CITY OF CULVER CITY
COUNCIL POLICY STATEMENT Policy Number: 2302
General Subject: Public Services Date Issued: XX/XX/2022
Specific Subject: Town Plaza Use Policy Effective Date: XX/X/2022
Resolution No: 2022-R
I. PURPOSE:
The purpose of this Policy is to establish policies, rules, and procedures regarding the use of City-owned property and right-of-way located at the intersection of Washington Boulevard/Culver Boulevard in Culver City (collecti vely, “Town Plaza”), further described in Section III, for various temporary, short-term, events, festivals, community activities and First Amendment activities. Town Plaza is regulat ed as a limited public forum under the rules and regulations set forth in this Policy. Through the establishment of policies, rules, procedures, and fees for the use of Town Pla za, it is the desire of the City Council of the City of Culver City (“City”) to activate the downtown area, by providing a community space for events and activiti es, while ensuring public health, safety, and welfare is protected. This Policy, thro ugh its application and implementation, will ensure that events are compatible in size and type for use of Town Plaza, while balancing the impacts on residential neighbors and local businesses.
II. STATEMENT OF POLICY:
It is the intent of the City Council to provide qua lity public facilities that are accessible and available for diverse recreational activities a nd to ensure community members, businesses and organizations have a safe and enjoyable environment for public events.
III. APPLICABILITY:
This Policy shall apply to the area known as Town Plaza as depicted on the attached map (Attachment No. 1).
IV. DEFINITIONS:
A. CCMC shall mean the Culver City Municipal Code.
B. CCFD shall mean the Culver City Fire Department.
C. CCPD shall mean the Culver City Police Department.
D. City-sponsored shall mean the City is both (i) participating in an official capacity in the planning, preparation or promotion of the event or activity; and (ii) contributing 25% of the total estimated costs of the event or activity, or at least $1,000, whichever is less. This contribution may take the form of funds, labor, staff time, materials, a waiver of fees, or any combination of the foregoing.
E. Town Plaza-East shall mean the area of Town Plaza as depicted on Attachment No 1. Combined with Town Plaza-West, this area shall be known as “Town Plaza.”
F. Town Plaza-West shall mean the area of Town Plaza as depicted on Attachment No. 1. Combined with Town Plaza-East, t his area shall be known as “Town Plaza.”
V. HOURS OF OPERATION: Town Plaza shall be closed to the public between 2:00 a.m. and 7:00 a.m., except for persons who are actively passing through Town Plaza on the way to another destination.
VI. PERMISSIBLE EVENTS AND ACTIVITIES IN TOWN PLAZA:
A. City-Produced Events and Activities. Examples of City-produced events and activities include, but are not limited to, the Far mers’ Market, summer concert series, Juneteenth, and other activities.
B. City-Sponsored Events and Activities. Example s of City-sponsored events and activities include, but are not limited to, the Annual Holiday Tree Lighting and other similar events.
C. Incidental Business/Commercial Uses by Town Plaz a Businesses. Examples of incidental uses include, but are not limited to, red carpet events, event décor, restaurant hostess podiums, and other activities as sociated with the business/commercial use of businesses immediately a djacent to Town Plaza.
Incidental business/commercial uses do not re quire City sponsorship, provided they are conducted in compliance with this Policy.
D. Filming-Related Activities. All filming activit ies shall be subject to the policies set forth in Section VIII.A of this Policy and Chapter 11.14 of the CCMC.
E. First Amendment Activities: First Amendment Ac tivities shall be subject to the restrictions set forth in Section IX of this Policy.
VII. EVENT AND RESERVATION PRIORITY AND PROCEDU RES:
A. Event Priority: Requests for use of Town Plaza for an event will be given the following priority:
1. City-Produced Events.
2. City-Sponsored Events, Activities and Displays. City-sponsored events, activities and displays may be approved based on the following priority:
a. Grantees of Special Event Grants and Perf orming Arts Grants, or Culver City-based organizations with a cooperative memorandum of understanding with the City;
b. All other City-sponsored events, activities and displays.
3. Filming-Related Activities .
4. Incidental Business/Commercial uses by Town Plaza adjacent businesses.
5. All other event requests.
B. Reservation Priority: Reservations for the use of Town Plaza shall be considered based on the event priority set forth in Subsection A. All other reservations shall be made on a first come, first served basis. This Section does not apply to General First Amendment Activities, which may take place without a reservation and shall be subject to the guidelines set forth in Section IX of this Policy.
C. Event Requirements and Procedures:
All non-City-produced events in Town Plaza are required to obtain City sponsorship, a City-issued special event permit, a license agreement, and insurance.
Use of Town Plaza is not intended for private events such as weddings, birthday parties, etc.
The use of Town Plaza requires a refundable deposit and applicable fees, as outlined below.
Town Plaza - Wes t Town Plaza- East
Requirements City Sponsorship City Sponsorship
City-issued special event
pe rmit
City-issued special event
pe rmit
License Agreement License Agreement
Insura nce is re quired ,
in demnifying the City
Insura nce is re quired ,
in demnifying the City
Re fu ndable depo sit is
$2 ,000*
Re fu ndab le deposit is
$2 ,500*
Othe r Permits and Fees Stre et Use Permit - Mana gemen t Fee s* paid directly to Hackman Capital
Partners (HCP)/IDS Real
Est ate Group (IDS), which
fees depend on the scale of
even t.
All othe r City fee s, as
applicable to the specific
event
All other City fee s, as
applicable to the specific
event
*HCP/IDS provide maintenance for the Town Plaza-East property. The required deposit and HCP/IDS management fees are not covered by the Special Events Grants Program.
D. Approval Process:
1. City Sponsorship. Organizations interested in proposing an event , activity or display in Town Plaza are required to o btain City sponsorship as a first step. City sponsorship can be obtained in two ways:
(a) applying through the City’s annual special event grant process; and (b) applying as an off-cycle grant/sponsorship r equest to City Council.
