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HomeMy WebLinkAboutCC AG PKT 2005-04-11 #BB AGENDA REPORT DATE: April 11, 2005 • TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Mark Vukojevic, Public Works Director /City Engineer Christy Teague, Senior Planner SUBJECT: SPECIAL EVENT POLICIES, PROCEDURES AND FEES FACILITY RENTAL POLICY AND EVENT REIMBURSEMENT FEES SUMMARY OF REQUEST: Review special event policies, procedures, and fees; Review facility rental policy and event reimbursement fees. BACKGROUND: At the March 14, 2005 City Council meeting, Mayor Yost raised the issue of special events and the level of support and sponsorship for special events provided by the City of Seal Beach. DISCUSSION: On November 12, 2001, the City Council approved a $100 fee for the newly established Special Event Permit. At that time, an itemized cost schedule was provided to the City Council with a cost for a typical Special Event Permit to be $162.11. The fee for a Special Event Permit has not changed since that time, though costs of postage and staff have increased. It is estimated that the current, actual cost of processing a simple Special Event is approximately $200, with higher costs for major events requiring additional resources. At the time the fee was established, it was stated that the $100 amount would not fully cover the cost to process a Special Event Permit, recognizing the public benefit of special events. The November 12, 2001 City Council staff report indicated that the fee would partially offset the cost of Special Event Permits, reducing the subsidy from the General Fund. On September 23, 2002, the City Council approved City Council Policy "Public Works Labor /Resources for Special Events." The intent stated in this policy was to provide for full cost recovery for City services utilized during special events, with the exception of events specifically exempt from these costs determined by City Council. With limited staff resources and the high costs of overtime needed for weekend and evening events, it is cost prohibitive for city staff to provide required services necessary for these events without reimbursement. As a result of this AGENDA ITEIW._8 1 policy, Public Works staff has compiled a list of providers to satisfy trash, portable restrooms, parking control, and other necessary services associated with special events. On November 12, 2002, the City Council approved City Council Policy "Special Event Permits" which clarified and streamlined special events and outlined the types which clearly require special event permits and smaller activities which do not require special event permits. At that time, for instance, it was determined no special event permit is necessary for events at city parks with less than 25 persons which do not involve alcohol sales or live music. At that time it was also determined that events in City owned facilities, in most cases, do not require separate special event permits since they are subject to specific facility rental agreements. The nature of special events, occurring on an annual or periodic basis, makes them a coordination challenge. When events are sponsored by non - profit organizations, often volunteers change from year to year. Also, many non - profit groups are finding it increasingly challenging to find available volunteers to achieve security, traffic control, parking control and other services necessary to accomplish larger special events. The issues of coordination and volunteer consistency and availability add to the unique challenges of special events. City staff has provided outreach on special event policies to the Chamber of Commerce on numerous occasions, and has co- sponsored the annual Christmas Parade. Special Event Fees The application fee for Special Events is currently $100. The fee is intended to offset direct costs associated with processing Special Event Permit applications, including public notice publication and mailings. Other costs not covered by the fee include: staff time accepting the application, determining completeness, reviewing the radius map and insurance information, mailing the public notices, notifying affected departments, collecting information for conditions of approval, and issuing approval letters. Since the beginning of the Special Event Permit Fee establishment, the $100 fee has not been enough to offset all the costs of processing. Development Services, Police, Recreation, Lifeguard and Public Works Department staffs complete these tasks as part of their regular duties. Publication in the newspaper is generally required for larger events that affect citywide residents such as the Spring Car Show and 10 -K Run. When events are held at more specific locations, mailings are sent to residents within a 100 feet radius of the event location. Public notices are written, copied, mailed and coordinated with the newspaper by staff. The newspaper charges the City of Seal Beach for publication of public notices. Rental Facility Fees To reserve one of the City facilities for private use for a meeting, party, wedding or other special event, specific fees and charges are collected prior to the event to cover specific City costs. These include the following: 2 Refundable Security Deposit Rental Fee (hourly, depending on facility and if resident or non - resident) Alcohol Fee Kitchen Use Liability Insurance Fee Cleaning Fee Staff Fee (currently $12 per hour for the number of hours of the event) Other Fee (such as use of Public Address Equipment, CD Player, Piano) For example, a pending rental by a Seal Beach resident of the Marina Center for 8 hours was charged a total of $981 for the above fees, of which $250 is refundable if the facility is left in good condition. Refundable deposits are generally returned within 2 -3 weeks. Examples of non - profit uses include long standing non - profit organizations such as the Historical Society, Friends of the Library, International Friendship and Women's Club who hold monthly membership meetings (usually once a month) at the Senior Center. These groups are required to post a $100 annual cleaning fee that is held as a security deposit on file until the group no longer uses the facility. When such groups hold fundraisers that place a heavier burden on the facility, the fees include a $25/hr rental, a cleaning fee between $50 -$150 depending on usage (i.e. number of people, food, etc.) and an alcohol fee of $30 during the hours that alcohol is served. Rates are higher if the user is a for - profit organization. Fees charged vary according to the group requesting the facility use; residents are charged less than non - residents, and non - profits are charged less than for - profit users. Though these fees may seem high, some adjacent cities charge higher