The banners shall conform to City Council Policy L -16 with the exception of the number of banners, open to the public free of charge, and co- sponsor by the City. 7. All banners and brackets shall be removed by the end of the approved time unless otherwise approved by the conditions stated in the Encroachment Permit. 8. All banners and brackets shall comply with the Encroachment Permit conditions. 9. If needed, the City may require removal of some of the banners to allow other organizations to install banners at the same location and during the same time period. 10. A minimum of two 5 -inch wide half - circle wind slits per banner are required to minimize the wind load. 11. A Caltrans Standard Encroachment Permit shall be obtained for banners in Caltrans right -of -way. Taste of Newport Banners — Approval of Encroachment Permit Number N2009-0179 August 11, 2009 Page 3 Environmental Review Staff determined that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the Guidelines. This action is not considered to be a project as defined by CEQA. Funding Availabifit : No City funds will be required. The NBCC will pay all costs associated with the installation and removal of the banners. Prepared by: David Keely Senior Civil Engi eer Attachment: Banner Exhibit Submitted by: Newport Beach Chamber of Commerce- Taste of Newport Banner Installation EXHIBIT A SHEET 1 OF 11 Newport Beach Chamber of Commerce- Taste of Newport Banner Installation Installation of (9) Single Banners on Westcliff Dr from Dover Dr. to Irvine Ave. MAP 1 EXHIBIT A SHEET 2 OF 11 Newport Beach Chamber of Commerce- Taste of Newport Banner Installation Installation of (35) Single Banners on Jamboree Rd from Pacific Coast Highway to San Joaquin Hills Rd. i 19 3S 3 333 •; 21 3 3 ••••• 2 23 3 524 2 • ' 2 272 • \ _ • • MAP 2 s � d✓ >Q 1s od > 9 8 . NON- CALTRANS LOCATIONS • CALTRANS LOCATIONS EXHIBIT A SHEET 3 OF 11 Newport Beach Chamber of Commerce- Taste of Newport Banner Installation Installation of (43) Single Banners on MacArthur starting at PCH and ending at San Joaquin Hills �2 9 e�?z P c �. MAP 3 S . S0 �S7 s0°1� `s6 >� c S9 sd/� 299 P,9 w 0 • NOW CALTRANS LOCATIONS • CALTRANS LOCATIONS EXHIBIT A SHEET 4 OF 11 Newport Beach Chamber of Commerce- Taste of Newport Banner Installation ire 30th 7 71 1. 0 Cie EXHIBIT A SHEET 5 OF 11 Installation of (21) Single CALTRANS Banners on Newport Blvd from Finley St to Hoag Rd Installation of (S) Single NON - CALTRANS Banners on Newport Blvd from 32nd to Finley _ �� •�, • •• 92 93 106 0 lhqm 113 112 111 94 110 •. 109 108 .107 • • NOW CALTRANS LOCATIONS CALTRANS LOCATIONS EXHIBIT A MAP 4 SHEET 6 OF 11 Newport Beach Chamber of Commerce- Taste of Newport Banner Installation EXHIBIT A SHEET 7 OF 11 ------ ------- _ -- -I,--,'.,-,-, .... .... Newport Beach Chamber of Commerce- Taste of Newport Banner Installation 0 0/,. .......... 0"? Installation of (28) Single Non-Caltrans Banners on Pacific Coast Highway from MacArthur to Jamboree Orr .. ....... __1 ,­- 1_10� 17P lr0 -1 'Z 4 V, 19 0 0 1_10� o c ohs %P0 I.P0 0 0 's° .t) • NON- CALTRANS LOCATIONS • CALTRANS LOCATIONS EXHIBIT A SHEET 8 OF 11 . ... . . . . ............... ­.._­._­, -- -------- - -- .................... Newport Beach Chamber of Commerce- Taste of 60/_ 5287 �Z>. Se Or QS a `3.rQs6 GS 09 0 O 01, 0 • NON- CALTRANS LOCATIONS • CALTRANS LOCATIONS EXHIBIT A SHEET 9 OF 11 jj Dekra-Cite Oecaratlan Innovawrt The Windareaker Bradoet System has been erginaered `or exterior instaM•tions to al types of weather. The banter system featwes an afuntirmn: houslog with an adjustable fiberglass arm cantilevered to keep the banner tight The flbdble arm 4sVs the Ahd pressure rram the pole and banner to pnolang ew We nt Maur banner program. Specincattons: • Adaptable to any type of pole regardless of shape, site, or material • Equipped with a cantilevered tlpdble fibero m atm Mt spins the wind off tN tte b nnei, thereby ad&n tongevftf fa yaurbanrw program. Standard arm lergth is 30°. CLIMM lengft available upon request. • Bracket Shoes allow for up to B" of adjustalallty In helghlt wittrnut remtwing shoes. • Buitt with 100% extruded aluminum stack; when insialied with sminless ucel banding there are no oxkilzlrag matertason your poles. • Simple to install' and the ants remove aas4 when your fanner progran Is not h use. • Includes a six year nndted warrafotr • Banner B secured with a metal; safety wire through a grommet. EXHIBIT A SHEET 10 OF 11 �J(� �(n oCD oCD CD oCD 0 z �z �z �z o CD a CD o CD , :4 o CD O O O O SEPTEMBER SEPTEMBER SEPTEMBER SEPTEMBER 18 -20 18 -20 18 -20 18 -20 1,16 TEMPORARY BANNERS EXTENDING OVER THE PUBLIC RIGHT -OF -WAY Ia1Z Ilk) IINK- AZIa'a$1t7t:�: +9�1 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 temporary 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. GENERAL PROVISIONS 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. L.16 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. I. The Permittee shall maintain a minimum of $1,000,000 in liability insurance from a company with a Bests Key Rating Guide parameter of "A" or better and a financial size category of "VIII" or higher. SfANDARD6 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 2.5 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; 2 L-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 permitbee and the date, time and the name of the event to be conducted by the permittee; 6. All banner brackets on streetlight poles must be mounted at least fourteen (14) feet above the ground surface; 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. 3 L -16 B. Time of Installation. 1. Permittee shall contact the City Electrician of the Utilities Department of the City of Newport Beach at least forty eight (48) hours prior to the installation of any banner on streetlight poles pursuant to the permit; 2. All banners and supporting material shall be removed within thirty (30) days after the date of installation; C. Place of Installation. 1. Banners shall only be installed on City owned poles and standards, or previously approved locations in roadway medians, in City parks, and on other City owned facilities; 2. Banners shall not be installed on any pole or standard which could create sight distance problems for pedestrian or vehicular traffic; 3. Banners shall not be installed on poles or standards in any residential district. 4. Banners shall only be installed at the approved locations indicated on the plan submitted with the banner application. Adopted - January 24,1994 Amended - February 26,19% Amended - February 24,1997 Amended - May 8, 2001 Amended - April 8, 2003 Amended - October 10, 2006 Formerly M-4