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10/20/1998, 1 - PARADE AND SPECIAL EVENTS ORDINANCE, FEE RESOLUTION AND PROCEDURES
Council j acEnaa Repout CITY OF SAN LUIS OBISPO FROM: Ken Hampian,Assistant City Administrative Officer�(1 Prepared By: Wendy George,Assistant to the City Administrative Officer 117 SUBJECT: PARADE AND SPECIAL EVENTS ORDINANCE, FEE RESOLUTION AND PROCEDURES CAO RECOMMENDATION 1) Introduce an ordinance to print relating to.parades and special events within the City of San Luis Obispo. 2) Adopt a resolution establishing fees and costs to be paid by sponsors of parades and special events. 3) Approve procedures implementing the parade and special event ordinance and authorize the City Administrative Office to approve any future minor changes to the procedures that are consistent with the ordinance. DISCUSSION At its October 6, 1998,meeting,the City Council took public input on the proposed special events ordinance, fee resolution and procedures. (See Attachment 3.) Because the meeting had not been properly noticed as a public hearing, the Council could only give conceptual approval to the ordinance and procedures,which it did. After considering information presented by supporters of Mardi Gras, the Council decided not to conceptually approve the fee resolution as presented. Instead, it gave conceptual approval of revising the resolution to provide a$10,000 cap on the amount of City services costs reimbursed by major event sponsors. This cap would limit reimbursements even when the actual City costs exceed that amount. The cap will be in place for three years, after which time it will be reviewed by the Council for appropriateness and adjusted,if necessary. Staff will be meeting with representative of Mardi Gras prior to the next Council Meeting to insure that they understand the revisions that have been made to the fee resolution. FISCAL IMPACT Staff believes that the proposed fee resolution should create little change to the amount of special event sponsor reimbursement currently provided to the City, with the exception of an additional approximately $2,300 annually as a result of the new permit fee. This is a modest offset to the balance of the cost,which is bome by the general community through the City. Council Agenda Report Special'Events Oid mance Attachments 1 = Special Events OFdinance 2=.SpeciAIEVents Fee Resolution 3 -.Ageada,Rep_ ort from October 6, 1998`mecting r ORDINANCE NO. (1998 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO RELATING TO PARADES AND SPECIAL EVENTS WHEREAS, City of San Luis Obispo desires to adopt an ordinance relating to parades and special events, and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Chapter 5.76 shall read as follows: Parades and Special Events 5.76.010 Purpose The City of San Luis Obispo welcomes parades and special events which provide cultural, educational, recreational and entertainment opportunities to be appreciated by residents and visitors. It is important that such events be planned and carried out in a careful and consistent manner and that events which enjoy First Amendment Protection under the United States Constitution are lawfully regulated. Moreover, the City must assure that the community does not assume a disproportionate share of the costs of parades and special events. 5.76.020 Definitions A. "City Administrative Officer", as used in this chapter, shall mean the City Administrative Officer or his designee. The use of male gender in referring to the City Administrative Officer is for clarity and encompasses both men and women. B. "Commercial," as used in this chapter, means any public activity or assembly held on public property, by other than a non-profit organization, intended to generate financial gain in whole or in part, for the participants or sponsors of said activity; or to advertise products, goods or services. C. "City departmental services charge," as used in this Chapter, means the actual costs which a department of the City reasonably incurs in connection with activities for which a permit is required under this Chapter, including, but not limited to, administration or coordination services, support Ordinance No. (1998 Series) Page 2 personnel, equipment, materials and supplies, rentals, contract services and related items such as fringe benefits. D. "Days," as used in this chapter, shall refer to calendar days. E. "Indigent natural person," as used in this chapter, means a person eligible for county relief and support as an indigent person under Section 17000 of the California Welfare and Institutions Code. F. "Focal special event," as used in this Chapter, means and includes, but is not limited to, promotional or fund-raising activities, athletic or sporting events, live musical events, community celebrations and observances, or neighborhood activities such as block parties, picnics or dances, conducted on public property. G. "Non-commercial," as used in this ordinance, means any public activity or assembly held on public property intended primarily to communicate ideas and promote the general community welfare, or to generally enrich the participants without benefit of personal or financial gain. F. `Parade," as used in this Chapter, means and includes a parade, procession, march, pageant, review, ceremony or exhibition which is conducted in, on, upon, or along any portion of any public street, sidewalk or other property owned or controlled by the City, so as to impede, obstruct, impair or interfere with the free use of such public street, sidewalk or other public property of the City. G. "Person," as used in this Chapter, means any natural person, firm, association, joint venture,joint stock company, partnership, organization, club, company, corporation, business trust or manager, lessee, agent, servant, officer or employee or any of them, except where the context clearly requires a different meaning. 5.76.030 Permit - Required A. Except as otherwise provided by this Code or other applicable law, rule or regulation or any permit or license issued hereunder or pursuant to the terms of a permit, lease or contract which has been specifically authorized by the City Council, no person shall conduct or cause to be conducted, participate or engage in, hold, manage, employ, permit or allow another to conduct a parade or local special event, in, on or upon any City street, sidewalk, alley, park, way, public place or public property which is owned or controlled by the City without first having obtained a written permit from the City Administrative Officer pursuant to this chapter. �-y Ordinance No. (1998 Series) Page 3 5.76.040 _Permit -Application A. The application for a permit under this Chapter to conduct or engage in any parade or local special event, which involves the use of streets, alleys, sidewalks, parks, ways or other public property owned or controlled by the City shall be filed with the City Administrative Officer. The person receiving such filing shall, within ten days, determine whether such proffered filing is appropriate under this Chapter and contains all necessary information and other materials and shall thereupon inform the applicant that (1) the application is or is not appropriate under Section 5.76.070, (2) is or is not complete, and (3) is or is not accepted for filing and processing. Such applications shall be filed at least sixty (60) days prior to the date that the permit is to become effective. B. An application for a parade or local special event by a person enjoying First Amendment protection under the United States Constitution shall be filed as follows: PERMITTED ACTIVITY MUST BE FILED BY THE INVOLVES USE OF: FOLLOWING NUMBER OF DAYS PRIOR TO THE ACTIVITY: 1. Streets, Highways & Thoroughfares.................................5 2. Sidewalks ...................................... 3 3. Parks............................................ 3 4. Other............................................ 3 C. A claim for alternative treatment as a group enjoying First Amendment protection, shall be filed with the permit application. The City Administrative Officer may require such proof and documentation as he/she may deem reasonably necessary to verify the constitutionally protected status of the parade or event and the applicability of the alternative treatment in Subsection A above. D. Each application shall be accompanied by a nonrefundable permit application fee in an amount established from time to time by resolution of the City Council. The City Administrative Officer shall have the authority, if good cause is shown and the nature of the application reasonably and feasibly lends itself to expedited processing, to consider, grant or deny any application for a permit which is filed later than the time prescribed in this section. l S Ordinance No. _ (1998 Series) Page 4 E. Applications shall be upon a form which is furnished by or acceptable to the City Administrative Officer. Each application shall contain M, complete and detailed information including, but not limited to, the following: 1. A description of the proposed use, event, or activity; 2. The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed use, event, or activity; 3. The manner in which the public property will be utilized; 4. The date or dates and the specific times thereof, including set-up and tear-down, that the public property is to be utilized for the described use, event, or activity; 5. The name, address, and telephone number of the person, entity, or organization sponsoring or conducting the proposed use, event, or activity; and 6. The name, address, and telephone number of the person or persons to be contacted regarding the application or permit.. F. The City Administrative Officer may refer the application to such appropriate City departments as he/she deems necessary from the nature of the application for review, evaluation, investigation and recommendations by the departments regarding approval or disapproval of the application. G. The City Administrative Officer shall issue a permit under this Chapter if it is determined that the following criteria have been met: 1. The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this code or other applicable laws, rules or regulations; and 2. The preparation for or the conduct of the proposed use, event or activity will not unreasonably or unfeasibly burden City resources necessary to avoid the undue impeding, obstructing, impairing or interfering with the public's use of the street or other public property; and 3. The preparation for or the conduct of the proposed use, event or activity will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular permit area, or Ordinance No. (1998 Series) Page 5 adversely affect the City's ability to perform municipal functions or furnish City services in the vicinity of the permit area; and 4. The proposed use, event or activity does not present a substantial or unwarranted safety or traffic hazard; and 5. The proposed use, event or activity will not have a significant adverse environmental impact; and 6. That the provisions of Sections 5.76.050, 5.76.090, and 5.76.100 have been or will be satisfied. H. In addition to the requirements of this code or other applicable laws or rules or regulations promulgated by the City Administrative Officer, each permit shall contain such terms and conditions regarding the time, place and manner of utilizing the City streets or other public property which are necessary and appropriate under the circumstances. 5.76.050 Permit Application - Fee A. Except as otherwise provided by this Code or other applicable law, rule or regulation, or by the terms of a permit, license, lease or contract which has been specifically authorized by the City Council, the permit application fees, daily fees, and other additional fees for the use of City streets or other City-owned or controlled property pursuant to this Chapter shall be established by the City Council by resolution. B. Any indigent natural person who cannot apply for a permit because of an inability arising from such indigence to pay this application fee shall not be required to pay the fee. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the City Administrative Officer, be reasonably necessary to verify such status. 5.76.060 Issuance of Permit The City Administrative Officer will issue a Special Event Permit within two weeks of receiving the application assuming approval of all affected departments can be obtained by that time. Sponsors will be notified of delays necessitated by obtaining departmental approvals. 