rates for facility rentals, viewing them more as profit centers than as cost - recovery services. Prior to City Council approval, the Parks & Recreation Commission reviewed the Special Event Permit Policy and facility rates at its meeting of October 30, 2002. Their recommendations were included in the final policy approved by City Council on November 12, 2002. Staffing and Other General Fees Some events require extensive overtime coordination and staffing for various services, including: trash pick up, traffic control, parking control, street closure barriers, portable restrooms, and cleaning crews. The City does not provide these services to facilitate special events, unless specifically directed to do so by the City Council. It should be noted that City staff levels have decreased in recent years. There is no longer extra capacity available for Public Works crews and Police Department officers to cover extra duties. Current staff levels provide necessary, core service levels. Additional duties would require staffing which takes away availability for the most necessary City services. Overtime is an option for a limited number of events, but should be recognized as a limited resource due to staffing levels. 3 An exception to these policies has been the annual Christmas Parade, of which the City has traditionally been a co- sponsor with the Seal Beach Chamber and Business Association. Despite the new special event process, staff continues to provide support, advice and coordination so long as it does not conflict with City Council policy. FISCAL IMPACT: None at this time. However, if the policy changes from the goal of full cost recovery for special events, the resulting costs would be detrimental to operating budgets. This would especially impact the Public Works and Police Departments. RECOMMENDATION: City Council discussion; and direct staff to take appropriate action from the following alternatives: ' Alternative 1: Status quo; keep same policy and procedures in place. Alternative 2: Provide staff direction. i � � - ��� Mark Vukojevic, Director of Public Works Christy D. Te ue, Senior itanner NG ► , I AP' , O D: ii , of 1 o ly •. Bahorski, City Manager ttachments: (5) Attachment 1: Staff Report "Amendment to the Comprehensive Fee Schedule 2001/2002" and Excerpt of City Council Minutes dated November 12, 2001 Attachment 2: Staff Report, City Council Policy "Public Works Labor /Resources for Special Events" and Excerpt of City Council Minutes dated September 23, 2002 Attachment 3: Staff Report, City Council Policy "Special Events Permits" and Excerpt of City Council Minutes dated November 12, 2002 4 Attachment 4: January 25, 2005 Letter from Seaside Lions Club Regarding Cancelled Spring Fest Attachment 5: 2001/2002 Informational Handout from the City of Seal Beach, Shared with Chamber of Commerce and Other Affected Groups Agenda Item 5 ATTACHMENT 1 Staff Report "Amendment to the Comprehensive Fee Schedule 2001/2002" and Excerpt of City Council Minutes dated November 12, 2001 6 • 11j AGENDA REPORT ,. C 0 November 12, 2001 L, 0 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Mac Cummins, Assistant Planner SUBJECT: AMENDMENT TO THE COMPREHENSIVE FEE SCHEDULE 2001/2002 SUMMARY OF REQUEST: Establish the rates and amounts of fees and charges for certain goods, services and facilities provided by the City of Seal Beach and supersede inconsistent provisions of previously approved resolutions. Specifically, this is a request to add a fee to process the recently approved "special events permit." The proposed fee would be $100. BACKGROUND: Under State of California guidelines, fees and charges for municipal goods and services are to be set at a rate equivalent or below costs incurred in providing for that service. Fees are to be based on an analysis of costs and may not be arbitrarily set. A fee or charge may, as a matter of public policy, be set at a rate below costs, when a public benefit or good exists in having the General Fund subsidy for specific service to an individual(s). The proposed fee would cover the costs incurred by City Staff in the processing of requests for special event permits. The process, as approved by the City Council, calls for a 100 foot mailing radius to send notification of a pending special event permit. The costs of staff time, in conjunction with the mailout, exceeds the $100 fee collected for this process. However, as staff currently collects $100 for Minor Plan Review applications with a similar 100 foot radius, staff felt that this was the appropriate amount of money to collect for the special event permit application. A detailed description of cost spending is attached as attachment 1. FISCAL IMPACT: The recommended Comprehensive Fee Schedule will balance cost recovery of services rendered and, therefore, reduce General Fund tax and revenue subsidies. RECOMMENDATION: Agenda Item c City Council adopt the Amended Comprehensive Fee Schedule establishing the rates and amount of fees and charges for good, services and facilities provided by the City of Seal Beach. r &"---. Mac Cummins, Assistant Planner Nt f APPROVED: 1 J • dB. : ahorski, ity Manager Attachments (2): 1. Sample cost schedule for processing special event permit 2. Proposed resolution with amendment Sample Cost Schedule for Special Event Permit Process Cost Hrs. /Letters Unit Price Total Price Assistant Planner @ $39.83/hr. 1 $39.83 $39.83 Dir. Development Svcs. @ $57.82/hr. 0.5 $57.82 $28.91 City Attorney @ $250 /hr. 0.25 $250.00 $62.50 Executive Secretary (Planning) 0.5 $27.73 • $13.87 Mailout @ $0.34 /letter 50 $0.34 $17.00 Total Cost $162.11 Deposit $100.00 Total Cost $162.11 Difference to - $62.11 City 11 -13 -01 PUBLIC HEARING / RESOLUTION NUMBER 4958 — AMENDING COMPREHENSIVE FEE RESOLUTION — SPECIAL EVENT PERMIT FEE Mayor Doane declared the public hearing open to consider an amendment of the Comprehensive Fee Resolution to include a Special Event Permit Request Fee. