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HomeMy WebLinkAboutAGENDA REPORT 2021 0217 CCSA REG ITEM 10FCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of February 17, 2021 ACTION Approved Staff Recommendation. BY B.Garza. F. Consider Revisions to Policy for Display of Banners on City-owned Streetlight Poles within the City of Moorpark. Staff Recommendation: Approve revisions to City Council Policies Resolution as detailed in the staff report and direct the City Clerk to incorporate the revisions into the next City Council Policies update. (Staff: Jessica Sandifer) Item: 10.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jessica Sandifer, Community Services Manager DATE: 02/17/2021 Regular Meeting SUBJECT: Consider Revisions to Policy for Display of Banners on City-owned Streetlight Poles within the City of Moorpark BACKGROUND On November 17, 2010, the City Council approved an agreement between the City of Moorpark and the American Legion Post 502 (Legion) to allow banners to be installed on City streetlight poles for the Legion’s Military Banner program. The Agreement originally had a four-year term and on September 17, 2014, the City Council approved an Amendment extending the agreement an additional four years to July 31, 2019. Under the initial Agreement the City contributed $4,000 to the program and waived all costs associated with installation of the banners. The City contributions included payment to the City’s tree contractor to install the banners on the streetlight poles. When the Agreement was extended, the Legion was required to provide, mount and install the banners, as well as maintain, remove and cover all expenses associated with the banner program. In 2019, the Kiwanis Club of Moorpark Foundation (Kiwanis) approached the Legion and the City with a proposal to take over the administration of the Military Banner program. Staff met with representatives of Kiwanis and the Legion and both parties were supportive of Kiwanis managing the program for the Legion. To facilitate Kiwanis’ management of the program, an agreement with Kiwanis for display of banners on streetlight poles within the City of Moorpark was prepared and approved by the City Council in November 2019. DISCUSSION While Kiwanis was preparing to launch the program, the City Attorney’s office opined that it is necessary to amend the Streetlight Banner Display policy to allow the military banners to be displayed in accordance with the Banner Program Agreement. Currently, City Council Policy 7.7, Engineering and Grading Policies and Standards, #12 outlines the City’s Streetlight Banner program. The policy was drafted prior to the City taking ownership of the streetlight poles and references Southern California Edison (SCE). The policy also only allows banners to be posted on streetlight poles for City co-sponsored events and only allows the banners to hang for 60 days. As it is the intent Item: 10.F. 64 Honorable City Council 02/17/2021 Regular Meeting Page 2 of the Military Banner program to allow banners to hang for up to three years, the policy will need to be revised to allow for Banner Programs, which would be distinguished from Banners for events, to hang for longer time periods. Staff is also proposing some minor clean up changes in the policy for banners allowed to be hung for events, such as capping the number of banners per event to ten (10) with the location of the event banners to be approved by the City, and adding the requirement that a Cooperative Services agreement be approved for City co-sponsored events prior to banner placement. In addition, now that the City owns the streetlight poles, staff is adding a section that addresses displaying event banners on the poles along High Street. Banners hung on the High Street poles, are being limited to those events that are held on High Street. The limit on the number of banners is expanded so that banners can be hung on all 45 of the decorative streetlight poles, rather than being limited to 10 banners. Due to the shorter height of the poles on High Street, there are specific design measures for these banners to ensure that they won’t interfere with pedestrian or roadway traffic. The City Engineer is required to approve the banners to ensure the proper heights are being met. Sponsorship banners, as outlined in the policy, are allowed on High Street but are limited to six banners. The Program Banner policy will be similar to banners displayed for events, in that they would have to be co-sponsored by the City as evidenced by a Program Banner agreement. The Program Banners would allow for a longer duration of hanging banners up to a maximum of three years. The policy will also allow for the hanging of “support” banners. Support banners will contain the logos of the City of Moorpark, and other non-profit service clubs or groups that have contributed to the specific program banners. The support banners will not allow businesses or products to be advertised, and are only intended to recognize the City and non-profits that have provided assistance to the program. The policy also exempts Program