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CITC)OF SAN .I:RNARDlIO - RI:QUI:~ FOR COUNCIL ACTON
Rt'C'D'-~DIl/.ie~tion Establishing Fee And Other
From: WAYNE OVERSTREET, Superintendent fS8. SubJilCt~ 'fte ements For Street Banner Permits
DEe -7 PH
Dept: Public Buildings/Parking control 4: 02
Date: December 7, 1984
Synopsis of Previous Council action:
On March 15, 1982, the Mayor and Common Council adopted Ordinance No. MC-144, which amends
Chapter 16.16 of the San Bernardino Municipal Code to provide that the amount of the
deposit to be paid by an applicant for a banner permit shall be established by resolution,
and which also required that, prior to the erection of the banner, the applicant shall
deliver to the City a certificate of liability insurance including the City as an insured
or as an additional insured, covering any liability arising from the erection, maintenance
or removal of such banner in an amount specified by resolution, and also requiring that
the applicant provide a hold harmless agreement in form approved by the City Attorney.
Recommended motion:
1. Adopt proposed Street Banner Appl ication (Attachment 113) and Specifi cati ons (Attach-
ment .#2).
2. Adopt proposed Resolution to increase fee to cover the costs of permit issuance and
of erection and removal of benners, and repealing Resolution No. 79-133 (Attachment
#1).
3. Adopt proposed Ordinance amending Chapter 16.16 of the San Bernardino Municipal Code,
Waive further first reading of ordinance and layover for final adoption (Attachment
#4).
Signature
Contact person:
Wayne,Overstr.eet
Phone:
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
383-5244
N/A
N/A
Supporting data attached: Yes
Ward:
Finance: Nt A
Council Notes:
15-0262
Agenda Item NO'~
CI~ OF SAN BERNARDICb - REQUEQr FOR COUNCIL AC'CbN
STAFF REPORT
The San Bernardino Municipal Code Chapter 16.16 Banner Permit, establishes the
procedures for obtaining a City Permit for erection of a street banner, insurance
and fee. The current codes set the fee at $50 and assigns the responsibilities
for the erection, removal of banner and specification for banner conformity to the
Electrical Superintendent.
Due to increased labor and equipment cost and to the fact that the City Electrical
Superintendent's position has been deleted and his responsibilities transferred to
the Public Buildings Superintendent, an analysis was made to determine what changes
should be made.
This analysis found that:
1. The present fee of $50 was not adequate to cover present cost and should
be changed to cover todays cost for personnel, equipment, administration
and maintenance. Estimated cost for this service is $100 and permit fee
should be changed accordingly. (See Attachment Il)
2. Present specifications regulating the installation of overhead street banners
needed to be revised to conform to current requirements of the California
Public Utilities Commission regulations. (Vehiculer Right-Of-Way), and
by doing so would eliminate the need for the applicant to provide the City
with liability insurance. Specifications, (Attachment 12) street banner
application (Attachmenti/3), proposed amendment of San Bernardino Municipal
Code Section 16.16 (Attachment #4) all have been reviewed and concurred
with by the City Attorney's Office (See Attachment #5), inaccordance with
the City Administrator's instructions.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FEE
TO COVER THE COSTS OF PERMIT ISSUANCE AND OF ERECTION AND REMOVAL
OF BANNERS, AND REPEALING RESOLUTION NO. 79-133.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS POLLOWS:
SECTION 1. Pursuant to Section 16.16.040 of the San
Bernardino Municipal COde, the fee to be deposited with the City
in an amount intended to cover the cost of permit issuance and
the cost of erection and removal of each banner is established at
$100.00. This fee shall not be refundable unless the banner
permit is denied.
SECTION 2. The City Administrator, or his designee, shall
be authorized to issue a banner permit to any applicant meeting
the requirements of Chapter 16.16 of the San Bernardino Municipal
Code, at such time as the applicant has completed a proper
application, paid the $100.00 fee, and executed, by its duly
authorized agent, a hold harmless agreement in form satisfactory
to the City Attorney. No permit shall be issued unless all of
these requirements have been satisfied.
SECTION 3. Resolution No. 79-133 is hereby repealed.
