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Home My WebLink AboutItem 2d: Request from Pasadena Symphony and Pops to Place Street Light Banners on Baldwin Avenue to Promote Concert Series U � pr WS t 199ryurn9a .. Ao{ut 3,`1997 C°\ ll•/`� Wili m°°itY°fIt° STAFF REPORT Development Services Department DATE: March 6, 2012 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director SUBJECT: CONSIDERATION OF A REQUEST FROM PASADENA SYMPHONY AND POPS TO PLACE STREETLIGHT BANNERS ALONG BALDWIN AVENUE TO PROMOTE THE SUMMER CONCERT SERIES AT THE ARBORETUM Recommendation: Provide direction SUMMARY Pasadena Symphony and POPS (Pasadena POPS) has requested permission to install temporary banners on City street light poles along Baldwin Avenue to promote their Summer Concert Series at the Arboretum. The Municipal Code provides that signs/banners that involve or commemorate a singular event of a nature that merits special consideration because of its unique character, public interest or other similar factors, may be placed on utility poles on a conditional and limited basis. Staff and the Council have traditionally been strict in what is determined to be a "singular event". As a result, Staff denied the request and Pasadena POPS has appealed this decision to the Council. BACKGROUND The City Council adopted Ordinance No. 2087 in May of 1998 to establish regulations pertaining to the placement of banners and signs on utility poles in the right-of-way by outside organizations. The ordinance codified in Section 4912.6.1 states: 'The City may exercise its discretion to consider allowance, on a conditional and limited basis, of signs and banners that involve or commemorate a singular event of a nature that merits special consideration because of its unique character, public interest or other similar factors. Commercial considerations alone will not suffice to meet this criteria." This Ordinance also shifted the responsibility of approving banners from the City Council to the City Manager or designee. Prior to this date, the Council held this responsibility. It should be noted that while the Code indicates that banners should commemorate a singular event, it does not define the duration for that event or provide any other description. In September of 2000 the City Council again discussed this program as a result of an increase in the number of requests from outside organizations for use of utility poles for the placement of banners. Besides some conflicts in requested dates, staff identified other issues for Council discussion and direction, including advertising, approval of both non-profit and for-profit organizations and promotion of a singular event. The City Council determined that both non-profit and for-profit organizations could qualify, albeit for-profit groups would have a more difficult time meeting the criteria. Banners that have been approved in the past have included the Santa Anita Park regular racing season, the grand opening of the Westfield expansion in October 2004, special events at the County Arboretum, The Sycamores anniversary, the Greek Festival, the L.A. County Fair and the World Cup Soccer competition. Most of the events are of a non-profit nature, though the Code does not preclude for-profit banners providing the purpose of the banner is not solely for commercial purposes only. The City Council in the past specifically addressed the Santa Anita Racetrack banners and determined that the meet, which lasts approximately four(4) months, meets the criteria in the Code and, therefore, they have been permitted to install banners for this approximate time. However, banners for outside organizations have typically only been allowed when the event is regionally significant and of a non-commercial nature. Requests for banners on utility poles are processed administratively, based on the guidelines in the Code and subsequent direction by the City Council. The Council has directed that all utility pole banners that are approved by staff be forwarded to the City Council, and any individual member of the Council has five (5) working days from receipt of the information from staff, to appeal to the entire Council the staff decision to approve the request (Exhibit 1 — Banner Policy). To date there have been no appeals of the staff approvals. The policy, however, is silent on the process of appeal in the event of a staff denial. It seems clear that the appropriate course of action is for an applicant who has a request denied have the ability to appeal this decision to the Council. In this case, the staff did deny the request from Pasadena POPS, and they have requested Council consideration (Exhibit 2). DISCUSSION The request from Pasadena POPS is to place banners on eight (8) City light pole standards along Baldwin Avenue from Foothill Boulevard to Huntington Boulevard. The application and artwork for the banners is attached as Exhibit 3. The banners promote the Summer Concert Series and the Principal Conductor Marvin Hamlisch. The request is to have the banners up from June 1 through September 1, 2012. In terms of meeting the criteria, the banners are promotional but they would not be POPS Banner Request March 6, 2012 Page 2 of 3 placed for commercial considerations alone. These banners would call attention to a unique and specific community event that is beneficial to the City. The primary reason that Staff has been conservative with the approval of banners is the precedent set by allowing certain requests to be considered "singular events". This is a difficult threshold to set and the staff has taken its cue from the Council to ensure that not every weekend event or celebration qualifies as "singular'. This conservative stance has also been taken to avoid competition between various events and to limit the amount of right-of- way advertisement and promotion. In this case, it is important to note that the California Philharmonic (Cal Phil) also approached the City (in August of 2011) to request banner placement for essentially the same time period. The Cal Phil has its own Summer Concert Series planned this summer to be held at Santa Anita Park. Staff informed Cal Phil, through representatives at Santa Anita Park, that their event would not qualify and Cal Phil chose not to appeal this decision. Therefore, this is an important consideration in the review of Pasadena POPS' application to consider the fairness of allowing one concert series to utilize this