5.76.070 Permit - Term Any permit issued under this Chapter shall not be for a period of more than two consecutive days except as otherwise provided in this Code; however, 1� 7 Ordinance No. (1998 Series) Page 6 the City Administrative Officer may extend the duration of any permit if he finds good cause exists for such an extension. 5.76.080 Permit - Denial or Revocation A. The City Administrative Officer may deny any application for a permit or revoke any permit if he/she finds any of the following. 1. The permitted parade, event or activity will disrupt traffic within the City beyond practical solution; or, 2. The permitted parade, event or activity will interfere with access to or from fire stations, to fire hydrants or building fire protection systems; or 3. The location of the parade, event or activity will cause undue hardship to adjacent businesses or residents; actual damage to public property or, 4. The permitted parade, event or activity will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the City; or, 5. The application contains incomplete or false information; or 6. The applicant fails to comply with all terms of this Chapter including failure to remit all fees and deposits, or fails to provide proof of insurance and an indemnification agreement to the City ten days prior to the event. B. The City Administrative Officer may deny any application for a permit or revoke any permit if the City Administrative Officer determines that the applicant thereof or holder thereof or any agent, employee or associate of any such applicant or permittee has made any false or misleading statement in an application or has not fully complied with the requirements of this Chapter or has violated any of the provisions of this Chapter or the provisions of any other applicable law, rule or regulation. C. Any applicant whose permit application is denied, or whose permit is revoked, pursuant to this Section shall be immediately notified of the action of denial or revocation, which notification shall contain a statement of such alternatives to the parade, event, or activity applied for as the City Administrative Officer or his/her designee may deem reasonable and appropriate as well as a reference to the appeal provisions set forth in Section 5.76.150. Notification pursuant to this Subsection shall be deemed satisfied when the notice is placed, postage prepaid, in the United States mail, certified / _8 Ordinance No. (1998 Series) Page 7 - mail, return receipt requested, and addressed to the applicant at the address shown on the permit application. 5.76.090 Insurance A. Each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the City, its officers, employees and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or Sled against the City, its officers, agents, or employees, and that permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the City, its officers, agents or employees as a result of the alleged acts or omissions of permittee or permittee's officers, agents or employees in connection with the uses, events or activities under the permit. B. The permittee shall procure and maintain in full force and effect during the term of the permit a policy of insurance covering general liability and property damage in an amount to be determined by the Risk Manger, which policy includes the City, its boards, officers, agents and employees as named insureds or additional named insureds, and proof of insurance shall be submitted to the City at least ten (10) days prior to the event. C. Nothing in this Section shall be construed to apply to parades or local special events permitted under this Chapter which enjoy First Amendment protection under the United States Constitution except that such parades or local special events shall be required to either (1) agree to indemnify, protect, defend and hold harmless the City, its officers and employees, all participants in and all observers of the permitted parade, event or activity against all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted parade, event or activity; or, (2) agree to redesign or reschedule the permitted event to respond to specific risks, hazards and dangers to the public health and safety identified by the City Administrative Officer as being reasonably foreseeable consequences of the permitted parade or event; or (3) provide insurance coverage as required by this section. D. A claim for alternative treatment under Subsection C., above, shall be filed with the permit application, and an agreement or proof of insurance, as applicable, shall be filed prior to permit issuance. The City Ordinance No. (1998 Series) Page 8 Administrative Officer may require such proof and documentation as he/she may deem reasonably necessary to verify the constitutionally protected status of the parade or event and the applicability of Subsection C above. 5.76.100 Departmental Services Charee A. In addition to the payment of the nonrefundable permit application fee set by Council resolution, a permittee shall pay the City for departmental services charges incurred in connection with or due to the permittee's activities under the permit. Additionally, if City property is destroyed or damaged by reason of permittee's use, event or activity, the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property. B. The amount and the method of assessing and collecting fees and charges shall be set by Council resolution. C. The City Administrative Officer shall determine the type of permitted parade, event or activity and calculate the applicable departmental services charges as set by Council resolution. For purposes of this section, sponsorship or co-sponsorship by the City shall be only such sponsorship or co- sponsorship authorized and approved by the City Council: 1. Type A is a commercial event and the permittee will pay 100% of the departmental services charges as set by Council resolution; 2. Type B is an event which is non-commercial and is not co- sponsored by the City and the permittee will pay departmental services charges as set by Council Resolution. 3. Type C is an event co-sponsored by the City. The sponsor is responsible for all fees and permits as set by Council resolution. Reduced charges and fees or charge and fee waivers must be requested in writing to the City Administrative Officer at least 30 days prior to the event. D. Any indigent natural person who cannot obtain a permit because of an inability arising from such indigence to pay the applicable departmental services charge may request the City Administrative Officer to recommend an alternative parade, event or activity on a scale and at a time that would result in no costs causing departmental services charges to be made under this Section. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the City Administrative Officer, be reasonably necessary to verify such status. Ordinance No. (1998 Series) Page 9 5.76.110 Refunds If a permittee is unable to hold or conduct a use, event or activity because of inclement weather or due to some other cause not within the permittee's control, and the permittee submits a written request for the refund of such fees to the City Administrative Officer's office within ten days after the date that the use, event, or activity was to have been held or conducted, the City Administrative Officer may authorize the refund of the fees or a pro rata portion thereoty except the nonrefundable application fees, which have been paid by the permittee to the City in connection with a permit issued under this chapter. 5.76.120 Compliance Investigation It shall be the duty, responsibility and authority of the City Administrative Officer to monitor, investigate and determine whether a permittee fully complies with all the terms and conditions of the permit and the provisions of any applicable laws, rules or regulations. Failure to so comply may result in permit revocation or denial of future permit applications. 5.76.130 Interfering with Activity Prohibited No person shall knowingly join or participate in any parade or local special event conducted under permit from the City in violation of any of the terms of the permit, nor knowingly join or participate in any permitted parade or local special event without the consent and over the objection of the permittee, nor in any manner interfere with the progress or orderly conduct of any such parade or local special event. 5.76.140 Penalty for Violation Any person who violates any of the provisions of this Chapter shall be guilty of a misdemeanor. 5.76.150 Appeals A. Any applicant aggrieved by an adverse decision under this Chapter may appeal such decision to the City Council pursuant to the appeal procedures set forth in Section 1.20.020 of this Code. B. Alternatively to the provisions of Subsection A, above, any applicant for a parade or local special event which enjoys First Amendment protection under the United States Constitution and is aggrieved by an adverse decision under Sections 5.76.040 and 5.76.090 of this Chapter may appeal such decision by tiling a written notice of such appeal within one day of Ordinance No. (1998 Series) Page 10 receipt of notice of such decision with the City Administrative Officer. Such notice of appeal shall be forthwith referred to an independent Hearing Officer appointed by the City Administrative Officer who shall hear and decide the appeal within three days and whose decision shall be final. 5.76.160 Implementation The City Administrative Officer may promulgate policies and procedures consistent with this Chapter to aid in its implementation. SECTION 2. Municipal Code Section 12.04.020 is hereby amended as follows: 12.040.020 Encroachments restricted. A. It is unlawful for any person to make any excavation or encroachment in, under or over any road or other public place, including highway, alley, street, avenue, place, sidewalk, path, walk, park, plaza boulevard or right-of-way or any other public place in the city whether or not currently improved, except in the manner and mode provided in this chapter. Work conducted by public utility companies within exclusive public utility easements is exempt from permit requirements under the terms of this chapter. B. For purposes of this chapter, encroachments shall not include activities regulated as parades or special events pursuant to Chapter 5.76. SECTION 3. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the day of 1998, on motion of seconded by and on the following roll call vote: Ayes: Noes: Absent: Ordinance No. . (_1998 Series) Page:11 Allen K Settle; Mayor ATTEST: City Clerk APPROVED AS TO FORM: . .00 i - e RESOLUTION N0. (1998 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO ESTABLISH FEES AND COSTS TO BE PAID BY SPONSORS OF SPECIAL EVENTS WIIEREAS, the City of San Luis Obispo welcomes non-commercial special events, as defined in Ordinance No. (1998), providing cultural, educational, recreational and entertainment opportunities which can be appreciated by both residents and visitors; and WHEREAS, it is important that such events be planned and carried out in a careful and consistent way with equitable treatment of event sponsors; and WHEREAS, the City must assure that the community does not assume a disproportionate share of the costs of non-commercial special events; and WHEREAS, the City also allows commercial special events, as defined in Ordinance No. (1998) and must assure that the community does not assume any costs of such events. NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. All special event sponsors, commercial and non-commercial, will pay an event permit fee of$50.00 to partially cover the administrative costs of issuing the permit. This fee may be adjusted periodically by the Council as part of the City's Master Fee Schedule. SECTION 2. The City of San Luis Obispo will assume the cost for all services listed as "City Provided Services (no cost to sponsor)" in Exhibit A for all non-commercial special events. SECTION 3. All applicable costs indicated as "Sponsor Paid Costs" in Exhibit A will be charged to each non-commercial special event. SECTION 4. The amount of "Sponsor Paid Costs" for non-commercial special events will be determined as follows: a. Regular Employees. The hours worked multiplied by the labor rates as established by the Director of Finance and set forth in Section 500 of the City's Revenue Management Manual b. Temporary Employees. The hours worked multiplied by labor rates based on the current salary,plus any appropriate benefit costs. c. Non-City Employees. Labor rates charged by any outside agency contracted to provide assistance, (e.g. the San Luis Obispo County Sheriffs Department.) d. Other charges. Other direct costs for rentals, supplies or services incurred by the City. Resolution No. (1998) SECTION 5. The City will absorb the first $1,000 of all "Sponsor Paid Costs" for each non-commercial special event. Sponsors will be required to pay any "Sponsor Paid Costs" in excess of$1,000. This deductible may be adjusted periodically by the Council as part of the City's Master Fee Schedule SECTION 6. If the total "Sponsor Paid Costs" for a non-commercial special event exceed $10,000, those costs will be capped at $10,000. This provision will remain in effect for three (3) years from the passage of this resolution. At the end of that time, the City Council will reassess the cap to determine if the level is still appropriate. SECTION 7. Commercial special event sponsors, as defined in Ordinance No. ,will pay 100%of all City services costs. A vendor charge of 10%will be assessed for non-commercial sponsors using City facilities for money-raising activities. City staff will provide all event sponsors with a detailed budget of the amount of Sponsor Paid Costs the sponsor must actually pay as soon as possible after the special event application is received. This budget will become a fixed cost, and will not be subject to revision. Actual final costs are unlikely to be different from this budget, as it will be the basis for scheduling resources; and event sponsors will not be surprised by any last minute cost changes. This practice will provide the City with reasonable cost recovery, while providing cost predictability to event sponsors. Payment in full of this cost is due to the City ten days before the event. SECTION 8. The terns of this resolution shall become effective sixty (60) days after its passage. Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of , 1998. Mayor Allen Settle ATTEST: Lee Price, City Clerk /-15 Resolution:No. (1998 Series) Page 3 APPROVED AS TO FORM: /990SPa J _rge:- , C'� Attom_ey Attachment Exhibit A •• r- r� ,. - :ate.•-„--�r.:.�'=.--�^� i r._.,_,.n....n., ..-^,. - -r � -.c -] r E -.... .:.....::.. .._...: .._.....—.. .....v...e....-.....nn.C.n_.....:...........:....:��:::.'��::: ..._....................,...,u.............. .._...�........."te.�.0___e.___.......,.....:.__m._n'_..:...'........-......v._n_.,�.:R1��.'L_'_._.r._:.^`.:._..'...•...._.:...�.....nom....�.._.-.,.-��...,e....J....e.....:.:.'..^.r_�.....,.._.:.:m.'.-�.:.:...;..:,.'":r:•.:.],.� � C•:Wi:m.:i n:� .::.:.:. :::J__...., . , :: v, .. 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'- ..... .:�, ._...,_ :�1:::' ::::;_•a _::�:, '.gym ::,-_:: .....,..�.,� = `�::::.. ....�. . _ r^:.'.................Z.� ....m ..:..s ...E "MoorMT-Mg. •• • •_ r- _• _• • • • _ - -06 Council "'" )0 6-98 j agenda Rep= °®H..b� CITY OF SAN LUIS OBISPO FROM: Ken Hampian,Assistant City Administrative Officer Prepared By: Wendy George,Assistant to the City Administrative Officer LU SUBJECT: PARADE AND SPECIAL EVENTS ORDINANCE, FEE RESOLUTION AND PROCEDURES CAO RECOMMENDATION 1) Introduce an ordinance to print relating to parades and special events within the City of San Luis Obispo. 2) Adopt a resolution establishing fees and costs to be paid by sponsors of parades and special events. 3) Approve procedures implementing the parade and special event ordinance and authorize the City Administrative Officer to approve any future minor changes to the procedures that are consistent with the ordinance. DISCUSSION Background Special events have always been part of a unique and desired San Luis Obispo tradition, and add to its sense of community. The City is committed to facilitating the development of events which are consistent with its spirit and character. However, over the years, the number of special events occurring within the City has increased significantly, with 46 non-commercial events being held in 1997. Practices and procedures have evolved to insure that such events occur safely, equitably and with as little disruption as possible. However, these.procedures have never been formally written down and approved, with the result that inconsistencies between events can sometimes occur. In addition, as events have become more complex, increasing amounts of staff time have been expended in coordinating them. Some of these costs have been charged back to event sponsors, but again, with no formal policy in place, there have sometimes been inconsistencies in how much reimbursement is required. As far back as 1990, City staff began to work on developing a parade and special events ordinance. However, the process was halted because of a significant legal challenge to such an ordinance which occurred in the City of Long Beach in 1993. The legal action was the result of perceived discrimination against an organization's Constitutional First Amendment rights by the city. Public places have been historically associated with the free exercise of expressive activities and, as such, streets, sidewalks and parks are considered "public forums". In such places, a governments' ability to permissibly restrict expressive conduct is very limited. After losing the case, the City of Long Beach rewrote its ordinance to comply with the legal findings. The ordinance being proposed for the City of San Luis Obispo is closely patterned after the new City of Long Beach ordinance. ATTACHMENT 3 /-/00 Council Agenda Report-Special Events Ordinance Page 2 Significant Asects of the Ordinance As indicated above, City staff has developed many very effective practices for assuring that special events are conducted in a safe and appropriate manner. In creating an ordinance, it is not our intention to change those practices in any significant way. Rather, we want to assure that the sponsors of each event are treated with fairness and consistency, that their First Amendment rights are protected and that City practices and policies are formally documented. Perhaps the biggest change in the ordinance is that it allows for a special events application fee to be set by Council resolution. In the past, we have not required such a fee. However, as the process of simply administering the application has become an increasingly longer and more complicated one, staff believes that such a fee is appropriate. Other important issues addressed in the ordinance are: • Requiring a permit • Describing the application process and timelines • Establishing grounds for denying or revoking a permit • Defining insurance requirements • Allowing for the partial reimbursement by the sponsor of departmental service charges • Establishing an appeal process • Amending Municipal Code Section 12.04.020 on encroachments to allow the exception of parades and special events from encroachment regulations. Significant Aspects of the Procedures Manual Again, in writing the proposed procedures for implementing the ordinance, staff attempted to adhere closely to current practices of administering parades and special events. Prior to writing the document, the City's "Special Events Task Force", consisting of representatives from all departments affected by major special events, met several times to review those practices and to propose solutions to areas that had proved to be problems. Care was also taken to assure that the procedures were consistent with other City policies, such as the administrative Co-Sponsorship Policy and the Banner Policy which was previously approved by the Council. The most important changes that resulted from these meetings relate directly to parades and are proposed to insure greater event safety. They are: • The establishment of two standard parade routes. By formalizing these two routes, the City assures that staff has already worked out the best locations for barricades, the number and placement of monitors and other traffic concerns that must be addressed. • The requirement that for all parades and Mission Plaza events requiring street closures, City staff will deliver barricades to the proper intersections and provide direction to the sponsor on their proper placement. (In the past, sponsors have been allowed to pick up barricades from the Corporation Yard and they have sometimes been placed improperly.) • The requirement that all parade floats must comply with size and weight requirements established by the California Vehicle Code. Any requests for exceptions must be made to the City's Engineering Division no later than 20 days before the event. Council Agenda Report-Special Events Ordinance Page 3 Otherwise,the proposed procedures detail the current special events practices and walk a sponsor through the special event process. Important areas addressed are: • City co-sponsorship of events • The application process • Banner permits • Alcohol Beverage Control permits • The permit and permit review process • Payment of fees and departmental service charges • Insurance requirements • Parade routes • Resident notification of street closures and temporary elimination of parking • Barricade placement and monitors • Fire regulations • Street sweeping after events Because the proposed procedures manual is fairly long and detailed, sponsors will also be provided with a checklist which clearly defines the actions they are expected to take in order to assure a safe and successful event. Permit Fees and City Costs Reimbursement In accordance with City practice, the amount of the proposed special event permit fee and the reimbursement of some City departmental costs are addressed in a resolution. As indicated above, staff felt that it was important to add a special event permit fee to the special events ordinance and is proposing that the fee be set at $50. Such a fee serves to partially off-set the cost to the City of processing these permits, estimated to average approximately$130 per event. Determining a process for sponsor reimbursement of some of the other City-wide departmental costs was a much more difficult undertaking. As the number and complexity of special events and parades has increased over the years, more and more City staff time has been devoted to helping with their coordination. Several year ago, we began tracking the actual cost of each event to the various departments involved. A copy of those costs for 1997 can be found in Attachment 5. Staff reviewed these costs and found that they ranged from a low of about $65 (OMS Walk-a-thon)to a high of almost$41,000 (Mardi Gras). Only two events, Mardi Gras and the Criterium,had costs which exceeded $1,000. Keeping in mind that special events are important to the City and should not be unnecessarily discouraged by excessive charges to sponsors, staff developed the following recommendations: • A list would be created of City services which would be provided at no cost to all sponsors. (See Attachment 6.) • A matrix would be established of costs that would be charged to a sponsor, based on the type of event. (See Attachment 6.) • The City would pay the first $1,000 of the expenses charged to a sponsor (somewhat like a City-paid "deductible".) /—oZ0 Council Agenda Report-Special Events Ordinance Page 4 • Sponsors would be required to pay all sponsor costs in excess of$1,000 up to a maximum of $10,000. • The amount of costs to be paid by sponsors of events where the actual sponsor costs are in excess of$10,000 will be determined on a case-by-case basis. The dollar figures used to determine the various cut-off levels are recommended based on the analysis of all 1997 special events. By setting the City-paid "deductible" at $1,000, almost all the events would continue as they have in the past, without being required to reimburse the City for departmental costs. The most expensive event in the City, Mardi Gras, would become, in effect, an exception to the fee policy, with reimbursement to be determined through negotiation with the City as it has in the past. Last year, Mardi Gras was prepared to pay the City approximately $10,000 for additional public safety personnel from the Sheriffs Department and for Parks and Recreation Department staff to help with the event. Under the proposed reimbursement policy, City staff expects to negotiate a similar reimbursement cost for Mardi Gras this year. CONCURRENCES A copy of the proposed ordinance, resolution and procedures manual was mailed to every sponsor of a special event in 1997. At a public meeting on June 25, 1998, approximately 13 people met with members of the Special Events Task Force to discuss the proposed documents. Much of the discussion involved answering questions for clarification. Several specific concerns were expressed and have been addressed by making changes to the documents. Generally, most of those present understood and appreciated the City's intention of formalizing its special events process. The Tourism Council and The Downtown Association reviewed the proposed documents