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received relating to this matter. The Assistant Planner presented the staff report, confirmed that this hearing was to consider inclusion of a fee for the processing of Special Event permits, the process was approved by Council a couple of months ago, includes a one hundred foot mailed notification to affected property owners, residents, and owners of nearby businesses, the fee proposed is $100 to cover staff costs associated with such requests. Councilman Boyd made reference to the cost schedule example for processing special event permits setting forth the number of hours, unit price of staff time, and a total, that sample evaluation showing that the City collects too little for the processing of a permit request. Councilman Boyd said his concern was not necessarily with the fee but how the fee is arrived at, it sets forth time spent by the Assistant Planner, Director of Development Services, City Attorney, secretary, and the cost of the mailout, somewhat over three hours, his question would be if a fee is being assigned because it is felt to be easy to assign the costs to, or is it saying that so much time is needed to be spent on the process, can the amount of time be reduced to make it simpler to cover the cost of the fee and /or reduce the fee if,possible, the time spent by the City Attorney is an example. The Assistant responded that there are times when it is necessary to call the City Attorney, it was felt that cost should be built in, his time to process the application, route it to the departments, draft a letter of approval with conditions all seem to be reasonable, is the question whether or not the process takes four hours. Councilman Boyd said before he votes for or against something he wants to be assured that what is being asked to be approved is an appropriate request in terms of the amount of responsibility and time that the staff has to dedicate to process an event permit to protect the public interest, the reason the special event process was instituted was to protect the residents, he wants to make sure that the $100 fee is fair and reasonable and that the public is protected from those who request such events. The Assistant offered that this fee is similar to that of a Minor Plan Review application, a minor development application that is forwarded to the Planning Commission as a Consent Calendar item, it too includes a one hundred foot mailout. The Assistant confirmed that some events do require Police Department services, however this fee is basically a deposit, and explained that the majority of Special Event applications have been for live, unamplified music on Main Street, since his employment with the City there has not been an event that would require a street closing and police safety services, however should that be.a•necessity as determined by the departments, additional fees would be imposed. There being no comments from the audience, Mayor Doane declared the public hearing to be closed. The Assistant City Attorney recommended that the last line of ' the 'Resolved' clause be amended to read "...the Special Event Permit application fee of $100..." Councilman Boyd noted that this fee is being called a deposit, asking if the deposit is refundable. The City Manager suggested that the word 'deposit' be deleted making the reference strictly to a 11 -13 -01 • 'fee.' Councilman Yost asked if under special circumstances does the Council have the ability to waive the fee for something of a special interest or benefit to the community, to that the City Manager responded that as a policy the Manager would not waive a fee however that can always be at the discretion of the Council. Boyd moved, second by Larson, to adopt Resolution Number 4958 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE COMPREHENSIVE FEE RESOLUTION TO INCLUDE THE "SPECIAL EVENT PERMIT REQUEST FEE" AS ADOPTED BY ORDINANCE 1477." By unanimous consent, full reading of Resolution Number 4958 was waived. AYES: Boyd, Campbell, Doane, Larson, Yost NOES: None Motion carried CITY ATTORNEY REPORT There was no report presented. CITY MANAGER REPORT The Manager stated that the Director of Public Works would be making a brief visual presentation as to why there should be weekly street sweeping in Seal Beach. The photographs, taken this date, were shown by the Director and depicted the results of the 'first flush,' debris in the San Gabriel River, trash on the beach. It was noted that the debris shown was subsequent to all of the efforts over the past two years and a recent riverbed cleanup where seventy -two shopping carts, etc. were removed. COUNCIL COMMENTS Councilmember Campbell showed a copy of a flier received at her home advising residents to vote 'no' on the street sweeping and tree trimming measures, some of the statements made were that 'most of the problems of ocean contamination come from the cities upstream along the San Gabriel River, not from within the City of Seal Beach, additional street sweeping is not the solution.' To that Councilmember Campbell explained that Seal Beach is part of the problem as well, stated that every city should have weekly street sweeping to get the debris and contaminants off the streets, that includes Seal Beach, this City can not expect cities upstream to keep their areas clean unless Seal Beach does likewise, the City street sweeper is old, is no longer adequately picking up, this issue is more than keeping the ocean clean, it is keeping the streets clean, when the sweeper was tested it was found that there was some very toxic dust on the streets, the EPA has mandated that the contaminants be removed from the streets, what is needed is weekly street sweeping again. In College Park East there are damaged sidewalks and curbs from tree roots, there is.a problem with ponding water, yet the City does not have the money to repair everything, the ballot measures propose monies in order to achieve those repairs, street sweep more often, the current fees were approved in 1988, the current $.50 charge does not cover the cost of just bi- weekly sweeping, the cost needs to be covered. There are over five thousand City trees that need to be maintained, to say that recent landscaping was irresponsibly planted, that is not so, a great deal of time was spent choosing trees based upon • their growth, root system, etc., the increased cost is minimal, the trees add ambiance to the City, they need to be maintained and the streets need to be swept every week. For information of the public, Councilmember Campbell explained ATTACHMENT 2 Staff Report, City Council Policy "Public Works Labor /Resources for Special Events" and Excerpt of City Council Minutes dated September 23, 2002 7 AGENDA REPORT DATE: September 23, 2002 • TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Douglas A. Dancs, P.E. Director of Public Works /City Engineer SUBJECT: COUNCIL POLICY: PUBLIC WORKS LABOR/RESOURCE FOR SPECIAL EVENTS SUMMARY OF REQUEST: The proposed City Council action will adopt a Council Policy regarding use and responsibility of costs for Department of Public Works labor and resources for special events. BACKGROUND: In the 2002/2003 Fiscal Year Budget discussions, Council directed Staff to create a policy regarding use and responsibility of costs of City resources for special events. In • the past, the Department has provided many services with out recovering its costs for these activities. These services have a financial and productivity impact upon the Department. It is the intent of the policy to provide for full cost recovery for those City