Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: OCTOBER 24, 2023
SUBJECT: STREET CLOSURE APPLICATION AND FEES FOR VETERANS
DAY/MARINE CORPS BIRTHDAY FUNDRAISER EVENT
EXECUTIVE SUMMARY
The City Council will consider a request for a Street Closure permit and fees, submitted by Bastards American Canteen (BAC). BAC has a fixed business location at 11045 Downey Avenue. The street closure is necessary to facilitate a fundraiser event for a Veteran Non-Profit Organization (Veterans Stand Together) hosted in honor of Veterans Day and the United States Marine Corps birthday. The street closure that would be dedicated for the event is as follows: along Downey Avenue between 2nd Street and 3rd Street and on 3rd Street for approximately 100-feet west of Downey Avenue. The hard closure to traffic will extend along Downey Avenue to 4th Street and along 3rd Street to New Street. The street closure would take place from Thursday, November 9, 2023 at 12:00 p.m. and end on Saturday, November 11, 2023 2:00 a.m. The fundraiser event is scheduled to take place on Friday, November 10, 2023 from 12:00 p.m. to 10:00 p.m.
RECOMMENDATION
That the City Council:
Approve the Street Closure Permit and fees submitted by Bastards Canteen for its event.
DISCUSSION
On September 21, 2023, Bastards American Canteen (BAC) submitted a street closure application for their annual Veterans Day and the United States Marine Corps birthday celebration event scheduled for Friday, November 10, 2023. BAC has held events in the past in honor of military veterans both on private and public properties. This year’s street closure request encompasses an area larger than last year’s event.
The street closure that would be dedicated for the event is as follows: along Downey Avenue between 2nd Street and 3rd Street and on 3rd Street for approximately 100-feet west of Downey Avenue. The hard closure to traffic will extend along Downey Avenue to 4th Street and along 3rd Street to New Street. The street closure would take place from
APPROVED BY
CITY MANAGER
BASTARDS/SAVE THE BRAVE STREET CLOSURE APPLICATION
OCTOBER 25, 2022
PAGE 2
4th Street and along 3rd Street to New Street. The street closure would take place from Thursday, November 9, 2023 at 12:00 p.m. and end on Saturday, November 11, 2023 2:00 a.m. The fundraiser event is scheduled to take place on Friday, November 10, 2023 from 12:00 p.m. to 10:00 p.m.
The event includes Veteran resources, food vendors, music stage with live entertainment, and a beer garden. The applicant has informed staff that they intend on using the same food vendors that are used by the by Angel City Market. The special event would be held exclusively on public-right-of-way and would necessitate the requested street closure.
The applicant is proposing to limit the event to a target audience of 21 years and over, and is requesting to designate a portion of the street closure area as a ‘beer garden’ per Attachment B. The street closure would be completed enclosed with fencing, thereby designating the area as a beer garden in order to meet the State of California Department of Alcoholic Beverage Control (ABC) license requirements. The number of anticipated participants is expected to reach up to 1,200 people.
The event organizers would be responsible for the complete set-up and breakdown of the beer garden fencing including the implementation of the street closure using a professional and licensed traffic control company approved by the Public Works Department. The street closure would be conditioned to require that the applicant notify the affected Downtown Downey businesses and notify the Downtown Business Association (DDIA), specifically those directly adjacent to the street closure on Downey Avenue, 2nd and 3rd Streets. As with all Special Use Permits, fees are required of the applicant to receive required permits. Fees for this event are as outlined below. At this time, there is a remaining balance for Downey Police security services from the event last year that BAC will need to settle before the special use permit can be issued for this year ’s event. The remaining balance is $2,383.
The City permit costs and labor costs associated with the street closure are as follows:
Veterans Day and the United States Marine Corps birthday November 10, 2023 from 12:00 p.m. to 10:00 p.m.
Applicable City Fees, Materials and Labor Costs
Department Estimated
Value
Applicant’s Requested Item -
Cost Details
1. Police
Department $4,477
Cost for 4 officers for event plus 30 minutes before and 30 minutes after event end time calculated at overtime rate.
Total of 11 hours.
Hourly Rate: $101.75.
2. Fire
Department $232 Special Event Permit fee
BASTARDS/SAVE THE BRAVE STREET CLOSURE APPLICATION
OCTOBER 25, 2022
PAGE 3
3. Public
Works
Department
-
Engineering
Division
$65 Encroachment Permit fee
4. Public
Works
Department
-
Maintenance
Division*
$3,815*
*Estimated labor and material costs to provide Street closure & Traffic Control Services using City staff, vehicles and barriers.