method of promotion but not another. In Staff's opinion, both concert series' are important regional events that bring great visibility to the City of Arcadia and the Arboretum and Racetrack specifically. That being said, a policy decision from the Council will be helpful for the staff in determining the types of events that should qualify for banner placement and if these concert series' reach that threshold. This request from POPS to place banners along Baldwin Avenue for a three month period during the summer does not conflict with the racetrack's banner placement or the upcoming Breeders' Cup Event. FISCAL IMPACT There is no financial impact on the City, as the sponsoring organization pays for the installation and removal of the banners by a private vendor and the City is indemnified against any claims due to the placement of the banners. The banner permit fee is $110. RECOMMENDATION Provide direction. Approved: ,- Donald Penman, City Manager Exhibit 1: City's banner policy and procedures Exhibit 2: Letter from Pasadena Symphony and POPS requesting consideration Exhibit 3: Banner request and proposed artwork of banners POPS Banner Request March 6, 2012 Page 3 of 3 EXHIBIT 1 CITY OF ARCADIA DEVELOPMENT SERVICES DEPARTMENT/ENGINEERING DIVISION Procedures for Banner Display Under the authority of Ordinance #2087 adopted 5/5/98, the City Manager or his designee may, on behalf of the City Council, exercise discretion to consider allowance, on a conditional and limited basis, of signs and banners that involve or commemorate a singular event of a nature that merits special consideration because of its unique character, public interest, or other similar factors. Commercial considerations alone will not suffice to meet these criteria. Banners for events outside the City of Arcadia will only be allowed where the event is regionally significant and of a non-commercial nature. Banner poles may be reserved on a first come first served basis. Banners may not be installed more than thirty (30) days in advance of the event and must be removed immediately following the completion of the event. To install banners on streetlight poles within the City of Arcadia, the applicant shall submit the following: 1. A letter requesting banner display addressed to: Jason Kruckeberg, Assistant City Manager/Development Services Director City of Arcadia Development Services Department 240 West Huntington Drive Arcadia, CA 91007 The letter shall include: a) The occasion for which the banner(s) will be displayed. b) The name, telephone and fax number of the applicant. c) The name, address, telephone and fax number of the company who will install and remove the banner(s). d) Sample of banner artwork (7 color copies). e) Installation and removal dates of the banner(s). 2. Insurance Certificate(s) per Encroachment Permit requirements. General Liability Insurance MUST include an Additional Insured Endorsement Page naming the City of Arcadia, its directors, officials, officers, employees, agents and volunteers covered as additional insured. General Liability Insurance is required of both the applicant and the banner installation company. 3. Completed and signed Encroachment and Use of Public Property Permit. 4. Location map showing streetlight poles to be used for banner display. (NOTE: If the streetlight poles are Edison owned, Engineering staff will inform the applicant and it shall be the applicant's responsibility to contact the Edison Company at (626) 303-8429 and obtain authorization to install banners on their streetlight poles. The applicant must forward to the City's Development Services Department a copy of the Edison Company's authorization.) City Staff must approve banners on Edison poles based on the procedures stated therein. 5. A check in the amount of $110.00 (permit fee) payable to the "City of Arcadia". Completed application packet shall be reviewed by Staff and submitted to the City Council. The City Council will have five (5) days to appeal the approval to the City Manager. After five (5) days, an approval letter with conditions shall then be sent to the applicant. -2- EXHIBIT 2 alA.hRAI SYMPHONY AND pops 117 E Colorado Boulevard Suite 200 Pasadena CA 91105 February 16, 2012 Jason Kruckeberg Assistant City Manager/Development Services Director City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Dear Mr. Kruckeberg, We respectfully request the City Council of Arcadia consider reviewing the current policy on the use of pole banners on streetlights in Arcadia. We understand that the current criteria states that banners must "...involve or commemorate a singular event of a nature that merits special consideration because of its unique character, public interest, or other similar factors". The Pasadena POPS with its Principal Conductor, the award-winning Marvin Hamlisch, will be celebrating its inaugural season at the Los Angeles County Arboretum from June — September 2012 and have requested the installation of pole banners along Baldwin Avenue announcing this new residency. We believe that Mr. Hamlisch's international stature and the unique celebratory nature of this season qualify under the guidelines mentioned above for banners to be installed. Additionally, we also request the Council consider a more lenient banner policy moving forward and ask the Coucil to consider adding this topic for discussion on its next available agenda. Thank you for your consideration. We look forward to hearing from you soon. Most Sincerely, Paul Jan Zdunek Chief Executive Officer Pasadena Symphony Association CC: Melinda Shea, PSA President of the Board Ivan Schustak, PSA Marketing & Public Relations Manager EXHIBIT 3 February 13th, 2012 To: Jason Kruckeberg Jason, AAA Flag& Banner would like permission to hang 8 City light pole banners for the non- profit organization, The Pasadena Symphony for their"Summer Concert Series at the Arboretum"between the dates of June 1St 2012 though Sept. 1St 2012 on Baldwin Ave. from Foothill to Huntington. The address for the Pasadena Symphony is: Pasadena Symphony and POPS 117 E. Colorado Boulevard, Suite 200. Pasadena, CA 91105 Phone: 626.793.7172 x 13 I Fax: 626.793.7180 The address of AAA Flag & Banner who will be doing the installation and removals is: 8955 National Bl. Los Angeles, CA 90034 Ph 310-836-3341 Fax 310-838-3691 I have attached a PDF of the images for the banners for your review and approval. 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