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HomeMy WebLinkAbout10/03/2017 15 Special Event Fees; Non-Profit OrganizationsBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 15. For Meeting of: October 3, 2017 ITEM TITLE: Review of special event fees for non-profit organizations SUBMITTED BY: Sean Hawkins, Economic Development Manager, 575-6274 SUMMARY EXPLANATION: Sean Hawkins and Capt. Gary Jones presented information on special event cost recovery fees to the Public Safety Committee at their September 28, 2017 meeting. The request to bring this to committee came at the September 19, 2017 Yakima City Council meeting when representatives from two annual motorcycle "toy runs" asked for a waiver from the cost recovery fees. The toy runs benefit the Salvation Army and the YWCA. The packet prepared for the Public Safety Committee is included with this agenda statement and includes the following documents: 1. Hawkins September 2017 Memorandum to Public Safety Committee 2. Jones September 2017 Memorandum to Public Safety Committee 3. O'Rourke, Rizzi, Hawkins April 2013 Memorandum to Yakima City Council 4. Hawkins September 2014 Memorandum to O'Rourke 5. September 3, 2013 Special Event Ordinance Details 6. September 3, 2013 Yakima Council Minutes 7. Washington Special Event Fee Analysis - November 2016 Hawkins and Jones provided the history of the special event fee schedule which went into effect on January 1, 2014 and provided details for Council member consideration and discussion. ITEM BUDGETED: STRATEGIC PRIORITY: Public Safety APPROVED FOR F SUBMITTAL:cl*� + '~"" "City Manager STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: The recommendation of the Public Safety Committee was to make no changes to YMC 9.70 as it relates to special event fees. ATTACHMENTS: Description Upload Date Type D September 28, 2017 Public Safety Committee Materials 9/2812017 r Memo •> .. - _ . •ITZ Fron Sean• • Development M. .•_ At the September 19, 2017 Yakima City Council meeting, Council requested a review of special event fees in regards to a request from two organizers of annual toy runs in the City of Yakima who would like the fees waived. The benefactors of the two toy runs are the Salvations Army of Yakima and the YWCA of Yakima. The full language of YMC 9.17.190 — Cost recovery for special events is included in this packet that was adopted by the Yakima City Council on September • Yakima Chapter Harley Owners Group (on behalf of YWCA) — November 13, 2016 — Organizers were quoted a $1,500 cost recovery charge for the Yakima Police Department to provide seven officers on overtime for a Sunday toy run. The organizers consented and provided a $750 check for the fee at the time of picking up their permit. • Salvation Army Motorcycle Tory Run — November 6, 2016 — Organizers were quoted a $1,500 cost recovery charge for the Yakima Police Department to provide seven officers on overtime for a Sunday toy run. The organizers declined at the last moment and signed their permit agreeing that "there would be no police escort for the riders. Riders must obey all traffic laws throughout the route". If the City were to change the ordinance and allow no cost recovery fee for city services for non- profit organizations, the City would need to be prepared for additional organizations to ask for a similar exemption without a determined budget source to fund the services. Using 2015 as an example, here is a list of events that paid a cost recovery fee or that City staff worked closely with to develop an event route that didn't necessitate the need for City services: • April 11, 2015 — Run for Your Life 5k on Yakima — Hosted by Pacific NW University — paid $1,500 fee for police services for their run down Yakima Avenue. • May 16, 2015 — March of Dimes — Fundraising Walk - To avoid paying upwards of a $1,500 fee, City staff worked with organizers to create a safe walking route through the Barge Chestnut Neighborhood instead of using Tieton Avenue as initially proposed. • June 20, 2015 — Kiwanis Club of Yakima — Ron Bonlender Cruise Night — paid a $250 fee for officer time to host an additional Cruise Night on Yakima Avenue. • June 20, 2015 — Color Vibe — Paid a $1,600 fee to host a 5k Run and Color run on the June 27, 2015 —Convoy for Wishes —Paid a $700 fee for six officers to provide traffic services for theirevent. July 12, 2015 — Valley of the Fire Triathlon — Hosted by the Yakima Greenway — the Yakima Greenway paid a $700 fee for police safety services as part of their first year • October 3, 2015 — Walk to End Poverty — Hosted by Love, Inc. - To avoid paying upwards of a $1,500 fee, City staff worked with organizers to create a safe walking route on the sidewalks along Yakima instead of Yakima