Resolution 2013-08RESOLUTION NO. 2013-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ADOPTING THE POLICIES AND
REQUIREMENTS TO DISPLAY A COMMUNITY OVER -
THE- STREET BANNER OR A STREET LIGHT POLE-
MOUNTED VERTICAL BANNER
WHEREAS, the City of Gilroy acknowledges that non -profit events, celebrations,
and meetings that are open to the public, non - political, non - sectarian, community-
oriented, and non - commercial can have City-wide benefits in furthering the City's values
and promoting a sense of community; and
WHEREAS, the City Council has determined that the City's promotion of certain events
on banner signage in the Downtown area can further the City's values and boost the City's sense
of community; and
WHEREAS, the City Council has determined that the City's existing infrastructure
improvements fashioned for mounting banner signs, both the free- standing poles and brackets
mounted to existing street lights, are appropriate venues for the City to promote events that
further the City's values; and
WHEREAS, the City Council, in recognition of the importance of safety in the display of
the over - the - street banners, has included provisions in the "Policies and Requirements to Display
a Community Over - the - Street Banner" that specify the minimum text size that can be included
on over- the - street banners; and
WHEREAS, the City Council received and considered a staff report regarding the
"Policies and Requirements to Display a Community Over - the - Street Banner or a Street Light
Pole- Mounted Vertical Banner;" and
WHEREAS, the City Council, at its duly noticed regular meetings of January 7,
WHt1121960.1 -1- RESOLUTION NO. 2013 -08
111412- 04706089
2013 and April 1, 2013, took and considered oral and written public testimony related to
the "Policies and Requirements to Display a Community Over - the - Street Banner or a
Street Light Pole- Mounted Vertical Banner;"
WHEREAS, the City Council determined, as a result of that hearing, that the "Policies
and Requirements to Display a Community Over - the - Street Banner or a Street Light Pole -
Mounted Vertical Banner" are sufficient to protect the City's interests in its advertising of certain
events, are sufficient to promote public safety, and further the peace, health, safety, morals, and
welfare of the community; and
WHEREAS, this resolution is exempt from environmental review pursuant to Section
15303 of the State Guidelines implementing the California Environmental Quality Act of 1970,
as amended; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
1JH11121960.1
111412 - 04706099
A. The City Council adopts the Policies and Requirements to Display a
Community Over - the - Street Banner or Street Light Pole- Mounted Vertical
Banner attached hereunto as "Exhibit A"
2- RESOLUTION NO. 2013-08
PASSED AND ADOPTED on this 1" day of April, 2013 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE-
MUNOZ, TUCKER and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: WOODWARD
WH11121960.1
iHEIDE1YYIONIM
APPROVED:
Donald Gage, May
3- RESOLUTION NO. 2013-08
Policies and Requirements to Display a Community Event
Over - the - Street Banner or
Street Light Pole- Mounted Vertical Banner
Purpose
& Intent
The following policies and requirements are established to guide the City's
display of a Community Event Over - the - Street Banner or a street light pole -
mounted vertical banner with the use of designated public facilities. The
policies and requirements set forth herein are intended to protect public
interest and provide for public safety while allowing the City to promote its
views through the display of a banner within the public right -of -way that
announces and promotes public, community- oriented, non - political, non-
commercial, and non - sectarian events, celebrations, or meetings, as such
events can foster a sense of community, unite the community, and promote
public well - being.
A Community Event Over -the- Street Banner will be hung across the
Monterey Street right -of -way by using the City-owned poles located mid
block between Fourth & Fifth and between Fifth & Sixth Streets. Various
Location
City-owned street light poles throughout Downtown Gilroy are equipped
with two horizontal bars that accommodate display of a vertical banner
sign. Banners shall not be displayed in any other location in the public right
of way, unless specifically authorized by the Director of Public Works.
In addition to the City announcing events that the City sponsors, a Gilroy
based non - profit organization with a 501(c) status, may suggest that the
City promote and display a Community Event Over - the - Street Banner or
street light pole - mounted vertical banner to announce and promote a public,
community- oriented, non - political, non - commercial, and non - sectarian
event, celebration or meeting that will be held on public property, and for
which the City will issue, prior to display of any banner, a permit
specifically authorizing the use of said public property. A "Gilroy based
non- profit" is any tax- exempt organization with offices in Gilroy or proof of
Banner Usage &
substantial work or activities conducted in Gilroy.
Review Criteria
The Director of Public Works will maintain a list of events that the City will
announce and promote on the City's over - the - street banners. The list of
events includes a schedule outlining when the City will promote each event.
