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HomeMy WebLinkAbout2005-09-20; City Council; 18288; Forum on Immigration and Other Special Eventsn (II 4 .rl (d c, a, a k 0 w (II a, c, 3 C 9 a, a, (II c, k 0 a a, k a, W 5 a a, * *rl a, V Q) k r-l *rl V d 7 0 u .. z 0 F 0 mJ 0 z 3 0 0 a - AB# 18,288 MTG. 9/20/05 DEPT. Mavor CITY OF CARLSBAD - AGENDA BILL - TITLE: DISCUSSION OF COSTS AND MATTERS RELATED TO THE FORUM ON IMMIGRATION AND OTHER SPECIAL EVENTS DEPT. HD. CITY Am. RECOMMENDED ACTION: Hold a discussion of costs and other items related to the August 1’‘ “Forum on Immigration” and other special events. ITEM EXPLANATION: At the Council meeting of Tuesday, September 13, 2005, the Mayor reported on the City’s costs for services incurred by the Police Department, Fire Department, City Manager’s Office, Public Works Streets Department and overtime costs in the total amount of $62,072.41 for the Forum presented by Sen. Bill Morrow on Monday, August I, 2005. A copy of that report is attached to this agenda bill as Exhibit A. The Council could not entertain a discussion of this report at that meeting since it was not on the agenda. The Council directed this matter to be placed on the next Council agenda for discussion. ENVIRONMENTAL REVIEW: Since the Forum has already taken place, there are no foreseeable environmental impacts and further environmental review under the California Environmental Quality Act is unnecessary. FISCAL IMPACT: Carlsbad personnel and supply costs for this event totaled $62,072.41. Had a special events permit been applied for, similar to other special events such as the Barrio Festival and the Oktoberfest, the applicant would have been responsible for the City costs related to the event. City staff estimates the overtime costs for this event at $23,769.17. Costs incurred by other participating agencies have not been determined. A copy of Chapter 8.17 the “Special Event Permit” under which these costs would have been imposed is attached as Exhibit B. EXH I BITS : Exhibit A - Police Department Report “City costs for The Forum on Illegal Immigration” Exhibit B - Chapter 8.17 of the Carlsbad Municipal Code DEPARTMENT CONTACT: Ronald R. Ball, (760) 434-2891 POLICE DEPARTMENT All Receive For the Information of the CITY COUNCIL, August 18,2005 TO: Police Chief FROM: Captain Shipley City costs for The Forum on Illegal Immigration The Police Department first became aware of “The Illegal Immigration Issues” forum presented by Senator Bill Morrow on Monday August 1, 2005. The department initiated information gathering and ultimately shared that information with the Carlsbad Unified School District on Wednesday August 3, 2005. Substantial media attention was focused on the legal maneuvering between the district and the senator’s office. During the week of August 8, 2005 it was confirmed the forum was going to occur at Carlsbad High School. The San Diego Sheriffs Department Emergency Services Office was contacted and preparations plans were formalized. After collecting and reviewing intelligence information a response plan was developed. Approximately 384 personnel ranging from the Chief of Police to Community Service Officers were involved in the event. The Carlsbad Police Department had 56 personnel on scene at the event. The Fire Department supplied 10 personnel, the Managers Office provided 1 employee and the Public Works - Streets provided 1 employee. Additionally 12 Police Department employees were called in on their day off to back fill positions dedicated to the event. Personnel Costs 0 Police Department - Event 0 Fire Department 0 Public Works - Streets 0 Manager - Communication Manager 0 Police Department - Personnel Backfill Personnel Subtotal Supply costs 0 GISmaps 0 Site map reproductions 0 Water, drinks, food, etc. 0 Communications devices Supply Subtotal Total Cost: $48,714.7 1 $2,64 1.48 $64.40 $2,045.20 $6,626.33 $60,092.1 1 $1 32.00 $1,384.30 $275.00 $1,980.30 $62,072.41 $1 89.00 EXHIBIT A CARLSBAD POLICE DEPARTMENT Immigration Forum DEPARTMENTlPOSlTlON HOURS RATE COST DEPARTMENT COSTS POLICE DEPARTMENT Police Cautain 33.51 $135.761 $4.547.961 Police Lieutenant Police Sergeant Police Corporal 76 $100.38 $7,628.88 103.5 $88.93 $9,204.26 152.5 $73.73 $1 1,243.83 Police Officer Communications Manager 155.5 $71.42 $11,105.81 12.5 $85.02 $1,062.75 