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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)