services utilized during special events. An exception would be any City - sponsored event or events otherwise authorized by Council for which the costs are waived. Applicant would make an application through the special event process and the Director of Public Works would determine what, if any, services the event would require. If in- house services were to be used, a cash deposit would be collected from the applicant for the amount estimated. Alternatively, the applicant may be required to hire a vendor to perform services such as banner, traffic control/barricades through an approved Public Works permit. In many instances, this will save the applicant money, especially when overtime is involved. FISCAL IMPACT: This policy would free up resources and ensure that the City is reimbursed for all Public Works costs incurred during special events. Agenda Item RECOMMENDATION: Upon motion of the consent calendar, it is recommended that the City Council approve the Public Works/Resources for Special Events Policy. Prepared by: Douglas A. Dancs, Director of Public Works /City Engineer NOTED AND APPROVVED John B. Bahorski, City Manager • Agenda Item • • • CITY OF SEAL BEACH -. • • COUNCIL POLICY • • • SUBJECT PUBLIC WORKS LABOR/RESOURCES FOR SPECIAL EVENTS SECTION INDEX NO. ISSUE DATE REVISION DATE COUNCIL CM APPROVAL . 400 3 10/01/02 r APPROVAL . • 9/23/02 • 9/23/02 • • 1. SCOPE • For residents /businesses /organizations applying for Special Event permits. • • . 2. PURPOSE AND 'INTENT To establish a policy addressing use of City labor and /or resources relating to permitted special events for the purposes of full cost recovery of such services. The City's " preference is for private vendors to "be used to provide event - related equipment and . services. 3. POLICY In the .past, the Public Works Department has provided labor and other .resources for special events permitted in the City. Due to the department's decreasing workforce, the • focus is now on necessary core maintenance functions. Unscheduled special events requiring ,labor and • resources can strain the department's crews and scheduled maintenance operations. . • It is the intent of this policy to - provide for full cost recovery for those. City services utilized during special- events. Any City - sponsored special event or events authorized by City • Council will be exempt from this provision if costs are waived by Council. PROCEDURE • 1) Applicants will apply for special event permits. • 2) The Director of Public Works will determine what services; if any, are required for approval of the permit. - • 3) It is at the discretion of the Director of Public Works as to whether in -house labor forces and services will be provided for the event of if the applicant will need to hire a vendor for such services. If in -house labor and services are required, a cost J estimate of such services will be provided to the applicant. (Public Works Labor /Services- Special Events) - . • • •^) . 4) The City may provide a list of vendors offering services relating to special events, • such ` as : setup /take -down of stage /seating, janitorial, banners, traffic • control /barricades. In many instances; the use of private sector vendors will be Tess expensive than utilizing in -house forces, especially at overtime rates. 4. .ISSUANCE • • ' Approved by City Council • . • • • • Dated: September 23, 2002 • • • • • • • • • • • • • • • • • • • • • • • • (Public Works Labor /Services- Special Events) . _ • • ITEM "S" - SPECIAL EVENT PERMIT POLICY It was clarified to Councilmember Campbell that 'parties on park space involving less than twenty -five people, no alcohol, no live music' and 'events which are wholly contained within a City owned facility' are different in that one is wholly within a building, the other is park space, neither would require a special event permit. Councilmember Campbell referred to Section 19E -5 of Ordinance 1491 that states '...the Director of Development Services may accept a special event permit application filed less than thirty days in advance when the special event is proposed to be conducted in a City park and there is adequate time for review...', and to her question the response was that a previously referenced wedding would have been allowed yet the other factors are that it would be less than twenty -five people and no alcohol. Her question was then what if this wedding party merely appeared at the park, could they have done that. The Associate Planner offered that there is a somewhat grey area as far as enforcement, in most cases it would be difficult to know that the people were in the park unless a complaint was lodged, the appropriate procedure is to obtain a permit if there were to be more than twenty -five people. With regard to Section 19E -5(D), Councilmember Campbell noted the language that no special event organizer shall be issued more than six special event permits per calendar year for a particular property', yet the CPE Neighborhood Association utilizes Heather Park for six possibly more events in a year, does that language mean that the Association could not reserve the Park for all of their events, and some residents would like more events that there are currently. The Manager responded that his recollection was that the six events annually were meant to deal with activities on Main Street rather than in parks. To Section 19E- 5(B -2) with regard to submittal of a list of the special event permits for the previous twelve months, the Planner said the intent was to assist staff in identifying how many permits had been issued in the past, staff is working on preparing a master list of special event permits that have been issued so that people can be apprised of when they should be making application for those permits. With regard to Section 19- E- 6(A -1) which states that 'the special event organizers shall conspicuously provide public notice of such time period and boundaries by posting signs at approved locations', to that Councilmember Campbell asked where those may be placed along Lampson Avenue. The Planner responded that what is meant is that the person physically have the permit in hand in the event that the City receives a complaint and as an example on a weekend an officer would be dispatched to respond, the organizer can then show that it is a permitted event. She mentioned there is also the life insurance policy that indemnifies the City. Councilmember Campbell then made reference to the Policy, Section 3 referring to 'short term', item two states all other events held on private property, up to, but not exceeding two days', to that she noted that this would be on private property, a private event, therefore why would the City get involved at all, to that the Planner mentioned that there are