and offered no objection to them. The Chamber of Commerce board of directors provided formal approval of them. The Public Works Department, Police Department, Fire Department and Risk Manager have all approved the documents. FISCAL IMPACT As indicated above, staff believes that the proposed fee resolution should create little change to the amount of special event sponsor reimbursement currently provided to the City, with the exception of an additional approximately $2,300 annually as a result of the new permit fee. This is a modest offset to the balance of costs, which are borne by the general community through the City. ALTERNATIVES: If the Council desires a higher level of cost recovery for special events, the City-paid "deductible" could be lowered to $750 or $500 instead of$1,000. Staff recommends the $1,000 level in order to create minimal change from the current level of cost reimbursement incurred by most special event sponsors. i-al i CouncH.Agenda Report=Special Events Ordinance Pages .Attachments• I Special Events Ordinance 2 -Fee Resolution 3 -.Special Events Procedures 4•=.Special Events Checklist 5 Actual.special event costs for 1997 6 =List of City_Provided Services and Sponsor=Paid Costs �'ou CRAFT Cltl Of San tui s OBISPO. SPECIAL;E�/EW. PROCEDURES' e t_ (Date) /d-3 A"thmen4 3 city of san Luis oBispo Special Events Procedures TABLE OF CONTENTS I. INTRODUCTION..................................................................................................1 II. DEFINITIONS........................................................................................................1 III. EXCEPTIONS............................................................................................................2 IV. CITY CO-SPONSORSHIP........................................................................................2 V. APPLICATIONS........................................................................................................3 VI. LATE APPLICATIONS ............................................................................................3 VII. RAIN DATES.............................................................................................................3 VIII. BANNERPERMITS..................................................................................................3 IX. ALCOHOL BEVERAGE CONTROL(ABC)PERMTTS........................................4 X. CONSULTATION WITH OTHER DEPARTMENTS............................................4 XI. SPECIAL EVENT PERMITS....................................................................................4 XII. PERMIT DENIALS....................................................................................................4 XIII. APPEALS................................................................................................................... 5 XIV. CONDITIONAL APPROVAL..................................................................................5 XV. FEES ........................................................................................................................... 5 XVI. DEPARTMENTAL SERVICES CHARGES ...........................................................6 XVII. REFUNDS .................................................................................................................. 6 XVIII. INDEMNIFICATION AGREEMENT...................................................................... 6 XIX. INSURANCE REQUIREMENTS............................................................................. 6 i city of san Luis oi3ispo Special Events Procedures XX. WAIVER OF INSURANCE......................................................................................7 XXI. PERMIT REVOCATION..........................................................................................7 XXII. STANDARD PARADE ROUTES ............................................................................ 8 XXIII. PARKING CONTROL SIGNS.................................................................................. 8 XXIV. NOTIFICATION OF STREET CLOSURES............................................................8 XX-V. BARRICADES........................................................................................................... 8 XXVI. MONITORS................................................................................................................9 )C VII. PARADE ENTRIES OR FLOATS............................................................................9 XXVM. SAFETY PLAN..........................................................................................................9 XXDC. FIRE REGULATIONS...............................................................................................9 XXX. STREET SWEEPING................................................................................................ 10 XXXI. AFTER ACTION REPORTS..................................................................................... 10 XXXII. COMPATIBILITY WITH STATE AND FEDERAL LAW ANDCONSTITUTIONS........................................................................................... 10 APPENDIX Attachment 1 -Co-Sponsorship Policy...................................................................................... 11 Attachment 2- Special Event Permit Application..................................................................... 13 Attachment 3 -Banner Policy and Procedures.......................................................................... 15 Attachment 4-Banner Permit Application ............................................................................... 19 Attachment 5 - Alcohol Beverage Control License Request..................................................... 20 Attachment 6- Standard Parade Routes .................................................................................... 21 ii �a� crty of san Luis osispo Special Events Procedures Attachment 7 -Parldng Control Signs.......................................................................................23 Attachment 8 - Special Event Notification(for street closures)................. 24 Attachment 9 -Fire Department Special Event Permit............................................................. 25 Attachment 10-Special Event Costs and Services...................................................................26 �a� My of san lues ostspo Special Events Procedures I. IN IRODUCTION the participants or sponsors of said activity; or to advertise The City of San Luis Obispo welcomes products,goods or services. special events providing cultural, educational, recreational and entertainment opportunities C. City departmental service which can be appreciated by both residents comes. The actual costs and visitors. Special events are a unique and which a department of the desired San Luis Obispo tradition which add City incurs in connection with to a greater sense of community. The City is activities for which a permit is committed to facilitating the development of required under City Municipal events which are consistent with San Luis Code Chapter 5.76, including, Obispo's spirit and character. It is important, but not limited to, however, that such events are planned and administration or coordination carried out in a careful and consistent way. services, support personnel, Public safety, equitable treatment of event equipment, materials and sponsors and assuring that the community supplies and related items does not assume a disproportionate share of such as fringe benefits. event costs are guiding principles of these procedures. The City also acknowledges any D. Days. Calendar days special event whose primary purpose is the exercise of the participants' constitutional E. Indigent natural person. A rights of free speech, assembly or religious person eligible for county expression. In order to facilitate the handling relief and support as an of special events, the following procedures indigent person under Section have been developed for all non-commercial 17000 of the California and free speech/assemby/religious expression Welfareand Institutions Code. events. F. Local special event. Includes, 11. DEFINITIONS but is not limited to, promotional or fund-raising A. City Administrative Officer activities, athletic or sporting (CAO): The chief adminis- events, live musical events, trative officer of the City or community celebrations and designated representative. observances, or neighborhood activities such as block B. Commercial: Any public parties, picnics or dances, activity or assembly held on conducted on public property public property, by other than a non-profit organization, G. Non-commercial: Any public intended to generate financial activity or assembly held on gain, in whole or in part, for public property intended l _ cZ-7 1 city of san Luis oBispo Special Events Procedures primarily to communise business trust or manager, ideas and promote the general lessee, agent servant, officer community welfare, or to or employee, or any of them generally ' enrich the except where the context participants without benefit of clearly requires a different personal or financial gain, meaning, applying for a unless the beneficiary is a permit to hold a local special non-profit organization. event or parade in the City of San Luis Obispo. H. Parade. Includes a parade, procession, march, pageant, M. EXCEPTIONS review ceremony or exhibition which is conducted in, on, A special events permit is not required for the upon or along any portion of following: any public street, sidewalk or other property owned or A. A non-commercial event held controlled by the City,so as to exclusively within a City park impede, obstruct, impair or which does not impact interfere with the free use of significantly on City resources such public street, sidewalk or outside of established parks other public property of the requirements or procedures. City. The Special Events Coordinator must determine I. Special Events Coordinator. that the event falls within the The Special Events normal scope and use of City Coordinator shall be the Parks parks and the applicant(s) and Recreation Director or must have met all normal his/her representative. The Parks and Recreation Specials Event Coordinator Department requirements. shall be responsible for the dissemination, routing and B. A non-commercial event approval of all Special Event deemed by the City Council to permits. The Special Events be of such community benefit Coordinator shall also ensure that City participation or co- compliance with these Special sponsorship is appropriate. Events Procedures. (See Section IV, City Co- Sponsorship.) J. Sponsor. The person, firm, association, joint venture, IV. CITY CO-SPONSORSHIP joint stock company, partnership, organization, The City of San Luis Obispo will not sponsor club, company, corporation, or co-sponsor special events without the / .2 8' 2 My of san Luis osispo Special Events Procedures approval of the City Council. A request for relates to the specific type of event proposed. co-sponsorship must be made in writing at This sheet will outline the conditions which least 90 days in advance of the event in order must be met prior to the event taking place, as to provide enough time for Council approval. well as the steps that must be followed in (See Attachment 1, Co-Sponsorship.) coordinating the event with the City. V. APPLICATIONS VI. LATE APPLICATIONS Any person desiring to conduct a non- Upon showing of good cause, the City exempted local special event or parade must Administrative Officer may grant make application for the event by filing a consideration to an application filed after the completed Special Event Application Form deadline if the all affected departments attest (with any required attachments) with the City that there is sufficient time to process the Special Events Coordinator no less than 60 application, arrange for City resources and calendar days prior to the scheduled date of meet all other legal and City requirements. the event. All information requested on the form must be provided before the application VII. RAIN DATES can be considered for approval. If a City park is requested as part of the special event, a Rain dates for a special event may be Facility Use Permit must also be requested. reserved to secure a location on an alternate date. The rain date shall be used if the A special events sponsor who enjoys First original date of the event is canceled due to Amendment protection under the U.S. weather conditions only. If a facility use fee Constitution should file an application is required, the sponsor will be charged the according to the following timeline: current fee for each date the facility is reserved. However, the sponsor will receive Permitted activity Must be filed b� a full refund for each day the facility is not involves use of the followiniz days used due to poor weather conditions. prior to activity: Streets,Highways Vim. BANNER PERMITS and Thoroughfares 5 Any sponsor who wishes to hang a banner in the downtown area (Higuera and Chorro Sidewalks 3 Streets or Marsh/Carmel Streets) in Parks 3 connection with a special event must be issued a Banner Permit, subject to the Other 3 requirements of City of San Luis Obispo Banner Policy & Procedures. The Banner Upon the submission of a Special Event Permit may be obtained from the Parks and Recreation Department after paying the Application Form the sponsor will be required fee. (See Attachment 4.) There is provided with an information sheet which an annual application period for banners. ���+ 3 city of san Luis osispo Special Events Procedures Applications will be accepted after the first factors indicated in Section XII below exist, a Wednesday of January, on a first-come basis. Special Event Permit will be issued by the Applications must be renewed annually. Special Events Coordinator within two weeks of receiving the application. The permitting IX. ALCOHOL BEVERAGE CONTROL letter will be accompanied by a list of (ABC)PERMITS conditions which must be met before the event can take place. If a park Facility Use Any event at which alcohol is to be sold Permit is required, and an application for that requires a permit from the Alcohol Beverage permit has been made, the permit will be Control Department. These permits can be included with the permission letter, as well. obtained by requesting a permit from the Any permit issued shall not be for a period of ABC Department and providing them a copy more than two consecutive days, unless the of the ABC permission form supplied by the Special Events Coordinator determines that Special Events Coordinator. Information on special circumstances wan-ant an extension. . how to make this application will be provided by the Special Events Coordinator. In XII. PERMIT DENIALS addition to an ABC permit, the City requires all sellers of alcohol to obtain Liquor An application for a special event may be Liability Insurance. proposed for denial by the Special Events Coordinator. Denial may be based on X. CONSULTATION WITH OTHER different reasons, among which are: DEPARTMENTS • Failure to file a complete and timely The Special Events Coordinator shall ensure application; that each affected City department receives a copy of the completed Special Event • The application contains incomplete or Application Form and has the appropriate false information; . opportunity to comment prior to any approval of the event. In the case of events with major • The event will require the diversion of so street closures or other significant impacts on many public employees that allowing the the City, a pre-event meeting with the event would unreasonably deny service to sponsor and all affected departments shall be the remainder of the City; required. Each significant event should also be followed by a brief written critique from • The location of the event will cause the affected departments and a de-briefing undue hardship to adjacent businesses or meeting with the sponsor. (See Section residents; XXIX, After Action Reports.) • The event will disrupt traffic within the M. SPECIAL EVENT PERNIITS City beyond practical solution; Upon approval of the event from all affected • The event will interfere with access to or departments, and assuming none of the from fire stations, fire hydrants or 1-30 4 city of san lues owspo Special Events Procedures building fire protection systems; will be referred to a independent Hearing Officer appointed by the City Administrative • The event poses significant adverse Officer who will hear and decide the appeal environmental impacts; within three days and whose decision will be final. • Failure to follow through on requirements during previous events; XIV. CONDITIONAL APPROVAL • The applicant fails to comply with all the The Special Events Coordinator may terms of Chapter 5.76 of the Municipal conditionally approve any permit, rather than Code, including failure to remit all fees deny the application, whenever conditional and deposits, or fails to provide proof of approval is appropriate. Applicants must insurance and an indemnification agree, in writing, to the conditions in order to agreement to the City 10 days prior to the receive final approval for the event. The event. sponsor shall have the right to appeal the conditional approval as indicated under Whenever an application is proposed for Section XIII,Appeals. denial, the Special Events Coordinator shall notify the City Administrative Officer of the XV. FEES grounds for the proposed denial. Following CAO concurrence, the Special Events There is a nonrefundable special event permit Coordinator shall inform the applicant in application and administration fee for each writing of the grounds for denial or the event. In addition, other are fees required for conditions/changes or alternatives required the provision of hanging of banners and for approval. facility usage. These fees are set by resolution of the City Council. A current fee XIII. APPEALS schedule is available from the Special Events Coordinator. A vendor charge of at least 10 The sponsor shall have the right to appeal the percent of gross income will also be assessed denial within 10 days to the City for non-commercial sponsors using City Administrative Officer (CAO). Should the facilities for money-making activities. CAO uphold the denial, the sponsor may appeal this decision to the City Council in Any indigent natural person who cannot accordance with the appeals procedures in apply for a permit because of an inability to Section 1.20.020 of the Municipal Code. pay the application fee shall not be required to pay the fee. Application for indigent status In the case of events being proposed by a must be made at the time of permit sponsor enjoying First Amendment application and must be accompanied by such protection under the United States documentation necessary for the Special Constitution, a written appeal should be filed Events Coordinator to verify this status. with the City Administrative Officer within one day of the denial. The notice of appeal �/ 5 city of san Luis osispo Special Events Procedures XVI. DEPARTMENTAL SERVICES days after the proposed event was to occur. CHARGES The Special Events Coordinator may refund all or a prorated portion of the charges, except In addition to the payment of the for the non-refundable application fee. nonrefundable permit application fee, a sponsor will pay the City for departmental XVIII. INDEMNIFICATION services in accordance with a Council- AGREEMENT adopted resolution. (See Attachment 10 and the current Cost and Fee Schedule available Prior to the issuance of a special event permit, from the Special Events Coordinator). the sponsor must sign an agreement to Additionally, if City property is destroyed or reimburse the City of San Luis Obispo for damaged by the sponsor's use, event or any costs incurred in repairing damage to activity the sponsor must reimburse the City City property occurring in connection with for the actual replacement or repair cost of the the permitted event and proximately caused destroyed or damaged property. by the actions of the sponsor or sponsoring organization, its officers, employees or agents No less than 10 days prior to a parade, event or any person who was under the sponsor's or activity,the sponsor shall pay the total City control insofar as permitted by law. The departmental services charges which the agreement shall also provide that the sponsor Special Events Coordinator has determined shall defend, protect, indemnify and hold the will be incurred in accordance with the fee City, its officers, employees harmless from, resolution adopted by the Council.. any liability to, or claims of liability. This indemnification agreement will be included Any indigent natural person who cannot as part of the special events permit. obtain a permit because of an inability to pay the departmental service charge may request M. INSURANCE REQUIREMENTS the Special Events Coordinator to recommend an alterative parade, event or The sponsor of a special event must submit a activity on a scale and at a time that would Certificate of Insurance and policy result in no departmental service charges endorsement naming the City as Additional being required. Application for indigent Insured covering general liability and status must be made at the time of permit property damage in the amount to be application and must be accompanied by determined by the Risk Manager. These documentation necessary to verify this status. forms must be submitted to the Special Events Coordinator no less than ten (10) days XVII. REFUNDS before the event. The insurance must be maintained for the duration of the event and If a sponsor is unable to hold an event due to the insurance company must provide the City inclement weather or due to some other cause with thirty (30) days written notice of beyond the sponsor's control, the sponsor cancellation of the policy. If the event may submit a written request for a refund to includes selling alcohol, the coveragemust the Special Events Coordinator within ten also include Liquor Legal Liability. /-3� 6 city of san Luis osispo Special Events Procedures Insurance coverage for some types of events participants or sponsors will realize may be purchased through the Parks and monetary profits as a result of their Recreation Department for an event. participation in the special event by Coverage rates for this insurance vary based way of sale of goods or merchandise; on the number of people participating and the type of event. 3. That the special event does not pose an unusual or peculiar risk of harm or The special event permit shall be revoked if injury to participants or spectators. the Certificate of Insurance, along with the endorsement has not been received at least 10 Under no circumstances will the insurance days before the event If special events requirement be waived or modified when the insurance has been purchased from the City special event in question is an athletic event, this requirement does not apply. carnival, car rally, soap box derby, music concert or parade. Insurance is not required of parades or local special events which enjoy First Amendment XXI. PERMIT REVOCATION BY protection under the United States SPECIAL EVENTS Constitution. However, sponsors of such COORDINATOR parades or event must either sign the indemnification agreement or agree to The Special Events Coordinator may revoke a redesign or reschedule the event to respond to special event permit at any time if: specific risks, hazards and dangers to the public which have been identified by the 1. An emergency arises making it Special Events Coordinator as reasonably impossible to assign sufficient or foreseeable. appropriate personnel to the event to protect public safety. XX. WAIVER OF INSURANCE 2. Information is obtained after the The City's Risk Manager may determine that permit is issued from which it may an indemnification agreement as provided in reasonably concluded that the permit Section XVIII or some other form of waiver should have been denied under is satisfactory, and that liability insurance is Section XII. not necessary or that a smaller amount of liability insurance shall be required, if all of 3. The sponsor fails to meet the the following are demonstrated to the Risk conditions required by the special Manager's satisfaction: event permit. 