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