APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
ORDINANCE NO. ________________C.M.S.
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 A d m i n i s t r a t o r ( 1 ) s u b m i t t o t h e C o u n c i l a m e n d m e n t s t o O M C C h a p ter 9.52, and other ordinances that establish criteria, processes, and regulations for approving an d 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 e ncroachment ordinance, OMC Chapter
12.08; and
WHEREAS, staff’s 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, Fi r e D e p a r t m e n t , P o l i c e Department and Department of Transportation analyzed the resour ce 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;
________________________
CITY ATTORNEY’S OFFICE
CIL
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES OR DAIN 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 S hort-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 indic ated 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 o f any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion s of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each sect ion, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subse ctions, clauses or phrases may be declared invalid or unconstitutional.
SECTION 6. Effective Date. This ordinance shall become effective immediately on final ado ption if it receives six or more affirmative votes; otherwise it shall become effective upon the seventh day after final adoption.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES – FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
A T T E S T :
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
D a t e o f A t t e s t a t i o n :
EXHIBIT A
City of Oakland SPECIAL EVENTS Master Fee Schedule
Effective July 1, 2022
FEE DESCRIPTION FEE UNIT FEE UNIT %Change
Parade/Festival Permit
1 50.00
2 50.00
a. 50.00
135.00
c. $200
450.00
77.16 New Fees Reflect New One-Stop Shop Approach
395.85
$1,620
25 percent
reduced fee for
each repeat
event, up to a
maximum of 75
percent reduced
fee
INSPECTION CONDUCTED BY FPB INSPECTOR 441 P/H- 1 HR Min AFTER HOURS INSPECTION CONDUCTED BY FPB INSPECTOR 663 P/H- 2.5 HR Min Fire Inspection Rate for Community Events as defined by OMC 9.52.040 100 P/H Encroachment Permits
Small Event (50 to 100 people)
b. Medium Event (101 to 300 people)
Large Event (301 or more people)
d. Parade/Festival Permit
PROPOSED FEE
FY 2022-23
Special Event
CURRENT FEE
FY 2021-2022
SPECIAL EVENT FEES (As allowed under OMC 9.52)
Justification for Fee Change
88.22 for each additional 15 cannabis vendors
Tier One (less than 300 people)
4,563.90
546.89 for up to 15 vendorsEvents That Include Cannabis Vendors Special Event Application Fees
Tier Three (2,500 or more people/parade)
Repeat Special Events as defined by OMC 9.52.040
Tier Two (300 or more
Tier Four (marathons)
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.