Agenda Item Wording:
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Consideration of and direction on initiating potential Municipal Code updates to Visalia Municipal Code Chapter 12.48 Special Events.
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Deadline for Action: 8/21/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Tracy Robertshaw, Neighborhood Preservation Manager, (559)713-4187, tracy.robertshaw@visalia.city <mailto:tracy.robertshaw@visalia.city>
Paul Bernal, Community Development Director, (559)713-4025, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>
Department Recommendation:
Staff recommends that the City Council conduct a review of current processes and ordinance requirements related to Special Events (Chapter 12.48 of the Municipal Code) and consider information presented in this staff report. Based on the staff report, presentation, and public comments received, the City Council may direct staff to formulate changes related to Special Events and begin processing a Municipal Code Text Amendment to implement these changes.
Summary:
A recent review of Visalia Municipal Code Chapter 12.48 (Special Events) determined that it is in need of revisions that require clarification and corrections to various portions of this chapter. The following is a summary of the sections that need revisions.
1. Special Events Committee Name (reference Entire Chapter)
Throughout the ordinance, “Special Events Committee” is referenced. This language is misleading since there is not a committee of appointed members. Rather, the meetings held regarding Special Event applications is conducted entirely between City Departments / Divisions comprised of staff members from various departments.
In addition, the ordinance also requires the applicant meet with staff. However, given the current make of staff members assigned to review Special Event applications, staff does not require a meeting with applicants. Rather, if any additional information is required based on a Special Event application submittal, staff contacts the applicant to obtain this additional information, and if needed, may schedule a meeting between the applicant and City staff to address additional questions prior to processing the Special Event application. Updating the ordinance to reflect how Special Event applications are processed and reviewed by City staff is needed so that applicants have a clear understanding of how their application will be reviewed in accordance with the Special Events ordinance.
Therefore, staff recommends that revised language be implemented, and the word “committee” be replaced with language the reflects the group being comprised of City staff and not appointed by a governing body. Furthermore, revisions in the ordinance on holding a meeting between the applicant and staff are recommended to reflect how these applications are processed and reviewed for approval.
2. Special Event Authorization (Section 12.48.080 and 12.48.90)
Potential changes to this section will be considered to ensure that adequate language in the findings as listed in Section 12.48.080 are clear and concise when deciding whether to approve a Special Event application based on the information provided by the applicant. It is also suggested that language limiting special events that are not for strictly commercial reasons be deleted, to avoid placing City staff in a position of determining when an event is or is not being held for a commercial purpose. The revised conditions focus on requiring events to meet health and safety concerns, along with reviewing whether an applicant has a history of violating municipal requirements. An additional finding to allow denial of an application if it is determined that the special event will interfere with municipal services or other public agency services is also proposed. Language is also proposed to clarify the process for rejecting a special event application.
3. Insurance, Indemnification, Risk Mitigation Requirements (Section 12.48.100)
Based on staff’s research regarding this section of the ordinance, staff concludes that additional revisions to this section are required given the liability concerns that may arise from events using City property. Staff will seek to make revisions that protect the City and require applicants to provide insurance coverage when it is demonstrated that the event requires such coverage. Staff will work with the City Attorney’s office to ensure any revisions made to this section does not infringe on activities or events that are protected under First Amendment rights.
4. Monetary Deposits for Certain Special Events (Section 12.48.130)
Section 12.48.130 identifies that staff may require an applicant to pay a deposit reasonably calculated to reimburse the city for its reasonable and necessary costs in providing services for a special event. However, a “reasonable calculation / formula” has never been established based on staff’s research related to this ordinance provision. This has resulted in no deposits being collected for special events.
If directed, staff will proceed with establishing formulaic approaches on quantifying deposit amounts based on special event uses, which could be derived based on the size of the special event (anticipated number of participates) and/or the area needed for use by the special event (e.g., downtown area vs. a portion of public right-of-way). The formulas established would be contained in an updated Special Event policy that the revised ordinance language would cross-reference thereby ensuring applicants submitting Special Event applications understand what deposit amount could be applied to their event.
