Meeting Date: 7 August 2012
Prepared by: Sean Conroy,
Plng & Bldg Services Manager
City Council
Agenda Item Summary
Name: Consideration of a Resolution amending City Council Policy C95-07 regarding the display of banners on public property for community events.
Description: City Council Policy C95-07 outlines the application procedure and review criteria for the placement of banners on public property for community events. The proposed amendments would limit the display of banners from any one organization to no more than 30 days per calendar year and would allow some variations in banner material and content.
Overall Cost:
City Funds: Approximately $7,000 annually
Grant Funds: N/ A
Staff Recommendation: Adopt the attached Resolution.
Important Considerations: The display of decorative banners on public property is an important aspect of promoting a festive atmosphere and informing residents and visitors of local events. At times there is competition for use of the banner poles for events that have overlapping dates. The proposed amendments are designed primarily to reduce conflicts between competing events. This amended policy was reviewed by City Attorney Don Freeman.
Decision Record: N/ A
Reviewed by:
Jason Stilwell, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR BURNETT AND MEMBER OF THE CITY COUNCIL
FROM: SEAN CONROY, PLANNING & BUILDING SERVICES MANAGER
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: 7 AUGUST 2012
SUBJECT: CONSIDERATION OF A RESOLUTION AMENDING CITY COUNCIL POLICY C95-07 REGARDING THE DISPLAY OF BANNERS ON PUBLIC PROPERTY FOR COMMUNITY EVENTS
BACKGROUND
The Council adopted a policy regarding the display of banners on public property for community events in 1995. The purpose of the policy is to establish an application and review process for organizations wishing to display banners on public property for their respective events. The policy was amended in 2009 to eliminate the fees related to the installation and removal of the banners. The Council determined that the benefits of the various events outweighed the cost to the City related to banner installation and removal.
The City spends about $7,000 a year on banners. Staff has attached a spreadsheet
outlining the events that have been scheduled this year and the number of days of use.
One problem that frequently arises is when two events are competing for use of the
banners during the same time period. There are currently no limits on the total number of
days that can be requested by any one organization and the policy allows a first-come
first-serve approach without any date for when the request can be made. For example, an
applicant could make a request today for banners to be installed two years from now.
Most event planners indicate that it is important to have exclusive use of the banner poles
rather than sharing with another event. Since PacRep and the Forest Theater Guild
request the most days, the conflicts often result from these requests.
The second issue that frequently arises is the required banner materials. Applicants often
request materials, such as vinyl, rather than a more natural fabric. The request is often
based on cost.
PROPOSED AMENDMENTS
Staff is proposing some amendments to the existing policy to address the two issues
outlined above (shown in strike out and bold underline in Attachment “A”). Staff is
recommending that no private organization be allowed to display banners for more than
30 days per calendar year. Applications could also not be submitted prior to January 1 of
the year the event will take place. Reducing the number of days allowed will reduce
potential conflicts between competing events.
The amendments would allow staff to authorize additional days if within 14 days of the
request no other event had reserved the banner poles. For example, if by August 1 no
other organization had requested use of the banner poles for the week of August 14, an
organization could add those days for their use.
Staff is also recommending that the Council consider allowing for materials other than
fabric. There are some new products that maintain the appearance of fabric that are more
cost effective for the users. Staff will provide some material samples for the Council’s
review. Finally, staff is recommending allowing the display of a website address on the
banners.
RECOMMENDATION
Adopt the attached Resolution.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING CITY COUNCIL POLICY C95-07 RELATED TO THE INSTALLATION OF BANNERS ON PUBLIC PROPERTY FOR COMMUNITY EVENTS
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself in its community 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 proposed revisions will reduce conflicts between competing events and will allow for better management of the installation and removal of banners.
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 7th day of August 2012 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
______________________________
JASON BURNETT, 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-to-time; 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;
Staff may refer a proposed event to the Community Activities and Cultural Commission if it is unclear whether it qualifies under the three types of events outlined above.
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 and have a matte finish. A material sample shall be submitted to the City
prior to installation.
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 and website address of the event shall be displayed 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. Private organizations
shall be limited to displaying banners for no more than 30 days per calendar year. An
exception to this limit can be granted for additional days if within 14 days of the requested
additional dates that the banner poles have not been reserved by another organization.
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 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 and proposed banner installations are available in the Department of
Community Planning and Building at City Hall. Completed applications must be submitted to
the Department at least (30) days prior to the requested installation date but not before January
1 of the year in which the event will occur. 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”.
LIABILITY, PROPERTY DAMAGE:
Each applicant, its successors and assigns shall defend and 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.
2012 Banners
ORGANIZATION EVENT # OF DAYS BANNERS
City of Carmel-by-the-Sea US Flags 66
Big Sur International Marathon Big Sur International Marathon 11
Carmel Art Festival Carmel Art Festival 12
Forest Theater Guild 2012 Season 63
Carmel Heritage Annual Home Tour 10
Bach Festival Bach Festival 26
Doug Freedman Concours on the Avenue 7
Pebble Beach Pebble Beach Concours 5
Pac Rep 2012 Pac Rep Season 50
Jim McGillen Carmel Authors & Ideas Festival 12
City of Carmel-by-the-Sea Holiday Banners 36
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