HomeMy WebLinkAbout2008/04/01 Item 4
CITY COUNCIL
AGENDA STATEMENT
APRIL 1,2008, Item1:l:--
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA TO RESCIND COUNCIL POLICY #102-04 AND ADOPT A
POLICY ESTABLISHING AN ADMINISTRATIVE PROCESS FOR
BLOCK PARTIES AND SPECIAL EVENTS, ESTABLISHING A
CRITERIA TO ENSURE APPROVAL FOR EVENTS AND
ESTABLISHING A FEE STRUCTURE FOR ADMINISTRATION OF
THE PROGRAM
DIRECTOR OF COMMUNICATIONS tV//
CITY MANAGER ~ '/ -IG r .J::>,t! G;
4/5THS VOTE: YES D NO ~
SUMMARY
The City Council previously approved a policy establishing an administrative process to
seek permission to hold residential block parties subject to certain limitations and City
Manager approval. (Council Policy #102-04; Block Parties). The Office of
Communications, under the auspices of the City Manager, has been administering the
Block Party program for the past five years. The City Manager, through the Office of
Communications, has also informally been approving special events under the guidelines
of Council Policy #102-04. Adoption of the resolution rescinds Council Policy #102-04
and adopts a new policy that addresses block parties, special events and establishes a
permit process which authorizes the issuing of a permit subject to certain preconditions
being met.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed actIvIty for
compliance with the California Environmental Quality Act (CEQA) and has determined
that there is no possibility that the activity in question may have a significant effect on the
environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thus, no environmental review is necessary.
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APRIL 1,2008
ItemL
Page 2 of2
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
Since 1972, the City has been permitting block party requests under Council Policy #102-
04. Approximately 5 years ago, the permitting process moved from the City Manager's
Office to the Office of Communications.
The Office of Communications has also been informally permitting Special Events such
as parades, marathons, fun runs, street fairs, community festivals, etc. Staff now seeks to
formalize that permit process by rescinding Council Policy #102-04 and adopting a new
policy which establishes an administrative process for approval of block parties and
special events, establishes criteria to ensure approval for events is uniformly granted for
all qualified applicants, and establishes a fee structure for administration of the program.
By adopting this policy, the City Council delegates to the City Manager the authority to
grant Special Events Permits or Block Party Permits to any applicant who has shown
proof that he or she has met the established criteria for a special event or block party on
City owned, controlled, or maintained property. Administrative fees will be assessed for
both the Special Event Permit and Block Party Permit. City departments are authorized
to assess additional costs to recover expenses incurred should the special event require
City services (e.g. street closures, street sweeping, crowd control, etc.)
The permit criterion establishes time, place and manner limits and provides for a risk
analysis to determine the appropriate level of insurance.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
Adopting this policy does not create any fiscal impact. However, staff will soon bring
forward an amendment to the Master Fee Schedule establishing fees for Special Event
Permits and Block Party Permits.
ATTACHMENTS
Special Events and Block Parties Policy
Prepared by: Stephanie Kingston. Special Events Planner, Office of Communications
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COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SPECIAL EVENTS AND BLOCK POLICY EFFECTIVE
PARTIES NUMBER DATE PAGE
4/1/08 1
I ADOPTED BY: (Resolution No.) I DATED: 4/1/08 I
SPECIAL EVENTS
Permits for special events on City owned, controlled, or maintained property shall be issued upon
proof the established special event criteria have been met and subject to certain preconditions being
met as follows:
1. A Special Event Permit must be completed and submitted to the Office of Communications at
least 45 days before the start date of the event in question.
2. A nonrefundable administrative fee must be submitted to the Office of Communications with
the special event permit.
3. Late and incomplete applications may not be processed.
4. All insurance requirements must be filed and processed with the City's Risk Management
Department 20 business days prior to the event in order to receive a final, approved special
event permit.
5. The applicant will receive a conditional notice of approval or notice of denial within 20
working days of submission of the special events permit application.
Final, full approval is contingent on completion of all outstanding paperwork, fees, deposits,
and insurance requirements, noted on the conditional approval.
6. A Special Event Permit shall be required for the following activities:
a. An organized formation, parade, processional or assembly of more than one
hundred (100) participants (may include people, animals, vehicles or any
combination thereof); that assemble or travel in unison on any public street,
highway, alley, sidewalk or other public walk.
b. Any organized formation, parade, procession or assembly which either (1) may
impede, obstruct impair or interfere with free use of a public street, highway, alley,
sidewalk or other public way owned, controlled or maintained by the City or (2)
does not comply with normal or usual traffic regulations or controls.
c. Any activity on public property that could reasonably be expected to require
provision of public safety or clean up services.
d. Any activity on public property that involves the placement of a tent, canopy, or
other temporary structure (e.g. stages, bleachers) if that placement requires a permit
from the City's Fire Department or Building Division.