I HEREBY CERTIPY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
, 198__, by the following
the
day of
vote, to wit:
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AYES:
NAYS:
ABSENT:
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Councilmen
pproved as to form:
City Clerk
The foregoing resolution is hereby approved this
, 198_0
day
of
ity Attorney
Mayor of the City of San Bernardino
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SPECIFICATIONS
REGULATING THE INSTALLATION OF OVERHEAD STREET BANNERS
AND OTHER OVERHEAD SUSPENDED HARDWARE
OVERHEAD STREET BANNERS:
All overhead suspended street banners shall be installed in accordance with
California Public Utilities Commission regulations. (Vehicular rights-of-
way). Minimum elevation sixteen (16) feet above grade.
All street banners shall be of one size, thirty-six feet (36') by two and
a half (21) feet, and shall have a sufficient number of wind holes set in
staggered configurations eight (8) inches in from the bottom and top sides
to prevent tearing during high winds. The holes shall have a minimum diameter
of four (4) inches.
All banners shall contain metal and/or plastic eyelet grommets. They shall
be placed at the four (4) corners of the banner to provide rope attachment
for securing purposes.
In addition, a series of spring and/or snap swivels shall be placed at three
(3) foot intervals along the top of the banner and shall be ample size so they
may be properly attached to a three eighth (3/8") inch messenger cable.
At the duration of the time limit, the banner shall be removed by City forces
and stored at the Public' Buildings Maintenance Shop (City Yards) 247 South
Pershing Avenue for a period not to exceed forty-eight (48) hours. This
will allow ample time for the owners and/or his agent to retrieve his property
and minimize the possibility of a lost banner.
In the event other types of decorating materials are considered, contact
should be made with the office of the Public Buildings/Public Works Department,
City Hall Room 8-20, telephone number 383-5244 or 383-5366.
AT(!. II #2
o
~TY OF SAN
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BERNARDINO
o
STREET BANNER APPLICATION
AND AGREEMENT TO BOLD CITY HARMLESS
, 19_
APPLICATION FEE. $100.00
DATE OF APPLICATION.
To be erected.
Time
To be relllOved,
Time
Banner to be suspended at.
Purpose of banner.
In space above, print exact wording as it will appear on proposed banner.
Applicant hereby acknowledges that he has read and understands provisions of Section
16.16.040 of the San Bernardino Municipal Code pertaining to banners. Applicant
also acknowledges that a $100.00 permit fee must be paid at time of application,
which is refundable if the permit is not granted. Applicant further acknowledges
that the City of San Bernardino is not responsible for loss or damage to the
banner!s) placed hereunder.
~ BARMLESS AGREEMENT
The undersigned, hereinafter referred to as .000er., hereby deposits with the City
of San Bernardino, hereinafter referred to as .City., certain property intended for
display/public viewing. The property deposited with the City shall be held by City
at the sole risk of the OWner thereof, and the City shall not be liable or otherwise
responsible for injury, loss or destruction from any cause, whatever. OWner accepts
full risk of any such loss. OWner understands that City is not guaranteeing or in
any way assuring the safekeeping of such property, and all risk of loss by fire,
flood, earthquake, theft, mysterious disappearance or any other cause is solely on
the OWner. OWner agrees to hold City, its officers, employees and agents free and
harmless from and against any such loss, injury or destruction of such property.
OWner represents and warrants that he is the owner of the subject property, and has
authority to deposit such property with City.
Name of Sponsoring Organization - Applicant
Receipt for permit fee and request
for banner permit, is hereby
acknowledged.
By
Signature of Agent of Applicant
Title
Signature of City Administrator
street Address of Applicant Organization
~IY)
":t
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Treasurer's Receipt No.
City
State
Date
Phone No.
nTA.aYQ'"Tnu. ~~.__~A_~_~_~__~~__ _~.~__
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
16.16 OF THE SAN BERNARDINO MUNICIPAL CODE TO DELETE REFERENCE TO
ELECTRICAL SUPERINTENDENT AND TO AN APPLICANT PROVIDING INSURANCE
PRIOR TO ERECTION OF A BANNER.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Section 16.16.040 of the San Bernardino Municipal
Code is amended to read:
-16.16.040 Deposit - Hold harmless agreement required.