The City’s Special Event Grant Program Policy is included as Attachment No. 2.
2. City-Issued Special Event Permit. Once the City Council approves City sponsorship of an event, an applicant is required t o obtain a City-issued special event permit. This permit is obtained thr ough the Finance Department and requires approval by and/or additional permits from various departments, depending on the nature of the event.
Examples of permits/approvals include:
Public Works Department -
o Environmental/Waste Plan. All events require the su bmittal of a waste plan to the Environmental Programs and Operat ions Division.
o Mobility/Traffic Engineering. If there a re street closures involved, Mobility and Traffic Engineering will req uire a traffic control plan. A street use permit is required for Town Plaza- West.
Police Department –
o Special Event Police Officers - Depending on the sc ope of the event, special event police officer(s) may be required. o Amplified Sound Permit. If amplified sound will be used, a no- fee amplified sound permit is required through CCPD . This will require signatures from businesses and residen ces located within a 300-foot radius from Town Plaza.
Fire Department -
o Tent or Fire Permits. If tents or open flames will be used, a no- fee tent or fire permit will need to be obtained through CCFD.
o Life Safety Review. If fire lanes are obstructed o r large crowds are present, applicant is subject to additional eve nt conditions such as life safety officers, at the discretion of CCFD. (See Attachment 3)
The above is not an exclusive list of approvals/per mits. Other permits/approvals may be required, at the City’s di scretion, depending on the type and scale of the proposed event.
At the completion of the departmental approvals, ap plicant must submit all required fees and deposits to receive final app roval of the special event permit.
3. License Agreement and Insurance. A license agreement with the City of Culver City is required to Use Town Plaza for a special event, activity or display. A sample License Agreement, including the City’s insurance requirements, is included as Attachment No. 4.
VIII. PERMISSABLE ACTIVITIES
A. Filming. The motion picture and creative econom y is the fabric of the City’s history and has co-existed with the businesse s and residents of Downtown Culver City for decades and continues to do so.
Filming is permitted on Town Plaza, in accordance w ith the requirements of Chapter 11.14 of the CCMC and in coordination with FilmLA. Filming is allowed on a first come, first served basis. CCPD coordinates all Film Permits with FilmLA.
B. Incidental Business/Commercial Uses by Town Plaza-Adjacent Businesses.
Examples of incidental business/commercial uses inc lude, but are not limited to, red carpet events, event décor, restaurant hostess podiums, or other activities associated with the business/commercial use of the businesses immediately adjacent to Town Plaza, as listed in Attachment 5.
1. Pass through uses involving solely activit ies to facilitate a thoroughfare through Town Plaza may be approved through a City street use permit.
2. If the incidental business/commercial use requi res full closure of Town Plaza, such closure shall be limited to a maximum of one d ay. Closure of Town Plaza in excess of one day shall require City Counc il approval through the City sponsorship process.
3. Incidental business/commercial uses intended to occupy Town Plaza long term, such as hostess podiums, tables, etc. require an encroachment permit, or outdoor dining license, as applicable. Short te rm events or activities may
require a street use permit, special event permit, license agreement and/or other permits/approvals, as applicable, depending o n the scope of the activity/event.
C. First Amendment Activities. See Section IX of t he Policy.
D. Street Vending . Street vending is governed by Culver City Mu nicipal Code Chapter 11.19. [NOTE TO CITY COUNCIL: This is a placeholder pend ing the adoption of the street vending ordinance, te ntatively scheduled for introduction on November 14th.]
E. Bicycles and Non-Motorized Mobility Devices . Bicycles, which include electric bicycles, are permitted in Town Plaza pursuant to CCMC 7.04.250 and this Policy, adopted by Resolution No. 2022-RXX. Non-mo torized mobility devices, such as skateboards, roller skates, roller bl ades, in-line skates and non- motorized scooters, are permitted to operate in Town Plaza pursuant to this Policy, subject to the rules and regulations set forth here in. [NOTE TO CITY COUNCIL:
This Section of the draft Policy reflects di scussion at the October 26, 2021 Mobility Traffic and Parking Subcommittee meet ing. The Subcommittee requested these recommendations be dis cussed by the full Council. Motorized scooters were not included with this recommendation.
Currently, motorized scooters are not permitted in Town Plaza by virtue of the “geo-fence” in effect, which shuts down the dev ice if it enters the area.
The language of this Section may be adjusted based on Council direction.]
Riders must operate their bicycle or other non-moto rized mobility device within the designated fire lane (Attachment 3) while in To wn Plaza. All riders shall be restricted to a 3-mph speed limit and shall operate their bicycle or other non- motorized mobility device with due care and yield for pedestrians. Riders not within the designated fire lane shall be required to dismo unt their bicycle or other non- motorized mobility device.
F. Smoking. Smoking is prohibited in Town Plaza, pursuant to CCMC Section
9.11.100, et seq. [NOTE TO CITY COUNCIL: Smoking is currentl y prohibited in outdoor dining areas and within five feet of any outdoor dining area per CCMC Section 9.11.110. Smoking is also currently prohibited in Town Plaza per the definition of a Pa rk or Recreational Area set forth in CCMC Section 9.11.105. If the City C ouncil desires to allow smoking in Town Plaza, or in designated smoking are as of Town Plaza (which is not currently allowed), CCMC Chapter 9.11 will need to be amended.
Otherwise, this Section may remain as-is.]
G. Dogs. Dogs are allowed in Town Plaza, provide d they are restrained by a substantial chain or leash not exceeding six feet i n length, and are in the control of a competent person, pursuant to CCMC Section 9.01.335.
IX. FIRST AMENDMENT ACTIVITIES IN TOWN PLAZ A: Except as otherwise provided in this Policy, First Amendment activities shall be regulated by City Council Policy Statement No. 4008: Free Speech Guid elines (“Policy 4008”). If there is a conflict between this Policy and Policy 4008, this Policy shall control.
