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Staff Report 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: 01/16/18 ITEM NO: 15 DATE: December 21, 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. 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 amendments to definitions, the approval process and permit timeline, and general clarification and simplification of the Code language. PAGE 2 OF 4 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 December 21, 2017 S:\COUNCIL REPORTS\2018\01-16-18\15 - Special Events Code Amendment\Staff Report FINAL.docx BACKGROUND (cont’d): 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. Staff brought a draft amendment to the Council on November 7, 2017. After some discussion, the Council moved to also include a definition for block parties with a 60-day application period, and introduce the first reading of the draft ordinance. The motion was unanimously approved. On November 21, 2017, the item came back to the Council on consent for the second reading of the draft ordinance. A member of the public pulled the item off of the consent calendar and asked the Council to revisit the language and intent of the proposed ordinance change, include the service clubs as part of the discussion, and set a date in January to discuss. A motion was made to set a date and advertise for a new public hearing for the matter to be considered on January 16, 2018 and passed 4 to 1, Council Member Jensen voting no. DISCUSSION: Following the discussion at Town Council on November 21, 2017, staff reached out to the event organizers to share an update on the November 21 Town Council meeting and invite them to a meeting with staff to discuss the proposed changes, and invited any feedback on the Code amendment to also be provided in writing so that staff could fully vet any concerns being raised. A meeting was held on December 6, 2017 at the Library to discuss the ordinance amendments. Staff walked through the changes and invited questions along the way. Eleven event organizers attended the meeting. PAGE 3 OF 4 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 December 21, 2017 S:\COUNCIL REPORTS\2018\01-16-18\15 - Special Events Code Amendment\Staff Report FINAL.docx DISCUSSION (cont’d): Through this discussion, the staff became aware that the amendment that caused the greatest concern for a few of the organizers was the omission of the sentence in Section 14.100.010. – Purpose and Intent that read: Special events sponsored by nonprofit organizations to raise funds for charitable purposes provide a community benefit which warrants a reduction in fees for public services to the greatest extent possible. Staff removed this sentence for the purpose of removing the discount or reduction of fee s language, and not to exclude the value or community benefit provided by nonprofit organizations that raise funds for charitable causes. Attachment 1 includes the redlined version of the draft ordinance provided to the Council on November 7, 2017 with the additional language regarding block parties included as directed in the Council’s motion at that meeting. In addition, the blue text on Attachment 1 contains further amendments now being proposed including an update to the purpose and Intent to reflect the feedback from the community meeting on December 6. Attachment 2 contains a clean version of the draft ordinance being proposed to the Council for discussion at this time. At the time this staff report was written, staff had received one public comment (Attachment 3) with suggested edits to the draft ordinance. Many of the comments related to the structure and format of the Town Code. Staff has not incorporated these in order to maintain the consistency in the format currently used in the Town Code. The public comment requested that “appropriate specifics and timelines” be added to the Code, however given that timelines and event specifics are often circumstantial, these items are better suited to be addressed procedurally through the event permit process. In addition, the public comment requested that the Town Manager have the ability to waive event permit fees if the cost is burdensome to the sponsor. Staff does not recommend the addition of this language. The Town is currently undergoing a comprehensive review of the Town’s fee schedule which will include event fees. Funding assistance in the way of in-kind funding or grants may be given by Council direction without inclusion in the Town Code (please see related agenda item pertaining to Town and Special Events). Staff believes the draft amendment before the Council provides the opportunity to implement a fair and transparent special event permit process that will provide simple and clear rules, a streamlined process, and positive customer experience. PAGE 4 OF 4 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 December 21, 2017 S:\COUNCIL REPORTS\2018\01-16-18\15 - Special Events Code Amendment\Staff Report 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 and Blueline version of Town Code Chapter 14 Article X. – Special Events 2. Proposed ordinance 3. Public Comment received before the posting of this staff report