things that come up that are not otherwise allowed under the Zoning Code, outdoor sales on top of parking in a sh000ina • there has been an appeal procedure that requires some amount of time to work its way through the system, and • acknowledged that the desire of the Council had been to reduce the sixty days, what is recommended is thirty days which he felt was the minimum if the Council wants to retain the appeal procedure. Councilmember Campbell questioned if all of the neighboring properties need to be notified for every single event, what if there is no music, no alcohol, and less than twenty -five people. The Planner indicated that if the Council were to do that the Policy • Statement could be amended to further define what is and is not a special event, yet leave the ordinance as is. The City Manager offered that possibly the rental aspect is being mixed with the permitting issue, through the Recreation Department one can rent the park but also obtain a special event permit, that may be confused, in turn if the park is rented the special event can not occur. Councilmember Campbell inquired as to why the wedding was denied, there was no music, the response of the Manager was that he believed it was a sixty day time period at that point. Councilmember Campbell offered that the policies are wrong, it needs to be revised, a resident wants to use Eisenhower Park, it is not being used yet they can not have a permit, residents should be able to use City facilities even if it is on the spur of the moment, if something requires noticing what is the time frame. The response of the Planner was that when the application is received they try to get notices out within two to three days, the way , the ordinance is now drafted staff would be making a decision ten days after the date of the notice, and then there is no time for an appeal, the process probably takes less than thirty days, that covers all of the things that are defined in the Policy Statement. Again, Councilmember Campbell stated that this should be amended to where there ;, is less than twenty -five people, no music, no alcohol, no special event permit required, there should be no time limit. Councilman Doane mentioned that it still uses City property, they need to see if someone else is using the property. Councilmember Campbell noted that with the proposed policy of thirty days such requests would be denied if the time frame is less, a childs birthday party in a park is another example. The Manager suggested that the ordinance could be adopted and then the Policy I Statement that sets the threshold could be changed. To the inquiry of Councilman Yost as to the status of a requested street closure, the City Manager advised that those types of requests are reviewed closely, in the case of the referenced request it was denied as it affected bus routes, !° etc., another example would be a request such as the Car Show that will be brought to Council as it has a CalTrans impact. Yost moved, second by Doane, to approve the introduction • and first reading of Ordinance Number 1491 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REGARDING SPECIAL EVENTS AND AMENDING CHAPTER 19E OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1491 was waived. ATTACHMENT 3 Staff Report, City Council Policy "Special Events Permits" And Excerpt of City Council Minutes dated November 12, 2002 8 AGENDA REPORT DATE: November 12, 2002 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Mac Cummins, Associate Planner /Special Projects Manager SUBJECT: Special Event Permit Policy SUMMARY OF REQUEST: Change City Council adopted Policy Statement with regard to Special Event Permits. At the Council's direction, the Policy Statement was referred to the Parks & Recreation Commission for comments relating to events in parks and City owned facilities. Those comments are included in the draft before the Council this evening. BACKGROUND: In August, 2001, the City Council adopted an ordinance and adjoining policy statement relating to "Special Events." The ordinance (Chapter 19E of the Municipal Code) sets forth the procedures for making an application to the City for a Special Event, and the policy statement further defines "special events." The procedure is the same for events which are located on public property or private property. On September 23, 2002, the City Council considered the Special Event Permit process and the types of events which are considered special events. That evening the Council adopted revisions to the existing ordinance, and directed staff to take the City Council policy statement to the Parks & Recreation Commission before returning it to the City Council for final considerations. The Policy Statement defines what is and is not considered a "special event." Staff took the Policy Statement to the Parks & Recreation Commission on October 30, 2002. The following represent the changes to the Council Policy Statement which were discussed at the meeting of October 30: • Parties on Park space involving less than 25 people, do not serve alcohol, and do not involve live music should NOT need a special event • Events which are wholly contained within a City owned facility should NOT need a special event permit • Events at the Marina Center & Senior Center which serve alcohol should NOT need a special event permit by virtue of the fact that the fee resolution already contains a provision to charge for alcohol sales at those sites. • Events on the Electric Greenbelt will be limited to daytime events only, and no exterior lighting shall be provided. Staff also addressed the concerns related to memorial services on City owned facilities or park space by adding a section to the Policy Statement which would set a Policy of NOT requiring a special event permit for these types of situations. This evening's action would put into place a policy which will define what is and is not a special event. The action will also direct staff how to advise customers as to what permit they will need to obtain to do different types of event within the City. FISCAL IMPACT: • None. Staff time in preparing this evening's staff report. RECOMMENDATION: Change City Council adopted Policy Statement with regard to Special Event Permits. Mac Cummins, Associate Planner /Special Projects Manager Attachments (4): 1. Municipal Code Amendment to add Chapter 19 -E 2. Existing Special Events Permit Policy Statement 3. Proposed Special Events Permit Policy Statement w /changes NOTED AND APPROVED: • John B. Bahorski, City Manager Agenda Item • • • • • • • • • • . . _ COUNCIL POLICY • . . • SUBJECT • • SPECIAL EVENT PERMITS • • , . SECTION INDEX NO. ISSUE DATE REVISION • COUNCIL • CM • DATE • • APPROVAL , APPROVAL • 600 9 • 11/13/02 - 11/12/02 • 11/12/02 • • • 11/12/02 • . . • . , 