The following provisions of this Policy provide con tent-neutral time, place and manner regulations, and reasonable and viewpoint ne utral regulations for Town Plaza as a limited public forum. The terms “Genera l First Amendment Activities” and “Regulated First Amendment Activities” shall ha ve the same meanings as set forth in Policy 4008 and as restated in this Section IX:
A. Classification of Town Plaza: Town Plaza, as a limited public forum, is suitable for some but not all First Amendment activ ities, and requires more detailed guidelines for use in order to balance Fir st Amendment activities with other necessary public uses of the property.
B. Classification of First Amendment Activities: First Amendment activities are classified as follows for purposes of this Policy:
1. General First Amendment Activities. “General First Amendment Activities” are those typically carried out by indi viduals or small groups in a public forum, which generally require only limited or no regulation in order to avoid adverse impacts on City property or other persons. General First Amendment activities are allowed in Town Plaz a subject to the restrictions set forth in Section IX of this Policy, without a permit, except as otherwise specifically provided in this Policy, Pol icy 4008, the CCMC, or other federal, state or City laws, regulation s or policies. General First Amendment Activities include the following:
Leafleting and distribution of written ma terials, other than commercial advertising, providing no material is left unattended; Peaceful picketing or assemblies involving less than 50 participants;
Display of hand-held signs and hand-held banners;
Solicitation, subject to applicable regulations or policies; Public speech, discussion and debate;
Circulation of petitions and collection of signatures; and Street performances by individuals or groups, which do not involve the use of any stage, display or equipment requiring a permit.
2. Regulated First Amendment Activities. “Regulated First Amendment Activities” may only be conducted in Town Pl aza with a City-issued permit. Such activities include the following:
Parades and marches – Parades and marches or other moving assembly, which require a parade permit as provided in CCMC Section 9.06.100, et seq., or other applicabl e regulations or policies;
Organized assemblies, events, meetings and street p erformances – Organized assemblies, meetings, demonstration s or similar activities or events not qualifying as parades, but involving more than 100 persons shall require an assembly permit. An “ organized” activity or event for purposes of this Policy means one that is (a) advertised or promoted in advance of the event by any written means or by any electronic media, e.g., radio, tele vision or internet; or (b) is advertised or promoted by oral invitation , word of mouth or any other unwritten means more than 72 hours before the beginning of the activity or event. An assembly permit is also required for any performance on Town Plaza that inv olves a total of more than 100 performers and audience members, combined, at any time;
Amplified sound – Amplified sound, which includes t he projection of voice, music or any other sound, by means of amplif ied sound equipment, including any electronic, mechanical or other equipment or device used to broadcast or project sound above normal conversational levels, is subject is to the restric tions and permit requirements of CCMC Sections 9.04.020 and 9.07.055 , or other applicable regulations or policies;
Tables, displays and equipment – Activiti es involving the placement of tables, chairs, stages, props or other equipment used in a First Amendment Activity, and/or displays of l iterature, music, art or other written or recorded materials occupyin g more than six square feet of ground space on Town Plaza; and
Unattended signs and displays – Unattended privatel y placed signs or displays are generally not permitted on Town Pla za, except as otherwise provided in this Policy.
C. General First Amendment Activities. General Fir st Amendment Activities in Town Plaza are allowed where in compliance with the following:
1. Persons engaged in General First Amendment Activ ities shall maintain a distance of eight feet from any dining area or any other area temporarily or permanently in use for commercial or other activ ities authorized by permit, license, or conducted as part of an event p roduced or sponsored by the City.
2. No activity involving the sale of materials or m erchandise is allowed in Town Plaza, other than as part of an event produced or sponsored by the City or conducted pursuant to a permit or pursuant to a City program for economic enhancement.
3. No tables or other displays may be erected in To wn Plaza, other than on the sidewalk areas within 25 feet of the cu rb along Culver and Washington Boulevards and Irving Place and cannot b lock access to or
egress from Town Plaza. No more than two tables or other displays per curb line shall be present at any one time. Space for tables or displays shall be available on a first-come, first-served ba sis. However, if an individual or organization has already erected a ta ble or display in Town Plaza on seven or more days in a calendar month, th at individual or organization shall promptly remove the table or dis play upon request of another person or individual desiring to use the sp ace for a table or display.
D. Regulated First Amendment Activities: Regulated First Amendment Activities shall be restricted to the following in Town Plaza.
1. City Events. Events produced or sponsored by the City.
2. Temporary Placement of City-Sponsored Unattended Di splays. City- sponsored unattended displays may be authorized by permit in special areas designated for such displays within Town Plaz a. All such displays shall be accompanied by a sign or plaque id entifying the City as a sponsor of the display.
3. Assembly and Event Restrictions . Assembly, parade or other events, except events produced or sponsored by the City, ma y be permitted in Town Plaza only subject to the condition that the a rea authorized for use is limited to not more than 25% of the available area in Town Plaza.
E. General Restrictions: In addition to the restr ictions set forth in Subsections C and D, above, all First Amendment Activities in Tow n Plaza shall be subject to the General Restrictions, set forth in Se ction III of Policy 4008 and restated as follows:
1. Interference with access. No First Amendment Activities shall be conducted in a manner which blocks access or egress to buildings, grounds or facilities. For this purpose, all persons engaging in General or Regulated First Amendment Activities shall maintain a distanc e of 10 feet from any doorway or gateway to any building and shall mainta in a clear pathway of not less than six feet in width, or ½ the width ava ilable for passage, whichever is less, along any sidewalk, path, walkwa y or passageway between buildings, landscaping or other features restricting general access.
