HomeMy WebLinkAbout07/20/2010 11 Cruise Night Request 0 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. //
For Meeting Of July 20, 2010
ITEM TITLE: Cruise Night Request
SUBMITTED BY: Javier Gonzalez
CONTACT PERSON/TELEPHONE: Jeff Cutter, City Attorney — 575 -6030
SUMMARY EXPLANATION: On July 6, 2010 the City Planning Department received a "Special
Event/Parade Permit Application" from Javier Gonzalez requesting a "Low Rider Cruise Night" on
August 28, 2010, from 6 pm to 1 am on August 29 The application is attached and requests a
low rider cruise to follow the low rider car show scheduled to occur at Fulbright Park in Union
Gap. The requested route is included in the application.
The City Council has already considered and agreed to allow two cruise nights during the
summer of 2010, the second of which is set to take place on September 4, 2010, just seven days
after the requested low rider cruise night. Because cruising is generally an unlawful activity that
• requires special Council authorization, the special event/parade permit application process is
inappropriate for providing permission to hold a cruise event. City Council legislative action by
ordinance is the only legal method by which a cruise event may be authorized. Additionally, at
this point in time it is probable that the police department has not had an opportunity to determine
whether they would have necessary personnel available to provide traffic control for the event.
Continued on next page
Resolution Ordinance Contract Other(Specify) Application
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: �"""
City Manager
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STAFF RECOMMENDATION: Provide direction to staff
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
ill • COUNCIL ACTION:
This item is submitted for Council consideration prior to being submitted to a committee due to
the short time within which this matter might be considered, appropriate legislation prepared,
adequate notice be provided to the public and the matter brought before Council for final
approval. Staff is requesting Council direction with regard to whether this request for an
additional cruise night shall be approved, and for direction to prepare the appropriate legislation
to authorize it if so approved.
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YAKIMA POLICE DEPARTMENT •
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INTER- OFFICE MEMO
Date: July 15, 2010 . .
• To: Honorable Council Members
• City Manager Dick Zais
From: A/Captain Gary Belles by Terri Croft
Subject: Low Rider Staffing Issues _
As additional information regarding the request by the Low Rider Association to hold a City
sanctioned cruise night on August 28, 2010, I offer the following:
In the past, the Low Rider Association has held non - sanctioned cruise nights that require
significant police staffing to maintain order in the downtown area. I estimate. that 25 -30 officers
• would be needed to provide, the necessary staffing. Most, if not all of the staffing, would require
. overtime at an approximate cost of $10,000 for the one night event.
Additionally, this is the same weekend as the annual 3 on 3 Basketball Tournament in the
0 downtown area. Having two large events in the same weekend will not only cause logistical
problems, but may also cause problems with filling the overtime slots. In the past, we have
received assistance from Ellensburg Police Department. It is possible that they may be able to •
provide support for the event, but that has not been confirmed at this time.
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DEPARTM ENT OF COMMUNITY 4iVD ECONOMIC DEVELOPMENT \O
1 , 7.- .. ",,,, \ Planning Division .
40 , ` 1 µ A ` 1 r ,� �,I 129 North Second SlreeJ; 2 Floor B'akima, ti�aslaingt ®n 98901
� s ..; � (509) 575 -6183 Fax (509) 575 -6105
askplannin ,ci.pakuna.wa.us www.buildingyakima.com a +.:
SPECIAL EVENT/PARADE PERMIT APPLICATION i U L . 5 2010
YMC Ch. 9.70
.;i ° y OF= 'Aki iio-;
f:, i 9) I�;
To be submitted to the City Planning Division at least 30 days prior to the proposed el?L - 11't
Applicant Information R E a...
Name: 'Tq )f � - 9N Z
Sponsoring Agency: L ;�� 1 S C G 1 i J I 0 7 2010
Address (Street, City, Zip) (( (3 w1c. k, N((Y 14vC
Phone: S 1 ' ) 7 al Alternate Phone: - • CITY LEGAL DEPT,
E- mail: :5,4),,i r=rt j lla c., Lei w( fS e yl by • C kleY1
Type of Event ,
Special Event 1" Parade r Demonstration r Run/Walk
fl March. r Block Party 1 Exhibition l Organized Rally
f! Street Fair /Street Closure l Other (specify)
• Name or Title of Event: 40k)R,106 C S E
Date: 8 /,� St /io Hours: �p dv\ to _1,14 Number of Persons:
Location and Description of Event: V 4 k f M ,4 Avg g , kilt 1,,,,c�.1 A / (P t lb
(,fruiiSr Uk1/L • 5A (,'_Q1/ CVO 4,-- -6,,,, a7' /lil
( e 4 0111 A' / 4,1
List any streets(s) proposed to be closed: Q,
Route to be travelled (if applicable): SE 6- E �` 4 0 ' j1/JoN 7 0 4 ('
• •
C -einf // Cern tWc 0/4 O 4a c -
6(11bP i liCil / �f/d (6i.— eitse .-) -' /a)V id .
