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HomeMy WebLinkAbout14 - Newport Beach Film Festival BannersCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 March 13, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Associate Civil Engineer 949 - 644 -3323 or ilee @city.newport - beach.ca.us SUBJECT: NEWPORT BEACH FILM FESTIVAL BANNERS — APPROVAL OF ENCROACHMENT PERMIT NO. N2007 -0096 RECOMMENDATION: Conditionally approve the request of Display City, Inc. for the installation of 80 banners on 40 streetlight poles, from March 29, 2007 to April 29, 2007, for the 8t" Annual Newport Beach Film Festival. Installation will be along Newport Center Drive EastlWest. DISCUSSION: Display City, Inc., (DCI), a contractor representing Newport Beach Film Festival, Inc., has requested eighty (80) 25 by 5.5' banners be installed from March 29, 2007 to April 29, 2007 along Newport Center Drive East/West for the 8 "' Annual Newport Beach Film Festival. DCI proposed two banners to be mounted on each of the 40 median street light poles within the Newport Center Drive East/West public right -of -way as depicted on the attached banner exhibits. The Newport Beach Film Festival is an 11 -day event that will showcase more than 350 films from around the world offering an ambitious and international selection of features, shorts, documentaries and animation. This year's event is expected to attract more than 35,000+ people. This event will take place from April 19 to April 29, 2007. The Orange County Register and Coast Magazine are commercial sponsors of the event and the banner design includes their names at the top and bottom of each banner, respectively.' The event is co- sponsored by the City of Newport Beach, but admission to the film festival it is not free to the public. Council Policy L -16 prohibits the use of a commercial sponsor's name on the banner and it further specifies that banners can be authorized only if the events are free to the public. The applicant's request to install the banners from March 29, 2007 to April 29, 2007 (32 days) will exceed the 30 days maximum installation period allowed per City Council Newport Beach Film Festival Banners — Approval of Encroachment Permit Number N2007 -0096 March 13, 2007 Page 2 Policy L -16. Although this time period exceeds the maximum allowed, it should be noted that the installation period will not conflict with any known upcoming banner installations. Lastly, DCI's request to install 80 private banners will not comply with the single banner per pole concept allowed per City Council Policy L -16; however, a similar request for the same event was approved by City Council on April 11, 2006, and there have been no reported public complaints or problems. Should City Council elect to approve the installation of 80 private banners along the Newport Center Drive East/West for 32 days, staff recommends the following conditions of approval: 1. No banners shall be installed on traffic signal poles. 2. The applicant shall provide for on going maintenance of the banners and brackets associated with this event. 3. The applicant must sign a "Hold Harmless Statement" requiring maintenance of the banners /brackets and indemnification and hold harmless for any liability associated with the banners /brackets. 4. The applicant must 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. 5. Issuance of an Encroachment Permit by the Public Works Department and compliance to all conditions provided on the Encroachment Permit. 6. The banners shall conform to City Council Policy L -16 with the exception of the installation duration. 7. All banners and brackets shall be removed by the end of the approved time unless otherwise approved by the conditions stated in the Encroachment Permit. 8. All banners and brackets shall comply with the Encroachment Permit conditions. 9. If needed, the City may require removal of some of the banners to allow other organizations to install banners at the same location and during the same time period. 10. A minimum of two 5 -inch wide half - circle wind slits per banner are required to minimize the wind load. Newport Beach Film Festival Banners — Approval of Encroachment Permit Number N2007 -0096 March 13, 2007 Page 3 Environmental Review: Staff determined that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the Guidelines. This action is not considered to be a project as defined by CEQA. Funding Availability: No City funds will be required. The Newport Beach Film Festival will pay all costs associated with the installation and removal of the banners. Prepared by: Associate Civil Engineer Attachment: Banner Exhibit Submitted bv: M. � 5.5 2.5' PA, it, 0 Existing Flagpole brackets with adjustable band. Quick Two 599 wind slit circles I W; A® per City of Newport Bch., Adjustable 6V March 13. 2007 Mr. George .Murdoch Acting Utilities Director City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Re: Street Light Banner Installation Newport Center Drive, Newport Beach, CA Dear Mr. Murdoch We are in receipt of your request to install 80 banners on 40 poles along Newport Center Drive surrounding Fashion Island to promote the upcoming Newport Beach Film Festival. We have reviewed this request with our lighting maintenance consultant, Sundown Lighting and Electrical in addition to a representative of the pole manufacturer Ameron. Sundown Lighting and Ameron do not recommend the use of any banners on the street light poles indicated on the map received. The structural design of the street light poles do not allow for any advertisement banners to be attached. The installation of these banners during heavy winds may cause the pole to fall resulting in property damage or personal injury. As a result of the recommendations provided above, The Irvine Company disclaims any liability for the proposed banner installation. If the City of Newport Beach decides to install the banners they will assume liability for any damage or injury as a result of this installation. If you have any questions or require further information please feel free to contact our office at (949) 729 -1450. Sincerely, The Irvine Cgnapany LLC Joni Pongracz Property Manager �4 Cc: Jim Stiepan, The Irvine Company Stacy Nishioka, The Irvine Company 630 Newport Career Drive. Suite 100, Newport Beach, California 92Pi60 (949) 729 -1450