1. SCOPE • • • • • Citywide • • 2.: PURPOSE AND INTENT' • • • • This City Council policy shallestablish.the "Special Events Permit Policy" for the City of Seal Beach in accordance with the provisions of Chapter 19E of the Code • • of the .City of Seal Bach., Given its nature as a guarded community, these • • ' policies do not apply to events within Leisure World. • • 3. POLICY: • The City has received numerous requests to allow land use entitlements on a "short" term basis. The City has an interest- in allOwing certain types of . • • conditionally allowed uses on a short-terin basis. Many of-these types of uses allow private businesses to hold special events which alter the character of a • particular area. . • . . . . • • For the purposes of this Policy Statement, the term "Short Term" shall refer to the • • following: • o Christmas Tree / Pumpkin sales: Up to, but not exceeding 1 month -• o All other events held on private property: Up to, but not exceeding 2 days . o Events on the beach: Up to, but not exceeding 1 week • o Events on public property (not the beach), up to, but not exceeding 2 days • • Christmas Tree / Pumpkin Farms The City will allow, subject to the prodedure set forth in this polidy statement, a private property owner, to rent or lease a portion of private property to an • individual wishing to sell Christmas Trees / Pumpkins or any other "seasonal" • good for a period of up to 1 month at a time. "Seasonal" goods shall be determined by the Director of Development Services. After such an application is made to the Director of Development services, the Director shall consider the following befbre making a determination: . City Council Policy Statement ' . • • Special Events Permits : -� ❑ . Impact on traffic . ❑ Impact on surrounding residential uses . . • • ❑ Impact Noise - • - - • • • ❑ • Impact on Parking , . • • - ❑ Other potentially significant impacts on the City of Seal Beach' . - Other Privately Held Events . • The City wishes to allow special events, where the public.are welcome but are • ' - held on private property. These types of events generally occur in short term (1 • night) occurrences. They are usually land uses which would necessitate a • - Conditional Use Permit or some other land use entitlement. In establishing this , • policy statement, the City sets the policy that some land uses are beneficial to the • - - ' ' City (when properly regulated) on a short- term•basis.. Further, the City will take the policy that more than six events in a non - residential area in one calendar year • : • • . i shall necessitate a Conditional Use Permit , or other" appropriate land use • • • • • entitlement. These types of events shall include: - o Live music • ❑ Outdoor dining in non_ residential areas - . • • ❑ Sidewalk sale (on private property) - • ❑ Other short term duration events determined by the City Manager or designee • • -- 1 • to be within the scope bf this Policy Statement ' . Events Held On The Beach • All events held on the beach, both private events and events that are open to,the . ' general public, shall fall within the scope of.this policy statement. These types of • • • - . ' events have traditionally included beach volleyball tournaments, sandcastle- • . ' contests, etc. The City recognizes that the beach.is perhaps the most noticeable feature of landscape within the -city limits and holds its continued reputation as a family oriented source of recreation in the highest regard in terms of setting policy. Events on the beach shall be limited in scope to activities which d n ot • • : _ . • detrimentally impact the surrounding environment. These impacts shall be ` . • evaluated by the City Manager or designee and shall include, but will not be - - limited to, the following: . ❑ Impacts on Noise ❑ Impacts on Traffic . . ❑ Impacts on Water Quality - ' ❑ Impacts on the Beach Sand etc. ❑ Impacts on the General Environment J • • City Council Policy Statement Special Events Permits • Events Held on Public Property • • • • • • • The City recognizes That from time to time, private operators would like to utilize • public land for a private function, which may or may not be open to the public. - These types of events might include having a running race on city streets, utilizing • a park for an arts & crafts fair etc. These events, when properly regulated, allow the public the opportunity to utilize publicly owned land. The City's interest in these types of applications is making sure that the event does not negatively . • • impact local residents in a detrimental fashion. As such, the City will allow these - types of events, subject to Chapter 19E of the Seal Beach Municipal Code. • Further,.the following events shall NOT require a special event permit: • • • • Events on City park space which have less than 25 persons in attendance • and: • • • o Do not involve alcohol sales • • • • • o Do not involve live music • • Events which are wholly included within a City owned facility and: • • o Do not involve alcohol sales - • o Do not involve live music - . o No outdoor "spillover" effects; ie outdoor dining etc. • NOTE: Events in the Marina Center, North Seal Beach Center, and the Senior • Center are permitted to have alcohol without obtaining a special event permit, - subject to obtaining the appropriate Parks & Recreation agreements/perfnits Events Held on Electric Greenbelt The City recognizes that from time to time, private operators would like to utilize the Electric Greenbelt for a private function, which may or may not be open to the • public. These events, when properly regulated, allow the public the opportunity to utilize the Greenbelt-The City's interest in these types of applications is making - • • sure that the event does not negatively impact local residents in a detrimental fashion. As such the City Policy will be to allow these types of events with the following criteria in place: • • • • • No exterior Lighting shall be provided in any fashion • No event shall be allowed past dusk • Additional safety measures•shall be included in the application packet to assure safety of pedestrians to and from the greenbelt • . Memorial Services • - • • The City recognizes that from time to time, unfortunate circumstances arrive regarding deaths. Many times residents of the City of Seal Beach wish to hold . memorial services within the City on public property. These services shall be • 3 • City Council Policy Statement • • • Special Events Permits • allowed and not subject to a special event permit requirement. Services of this • type shall be allowed subject to City Staff approval, • • 4.