HomeMy WebLinkAbout15 - Taste of Newport BannersCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 15
August 11, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David Keely, Senior Civil Engineer
949 - 644 -3349 or dkeely @newportbeachca.gov
SUBJECT: TASTE OF NEWPORT BANNERS — APPROVAL OF ENCROACHMENT
PERMIT N2009 -0179
RECOMMENDATION:
Conditionally approve the request of the Newport Beach Chamber of Commerce for the
installation of 169 banners, from August 24, 2009, to September 22, 2009, for the
annual Taste of Newport. Installation will be along Westcliff Drive, Jamboree Road,
MacArthur Boulevard, Newport Boulevard, and Coast Highway. Waive City fees
associated with the banners and their installation.
DISCUSSION:
The Newport Beach Chamber of Commerce (NBCC) has requested that 169 private
banners be installed from August 24 through September 22, 2009 along the City's
major thoroughfare, for the 21st Annual Taste of Newport. The banners will be
mounted on streetlight poles in the public right -of -way along Westcliff Drive (9 banners),
Jamboree Road (35 banners), MacArthur Boulevard (43 banners), Newport Boulevard
(26 banners) and Coast Highway (56 banners). See attached Exhibit. The banners on
a portion of Newport Boulevard and a portion on East Coast Highway are within
Caltrans right -of -way and will require a Caltrans Standard Encroachment Permit.
On the weekend of September 18 through 20 NBCC will host the 21 st Annual Taste of
Newport — a dining and entertainment celebration highlighting the many restaurants in
Newport Beach. The NBCC reports that over 60,000 people attend the Taste of
Newport events. Attendees pay a $25.00 admission charge to enter the event and will,
if interested, purchase scrip to receive food and drink from participating restaurants and
caterers.
The event is not co- sponsored by the City of Newport Beach and is not free to the
public. Council Policy L -16 prohibits the use of a commercial sponsor's name on
banners. However, the event will be community -wide, open to the public, and may
Taste of Newport Banners —Approval of Encroachment Permit Number N200"179
August11,2009
Page 2
create additional revenue to the City through restaurants, businesses, and hotel
reservations.
The applicant's request to install 169 private banners will exceed the 100 - banner limit
allowed per City Council Policy L -16. In the past, similar requests for this event have
been approved by City Council and there have been no reported public complaints.
Should the City Council elect to approve the installation of 169 private banners in the
City for 30 days, staff recommends the following conditions of approval:
1. No banners shall be installed on traffic signal poles or metal streetlight poles.
2. The applicant must provide on -going maintenance of the banners and brackets.
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. The applicant will obtain an Encroachment Permit (N2009 -0179) by the Public
Works Department.
6. The banners shall conform to City Council Policy L -16 with the exception of the
number of banners, open to the public free of charge, and co- sponsor by the City.
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.
11. A Caltrans Standard Encroachment Permit shall be obtained for banners in Caltrans
right -of -way.
Taste of Newport Banners — Approval of Encroachment Permit Number N2009-0179
August 11, 2009
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 Availabifit :
No City funds will be required. The NBCC will pay all costs associated with the
installation and removal of the banners.
Prepared by:
David Keely
Senior Civil Engi eer
Attachment: Banner Exhibit
Submitted by:
Newport Beach Chamber of Commerce- Taste of Newport Banner Installation
EXHIBIT A
SHEET 1 OF 11
Newport Beach Chamber of Commerce- Taste of Newport Banner Installation
Installation of (9) Single Banners on Westcliff Dr
from Dover Dr. to Irvine Ave.
MAP 1 EXHIBIT A
SHEET 2 OF 11
Newport Beach Chamber of Commerce- Taste of Newport Banner Installation
Installation of (35) Single Banners on Jamboree Rd
from Pacific Coast Highway to San Joaquin Hills Rd.
