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HomeMy WebLinkAboutCC RESO 2023-117 City Council Policy Amendments 704 and 802RESOLUTION RESOLUTION NO. 2023 — 117 OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING AN AMENDMENT TO POLICY NUMBERS 704 "LIMITATION ON CITY APPROVED SPECIAL EVENTS WITHIN THE CITY" AND 802 "CITY SUPPORT FOR SPECIAL EVENTS, ACTIVITIES, PROGRAMS AND SERVICES" OF THE CITY COUNCIL POLICY MANUAL WHEREAS, the City Council of the City of National City has approved a Policy Manual, setting forth administrative and operating policies; and, WHEREAS, it is the desire of the City Council to amend Policy Numbers 704 and 802 of said Policy Manual to allow events by Temporary Use Permit in El Toyon Park. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONALCITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: That the City Council hereby authorizes the amendment of Policy Numbers 704 and 802 of the City Council Policy Manual as set forth in the attached Exhibits "C" and "D" of the report. Section 2: That the City Clerk shallcertify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 15th day of Ate:, ust, 2023. on Morrison, Mayor ATTEST: helley Ck'a M M C, City Clerk APPROVED AS TO FORM: fitd z--.6"1" Barry J. S�uTt, City Attorney Passed and adopted by the City Council of the City of National City, California, on August 15, 2023 by the following vote, to -wit: Ayes: Bush, Rodriguez, Yamane Nays: Molina, Morrison Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California Shelleg Chapel City Clerk of theCity of National City, California B: flit helley Ch p7 ,MMC, City Clerk CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Limitation on CGity Aapproved Special Eevents within the City POLICY # 704 ADOPTED: November 15, 1988December 12, IQQ AMENDED: October 7, 2008 August 15, 2023 Purpose The City Csouncil recognized the potential impact of various special events within the City, specifically when held concurrently, upon Police Department resources and public safety. The purpose of this policy is to limit the number of such events held concurrently in recognition of that potential impact and provide guidelines to insure public safety. Policy Those City approved temporary use activities listed under "Class A Uses/Activities" in the attached sheet (with the exception of mobile home type structures," which are already limited to periods no longer that one --year), shall be limited to no more than two (2) occurring concurrently on a given day with the exception of Csity Pparks where special events shall be limited to one (1) on a given day with a minimum of six weeks between special events in order to allow the grass and park to rejuvenate. The Police Department shall indicate on the Temporary Use Permit (TUP) Aapplication forTem prior to its submission to the City Council, the potential impact of a particular event upon Police resources or public safety. Each event will have necessary security as determined by the National City Police Department. This security can be: a) Pprivate Ssecurity, b) Ccombination of Pprivate Ssecurity and Ppolice Oofficers, c) Ppolice Oofficers and Reserve Oofficers. The Police Department must approve security arrangements prior to the issuance of a Ttemporary Use Permit. The person or organization responsible for the event will be required to pay for officers assigned to the event. There will be no officers initially assigned to the event; further charge will be made to the operation or responsible organization. As an example, if an event is required to have four officers present and police activity increases andadditional officers are required, there would be no charge for those additional officers. Alcohol will be prohibited to reduce chances of violence and disorderly conduct. A fence may be required-, at the discretion of the Police Department, based upon the following:; -1) Eevent location, _2) Ppast activity at the_ -site, CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Limitation on CGity Aapproved Special Eevents within the City POLICY # 704 ADOPTED: November 15, 1988December 12, IQQ AMENDED: October 7, 2008 August 15, 2023 3) Eestimated crowd and, 4) Ttype of entertainment in order to control access to the activity by large groups of people. Activities will not operate between the hours of 11:00 p.m.p444 and 8:00 a.m. on any day. There will be no sales of tickets forany activity one --half hour before closing time. If there is an imminent danger to the well beingwell-beinq of citizens, the Police Department shall adjust operations hours. The City Council may, by its specific action, waive the subject limit for a particular event, if in its view, no•adverseno adverse impact upon Police Department resources or public safety would result. The Fire Department is to have absolute authority, control, and