Each applicant shall make a deposit of money with the City,
in an amount specified by resolution, to cover the cost of permit
issuance and the cost of erection and removal of each banner. In
addition, prior to the erection of the banner, the applicant shall
also provide a hold harmless agreement in form approved by the
City Attorney.-
SECTION 2. Section 16.16.050 of the San Bernardino Municipal
Code is amended to read:
-16.16.050 Erection and removal of banner.
Each banner shall be erected and removed by the City. Each
banner shall be furnished by the applicant at his cost at least
one day prior to the date for the suspension of the banner. Each
banner shall be constructed in conformity with the specifications
and requirements of the Public Buildings Division/Public Works
Department of the City.-
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held
on the
I vote, to wit:
day of
, 1985, by the following
1-\ 'Tr I-J -# 4
AYES:
NAYS:
ABSENT:
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Council Members
City Clerk
The foregoing ordinance is hereby approved this
day
, 1985.
Mayor of the City of San Bernardino
Approved as to form:
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-?-
'CCITY OF SAN BEFClARDINO 0- MEMORANDUMO
To Wayne Overstreet
Superintendent, Publid Buildings
Subject Banner Permits
From John F. Wilson
Deputy City Attorney
Date December 4, 1984
Approved
Date
700.88
Attached for your review are the following:
1. Proposed ordinance amending San Bernardino Municipal
Code Section 16.16.040 to eliminate the requirement that
banner applicants obtain liability insurance 1 and
amending San Bernardino Municipal Code Section 16.16.050
to remove specification authority from the Electrical
Superintendent and to place it in the Public Buildings
Division/Public Works Department.
2. Proposed resolution establishing a fee of $100 to cover
the costs of erecting and removing banners.
3. Proposed Street Banner Application and Agreement to Hold
City Harmless which includes the increased fee of $100
and also the hold harmless agreement.
Please advise if these documents are satisfactory. If the
proposed ordinance and resolution meet with your approval, we
suggest that the "Request for Council Action" form include in
the "Synopsis" portion the fOllowing: "MC-144 adopted
3/15/82 to provide that applicant shall deliver a certificate
of liability insurance covering any liability arising from
the erection, maintenance or removal of a banner."
Further, we would recommend that the "Recommended motion"
include only the "Adopt resolution" and .Waive further first
reading of ordinance and layover for final adoption." It is
our opinion that neither the banner application nor the
proposed "Specifications Regulating the Installation of
Overhead Street Banners and other Overhead Suspended
Hardware" need be submitted to the Mayor and Common Council
for adoption. However, if you desire that the Mayor and
Council be aware of the changes in the application and of the
specifications, you could submit them for their information,
but it would not be necessary to include any recommended
motion.
OHN~ 160N
Deputy City Attorney
JFW:lr
Attach
CITY ON TH.=-~
A1CH tiS
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City Clerk
City of San Bernardino
300 North "D" Street
San Bernardino, Ca. 92418
Subject :
947 W. 6th Street
Dear Sir:
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,9J"o",t-: g>~:a. J..-r,
12112 Brookhurst Street
Suite 5
Garden Grove, CA 92640
(714) 636-4172
Date: December 6. 1984
With reference to the attached copy of a letter to the Building
Inspector, I respectfully request an appeal in the case.
'-,
Thank you.
Sinc,ere,L:z:,Y'
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K. "\fb'I k." '[0,4- '(
Robert Ll)we ig
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/!reud~~'.0t'~, erne,.
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12112 Brookhurst Street . Suite 5 . Garden Grove, CA 92640 . (714) 636-4172
~o?~
December 4, 1984
James Clark
Building Inspector
City of San Bernardino
300 North "D" Street
San Bernardino, Ca. 92418
Re: 947 W. 6th Street
San Bernardino
Dear Mr. Clark:
We are in receipt of your letter of November 29, in
which you stated the costs accrued in the abatement
of hazardous conditions total $2,227.10.
We wish to advise you that we were quoted a figure of
$1.100. to $1,500. by you, and under the circumstances
we respectfuly request an appeal with the City Clerk.
Thank you.
Sincerely,
PEARTREI PROPERTIES. INC.
T?4Jf.~
Robert L.~eig /
President
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City Clerk
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