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. NON- CALTRANS LOCATIONS
• CALTRANS LOCATIONS
EXHIBIT A
SHEET 3 OF 11
Newport Beach Chamber of Commerce- Taste of Newport Banner Installation
Installation of (43) Single Banners on
MacArthur starting at PCH and ending
at San Joaquin Hills
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• CALTRANS LOCATIONS
EXHIBIT A
SHEET 4 OF 11
Newport Beach Chamber of Commerce- Taste of Newport Banner Installation
ire
30th
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EXHIBIT A
SHEET 5 OF 11
Installation of (21) Single CALTRANS
Banners on Newport Blvd from Finley St
to Hoag Rd
Installation of (S) Single NON - CALTRANS
Banners on Newport Blvd from 32nd to
Finley
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CALTRANS LOCATIONS
EXHIBIT A MAP 4
SHEET 6 OF 11
Newport Beach Chamber of Commerce- Taste of Newport Banner Installation
EXHIBIT A
SHEET 7 OF 11
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Newport Beach Chamber of Commerce- Taste of
Newport Banner Installation 0
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Installation of (28) Single Non-Caltrans Banners on
Pacific Coast Highway from MacArthur to Jamboree Orr
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EXHIBIT A
SHEET 8 OF 11
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Newport Beach Chamber of Commerce- Taste of
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• NON- CALTRANS LOCATIONS
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EXHIBIT A
SHEET 9 OF 11
jj Dekra-Cite
Oecaratlan Innovawrt
The Windareaker Bradoet System has been erginaered `or exterior
instaM•tions to al types of weather. The banter system featwes an
afuntirmn: houslog with an adjustable fiberglass arm cantilevered to keep
the banner tight The flbdble arm 4sVs the Ahd pressure rram the pole
and banner to pnolang ew We nt Maur banner program.
Specincattons:
• Adaptable to any type of pole regardless of shape, site, or material
• Equipped with a cantilevered tlpdble fibero m atm Mt spins the wind off tN tte b nnei, thereby ad&n
tongevftf fa yaurbanrw program. Standard arm lergth is 30°. CLIMM lengft available upon request.
• Bracket Shoes allow for up to B" of adjustalallty In helghlt wittrnut remtwing shoes.
• Buitt with 100% extruded aluminum stack; when insialied with sminless ucel banding there are no
oxkilzlrag matertason your poles.
• Simple to install' and the ants remove aas4 when your fanner progran Is not h use.
• Includes a six year nndted warrafotr
• Banner B secured with a metal; safety wire through a grommet.
EXHIBIT A
SHEET 10 OF 11
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SEPTEMBER SEPTEMBER SEPTEMBER SEPTEMBER
18 -20 18 -20 18 -20 18 -20
1,16
TEMPORARY BANNERS EXTENDING OVER
THE PUBLIC RIGHT -OF -WAY
Ia1Z Ilk) IINK- AZIa'a$1t7t:�: +9�1
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 20.67 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 20.67 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 Utilities Director.
PERMIT PROCESS
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.
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.
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 Bests Key Rating Guide parameter of "A" or better and a
financial size category of "VIII" or higher.
SfANDARD6
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 Utilities Department. Wind load
calculations, determined by a registered engineer, will be required
for banners greater than 20 square feet;
2
L-16
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. Banners shall not encroach on or above any portion of a right of way
utilized by motor vehicles;
4. No more than one (1) banner shall be installed on any pole or standard
and banners may not be installed between poles or standards;
5. The banners shall contain only the name of the permitbee and the date,
time and the name of the event to be conducted by the permittee;
6. All banner brackets on streetlight poles must be mounted at least fourteen
(14) feet above the ground surface;
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;
8. 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 Utilities
Department;
9. Banners shall be installed only at locations specified on the permit;
10. 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 Caltrans manual of traffic control; and
11. 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.
3
L -16
B. Time of Installation.
1. Permittee shall contact the City Electrician of the Utilities 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
previously 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 26,19%
Amended - February 24,1997
Amended - May 8, 2001
Amended - April 8, 2003
Amended - October 10, 2006
Formerly M-4