Fit bu-OFfICE QF THE CITY G l.1nh
OAKLAND
22 JUN 23 PH 8:35 APPROVED AS TO FORM AND LEGALITY
^yi***k*Hr
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
mCM.S.ORDINANCE NO.
ORDINANCE AMENDING THE CITY OF OAKLAND MASTER FEE
SCHEDULE (ADOPTED BY ORDINANCE NO. 13678 C.M.S., AS AMENDED) TO
MODIFY SPECIAL EVENT PERMIT FEES
WHEREAS, in 1999 the City of Oakland enacted a special events ordinance, codified as Oakland Municipal Code (OMC) Chapter 9.52, to establish procedures for applying for extraordinary police services for special events in the City of Oakland; and
WHEREAS, in 2020 the City Council adopted Resolution No. 88236 CMS, which requested that the City Administrator (1) submit to the Council amendments to OMC Chapter 9.52, and other ordinances that establish criteria, processes, and regulations for approving and permitting special events, to move special events permitting functions from the Oakland Police Department to the City Administrator’s Office; and (2) designate personnel, in alignment with civil service processes, who can handle street closures and related duties for parades, festivals and similar events; and'
WHEREAS, following the passage of Resolution No. 88236 CMS an interdepartmental team of City staff reviewed past efforts to improve the City of Oakland’s special events permitting process, conferred with the City of Oakland’s Cultural Affairs Commission, and drafted amendments to the City’s special event permit ordinance, OMC Chapter 9.52, and the City of Oakland’s encroachment ordinance, OMC Chapter
12.08; and
WHEREAS, staffs proposed amendments establish a one-stop shop approach to special event permitting allowing special event applicants to submit one application and engage with representatives with multiple departments at once to ensure safe and successful events; and WHEREAS, staff in the Economic and Workforce Development Department, Fire Department, Police Department and Department of Transportation analyzed the resource requirements to implement the new one-stop shop approach to special event permitting and incorporated those costs in the special event related fees proposed herein; and
WHEREAS, to the extent the fees proposed below do not fully recover the City’s costs regulating special events, the General Purpose Fund shall fund the difference;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
Section 1: Recitals. The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this ordinance.
Section 2. Findings. Based upon all written and oral reports and presentations to the City Council, including the Agenda Report accompanying this Ordinance, the City Council finds and determines that the proposed modifications to the Master Fee Schedule set forth herein are not more than necessary to reimburse the City for the costs of performing the various municipal functions.
Section 3: Master Fee Schedule. The Master Fee Schedule adopted by Ordinance No. 13678, as amended, is hereby amended to modify the Special Event Application and Short-Term Encroachment Permit Fees, authorized pursuant to Oakland Municipal Code Chapters 9.52 and 12.08, as set forth in Exhibit A attached hereto and incorporated herein by reference (new fees are indicated in underline text and deleted fees are indicated in strikeout text, fees not included in Exhibit A or not shown in underline or strikeout text are not changed).
Section 4: California Environmental Quality Act. This action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3) (general rule for projects that have no direct or reasonably foreseeably indirect physical change to the environment).
SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.
SECTION 6. Effective Date. This ordinance shall become effective immediately on final adoption if it receives six or more affirmative votes; otherwise it shall become effective upon the seventh day after final adoption.
JUL 1 9 2022IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES -pfE GALLO, KALB,
PRESIDENT FORTUNATO BAS
REID, TAYLOR, THAO AND
0NOES- 0
ABSENT - ey
ABSTENTION-^?
ATTEST:
City Clerk and Clerk of the Council of the
City of Oakland, California
Introduction Date
m 5 2022 Date of Attestation:
EXHIBIT A
SPECIAL EVENTSCity of Oakland
Master Fee Schedule
Effective July 1, 2022
CURRENT FEE
FY 2021-2022
PROPOSED FEE
FY 2022-23
FEE DESCRIPTION FEE UNIT
UNITFEE %Change
Justification for Fee Change
SPECIAL EVENT FEES (As allowed under OMC 9.52)
1 Encroachment-Permits
2 Special Evont
Sn Small EvenHSO to 1DQ people)
b,-Mediuro Event (101 to 300-paopte)
54MJ&
§om
135.00
$2QQ
dr Farade/Festiv&t Permit 450.00
Special Event Application Fees
Tier One (less than 300 people)
77.16 New Fees Reflect New One-Stoo Shop Approach
Tier Two (300 or more
395.65
Tier Thtee (2.500 or more oeocle/oaradet SI .620 4.563.90Tier Four (marathons)i Repeat Special Events as defined by OMC 9.52.040
25 percent
reduced fee tor
each repeat
event, up to a
maximum of 75
percent reducedfee
Events That Include Cannabis Vendors 546,89 for up to 15 vendors
88.22 for each additional 15 cannabis vendors
INSPECTION CONDUCTED BY FPB INSPECTOR
AFTER HOURS INSPECTION CONDUCTED BY FPB INSPECTOR
Fire Inspection Rate for Community Events as defined bv OMC 9.52.040 P/H-1 HR Min
P/H-2.5 HR Min
441
G63
P/H100
B -1
NOTICE AND DIGEST
ORDINANCE AMENDING THE CITY OF OAKLAND MASTER FEE
SCHEDULE (ADOPTED BY ORDINANCE NO. 13678 C.M.S., AS AMENDED)
TO MODIFY SPECIAL EVENT PERMIT FEES
This Ordinance would amend the City’s Special Event Application and inspection fees to reflect a new one-stop shop interdepartmental approach to special event permitting, a new tier-based approach that distinguishes events in four categories based on their complexity, introduces fees for events that include the sale of cannabis, and a reduced fire inspection fee for special events that support historically marginalized communities.