decisions over all fireworks and or pyrotechnic displays. Outdoor Events at the Community Center A Temporary Use Permit is required for events in the park or parking lot adjacent to the Community Center subject to the provisions of Chapter 15.60 of the NCMC and/or the "TUP Guidelines for Use of -City Parks" as established by the Community Services Director. In addition, a Temporary Use Permit is required for the use of the park or parking lot adjacent to the Community Center in conjunction with an event in the Community Center subject to the provisions of Chapter 15.60 of the NCMC and/or the "TUP Guidelines for Use of City Parks" as established by the Community Services Director. Late TUP Applications At the discretion of the City Manager or designee, Building & Safety Director, Temporary Use Permit Aapplications may be accepted for processing less than 15 working days prior to the date of the event provided the City Manager or designee Building & Safety Director findsthe size and scope of the event lends the application to expedited review by City departments and evaluation bythe City Council. In no event shall a Temporary Use Permit Aepplication involving more than 500 participants receive expedited processing without prior approval of the City Council. Photography/Motion Picture Permits The City Manager or designee Director of Building 1$(, Safety is designated as the individual to work directly with the film industry. The City Manager or designee Director of Building & Safety shall develop administrative policies and procedures to implement the California Film Commission's Model Filming Permit Process to the greatest extent possible. The following Temporary Use Permits are required for photography and/or motion picture CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Limitation on CGity Aapproved Special Eevents within the City POLICY # 704 ADOPTED: November 15, 1988December 12, �aa, AMENDED: October 7, 2008 August 15, 2023 filming: Class A: Photography or filming on public or private property that requires street closures and/ or traffic control in excess of three minutes, or that involves stunts or special effects which may require City services. Class B: Photography or filming on public or private property that does not involve street closures and/or traffic control in excess of three minutes and does not involvestunts or special effects which may require City services. Applications for a Temporary Use Permit for Photography/Filming shall be based on the model photography/filming developed by the California Film Commission. Applications shall be filed with the City Manager's Office or designee's department Building-&, Safety Department in the following Specified number of days prior to the date the filming is to occur: Class A: 10 working days Class B: 2 working days The applicant may be required to reimburse the City for costs incurred in providing support services in conjunction with a Temporary Use Permit for Photography/Filming. Class A and Class B applications shall be accompanied by a Certificate of Insurance and Neighborhood Notification Form when deemed appropriate by the Risk Manager and the City Manager or designeeDirector of Building & Safety. T-UP Processing Fee Waivers The City Council shall waive T.U.P. processing fees only in the case of a non-profit organization, and when such organization can demonstrate that the event for which the T. U.P is requested will not generate any income to the organization, or that the net proceeds of the event for which the T-U-P is requested result in: • Direct financial benefit to an individual who resides or its employed in the CGity, and who is in dire financial need due to health reasons or a death inthe family, or • Direct financial benefit to CGity government, e.g. generation of S sales Ttax;or • Direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the Csity, e.g. Kiwanis, Rotary Club, Lions Club, Boys and Girls Club; or • Direct financial benefit to an organization which has been in the direct • recipient of City or Community Development Block Grant (CDBG) funding. CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Limitation on Ceity Aapproved Special Eevents within the City POLICY # 704 ADOPTED: November 15, 1988December 12, �aa, AMENDED: October 7, 2008 August 15, 2023 T.U.P. Events at El Toyon Park T.U.P.eyents--at El Toyon Park are pr ed. T-U-P- Event Notification Procedures It shall be the responsibility of the T-U-P- applicant to provide written notification to occupants of property adjacent to a City park for events in the park which involve any of the following activities: 1) Live musical performances 3) Fireworks or similar pyrotechnic display& 2) Use of amplified sound 4) Other activities or events_or portable systems. systems other than hand-held_portable systems. 