The City Administrator or Director of Public Works may add new City-
sponsored events to the list of events that the City will promote. The City
Administrator or his/her designee may, at their sole discretion, choose to
add non -profit sponsored events to the list of events that the City will
promote upon determining that the event furthers the intent of this Policy.
In accordance with Council direction and pursuant to the City's public /non-
profit partnership, the City will promote Gilroy Gardens' events through
Adopted 4/1/2013
Page 1
government speech forum.
To be added to the list of events that the City will promote with the
downtown over - the - street banners, a non -profit organization must submit a
written proposal to the Director of Public Works. The written proposal
shall contain information sufficient to verify the status of the non -profit as a
Gilroy -based 501(c) organization, the name of the event, a complete
description of the event, the date of the event, the proposed dates to display
the banner signage, and any information to explain how the event meets the
intent of this Policy. Additionally, the proposal shall include the suggested
text for the banner's message, letter heights /widths /spacing for the proposed
banner message, and any other information requested by the Public Works
Director to confirm that the proposed sign design is consistent with the
specifications of this Policy. The Director of Public Works shall have full
discretion in determining the exact language of banner signs. The written
proposal shall be made on the form provided herein and should be made at
least three (3) months in advance of the event date.
The City Administrator, or his/her designee, shall determine if the event
meets the intent of this Policy and warrants government promotion, he or
she shall add it to the list and schedule of events that the City promotes. If
the City Administrator, or his/her designee, determines that the event does
not meet the intent of the Policy, the City Administrator maintains
discretion to deny a request for government- sponsored promotion of the
event through the downtown over - the - street banners or street light pole -
mounted vertical banners.
If an event is already included on the list of events that the City will
promote, prior to a sign's fabrication, the banner design shall be presented
to the Public Works Department for review. The proposal shall be made on
the form provided herein and shall be accompanied by the specific text for
the banner's message, letter heights /widths /spacing for the proposed banner
message, and any other information requested by the Public Works Director
to confirm that the proposed sign design is consistent with the specifications
of this Policy.
As the over - the -street banners are government speech, the presence of an
event on the Public Works Director's list of events for the City to promote
does not guarantee that said event will be promoted by the City. The City
Administrator and his /her designees maintain full and complete discretion
to promote alternative events in lieu of events noted on the list, to promote
no event at all, to increase /decrease the display time of a banner, or to
remove an event from the list of events that the City will promote.
The street light pole - mounted vertical banners may contain generic
messages or branding, such as "Downtown Gilroy" or "Gilroy, a
Community with a Spice for Life." Such generic speech would not need to
be proposed or manufactured by a qualified Gilroy -based non - profit.
Alternatively, the street light pole - mounted vertical banners may announce
a specific event, meeting, or celebration, in which case it is subject to the
Adopted 4/1/2013 Page 2
Adopted 4/1/2013 Page 3
same event authorization process specified for over - the - street banners. The
City may choose to display street light pole - mounted vertical banners for a
longer or shorter time frame than the over - the - street banners.
The Director of Public Works maintains complete editorial authority in the
assessment of whether a banner sign conforms to any and all aspects of this
policy, and he or she may modify proposed banner language.
Typically, the City will not fabricate or fund fabrications of banner signs. If
the City Administrator or his/her designee chooses to include a Gilroy -
based non - profit's event on the list of events the City will promote and
determines that a banner sign's design is consistent with the provisions of
this Policy, it shall be the responsibility of the non -profit to fabricate a
banner sign according to the size and design specifications reviewed by the
Director of Public Works and as set forth in this Policy. The non -profit
shall deliver the banner to the Public Works Department at least five
Banner Fabrication
working days in advance of its scheduled display time. Upon delivery to
the City, the banner shall become property of the City.
Procedure
After the display period of the banner is completed, the City shall dispose of
the banner ten working days following its removal from its display. Should
a non -profit wish to do so, the City will give a banner sign to the non -profit
whose event the City was advertising, provided that they pick up the sign
before it is discarded ten working days following its removal from the
public right of way.
None of the aforementioned criteria shall prevent the City from exercising
its discretion to design, fund, manufacture, store, or install banner signs.
To be included in the installation schedule, the City of Gilroy Public Works
Department will review, modify (at their discretion), and approve all
messages to ensure consistency with the intent of this policy. For safety
reasons, the over - the - street banner message must be easy to understand. The
Message
majority of the over - the - street banner should utilize a single line of text.
Ancillary over -the- street banner message sections should be no more than 2
lines with letters no less than 15 inches tall. The message is subject to
Public Works' review, modification, and approval, with the intent to ensure
consistency with the purpose of this policy and to provide a message that
has recognition and read time of no more than two seconds.
