Oakland City Council
July 5, 2022
+-
AGENDA REPORT
TO: Edward D. Reiskin FROM: Alexa Jeffress
City Administrator Director, Department of
Economic and Workforce
Development
SUBJECT: Supplemental Report for
Special Event Ordinance
Amendments
DATE: June 23, 2022
City Administrator Approval Date:
RECOMMENDATION
S
taff Recommends That The City Council Adopt The Following Pieces Of Legislation:
(
1) An Ordinance Amending (1) Oakland Municipal Code Chapter 9.52 (The Special Events Permitting Ordinance) To Transfer Responsibilities From The Oakland Police D
epartment (OPD) To Civilian Staff, Amend Security Protocols, Create Tiers For Differing Events, Streamline The Permit Review Process And Amend The Appeals Process And (2) Oakland Municipal Code Chapter 12.08 (The Encroachments Ordinance) To Align With The Changes To Chapter 9.52; And (
2) An Ordinance Amending Oakland Municipal Code Chapter 5.52 (Private Patrol Services And Private Watchman Ordinance) To Update Language In Compliance With The City’s Gender-Inclusive Language Policy Including Changing The Term “Watchman” To
“
Guard;” And
(
3) An Ordinance Amending The City Of Oakland Master Fee Schedule (Adopted By Ordinance No. 13678 C.M.S., As Amended) To Modify City Of Oakland Special Event Permit Fees.
REASON FOR SUPPLEMENTAL
A
t the special City Council meeting on June 21, 2022, staff presented amendments to the City of Oakland’s (City’s) Special Events and Street Closure Ordinances, Oakland Municipal Code (OMC) 9.52 and OMC 12.08, to move the permitting of events from the Oakland Police Department (OPD) to civilian staff pursuant to Resolution No. 88236 CMS. Additionally, staff outlined amendments to the Master Fee Schedule to reflect a new one-stop shop approach to special event permitting and a lower fire inspection fee for community events that support historically marginalized communities.
Jun 24, 2022
Edward D. Reiskin, City Administrator
Subject: Supplemental Report for Special Events Ordinance Amendments Date: June 23, 2022 Page 2
O
akland City Council
July 5, 2022
Following staff’s presentation, the City Council passed a motion to continue the item to the next regul
ar City Council meeting both to allow for the adoption of amendments to the Master Fee Schedule, which may only take place at a regular meeting, and to facilitate additional amendments related to special event application fees and security requirements for events.
This supplemental report summarizes staff’s updates to application fees and security requirements for the City Council’s consideration.
EXECUTIVE SUMMARY
A. U
pdates to Application Fees
Fol
lowing the discussion at the June 21st City Council meeting, staff has made the following amendments to how application fees are determined:
1. refined the definition of a “community event;”
2. authorized free events organized by non-profits or small organizations to qualify as “community events” for one year, after which they must satisfy the full definition of a “community event” to align with the City’s equity goals; and
3. introduced a fifty (50) percent application fee discount for a “community event.” (1) Re
fined Definition of Community Event
S
pecifically, staff proposes updating the definition for a “community event” to an event that is:
1. Free for attendees; and
2. Is organized by either: a 501(c)3 organization under the Internal Revenue Code; OR an organization with an annual budget of no more than $500,000; and
3. Either is located in areas that fall within the lowest quartile of the California Healthy Places index OR have a majority of vendors that reside in areas that fall within the lowest quartile of the California Healthy Places.
Thi
s updated definition makes explicit how an event qualifies as a “community event” and in the process lowers barriers to entry for both events taking place in under-resourced neighborhoods and for events composed of Oakland residents from under-resourced neighborhoods. (2) Fr
ee Events Organized by Non-Profits and Small Organizations Qualify as “Community Events” for One Year
I
n addition to updating the definition of a “community event,” staff recommends that for a one- year period events can qualify as a “community event” if they meet the first two criteria: being a free event and being organized by a non-profit or small organization; thereafter, staff recommends requiring events to satisfy all three criteria to qualify as a “community event.” The benefits of this proposal are two-fold:
1. This one-year period will put local organizations on notice that to continue qualifying f
or discounted fees they must ensure their event satisfies equity criteria. This one y
ear gives local organizations an opportunity to start tracking the composition of their vendors to ensure that their event supports under-resourced Oakland communities and if needed conduct outreach to entrepreneurs in those communities.
