Fremont City Council Meeting: 02/08/22 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Fees & Rates
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4530) DOC ID: 4530 B
Updated: 2/4/2022 10:21 AM by Susan Gauthier B Page 1
AMENDMENTS TO THE SPECIAL EVENTS ORDINANCE AND STAFF CHARGES - Introduce an Ordinance Amending the Special Events and Parades Ordinance and Adopt a Resolution Amending the Master Fee Schedule to Change City Staff Charges for Special Events
Contact Persons:
Name: Amy Gee Kim Beranek
Title: Management Analyst II/Public
Affairs Coordinator
Deputy Director
Div/Dept: Police Department Community Services
Phone: 510-790-6967 510-494-4330
E-Mail: [email protected] [email protected]
Executive Summary: Various City Departments, including Community Services, Police, and Public Works recently reviewed the Special Events and Parades Ordinance (FMC Chapter 12.25). City staff determined revisions are needed to align with current city practices and with anticipated future changes to the special event permitting process. It is also necessary to revise special event staff charge categories to align with services provided by the City and to update the Plaza Park category to align with the City’s upcoming Comprehensive Parks and Recreation Master Plan.
BACKGROUND: The Special Events and Parade Ordinance, FMC Chapter 12.25, (“Ordinance”) was last revised in 2013. Over the years, the City gradually changed its approach to special events, including responsiveness to public health and safety concerns related to events. In anticipation of how future events will be permitted, staff sees a need to revise the Ordinance.
Special event staff charges (Master Fee Schedule Article 1. General and Miscellaneous, Section 001.00000.3390, bullet C) was last updated in 2019. City staff suggests amending the special event staff charge categories to align with current and anticipated future services provided by the City.
In an effort to improve communication, historical event organizers who have applied for a special event permit since 2019 have been notified of these proposed changes. On January 19, 2022, an email outlining the proposed changes was sent to the group indicating this item was coming before the City Council for approval.
DISCUSSION/ANALYSIS:
Updates to the Ordinance: Proposed changes to the Ordinance are shown in the Draft Ordinance and are summarized below:
1. Using the current “Neighborhood – Civic Parks and Plazas” terminology as appropriate. The proposed amendment removes the plazas listed as examples and updates the park category name of “City Plazas” and use of the terminology “Neighborhood – Civic Parks and Plazas” to match the City’s pending Comprehensive Staff Report (ID # 4530) Meeting of February 8, 2022
Updated: 2/4/2022 10:21 AM by Susan Gauthier B Page 2
Parks and Recreation Master Plan. The proposed amendment also adds language to indicate the Recreation Division will continue to manage Civic Parks and Plazas, where approved by Council, as in the case of the Downtown Plaza.
2. Allowing late submissions under unforeseen circumstances. The proposed amendments include adding language for managing late applications to allow more flexibility for the City to evaluate the acceptance of late applications.
3. Allowing evaluation of applicant history within the past 12 months. The proposed amendments include expanding the reasons for denial of a special event permit to include the City’s ability to evaluate the applicant’s history of recent events that may have occurred outside of the City of Fremont.
4. Allowing established/recurring events, or those with significant impact, priority on historical event dates and location. The proposed amendments allow the City flexibility in approving events with a successful history or events with beneficial economic, public health, safety, or other impacts to the City to take precedence in securing an appropriate location.
5. Allowing deposits to be waived for events receiving funding from the City. The proposed amendments revise the ordinance to include a waiver of deposits for recipients of City funding for such events, thus reducing the processing of unnecessary payments and reimbursements from the event organizer and the City.
Updates to the Master Fee Schedule for Special Event Staff Charges: The current Special Event Staff charges were adopted in 2019 and include five staff categories and their hourly rates. The proposed amendments to staff charges effective FY 2022/2023 include revising the label of “Maintenance Employees” to “Maintenance Employees (Public Works/Community Services)” to allow better clarity to event organizers that maintenance employee service charges may be imposed by Public Works and/or Community Services as needed and as appropriate for their event. The amendments also include adding a sixth category “Public Service Assistant (PSA)” at the hourly rate of $25.00. The addition of this category would allow city departments to call in PSAs as needed and as appropriate to assist with special events. Their duties may involve monitoring the facility, allowing access to restrooms, preparation and cleanup of the event, etc. These services would be additional services not included in City rental facility fees or other special event permitting fees. The proposed $25.00 hourly rate is the City’s current average loaded PSA II rate provided by Community Services; PSA IIs are primarily utilized for these duties. It’s important to note that City staff is not proposing to recover the cost of PSAs that would be working on general assignments or who would otherwise be working during the event hours. The PSA service charges would be applicable when their service is called upon for the purpose of assisting the special events.
FISCAL IMPACT: Adoption of proposed changes to the Master Fee Schedule will result in a new category of special event staff charges, thus resulting in changes of fees assessed for special events as appropriate.
ENVIRONMENTAL REVIEW: Updates to Special Events and Parades Ordinance and amendments to City staff service charges for Special Events, are an administrative government activity that is not subject to the California Environmental Quality Act (CEQA) Staff Report (ID # 4530) Meeting of February 8, 2022
Updated: 2/4/2022 10:21 AM by Susan Gauthier B Page 3
pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Since it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment, the activity is not subject to CEQA.
LINKS:
City Fremont Municipal Code Chapter 12.25 Special Events and Parades:
https://www.codepublishing.com/CA/Fremont/#!/Fremont12/Fremont1225.html#12.25 City of Fremont Current Master Fee Schedule:
https://fremont.gov/DocumentCenter/View/25240/MASTER-FEE-SCHEDULE-Effective- December-2-2021-?bidId=
ATTACHMENTS:
• Draft Ordinance- Special Events
• Draft Resolution- Amend Master Fee Schedule Special Events
RECOMMENDATIONS:
1. Waive full reading and introduce the proposed ordinance amending the Special Events and Parades Ordinance.
2. Adopt a resolution amending the Master Fee Schedule for Special Event Staff Charges as outlined in Draft Resolution – Amend Master Fee Schedule Special Events.