1. The permit applicant cannot afford the If the Special Events Coordinator revokes a insurance premium or cannot afford special event permit, the applicant shall be the premium for the amount of informed in writing of the grounds for insurance ordinarily required; revocation. The applicant may appeal the 2. That none of the special event revocation to the City Council within 10 days —433 7 city of San Luis OBISPO Special Events Procedures unless the cause of the revocation is an XXIV. NOTIFICATION OF STREET emergency and there is insufficient time CLOSURES available to present or schedule an appeal. In such a case, the sponsor will schedule a All residents or businesses within an area personal meeting with the CAO, or in his/her which will be closed off for a special event absence, the Assistant CAO, to discuss the must be notified of the street closure and of circumstances. any arrangements that have been made to meet their parking and access needs. The XXII. STANDARD PARADE ROUTES Special Events Coordinator will provide address labels for affected residents or The City has established two standard parade businesses, along with a sample letter. The routes. (See Attachment 6). All parades shall sponsor is responsible for the actual use one of these routes. The only notification. modification that can be made to these routes without permission of the Special Events XXV. BARRICADES Coordinator is to shorten them within the original perimeter of the standard route. All If required, the City will make available to other changes require the approval of the the event as many barricades as can safely be Special Events Coordinator. released from regular City use. The Public Works Director or designee will determine XXID. PARKING CONTROL SIGNS the actual number of City barricades available for use. Any additional barricades required When the special event permitted is a race, will be provided by the sponsor at the parade or other type of event requiring sponsor's cost. The Public Works Director or closure of streets, the sponsor shall post designee and the Police Chief or designee parking control signs along the route at least will establish the proper number and twenty-four (24) hours prior to the placement of barricades. For all parades and commencement of the event. The parking Mission Plaza events, the City shall be control signs shall meet the standards set by responsible for delivering City barricades to the Public Works Department. A sample of the proper intersections and providing the appropriate sign will be provided to the direction to the sponsor on their proper sponsor by the Special Events Coordinator. It placement. The City shall also pick up the is the responsibility of the sponsor to note the barricades from the curb after the event is date(s) and the start and stop time of the over. The sponsor shall pay a fee which parking restrictions on the parking control covers the City's cost in providing this signs. Immediately after the signs are posted, service. The actual amount of the fee will be the sponsor must notify the Police determined at the time of the event and will Department at (805) 781-7312 of their be based on the staff time required. For locations. Parking control signs and all events other than parades or those held at rubber bands must be removed immediately Mission Plaza, sponsors may pick up and after the completion of the event. return barricades to the Corporation Yard themselves. i 3 � 8 city of san lues oBispo Special Events Procedures At the end of an event requiring street Engineering Division, a copy of the closures, the sponsor will be responsible for permit must be submitted to the opening the streets, after receiving Special Events Coordinator 10 days in permission from the Police Department, and advance of the event. Floats found to placing barricades safely out of the way of be in violation. of the California traffic until they are picked up by City staff. Vehicle Code, and which have not received an exception permit, will be XXVI. MONITORS removed from the staging area by the Police Department prior to the start of Any street closures requested by the sponsor the parade. will require the sponsor to provide monitors for the barricades used to close the streets. 3. As a safety precaution, all floats shall The number of monitors will be determined have skirting which goes to the by the Police Chief or designee. When the ground and hides all vehicle wheels special event is a parade, monitors will also from sight. In addition, monitors be required along the parade route. The provided by the sponsor must walk number of parade route monitors will also be along side each wheel of the vehicle determined by the Police Chief or designee. during the parade. All monitors will be required to attend a training session prior to the event. 4. All motorized parade entries must have a 2A-10BC fire extinguisher XXVII. PARADE ENTRIES OR FLOATS available. 1. Agreement on the number and type of XXVIII. SAFETY PLAN parade entries shall be reached between the City and the sponsor at The sponsor of any special event which is least 30 days in advance of the event. found by the Risk Manager to involve unusual safety concerns, such as crowd 2. All floats (including any persons control, may be required to submit a written riding on any float) shall comply with plan prior to the -event which addresses the size and weight requirements solutions to those concerns. established by the California Vehicle Code. Exceptions shall be reviewed XX1X. FIRE REGULATIONS on a case by case basis and shall comply with the requirements and 1. All vendors and booths at a special provisions set forth in Chapter 10.80 event shall be subject to an inspection (Oversized and Overweight Vehicles). by the Fire Department prior to the Requests for exceptions must be made start of the event. Each vendor must to the City's Engineering Division have a completed Fire Department (955 Morro Street) no later than 20 Special Event Permit in their days before the event. If the possession during the inspection. An exception is permitted by the approved permit will be provided by city of san Luis oaispo Special Events Procedures the Parks and Recreation Department in a manner compatible with the State of for distribution to all vendors. California Constitution and the United States Constitution and the laws of the State of 2. A 20-foot fire lane must be California and the United States. maintained at all time to allow access for emergency vehicles. 3. All motorized parade entries must have a 2A-10BC fire extinguisher available. XXX. STREET SWEEPING All streets used as a parade route must be swept clean by a street sweeper after the event. City personnel may be used for this purpose at the hourly cost listed in the fee schedule. If City personnel are not used, the sponsor is responsible for making arrangements for street sweeping with a private party and must notify the City of the arrangements which have been made. XX G. AFTER ACTION REPORTS One week after the event, and After Action Report is sent to all affected departments to complete and return, indicating total departmental costs and any comments or concerns which would benefit facilitating next year's event. If necessary, a de-briefing meeting of the sponsor and affected City departments will be set up to discuss the event and any needed changes for the future. XXXII. COMPATIBILITY WITH STATE AND FEDERAL LAW AND CONSTITUTIONS It is the intention of the City Council and the people of the City of San Luis Obispo that these policies and procedures be interpreted /-36 10 Attachment 1 ADMINISTRATIVE POLICY - CO-SPONSORSHIP OF SPECIAL EVENTS PURPOSE: For organizations to offer recreational, cultural, or educational activities with the City of San Luis Obispo which benefit or are of interest to the community DEFINITIONS: Co-sponsored activities are offered by an organization to the community for recreational, cultural, or educational value and which rely upon support from the City of San Luis Obispo for its operations. Organizations are responsible for planning, organizing, promoting and implementing the event with limited City support. The activity should be mutually beneficial for the organization and the City. A recognized organization is one whose goals and purpose are recreational, cultural or educational in nature and whose membership is open to the public. Organizations must have an elected board and a set of bylaws. GENERAL POLICIES: 1. The City supports special events and activities which benefit the community. 2. For co-sponsorships, the organization shall be responsible for planning, organizing, promoting and implementing activities. The City shall act as a resource for staff support, maintenance, safety, facilities and equipment where appropriate and within financial constraints. 3. Co-sponsored activities shall further City-wide goals in the areas of recreation, cultural arts, and education. 4. The organization must provide general liability insurance in an amount to be determined by the City's Risk Manager. A certificate of insurance with an endorsement naming the City as additional insured on the policy must be received by the City 10 days prior to the activity. 5. Organization is responsible for all fees and permits as it pertains to the activity. Reduced fees or fee waivers must be requested in writing to the City Administrative Officer 30 days prior to the event. Fees will be charged for park usage, special event permit, staff time, equipment, facility rentals, and maintenance. 6. Events promoting alcohol or tobacco use or sponsored by such companies will not be co-sponsored. 7. The City is not obligated to continue co-sponsorship arrangements once activity has concluded; organizations will be required to submit requests annually for co- 1 -,307 o-! 3 ? sponsorship endorsements with the City. 8. Council approval is required for events which: • involve multiple City departments • inkind support exceeds $500 (direct cash contributions not allowed) • require closure of City streets, parks or facilities • have the potential to generate large crowds • delay, impede or interfere with pedestrian or vehicular traffic • is likely to result in the need for public safety controls • the City is listed as a co-sponsor in promoting the event Approval at the department level may be given for those events which are solely affecting departmental operations or have a fiscal impact of less than $500. 12 f_38' Attachment 2 SPECIAL EVENT PERM[T APPLICATION Application for a special event to be held within the City of San Luis Obispo must be filed with the Parks and Recreation Department at least Go working days prior to the event. (check below each category which applies to your special event) PARADE STREET CLOSURE_WALK/RUN_PLAZA EVENT PARK USE NAME OF EVENT: EVENT DATE: EVENT LOCATION (Facility): TIME OF EVENT: ACTUAL TIME (w/setup &removal): DESCRIPTION OF EVENT: ZAINDATE: # PARTICIPATING: # ATTENDING: Name of Sponsoring Organization: Address: Non-Profit IRS # CONTACT PERSON: Name Address Home f.Work Phone CONDITIONS OR REQUESTS FOR THIS EVENT (check all that apply) [ ] Alcohol served or sold [ ] Animals (involved in event) ( ] Banner [ 1 Barricades and Monitors [ ] Lost Child Area [ 1 Open Flame or Propane [ ] Private Security ( 1 Paramedics [ ] Portable Restrooms [ 1 Recyclable Containers [ ] Signs (i.e.No-Parking) [ ] Special Fencing [ 1 Staging Area ( ] Street Sweeper ( ] Traffic Control 13 l �� Agreement for Approved Special Events: The undersigned,herein known as the applicant,understands and gees to be personally responsible for any damage sustained to the grounds,building,fixtures,or equipment,as a remit of their use of City property. The applicant certifies that he/she has:rad and agrees to the City's Conditions of Approval provided herewith;and ac- knowledges that additional conditions and fees may be required. The applicant further certifies under penalty of perjury under the laws of the State of California that the above information is a complete and accurate representation of the planned event. Applicant's Signature Date VERIFICATION OF NOTICE: (please obtain signatures below if event is held within SIA Downtown area) [ 1 Business Improvement Area Date [ 1 Chamber of Commerce Date Catholic Church Date (required for Mission Plaza use only) RETURN APPLICATION WITH LOCATION MAP TO THE PARKS&RECREATION DEPARTMENT, 1341 NIPOMO STREET,SAN LUIS OBISPO,CA 93401 14 Attachment 3 Approved May, 1994 Revised 3/17/98 CITY OF SAN LUIS OBISPO Banner and Flag Policy & Procedures A. BANNERS DEFINITIONS Banner: A sign which is installed across a public street, above traffic and is temporary in nature. Event: Any meeting, display, exhibit, parade or show that is open to the general public and takes place: 1. On public property within the City limits and for which the City has issued a permit specifically authorizing the use of said property. 2. On the Cal Poly campus for which Cal Poly has authorized the use of said property. Banners require a Parks and Recreation Department "Banner Application and Permit" and are exempt from the Municipal Code Sign Regulations. The Special Events Section of Parks and Recreation Department is responsible for the issuance of banner permits. PURPOSE AND APPLICATION Banners are displayed to inform the general public of upcoming events. AFFECTED CITY DEPARTMENTS Parks and Recreation Department Public Works Department (Parks & Street Divisions) Finance Department POLICY 1. A banner may be displayed only to announce an event. SLO Downtown Association holiday decorations may be displayed in lieu of banners during the months of November and December. 