- PROCEDURE - • . • • • An application shall be filled out in accordance with Chapter 19E of the Seal Beach Municipal Code and will be processed through the department which the . City Manager designates. The application shall include all information as outlined in Chapter 19E of the Seal Beach Municipal Code.. • • 5. • ISSUANCE - by City Council on 11/12/02. _ . ' • • • • • • • • • • • • • • • • • • • • • • • • 4 of the submittal of the Sewer System Management Plan Schedule to the Regional Water { Quality Control Board. • i AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "N" - RESOLUTION NUMBER 5061 - BUDGET AMENDMENT - j HOLIDAY DECORATIONS In response to Council, the Director of Public Works displayed five different holiday decorative lights to be placed on the seventeen light poles on Main Street, one will be chosen, this will free up Public Works resources and reduce electrical costs of the business owners, as well as eliminate potential hazards as a result of existing wiring. Yost moved, second by Doane, to adopt Resolution Number 5061 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 03 -05, FOR MAIN STREET HOLIDAY DECORATIONS." By unanimous consent, full reading of, Resolution Number 5061 was waived. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ITEM "R" - ORDINANCE NUMBER 1491 - SPECIAL EVENT PERMITS Councilmember Campbell noted that the proposal is to reduce the special event processing time from sixty days to thirty days, her preference would be to reduce the processing time • to zero and allow staff the discretion to decide what they can and can not do. In response to those who call her inquiring about renting Heather Park she advises them to contact City Hall at the earliest time possible to assure that the facility is available, and if they do not reserve it there is the possibility that someone else has a permit for its use. Councilmember Campbell mentioned that there have been some recent potential events that were not allowed due to the time frame, a request of a long time Seal Beach family to use Eisenhower Park for a wedding two weeks away was turned down, they then had to go to another city, another request was to have a sunset reception at Rivers End, again there was a problem. To her it would • seem that one of the charms of a small town is that there is not the bureaucracy and coldness of a large city with the attitude that these are the rules and there are no exceptions. Councilman Doane offered that the processing time is there for a purpose. The response of Councilmember Campbell was that the direction of Council had been to reduce the time from sixty to thirty days, if something is not requested within that thirty days it is denied. The Associate Planner mentioned that during a prior discussion of this matter it was pointed out that the length of time to process a request is because of the noticing requirement to affected property owners and occupants, it takes time for those to be processed, sent, give those persons an • opportunity to comment on the event, subsequent to that 1 clarified that her comment was directed to private 1 residential rather than commercial, a private party on private property, example, a bounce system for a childs party located entirely on private property, would that require a permit. The Planner offered that that would be at the discretion of the Council, it could be included in the policy whereby people would be required to obtain a special event permit for such use. Councilmember Campbell noted that under 'Other Privately Held Events' that would require a CUP or other land use entitlement if more than six such events were held in a calendar year, and includes 'parties in residential areas of the City where children's entertainment apparatus are used', stating it should not be the business of the City if the apparatus is located on private residential property, to that the Planner stated he is learning more about these types of apparatus, an application has been submitted for a giant blowup slide, that could have an impact on a neighborhood depending upon how many children may be involved, it is believed that staff would prefer that if the apparatus is totally on private property that it not require a special event permit as there is noticing required and people will not realize that they need a permit for the activity within the thirty day period. Councilmember Campbell again expressed her opinion that a private party on private residential property, the general public not invited, should not be the business of the City, it is over regulating, the Policy needs to be rewritten. The Planner indicated staff agreement, and with regard to private residential parties stated that the City would want to have a special event permit should someone want to engage a live band, the Council could strike the entire provision for childrens entertainment apparatus. Councilmember Campbell said she would like that provision stricken if there was Council concurrence. Mayor Larson agreed, his feeling was that it was not appropriate to begin with. Councilman Yost moved that amendment. With regard to more than six events requiring a CUP, the Planner stated that special events are defined as something that the Zoning Code land use restrictions would not otherwise allow, that is its purpose, therefore if there is a situation where more than six special event activities are granted within the year then the Zoning Code should be amended to allow those types of activities in the zone in ' which they would be located, that was the intent of the limitation of six. Councilmember Campbell stated again that when it comes to private residential property her belief is that the City is getting carried away. Mayor Larson inquired if the City requires a permit for yard or garage sales, the response was it does not, and to that the Mayor mentioned that that involves more people and noise than other activities. Councilmember Campbell mentioned that CPE has an annual garage sale, does not believe that they obtain a permit, and throughout the year other residents will have a garage sale. Mayor Larson noted that some cities have a problem with people who are in the used property business and where they hold a garage sale every weekend therefore they regulate to allow just so many per year. Councilmember Campbell mentioned that that had occurred in College Park East at one time, it was resolved when the individual was contracted and informed that he was conducting a commercial enterprise. Councilman Doane questioned the outdoor dining restriction, inquiring if that meant barbecues. The City Manager mentioned that the issue of six events was to deal with non - residential businesses, therefore language could be inserted to read '...further, the City will take the policy that more than six events in a non - residential area in one calendar year shall necessitate a Conditional Use Permit...' Councilman Antos