Avenue itself. October 31, 2015 — Through a separate arrangement, the Barge Chestnut Association typically •_ $1,000 • YPID and • Works service to create a safe Halloween experience in their neighborhood district. In 2015, both the Toy Runs listed above were able to receive traffic services from on • officers • were • overtime • another City project and stayed • duty to provide traffic services. C.'ity of )'c1ki11tcr 200 S. 1"' Street o� c Police De artmentYakima_'A!wI1in�,ton�� _ z Dominic Rizzi. Jr. Chirl'W*Police I k•lephonc (501)1575-6100 1'.,j\ j50y} j75 h(II:I� Lf r. Y4550 Memorandum September 25, 2017 To: Public Safety Committee and City Manager Cliff Moore From: Gary .tones, Captain Subject: Special Event Fees Related to the Use of Police Officers The attached document provides information related to use of police officers for special permitting events. Police officers provide different functions for specific events that include vehicle traffic control. crowd management, and venue security. Some events such as motorcades require specially trained officers that are qualified to operate police motorcycles. Some events use a combination of on -duty and off-duty officers to perform required tasks, but with current staffing levels being certainly tared, it has become increasingly difficult to draw from on -duty resources. This is especially true for weekend events when many specialty units are not on duty. Special events have varied lengths and necessities for City resources including police. No matter the duration of a specific event. the collective bargaining agreement between the City and the Yakima Police Patrolman's Association requires that officers and sergeants are compensated for a minimum of three (3) hours when returning to work from an off-duty status. The need for law enforcement at these special permitted events is one of safety. The closure of streets, re-routing of traffic, and maintaining order with large crowds can be problematic when such events are understaffed, planning and forecasting are not completed, and collaboration between all of the operational components is insufficient. Respectfully Submitted, y Jones, Captain rol Division Commander CITY FUNDED EVENTS FOR SECURITY AND TRAFFIC CONTROL EVENT NUMBER OF OFFICERS HOURS PER OFFICER COST Memorial Day Parade 15 Officers 3 Hours $3,012 Cinco de Mayo Parade 9 Officers 3 Hours $1,824 Veterans Day Parade 18 Officers 3 Hours $3,654 Christmas Light Parade 15 Officers 3 Hours $3,012 Sunfair Parade 28 Officers 4 Hours $7,552 4th of July Celebration 10 Officers 8-10 Hours $7,920* Total Cost: $26,974 The costs were based on the use of a supervisor and top step officer wages. The wages included on and off duty officers depending on whether some of the events were held on weekdays or weekends. Officer hours equates to the amount of hours paid per contractual agreements and necessity. * The 4th of Juky Celebration is not specifically listed in the ordiance. The overtime funding for this event was special emphasis grant money. MOTORCYCLE ESCORT EXAMPLES EVENT NUMBER OF OFFICERS HOURS PER OFFICER COST Toy Run 8 Officers 3 Hours $1,617 Toy Run 10 Officers 3 Hours $2,013 The cost is based on one supervisor and the remainder are officer positions. The officer hours are based on contractual agreements. *Sergeant Hourly Overtime Rate: $77.00 per hour *Officer Hourly Overtime Rate: $66.00 per hour •is To: Council From-, Tony 0' Rourke, City Manager Dominic Police - Sean Hawkins, Economic Development Manager Date: April 19, 2013 Subject: Traffic Control Cost for Marches and Parades The City of Yakima spends between $40,000 and $60,000 per year on Police Department overtime to provide traffic control services for marches, parades and other activities that require groups using City streets.- costs have notbeen - • - -• by • organizations. The traffic control services for parades or marches is different from the security services provided by off-duty YPD officers to events like the Fresh Hop Ale Festival, Cinco De Mayo or 3 on 3 Basketball Tournament. Those events pay a cost recovery fee to the YPD to cover the overall costof • the officers onsite. City staff is requesting direction fra - City Councilon drafting •st recovery policy forr Rentoncontrol cost associated with parades and marches. City staff is recommending that Council consider revising YMC 9.70 Special Events — Parade to include a cost recovery clause to help recover at least half the cost associated for providing traffic control for special events and parades. Freedom of Speech related special events and parades would be excluded. Attached to this document is information on how Bellevue, Montlake Terrace, Redmond, Walla Walla and • - the fees forspecial - YPD has offered - explanations of - traditionally offered traffic control services ': • organizations f♦.' no fee. The first is the protection • - - speech for marches like the annual May 1st Immigration March. The second is that many of these parades or marches would simply not take place if they had to pay the real cost associated with traffic services which can reach nearly $9,600 •; •- parades. r reason is forthe protection of our - the City performs - we are • F -- • the••- i Freedomof our citizens who participate in the marches as well as drivers in the area. There are three different types of marches and parade permits that the City's Economi# Development Manager currently approves: r - -nts — these include the' . the March forLife, the May 1 st Immigration March and the Cesar Chavez March. These events cost the City in the 111 to $1,200•- for each occurrence. • Community Events — these include the Cinco De Mayo Parade, Memorial Day Parade, July 4 th traffic control, the Sunfair Parade, Veteran's Day Parade and the Lighted Christmas Parade. These events can cost the City upwards of $6,000 each. • Special Interest or Fundraising Events — these include the City Council approved Cruise Nights, Low Rider Nights, 5k Runs, the Canyon Marathon or Hog Nights. These events can cost upwards of $9,600 each for traffic control. The City Attorney has advised that first amendment expressive speech events must be considered differently than other events that do not implicate free expression of speech. For events that relate to the exercise of first amendment free speech rights, the courts have been critical of government action, including the imposition of onerous costs and insurance requirements that the court perceives as chilling the public opportunity of self-expression. There are circumstances where the court has upheld a municipality's requirement that insurance be ,Provided - ••• of a first amendmentdpmonstration but on1j,, whereposed significant risk based upon the past historyassociated with the event or the proposed r• •r plan of the event was extremely perilous and the peril cold not otherwise be abated. These events present many specific issues that must be considered independently, and generally the allocation of costs to the event participants could generate legal challenges. City staff is requesting direction from the Yakima City Council on possible updates to the City's Special Event Guidelines to assist in recouping some or all of the cost of YPD overtime associated providing Memorandum To: Yakima City Council Tony O'Rourke, City Manager From: Sean Hawkins, Economic Development Manager Date: 0 • -ct: Special Event Cost Breakdown On - _•- the City spends$60,000 performing • ' •l services for•_ a events of Yakima. The following is a breakdown of the types of events and the cost to the City for performing traffic control services for the events. These costs relate directly to traffic control services only. Large events such as 3 on 3 and Cinco De Mayo hire off duty officers at their own costs for security. 18' Amendment Events • T Pro -Life• : Lr • Immigration • • 61 -• on political Community Events of - r • •• Parade$5,025 :1 • Christmas Light _.- Special Interest Events / For Hire • '$2,814 • Crime Stopper i D. •. f • • .. • Nights,432 • Cruise 1 •$7,638 • Tank • i $402 Homecoming : : 16 • •• • • /• • • -n's Wishes and Dreams /• YAKIMA CITY COUNCIL September 3, 2013 Council Chambers -- City Hall Pub ic HearinZ MINUTES W4- Back P4 Print BUSINESS MEETING 11 111111 !1 ;j III, ill I EMME I M Es M 24 --11 VAI 0 1 M RNA 1; 4 114 arA 517M 11 F-3129 2; 11119 101111 = Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Claar Tee 3MZE= '�*- 11 IIF* A I HE 4YRTUM'RTM, reau a procOMMT07=1 I f—.f(,UCFA7t76T the proclamation and invited CDL drivers to their barbecue event on September 19 from 11 a.m. to 2 p.m. at the Gear Jammer. rerfrWirl-T-711'm M*E Mayor Cawley recognized Jamie Davis and Susan Pelligan from Heritage University who arz ?ttending the meeting for a Social Policy Class. Dave Brown, Water and Irrigation Manager, described the award won by the Water Treatment Plant and Jeff Bonds, Water Treatment Plant Manager, accepted the award on behalf of the crew. - r- -. 0 - 12 M'A X- I I Rme I I I Q -7111 Q i 1, Z; I I V k 0 MI 11 V I NA IN 1 J I I 1011 IM EA Z,-. I I �--Nv I Chief Rizzi recognized Lt. Belles and Detective Robinson, who were unable to attend, on their years of service. Additionally, he recognized Officer Kryger on his 35 years of service to the City of Yakima. Mayor Cawley presented Officer Kryger with a City Employee Apple Award for his years of service. Officer Kryger stated it has been a pleasure to work for the City and accepted the award. p �!!, l'! I MTM�71 1? 