2. (a) The name of the event shall be printed in the largest and boldest type. (b) The location and date shall be printed in a type size smaller than that of the event. 1 l— 1� (c) The name and/or logo of the non-profit organization sponsoring the event may be displayed in a type size smaller than that of the date and location. (d) Other messages or statements are strictly prohibited. Examples: An Old-Fashioned Fourth of July July 4' Mission Plaza City of San Luis Obispo Rib Cook-Off Thursday Night Farmers' Market Business Improvement Association SCOUT-A-RAMA Mission Plaza August 12th Boy Scouts of America 3. Banner wording shall be approved by the City prior to issuance of a banner permit to insure consistency with this policy. The approved wording shall be in the form as shown above and plainly stated on the banner permit. Existing banners which meet the intent but not exact form as shown above shall be allowed until replaced or changed. Deviation from the approved wording is cause for the city to either refuse to install or to remove any banner. 4. Banners shall be installed for a period of one (1) calendar week. A single banner or multiple banners advertising the same event shall not be hung in consecutive time slots. Major events or festivals of at least two weeks'duration may be allowed a banner at a single location for a two-week period ( a-greater than 16 calendar days) if it is demonstrated to the satisfaction of the Parks and Recreation Department that the major event or festival has at least ten (10) prescheduled activities or concerts (broadly publicized and open to the general public for a fee or free) extending over a two-week period. 5. Banners and flags shall be installed and removed by the City's Parks and Streets Division. 6. Banners shall be installed and removed on Mondays. NO EXCEPTIONS! 2 /`�,/� 7. A minimum banner permit fee will be charged. If the City installs and removes the banner, an additional fee shall be charged, which is representative of the City's estimated costs associated with the installation/removal of banners. (Note: All fee updates are processed through the Director of Finance and approved by resolution of the City Council.) 8. The San Luis Obispo Downtown Association is partially sponsored by the City of San Luis Obispo. Therefore, all fees charged to the SLO Downtown Association will be fifty (50) percent of the normal fee. All banners installed for an event or non-profit organization which is financially co-sponsored by the City or SLO Downtown Association will be charged fifty (50) percent of the normal fee. Events which are solely City-sponsored events will not be charged a fee. 9. A new banner schedule shall be established each year by January 10. Banner permit applications from the City and SLO Downtown Association shall be received no later than December 1 of the prior year. All applications from the public shall not be accepted prior to the first Wednesday of January (excluding holidays) and permits will be issued on a "first come, first served" basis. Banner space shall not be reserved, except through the issuance of a banner permit. 10. Banner specifications. Maximum banner size: 4 feet wide x 24 feet long, constructed of a fabric which will be able to withstand typical weather conditions. Support lines shall be 40 feet long with the banner centered. Support lines shall be '/4 inch nylon rope top and bottom, double-stitched across the full length of the banner. Each comer shall be quadruple-stitched for 1 foot from each comer and across the support lines. Banners over 12 feet in length and 2 feet in width shall have wind relief cuts, 1 foot on center (4 inches x 4 inches, horseshoe cuts). PROCEDURE By December 15 of each calendar year, a schedule for the upcoming year of City and SLO Downtown Association banners shall be established. All City departments and the SLO Downtown Association wishing to reserve a banner location and time shall do so, in writing, prior to December 1 with the Parks and Recreation Department. Once all initial City and SLO Downtown Association banners are reserved, all other banner requests (including subsequent City and SLO Downtown Association banner requests) shall be reserved on a first-come, first-served basis. NO EXEPTIONSI Upon receipt of a written request to hang a banner, the Parks and Recreation Department shall verify that the proposed banner complies with City. policy and specifications. If staff is uncertain whether a banner complies with City policy, the matter shall be referred to the Parks and Recreation Director for review/approval. A "Banner Application and Permit" shall be completed and issued and all appropriate fees collected before any banner is installed. Banner permit forms are located at the Parks and Recreation Department, 1341 Nipomo Street. After a banner permit is completed, the original permit is routed to the City Arborist (Parks Division), a copy is given to the permittee and one copy is filed in the Banner Permit File. At the end of each calendar year, the banner schedule (calendar) and issued permits are removed from the Banner Permit File and placed in an archive file in the Parks and Recreation Department until disposal. B. SLO DOWNTOWN ASSOCIATION FLAG CONTRACT Flags in the Downtown core fall under the sole jurisdiction of the SLO Downtown Association and are subject to the guidelines described below. DEFINITIONS Flag: A decorative sign hung vertically from horizontal supports attached to a City street light in the downtown core. PURPOSE Flags are displayed to inform the public of upcoming events and/or decorate the downtown in conjunction with the organization's downtown event. POLICY 1. Participants must be a nonprofit (501 c3) organization or other eligible not- for-profit organization. 2. The event or activity promoted on the flag must occur in the SLO Downtown Association district or promote the SLO Downtown Association goals and programs of promotions and beautification. 3. The name of the event or activity shall be displayed on the flag and may also include date and agency. No other messages, statements, names or paid sponsors' logos are allowed. 4 i-�� Example: Mardi Gras February 21 Mystic Krewe of Karnival 4. All participants must purchase products and services through the SLO Downtown Association program. 5. All sponsoring organizations must sign a contract for a specific period of time during the year, not to exceed six weeks, and this period of time shall be reserved for up to three consecutive years, as determined by the SLO Downtown Association, at which time the application may be renewed. 6. When a contract is not renewed by an organization, all local non-profit agencies will be provided an opportunity to apply for the vacancy, pursuant to the terms of the policy. 7. All participants' artwork and messages will be subject to approval by the SLO Downtown Association to insure consistency with the policy. 8. A maintenance/administration fee will be assessed per flag per day while on display. 9. Any art changes to flags will be billed to permittee. PROCEDURE Organizations shall apply to the SLO Downtown Association at any time during the year. Applications will be reviewed by the SLO Downtown Association Beautification Committee and are subject to acceptance on a first-come, first-served basis. Applications are available at the SLO Downtown Association office located at 1108 Garden Street, Suite 209. If accepted, a permit will be issued with one copy given to the permittee and one filed at the SLO Downtown Association office. s /_yrs Attachment 4 lel oBispo�� Gly O Sal'1 1Sy PARKS AND RECREA'T'ION DEPARTMENT• 1341 Nipomo Street•San Luis Obispo,G 93401 BARMIER PERMIT APPLICATION Please submit the completed Banner Permit Application and fees to the Parks&recreation Department no later than two weeks prior to the install date. Upon approval, a Banner Permit will be issued to the Fermittee. The Banner Permit Fee is 5127.00. If you have any questions,please call (805)) 751-7303. PERMITTEE: ADDRESS: CONTACT PERSON: PHONE: S ) EVENT: EVENT DATE: BANNERLOCATION (checkone)::: a-:, ( ::).:H.lgtxera'Siaeetz': ( )Maish`$iieet �". INSTALL DATE: (Monday) REMOVE DATE: (Monday) BANNER WORDING .(lettering shall not be.l6s f an 6" in height) LINE #1: LINE #2: LINE#3: LINE#4: The City of San Luis Obispo Public Works Department will install and remove the banner. All banners must be delivered to the City's Corporation Yard, 25 Prado Road, at least two working days prior to the installation date. Banners which are not delivered on time may not be installed. All banners must be picked tip from the City's Corporation no later than two working days following the removal date. Banners not picked up on time will be stored for a period not exceeding 30 days at a rate of$5.00 per day; after 30 days,the banner will be disposed of. SIGNATURE: DATE: Print Name: OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805)781-7410. 19 /-416 Attachment 5 City O sAn suis OBIS PARKS AND RECREATION DEPARTMENT• 1341 Nipomo Strcet•San WS Obispo.G 93401 ALCOHOL BEVERAGE CONTROL (ABC) LICENSE REQUEST (For Special Events within San Luis Obispo) Date of Application Request to Sell (Beer,Wine, Spirits) Name of Event Date(s) of Event Time(s) of Event Location of Event Number of People Attending Name of Organization Name of Contact Person Address Work Phone Home Phone CITY APPROVAL GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Sponsor shall provide city with Certificate of Insurance and Endorsement in the amount of $1,000,000 showing General Liability, Property Damage, and Liquor Liability and name the City of San Luis Obispo as an additional insured. 2. Beverage containers shall be aluminum cans and/or recyclable plastic containers identified by the recycle triangle with a number 1-7 on the bottom. 3. All alcoholic beverages are to remain in the designated area. Individuals found in areas of public access with alcohol will be subject to the citations for violation of SLOMC 9.04.010. 4. If the event is to be held outside, warning signs must be posted at the location of sales, including exists, specifying the designated area. 5. All sales of alcoholic beverages must stop 30 minutes prior to close of event Linda Fitzgerald, Recreation Manager I Date /© The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. v Telecommunications Device for the Deaf(805) Ml-7410. 20 /- 4/7 x.ALIFO N AA S Attachment 6 M` r r y y r K W G o i CY LN 4 ST. L71 AVE. c TORO- ORO ST ... r y y y •� y N 40 O • 2 3 - a •�••�..o '� u • o. `M ••. a IANTA RQSA V SANTA OSA I _ l «. OSOSIJSOS ST c • MORRO aI [ m MORRO y a RRO CHORRO ST. mn 0 E B j GaR ARRE� CT. {\�7 N. BROA ?' rw V r e y ooc 008 f' = F ••+ BROADs 'T BROAD ST. Q y i Lrp- � !l N-CMD L �•I 0 006 ;00I O011 OOZl OOTl OOfl i Y • y: 01 o n a .... ,4.. ..: BEACH I � � CARMEL FST � \ y I 1 A UVI y o I ss x �Or Z p1 1O n yb � a ARCHER ST. Di 'rid VALKER I ST. if a Q21 / X4/8 i J I_� I SFO AST. N F N Y Q � W o `2 PENNY Ltd JGHNS AVE. p TORO ST, ORO ST .. H N H N ti N N • J o' U J •• W • ... y U F r 2 • O ••� S = `+� ••• a ANTA ESANTA OSA C4 [j OSS ■/'yam, `� ESCSST M[MDRRI3 GRRO� C N F N [R]fM CHORROI ST. o �• � GAR '.•.. _�9RRE� CT. ' N. BRGA 0 009 • • BROA •S BROAD ST. d j • W N � N • Q 4: . S o p d. .2 • W y y x NIPGMO ••i. . x 2 N P MG m 006• �+ D001 00l l OOZ L• ; OSE l OOt l I e v 6 1Q�O •• �•. :.... � c �i1•a xxZm a ST. Y j CARMEL ST. F y �j • F ..