Fee for Review of
For a period of one year from the original effective date of this Policy, the
City Council waives any associated review and processing fees. During the
Request for City to
one -year period after the effective date of this Policy, staff will return to
Display Signage
Council with an accounting of the time and costs associated with the review
and processing of requests for the City to install banner signage.
Adopted 4/1/2013 Page 3
Approval of Sign
The Public Works Department should approve any sign design at least 30
days in advance of the suggested period to display the banner. However, no
Design
design approvals may be issued prior to one year in advance of the date of
the special event.
The City shall promote a non - profit organization's event for two weeks.
Display Time
The Public Works Department may approve a longer time period at the
Public Works Director's sole discretion.
All banners shall be installed and removed by the Public Works
Department. The applicant shall be responsible for delivering the banner to
the Public Works Department at City Hall at least five days prior to its date
of display. Failure to deliver the banner within 5 days may delay the
Installation &
schedule for hanging the banner.
Removal
The Public Works Director, at the Director's sole discretion, may allow for
properly insured, non -City entities to install and remove the street light
pole- mounted vertical banner signs, but only after approval of said signs'
design and materials consistent with other provisions in this Policy.
A non -profit shall have five days to correct a banner which has been
submitted for display that is in violation of the banner specifications, when
Enforcement of
notified by the Director of Public Works. Failure to comply with the five -
Terms
day period may result in the City not displaying the banner. If a non -profit
to, within five days of notice, fails to collect a banner that has been deemed
to violate any provision of this Policy, said banner will be disposed of by
the Public Works Department.
Transferability
The terms of authorization for banners are not transferable.
Liability
The City of Gilroy will not be responsible for damage to the banner during
installation, removal, or while it is hanging.
Adopted 4/1/2013 Page 4
For all banner signs delivered to the Public Works Department by a non - profit, the
Public Works Department shall inspect the condition of each banner signs prior to
its display. No sign shall be torn, frayed, stained, worn, or sun damaged, subject to
the Public Works Director's discretion.
Color combinations suggested by a non -profit will be subject to review by the
Public Works Department and shall be presented to the Director of Public Works
as part of the sign design review. Certain red and yellow colors are discouraged,
as they could appear overly distracting to motorists. Any banner sign proposed by
a non -profit shall be designed in such a way as to be non - mesmerizing, non-
scintillating, and non - reflective.
An over - the - street banner must be two sided, 3 feet in height, and no more than 40
feet in length, with wind able to pass through approximately 10 percent of the
banner. The over - the - street banner must be designed in accordance with the banner
specifications as described below. The copy on the over -the- street banner shall be
simple, avoid complicated detail, and be limited to the nature of the special event
or promotion.
A street light pole- mounted vertical banner must be two sided and measure
51.5 inches long by 24 inches wide. The sign must be designed in accordance with
the banner specifications as described below.
The over -the- street and street light pole - mounted vertical banners shall be 16 -oz.
Banner double- sided, block -out light canvas or synthetic material that can withstand strong
Specifications winds.
See the attached Monterey Street Banner Detail diagram to understand the
following over - the - street banner specifications:
• A '/4 inch synthetic rope will be sewn in the top and bottom of the banner.
The rope will be a total length of 60 feet for ease of installation with the
banner centered in the middle.
• I -inch diameter #4 steel grommets, placed as per detail A, spaced at
approximately 2 -foot intervals, shall be placed at the top of the banner, and
one grommet in each lower corner of the banner. The lower corners of the
banner should be reinforced so the grommets do not pull out.
• 18 -inch diameter air slots will be spaced approximately 4 feet apart,
located at the centerline of the banner.
Street light pole - mounted vertical banner signs shall meet the following
specifications:
• Banner shall meet the size specifications noted above in the Size & Design
section of this Policy.
• At the bottom and top of the banner, a vinyl loop shall be sewn into the
Adopted 4/1/2013 Page 5
sign such that the loop can slide over a 2 -inch diameter pole with
approximately 1/8 inch to '/< inch additional diameter to allow for
installation. Loop stitching on each end shall be triple overlap with double
stitching.
• 3/a inch diameter #3 metal grommets shall be placed on one (same) side of
the banner at the top and bottom stitching above the vinyl loops. The
banner should be reinforced so the grommets do not pull out.
Adopted 4/1/2013 Page 6
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2013 -08 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the l' day of April, 2013, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 3rd day of April, 2013.
S�&wna Freels, MNK'
City Clerk of the City of Gilroy
(Seal)