Lead Communications Operator Communications Ouerator II 16 $57.13 $914.08 33.5 $49.36 $1.653.56 IMANAGER'S OFFICE I Community Service Officer Reserve Police Officer ICity Communications Manager I 101 $204.521 $2,045.20 I $2,045.201 30.5 $44.38 $1,353.59 15 $0.00 $0.00 $48,714.71 FIRE DEPARTMENT Fire Batilion Chief DeDuty Fire Marshal JPOLICE - BACK FILL I 5.5 $121.35 $667.43 4.5 $82.02 $369.09 Police Corporal I 151 $73.731 $1,105.95 Fire Captain Fire Enaineer IPolice Officer I 491 $71.421 $3.499.58 I 5 $65.23 $326.1 5 5 $54.59 $272.95 PUBLIC WORKS - STREETS ~~~ Total City Personnel Costs $60,092.1 1 3 CARLSBAD POLICE DEPARTMENT Immigration Forum Position I Over Time Rate cost Lieutenants Sergeants Corporals Officers Corn. Man. 33 $1 00.38 $3,3 1 2.54 40.5 $88.93 $3,601.67 57 $73.73 $4,202.61 71.5 $71.42 $5,106.53 0 $85.02 $0.00 I Department Costs __ Lead Corn. Op. Corn. Op. cso Res. Off. $16.796.57 I .- 2 $57.13 $1 14.26 7.5 $49.36 $370.20 2 $44.38 $88.76 0 $0.00 $0.00 Fire Bat. Chief 0 $121.35 $0.00 Deputy Fire Marshal $82.02 $0.00 Fire Captain 0 $65.23 $0.00 Fire Engineer 0 $54.59 $0.00 Fire Med/Fire Fight 14 $52.94 $741.16 Corporals - Back Fill I 151 $73.73 I $1 ,I 05.95 Officers - Back Fill I 49 I $71.42 I $3.499.58 $741.16 1 Corn. Sp. - Back Fill Corn. Op. - Back Fill I I I I .~ I I I $0.00 I $6,231.45 I 15.5 $57.1 3 $885.52 15 $49.36 $740.40 $0.00 City Over Time Costs $23,769.1 7 Sections: 817.010 8.17.020 8.17.030 8.17.040 8.17.050 8.17.060 8.17.070 ,,8.17.080 8.17.090 8.17.100 8.17.110 8.17.120 8.1 7.1 30 8.1 7.1 40 8.17.150 8.17.160 8.17.170 Chapter 8.17 SPECIAL EVENT PERMIT* Prior history: Ordr. 1261 and 6043. 8.17.010 Special event defined “Special event” means any organized activity, including, but not limited to amusement attractions, athletic events, camivals, circuses, concerts, public dances, exhibitions, exhibits, fairs, fireworks dis- plays, fundraising events, marathon runs, parades, rodeos, sidewalk sales, surfing meets or contests, running events including 1OK runs, wade shows, triathlons, walkathons, or any other events (not construction-related) which results in or requires any modification to traffic flow patterns or traffic park- Special event defined. Permit required. Interference with special event. Special events committee. Permit application for special event. Procedure for processing special event permit application. Permit-Notice of granting or refusal. Special event calendar. Surety and insurance. Staff and equipment mt recovery. Reconsideration of application. Submission of alternate upon denial. Consideration of late application. Suspension or revocation of Authority. Penalties for violation. Severability. permit. 8.17.010 ing regulations or where the expected attendance exceeds one thousand people. The location for events where movement is involved includes its assembly area, route and dispersing area. “Special event” does not include activities at parks or recre- ation facilities, libraries or other centers for which a specific permit process or facilities use regulations exist. When the special event involves activity which is protected by the Fixst Amendment to the U.S. Constitution or Article I, Section 2 of the Cali- fornia Constitution then only the definite objective guidelines of this chapter and any other chapter of this code applicable to the special event shall apply which standards are: (1) The conduct of the special event will not substantially interrupt the safe and orderly move: ment of other traffic contiguous to its location; (2) The conduct of the special event will not require the diversion of so gnat a number of police officers of the city to properly police the location and the areas contiguous thereto as to prevent the normal police protection to the city; (3) The conduct of such special event will not require the diversion of so great a number of ambu- lances as to prevent no1381 ambulance sewice to portions of the city other than that to be occupied by the proposed location and areas contiguous there- to; (4) The conduct of the special event will not interfere with the movement of firefighting equip ment en route to a fire or with other proper fire protection of areas contiguous to such locations; (5) The conduct of the special event is not rea- sonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance; (6) The