Banners from being displayed on the streetlights on High Street, which will be reserved for event banners only. Staff is also recommending removing the program from Policy 7.7, Engineering and Grading Policies and Standards, and renumbering the banner policy to be contained within its own policy, 7.9 Display of banners on City-owned Streetlight Poles. It is important to note that this policy will only apply to City-owned streetlight poles. There are still a handful of SCE owned poles in Moorpark, but we will no longer be utilizing any SCE poles for banner displays. FISCAL IMPACT There will be no direct fiscal impact as a result of approving these Policy Revisions. The banner program agreements will require the responsible service clubs to reimburse the City for costs related to installation and removal of any banners or the service clubs may choose to be directly billed by the installation contractor. However, the City may incur some indirect costs related to staff time and use of City equipment to provide as- needed emergency services if a banner should need to be removed before it is due to be removed. 65 Honorable City Council 02/17/2021 Regular Meeting Page 3 COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Approve revisions to City Council Policies Resolution as detailed in the staff report and direct the City Clerk to incorporate the revisions into the next City Council Policies update. Attachment 1: Policy Revisions –Redline Version Attachment 2: Policy Revisions – Clean Version 66 ATTACHMENT 1 Policy 7.7: Engineering and Grading Policies and Standards 12. Policy 7.9: Placement of banners on street light poles: This policy shall govern the placement of vertical banners on street light poles owned by Southern California Edison during the City of Moorpark for City- sponsored or City Co-sponsored community events such as Country Days, Independence Day Celebrations or similar events with a maximum of two events per year with no overlap permitted. Requests to place banners will be considered only for 60-day time periods prior to and during said City Sponsored or and City Co-sponsored eventsprograms. . Requests for banners for either events or programs will be considered only from Moorpark based, non-profit groups recognized aslawfully incorporated or operating religious, educational, civic or cultural. organizations. Such requests will be considered pursuant to the following criteria: A. Banners for City-sponsored or co-sponsored Community Events (Event Banners): 1) For purposes of this Policy, the term “Event Banner” shall mean a banner providing information about an upcoming City-sponsored or co-sponsored event that is scheduled to occur on a specific date or series of dates and is of a limited duration of less than one week. 2) A standard Cooperative Services Agreement shall be approved for City co-sponsored events prior to approval of banner placement. All requests must be received 60 days in advance of the proposed date for placement of banners. 3) Event Banners may be in place no longer than 60 days prior to and during the event. 4) Only one organization at a time shall have Event Banners in place on City light poles for any period of time. Organizations may have a maximum of ten banners per event, with location of the banners to be approved by City 5) Event Banners requested from the same organization will be limited to a maximum of two events per year with no overlap permitted. 6) Event Banners may contain only the following: a) Logo or identification of the event to be promoted. 67 b) One reference to the sponsoring family or entity on each side of the banner. c) If an individual or family is the sponsor only the family name may appear on the banner. d) Sponsorship of a banner is restricted by the following: 1 Banners may be sponsored only by City of Moorpark businesses/organizations and residents. 2 Banners are not to display product symbols, product names, phone numbers or addresses. 3 Banners are not to include name-brand advertising. 4 Banners are not to include any political statements or sponsorship (i.e., no elected officials or officials appointed to an elected office, official candidates, candidate/ballot measure committees, etc.). 7) Requests for the placement of such banners must be accompanied by a sample or rendering of the proposed banner and indicate the size and shape. A sample of the material and colors of the proposed banners must be submitted at the time of application. and8) High Street Streetlight Pole Banners – City-sponsored or co- sponsored Events to be held on High Street. Event Banners on High Street for city-sponsored or co-sponsored events to be held on High Street may be hung on the streetlight poles on High Street subject to the City's License Agreement requirements of Section A and the following additional requirements: a) Banner designs are to be approved by the City and be designed such that they hang 12’ feet over roadways and 7’ feet over walkways. Banners shall be approved by the City Engineer. b) The maximum number of banners noted in Section A.4 is suspended for High Street streetlight poles, and all poles on High Street between Moorpark Avenue and Spring Road may be used to display banners. 