3) Fireworks or similar pyrotechnic display 3-)4) Other activities or events or portable systems. The written notification shall include the name and telephone number of the sponsor of the event, the nature of the event, the date and hours of set-up and tear -down for the event, the date and hours of the event, and the name of the sponsor's representative who will be at the park on the day(s) of the event and how that individual may be contacted if the need arises. The written notification shall be mailed to the occupants of properties abutting City parks as reflected on maps prepared by the City Manager's Office or designee's departmentBt+llding- Safety Department. The written notification shall be submitted to the City Manager or designee Building & Safety Director for review and approval prior to mailing. The date of mailing of the notification shall be scheduled so that the notification will be received by property occupants no less than 72 hours prior to the start of set --up activities for the event. Failure to provide notification as stated herein may be cause for the revocation of T.U.P. approval for the event, or denial of future T-U-P- Aapplications submitted by the sponsoring organization. Related Policy References Municipal Code Section 6.52 Prior Policy Amendments: None. December 12, 1995 (Resolution No. 95-182) Established Policy June 18, 1996 (Resolution No. 96-99) March 18, 1997 (Resolution No. 97-33) October 21, 1997 (Resolution No. 97-133) September 26, 2000 (Resolution No. 2000-125) CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Limitation on CGity Aapproved Special Eevents within the City POLICY # 704 ADOPTED: November 15, 1988December 12, IQQ, AMENDED: October 7, 2008 August 15, 2023 January 7, 2003 (Resolution No. 2003-4) October 7, 2008 (Resolution No. 2008-214) CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Support for Special Events, Activities, Programs and POLICY # 802 Services ADOPTED: October 3, 2006 AMENDED: February 1, 2020 August 15, 2023 BACKGROUND: The Council recognizes that special events are a lifestyle that defines National City's history and makes our City unique. However, City Council is also concerned with the increasing cost of City support of special events, examples of which are concerts, festivals,parades and sporting events which take place at City parks and facilities or in City streets and rights -of -way. The Council notes that City support of special events, be it police traffic service, fire standby service or other support, is not specifically budgeted and is provided through reductions in the level of service for budgeted programs. DEFINITIONS: 1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use or benefit which involves which involves the the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. Examples of Special Events include, but are not limited to: a. Parades b. Public concerts and other community cultural events c. Demonstrations d. Circuses e. Fairs and festivals f. Community or neighborhood block parties and street dances g. Mass participation sports (marathons, bicycles races and tours) h. Film making activities i. Public speaker events 2. "CITY SUPPORT" means any City services required to maintain minimal interferenceand inconvenience to the general public resulting from a Special Event. City Support includes, but is not limited to: a. Special Event permit processing b. Police services c. Sanitation and cleanup d. Maintaining access for emergency vehicles and provision of medical care e. Street closures f. Use of City Stage, PA equipment and/or Information Trailer CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Support for Special Events, Activities, Programs and POLICY # 802 Services ADOPTED: October 3, 2006 AMENDED: February 1, 2020 August 15, 2023 City Support does not include internal security, crowd control and other servicesconsidered the responsibility of the Special Event Sponsor. 3. "NON PROFIT" means a non-profit tax exempt organization (501(c)(3)) that is exempted from payment of income taxes by federal or state law and which has been inexistence for a minimum of six (6) months preceding the date of application for a special event. 4. "PUBLIC FACILITY" means any property, building, or public access (street, park,theater, etc.) that lies within the City and which is owned or operated by the City forpublic benefit or usage. 5. "EVENT ORGANIZER" means any person, group, or corporation assuming responsibility for planning, promoting, and carrying out a Special Event. 6. "CITY MANAGER" means the City Manager or designee. 7. "CITY CO -SPONSORED EVENT" is defined as an annual event that occurs within the boundaries of National City. The co -sponsoring agency must be a National City non-profit or branch thereof and the event must benefit National City and its residents.Applications must be submitted as a special event application to the Neighborhood Services Department, deadlines are noted annually. The current City co-sponsorship events list (Attachment "A") are considered grandfathered and will not need to apply annually for approval. 