2. Non-interference with other permitted uses. Town Plaza may be temporarily or permanently reserved for use by the City, another government agency, or by any private person or orga nization pursuant to a City-authorized permit, lease or license. In such cases, the permit, lease, license or other authorization issued for any plann ed use or activity shall designate the boundaries of the reserved area . General and
Regulated First Amendment Activities in the r eserved area shall be allowed so long as such activities do not impede pe destrian traffic such that a serious safety concern is present or impede the operation of an event or activity. This provision shall not be construed to restrict the use of any Town Plaza area that adjoins the reserved area for General or Regulated First Amendment Activities by any person, providing only that such activities do not interfere with access and egress to and from the reserved area.
Except where a permit, lease, license or other auth orization has been issued, all First Amendment Activities shall be a llowed on a first-come, first-served basis, unless otherwise provided by Ci ty policies, regulations or use schedules governing the specific facility or area in question.
3. Compliance with other laws. All First Amendment activities shall comply with all applicable provisions of the CCMC or other federal, state or City laws, regulations or policies. Persons engaging i n First Amendment Activities in Town Plaza shall also comply with any lawfully issued order of any law enforcement officer or emergency personnel.
F. Permit Procedures and Standards: Permits gover ning Regulated First Amendment Activities shall be processed under the g eneral procedures set forth in Section V of Council Policy 4008, except a s otherwise provided by applicable ordinances. If there is a conflict betw een the Permit Procedures and Standards in Section IX of this Policy and Coun cil Policy 4008, Section IX of this Policy shall control.
G. Conflict between Policies: If there is a confl ict between Section IX of this Policy and Policy 4008, Section IX of this Policy shall control.
ATTACHMENT NO. 1
DEFINED AREAS OF “TOWN PLAZA”
Town Plaza-West
Town Plaza-East
ATTACHMENT NO. 2
SPECIAL EVENT GRANT PROGRAM POLICY
(Behind this Page)
CITY OF CULVER CITY
COUNCIL POLICY STATEMENT Policy Number: 2502
General Subject: Public Services Date Issued: 01/09/2017
Specific Subject: Special Events Grant Program Effective Date: 01/09/2017
Resolution No: 2017-R006
I. PURPOSE:
To establish guidelines and procedures for the processing of requests for financial support of special events (including a contribution of fund s, labor, staff time, materials, a waiver of fees, or any combination thereof).
II. STATEMENT OF POLICY:
The City of Culver City (“City”) shall establish a Special Events Grant Program (“Program”) which shall define specific parameters for requests for financial support of special events and objective criteria for the r eview and potential approval of such requests. The Program shall include an annual, pu blic call for applications; formal application review by an advisory panel; and transm ittal of funding recommendations for City Council review, approval, amendment or denial. This process shall be conducted once each fiscal year to align with the annual budget process.
Through implementation of this Program, it is the C ity Council’s intent to achieve the following goals and benefits:
More coordination in administration of City-support ed special events through a formal application, review and funding process;
Enhanced, objective and clearly defined criteria us ed to evaluate requests for City support;
Increased transparency of annual budgeting and moni toring of actual costs for financial support of special events; and
Improved budget reliability through outline d funding and accounting procedures.
III. BACKGROUND:
The City recognizes the community and economic bene fits associated with special events. In turn, the City annually receives regula r requests for funding assistance and sponsorship for special events in the form of fee w aivers for City permits, in-kind and/or direct staffing services, and cash sponsorships. Ra ther than evaluating applications at various times throughout the year on a case- by-case basis, and to continue to encourage organizations to produce special events i n the City, the City shall implement a more streamlined approach for special event suppo rt through the Special Events Grant Program.
IV. DEFINITIONS:
Cash Funding: Cash outlays provided to a Grant Recipient, at not- to-exceed levels, to support any/all associated costs to conduct a special event.
City-Sponsored Event: Consistent with the criteria set forth in Culver Ci ty Municipal Code §17.330.040, an event or activity wh ere the City is both (a) participating in an official capacity in the planni ng, preparation or promotion of the event or activity; and (b) contributing 25% of the total estimated costs of the event or activity, or at least $1,000, whichever is less. This contribution may take the form of funds, labor, staff time, material s, a waiver of fees, or any combination of the foregoing.
Community/Charitable Events: Small, community-oriented events that serve or benefit locally based organizations and ca uses and/or provide recreational, cultural and/or social benefits to Culver City residents.
Fee Credits: Credits provided to a Grant Recipient, at not-to-ex ceed levels, to cover charges correlating to amounts of City fee s for permits, equipment use, facility rental, and administrative/staff-asso ciated costs to conduct a special event.
Grant Award: Amount awarded to a Grant Recipient in accordance with Program requirements and this Policy, whether in th e form of Fee Credits or Cash Funding.
Grant Agreement: The document executed by a Grant Recipient and City Manager setting forth the terms and conditions of s pecial event support, and defining the type and amount of financial assistance awarded.
Grant Recipient: The applicant organization to which Program support is awarded.
Signature Events: Large-scale, visitor-attracting events that pro vide a measurable economic benefit to the City, while enha ncing the quality of life within Culver City with recreational, cultural , social and/or educational activities of interest to the community.
V. PROCEDURES & REQUIREMENTS:
A. ANNUAL BUDGET PROCESS
Annually, the City Manager shall include in the Pro posed Budget a recommendation of funding appropriations in support of the Special Events Grant Program. The Chief Financial Officer shall assign d esignated accounts for the purpose of expensing Fee Credits and Cash Funding a s approved through the Program.
B. SPECIAL EVENTS GRANT PROGRAM DETAILS
City support of qualified special events shall henc eforth occur through an annual application, review and funding process. The proces s shall involve a call for applications, a review by an advisory panel of all completed applications received by the submission deadline, the assignment of recom mended funding levels for each special event, and the formal review of the re commendations for approval or amendment by the City Council. The process shall be conducted once each fiscal year to align with the City’s annual budget process.
The advisory panel shall consist of a Special Event s Grant Program Ad Hoc Subcommittee of the City Council, which shall be ap pointed by the City Council upon adoption of this Policy, and each year thereaf ter during the regular City Council subcommittee appointment process. The Ad H oc Subcommittee shall be supported by the Chief Financial Officer, his/her d esignee and/or other staff from the Finance Department.