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SUBJECT:
SPECIAL EVENTS AND BLOCK
PARTIES
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
4/1/08
I DATED: 4/1/08
PAGE
2
I ADOPTED BY: (Resolution No.)
This includes but is not limited to:
Parades
Marathons and fun-runs/walks
Motorized vehicle races or contests
Circuses, fairs and rodeos
Outdoor music concerts
Other outdoor cultural events and community festivals
Street fairs
Public speaker events
7. Exceptions to Special Event Permit requirements:
a. Funeral processions by a licensed mortuary
b. Activities conducted by a governmental agency acting within the scope of its
authority
c. Lawful picketing and free speech activities that do not involve the use of vehicles,
animals, fireworks, pyrotechnics or equipment (other than sound equipment)
d. Events conducted by local elementary schools, middle schools, high schools or
colleges that are conducted on their own grounds and property and will not
significantly impact traffic flow on surrounding public streets or pose a risk to
public safety.
e. Any religious activities taking place on premises approved and/or regularly used for
religious purposes
f. Filmmaking activities for which a filming permit has been requested and granted
g. Community/neighborhood block parties, where a block party permit has been
requested and granted
h. Standard sporting leagues/tournaments held within a City park or recreation field
and where all necessary facilities use permits and approvals had been requested and
granted by the Department of Recreation
1. Established entertainment facilities that have long-term contracts with the City, that
defme the conditions and requirements for conducting ongoing public events.
8. Insurance Requirements
The City of Chula Vista requires liability insurance for all special events on City-
owned, controlled or maintained property. The event organizer must procure
insurance against claims for injuries to persons or damages to property that may
arise from or in connection with the permitted event, including those arising from
th" ".-I;ons of the event onmnizer his al!:ents renresentatives emnlovees or
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SUBJECT:
SPECIAL EVENTS AND BLOCK
PARTIES
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
4/1/08
I DATED: 4/1/08
PAGE
3
I ADOPTED BY: (Resolution No.)
subcontractors and must provide documentation of the same before a final permit will
be issued. Event organizers must meet the following minimum requirements:
a Provide a Certificate of Insurance evidencing General Liability insurance for bodily
injury, property damage, and personal injury on a per occurrence basis. Limits to be
determined by the City's Risk Manager based upon an analysis of the risks associated
with the permitted activity.
b. Any deductibles or self-insured retentions must be declared to and approved by the
City.
c. The City of Chula Vista, its officers, officials, employees, agents and volunteers are
to be named as additional insureds with respect to liability arising out of the event.
d. Insurance is to be placed with licensed insurers admitted to transact business in the
State of California with a current A.M. Best's rating of no less than A-V.
e. Provide that policy is primary and non-contributory to any other insurance available
to the City.
f. Provide minimum of thirty (30) days written notice of cancellation of the policy for
any reason, other than non-payment of premium.
g. Provide other insurance as deemed necessary by the City's Risk Manager to "address
the risk associated with the event (i.e. Liquor Legal, Fireworks, Automobile,
Aviation, etc.)
h. If the event organizer is unable to meet the above requirements, it may be possible to
purchase event specific liability insurance via the City's Office of Risk Management.
Issuance of the insurance will be subject to underwriting criteria of the insurer and
may not be available for all types of events.
9. Common Grounds for Denial of Application
a. Application is submitted less than fifty (50) days prior to scheduled event start date
b. Application IS found to be incomplete or contain material falsehoods or
misrepresentation
c. Failure to meet insurance requirements
d. Requested venue has already been reserved on the same date for another
event/activity
e. Requested venue cannot physically accommodate the proposed event due to the
number of anticipated attendees or size/nature of planned activities
f. City staff cannot provide necessary services to ensure public safety or
prepare/maintain venue
g. Event organizer has violated the terms of previous event permits or damaged City
nronPrlv
4-::>
SUBJECT:
SPECIAL EVENTS AND BLOCK
PARTIES
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
4/1/08
PAGE
4
I ADOPTED BY: (Resolution No.)
I DATED: 4/1/08
h. Event organizer has unpaid debts resulting from previous events (e.g. fees assessed
for permits, city services, damages, etc.)
