Loading...
Staff Report - CH 14 Special Events Amendment Final PREPARED BY: MONICA RENN Economic Vitality Manager Reviewed by: Town Manager, Town Attorney, and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS TOWN COUNCIL REPORT MEETING DATE: 11/07/17 ITEM NO: 15 DATE: OCTOBER 18, 2017 TO: TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: FIRST READING AND INTRODUCTION OF AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING LOS GATOS TOWN CODE CHAPTER 14, ARTICLE X. - SPECIAL EVENTS RECOMMENDATION: Staff recommends that Town Council accept public comment and then move for the introduction and first reading of an Ordinance (Attachment 2), by title only, amending Town Code Chapter 14, Article X. - Special Events. BACKGROUND: At the May 16, 2017 Town Council Meeting, the Town Council approved the addition of a part time Events and Marketing Specialist within the Town Manager’s Office with the intent to bring the special events permit process and the planning of Town events under one position to streamline the process. The position was filled in June of 2017 and staff has spent the last several months reviewing and evaluating the Town’s special event permit process, benchmarking other jurisdictions’ processes, and working cross departmentally to prepare the proposed changes to the Town Code governing special events. DISCUSSION: In an effort to simplify and streamline the special event permit process, staff is recommending that the Town Council discuss and adopt the attached changes to the Town Code Section 14.100.010 (Attachment 1). The amendments to this section of the Town Code encompass PAGE 2 OF 5 SUBJECT: DISCUSS AND ADOPT THE PROPOSED AMENDMENTS TO TOWN CODE CHAPTER 14, ARTICLE X. - SPECIAL EVENTS. OCTOBER 18, 2017 S:\COUNCIL REPORTS\2017\11-07-17\Special Events Code Amendment\Staff Report - CH 14 Special Events Amendment Final.docx DISCUSSION (cont’d): amendments to definitions, the approval process and permit timeline, and general clarification and simplification of the Code language. In concert with the Code changes, staff is preparing materials to assist applicants through the special events permit process, including: specific details and clarifications on event logistics with examples, recommended timeframes for completing certain tasks prior to an event, and other supporting information. These materials will be compiled into a special event permit packet for each inquiry that is consistent with the proposed Code language and addresses a variety of details that vary greatly based on the scope and location of each application. By taking this approach, staff is able to provide a transparent process with increased customer service and clear direction for applicants and stakeholders. This approach is also more flexible to adapt to changing conditions and event needs rather than having the Code contain detail on application forms, conditions, etc. The most notable proposed changes include amendments to the permit fee structure, the definition section including the approving body, the approval process, and timeline for permit submittal. Permit Fee Structure In the Purpose and Intent of Section 14.100.010, staff is recommending the removal of the discounted rate for non-profit organizations and is recommending moving towards a single permit cost that is based more on cost recovery. If this is approved, staff will return with recommended fees in the spring when the Town Council considers and adopts the Fee Schedule for FY 2017-2018. Until this time, it is recommended that the current permit fee applied to non-profit organizations’ applications be the fee that is charged for all event applications. It is rare that a for-profit agency applies for a special event in Town and thus almost every appl icant pays the discounted rate. The proposed fee structure that is in development would include a base permit fee, and then additional fees based on the scope and location of the event (i.e. a fee if a major road closure is needed due to the extensive staff time that is r equired to review the traffic plan and implement safety measures). Additional changes to the fee structure is included in Section 14.100.040 of the redline version which adds language for the manner in which the estimated fees shall be collected prior to the event, and how additional fees may be assessed for unplanned Town services required during the event. Examples of such fees may include dedicated police presence during the event or PAGE 3 OF 5 SUBJECT: DISCUSS AND ADOPT THE PROPOSED AMENDMENTS TO TOWN CODE CHAPTER 14, ARTICLE X. - SPECIAL EVENTS. OCTOBER 18, 2017 S:\COUNCIL REPORTS\2017\11-07-17\Special Events Code Amendment\Staff Report - CH 14 Special Events Amendment Final.docx DISCUSSION (cont’d): staff time required for post event clean up that was not completed by the event organizers consistent with the conditions of approval. Definitions and Approving Body The definitions in Section 14.100.015 proposed amendments that allow for clarity in the permit process. These include: Conditions of Approval or Letter of Conditional Approval- Staff recognizes that an event cannot be fully approved until days or hours before an event will take place because of inspections that may be required by outside agencies such as the Santa Clara Co unty Fire Department or Department of Environmental Health (DEH). Adding this definition allows for conditional approval so that an event coordinator