5. Planning
Division $117 Permit Application Fee
6. Building &
Safety
Division
$532 Permits and Special Inspection
TOTAL $9,238
*Final cost subject to final calculation of labor and materials expended
Staff from Community Development, Administration, Police, Fire, and Public Works Departments carefully reviewed the application and met with the event organizer to provide input as to safety and logistical considerations. The event organizer wi ll be required to comply with the attached conditions of approval (Attachment C) in order to ensure a successful and safe event for all attendees. Conditions include, but are not limited to, providing trash receptacles, portable restrooms, security guards, police officers, engaging with a professional and licensed traffic control company approved by the Public Works Department to implement the street closure, approval from the Department of ABC for the ‘beer garden’ and Los Angeles County Health Department for food vendors, and to ensure the event site is properly restored.
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
Economic Vibrancy
Public Engagement
FISCAL IMPACT
There is no fiscal impact. The event organizers will only be invoiced for all costs associated with the event if City implements the street closure on behalf of the applicant, which will include permit fees and labor costs.
ATTACHMENTS
A – Street Closure Application
B – Site Map
C – Conditions of Approval
Emergency Exit 28FT x 8FT STAGE 10x10 Resource Booths Fence Line ENTRANCE & EXITS 10x10 Vendor Booths Beer Refrigerator Restrooms RFGR 10 X 6 BEER SERVING STATIONS PEDESTRIAN ACCESS PEDESTRIAN ACCESS ID CHECKPOINT PEDESTRIAN ACCESS 30 kilowaƩ generator CHECK IN
Department Conditions
PLANNING DIVISION
1. The street closure that would be dedicated for the event is as follows: along Downey Avenue between 2nd Street and 3rd Street and on 3rd Street for approximately 100-feet west of Downey Avenue. The hard closure to traffic will extend along Downey Avenue to 4th Street and along 3rd Street to New Street. The street closure would take place from Thursday, November 9, 2023 at 12:00 p.m. and end on Saturday, November 11, 2023 2:00 a.m. The fundraiser event is scheduled to take place on Friday, November 10, 2023 from 12:00 p.m. to 10:00 p.m. (Attachment B of October 24, 2023 City Council Staff Report).
2. Event organizer must provide written notification to all business and the Downtown Downey Improvement Association, located on Downey Avenue & between 2nd and 3rd Street and business on 3rd Street west of Downey Avenue of upcoming street closure.
Notification must be provided at the minimum 10 days in prior to street closure. A copy of this notification must be provided to Associate Planner Abraham Luna ([email protected]) when sent to the affected businesses.
3. Approved activities at the event shall consist of a maximum of approximately seven (7) food vendors, ten (10) 10’ x 10’ resource tents, live music provided on a 28’ x 8’ stage and a beer garden as identified in the plans in a fenced in area.
4. All fencing required by ABC for the beer garden shall not obstruct pedestrian side walk access and shall be the sole responsibility by the applicant to install and remove by the end of the street closure.
5. Any necessary Health Department approvals required for the sale of food shall be obtained prior to the start of the event. Copies of all Health Permits or any changes to permits must be submitted to the Planning Division on the Monday prior to the event.
6. The event organizers would be responsible for the complete set-up and breakdown of the event including the implementation of the street closure using a professional and licensed traffic control company approved by the Public Works Department or as approved by the City otherwise. No parking signs and related signage must be approved by the Downey Public Works Department.
7. No parking signs shall be placed out in front of each effected parking stall no earlier than 72 hours prior to the event. The applicant shall be responsible for posting such signs.
Photographic evidence shall be provided via email of posted “No Parking” signs to Associate Civil Engineer Brian Aleman ([email protected]) & Associate Planner Abraham Luna ([email protected]) upon the posting.
8. The applicant shall provide twenty (20) trash receptacles on the subject site, including surrounding parking areas. During the event, organization member(s) shall walk around the premises to remove trash on the event site (including parking lots), the adjacent sidewalks and neighborhoods. Trash bins shall be often emptied to avoid overflow and spillage onto City Street and sidewalks
BUILDING & SAFETY DIVISION
9. Any food service shall be checked and approved by the County Health Department as part of the building department conditions of approval.