11 iliff! F! M Nils! Ml9ki Page 1 of 7 im Yakima. Human Resources Manager Cheryl Ann Mattia and Civil Service Examiner Debbie Korevaar recognized Marlene Adams on her retirement after 20 years of service to the City of Yakima. 4. Council Reports None. r Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members or citizens present. The following item was removed from the agenda and postponed to a later date. Resolution concerning Transit Services; submitting the City of Yakima Transit Development Plar for 2013-2018 and the Yakima Transit 2012 Annual Report for the City Council's consideration and adoption. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. (Items on the Consent Agenda are handled under one motion without further discussion—see motion directly below.) Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. Consideration of approval of City Council Meeting Iflinutes i. Approval of the minutes from the May 5, May 21, June 4, June 18 and July 2, 2013 City Council Business meetings and June 11, 2013 Study Session. -rffF7MTM,M-Mh-M1MT,-7 M-mmuffrb-M, r7_rq_—,-,74#7 M___471 Council Business meetings and June 11, 2013 Study bess'ion were approved, having been duly certified accurate by two Council members, with no one present wishing to have said minutes read publicly. B. Resolution authorizing an Intergovernmental Cooperative Purchasing Agreement with Snohomish County. It IV.] Lnew,41 I] ity-111 1091111MIXIMS I C. Resolution authorizing agreement with Huibregtse, Louman Associates, Inc. for engineering and consulting services associated with services during construction for the Naches River Water Treatment Plant Filter Backwash Lagoon Improvements project No. 2259 in an amount not to exceed $400,352. RESOLUTION NO. R-2013-117, A RESOLUTION authorizing the City Manager to execute the attached and incorporated engineering and consulting services agreement with Huibregtse Louman Associates, Inc. for en - ineerino, and consultino services associated with services durini construction for the Naches River Water Treatment Plant Filter Backwash Lagoon Improvemen project No. 2259. D. Resolution declaring meter lids surplus and authorizing disposal of these items in a mann most beneficial to the City of Yakima, by recycling them with Pacific Steel and Recycling saving the City the cost of disposal. RESOLUTION NO. R -201J-118, A REIOLUTION declarin t iron water meter lids surDlus tle Page 2 of 7 12 saving the City the cost of disposal. E. An Ordinance relating to Public Safety; amending the City of Yakima Municipal Code, repealing sections in Chapter 6.12 for the purpose of adopting the equivalent and/or simil Revised Code of Washington statutes; adopting Revised Code of Washington statute relating to drinking in a public conveyance and treating, gifting, purchasing of liquor for or from a minor, or holding out a minor as at least twenty-one, in a public place where liquor sold; and changing the title of Chapter 6.1Z ORDINANCE NO. 2013-039, AN ORDINANCE relating to Public Safety; amending the City of Yakima Municipal Code, repealing sections in Chapter 6.12 for the purpose of adopting the equivalent and/or similar Revised Code of Washington statutes; adopting Revised Code of Washington statute relating to drinking in a public conveyance and treating, gifting, purchasing liquor for or from a minor, or holding out a minor as at least twenty-one, in a public place where liquor is sold; and changing the title of Chapter 6.12. 6. Audience Participation John Cooper, CEO of the Yakima Visitor and Convention Center, distributed a report from the Yakima Valley Sports Commission on the 2013 Hotshots 3 -on -3 basketball tourney, which notes an increase of 8.5% attendance from 2012. Thomas McCormick, City resident, gave the Mayor a letter regarding saving Transit Route 8. PUBLIC HEARINGS 7. Public Hearing to consider ordinance extending moratorium concerning wireless communication facilities and adopting findings of fact in support thereof. City Attorney Mark Kunkler briefed Council on the requested moratorium. Mayor Cawley opened the public hearing. Bill Duerr and Walt Ranta, City residents, spoke on behalf of the Barge Chestnut Neighborhood Association in favor of the extension and asking the extension be granted t•D•r ,013 Mayor Cawley closed the public hearing. The City Clerk read the ordinance by title. Ensey moved and Adkison seconded to amend the ordinance and extend the moratorium to December 31, 2013. The motion to amend carried unanimously. ORDINANCE NO. 2013-040, AN ORDINANCE of the City of Yakima renewing and extending moratorium regarding telecommunication and wireless communication facilities adopted April 2, 2013 pursuant to Ordinance No. 2013-14, from October 1, 2013 through midnight of December 31, 2013, adopting findings of fact in support of such renewal and extension and affirming moratorium through December 31, 2013. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Passed 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. CITY MANAGER'S REPORTS 1. Public Education Campaign to Stop Panhandling. City Manager O'Rourke briefed Council on the public education campaign and giving meters. Council Member Coffey requested budget information on the Public Service Announcement's, which Community Relations Manager Beehler will provide at the next meeting. Page 3 of 7 13 Candie Turner, City resident, asked why River Road and 40th Avenue wasn't listed as an intersection to prohibit panhandling. Council Member Ettl responded the City is utilizing information from Streets and Traffic on the highest incidents of accidents at intersections and are targeting the top 15. Council Member Coffey feels the cost of the giving meters outweighs the need. After Council discussion, Ensey moved and Adkison seconded to abandoned the giving meters until a more cost effective solution is reached The motion carried by unanimous roll call vote. Coffey moved and Adkison seconded to continue with the PSA campaign. Council Member Ettl asked to recuse himself as he makes budget decisions at his radio station regarding PSA campaigns. This request was approved by Council consensus. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison. Carried 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Lover. Council Members voting Abstain: Etti. City Manager O'Rourke briefed Council on the retaining wall issue and the actions taken at a previous meeting. He noted after discussion, with some parties enduring adverse experiences, that there is a distinction between ecology block walls and aesthetics. Steve Campbell, City resident, thanked the City for working with them on this issue. He stated several types of ecology blocks are not constructed for retaining wall purposes. Council Member Ensey referenced the Planning Commission meetings, which he attends as the Council liaison, and understood the Planning Commission and the Home Builders Association were in agreement with City staff to ban ecology blocks. After further Council discussion, Ensey moved and Bristol seconded to disallow the use of ecology blocks for retaining walls. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 10. Resolution ratifying license agreement with Russillo's, Inc for Exclusive Right -of -Way Usage on North Front Street. 071 MER .•- - -0 - - -- - - Page 4 of 7 14 Lover. Council Members voting Ray: Ettl� ORDINANCES 11. An ordinance concerning Parks and Playgrounds, amending Chapter 13.16 adding Section 13.16.075 prohibiting smoking and setting penalties; amending Section 13.16.150 penalties for violation; concerning Special Events, amending Chapter 9.70 adding Section 9.70.295 prohibiting smoking and setting penalties; and amending Section 9.70.310 penalties for violation. I I a W11A] I I 1Qr. 1 VIC LIM; I file jr� 1 a-71VIzI 2 1 1— a 0 a- -fi 0— --so 0 W The City Clerk read the ordinance by title Bristol moved and Adkison seconded to amend the ordinance to state within 25 feet of playgrounds and strike the reference to Parks. ORDINANCE NO. 2013-041, AN ORDINANCE concerning Parks and Playgrounds, amending Chapter 13.16 adding Section 13.16.075 prohibiting smoking and setting penalties; amending Section 13.16.150 penalties for violation; concerning Special Events, amending Chapter 9.70 adding Section 9.70.295 prohibiting smoking and setting penalties; and amending Section 9.70.310 penalties for violation. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison. Passed 5-2. Council Members voting Aye: Adkison, Bristol, Cawley, Coffe Ettl. Council Members voting Nay: Ensey, Lover. 12. An ordinance relating to Public Safety; amending Yakima Municipal Code Chapter 6.75; enacti a new section 6.75.025 prohibiting the receipt of items from the occupant of a motor vehicle on public roadway at high accident intersections, amending section 6.75.070, changing the classification of aggressive begging from an infraction to a misdemeanor and enacting a new section 6.75.080 adding a savings clause to Chapter 6.75. ?7oseclung XXf6rnZ7,C.7M ne orainance, it heard at the Public Hearing. The ordinance criminalizes aggressive panhandling and bans the receipt of items from occupants at some intersections. The intersections listed are the top 15 intersections with the most accidents. Streets and Traffic Operations Manager Rosenlund discussed how the list was compiled. They track accidents from the Police Department and identify the worst locations for accidents at intersections, which are typically the busiest intersections in the City. The list