The Special Events Grant Program shall provide fina ncial support to two categories of events:
1. Community/Charitable Events – Events that serve or benefit locally based organizations and causes and/or provide recrea tional, cultural and/or social benefits to Culver City residents. Culver C ity-based organizations and events that serve the Culver City community specifically, receive priority in funding.
Grant Awards will be available at fixed, not-to-exceed levels that correspond to the amount of City fees the applicant is expecte d to pay. Successful applicants will be awarded grants in the form of cr edits toward
their City fees. If a Grant Recipient incurs costs (fees) higher than the Grant Award, they shall be responsible to pay the C ity those costs and fees not covered by the Grant Award. If the Grant R ecipient’s actual costs are lower than the projected costs set forth in the Grant application, the City shall retain the difference. All Grant Agreem ents shall include right to audit language.
2. Signature Events – Large-scale events, that promote Culver City regionally, attract visitors, provide measurable, e conomic benefits to the City, and enhance the quality of life within Culver City with recreational, cultural, social and/or educational activities of interest to the community.
Grant Awards will be available at fixed, not-to-exc eed levels based upon an evaluation of the special event budget, the esti mate of City fees, and the estimated economic benefits to the City. Prefer ence will be given to special events where the City’s financial support r epresents no more than 25% of the overall special event budget. The City m ay enter into multi- year agreements with Grant Recipients. All Grant A greements, whether for one year or multiple years, shall include right to audit language and measurable objectives and performance measures for evaluating the event’s marketing and economic impact.
C. APPLYING FOR SPECIAL EVENT GRANTS
1. CALL FOR APPLICATIONS
On or before January 31 of each year, the City shal l issue an annual Call for Applications for the Program for special events occ urring during the following fiscal year. A mandatory pre-application meeting sh all be held prior to the application deadline. Attendance of all applicant s at the pre-application meeting is mandatory.
2. ELIGIBILITY CRITERIA
A. Eligibility: To be eligible to receive City support, appl icants must demonstrate that:
a. If the event is a Community/Charitable Event, t hat it takes place entirely within or immediately adjacent to Culver City.
b. The event is scheduled to take place within Cit y’s annual fiscal year (July 1 through June 30) and the exact date(s) , time(s) and location(s) within Culver City have been determined.
c. The applicant has no outstanding debt owe d to the City of Culver City.
d. The event is open and accessible to the commun ity/general public. (Note: Events are not required to be free of charge.)
*The City of Culver City will give preference to Cu lver City-based organizations and events that serve the Culver City community specifically.
B. Ineligibility: The City will not provide financial support to:
a. Events that serve a political purpose or are sponsored by political organizations.
b. Event organizers and organizations that ha ve not fulfilled previous City sponsorship or special event obligati ons (including post-event financial or performance measurement inf ormation), have been in breach of the terms of a prior Grant A greement, or have an outstanding debt to the City of Culver City.
c. Individuals.
d. Invitation-only events; those events not open to the general public.
3. MINIMUM APPLICATION REQUIREMENTS
To qualify to receive City special event support, a ll applications must comply with the following:
A. Must be submitted online and on time, and must have complete information. Late or incomplete applications, or ap plications that do not fully comply with the instructions may not be considered.
B. Must include a copy of the complete special event budget.
C. Must describe measures that will be taken to ensure strong financial management and control over the special e vent, including cost effectiveness.
D. Must indicate willingness and ability of the org anization to enter into a Grant Agreement with the City, a draft version of which will be provided with the application material.
4. EVALUATION CRITERIA
A. Community/Charitable Events applications will be reviewed and evaluated based on the following criteria:
1. The event serves, involves, and/or promotes Cul ver City, its residents, schools, and/or businesses.
2. The event directly or indirectly benefits the C ulver City community; offering educational, cultural and/or ar ts
experiences; and/or providing secular, recreational or social activities.
B. Signature Events applications will be reviewed and evaluated based on the following criteria:
1. The special event delivers substantive and meas urable economic benefits to the City.
2. The special event organizers utilize strategic marketing practices in planning and implementing the event.
3. The special event enhances the quality of life within Culver City with recreational, cultural, social and /or educational activities of interest to the community.
4. The special event attracts visitors to Culver C ity.
5. The special event promotes Culver City as a high ly
desirable place to live, visit, work and recreate.
6. The special event directly or indirec tly benefits or promotes Culver City businesses or entities.
5. OTHER REQUIREMENTS
A. Grant Recipients of Community/Charitable Events and Signature Events: All Grant Recipients will be expected to follo w the City’s separate, Special Event Permit Process and su bmit all necessary forms, business licensing, insurance and fees as re quired. Applications that do not meet the applicable Special Event Permi t requirements and are not submitted within the specified deadlines ri sk forfeiting their Grant Award.
B. Signature Event Grant Recipients Only:
o The Grant Agreement will include mutually ag reed upon performance measures for the special event. Event organizers will be required to demonstrate how the special eve nt met, or did not meet, the agreed upon performance measures in a required, post-event report.
o Signature Event Grant Recipients must agree to prov ide post- event financial statements and allow the City to co nduct its own review or audit of them, if requested.
C. Banners: For the purpose of allowing banners to be poste d in the public right away, a special event must be specific ally designated a City-Sponsored Event (as defined in this Policy and CCMC §17.330.040). Special events receiving Grant Awar ds do not automatically receive status as a City-Sponsored Ev ent. Applicants seeking City Sponsorship designation, should note s uch request on their application where indicated. The application will be evaluated to determine whether the criteria for City-sponsorship can be satisfied. If eligible for City-sponsorship, the City Council wil l consider designating the event a City-Sponsored Event at the time of award of the grant.