8. "CITY SPONSORED EVENT" is defined as an annual community -wide event that is planned and managed by one or more City departments. The current City sponsored events list (Attachment "B") are considered grandfathered and will not need to apply annually for approval. These events will not require a secondary City Council approval through the TUP or Special Event process. City Staff will process event applications and City Council will be updated of these events annually and or on a quarterly basis. PURPOSE: It is the purpose of this policy to provide guidelines for the support of special events,consistent with the least possible disruption to normal City services. POLICY: A. Co -Sponsored Events It is the policy of the City Council that: CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Support for Special Events, Activities, Programs and POLICY # 802 Services ADOPTED: October 3, 2006 AMENDED: February 1, 2020 August 15, 2023 1. To the extent that economic conditions and the City's resources allow, the City manager upon City Council notification, may provide reasonable City support of upto $1,200 per event day to non-profit special events that benefit National City residents, are held wholly within City limits, and which are listed in Attachment "A" and are considered to be City co- sponsored annual events. 2. Any new non-profit applicant (not on Attachment "A") requesting co-sponsorship must apply to be considered for the City co -sponsored event list which will be reviewed annually by the 802 policy committee. The 802 policy committee will recommend changes to the co -sponsored event list only when required on an annualbasis (per Section 7 of Definitions - page 2). As a City co -sponsored event, organizations shall prominently place the City's logo in all advertising materials promoting the event and provide space for the City to set up an information booth, per the City Council's discretion. 3. Any new Special Event or TUP applicant not currently on the approved co- sponsored list and requesting fee waivers, may only be considered to have fees waived up to the minimum level of $500 per event day. Attachments "A" and "B" are the current list of approved co -sponsored and sponsored events respectively. Any new events considering co-sponsorship must apply through theannual process. 4. Any Special Event or TUP application is prohibited from engaging in any political election activities, including but not limited to campaign activities, campaign/political information booths, messaging, banners, or support of any political candidate during any Co - Sponsored event in the City. 5. Any Co -Sponsored organization on the event list that had not held an event in three (3) years shall be withdrawn from the Co -Sponsored list for the followingyear (Attachment "A"). B. Sponsored Events It is the policy of the City Council that to the extent economic conditions and the City's resource allow, National City will sponsor and provide community -wide annual events which are listed in Attachment "B". Event fees that are incurred by City departments will be charged against an account designed for that purpose. The City Manager shall notify the City Council of upcoming events on a quarterly basis CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Support for Special Events, Activities, Programs and POLICY # 802 Services ADOPTED: October 3, 2006 AMENDED: February 1, 2020 August 15, 2023 C. Other Events, Activities, Programs and Services It is the policy of the City Council that: 1. To the extent that economic conditions and the City's resources allow, the City Manager may provide City support for a special event conducted by a non-profit organization. City support would be limited to a waiver of permit processing feesand the event must benefit National City residents. Examples include an event where there is insufficient time for Council approval, such as in the event of a catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 2. The City Manager shall charge City costs for any special event of a commercialnature; also, the City Manager shall require organizers of commercial special events to pay the City a negotiated percentage of gross revenues or a flat fee. Such revenues will be deposited into the City's General Fund. 3. Proceeds from a special event of a commercial nature that benefits a local non- profit organization, shall show proof of donation within 10 business days. Such proof shall be submitted to the City's Department of Finance (Revenue & Recovery). Failure to provide proof of donation will result in loss of any depositremitted and may jeopardize future use of City facilities. 