HomeMy WebLinkAbout03 - NB-2 - New Council Policy 500-16 for Community - 2/1/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: FEBRUARY 1, 2011 ITEM NUMBER:
SUBJECT: NEW COUNCIL POLICY 500-16 FOR COMMUNITY EVENT STREETWIDE BANNERS
DATE: ' JANUARY 19, 2010
FROM: DEVELOPMENT SERVICES DEPT. AND PUBLIC SERVICES DEPT.
PRESENTATION BY: CLAIRE FLYNN, PLANNING ADMINISTRATOR
RAJA SETHURAMAN, TRANSPORTATION MANAGER
FOR FURTHER INFORMATION CONTACT: CLAIRE FLYNN (714)754 5278
cflynn@ci.costa-mesa.ca.us
RECOMMENDATION:
1. Approve proposed Council Policy 500-16.
2. Direct staff to prepare a "Community Event Streetwide Banner Agreement"
document for Banners Displayed on City Poles across a public street.
BACKGROUND:
The Planning Commission is interested in allowing the installation of special event street
banners that would be displayed across a public street. In Orange County, these types of
street banners may typically be associated with historic downtown areas (i.e. Old Town
Orange, San Clemente, and Tustin).
On August 3, 2010, the City Council directed staff to move forward with this Policy
amendment as recommended by the Planning Commission.
ANALYSIS:
Council Policy 500-6only addresses the banners on light standards which are single -
hung or double -hung banners affixed to Southern California Edison light poles. The
proposed Council Policy 500-15 is a new policy specifically addressing "Community Event
Streetwide Banners" displayed across a public street. The proposed new policy
(Attachment 1, Council Policy) would add new requirements for this type of streetwide
banners across a public street.
Some important requirements are described below. Please see the attached draft
Council Policy 500-16 for more information.
Eligible Applicants
The proposed Council Policy indicates that eligible applicants for special event banners
shall be organizations or nonprofit providers that are based in or serve Costa Mesa. The
eligibility requirements are identical to those identified in Council Policy 500-6 for banners
on light poles, and no changes are proposed.
Potential Locations
Staff has identified potential locations that would be suitable for streetwide banners based
on the following criteria:
Proximity to a public building (i.e. City Hall, Donald Duggan Library, Fire Station)
• Street width that could accommodate a maximum 60 to 70 foot wide banner.
• Available right-of-way area for the installation of one pole on each side of the street
without conflicting with existing utility cabinets or other structures in the right-of-
way.
• Visual compatibility with existing residential and commercial development to
minimize sign clutter.
Staff recommends that banners be located as follows:
1. Across Park Avenue near the Donald Duggan Library
2. Across Park Avenue near Fire Station No. 3
3. Across Fair Drive in front of City Hall
4. Across W. 19th Street near the Costa Mesa Senior Center
Please see Attachment 2 for exhibits of these locations.
Banner Content
The proposed policy better defines the limitations on banner content, as follows:
"Community Event Banners may contain content concerning public
service announcements from the City, and content which concerns the
promotion and announcement of events, celebrations and meetings, of
substantial community wide interest, which are open to the general
public.
Examples of permissible content include public service announcements
from the City such as water conservation or driver safety, promoting and
announcing events sponsored by the City, and (if such events meet all
other criteria established by this policy) the promotion and
announcement of events at City Community Centers, at the Segerstrom
Center for the Arts, at the Orange County Fair and Event Center, and at
Orange Coast College and other educational institutions (such as high
-i schools).
Community Event Banners shall not contain any political content,
religious content, offensive content, or controversial content, in order to
minimize chances of abuse, the appearance of favoritism, and the risk
of imposing upon a captive audience; to promote the long term success
of the policy both in terms of effectively conveying information and the
prospect of raising revenue; and to maintain a policy consistent with
lawful federal and state constitutional exclusions of specified content
from City speech and/or nonpublic forums."
Advertising/Sponsorship
Displaying any advertising other than the sponsor's name and logo is not permitted.
Advertising specific products is not permitted.
The proposed policy indicates that: "The sponsor's name and logo may not exceed more
than 5 percent of the face of the banner for streetwide banners, unless approved by the
Development Services Director who may allow minor deviations up to an additional 1
percent of the banner sign area for multiple sponsorships or other reasons deemed
appropriate."
Time Period
Banners may be, posted for a maximum of 30 consecutive calendar days. The
Development Services Director may approve additional display time not to exceed an
additional 30 days provided that there are no conflicts with pending banner requests from
other organizations.