68 c) There are a maximum of six sponsor banners allowed on High Street. Sponsor banners must comply with Southern California Edison.Section A.6.(d). d) Banners may be hung for 30-days and must be removed one-week after the conclusion of the event. B. Banners for City-sponsored or co-sponsored Programs (Program Banners): 1) For purposes of this Policy, the term “Program Banner” shall mean a banner providing information about an activity, person or organization, and which does not relate to fixed date or duration for an event. 2) Requests for Program banners must be received 120 days in advance of the proposed start of the program. 3) Program Banners should only be for recognition of Moorpark residents or non-profit organizations. 4) City Council approval of the program co-sponsorship is required in addition to the approval and execution of a Program Agreement, which outlines the streetlight pole locations available for the program and other program parameters, including banner design. 5) Program Banners may be in place for up to three years. 6) Sponsorship of Program Banners are allowed with the following restrictions: a) Banners may be sponsored only by City of Moorpark non- profit organizations and residents. b) Banners are not to display product symbols, product names, phone numbers or addresses. c) Banners are not to include advertising. d) Banners are not to include any political statements or sponsorship (i.e., no elected officials or officials appointed to an elected office, official candidates, candidate/ballot measure committees, etc.). A.C. General Requirements for Banners: 69 1) One million dollars comprehensive general commercial liability insurance coverage must be provided by the applicant organization, with such insurance subject to approval by the City Risk Manager. B.2) Applicant organizations are required to execute a defense, indemnity and hold harmless agreement with the City on a form prescribed by the City. The Cooperative Services or Banner Program Agreement shall, at a minimum, contain language required by this Policy. C.3) Applicant organizations are responsible for all labor (including installation, maintenance, and removal) of the banners and attaching hardware, as well as any claims arising out of their use. Applicants may request for City to place the banners with applicants required to reimburse the City for the cost to install the banners. D.4) Applicant organization must obtain an encroachment permit and sign permitapproval of the banner design from the City. E. All requests must be received 60 days in advance of the proposed date City Council approval is required to waive fees for placement of bannerspermits. F. 5) Decorative streetlight poles on High Street are reserved for Event Banners may be in place no longer than 60 days. Only one organization shall have banners in place for any such period.. G. Banners may contain only , and subject to the following: 1) Logo or identificationrequirements of the event to be promoted.Section A.8.. 2) One sponsorship on each side of the banner. 3) If an individual or family is the sponsor only the family name may appear on the 6) All banner. 4) Sponsorship of a banner is restricted by the following: a) Banners may be sponsored only by City of Moorpark businesses/organizations and residents. b) Banners are not to display product symbols, product names, phone numbers or addresses. c) Banners are not to include name-brand advertising. 70 H. Requests for the placement of such banners must be accompanied by a sample or rendering of the proposed banner and indicate the size and shape. A sample of the material and colors of the proposed banners must be submitted at the time ofI. All requests will be administered by the City Manager or his/her designee whose decision will . Decisions to approve or disapprove Event or Program Banners shall be final. when made by the City Manager or his or her designee. 71 ATTACHMENT 2 Policy 7.9 Placement of banners on street light poles: This policy shall govern the placement of vertical banners on street light poles owned by the City of Moorpark for City-sponsored or City Co-sponsored community events and City Co-sponsored programs. Requests for banners for either events or programs will be considered only from Moorpark based, non- profit groups lawfully incorporated or operating religious, educational, civic or cultural organizations. Such requests will be considered pursuant to the following criteria: A. Banners for City-sponsored or co-sponsored Community Events (Event Banners): 1) For purposes of this Policy, the term “Event Banner” shall mean a banner providing information about an upcoming City-sponsored or co-sponsored event that is scheduled to occur on a specific date or series of dates and is of a limited duration of less than one week. 2) A standard Cooperative Services Agreement shall be approved for City co-sponsored evets prior to approval of banner placement. All requests must be received 60 days in advance of the proposed date for placement of banners. 