may plan and promote their event under a conditional approval, then once all conditions have been met and final inspections completed, the approved event permit may be issued. Special Event Permit- As noted above, once all conditions of approval have been addressed, an event permit is issued. The Town Code currently prohibits promotion of event prior to an approved event permit being issued. Free Speech Event- This amendment represents a change in the language which is currently called noncommercial special event, which has been confused with a non - profit event in the past. Staff is recommending Free Speech Event as a clarification to the Code language. Town Manager- Currently, this section of the Code defines the Chief of Police as the deciding body for special event permits. Staff recommends shifting the final approval authority to the Town Manager. Each permit application and the conditions of approval are vetted by the Chief of Police, Director of Parks and Public Works, and any other Department Directors whose staff or Department may have a role in the event. Each provide feedback and comments which are then addressed in the conditions of approval for the event. The Town Manager would then review and sign off on the final approval or denial of the event based on this information. Vendors- Staff is proposing this new definition for vendors so that we may address guidelines for event vendors including those providing food, beverages, entertainment, rental equipment, etc. This definition will allow staff to clarify guidelines for event PAGE 4 OF 5 SUBJECT: DISCUSS AND ADOPT THE PROPOSED AMENDMENTS TO TOWN CODE CHAPTER 14, ARTICLE X. - SPECIAL EVENTS. OCTOBER 18, 2017 S:\COUNCIL REPORTS\2017\11-07-17\Special Events Code Amendment\Staff Report - CH 14 Special Events Amendment Final.docx DISCUSSION (cont’d): vendors and allow events the ability to hire outside vendors including mobile food and entertainment vendors. With a special event application, events could hire multiple types of vendors to be at their event, within the designated area providing food, beverages or services at the event. After much discussion at the Policy Committee level, this recommendation was included to give flexibility to event coordinators whether the vendor was operating from a booth, truck, or other arrangement. With this definition in the Special Events section of the Code, the Town could disallow food trucks from being in Town without an approved special event permit, unless parked legally as allowed by the California Vehicle Code Section 22455. As required currently, all vendors would be required to obtain a business license and obtain or provide proper licensing for any outside regulatory body that oversees their operations (DEH, fire department, etc.). Approval Process and Timeline for Submission Currently, the Town Code requires event permits to be filed no less than sixty days before the proposed event. Through staff’s own experience in Town, internal discussions, and benchmarking, it is being recommended that this minimum be increased to ninety days. This allows for a more thorough review of the event permit application and the ability for events to modify their plans to meet the conditions of approval set forth in the permit. Event permit applications may be filed as early as one year before the proposed event, thus larger scale events have the ability to start planning for their events prior to the proposed ninety -day minimum. For series events, such as concerts and the Farmers Market, staff recommends that the Town Council approve a contract that grants consent of the use of Town property for the event, and requires an event permit to be filed within a specific time frame so that the condition applied to the event are provided in one location and format. It has been staff ’s experience that contracts with extensive event details can limit how the conditions of approval are written and create confusion for event organizers and staff. Aside for the changes noted above, the proposed amendments include a reduction in some of the specific language regarding the application process and requirements. These requirements are a part of the special event permit process and are being included in the packet of required documents. As staff works with each applicant, requirements and conditions of approval may be tailored to fit the event location and scope. PAGE 5 OF 5 SUBJECT: DISCUSS AND ADOPT THE PROPOSED AMENDMENTS TO TOWN CODE CHAPTER 14, ARTICLE X. - SPECIAL EVENTS. OCTOBER 18, 2017 S:\COUNCIL REPORTS\2017\11-07-17\Special Events Code Amendment\Staff Report - CH 14 Special Events Amendment Final.docx CONCLUSION: Staff is recommending that the Town Council discuss and adopt the proposed amendments to Town Code Chapter 14, Article X. - Special Events. ENVIRONMENTAL ASSESSMENT: It has been determined that there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). COORDINATION: The preparation of this report was completed by the Town Manager, Town Attorney, Interim Police Chief, Economic Vitality Manager, and Event and Marketing Specialist. FISCAL IMPACT: No change will immediately occur with the adoption of the Town Code amendments, however once fees are adjusted effective July 1, 2018, staff expects the Town will realize more of a cost recovery scenario with event permits. Attachments: 1. Redline version of Town Code Chapter 14 Article X. – Special Events 2. Proposed ordinance