Specifications for Street Wide Banners
The proposed policy defers to a separate agreement for exact specifications with regard
to material, hardware, etc. The "Community Event Streetwide Banner Agreement" will be
prepared by the Planning and Engineering Divisions.
FISCAL IMPACT:
The cost of street wide banners is estimated as follows:
Construction/Installation of banner pole on each side of the street:
Approximately $20,000 for two poles (one on each side of the street) fully installed.
Vinyl Street Banner: $2000-$5000 (varies depending on size, color, artwork, etc.)
Council may wish to consider budgeting the cost of the construction/installation of banner
poles at select locations. The cost of the installation and production of a vinyl banner will
be borne by the Costa Mesa based organization or business.
Any fees charged to a private party, pursuant to the proposed policy, shall be in
accordance with a fee schedule adopted by the City Council.
LEGAL REVIEW:
The City Attorney's office has approved the attached Council Policy as to form.
IWj
ALTERNATIVES:
Approve Council Policy and provide direction to staff for preparation of a separate
"Community Event Streetwide Banner User Agreement." The policy will be
implemented once funding and installation of the banner poles at select locations
are completed.
2. Receive and File. Existing Council Policy will continue to be limited to banners on
street poles.
CONCLUSION:
Council Policy 500-14 is a new policy that will create new regulations allowing streetwide
banners to be displayed across a public street.
CLAIRE FLYNN, ACP
Planning Administrator
KIMBERLY B DT, AICP
Development Services Director
KIMBERLY HAL A LO -PETER NAG' VI
City Attorney Public Services Director
ATTACHMENT:
1. Policy 500-1:6
2. Banner Location Exhibits
DISTRIBUTION: City Manager
Asst. City Manager
City Attorney
Assistant Development Svs. Director
Public Services Director
Transportation Svs. Manager
City Clerk (2)
Staff (4)
File (2)
File: 020111StreetBanners I Date: 011911 1 Time: 11:45 a.m.
ATTACHMENT
CITY OF COSTA MESA, CALIFORNIA
DRAFTCOUNCIL POLICY
SUBJECT
POLICY
EFFECTIVE
Page
NUMBER
DATE
COMMUNITY EVENT STREETWIDE
BANNERS
500-16
TBD
1 of 6
BACKGROUND
This policy provides guidelines, terms and conditions for the display, by either the City or private
groups, of Community Event Streetwide Banners at select locations in the City of Costa Mesa.
Because of numerous benefits, it is in the interest of the City to allow through this policy both
public service announcements, as well as the promotion and announcement of civic and
community oriented events, celebrations, and meetings.
The City has an overriding interest and expectation in deciding what is "spoken" on behalf of the
City by any Community. Event Streetwide Banners permitted through this policy. The purpose of
this policy is not to create a forum for public discussion.
PURPOSE
The purpose of this policy is to disseminate information from the City, about the City and about
community events, to its citizens.
The display of certain Community Event Streetwide Banners has been determined by the City to
provide substantial benefits to the City and its citizens through the ability of the City to inform its
citizens of public service announcements, as well as civic and community events, celebrations
and meetings; through the contribution of funds and tangible items for City programs and
activities; and through providing volunteers to assist in City programs and activities.
Community Event Streetwide Banners will be displayed at the locations allowed by this policy,
and pursuant to specifications contained further in this policy with regard to size, material, and
other details pertaining to other physical aspects of a permissible banner, with locations, length
of time for display and other such specifications concerning physical aspects of a permissible
banner subject to change by the written decision of the City Manager or his/her designee and
effective thirty (30) days after publication by the City.
ELIGIBLE ORGANIZATIONS OR BUSINESSES
The following criteria shall apply to all organizations requesting City Council approval to install
street banners. The requesting organization or business shall be based in or serve Costa Mesa.
In the case of a charitable organization, they must possess proof of "non-profit status" from the
State of California and local government agencies.
V
CITY OF COSTA MESA, CALIFORNIA
DRAFTCOUNCIL POLICY
SUBJECT
POLICY
EFFECTIVE
Page
NUMBER
DATE_
COMMUNITY EVENT STREETWIDE
BANNERS
500-16
TBD
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GENERAL REQUIREMENTS
1. Installation Requests
Each request to install Community Event Streetwide Banners shall be submitted at least thirty
(30) days in advance of the proposed installation date and shall include at minimum:
A. Date, time, location(s) and nature of special event or dates of holiday to be promoted.
B. Benefit of the banner to the general public.
C. Approved Streetwide Banner location on City poles (see #4 below)
D. Specific installation and removal dates.
E. Delineation of banner content, size, material and colors. (More information related to banner
size and allowable content is provided in the following pages of this Council policy.)