10. All generators over 25 kVA shall be shown on the site plan and will require a permit by the Building & Safety Division. The applicant shall be required to apply and pay for a minimum three (3) hour inspection to cover the costs for the application and special inspection totaling $531.12. This cost shall include inspection of the stage as proposed on the plans.The applicant is responsible for requesting such inspection with Jeff McIver at the minimum of 10 days in advance via email ([email protected]) or by phone (562) 904-7141.
11. Temporary structures that cover an area greater than 120 square feet or used for the gathering of 10 or more persons require permits. The construction documents shall include a site plan indicating the location of the temporary structure and information delineating the means of egress and the occupant load. The temporary structure shall be located in accordance with the requirements of California Building Code Table 602 based on the fire- resistance rating of the exterior walls proposed type of construction (10 feet minimum from property line based on Type VB).
12. Temporary structures or facility shall meet the requirements of Chapter 11B of the California Building Code. Site plan shall include a site accessibility plan identifying exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and truncated domes. Path of travel shall be provided from the public right of way and accessible parking to building or facility. The design professional shall ensure that the site accessibility plan is compliance with the latest Federal and State regulations.
FIRE DEPARTMENT
13. The following comments pertain to a fire review of a submitted design review plan(s). The comments contained herein shall not be construed as complete or encompassing all fire- life safety code requirements as set forth in local, State, and/or National codes.
14. In order to receive a preliminary letter of approval (currently required by Los Angeles County Department of Public Health for special events serving food), a completed permit application with site plan must be received by Downey Fire Department. No letter will be issued until an application is submitted.
15. All tents, fire protection equipment, cooking equipment, and electrical work (e.g. generator) must in place and ready for field inspection by 12:00 PM on the day of the event to facilitate a fire-life safety inspection by the Downey Fire Department.
16. The applicant shall obtain a special event permit from City of Downey Fire Department.
Permit shall be obtained through the Fire Prevention Bureau no later one weeks prior to the event.
17. The applicant shall obtain a tent permit from the Fire Department. Tents and membrane structures having an area in excess of 400 square feet; or tents open on all sides having a size of 700 square feet or more; or aggregate area of multiple tents placed side by side without a fire break clearance of 12 feet and exceeding 700 square feet shall require a separate tent permit [CA Fire Code 3103.2]. Applicant shall ensure a tent permit is obtained by no later than one weeks prior to the event. Tent permit application shall provide a detailed site plan/map indicating additional detail on generator location and size, tent size and layout, seating/table plan, cooking equipment location / distance from tents, etc.
18. Tents shall comply with CA Fire Code, CA Code of Regulations, and State Fire Marshal for flame resistance standards of fabric [CA Fire Code § 3104.3; 3104.4; CCR Title 19 Division 1, §315(d); §335(a)]
19. Generator (if present) shall be properly grounded as per NFPA 70 and the Electrical Code.
Generators shall not be located within 10 feet of a property line.
20. Generators and other internal combustion power sources shall be separated from tents or structures by not less than 20 feet and generators shall be isolated (e.g. protected by physical barriers such as fencing, enclosure, or other approved means) from contact with the public. [CA Fire Code §3104.19]
21. Maintain occupant load in all structures, buildings, tents, canopies as per California Fire Code. Occupant load shall be posted and clearly visible inside canopy/tents with side walls, assembly hall area, etc.
22. The Applicant shall provide fire extinguishers on the subject property in accordance with California Fire Code. Currently serviced (tagged) 2A/10BC fire extinguishers shall be provided and clearly visible at seating area, beer garden tent, tents/stage area [CA Fire Code 906, CCR Title 19]
23. Tents shall not be located within 20 feet of parked vehicles, open flame or heating devices, BBQs, combustion engines (e.g. generators) [CA Fire Code 3104.7]
24. Smoking is not permitted in any tent. No smoking signs shall be conspicuously posted in all tents.
25. Tents with occupant load in excess of 50 persons shall have required number of exits and illuminated exit signs and emergency lighting [CA Fire Code 3103.12.6.1]
26. Crowd managers (clearly identified as such via uniform, vests, shirts, etc.) shall be provided with duties to maintain egress, assist in evacuation, and maintain fire lanes and site access [CA Fire Code 403.12.3].
27. Clarify if lighting stands will be utilized. Provide additional detail and information on lighting stands. How secured, grounded, protected from physical contact, etc.