D. SPECIAL EVENT GRANTS FUNDING
The purpose of the Program is to provide funding su pport for qualified special events and to assist with the City fees associated with executing a special event in Culver City. The purpose is not to fund the enti rety of a special event and Grant Awards shall not be awarded for the purpose o f covering all of a special event’s associated City fees.
Community/Charitable Event Grant Awards will be offered in the form of fee credits to cover fees associated with executing a special e vent in Culver City, including, but not limited to permits, equipment use, facility rental and/or administrative and staff associated costs.
Signature Event Grant Awards will be offered in the form of either cash support or fee waivers. Preference will be given to speci al events where the City’s financial support represents no more than 25% of th e overall event budget. All Signature Event Grant Recipients will be requ ired to enter into a Grant Agreement, which should include right to audit lang uage and measurable objectives and performance measures for evaluating the event’s marketing and economic impact.
In order to track the types of events supported and the level of support provided over time, event support is categorized into the following three-tiered system:
A. Community/Charitable Event Grants*
Tier 1 - $100 - $2,500
Tier 2 - $2,501- $7,500
Tier 3 - $7,501- $15,000 +
*Based upon City Special Event Permit Fee and estim ated or average related City fees.
B. Signature Event Grants*
Tier 1 - $1,000 - $10,000
Tier 2 - $10,001 - $25,000
Tier 3 - $25,001 +
*Grant Awards provided based on analysis of related City event fees and economic benefits City will derive from the event.
E. OFF-CYCLE SPECIAL EVENT GRANT REQUESTS
Notwithstanding the provisions of this Policy and t he Program requirements, the City Council retains discretion to consider additional special event support requests presented outside of the Call for Applications period set forth in this Policy. All off- cycle special event support requests shall be presented to the City Council, which may authorize transmittal of the request to the Spe cial Events Grant Program Ad Hoc Subcommittee, for evaluation of the request uti lizing the eligibility and evaluation criteria set forth in this Policy.
*This Policy supersedes the Special Event Sponsorship Policy issued on April 11, 2011 by Resolution No. 2011-R023.
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I I
ATTACHMENT NO. 3
FIRE LANE
FIRE LANE
ATTACHMENT NO. 4
SAMPLE LICENSE AGREEMENT
(Behind this Page)
ATTACH MENT NO. 4 TO C OUNCIL POLI CY 2302
ATTACHMENT NO. 4
SAMPLE LICENSE AGREEMENT
(**This is a sample only and may be adjusted for
a particular use of Town Plaza at the City’s discretion.**)
CITY OF CULVER CITY
LICENSE AGREEMENT
WITH: << LICENSEE>>
FOR: USE OF TOWN PLAZA FOR THE
<EVENT NAME>>
The CITY OF CULVER CITY, a California municipal cor poration (hereinafter “City”), hereby grants a license to the <<LICENSEE>>, a xxx corpora tion (hereinafter “Licensee”), for use of a portion of City’s Town Plaza property for the <<NAME OF THE EVENT>> (“Event”).
The City property licensed hereunder shall be refer red to as “the Premises.” The license granted hereunder shall be referred to as “Agreement” and shall be subject to all the following terms and conditions:
1. DESCRIPTION OF PREMISES: The Premises identifi ed consist of a portion of Town Plaza, City-owned property, located at 9300 Cu lver Blvd. Culver City, California, and more specifically identified on Exh ibit A, attached hereto and incorporated herein by reference.
>>Section below, if applicable>>
Licensee will also use the adjacent Culver Steps (S teps), private property, located at 9300 Culver Blvd and owned by Hackman Capital Partners (HCP), identified on Exhibit A, attached hereto and incorporated herein reference. City has obtained authorization from HCP for Licensee to use the Steps for the Event.
2. LICENSE TERM: The License shall commence on << Start date and time>> and expire on <<end date and time>> (collectively, “License Term”).
3. USE OF THE PREMISES: With the exception of the purposes described in this Agreement, Licensee shall not be authorized to use the Premises for any other purpose whatsoever. Licensee may use the Premises only for the setup, operation and break down of the Event, as more particularly d escribed in the Schedule of Events, attached to Licensee’s Special Event Permit . The Special Event Permit, including all related attachments, are attached to this Agreement as Exhibit B and incorporated herein by reference. In addition, Li censee may set up certain equipment, and allow certain activity on the Premis es, in the locations identified in the Special Event Permit and described as follows: <<provide description here>>, as set forth in Exhibit A.
ATTACH MENT NO. 4 TO C OUNCIL POLI CY 2302
4. SECURITY DEPOSIT: Licensee shall submit to Cit y a refundable deposit in the amount of $X,XXX as security by <<date due>> which shall be applied by City to repair or replace any broken or damaged prop erty or equipment and perform required maintenance of the Premises not otherwise performed by Licensee at the conclusion of the Event (See Section 7 of this Agreement), to pay third party expenses incurred on behalf of City, as a result of Licensee’s actions, and/or to compensate City for time expended responding to complaints or needs arising from Licensee’s activities related to this Agreement. In th e event the cost of the expenses described in this Section 4 exceeds the $X,XXX security deposit, Licensee shall be solely responsible for such costs and shall pay any outstanding balance within 30 days of the conclusion of the Event.
5. LICENSE FEES AND GRANT AWARD:
a. There are no license fees associated with the u se of the Premises; however, Licensee will be responsible for Management Fees as deemed appropriate by HCP for use of the Steps.
b. (If Applicable) As per City Council meeting on <<date of meeting>>, the Licensee was awarded a <<Special Event Grant/ Performing Art s Grant>> in the amount of $X,XXX (“Grant Award”). Licensee shall be paid i n one lump sum up to the maximum amount of the Grant Award within 30 days af ter the City receives an invoice from the Grantee of Event expenses and a copy of the Event flyer describing the performance.