represents about 10 percent of arterial intersections and 1 percent of all intersections. hta3# I C am ey—dA-e4 'frin eifTur-Lii rt �rr&z� i officer witnessing it. Ms. Martinez responded the officer could cite them, but not arrest them without witnessing Dan Bird, City resident, stated he is confused about why the City can't do more to stop the panhandling. Lynne Kittelson, City resident, thinks the City should require permits for panhandling. ems i-"- It01 Page 5 of 7 15 law. City Manager O'Rourke clarified the violator is the person receiving the items or money not giving the items. The City Clerk read the ordinance by title. After further Council discussion, ORDINANCE NO. 2013-042, AN ORDINANCE relating to Public Safety; amending Yakima Municipal Code Chapter 6.75; enacting a new section 6.75.025 prohibiting the receipt of items from the occupant of a motor vehicle on a public roadway at high accident intersections, amending section 6.75.070, changing the classification of aggressive begging from an infraction to a misdemeanor and enacting a new section 6.75.080 adding a savings clause to Chapter 6.75. Motion: Approve, Moved by Council Member Dave Etti, Seconded by Council Member Sara Bristol. Passed 4-3. Council Members voting Aye: Adkison, Bristol, Cawley, Ettl. Council Members voting Nay: Coffey, Ensey, Lover. 13. An ordinance amending section 9.70.190 of the Yakima Municipal Code regarding Special Eve -its aid Parades. Heidi Anderson, with Children's Wishes and Dreams, spoke against the ordinance. She feels their organization will not be able to give as many Wishes and Dreams to children if they have tf pay fees. I FM IT FITFA�y 141111LOC[b alit if C 15 rill 1111-trIel' L41 Adj 16CFb--ffd e issue and should be exempt. U230M - Al- I I - 0 1 017497WTOM Bristol moved and Coffey seconded to adopt a $50 application fee for special events, community events in the second section are exempt (Memorial Day Parade; Cinco De Mayo Parade; 4th of July Celebration; Sunfair Parade; Veteran's Day Parade; and Christmas Light Parade) and a 50150 split of the city related costs involved in traffic management forparades and car events for all other events. ORDINANCE NO. 2013-043, AN ORDINANCE relating to special events; amending Section 9.70.160 regarding insurance requirements for special events, and Section 9.70.190 of the Yakima Municipal Code regarding special event fees. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Kath Coffey. Passed 5-2. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ettl. Council Members voting Nay: Ensey, Lover. 14. Other Business Council Member Lover requested a study session regarding homelessness in the City of Yaki and the role of government in reducing the numbers. Council Member Ensey suggested hearin from the Homeless providers at the study session. City Manager O'Rourke stated they will schedule a study session for early October. A. Information requested regarding past Council action from 2006 regarding renaming of A Street. Page 6 of 7 M Council Member Bristol moved to bring back the ordinance regarding renaming "A" Street for reconsideration. The motion passed unanimously by Council consensus. Royal Schneider, Code Inspection Office Supervisor, stated the applicants have some minor changes they would like to make. Rick Beck, spoke on behalf of the VFW, requested to shorten the railroad station to the East end of "A" street, which would eliminate some business issues and still preserve the honor of the street. He would also like to change the name to Staff Sgt. Pendleton Way and include a plaque at the station or a place to be determined later. Mel Tanasse, spoke in favor of the application and requested changes. Alonzo Marquez, City resident, feels this action is illegal since it refuses his petition from several years ago. He plans to turn this action in at the Federal Government level. Mayor Cawley stated it is clear from the minutes of the meetings in 2006 regarding the street renaming application that the issue was not moved forward at that time, which is on the record. Therefore, this action is completely legal and valid. Fred Camerer, Commander of the VFW, thanked Council for their actions. The City Clerk read the ordinance by title. Cawley moved and Bristol seconded to pass the ordinance with the requested changes. ORDINANCE NO. 2013-044, AN ORDINANCE approving change of name of East "A" Street to "Staff Sgt. Pendleton Way MOH" and authorizing the City Manager to accomplish such change of name, with such change of street name to be effective on and from January 1, 2014. Motion: Approve, Moved by Mayor Micah Cawley, Seconded by Council Member Sara Bristol. Passed 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 15. Adjournment The meeting adjourned at 9:21 p.m. to a Council Study Session on September 9, 2013 at 9 a.m. at the Convention Center. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Etti, Lover. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE ---IN CITY CLE21f. MAYOR Page 7 of 7 17 AN ORDINANCE relating to special events; amending Section 9.70.160 regarding insurance requirements for special events, and Section 9.70.190 of the Yakima Municipal Code regarding special event fees. WHEREAS, the City Council has previously adopted ordinances establishing procedures and criteria for special events and special event permits within the City of Yakima, all as codified at Chapter 9.70 YMC; and WHEREAS, the City Council finds and determines that YMC 9.70.160 should be amended to clarify and supplement provisions relating to insurance requirements for special events; and WHEREAS, the City Council finds and determines that YMC 9.70.190 should be amended to establish and implement new procedures regarding calculation and assessment of special event permit fees; and WHEREAS, the City Council finds and determines that YMC 9.70.160 should be amended as shown and set forth in Exhibit "A" attached hereto and by this reference incorporated herein, and YMC 9.70.190 should be amended as shown and set forth in Exhibit "B" attached hereto and by this reference incorporated herein, and that such amendments are in the best interest of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore Section 1. Sections 9.70.160 of the Yakima Municipal Code is hereRM amended to read as set forth in Exhibit "A" attached hereto and incorporated hereii and Section 9.70.190 of the Yakima Municipal Code is hereby amended to read set forth in Exhibit "B" attached hereto and incorporated herein. I Section 2. The provisions of YMC 9.70.160 as amended shall become effective upon the effective date of this ordinance as set forth in Section 3 below. The provisions of YMC 9.70.190, as amended, shall apply to special events scheduled to occur on and after January 1, 2014. or�&sr� pe I HE, Is I ellmlyg In-: I I Lomfll 1011 Lerw I I Lola 1K &I A 0171 R MGM OVA t�- 11LAMOYA411 PASSED BY THE CITY COUNCIL, signed and approved this 3 Id day of September, 2013. Micah Cawley, Mayor 18 EXHIBIT "B" (Changes shown in legislative format) 9.70.190 Cost recovery for special events—Fees—Security deposit. A. Special Event Permit Application Fee_ A 50 non-refundable application fee must be submitted with any special event permit application. BA. Special Event Permit Fee. Upon approval of an application for a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution, the economic development manager should provide the applicant with a statement of the estimated cost of city services and of equipment, materials and permit fees. The Special Event Permit Fee shall be calculated and assessed as follows. dGGUrneRted.The economic development manager shall send copies of special event applications to affected city departments, By way of tration. and without limitation. services provided by affected departments include. but are not limited to, services such as police escorts, traffic control,_sanitation, and clean-up services. Costs of such services are called `event management costs." Each departmental activity required for the special eyent_shall be itemized, showing hourly rate and total cost. The "notal event management costs to the city" shall be the sum of each department's costs. The applicant shall pay 50% of the costs of the services provided by the city. 12 E9 C� IMMM. Wrl" MOMMAW IM �W JQ(4) The economic development manager shall require payment of fees, or a reasonable estimate thereof, at the time the completed application is approved, unless the economic development manager for good cause extends time for payment. C.13. Security Deposit. Except for an application for a permit for a special event protected under the First and Fourteenth Amendments of the U.S. Constitution, and events solely sponsored by the city, each application for a special event permit shall be accompanied by a security deposit. For special events requiring the closure of public streets, the amount of the security deposit shall be between two thousand five hundred dollars and five thousand dollars, based on the factors listed below. For special events limited to any city designated special event venue or other venue, or a special event �wermit issued under the ex--s"edited -�lvrocess of YMC 9,70.100 the amount of the securi deposit shall be in an amount determined by the economic development manager base on the factors listed below. The economic development manager shall consider the following factors when determining the amount of any security deposit for a special event. The security deposit