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HomeMy WebLinkAbout01/04/1994, 4 - REVISED BANNER POLICYIIINA�Y1ll^,Illlln� II MEETING DATE: pi�I�U� �� tJ o f san lugs os�spo 1 -4 -94 COUNCIL AGENDA REPORT ITEM NUMBER: ` FROM: Michael D. McCluskey, Public Works Director Prepared by: Mike Bertaccini, Engineering Assistant�� ' SUBJECT: Revised Banner Policy CAO RECOMMENDATION: Adopt resolution approving the new Banner Policy, as recommended. DISCUSSION: Background: The use of banners and flags for advertising events and announcing special days, weeks, months, etc... has grown enormously during the past several years. Most of the banners displayed announce some kind of event which takes place in the downtown on public property, however, a few banners advertise the announcement of special days, weeks or months. A few events which take place "outside of the downtown area" have been allowed to hang a banner under the current policy (attached). These events are typically sponsored, co- sponsored and /or supported by the City. Some are sponsored by the County or non - profit organizations. (e.g. Poly Royal, SLO County HotLine Bowl -a -thon, SLO County Symphony, Arbor Day Celebration, etc...) Staff regularly reviews all of its administrative policies and in March /1993 set a goal to review and revise, if necessary, the banner policy. The existing policy is a component of the Public Works Policies and Procedures Manual; last revised in 1991. Due to the degree of sensitivity recently surfaced, staff feels it wise to now pursue a formal council policy. By advertising both "events" and "announcements" the banners have in essence become a public forum. Recently, some banners have received criticism because of the event advertised or the announcement of a day, week or month. The City's current and proposed banner policy is and remains "content neutral" and not prejudicial. It is staff's opinion that no banner has been permitted which includes language which was slanderous, vindictive, malicious, libelous or profane. Locations: There are 3 locations in the downtown where banners are displayed: Banner #1: Over Higuera St. at the Chorro St. intersection. Banner #2: At Mission Plaza facing Chorro St. at the Monterey St. intersection, to the left of the main entrance. mH��IIIIIIIIII�IIP °����IU city of San Luis OBISpo dia; COUNCIL AGENDA REPORT Banner Policy Meeting of January 4, 1994 Page Two Banner #3: At Mission Plaza facing Chorro St. at the Monterey St. intersection, over the main pedestrian entrance. The proposed policy revision is designed to assist staff with the issuance of. banner permits and provide clear Council approved guidelines to follow. The present policy does not provide any control as to the location of the banner and the location of the event. Staff feels that the policy should be changed to correlate the "types" of banners to appropriate specific locations. Staff feels this would minimize conflict between competing requests and reduce the amount of time devoted to permit issuance. Fees: The current permit fee is $ 120.00, except for BIA sponsored banners which are $ 60.00. Staff will process an amendment to Chapter 4.40 of the Municipal Code (Engineering Fee Schedule) during the next annual fee review to formalize and update the banner permit fee. This fee amount was established (informally) a few years ago based upon cost to staff and equipment to do the work. The installation and removal of the banners, though "paid for" by the sponsoring organization, takes City personnel and equipment away from their regular tasks and in the cumulative, subtract from the City's tree planting, trimming and maintenance programs. Many times a utility company hangs the banner as a public service, in which case the current policy is not to collect any fee. Proposed Revisions: The proposed policy makes the following key changes to the existing policy: 1. Banner #1 will be used exclusively for advertising events in the downtown; except events which occur at Mission Plaza (see #3 below) 2. Banner #2 will be dedicated to the announcing of special days, weeks or months. 3. Banner #3 will only be used for advertising events occurring at Mission Plaza. 