5. Traffic and Usage of Public Facilities Concerns
The City Council may also want to consider directing staff to incorporate new provisions to the Special Event ordinance to address concerns over traffic pattern disruptions caused by multiple special events and to increase the use of park facilities in lieu of streets for events.
There have been concerns raised with City staff about repeated usage of the same streets for events and whether that can cause disruptions of traffic patterns and parking. Staff notes that it is a possibility but would also note that the use of public property, including public streets, is a matter of public policy that can be set by the City Council through the special event ordinance, which can be worded to generally allow the use of public streets for special events, or be more restrictive in the use of streets.
City staff reviewed the usage of different publicly owned facilities over recent years and is interested in encouraging the use of these public facilities.
Below is the total number of events City records show as scheduled uses between 2018-2023 (July) at Garden Street Plaza:
• 2018 - 30 events
• 2019 - 56 events
• 2020 - 22 events
• 2021 - 7 events
• 2022 - 14 events
• 2023 - 11 (through July)
Below is the total number of events scheduled at the Convention Center Courtyard during recent years:
• 2018-2019 - 10 events (4 had multiple days)
• 2019-2020 - 5 events (1 had multiple days)
• 2020-2021 - 5 events
• 2021-2022 - 1 event
• 2022-2023 - 6 events (2 had multiple days)
The City Council may consider limiting the number and/or frequency of a Special Event that is consistently held, in the same location, using public streets or publicly owned outdoor facilities over a specified timeframe in the same calendar year. Consideration may be sought to limit the number of times continuous events are held when these events utilize public streets, sidewalks, or public outdoor owned facilities for their benefit as a way to conduct their regular business. Parks already has ordinance requirements that permit commercial vendors from operating in the park; however, if the Council desires, further research and potential changes to the Special Events ordinance could be considered that may limit the frequency of a Special Event as noted above within a park location and/or a publicly owned outdoor space.
Below is an example revision to the Special Events Ordinance that is intended to limit the usage of streets for events, it contains an exception for parades, since that type of event is specifically intended for streets, it would also allow special events supported by businesses adjacent to the proposed street location since traffic disruption concerns are often linked to parking concerns these businesses would be directly impacted by the proposed event and would likely be suited to decide whether a proposed event should be considered disruptive. It should be noted that this proposal is not included in the attached draft revisions.
In order to prevent long term disruption of traffic patterns and to encourage the use of parks and/or public or private facilities, and not public streets for special events, for purposes of this ordinance, the city may determine that an event substantially interrupts the safe and orderly movement of vehicular traffic contiguous to the streets where the proposed event is to be held if the applicant is requesting to hold an event, other than a parade, in a street that will impact traffic patterns for more than twelve (12) days in a calendar year or has filed similar event applications impacting the same streets within the previous twelve (12) months. The city may find that no substantial interruption is occurring if the applicant for the special event, or a sponsor of the special event, is a property owner or tenant of property with street frontage in the area proposed for closure, or if the requested closures for special events only impact alleyways.
Based on direction received, staff will work on drafting updates to the Special Events ordinance which will be presented to the Council at a future meeting. In addition, if directed by the City Council, any proposed revisions to the Special Events ordinance can be presented to various stakeholders that have utilized the Special Events process.
Fiscal Impact:
N/A
Prior Council Action: N/A
Other: N/A
Alternatives:
The City Council may, in lieu of the recommended motion, direct staff to not process any amendments to Visalia Municipal Code Section 12.48 Special Event.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to direct staff to begin drafting revisions to Chapter 12.48 based on the City Council’s desired options as identified in the staff report and during the work session presentation.
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Environmental Assessment Status:
The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project” as defined in CEQA Guidelines Section 15378. Furthermore, this action is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) since there is no reasonable possibility that it would have a significant effect on the environment.
CEQA Review:
The requested action is not a “project” under CEQA.
Attachments:
1. Chapter 12.48 Special Events