1. If the Office of Communications denies a special event application, an appeal may be
submitted in writing to the City Manager. If the City Manager's Office upholds the
denial of the application, a final appeal may be presented in person at the next City
Council meeting, by filing a speaker request in advance with the City Clerk's Office.
10. Fees
a. A nonrefundable administrative fee must be submitted to the Office of
Communications with the special event permit.
b. City departments that provide services that are made necessary by the event, before,
during or after the event, are authorized to assess charges for cost recovery of the
services provided. (i.e. street closures, street sweeping, crowd control, etc.) The
permit will be circulated to City staff where an estimate of fees will be determined
based on the information provided by the event organizer on the event application.
The Office of Communications will total the estimates and present the estimated
costs to the event organizer.
c. Should the event organizer not be able to afford the estimated City service fees, an
appeal may be presented in person at the next City Council meeting, by filing a
speaker request in advance of the meeting with the City Clerk's Office.
BLOCK PARTIES
Permits for block parties on City owned, controlled, or maintained property shall be issued upon
proof the established special event criteria have been met and subject to certain preconditions being
met as follows:
I. A request to the City for closing of a street for a block party will be referred to the City
Manager for investigation and approval.
2. The City Manager will determine feasibility of the requested closing by checking with the
Departments of Public Works, Police, Fire and other affected public utility agencies.
3. The closing ofa street for block parties is permissible for local residential streets only.
4. No street shall be closed for a block party more than once in a three-month period.
5. Signatures for 80% of all households within the party area indicating their consent for the
closure must be submitted with the application on the Signature Authorization Form found
within the block party permit.
6. The criteria for approval should be related to:
a. The general convenience of the affected residents on the street
b. Traffic safetv asnects involved
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COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SPECIAL EVENTS AND BLOCK POLICY EFFECTIVE
PARTIES NUMBER DATE PAGE
4/1/08 5
I ADOPTED BY: (Resolution No.) I DATED: 4/1/08 I
c. Any complications with scheduled street affected improvements such as gas,
electricity, water, re-surfacing, etc.
d. Any unusual impact in terms of provision of refuse collection
e. Approval will be subject to all other City ordinances and governmental restrictions
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RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TO RESCIND COUNCIL POLICY #102-04 AND
ADOPT A POLICY ESTABLISHING AN ADMINISTRATIVE
PROCESS FOR BLOCK PARTIES AND SPECIAL EVENTS,
ESTABLISHING A CRITERIA TO ENSURE APPROVAL FOR
EVENTS AND ESTABLISHING A FEE STRUCTURE FOR
ADMINISTRATION OF THE PROGRAM
WHEREAS, the City Council previously approved a policy establishing an administrative
process to seek permission to hold residential block parties subject to certain limitations and City
Manager approval (Council Policy #102-04; Block Parties); and
WHEREAS, the Office of Communications, under the auspices of the City Manager, has
been administering the Block Party program for the past five years; and
WHEREAS, the City Manager, through the Office of Communications, has also informally
been approving special events under the guidelines of Council Policy #102-04; and
WHEREAS, staff now seeks to formalize that permit process by rescinding Council Policy
#102-04 and adopting a new policy which establishes an administrative process for approval of
block parties and special events, establishes criteria to ensure approval for events is uniformly
granted for all qualified applicants, and establishes a fee structure for administration of the
program; and
WHEREAS, by adopting this policy, the City Council delegates to the City Manager the
authority to grant Special Events Permits or Block Party Permits to any applicant who has shown
proof that he or she has met the established criteria for a special event or block party on City
owned, controlled, or maintained property; and
WHEREAS, administrative fees will be assessed for both the Special Event Permit and
Block Party Permit; and
WHEREAS, City departments are authorized to assess additional costs to recover expenses
incurred should the special event require City services (e.g. street closures, street sweeping, crowd
control, etc.); and
WHEREAS, the permit criterion establishes time, place and manner limits and provides for
a risk analysis to determine the appropriate level of insurance.
J;\Attorney\RESO\POLlCY\Special Events and Block Parties Policy_04-OI-08.doc
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Resolution No. 2008-
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby rescind Council Policy #102-04 and adopts a policy establishing an administrative
process for block parties and special events, establishes a criteria to ensure approval for events and
establishes a fee structure for administration of the program
Presented by
Approved as to form by
Liz Pursell
Director of Communications
~~L\
Ann oore '
City Attorney
J:\Anomey\RESO\POLlCY\Special Events and Block Parties Policy_04-01-08.doc
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