F. Application Fee - Refer to the City of Costa Mesa's current User Fees and Charges manual,
adopted by the City Council.
G. Community Event Streetwide Banner Agreement. A separate agreement for the exact
specifications with regard to material,. hardware, size, installation requirements, encroachment
permit (as applicable), etc. is prepared by the Planning and Engineering Divisions.
Installing a banner will require temporary lane closures and other logistical coordination with City
staff. The Community Event Streetwide Banner Agreement provides information regarding an
appropriate plan to be in place on when and how an organization can install banners. Applicant
shall refer to this agreement for more detailed requirements.
2. Number of Banners
One streetwide banner per location, as indicated in #4 below.
91
CITY OF COSTA MESA, CALIFORNIA
DRAFTCOUNCIL POLICY
SUBJECT
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COMMUNITY -EVENT STREETWIDE
BANNERS
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3. Installation Period
Banners may be posted for a maximum of 30 consecutive calendar days. The Development
Services Director may approve additional display time not to exceed an additional 30 days
provided that there are no conflicts with pending banner requests from other organizations or
the City's desired usage. Specific dates and times for installation and removal'are subject to
change by the City in order to minimize impacts to the public i.e, motorists, businesses, and/or
public construction projects.
4. Banner Locations
Following are approved locations for streetwide banners on City -installed banner poles:
1. Across Park Avenue near the Donald Duggan Library
2. Across Park Avenue near Fire Station No. 3
3. Across Fair Drive in front of City Hall
4. Across W. 19th Street near the Costa Mesa Senior Center
Other locations may be acceptable based on review by Public Services Department and as
deemed appropriate by the City Council.
ALLOWED CONTENT
Community Event Streetwide Banners may contain content concerning public service
announcements from the City, and content which concerns the promotion and announcement of
events, celebrations and meetings, of substantial community wide interest, which are open to
the general public.
Examples of permissible content include public service announcements from the City such as
water conservation or driver safety, promoting and announcing events sponsored by the City,
and (if such events meet all other criteria established by this policy) the promotion and
announcement of events at City Community Centers, at the Segerstrom Center for the Arts, at
the Orange County Fair and Event Center, and at Orange Coast College and other educational
institutions (such as high schools).
Displaying any advertising other than the sponsor's name and logo is not permitted. Advertising
specific products is not permitted. The sponsor's name and logo may not exceed more than 5
percent of the face of the banner for streetwide banners, unless approved by the Development
Services Director who may allow minor deviations up to an additional 1 percent of the banner
sign area for multiple sponsorships or other reasons as deemed appropriate.
CITY OF COSTA MESA, CALIFORNIA
DRAFTCOUNCIL POLICY
SUBJECT
POLICY
EFFECTIVE
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NUMBER
DATE
COMMUNITY EVENT STREETWIDE
BANNERS
500-16
TBD
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DISALLOWED CONTENT
Community Event Streetwide Banners shall not contain any political content, religious content,
offensive content, or controversial content, in order to minimize chances of abuse, the
appearance of favoritism, and the risk of imposing upon a captive audience; to promote the long
term success of the policy both in terms of effectively conveying information and the prospect of
raising revenue; and to maintain a policy consistent with lawful federal and state constitutional
exclusions of specified content from City speech and/or nonpublic forums.
The Director of Development Services or his/her designee shall determine, based upon the
criteria set forth in this policy, whether a proposed Community Event Streetwide Banner is in
violation of the content restrictions set forth herein. Any organization, person or entity, denied
placement of a Community Event Streetwide Banner due to disallowed content, shall be
provided a written articulation by the Director of Development Services or his/her designee of
the disallowed content as understood by this policy.
APPEAL OF DETERMINATION OF DISALLOWED CONTENT
Any organization, person or entity, denied placement of a Community Event Streetwide Banner
due to disallowed content, will have fourteen (14) days, from the receipt of the written
determination, to appeal the denial to the City Manager or his/her designee. An appeal will
consist of a written explanation of why the denied content is consistent with the guidelines of this
policy, and an appeal will request a hearing before the City Manager or his/her designee. An
appeal hearing will be provided within five (5) days upon receipt of such appeal by the City.