Edward D. Reiskin, City Administrator
Subject: Supplemental Report for Special Events Ordinance Amendments Date: June 23, 2022 Page 3
O
akland City Council
July 5, 2022
2. The one -year period will also provide time for the City to fill the special activity permit technician vacancy. This position will be critical in verifying the additional documentation that applicants will need to submit to qualify as a “community event” based on the composition of their vendors.
(3) F
ifty Percent Application Fee Discount for Community Events F
inally, in addition to the discounted fire inspection fees already included in staff’s initially recommended legislation, staff recommends that “community events” also qualify for a fifty (50) percent discount on special event application fees as outlined in Figure One below.
Fi
gure One: Proposed Discounted Special Event Application Fee for Community Events
DISCOUNTED APPLICATION FEE FOR
COMMUNITY EVENTS
TIER 1 (less than 300 people) $38.58
TIER 2 (300 or more people) $197.93
TIER 3 (2,500 or more people/parade) $810
TIER 4 (marathons) $2,281.95
P
lease note the City Council must balance any subsidy via the General-Purpose Fund.
Accordingly, staff recommends the City Council budget at least $100,000 in the upcoming Mid- Cycle Budget should the City Council adopt the proposed discounted application fees for “community events.”
B. U
pdates to Security Requirements
I
n addition to application fee adjustments, staff has updated special event security requirements following the June 21st City Council meeting. First, staff recommends deleting the phrase “if there is intelligence indicating that there will be conflict at the event” as a factor in determining security at an event. This deletion will minimize statutory ambiguity and avoid overburdening marginalized communities. Second, staff proposes amending OMC 9.52.080(A)(1) to state that the City Administrator will determine the level of security required at an event based on the recommendations of the OPD’s risk assessment. Similarly, staff also proposes adding under OMC 9.52.080(A)(2) that for the City to require law enforcement as a form of security at an event, the City Administrator must make a written finding that law enforcement is required for the event to take place safely.
The l
atter two amendments preserve the City’s authority to require law enforcement as a form of security at events provided that the event meets the security factors outlined under OMC
9.52.080 and the City Administrator confirms OPD’s analysis in a written finding. This adds transparency to the process, builds in an extra layer of review and eliminates the potential for or appearance of a conflict of interest in law enforcement requiring fellow law enforcement to staff events.
Edward D. Reiskin, City Administrator
Subject: Supplemental Report for Special Events Ordinance Amendments Date: June 23, 2022 Page 4
Oakland City Council
July 5, 2022
RECOMMENDATION
Staff Recommends That The City Council Adopt The Following Pieces Of Legislation:
An Ordinance Amending (1) Oakland Municipal Code Chapter 9.52 (The Special Events Permitting Ordinance) To Transfer Responsibilities From The Oakland Police Department (OPD) To Civilian Staff, Amend Security Protocols, Create Tiers For Differing Events, Streamline The Permit Review Process And Amend The Appeals Process And (2) Oakland Municipal Code Chapter 12.08 (The Encroachments Ordinance) To Align With The Changes To Chapter 9.52; And
An Ordinance Amending Oakland Municipal Code Chapter 5.52 (Private Patrol Services And Private Watchman Ordinance) To Update Language In Compliance With The City’s Gender- Inclusive Language Policy Including Changing The Term “Watchman” To “Guard;” And
An Ordinance Amending The City Of Oakland Master Fee Schedule (Adopted By Ordinance No. 13678 C.M.S., As Amended) To Modify City Of Oakland Special Event Permit Fees
For questions regarding this report, please contact Greg Minor, Assistant to the City Administrator, at (510) 238-6370.
Respectfully submitted,
ALEXA JEFFRESS
Director, Department of Economic and
Workforce Development
Prepared By:
Greg Minor
Assistant to the City Administrator