4. To the extent economic conditions and the City's resources allow, funding supportmay be authorized in support of a program, service or activity, other than a specialevent, when found by the City Council to be of benefit to the community or the City. Requests must include a specific purpose for the funding (i.e., to pay, in whole or inpart, for the purchase or rental of specific supplies or equipment). D. Documentation of Expenses A report detailing allowable incurred expenses must be submitted to the Department of_Finance, in a format prescribed by the Director of Finance, for a special event, program,service, or activity receiving funding support from the City. The report must be accompanied by documentation, including receipts for all purchases, if requested. This requirement shall not apply to programs, services, or activities for which the City is under written contractual agreement. Any such requirement shall be dictated by the terms of said agreement. Failure of an organization or individual to provide a proper report and documentation of allowable CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Support for Special Events, Activities, Programs and POLICY # 802 Services ADOPTED: October 3, 2006 AMENDED: February 1, 2020 August 15, 2023 incurred expenses may result in denial of future funding support requests. E. El Toyon Park The use of El Toyon Park for special events is prohibited. RE. Use of Mobile Stage The mobile stage shall be used only on City parklands, and/or other public property withinthe limits of National City. Any events outside this purview and requesting use of the Citystage must apply through the special event process. The USER of the stage shall be responsible for any damage to the unit resulting from carelessness or misuse. RELATED POLICY REFERENCES: City Council Policy # 704 — Limitation on City Approved Special Events within the City City Council Policy # 801 — Field and Facility Rules and Regulations Prior Policy Amendments: April 5, 2016 (Resolution No. 2016-47) January 17, 2017 (Resolution No. 2017-10) January 16, 2018 (Resolution No. 2018-4) February 4, 2020 (Resolution No. 2020-17) January 19, 2021 (Resolution No. 2021-01) CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Support for Special Events, Activities, Programs and POLICY # 802 Services ADOPTED: October 3, 2006 AMENDED: February 1, 2020 August 15, 2023 ATTACHMENT "A" NATIONAL CITY CO -SPONSORED EVENTS Event Title Organizer Timing National City International Mariachi Festival National City Chamber of Commerce March Granger Jr. High Cultural Fair Granger Jr. High Spring Job Fair N.C. Chamber of Commerce Spring July 4th Carnival National City Host Lions Club July Mabuhay Festival Mabuhay Festival June Las Palmas 5K and 1 Mile Walk Las Palmas Elementary School June Blood Drive American Red Cross June Auto Heritage Days N.C. Chamber of Commerce August Relay for Life American Cancer Society July Bayside Brew & Spirits Fest N. C. Chamber of Commerce September One_Sight Vision Clinic N.C. Host Lions Club October Salute to Navy N.C. Chamber of Commerce October Maytime Band Review Maytime Band Association October Sweetwater High Homecoming Sweetwater High School Fall Community Concert Band Series (up to 4 concerts annually/per year) N.C. Community Concert Band Quarterly Spirit of the Holidays N.C. College Campus Lions December Christmas with Kids Christmas with Kids December Note: Co -sponsored events that reoccur on the same date, or weekend, each year will maintain "first rights" to their date if the special event permit application is received within five months of the recurring event date. After the five- month application deadline, other interested parties will be able to apply. Events scheduled on recurring weekends (suchas the 1 St, 2"d 3rd 4" or 5 h weekend of a month) will be defined by the first date of the event is open to the public. CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Support for Special Events, Activities, Programs and POLICY # 802 Services ADOPTED: October 3, 2006 AMENDED: February 1, 2020 August 15, 2023 ATTACHMENT "B" NATIONAL CITY SPONSORED EVENTS Event Title Organizer Timing Movies in the Park Community Services Summer NC Gets Active Community Services Quarterly Summer Concerts Community Services Summer Miss. National City Pageant Community Services July National Night Out Police, Community Services, FFA August 9/11 Remembrance Ceremony Fire September State of the City Mayor's Office Fall Family Tennis Day Community Services October Annual Volunteer Dinner Community Services Fall Dia de los Muertos Community Services Oct/Nov Veteran's Day Community Services November Turkey Giveaway Mayor's Office November A Kimball Holiday Mayor's Office December Community Service Day Community Services April