All decisions by the City Manager or his/her designee concerning appeals shall be final. Further
appeal of the final decision is to be made to the courts pursuant to California Code Civil
Procedure section 1094.8.
LIABILITY
The City will not be responsible for damage to any non -City banner used pursuant to the within
policy, including any damage which occurs during installation or removal. Further, the City will
not be responsible for the disappearance of any non -City banners, or damage to any non -City
banners during use, from any cause, including but not limited to wind, weather, theft, or
vandalism; non -City banners are the property of the sponsoring organization.
The City reserves the right to immediately remove Community Event Streetwide Banners if any
hazard is deemed present which requires the removal of a Community Event Streetwide
CITY OF COSTA MESA, CALIFORNIA
DRAFTCOUNCIL POLICY
SUBJECT
POLICY
EFFECTIVE
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NUMBER
DATE
COMMUNITY EVENT STREETWIDE
BANNERS
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Banner, including, but not limited to, a hazard caused by inclement weather or accidental
damage.
Costs that may be incurred by the removal of banners deemed to be a hazard shall be charged
to the organization, person or entity which/who requested the display of said Community Event
Streetwide Banner.
The sponsoring organization, person or entity of a Community Event Streetwide Banner agrees
to defend, indemnify, and hold free and harmless the City, at the sponsoring organization,
person or entity's sole expense, from and against any and all claims, actions, suits or other legal
proceedings brought against the City, arising out of, but not limited to, the installation, display
and removal of the sponsoring organization's Community Event Streetwide Banner, with the
exception of negligent or intentional acts by the City or its employees which give rise to claims,
actions, suits or other legal proceedings brought against the City.
,CITY PRIORITY FOR PLACEMENT
The display of a Community Event Streetwide Banner concerning a City public service
announcement or City -sponsored event will preempt all other requests from private groups for
the display of a Community Event Streetwide Banner, including scheduled displays agreed to by
the City.
The City will make any and all reasonable efforts to accommodate a private .group whose
scheduled display is preempted by a City banner.
In the event that there is a scheduling conflict amongst permissible requests from private groups
for a permit to display a Community Event Streetwide Banner, the requests shall be granted in
the order in which the requests were received, with such priority possible only for a period not to
exceed thirty (30) days from the date of the request until the date the Community Event
Streetwide Banner is posted.
TEMPORARY DISPLAY; NO EASEMENT
Any organization, person or entity permitted by the City to temporarily display a Community
Event Streetwide Banner under this policy expressly understands that the City does not purport,
by such permission for display, to grant any right, claim, title or easement in or upon any public
street, public property, or in or upon any other property within the City.
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CITY OF COSTA MESA, CALIFORNIA
DRAFTCOUNCIL POLICY
SUBJECT
POLICY
EFFECTIVE
Page
NUMBER
DATE
COMMUNITY EVENT STREETWIDE
BANNERS
500-16
TBD
6 of 6
NONTRANSFERABLE
Any grant by the City of a request by an organization, person or entity for the display of a
Community Event Streetwide Banner, constitutes a nontransferable grant expressly provided
only for the specific content and details provided in said request and approved by the City.
FEES AND COSTS
Any fees charged to a private party, pursuant to this policy, shall be in accordance with a fee
schedule adopted by the City Council.
AGREEMENT BY APPLICANTS TO POLICY
All applicants who submit Community Event Streetwide Banner requests to.the City shall also
submit a signed acknowledgment by an authorized representative of the organization, person or
entity submitting said application, that the City of Costa Mesa Community Event Streetwide
Banner Policy has been read, and all its terms and conditions are agreed to by the organization,
person or entity, specifically including, but not limited to, the section on Liability.
ADHERENCE BY APPLICANTS TO POLICY
In the event the organization, person or entity permitted by the City to display a Community
Event Streetwide Banner under this policy fails to comply with any or all of the requirements and
conditions, as set forth in this policy and any related application, guidelines, terms or rules
consistent with, or derived from, this policy, the permission by the City to display said
Community Event Streetwide Banner may be revoked, at the City Manager's (or his/her
designee's) discretion, and the City may remove the noncompliant Community Event Streetwide
Banner, with any and all permitting fees paid to the City under this policy nonrefundable as a
consequence of non-compliance, and the costs of removal incurred by City of any noncompliant
Community Event Streetwide Banner shall be charged to the organization, person or entity
whose request to the City under this policy resulted in the display of the noncompliant
Community Event Streetwide Banner.
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