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
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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
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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
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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.
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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