6. COMPLIANCE WITH LAWS AND CITY REQUIREMENTS: Lic ensee shall comply with all federal, state and local laws, statutes an d ordinances in connection with Licensee's entry onto and use of the Premises under this Agreement. Licensee, at no cost or expense to City, and as a necessary condition for the exercise of any rights under this Agreement, shall obtain all required per mits from the City of Culver City, and any and all other governmental permits and appr ovals with which may be necessary for it to conduct any work or activities under this Agreement, not less than seven days prior to the Event. City shall coordina te and cooperate with Licensee in Licensee's activities to obtain all necessary gover nment permits and permissions. In addition, during all times Licensee uses the Premis es, Licensee shall comply with all of the following:
a. The conditions of approval reflected in th e Special Event Permit.
b. All requirements of City, includin g, but not limited to Community Development, Public Works, Police, and Fire.
c. Signage placed on the Premises shall be limited to wayfinding signage only, unless otherwise specifically approved, in writing, by the City Manager or his/her designee.
ATTACH MENT NO. 4 TO C OUNCIL POLI CY 2302
7. CONDITION OF PREMISES UPON VACATION AND RE PAIR OF PROPERTY AND EQUIPMENT: Upon vacation of the Premises, Lice nsee shall remove all trash and debris from the Premises, remove any substances placed on the Premises, and leave the Premises in the same condition in which t he Premises were found upon commencement of Licensee’s use of the Premises, pur suant to this Agreement.
Licensee shall be solely responsible, at its sole c ost and expense, for the repair or replacement, to the reasonable satisfaction of the Public Works Director/City Engineer, of any broken or damaged City-owned or operated real or personal property or public right-of-way caused, directly or indirect ly, by Licensee’s activities related to the Event. City shall invoice Licensee for all cos ts associated with such repairs not otherwise covered by the Security Deposit (as set f orth in Section 4), which invoice shall be paid within 30 calendar days of the date of the invoice.
8. CITY RESPONSIBILITIES: <<OUTLINE RESPONSIBILITI ES AGREED UPON BY CITY>> for use on the Premises.
9. HAZARDOUS MATERIALS: Licensee shall not store or use or consent to the storage or use of any Hazardous Materials on the Pr emises. As used in this Agreement, "Hazardous Materials," means any substan ce, material or waste which is or becomes regulated by the United States govern ment, the State of California, or any local or other governmental authority, includin g, without limitation, any material, substance or waste which is (i) defined as a "hazar dous waste", "acutely hazardous waste", "restricted hazardous waste", or "extr emely hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuan t to Section 25140, of the California Health and Safety Code; (ii) defined as a "hazardous substance" under Section 25316 of the California Health and S afety Code; (iii) defined as a "hazardous material", "hazardous substance", or "ha zardous waste" under Section 25501 of the California Health and Safety Code; (iv ) defined as a "hazardous substance" under Section 25281 of the Californ ia Health and Safety Code; (v) petroleum; (vi) asbestos; (vii) a polychlorinated b iphenyl; (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Code of Regulations, Chapter 20; (ix) designated as a "hazardous substance" pursuant to Section 311 of the Clean Wat er Act (33 U.S.C. Section 1317); (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Section 69 03); (xi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601); or (xii) any other substance, whether in the form o f a solid, liquid, gas or any other form whatsoever, which by any governmental requirem ents either requires special handling in its use, transportation, generation, co llection, storage, treatment or disposal, or is defined as "hazardous" or is harmfu l to the environment or capable of posing a risk of injury to public health and safety.
10. INSURANCE: Without limiting its obligatio ns pursuant to Section 11 of this Agreement, Licensee shall procure and maintain, at Licensee’s own cost and expense and for the duration of this Agreement, insurance c overage as set forth in "Insurance Requirements" attached to and incorporated into this Agreement as Exhibit C.
ATTACH MENT NO. 4 TO C OUNCIL POLI CY 2302
11. INDEMNIFICATION: By and on behalf of the Lice nsee, in consideration of the request for and the granting of this License, it is hereby agreed that the Licensee shall indemnify, defend (at Licensee's sole expense, with legal counsel approved by City) and hold harmless the City of Culver City, members of its City Council, its boards and commissions, officers, agents, and employees, and H ackman Capital Partners, its officers, agents, and employees (hereinafter, collectively, "Indemnitees"), from and against all loss, damage, cost, expense, liability, claims, demands, suits, reasonable attorneys' fees and judgments arising out of or in any manner related to this Agreement. This indemnification includes, but is n ot limited to, tort liability to a third person for bodily injury and property damage. Lic ensee agrees that this obligation to indemnify, defend and hold harmless extends to l iability and/or claims arising from Indemnitees' active or passive negligence. The dut y to defend referenced herein is wholly independent from the duty to indemnify, aris es upon written notice by City to Licensee of a claim within the potential scope of t his indemnification provision, and exists regardless of any determination of the ultim ate liability of Licensee, City or any Indemnitee. In addition and for the same consider ation, by and on behalf of the Licensee it is hereby agreed the Licensee shall, an d hereby does indemnify, hold harmless and defend Indemnitees for any and all c laims, judgments, demands and liability, including attorney fees and med ical, court and appeals board and any other costs related to any worker’s compe nsation claim, benefits or liability resulting from any injury to any City personnel arising or resulting directly or indirectly from any activities related to this Agreement.
12. FURTHER ASSURANCES: Each of the parties hereto shall execute and deliver any and all additional papers, documents and other assu rances, and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent and agreements of the parties hereto.
13. GOVERNING LAW: The terms of this License shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of Los Angeles County.
14. LITIGATION FEES: Should litigation arise out o f this License or the performance thereof, the court shall award costs and expenses, including attorney’s fees, to the prevailing party. In awarding attorney’s fees, the court shall not be bound by any court fee schedule, but shall award the full amount of costs, expenses and attorney’s fees paid or incurred in good faith.