4. Banners advertising events will be required to follow a defined format. Since a large portion of people reading the banners are also driving vehicles, it is important that the banner message be easily read and quickly understood. By 7"� Im�►1I11�1 {{11111I��nNU ►I����U city of San Luis OBlspo COUNCIL- AGENDA REPORT er Policy ing of January 4, 1994 Three implementing the standardized format proposed, drivers will be able to quickly assess the banner message and continue on without creating traffic delays. CONCURRENCES: The City Attorney, Community Development Director, Chamber of Commerce and Business Improvement Association concur with the recommended action. SCAL IMPACT: A revised policy with clearer policies, definitions and procedures is expected to save staff processing time. Formalization and annual updating of the fee schedule, will assure that staff costs are recovered. ALTERNATIVES: Option 1 - Adopt resolution amending the current policy (recommended). option 2 - Make no changes to the current policy. Option 3 - Discontinue the use of banners. Attachments: 1 - Draft resolution and draft Banner Policy 2 - Existing Banner Policy 3 - Banner location exhibit G: ... \POUCIES \BANNER. REP tw-3 Resolution No. (1994 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING THE POLICIES AND PROCEDURES FOR ISSUANCE OF BANNER PERMITS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Banner Policy attached hereto, marked "Exhibit A', which establishes formal policies and procedures for processing permits to install banners in the downtown area, is hereby approved. SECTION 2. The City Clerk shall furnish a copy of this resolution to the Public Works Director. On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this _ day of , 1994. MAYOR PEG PINARD ATTEST: C= CLERK APPROVED TO FORM: i - ice. 051 wo i��_. OF 7A i g: \... \Policies \Sanner.Aes // -y cXHlB /T A CITY of SAN LUIS OBISPO Banner Policy & Procedures DEFINITIONS Banner #1: A pennant which is installed across Higuera Street at the Chorro Street intersection. Banner #2: A pennant which is installed in Mission Plaza over the planter facing Monterey Street between the main pedestrian entrance and SLO Creek Banner #3: A pennant which is installed over the main pedestrian entrance (Monterey St) to Mission Plaza. Flag: A pennant hung vertically from a horizontal support attached to a City street light. Event: Any meeting, occurrence, display, exhibit, parade or show, that takes place in the downtown on public property, is open to the general public and for which the City has issued a permit specifically authorizing the use of said public property. Banners and flags require a Public Works Department 'Banner Permit" and are exempt from the Community Development Department Sign Regulations. The Development Review Section of the Engineering Division is responsible for the issuance of banner permits. PURPOSE & APPLICATION Banners are displayed as advertising to inform the general public of upcoming events, or, to announce special days, weeks or months. Flags are displayed only for advertising upcoming events, or, for decoration in the downtown (BIA downtown beautification flags). AFFECTED CITY DEPARTMENTS Public Works Department (Engineering Division, Parks & Streets Divisions) Finance Department PERTINENT REGULATIONS None. )/'S POLICY 1. Banners may be hung to advertise an event which takes place on public property within the limits of the downtown (Business Improvement Area). 2. Flags may only be displayed on designated street light poles in the downtown which are equipped with the necessary hardware (bracket). 3.. Banner Designations: Banner #1: Shall be used exclusively for the advertisement of events taking place in the downtown, except events occurring at Mission Plaza. Banner #2: Shall be used exclusively for making announcements of special days, weeks or months. Banner #3: Shall be used exclusively for advertising events which take piace at Mission Plaza. Exceptions: Should events be held in Mission Plaza simultaneously and Banner #3 is already in use, Banner #1 may also advertise an event in Mission Plaza. 4. The name of the event shall be printed in the largest and boldest type size. The location and date shall be printed in a type size smaller than that of the event. The name of the non - profit organization sponsoring the event may be displayed in a type size smaller than that of the date and location. Other messages or statements are strictly prohibited. Examples: An Old Fashioned Fourth of July July 4a' Mission Plaza City of San Luis Obispo Rib Cook -Off Thursday Night Farmers' Market Business Improvement Association SCOUT- A -RAMA Mission Plaza August le Boy Scouts of America Banner wording shall be approved by the City prior to issuance of a banner permit, to insure consistency with this policy. The approved wording shall be in the form as shown above and plainly stated on the banner permit. Existing banners which meet the intent but not exact form as shown above shall be allowed until replaced or changed. Deviation from the approved wording is cause for the City to either refuse to install, or to remove any banner. 