suggested that 'outdoor dining in non - residential zones' be added. With reference to page one of the staff report Councilmember Campbell made reference to the third bullet that states that 'events at the Marina Center and Senior Center which serve alcohol should not need a special event permit by virtue of the fact that the fee resolution already contains a provision to charge for alcohol sales at those sites', question, what about the North Seal Beach Center. The Planner responded that the fee resolution was checked, nothing was found that dealt with the North Community Center, if the Council so chooses staff will add the North Center and then add it to the fee resolution when it is next adopted. Councilmember Campbell countered that all of the rules and regulations that apply to Marina and the Senior Center already apply to the North Seal Beach $ Community Center, to that the Planner stated that as amended at this meeting if there was an event that was • wholly enclosed in the North Center a special event permit would not be needed unless there was live music or alcohol, at the discretion of the Council the alcohol provision could be deleted and only require a special event permit if there is live music. Councilman Doane pointed out that in Leisure World each Mutual has its own policies, some of those may be in conflict with the City's policies, therefore which takes precedence, example is that only one patio sale per year may be allowed, he has no argument merely a perceived conflict at some point. Question was raised if these policies even apply to Leisure World. Councilman Yost suggested that this be postponed until the next meeting and in the meantime the members of the Council having concerns work them out with staff. Councilmember Campbell stated that the language suggested by the City Manager will resolve her concern. The Manager offered to include under 'Purpose and Intent' language to reflect that 'events within Leisure World, given its nature as a guarded community, these policies do not apply.' Mayor Larson n M +`, a noted the concerts held in the amphitheater with live music. Council indicated satisfaction with the policy as amended r '< , provided that residential private property is removed as "' well as the childrens activities. Yost moved, second by Doane, to adopt the revised Policy Statement with regard to Special Event Permits. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried Attachment 4 January 25, 2005 Letter from Seaside Lions Club Regarding Cancelled Spring Fest 9 Sass e toffs O P0. Box 160 © !,a/Bead G'a��i�Tia 90710 January 25, 2005 Mr. John Bahorski — City Manager City of Seal Beach 211 8 St. Seal Beach, CA 90740 Dear Mr. Bahorski, This letter is to inform you that the Seal Beach Seaside Lions has voted not to sponsor the Spring Fest, picnic and parade on March 20. There are many reasons for this action and I have been asked to relay them to you. • First, we consider this to be a service to the community as well as a fundraiser for our Lion's charities and community organizations to which we donate each year. However, because the city chooses to charge for many services, i.e., lane closure permit, dumpster street obstruction permit, parade permit, street banner permit, it makes this event a difficult situation for our club monetarily. • Secondly, we must now pay for services the city no longer provides, i.e., dumpsters, porta potties, street barricades and posted street closures, trash receptacles. • Thirdly, we pay for all the entertainment, bands, moon bounces, singers, etc. In years past the Seal Beach Business Association has donated money to help defray our costs. That was agreed to because we moved the parade from Main Street several years ago. Last year they donated only $100 and we removed them from sponsorship. • Lastly, this is a big undertaking and it is difficult for our members to continually work this event without the support of other community organizations. We have received help from the Seal Beach Host Club, LOTS, Leo's Club and those looking for community service. However, this is not guaranteed and if no one steps forward the burden falls on our members. The Seaside Lions regret having to withdraw our support for this family oriented event attended by so many community members. But unless we have more community support and fewer fees we are required to pay, this activity is not fiscally viable for our club. As you are probably aware this event has games for children, bands, sing -a- longs, moon bounces, a silent auction, hot dogs, pizza, a bake sale, pictures with the Easter Bunny, a crafts table and of course the parade which has as its Grand Marshalls the winners of the Woman's Club essay contest from McGaugh School. We will miss sponsoring this activity. Sincerely, Karen Russell President — Seal Beach Seaside Lions t- 4 - 2/44.- f./.444414 Cc: Paul Yost — Mayor Michael Levitt Charles Antos Kathleen McGlynn Ray Ybaben John Larson Attachment 5 2001/2002 Informational Handout from the City of Seal Beach, Shared with Chamber of Commerce and Other Affected Groups 10 ATTENTION: BUSINESS OWNERS IN SEAL BEACH: In the fall of 2001, the City Council passed a new ordinance regarding special event permits. To help alleviate any confusion regarding the permit procedures, a brief overview of the new process is provided below. Special Event Permits Special event permits are granted by city staff, subject to an adopted City Council policy statement, for short-term land use entitlements that would otherwise require conditional use permits or are simply not allowed by the city's zoning ordinance. Typical events that would need this type of permit include: • Live music, • Outdoor dining, • Closure of public streets (parade /running race, etc.), • Rental of public property, • Christmas tree Tots /pumpkin farms in parking Tots, • Block parties, • Closure of parking Tots to set up tents /canopies /outdoor sales. The requirements for obtaining a special event permit include: • Submittal of application a minimum of 60 days prior to the event, • A maximum of 6 events are permitted on one piece of property, by the same operator, per calendar year, • A $100 application fee, • A radius map highlighted with all affected property owners and occupants of each affected structure, and a list of the affected persons' addresses, • Description of the event, i.e. hours of operation, number of patrons expected, additional security measures if necessary, proof of insurance if necessary. For more information regarding the special event permit process or to obtain an application, please contact Mac Cummins, Assistant Planner, at (526) 431 -2527, ext 316. He will be happy to explain the procedure and help all prospective applicants through the application process.