CITY COUNCIL: Resolution Adopting Revisions to Council Policy Related to Installation of Banners on Public Property

Meeting Date: 3 March 2009
Prepared by: Sean Conroy,
Planning & Building Services Manager

City Council
Agenda Item Summary

Name: Consideration of a Resolution adopting revisions to City Council Policy C95-07 related to the installation of banners on public property.

Description: The proposed revisions to the City’s Banner policy will indicate that no fees will be charged for banner installation. The revisions also will allow the display of website addresses on the banners along with other minor changes to the policy.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: Banners installed on City property allow for advertising of community events. These events provide many benefits to the City, including increased exposure and revenues.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY,
PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 3 MARCH 2009
SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING REVISIONS TO CITY COUNCIL POLICY C95-07 RELATED TO THE INSTALLATION OF BANNERS ON PUBLIC PROPERTY

BACKGROUND & PROJECT DESCRIPTION
On 11 June 2008, the City Council reviewed a request by the Sunset Center, Inc. to waive the permit fees for several banners. At that meeting, the Council determined that the fees for all banner installations should be waived. The proposed revisions to the Banner Policy will reflect this decision and also will allow the display of a website address on the banners. The revisions also make other minor changes to the policy (see strike out and underlines in attached policy).

RECOMMENDATION
Adopt the attached Resolution.


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA ADOPTING REVISIONS TO CITY COUNCIL POLICY C95-07 RELATED TO THE INSTALLATION OF BANNERS ON PUBLIC PROPERTY

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself in its historic character; and

WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations; and

WHEREAS, City Council Policy C95-07 was adopted to outline the procedure for application and review of the installation of banners on public property; and

WHEREAS, the City Council determined to waive all fees associated with banner installations on 11 June 2008; and

WHEREAS, the proposed revisions will reflect the Council’s previous direction along with making other minor modifications to the policy.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:

Resolve to amend City Council Policy C95-07 (banners) as shown in attachment “A”.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 3rd day of March 2009 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

________________________
SUE McCLOUD, MAYOR

ATTEST:

__________________________________
Heidi Burch, City Clerk

Attachment “A”
CITY OF CARMEL-BY-THE-SEA
POLICY C95-07
BANNERS ON PUBLIC PROPERTY

PURPOSE:
To establish fees and a policy outlining the procedure for application and review of the design, style, appropriate locations, duration of display, installation and removal of banners on public property in the City of Carmel-by-the-Sea.

POLICY:
The City of Carmel-by-the-Sea supports the concept of displaying decorative banners on public property for the purpose of promoting a festive atmosphere and informing
residents and visitors of local events. Display of banners is limited to the following areas:
1. Ocean Avenue median
2. Sunset Center property
3. Devendorf Park
4. Other locations as may be determined by the Planning Commission from time-totime;
provided, however, that all such exceptions are referred to the City Council for its prior approval.

GUIDELINES:
Approval Authority:
The Community Planning and Building Department shall have the authority to review and approve or deny applications for public display of banners in accordance with following guidelines

Guidelines for Appropriate Events:
Banners may be approved only for the following types of events:
1. City events and activities
2. City co-sponsored events/activities.
3. Community events/activities, which take place within Carmel-by-the-Sea City limits.
4. Events that, in the judgment of staff, will benefit the City.

Guidelines for Banner Design:
The following guidelines shall be used for reviewing and approving or denying banner
applications:
1. Size: Banners must conform to specifications of the City’s display stanchions and hardware as set forth in the specifications identified in Exhibits A, B, and C of this Policy. In no case shall the area of any banner exceed twenty-four square feet.

2. Material: Banners must be constructed of durable, natural-looking fabric including those coated (not plastic); both the fabric and the paint must be capable of withstanding the elements.

3. Attachments: Banners must have fasteners (grommets) that are durable, safe and appropriate to meet the design specifications of the stanchions. Refer to specifications in Exhibits A, B, and C of this Policy.

4. Design: All banners shall be simple design, consistent with village character, and compatible in color and design with surrounding architecture and landscaping. Fluorescent or incompatible colors, streamers, balloons and other appurtenances to attract the eye are prohibited.

5. Lighting: Illumination is prohibited.

6. Text: Only the name and dates of the event shall be displayed, in addition to a website address, on a banner. Location information is limited to the place (Devendorf Park, Sunset Center, etc.), not a street location. The text size for the location and dates must also be substantially smaller than the event name and graphic image.

7. Location: Placement of banners shall be limited to those areas set forth in the “Policy” section of this document. Any other locations shall require Planning Commission recommendation to the City Council.

8. Condition and Maintenance of Banners: All banners must be clean and in good condition. If not, the banners cannot be displayed.

9. Calendar: Banners for no more than two events shall be displayed at any one time on Ocean Avenue. The Department of Community Planning and Building shall maintain the calendar of dates for banners approved for installation. When banners for two events are displayed they shall be on alternate stanchions such that all four faces on each stanchion (left/right sides and east/west faces) display the same event.

DURATION:
Banners may be displayed for up to seven days prior to the beginning of the event, and may be displayed for no more than three days following the event’s conclusion. It shall be the responsibility of the Department of Community Planning and Building to coordinate, as needed, the installation and removal of the banners with other City Departments.

INSTALLATION, MONITORING, AND REMOVAL:
A private contractor, designated by the City, shall have sole responsibility for the installation, removal, and return of all banners to the applicant. The Department of Forest, Parks and Beach Department of Community Planning and Building shall have the responsibility for monitoring and insuring that, while placed on public property, the condition and appearance of all stanchions and banners are consistently maintained to meet the community’s aesthetic standards.

APPLICATION PROCEDURE:
Applications for the review of proposed banner installations are available in the Department of Community Planning and Building at City Hall. Completed applications must be submitted to that Department at least thirty (30) days prior to the requested installation date. Applications will be reviewed on a first come, first served basis with consideration given to the list of priorities discussed under “Guidelines for Appropriate Events”.

Appeal: Applicants have the right to appeal staff’s decision to the Planning Commission.
FEE:
No application or installation fees shall be charged.
A flat fee of $50 is established to cover the costs associated with administration and design review. The $50 flat fee for design review will be waived for applicants using previously approved banners.

An additional fee of $30.00 per single banner and $40 per double banner per stanchion is established to cover the costs associated with contract installation and removal.

Fees for appeals to the Planning Commission or for processing a request for a new
location (per Guideline #7, above) shall be the same as the current Design Review fee for a Track One referral/Administrative Appeal.

LIABILITY, PROPERTY DAMAGE:
Each applicant, its successors and assigns shall hold the City of Carmel-by-the-Sea and its officers and employees harmless from any claims due to theft, vandalism, damage or loss of its banners, due to any cause whatsoever, and from any and all claims, actions and demands of third parties of any kind, character and description arising out of or due to the display of banners approved hereunder.

Contractor agrees to provide the City with a certificate of insurance from an insurance carrier acceptable to the City certifying that the applicant has public liability and property damage insurance with limits of not less than $1,000,000.00 combined single limit for personal injury and/or property damage and naming the City, its officials and employees as additional insureds. The certificate must indicate this insurance is primary over any other valid or collectible insurance the City may have.