5. Banners shall be installed for a period of time not exceeding two (2) calendar weeks. A single banner or multiple banners advertising the same event shall not be hung in consecutive time slots. 6. Banners and flags shall be installed and removed by the City's Parks & Streets Division, or, by a public utility company. 7. Banners shall be installed and removed on Tuesdays, NO EXCEPTIONS. 8. A minimum banner permit fee will be charged for each permit issued. If the City installs and removes the banner, an additional fee shall be charged which is representative of the City's estimated costs associated with the installation /removal of banners and flags. If a public utility company installs and removes the banner, only the minimum administrative fee shall be charged. If however, the public utility company fails to remove the banner on the scheduled date, the City may do so and collect one -half of the full banner fee from the permittee prior to release of the permittee's banner. 9. The Business Improvement Association (BIA) is partially sponsored by the City. Therefore, all fees charged to the BIA will be fifty (50) percent of the normal fee. All banners and flags installed for an event or non - profit organization which is financially co- sponsored by the City or BIA will be charged fifty (50) percent of the normal fee. Events which are solely City sponsored events will not be charged a fee. 10. A new banner schedule shall be established each year on January 2. All City departments and the BIA wishing to hang banners shall reserve the respective locations and times for the year between January 2 and January 15. After January 15, all other banners shall be reserved on a first come first served basis, including any additional banners requested by the City or the BIA. NO EXCEPTIONS. 11. Banner specifications: Support lines shall be 1/4 inch nylon rope top and bottom, double stitched across the full length of the banner. Each corner shall be quadruple stitched for 1 foot from each corner and across the support lines. Banners over 12 feet in length and 2 feet in width shall have wind relief cuts 1 foot on center (4 inches x 4 inches, horseshoe cuts). 9 -34-7 Banner #1 and Banner #3: 4ft wide x 24ft long (maximum), Support lines shall be 40 feet long with banner centered. Banner #2: 4ft wide x 16ft long (maximum) Support lines shall be 16 feet long with banner centered. 12. Flag Specifications: Flags shall be designed to be hung from the City's street light pole brackets. However, since flags typically vary greatly in size and shape, proposals shall be reviewed on a case by case basis regarding material, stitching, supports (hardware) and dimensions. PROCEDURE At the beginning of each calendar year, a schedule of City and BIA banners shall be established. All City departments and the BIA wishing to reserve a banner location and time shall do so, in writing by January 1, to the Development Review Section of the Engineering Division. Once all initial City and BIA banners are reserved, all other banner requests (including subsequent City and BIA banner requests) shall be reserved on a first come first served basis. NO EXCEPTIONS GRANTED. Upon receipt of a request to hang a banner or flag(s), the Engineering Division Development Review Section shall verify the banner proposed complies with City policy and specifications. If staff is uncertain whether a banner /flag complies with City policy, the matter shall be referred to the Public Works Director for review /approval. A Public Works Department "Banner Permit" shall be completed and issued and all appropriate fees collected before any banner is installed. Banner permit forms are located at the public counter at 955 Morro St. A Banner Permit File containing the current year banner schedule (calendar), banner specifications, a copy of this policy, and issued banner permits will also be found at this location. After a Banner Permit is completed, the original permit is routed to the City Arborist (Parks Division), a copy is given to the permittee, and one copy is filed in the Banner Permit File. At the end of each calendar year, the banner schedule (calendar) and issued permits are removed from the Banner Permit File and placed in an archive file in the Engineering Division Development Review Section. GA..TOLJ MEANNER.POL i r j CITY of SAN LUIS OBISPO EFFECTIVE DATE: DEFINITION EXIST /N6 poveY PUBLIC WORKS DEPARTMENT POLICIES & PROCEDURES 04/15/91 PROCEDURE NUMBER: 716 PAGE 1 of 3 SUBJECT: Banners & Flags A banner is a pennant which is hung across a public street or on public property, or, a flag that can be hung vertically from a