Meeting Date: 7 May 201 3
Prepared by: Marc Wiener, Senior Planner
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. Typically the City encourages sharing the banner poles, however, some events draw a large number of visitors to Carmel and only use the banner poles for a short duration. The current policy does not include a provision for considering exclusive use of the banner poles for these events. The proposed amendments would give staff discretion to approve the exclusive use of the banner poles for special events with the Community Activities and Cultural Commission being advisory on these decisions.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Adopt the attached Resolution.
Important Considerations: The banner policy was recently amended on 7 August 2012. The purpose of this latest amendment is to give the City more discretion in the review of applications and to improve the application process.
Decision Record: N/ A
Attachments:
• Staff Report
• Amended Policy
• Resolution
Reviewed by:
Jason Stilwell, City Administrator Date '
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
FROM: MARC WIENER, SENIOR PLANNER
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: 7 MAY 2013
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 recently amended on 7 August 2012 to include the following revisions:
• The City encourages up to two events sharing the banner poles at any given time.
• Staff may refer a proposed event to the Community Activities and Cultural Commission if it is unclear whether it qualifies under the four types of allowed events.
• The use of vinyl is prohibited and the material must have a matte finish.
• Website addresses can be posted on the banner.
• Banners can be displayed at Sunset Center.
• Completed applications may be submitted up to one year but not less than 45 days prior to the requested installation date.
• Within 30 days of the installation date the City must notify the applicant to whether the banners have been approved and whether the banner poles will be shared with another event.
One of the primary reasons that the City Council amended the policy was to improve the
application process and provide more equity to the applicants. For example, the revised
policy encourages the sharing of the banner poles and sets limits on when an applicant
can apply. While the amended banner policy is a significant improvement over the
previous one, staff has identified a few additional issues that still need to be addressed as
described in the following section.
49
Banner Policy C95-07
7 May 2013
Staff Report
Page2
PROPOSED AMENDMENTS
Use of Banner Poles:
With regards to the use of the banner poles the current policy states that "the city
encourages up to two events sharing the banner poles at any given time" and "if more
than 2 events request the same dates, staff will give preference to those events or
organizations that have had the fewest displays in the past 12 months. "
Typically the City encourages sharing the banner poles, however, some events such as
the Art and Film Festival, Concours d' Elegance, and the Art Festival draw a large
number of visitors to Carmel and only use the banner poles for a short duration. The
current policy does not include a provision for considering exclusive use of the banner
poles for events that provide significant cultural and economic benefit to the City.
The policy should also consider the number of days being requested by each event or
organization when determining whether sharing is appropriate and equitable. For
example, the Forest Theater Guild and PacRep operate theaters within the City that have
regular theatrical events. This year the Forest Theater Guild has been approved to use the
banner poles a total of 71 days, while PacRep was approved for 89 days. Other special
events such as the Art and Film Festival, Concours d' Elegance, and the Art Festival
occur once per year and use the banners for a limited duration ranging from 8-13 days.
Most of these events occur during the busy theater season (July-Oct), which can lead to
conflict.
Staff reviewed whether it is equitable to make an organization that only displays their
banners for a short duration (8-13 days) share with an organization that has regular events
and displays banners for a much longer duration (70-90 days). In order to maintain
equity in the application process staff recommends giving some preference to
organizations that display banners for the fewest amount of days.
This latest revision adds a provision to the banner policy allowing staff to approve
exclusive use of the banner poles for organizations or events that provide significant
cultural and economic benefit to the City, and with preference given to organizations that
request the fewest number of days. The policy states that the Community Activities and
Cultural Commission shall be advisory to staff on these decisions.
Harrison Memorial Library: Harrison Memorial Library has several fundraising events
throughout the year that are advertised by placing banners on the front balcony of the
library. Staff has added the Harrison Memorial Library to the list of approved locations
and stating that it can only be used to display banners for library sponsored events.
50
Banner Policy C95-07
7 May 2013
Staff Report
Page3
An additional provision has also been included to the policy allowing the banner to be
displayed a maximum of 30 days prior to the event.
Notification: The current policy states that the applicant shall be notified of approval
within 30 days of the installation date. Staff has revised the notification period to 60 days
to provide the applicant with a more reasonable timeframe to prepare the banners once
receiving approval.
Commissions: CMC 2.68.060 states that the role of the Community Activities and
Cultural Commission is "to stimulate and encourage community, cultural and
recreational activities within the City and to actively participate in the executions of
these activities" and "to serve in an advisory capacity to the City Council, the City
Administrator and Community Services Manager in regard to community activity and
recreation matters and all such matters pertaining to public recreation and the use of
recreational lands, facilities and donations. "
The current policy refers decisions about the type of events that can display banners to
the Community Activities and Cultural Commission, while decisions about banner
locations are to be referred to the Planning Commission. Staff has replaced references to
the Planning Commission with the Community Activities and Cultural Commission to
make them the primary commission responsible for reviewing banner applications, which
will provide more consistency in the application process.
SUMMARY
Staff is proposing amendments to the existing policy to address some of the issues
outlined above (shown in strike out and bold underline in Attachment "A").
RECOMMENDATION
Adopt the attached Resolution.
51
Attachment "A"
CITY OF CARMEL-BY-THE-SEA
POLICY C95-07 Updated 5/7/13
BANNERS ON PUBLIC PROPERTY
PURPOSE:
To establish 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. The City typically encourages up to two events sharing the
banner poles at any given time. In limited circumstances staff may authorize the
exclusive use of the banner poles as outlined in the application procedures. Display of
banners is limited to the following areas:
1. Ocean A venue median
2. Sunset Center property
3. Devendorf Park
4. Harrison Memorial Library (library sponsored events only)
5. Other locations as may be determined by the Community Activities and Cultural
Commission 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;
4. Events that, in the judgment of staff, will benefit the City.
Staff may refer a proposed event to the Community Activities and Cultural Commission if it
is unclear whether it qualifies under the four types of events outlined above.
52
Policy C95-07
Banners on Public Property
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 vinyl); 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 for approval 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 a simple website address (no www or http://) 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 Community
Activities and Cultural Commission 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 A venue and at the Sunset Center. 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.
53
Policy C95-07
Banners on Public Property
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. Banners may be
displayed at Harrison Memorial Library for a maximum of 30 days prior to the event.
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 of proposed banner installations are available in the Department
of Community Planning and Building at City Hall. Completed applications may be
submitted up to one year but not less than 45 days prior to the requested installation date. If
two events request the same dates, the banner poles shall be shared and the banners shall be
displayed consistent with the standards outlined in #9 - Calendar above. If more than 2
events request the same dates, staff will give preference to those events or organizations that
have had the fewest display days in the past 12 months. Staff may authorize the exclusive
use of the banner poles for events that provide significant cultural and economic benefit
to the City. Preference may also be given to events or organizations that request the
fewest number of days per year. The Community Activities and Cultural Commission
shall be advisory to staff on the use of the banner poles.
Within ;M) 60 days of the installation date the City will notify the applicant of whether the
banners have been approved and whether the banner poles will be shared with another event.
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.
54
Policy C95-07
Banners on Public Property
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.
Exhibits attached: A, B, and C
55
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2013-
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 give the staff more discretion in reviewing
banner applications and provide more equity between organizations proposing to display
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 CARMELBY-
THE-SEA this _ day of 2013 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
JASON BURNETT, Mayor
ATTEST:
Heidi Burch, City Clerk
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