shall be in an amount the economic development manager determines is necessary and appropriate to defray costs of cleanup, repair and/or 6C',-2*Zr4-IJ event; (ii) the type or nature of the event; (iii) the number and type of vendors participating in the event; (iv) whether alcohol will be provided, served or consumed on the event venue; and (v) any other factor deemed relevant to determine the amount of -teposit based upon reasonably foreseeable costs of cleanup, repair and/or restoration.. (1) Payment of Funds to Be Used for Security Deposit. Payment of funds to be used for security deposit shall be by cash or certified check. (2) Deposit of Funds. Funds received from the applicant for security IN NN (3) Refund of Security Deposit. Subject to compliance with the following conditions, funds held by the city as a security deposit shall be refunded to 1111ii 1 � iIIIII!1I � 119 MM= (b) Applicant has cleaned, repaired and restored the site following the conclusion of permitted event to the condition existing prior to ths- event, reasonable wear and tear excepted, to the satisfaction of the economic development manager. (4) Use of Funds in Security Deposit by City. In the event applicant fails to comply with the approved cleanup plan included within the permit and/or damage to city property or facilities has occurred on the event site attributed to participants in the event, the economic development manager shall use reasonable efforts to notify the applicant that the city will proceed to clean, repair and restore the subject site and facilities, and thereupon authorize city personnel to conduct such cleanup and restoration. The cost of such city cleaning, repair and restoration shall be computed using the hourly rate of each city employee (with overtime rate, as applicable) multiplied by the hours worked by each employee, and the hourly rate for number of hours such equipment was used. Costs incurred by the city also include the costs of any third -party contractor retained to conduct or assist with such cleanup, repair or restoration. City will document its costs incurred in cleanup, repair and restoration and deduct from the security deposit the total amount incurred by the city for such cleanup, repair and restoration. The city shall thereupon request a refund of the remaining balance of such deposit to be processed and paid to the applicant, and shall provide the applicant with a copy of the document showing city costs incurred. IM M (5) Recovery of Excess Costs—Responsibility of Applicant. The applicant shall be responsible for all cleanup, repair and restoration required in this code, the approved permit and cleanup plan. In the event city costs of cleanup, repair and/or restoration of the site exceed the amount of the security deposit, the city reserves the right to seek recovery of such amounts from any and all responsible parties, including but not limited to the applicant. 119 i 1 • • • * • ' • ontlake Terrace Redmond Walla Walla M, 80 < 125 participants $120 > 125 participants $128.71 1 $50 non profit $500 for profit $160 No fee for barricades and cones 1 fee for tent usage - Race (moving • 411 Parade (closed course) - < 3 hours - $3,500 Parade -. course) • .00 for - • -, course) 141' attendees - $1,050 for (closed 14i- 25,000 attendees - $1,050 for • -r • il' 50,000 attendees - $7111 for Festival / Fair (closed course) - < 50,001 attendees - $10,500 Events •. for - on following I 11'. • •sponsoredevents d event 1' •co-sponsored event % f ! • •' re Events Pay 100% of the cost of City Services involved in the event Applicants provide deposit in advance Events Pay 100% of the cost of City Services involved in the event Applicants provide deposit in advance Applicant is billed for the cost of all City Services Applicant pays 100% of cost for traffic control services N N Anacortes Coupeville Ellensbug In most of the cases, a involved to produce event N/A Applicant pays 100% of City's cost for event including traffic control, barricade set up and trash service $397 < 100 people Applicant pays 100% of City's cost for event including traffic control, barricade set up and trash service $893 > 100 people N/A Applicant pays 100% of City's cost for event including traffic control, barricade set up and trash service The fees for the use of city services and equipment, and prepayment, may be waived in part or in full by the City Council if they deem a large community benefit N/A Applicant pays 100% of City's cost for event including traffic control, barricade set up and trash service N?A 100% of officer time is paid by`thea licant as determined by the Police Chief pplicants are given an estimate of the total costs of city based services and these must be paid before a permit is issued.