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RECEIVED
JUL 6 201u
PROPOSED ROUTE: 6 .;ITY OF YAKIAtic;
PLANNING 01V
West on Yakima Avenue; South on S 7th
Avenue, east on W Chestnut Avenue and /or
W Walnut Avenue; North on S 6 Ave; East
on Yakima Avenue; North on N 9 St; West
of W A St; South of N 8 St; start route
again....West on Yakima Avenue, etc.
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CE VED
J UL . 6` ZO1L
APPLICATION REQUIREMENTS: CITY OF YAKIMA
0 1. .A Site Plan depicting (as applicable) the area of street closure; location of re uirec��'b'Is 9)I�'.
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detour signs, etc.; route of march including staging and disbanding areas; location of
temporary structures; location of additional restrooms or garbage containers;
L 2. For Parades: a description of the type and number of individual floats, marching .units,
vehicles, animals and bands, including a description of any sound amplification equipment to
be used.
3. For Special Events: the dimensions and ,plans for any structure including, but not limited to,
any building, fence, barrier, bleachers, stalls, portable toilets, tent or canopy to be erected in
connection with the event.
4. For a Block Party: A block party involving closure of a street,' such closure shall not be for
more than one city block, nor for more than four hours, ending no later than 10 pm. The
application shall contain an agreement to such conditions signed by all residents of the block
proposed for closure.
5. If alcoholic beverages are to be dispensed, evidence of a permit issued by the State Liquor
Control Board.
6. A Traffic Control Plan is required for special events held on public streets. The City will
0 decide what . level of control is required: Standards will depend on the type of event held.
Compliance is the applicant responsibility.
7. A Clean-Up plan is required for all events which addresses the timing of clean-up, and the
facilities and resources to be provided.
a. The City of Yakima Refuse Division should be contacted to supply dumpsters or
automated carts, for a fee. Call 575 -6005, Option #4 or go to Public Works at 2301
Fruitvale Blvd to fill out paperwork.
8. A signed . affidavit for Notice of Adjoining Property Owners of Approved Event may be
required. 0
APPLICANT RESPONSIBILITY: .
Please obtain the appropriate license or permit from the appropriate agency if any of the
following are proposed: •
1. Food and Beverages — Heath District and Business License
2. Alcoholic Beverages — Liquor Control Board ..
3. Electricity Connection — Labor and Industry and Pacific Power • .
4. 3` Street Federal Courthouse — US Marshall
5. Use of any City Park= City Parks Division at Public Works
6. Tents, Awning, Canopies, or other structures — Permit from City Codes Department
7. Use of Barricades or Signs — Private company such as National Barricade
8. Event in the Central Business District — CDY.for coordination and information
9. Insurance and Indemnification required for certain events — see attached YMC 9.70.055
Liability Insurance ty an ce Requirement:
Unless waived or reduced by the Director of Community and Economic Development, the
applicant shall file with the Director of Community and Economic Development, no later than
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RECEIVED
JUL 6 2010
two weeks prior to the event, evidence of Liability Insurance coverage in compliance wit . l YAKII
9.70. The applicant shall provide a certificate of insurance as proof of the insurance rtitidiAlING
above that clearly states who the provider is, the amount of coverage, the policy number, and
when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of the permit. The certificate of liability insurance policy shall name the City of
Yakima, its elected officials, officers, agents, employees and volunteers as additional insureds,
and shall contain a clause that the insurer will not cancel the insurance without first giving the
City thirty (30) calendar days prior written notice. The insurance shall be with an insurance
company or companies rated A -VII or higher in Best's Guide and admitted in the State of
Washington. If the City is damaged by the failure of the applicant to maintain the above
insurance or to notify the City, then the applicant shall bear all costs attributable thereto. An
expiration, cancellation, or revocation of the insurance policy or withdrawal of the insurer from
the insurance policy automatically suspends the permit issued to the applicant until a new
insurance policy or reinstatement notice has been filed and approved as provided in this section.
Additional endorsements for host liquor liability and/or products may be required in the event
food, beverages and/or alcoholic beverages are to be dispensed.
Hold Harmless Agreement:
The applicant shall file, prior to the day of a special event involving participation in games or
races involving physical effort, live animals and/or alcoholic beverages, a signed document from
each participant waiving any and all liability against the City of Yakima, its elected officials,
officers, agents, employees and volunteers arising from the event, which agreement shall be in
language approved by the City Attorney. 111
The applicant agrees to pay costs of services which the City of Yakima is required to perform by
reason of management of street use of the parade or special event, including but not limited to
cleanup.
