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Home My WebLink About16 - Request to Install a Banner on the Newport PierCITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: April 11, 2017 Agenda Item No. 16 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov David Keely, Senior Civil Engineer, dkeely@newportbeachca.gov 949-644-3349 TITLE: Request to Install a Banner on the Newport Pier (N2017-0155) ABSTRACT: The Anaheim Ducks are requesting to install a banner on the Newport Pier during their participation in the National Hockey League (NHL) Stanley Cup Playoffs (Attachment A). The applicant anticipates that the banner installation request will occur during subsequent years as long as the Anaheim Ducks are in the playoffs. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Waive City Council Policy L-16, Temporary Banners Extending Over the Public Right - of -Way, to allow the installation of a 71.25 -foot by 4.5 -foot Anaheim Ducks banner (Attachment B) on the Newport Pier for a period of approximately two (2) months (mid- April to mid-June). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The Anaheim Ducks are requesting to install a 71.25 -foot by 4.5 -foot banner on the Newport Pier during the Ducks playoff run (Attachment C). The applicant proposes to install the banner toward the end of the Anaheim Ducks regular season and remove the banner at the end of the playoffs. NHL playoffs are typically from mid-April to mid-June. 16-1 Request to Install a Banner on the Newport Pier (N2017-0155) April 11, 2017 Page 2 City Council Policy L-16 (Attachment D) includes general provisions that the banner notifies the public of a community event, open to the public without charge, conducted by a non-profit corporation or organization and co-sponsored by the City of Newport Beach. The Anaheim Ducks have submitted a Special Event Permit (SEP17-065) for an event at the Newport Pier on Sunday, April 9, 2017 (prior to the banner installation). This event includes a large beach towel (95 -feet by 39 -feet) for photo opportunities and Public Address (PA) system. This event will be open to the public without charge and is not sponsored by the City. The Anaheim Ducks are planning to have a booth at the Newport Beach Farmer's Market located at the Newport Pier providing interactive activities encouraging community involvement in the "Paint it Orange" campaign. The Anaheim Ducks Foundation has also organized a raffle where guests purchase tickets to have a chance to win an Anaheim Ducks signed surfboard with all the proceeds benefitting the Ben Carlson Memorial and Scholarship Foundation. The policy limits the size of the banner to 8 -feet by 4 -feet and limits the duration to 30 days maximum. The proposed banner is 71.25 -feet by 4.5 -feet and will be placed along the railing of the Newport Pier for approximately two (2) months (mid-April to mid-June). Staff recommends that the City Council approve the waiver of City Council Policy L-16 and direct staff to process the encroachment permit (N2017-0155). It should be noted that if this request is approved, subsequent requests may be approved by the City Manager, provided that the size, number, location and banner type (language and graphics) are unchanged. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Letter Attachment B — Banner Details Attachment C — Banner Proof Attachment D — City Council Policy L-16 16-2 David Schenker J0. Anaheim Ducks Hockey Club 2695 E. Katella Ave Anaheim, CA 92806 March 30, 2017 Mr. David Webb Public Works Director City of Newport Beach Dear Mr. David Webb: 140AL Center, On April 9, 2017, the Anaheim Ducks will initiate their drive to the playoffs with another unique event on the north side of the Newport Pier. Beach -goers and Ducks fans will have the opportunity to have their beach day on Southern California's largest beach towel (95' x 39'). In addition, the Ducks will also have a presence at the Newport Beach Farmers Market where they will have interactive activities promoting the community's encouraged involvement to "Paint It Orange". Please consider this request for installation of the "Let's Go Ducks & Paint it Orange" banner (71.25' x 4.5') on the Newport Beach Pier on an annual basis as long as the Anaheim Ducks Hockey Club make the NHL Stanley Cup Playoffs. We are requesting that after this Council review, the city manager can approve all subsequent installation as long as size, location and banner type are the same. The Anaheim Ducks Hockey Club and the City of Newport Beach have always had a tight bond. Over the past two seasons, days prior to the Ducks first round match -up in the Stanley Cup Playoffs, the two entities have partnered up to organize the "Paint It Orange Beach Party" just north of the Balboa Pier, truly a one -of -a -kind event. Not only have these events raised awareness for the Anaheim Ducks and the City of Newport Beach, but they have leveraged this opportunity to shed light on local non -profits that truly make a difference in the immediate community. The Anaheim Ducks Foundation organized a raffle where guests could purchase tickets for the chance to win an Anaheim Ducks team signed surfboard with all proceeds benefitting the Ben Carlson Memorial & Scholarship Foundation. The Anaheim Ducks Foundation raised a total of $3,460 for the Ben Carlson Memorial & Scholarship Foundation over the last two years and looking to add to this in the future. The Anaheim Ducks and City of Newport Beach ties just don't stop at events. The Anaheim Ducks owners are proud to call the City of Newport Beach home, in addition to a large number of players and employees who do as well. Should you have any questions or need any further information regarding this request, please feel free to contact me directly. Sincerely, avid Schenker Anaheim Ducks Hockey Club 2695 East Itatella Avenue • Anaheim, California 92806 • PH: 714.704.2400 - FAX- 714.704.2443 www.anaheimducics.com www.hondacenter.cam 16-3 Newport Pier One Sheet We would like the banner placed on the north facing side of the Newport Pier, with the middle of the banner approximately where the water and sand meet. Please note pictures below. • Mounting Information:. "1'2' moons" are cut in the banner to allow for wind pass through. Caliber Signs & Imaging, Inc. will use specific materials that are engineered to withstand certain wind loads to a limit- with the idea that they will actually break away when the winds exceeds a certain MPH. The banner will also be installed with extra security features in mind, so the banner cannot be easily removed by patrons.. • Installation & Removal Date: Installation- April 7, 2017... Removal -June 20, 2417*. *Or after Anaheim Ducks become eliminated from the playoffs. 16-4 ATTACHMENT C -1 `I2 -c;/ -' `t►sI 16-5 TEMPORARY BANNERS EXTENDING OVER THE PUBLIC RIGHT-OF-WAY FINDINGS AND PURPOSE L-16 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 20.42 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 20.42 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 Municipal Operations Director. I��C ►��IYIf�iCZ�Z�]�.Y.� 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. 1 16-6 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. If City Council approves the request, subsequent requests for the same event maybe approved by the City Manager, provided that the size, number, location and banner type (language and graphics) are unchanged. 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 Best's Key Rating Guide parameter of "A" or better and a financial size category of "VIII" or higher. STANDARDS 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 Municipal Operations Pa 16-7 L-16 Department. Wind load calculations, determined by a registered engineer, will be required for banners greater than 20 square feet; 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. No more than one (1) banner shall be installed on any pole or standard and banners may not be installed between poles or standards; 4. The banners shall contain only the name of the permittee and the date, time and the name of the event to be conducted by the permittee; 5. All banner brackets on streetlight poles must be mounted at least fourteen (14) feet above the ground surface; 6. 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. Each banner shall have a minimum of two (2) 5 -inch half circle wind slits are required; 7. 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 Municipal Operations Department; 8. Banners shall be installed only at locations specified on the permit; 9. 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 California Manual on Uniform Traffic Control Devices; and 10. 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. 91 16-8 L-16 B. Time of Installation. 1. Permittee shall contact the Municipal Operations 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 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 26,1996 Amended - February 24,1997 Amended - May 8, 2001 Amended - April 8, 2003 Amended - October 10, 2006 Amended - May 14, 2013 Amended - May 12, 2015 Formerly M-4 11 16-9