28. 3-foot minimum clearance shall be provided around all fire hydrants. Tents, stages, generator etc. shall not obstruct access to fire protection equipment [CA Fire Code 507.5.4; 507.5.5]
29. Event shall not obstruct or impede egress from any neighboring occupancy, business, and/or building.
30. An Emergency Action Plan shall be completed by Thursday October 3rd if the expected attendance of the event is to be greater than 500 people. Additional information regarding this plan and its requirements can be obtained from the Emergency Manager’s Office of the City of Downey.
PUBLIC WORKS DEPARTMENT
31. The owner/applicant shall obtain all necessary plan approvals and permits.
32. Post “No Parking” signs 72-hr in advance. Provide photographic evidence through email to Brian Aleman, Associate Civil Engineer ([email protected]) upon the posting of the "No Parking" signs.
33. Owner/Applicant shall receive approval from other businesses in the vicinity that will be impacted by the road closure.
34. The facility shall provide twenty (20) trash and recycling receptacles for the disposal of food and debris at the event.
35. The sidewalk on both the east and west sides of Downey Avenue and northside and southside of 3rd Street must remain clear at all times to allow pedestrian access.
36. The owner/applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the State Water Resources Control Board; and Ordinance 1142 of the Downey Municipal Code (DMC).
37. Street maintenance by water hosing method shall be prohibited at all times (refer to Attachment A: Best Management Practice). It shall be the responsibility of the owner/applicant to maintain the street area free from debris during the duration of the street closure.
38. Owner/Applicant shall submit a traffic control plan along with a detour plan showing the alternative route vehicles will be taking due to the closure of Downey Avenue. Said plan shall be stamped by a Registered California Professional Engineer (PE) and submitted to the City of Downey Engineering Division for review and approval prior to the event. It is recommended by the City of Downey Public Works Department to keep 3rd Street open for City emergency personnel.
39. The applicant shall coordinate with Public Works staff, Brian Aleman ([email protected]) for closure of the street once approved by City Council.
POLICE DEPARTMENT
40. Four (4) police officers shall be contracted from the Downey Police Department to patrol the event from the hours of 11:30 a.m. to 10:30 p.m. The applicant shall contact Special operations Sergeant Timothy McCarthy ([email protected]) shall be contact at least 30 days in advance to schedule the officers for the event. The applicant shall be responsible for payment of these fees or as otherwise approved by City Council.
41. A minimum of twelve (12) security guards shall be present at all times roaming the event from the hours of 11:30 a.m. to 10:30 p.m. to monitor the event. Security company shall be licensed and bonded.
42. Security guards shall be stationed at each entry/exit point of the beer garden to conduct age verification to enter the 21 year and over event. An additional two (2) security guards shall be roaming the beer garden.
43. Applicant shall provide a security plan for approval to Lieutenant Vince Rosario ([email protected]) for approval at least 14 days prior to the event.
44. Security guards shall be easily identifiable in brightly colored security shirts. The security shirts shall not resemble the shirt/uniform colors of Downey Police officers; they shall not be blue or black. All security guards shall wear shirts with “SECURITY” written in large white letters on the front, back, and around arm sleeve bands. The security guards shall be unarmed.
[End of Conditions]
Attachment A
Storm Water Pollution Control Requirements for Construction Activities Minimum Water Quality Protection Requirements for All Development Construction Projects/Certification Statement
The following is intended as an attachment for construction and grading plans and represent the minimum standards of good housekeeping which must be implemented on all construction sites regardless of size. ☐ Eroded sediments and other pollutants must be retained on site and may not be transported from the site via sheetflow, swales, area drains, natural drainage courses or wind.
☐ Stockpiles of earth and other construction related materials must be protected from being transported from the site by the forces of wind or water. ☐ Fuels, oils, solvents and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil and surface waters. All approved storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system.
☐ Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site.
☐ Excess or waste concrete may not be washed into the public way or any other drainage system. Provisions shall be made to retain concrete wastes on site until they can be disposed of as solid waste.
☐ Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. ☐ Sediments and other materials may not be tracked from the site by vehicle traffic.
The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public way. Accidental depositions must be swept up immediately and may not be washed down by rain or other means. ☐ Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water.
☐ Other
_____________________________________________________________ _____________________________________________________________
As the project owner or authorized agent of the owner, I have read and understand the requirements listed above, necessary to control storm water pollution from sediments, erosion, and construction materials, and I certify that I will comply with these requirements.
Project Name: _________________________________________________________ Project Address: _______________________________________________________
Print Name ______________________________________
(Owner or authorized agent of the owner)
Signature _____________________________________ Date __________________ (Owner or authorized agent of the owner)