As shown by the applicant's signature below and in consideration of the approval of this
application, and, as a further condition of the issuance of any permit, the applicant shall defend,
indemnify, and hold harmless the City, its elected officials, officers, agents, employees and
volunteers from and against any and all claims, causes of action, damages, losses, and expenses
of any kind or nature whatsoever, including but not limited to, attorney's fees and court cost,
arising out of relating to or resulting from the parade or special event and/or the application for
the parade or special event.
I am aware of the terms and conditions of the permit and will advise the participants in this event
of these terms and conditions.
Applicant Signature: --, .: Date: 8//0/
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RECEIVED
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ATTACHMENT
CITY OF YAKI A
YMC 9.70.055 provides:
Pi_faNNIil lr 011
A. In addition to any other requirement(s) imposed by this chapter, any parade or special
event involving participation of persons in games or races involving physical effort; or involving
the use of live animals, wild or domestic; or involving the use of vehicles (except wheelchairs);
or provision or sale of beverages or food for human consumption, or use of alcoholic beverages
the applicant shall have the following minimum insurance requirements:
. 1. Commercial General Liability: $1,000,000 per occurrence/ $2,000,000 aggregate
combined single limit liability for bodily injury and property damage.
2. If vehicles are involved in the event: automobile liability at $1,000,000 per, occurrence
combined single limit bodily injury and property damage. This includes coverage for any
owned, hired or non -owned vehicles. If the sponsor of the event does not own the vehicles that '
will be used in the event, then only hired and non -owned auto liability will be required, which
can be included on the commercial general liability policy
3. If liquor is served at the event: liquor liability at a $1,000,000 liability limit.
4. The applicant shall provide a certificate of insurance as proof of the insurance required
above that clearly states who the provider is, the amount of coverage, the policy number, and
when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of the permit. The certificate of liability insurance policy shall name the City of
Yakima, its elected officials, officers, agents, employees and volunteers as additional insureds,
0 and shall contain a clause that the insurer will not cancel the insurance without first giving the
City thirty (30) calendar days prior written notice. The insurance shall be with an insurance
company or companies rated A -VII or higher in Best's Guide and admitted in the State of ,
Washington. If the City is damaged by the failure of . the applicant to maintain the above
insurance or to notify the City, then the applicant shall bear all costs attributable thereto. An
expiration, cancellation, or revocation of the insurance policy or withdrawal of the insurer from
the insurance policy automatically suspends the permit issued to the applicant until a new
insurance policy or reinstatement notice has been filed and approved as provided in this section.
B. No later than two weeks prior to the event, the applicant shall file with the Director of
Community and Economic Development evidence of liability insurance coverage, for review by
the City Attorney, with the City of Yakima. The requirements of the certificate of liability
insurance are set forth in YMC 9.70.055(A) above. Additional endorsements for host liquor
liability and/or products liability may be required, in the event food, beverages and/or alcoholic
beverages are to be dispensed.
C. The applicant shall provide a signed statement that the applicant/responsible party shall
pay the costs of services which the City of Yakima is required to perform by reason of
management of street use of the parade or special event, including but not limited to, cleanup.
Upon completion of the parade or special event, the ' Director of Community and Economic
Development shall compile a statement of account which shall be mailed to the
applicant/responsible party, payable within thirty days.
D. Waiver, Reduction or Increase of Required Limits. The Director of Community and
Economic Development may waive or reduce the insurance requirements in subsections A and B
40 of this section when the City Attorney determines that the insurance limits are in excess of the
reasonable risk presented by the proposed parade or special event.
E. The Director of Community and Economic Development/City Attorney : may require
additional insurance or higher limits of liability based on the risks associated with that event.
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RECEIVED
JUL 6 ?010
F. As a further condition of the issuance of any permit, the applicant shall de 4,
indemnify, and hold harmless the City, its elected officials, officers, agents, emplgP6 ,. 4 k IIVIf `
volunteers from and against any and all claims, causes of action, damages, losses, and ex
of any kind or nature whatsoever, including but not limited to, attorney's fees and court cost,
arising out of, relating to or resulting from the parade or special event and /or the application for
the parade or special event.
G. The indemnification requirements set forth in this section shall not be construed to apply
to events permitted under this chapter involving expressive activity which enjoy protection under
the United States or Washington constitutions except that sponsors of such events shall be
required to redesign or reschedule the permitted event to respond to specific risks, hazards and
dangers to the public health and safety identified by the Director of Community and Economic
Development as reasonably foreseeable consequences of the event
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