horizontal pole attached to a City street light. Banners and flags require a Public Works Department "Banner Permit" and are exempt from requiring a sign permit from the Community Development Department. The Development Review Section of the Engineering Division is responsible for the issuance of banner permits. PURPOSE & APPLICATION Banners and flags are displayed to inform the general public of coming City events or special occasions throughout the City or privately sponsored events occurring within the downtown Business Improvement Area (the area bordered by Palm, Santa Rosa, Pacific, and Nipomo Streets). AFFECTED AGENCIES Public Works Department (Engineering Division, Parks Division) Finance Department PERTINENT REGULATIONS None. POLICY 1: It is the City's policy to allow banners and flags to be displayed at designated sites in the downtown area (banners: Higuera St. @ Chorro, Mission Plaza #1 and Mission Plaza #2; flags: on street light poles located in the downtown). or-9 2. Banners or flags must depict a City event, a privately sponsored event taking place in the downtown on public property (eg - in Mission Plaza, at Farmer's Market Night, etc...), or, may be displayed to announce special days or weeks (eg - Police Dept. Red Ribbon Week, National Fire Prevention Week, Arbor Day Celebration, Earth Week, etc...). 3. Banners and flags shall not contain any language which promotes or advertises a privately owned company, financial sponsor, or products for sale. 4. Banners and flags shall be installed and removed by the City's Parks Division, or, by approved companies such as P.G. &E. or Pacific Bell (Utility companies typically have equipment similar to the City and carry adequate liability insurance), or, by private contractor specifically approved by the City. 5. If the City performs the installation and removal, a fee will be charged for each banner and a fee of will be charged for each flag. The fees shall be representative of the City's estimated labor costs to install and remove banners and flags and shall be evaluated and adjusted annually on January 1, by the Parks Division Manager and approved by the Public Works Director. 6. Since the Business Improvement Association (B.I.A.) is partially sponsored by the City, all fees charged to the B.I.A. will be fifty (50) percent of the normal fee. All banners and flags installed for an event or non -profit organization which is co- sponsored by the City will be charged fifty (50) percent of the normal fee. All others will be charged the full fee. Events which are solely City sponsored events will not be charged a fee. PROCEDURE Upon receipt of a request to hang a banner or flag(s), The Development Review Section shall verify the type of banner proposed complies with City policy and specification. If staff is uncertain whether a banner /flag complies with City policy, the matter shall be referred to the Public Works Director for review /approval. A Public Works Department "Banner Permit" must be issued and all appropriate fees collected before any banner is installed. The Banner Permits are located at the public counter at 955 Morro St. A Banner Permit File containing a banner schedule (calendar), banner specifications, at copy of this policy, and issued banner permits will also be found at this location. After a Banner Permit is completed, the original permit is routed to the City Arborist (Parks Division), a copy is given to the permittee, and one copy is filed in the Banner Permit File. At the end of each year, the banner schedule (calendar) and issued permits are removed from the Banner Permit File and placed in a permanent file in the Development Review Section. .0/ -/O Special B.I.A. Procedure The B.IA shall submit a yearly schedule of banners and flags to be installed (in their name) by January 1 of each year. The B.I.A. will be assessed fifty (50) percent of the normal fee for all banners listed on the yearly schedule. The B.I.A.'s city account will be adjusted each December for the banners /flags installed during that year. The Engineering Division Development Review Section will (via a Budget Amendment Request form) inform the B.I.A. Administrator and Finance Department of the amount to be transferred from the B.I.A.'s account to the City's general fund. After the transfer of funds has taken place, the Finance Department transmits written verification to the Development Review Section. This is then added to the permanent banner file for the year. mb/net/pa +»e.wp - � I II tto�s �eu�i =.g I I JDh{IjSnf � 0V1(J7�J4 i l i �L°.oti'H I I I =� B�tuNER 1 i J�LiJI Q® view MOM HI/rue&A M15C)IO4 ri i�— 1nC41 FfCDM MOhIT�fCEi ,BA�/�t/ER l oc�TIoNS