15. TRANSFERABILITY AND ASSIGNABILITY: This Licens e is neither transferable nor assignable by Licensee.
16. NOTICES: All notices given or required to be g iven pursuant to this Licensee shall be in writing and may be given by personal delivery or by mail. Notice sent by mail shall be addressed as follows:
ATTACH MENT NO. 4 TO C OUNCIL POLI CY 2302
To City: City of Culver City
Attn: Jesse Mays, Assistant City Manager
9770 Culver Boulevard
Post Office Box 507
Culver City, California 90232-0507
To Licensee:
17. ENTIRE AGREEMENT: This License constitutes the entire agreement of the parties hereto relating to the Premises and shall supersede prospectively from the date it is entered into any and all prior written or oral nego tiations or agreements of the parties relating to the Premises. This License sha ll not be modified in any particular manner except by a written amendment duly executed by the parties.
18. AUTHORITY TO ENTER INTO AGREEMENT: The i ndividual(s) executing this Agreement on behalf of each party is (are) authoriz ed to execute this Agreement on behalf of said party. Each party has taken all act ions required by law to approve the execution of this Agreement.
<<LICENSEE NAME>>
DATE: BY:
DATE: CITY:
BY:
John Nachbar
City Manager
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Jesse Mays Heather Baker Assistant City Manager Ci ty Attorney ATTACH MENT NO. 4 TO C OUNCIL POLI CY 2302
EXHIBIT A EVENT
DIAGRAM
ATTACH MENT NO. 4 TO C OUNCIL POLI CY 2302
EXHIBIT B SPECIAL
EVENT PERMIT
(Behind this page.)
ATTACH MENT NO. 4 TO C OUNCIL POLI CY 2302
EXHIBIT C
INSURANCE REQUIREMENTS
A. Policy Requirements.
Licensee shall submit duly executed certificates of insurance for the following:
1. An occurrence based Comprehensive General Liability ("CGL") policy, at least as broad as ISO Form CG 0001, in the minimum amount of Three Million Dollars ($3,000,000) each occurrence, with not less than Si x Million Dollars ($6,000,000) in annual aggregate coverage.
The CGL Policy shall have the following requirement s:
a. The policy shall provide coverage for pers onal injury, bodily injury, death, accident and property damage and advertising injury, as those terms are understood in the context of a CGL policy . The coverage shall be utilized to satisfy, to the extent of the covera ge limits, the City’s self- insured retention under any other policy of insuran ce. The coverage shall not be excess or contributing with respect to the City’s self- insurance, commercial liability insurance, or any p ooled risk arrangements;
b. The policy shall provide $3,000,000 coverage per accident, for owned, hired and non-owned automobile liability; au tomobile liability coverage may be satisfied with a stand- alon e policy or as a component of the CGL policy;
c. The policy shall include coverage for liability undertaken by contract covering, to the maximum extent permitted by law. Licensee's obligation to indemnify the Indemnitees as required under Para graph 11 of this Agreement;
d. The Policy shall not exclude coverage for Completed Operations Hazards or Athletic or Sports Participants; and
e. The City of Culver City, members of its City Counci l, its boards and commissions, officers, agents, and em ployees, and Hackman Capital Partners, its officer, agents, and employees, will be named as additional insureds in an endorsement to the policy, which shall be provided to the City and app roved by the City Attorney.
f. The Policy shall not contain an “Independent Neg ligence” provision that would void or otherwise nullify the insurer’s obligation to defend and indemnify the City of Culver City in th e event that its independent negligence is alleged or proven.
ATTACH MENT NO. 4 TO C OUNCIL POLI CY 2302
g. The CGL limits may be satisfied with a primary p olicy with $3,000,000 occurrence/$6,000,000 annual aggregate, OR, by a pr imary policy with lower limits of coverage plus an Excess or Umbrella policy which will satisfy the occurrence and aggregate limit requirem ent. If Licensee’s insurance coverage provides coverage in excess of t hese required limits, but is eroded by payment or claim reserves, then Licensee or its insurance carrier shall notify the City of Culver C ity within ten (10) days when the contractual coverage limits provided are b elow the required coverage limits.
h. The City of Culver City reserves the right to re view and waive or modify the CGL aggregate requirement in the event that an adequate project specific policy and limits are pro vided.
2. Reserved.
3. Reserved.
4. If the Agreement will have Licensee employ ees working within the City limits, Licensee shall maintain Workers’ Compensation Insur ance (Statutory Limits) and Employer’s Liability Insurance (with limits of at l east one million dollars [$1,000,000] per accident.) Licensee shall submit to City, along wi th the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its of ficers, agents, employees and volunteers.
B. Waiver by City.
City may waive one or more of the coverages listed in Section A, above. This waiver must be express and in writing, and will only be ma de upon a showing by the Licensee that its operations in and with respect to City are not such as to impose liability within the scope of that particular coverage.
C. Additional Insurance Requirements.
1. All insurance listed in Paragraph A shall be i ssued by companies licensed to do business in the State of California, with a claims paying ability rating of "BBB" or better by S&P (and the equivalent by any other Rating Agen cy) and a rating of A-:VIII or better in the current Best's Insurance Reports;
2. Licensee shall provide City with at least thir ty (30) days prior written notice of any modification, reduction or cancellation of any of t he Policies required in Paragraph A, or a minimum of ten (10) days’ notice for cancellat ion due to non-payment.
3. City may increase the scope or dollar amount o f coverage required under any of the policies described above, or may require differ ent or additional coverages, upon prior written notice Licensee.
ATTACHMENT NO. 5
Address List of Qualifying Businesses
for Incidental Business/Commercial Use per Section VI
1. 9300 Culver Boulevard
2. 9400 Culver Boulevard
3. 9500 Culver Boulevard
4. 9512 Culver Boulevard
5. 9514 Culver Boulevard
6. 9516 Culver Boulevard
7. 9426 Washington Boulevard
8. 9432 Washington Boulevard
9. 9336 Washington Boulevard
10. 3912 Van Buren Place
11. 3918 Van Buren Place