3) Event Banners may be in place no longer than 60 days prior to and during the event. 4) Only one organization at a time shall have Event Banners in place on City light poles for any period of time. Organizations may have a maximum of ten banners per event, with location of the banners to be approved by City 5) Event Banners requested from the same organization will be limited to a maximum of two events per year with no overlap permitted. 6) Event Banners may contain only the following: a) Logo or identification of the event to be promoted. b) One reference to the sponsoring family or entity on each side of the banner. c) If an individual or family is the sponsor only the family name may appear on the banner. d) Sponsorship of a banner is restricted by the following: 72 1 Banners may be sponsored only by City of Moorpark businesses/organizations and residents. 2 Banners are not to display product symbols, product names, phone numbers or addresses. 3 Banners are not to include name-brand advertising. 4 Banners are not to include any political statements or sponsorship (i.e., no elected officials or officials appointed to an elected office, official candidates, candidate/ballot measure committees, etc.). 7) Requests for the placement of such banners must be accompanied by a sample or rendering of the proposed banner and indicate the size and shape. A sample of the material and colors of the proposed banners must be submitted at the time of application. 8) High Street Streetlight Pole Banners – City-sponsored or co- sponsored Events to be held on High Street. Event Banners on High Street for city-sponsored or co-sponsored events to be held on High Street may be hung on the streetlight poles on High Street subject to requirements of Section A and the following additional requirements: a) Banner designs are to be approved by the City and be designed such that they hang 12’feet over roadways and 7’ feet over walkways. Banners shall be approved by the City Engineer. b) The maximum number of banners noted in Section A.4 is suspended for High Street streetlight poles, and all poles on High Street between Moorpark Avenue and Spring Road may be used to display banners. c) There are a maximum of six sponsor banners allowed on High Street. Sponsor banners must comply with Section A.6.(d). d) Banners may be hung for 30-days and must be removed one-week after the conclusion of the event. 73 B. Banners for City-sponsored or co-sponsored Programs (Program Banners): 1) For purposes of this Policy, the term “Program Banner” shall mean a banner providing information about an activity, person or organization, and which does not relate to fixed date or duration for an event. 2) Requests for Program banners must be received 120 days in advance of the proposed start of the program. 3) Program Banners should only be for recognition of Moorpark residents or non-profit organizations. 4) City Council approval of the program co-sponsorship is required in addition to the approval and execution of a Program Agreement, which outlines the streetlight pole locations available for the program and other program parameters, including banner design. 5) Program Banners may be in place for up to three years. 6) Sponsorship of Program Banners are allowed with the following restrictions: a) Banners may be sponsored only by City of Moorpark non- profit organizations and residents. b) Banners are not to display product symbols, product names, phone numbers or addresses. c) Banners are not to include advertising. d) Banners are not to include any political statements or sponsorship (i.e., no elected officials or officials appointed to an elected office, official candidates, candidate/ballot measure committees, etc.). C. General Requirements for Banners: 1) One million dollars comprehensive general commercial liability insurance coverage must be provided by the applicant organization, with such insurance subject to approval by the City Risk Manager. 2) Applicant organizations are required to execute a defense, indemnity and hold harmless agreement with the City on a form 74 prescribed by the City. The Cooperative Services or Banner Program Agreement shall, at a minimum, contain language required by this Policy. 3) Applicant organizations are responsible for all labor (including installation, maintenance, and removal) of the banners and attaching hardware, as well as any claims arising out of their use. Applicants may request for City to place the banners with applicants required to reimburse the City for the cost to install the banners. 4) Applicant organization must obtain an encroachment permit and approval of the banner design from the City. City Council approval is required to waive fees for permits. 5) Decorative streetlight poles on High Street are reserved for Event Banners only, and subject to the requirements of Section A.8. 6) All banner requests will be administered by the City Manager or his/her designee. Decisions to approve or disapprove Event or Program Banners shall be final when made by the City Manager or his or her designee. 75