•w�I � N W o n 2 a a � iii I "' i0 � "rte ARCHER VALKER :ST.. T. 3 I 22 / - Y9 Attachment 7 N All, a � 00 N 00 [� I W INO N w r O UGn ,4 [—' o U -° oo V1 O d > Qa Q 3 � O � 3 O � �.N ..y n N W UOO z � � OUB O a� 3 3 � O 3 O o H 23 �-sa Attachment 8 i1IIIflNllllllllll� �►������III IIlII III city of sAn Wis. oBispo PARKS AND RECREATION DEPARTMENT• 1341 Nipomo Street•San Lois Obispo,G 93401 SPECIAL EVENT NOTIFICATION Date: NAME OF EVENT: DATE & TIME: SPONSORED BY: Dear Business Owner and/or Resident of San Luis Obispo: The San Luis Obispo Parks & Recreation Department has approved a request for a Special Event which requires your street and/or surrounding street(s) in your area to be closed. The scheduled event stated above requests the closures during the following hours: STREET CLOSURE TIME: Special Event barricade monitors will allow delivery trucks, transit vehicles, and/or trash collectors through the barricades to their designated destination. General access onto the closed streets will not be allowed unless a special permit pass is issued. If you need additional vehicles allowed onto the street (i.e., to park in a permitted parking lot), you must request a special event permit pass from the contact person listed below no later than one week prior to the event. These special passes are issued by the Parks & Recreation Department upon request from the sponsor only. (Access through the barricades will only be permitted by the attending monitor when it is safe to do so.) contact person: phone.:- If hone:If you have any questions or need further information, please feel free to contact Carolyn Munshaur in the Parks& Recreation Department at 781-7303.Thank you for your assistance. Paul LeSage Parks & Recreation Director OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. ® 24 Telecommunications Device for the Deaf(805)781-7410. c —J 1 Attachment 9 city of sAn lolls oBispo FIRE DEPARTMENT 2160 Santa Barbara Avenue•San Luis Obispo.CA 93401-5240.805/781-7380 "Courtesy &Service" SAN LUIS OBISPO CITY FIRE DEPARTMENT SPECIAL EVENT PERMIT Name of Event: Date of Event: Name of Participant (print): Name of Business: Address: Phone: THIS PERAIIT MUST BE SIGNED AND IN YOUR POSSESSION DURING THE ENTIRE EVENT. ALL BOOTHS AND VENDORS SHALL BE SUBJECT TO INSPECTION BY THE FIRE DEPARTMENT PRIOR TO THE EVENT. VENDORS AND PARTICIPANTS SHALL COMPLY WITH THE CONDITIONS OF THIS PERMIT. FAILURE TO COMPLY WITH THESE RULES MAY RESULT IN THE CLOSURE OF YOUR BOOTH FOR THE REMAINDER OF THE EVENT. • Propane cylinders and appliances must be U.L. approved. No "homemade" manifolds or heating devices are allowed. 0 All booths using open-flame devices of any kind, or propane, must have at least one (1) 2A-10-BC rated fire extinguisher located at the exit of the booth. • The use of gasoline is prohibited. • White gas or Coleman-type fuel may be used only when stored in a U.L. approved safety can with a spring-loaded closing lid and pressure relief. The maximum amount allowed shall be 1 gallon per booth. • When deep-fat fryers are used, an additional 40-BC rated extinguisher is required. • All open-flame devices shall have adequate clearance from combustibles, such as decorations, to prevent the accidental spread of fire. • A 20-foot fire lane must be maintained at all times. Check with the special event sponsor to be sure your booth does not extend into the fire lane. Booths extending into the fire lane shall be moved immediately. For questions concerning the conditions of this permit call the City Fire Department at 781-7380 or ask your pecial event onsor for information. Darren Drake, Fire 6arshal Participant's Signature The City of San Luis Obispo is committed to include the disabled in all of its services. programs and activities. Telecommunications Device for the Deal(805) 781-7410. 25 1-5a. Attachment 10 CITY-WIDE SPECIAL EVENT COSTS and SERVICES City Provided Services (no cost to sponsor) Event Administration Risk Management Fre Inspection Basic police services Monitor training Public Works Maintenance required service review Barricades self-pickup/setup w/$100 deposit Parking review and fee losses Engineering route review Transit route review Sponsor Paid Costs (charged against the deductible) 1 T It M * 4 4 } OP Ak..i + � VIA r- y �3LC .. w m y Y .LYL � -v TO 1 PARADE X C/O X X X C/O 2 MISSION PLAZA X C/O X X X WA 3 PARK EVENT N/A C/O X C/O X N/A 4 STREET CLOSURE A/C C/O X C/O X WA 5 WALKIRUN X C/O X N/A X N/A 6 MULTI-FACILITY A/C C/O X C/O X N/A 7 ROLLING ROAD BLOCKS N/A C/O X N/A X WA X =Sponsor must pay = Services required will be determined by City staff C/O =City staff or approved Outside resource may be used (sponsor must pay) N/A = Not Applicable in most cases A/C = Actual Cost Prepared by CSLO 9/17198 26 �i�����Ii►III!!ll�i�°d ��� N�p city lob mill-illimsan WI s OBISPO CHECK LIST FOR SPECIAL EVENTS ❑ City Co-SponsorshiR. City co-sponsorship must be approved in advance by the City Council. Application for co-sponsorship must be made 90 days in advance of the event. ❑ Auolication. A completed Special Event Application Form must be filed with the Parks and Recreation Department Special Events Coordinator no less than 60 days prior to the event. Shorter application deadlines for events which enjoy First Amendment protection under the U.S. Constitution are found in the Special Events Ordinance and Special Events Procedures. ❑ Banner Permit. A banner permit must be obtained annually. Reservations for a permit can be made after the fust Wednesday in January, on a first-come, first-served basis. ❑ Alcohol Beverage Control (ABC) Permit. Any event at which alcohol is to be sold requires an ABC Permit. Application must be made to the ABC Department. The City's Special Events Coordinator can provide advice on this process. ❑ Evaluation by City Departments. Major special events will be evaluated and approved by all affected departments prior to a Special Events Permit being issued. ❑ Special Event Permit. Once approved, a Special Event Permit will be issued by the Special Event Coordinator within two weeks of application being made. ❑ Fees. There is a non-refundable special event fee which must be paid upon application. There are other fees for hanging of banners and facility usage. The current fee schedule may be obtained from the Special Events Coordinator. ❑ City Services Charges. Certain basic City services are provided to all sponsors. Additional charges must be paid for other services. The Special Events Coordinator will provide the current fee schedule and a list describing basic services and those services requiring payment. There is a "deductible" which will be applied before determining any required payment. Payment for services must be made at least 10 days prior to the event. ❑ Insurance Requirements. A Certificate of Insurance and policy endorsement naming the City as Additional Insured covering general liability and property damage must be submitted no less than 10 days prior to the event. If the event includes selling alcohol, the coverage must include Liquor Legal Liability. Events which enjoy First Amendment protection under the United States Constitution are provided with several insurance options in the Special Events Ordinance and Procedures. 1541 ❑ Indemnification Agreement. Prior to the issuance of a Special Event Permit, the sponsor must sign an agreement indemnifying the City from liability and damages. This agreement may be obtained from the Special Events Coordinator. ❑ Standard Parade Routes. The City has established two standard parade routes. All parades must use one of these routes. The routes are designated in the Special Events Procedures. ❑ Parking Control Signs. When a special event involves a street closure the sponsor must post parking control signs on meters along the route at least 24 hours prior to the event. A sample of an appropriate sign will be provided by the Special Events Coordinator. Signs and rubber bands must be removed immediately after the event. ❑ Notification of Street Closures. All residents or businesses within a area closed off for a special event must be notified of the street closure and of any arrangements to meet their parking needs. A sample letter and address labels will be provided by the Special Events Coordinator. ❑ Barricades. If needed, the City will make available as many barricades as may be safely released. The Public Works and Police Departments will establish the proper placement of barricades. The City will deliver and pick up all barricades required for parades or Mission Plaza events and charge the sponsor for this service. ❑ Monitors. Any street closure requested by a sponsor will require the sponsor to provide monitors for the barricades used to close the streets. The number of monitors will be determined by the Police Department. Parades will also require monitors along the parade route. Monitors must attend a City training session prior to the event. ❑ Safety Plan. The sponsor of any special event which the Risk Manager determines to involve unusual safety concerns may be required to submit a written safety plan to address those concerns. ❑ Fire Regulations. All vendors and booths at a special event are subject to a fire inspection prior to the start of the event, and must have a completed Fire Department Special Event Permit at the inspection. The Special Events Coordinator will provide this permit. 20-foot fire lanes must be maintained at all times. All parade entries must have a 2AlOBC fire extinguisher available. ❑ Street Sweeping. 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R• I a I g ®©® MErT1 G AGENDA DX ITEM # ' council memoizanbum October 20, 1998 TO: City Council VIA: John Dunn, City Administrative Offic FROM: Wendy George,Assistant to the CAO SUBJECT: Change to Attachment A of the Special Event Fee Resolution CAO RECOMMENDATION: Amend Attachment A to the Special Events Fee Resolution to include the cost of portable restrooms in the "Sponsor Paid Costs" matrix for City sponsored or co-sponsored events only. DISCUSSION: At the October 6, 1998, Council Meeting, several Council Members indicated that when portable bathrooms were originally purchased by the City they were intended to be used for Mission Plaza and other special events, as well as for Farmers' Market. Current City staff was under the impression that the bathrooms could only be used for Farmers' Market. Research discovered a resolution which implies that the portable bathrooms could, indeed, be available for Mission Plaza and other special events. However, staff believes that such an open-ended policy should not be implemented for reasons related to cost, use of staff time and competition with the private sector. There is considerable staff work effort involved in moving the restrooms to an event site, removing them from the site and cleaning them after use. This fact is likely the reason that the current practice evolved to minimize their use,thus preserving the time of employees involved in these efforts for their primary work tasks. There is also additional wear and tear on the structures as frequency of use increases. Because of the need to pay overtime minimums to regular employees who would perform delivery and pickup on weekends, when most special events occur, the cost to the City could be as high as $300 per bathroom unit to make them available. This cost is less for Farmer's Market, since there are regularly assigned temporary employees who have this responsibility. The proposed fee resolution establishes a $1,000 City-paid "deductible" for Sponsor Paid Costs. Even with the $300 cost, it is possible that some sponsors will be able to use the portable bathrooms at no actual cost to their event. When this occurs,the City will find itself in a position of potentially competing with private vendors of portable restrooms who would require a rental fee. Staff sees no way of avoiding this possibility, assuming a desire offset part of the cost of each special event. �NCIL ❑CDD DIR 0 FIN C19 0 ❑FIR--C::::: RNEILMEFKIORIG Y ❑ DIR �P0 C CE b,1 13UTIL DIR p O PERS DIR 1 Given these concerns, staff is recommending that the portable restrooms only be made available for special events which are City sponsored or co-sponsored. ALTERNATIVE: The Council could direct staff to establish a special fee for the use of portable bathrooms to be charged outside the $1,000 deductible. Based on the actual costs to the City, this fee would likely be $300, if pick-up and delivery is done by regular City staff on overtime. The portable bathrooms could then be made available to all event sponsors. It is likely that if event sponsors were required to pay this fee, regardless of the deductible, they would seek out more competitive prices from the private sector. Attachment: Revised Attachment A- Special Events Fee Resolution ATTACHMENT A CITY-WIDE SPECIAL EVENTS COSTS and SERVICES City Provided Serices (no cost to sponsor) Event review and processing Insurance and risk review Fire Inspection Basic police services Monitor training Public Works Maintenance required serice review Barricades self-pickup/setup w/$100 deposit Parking review and fee losses Engineering route reiew Transit route review Sponsor Paid Costs (charged against the deductible) 6 W 0 > W 1- Q 4 O in ze 6 vCA o LU W IL S D J C uJ a < W S CV # TYPE 1 Parade X I CIO X' X X X CIO CIO 2 Mission Plata X CIO X' X X X WA C/O 3 Park Event WA C/O X° X C/O X NIA CIO 4 Street Closure AIC C/O X' X CIO X N/A C/O 6 Walk/Run X C/O X• X NIA X NIA C/O 6 Multi-Facility AIC CIO X. X C/O X NIA NIA 7 Roiling Road Block WA C/O X` X WA X NIA WA X= Sponsor must pay •= Need will be determined by City Staff CIO= City provided or approved Outside resource may be used (sponsor must pay) WA= Not Applicable in most cases AIC= Actual Cost @@-Portable restrooms available for City sponsored and co-sponsored events only.