special event where movement is in- volved is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; (7) The special event is not to be held for the sole pulpose of advdsing any product, goods or event, and is not designed to be held purely for profit. (Od. NS-56 3 4 (part), 1989) 241 EXHIBIT B J- 8.17.020 8.17.020 Permit required. No person or entity shall organize, sponsor, pro- mote, produce, direct, conduct, manage, institute or carry on any special event without first obtaining a permit from the city. A permit is required if the applicant desires to reserve and preempt public use of a portion of public property for a temporary period. No person or entity shall promote, advertise, encourage or solicit attendance or otherwise partici- pate in any way in a special event for which no permit had been issued, or for which such permit has been suspended or revoked. (Ord. NS-56 8 4 (part), 1989) 8.17.030 Interference with special event. No person or entity shall knowingly join or par- ticipate in any special event in violation of any of the terns, conditions or regulations of the pennit issued therefor, or howingly join or participate in any special event without the consent and over the objection of the permittee, or in any manner inter- fere with the orderly conduct of such event. (Ord. NS-56 $4 (part>, 1989) 8.17.040 Special events wmm&tee. A special events committee shall be formed as follows: (a) There is established a special events commit- tee composed of the assistant city manager, commu- nity development director, public works director, fire chief, police chief and risk manager or their designated representatives. The police chief or his designated representative shall chair the committee. (b) The special events committee is charged With making recommendations to the city manager re- garding the approval of an application for a special events permit The factors which the special events committee shall consider before making a recorn- mendation are: the safety of the event, the number of events held in the same area, the value of the event to area residents and businesses. the inconve- nience to area residents and businesses not panici- paring in the event, the disruption to public transit and traffic flow, the ability of the city to adequately staff the event, and other impacts arising from the special event considered necessary and appropriate in the opinion of the committee. (Ord. NS42 § 1, 1998: Ord. NS-56 8 4 (part), 1989) 8.17.050 Permit application for special event. (a) Applications for a permit to hold a special event shall be made on fonns provided by the city and approved by the special event commirtee. . (1) A traffic control plan consistent with Califor- nia Department of Transportation standards must be ’ submitted with any application which involves any tra€fic or parking variances. This plan shall include the location of all traffic control personnel and a description of tbeii training. (2) The application shall contain all other infor- mation specified by the special event committee. (b) An application for a permit for a special event shall be filed with the chief of police not less than sixty days before the date proposed for holding a special event. This time limit shall be waived when the application involves exercise of federal or state comlitutionally guaranteed rights. (1) Events which require approval from other jurisdictions or authorities will require concurrent application, review and approval. (2) Applications for a special event permit may not be filed prior to October 1st of the year preced- ing the event. Applications for a permit received between November 1st and November 30th will be revived in compliance with Section 8.17.080 of this chapter. (c) Applications for a special event permit shall be accompanied by a nonrefundable processing fee of twenty-five dollars. from the processing fee. Applicants seeking any fee or deposit variance shall make a written request at the time the application is filed. The request for fee variance shall include (d) Events sponsored by the city shall be exempt , (carlsbd 11-98) 242 8.17.050 any reasons, justifications or authorities for granting a fee variance. (Ord. NS-95 9 1, 1989; Ord. NS-56 0 4 @W, 1989) 8.17.060 Procedure for processing special event permit application. (a) All applications for permits to hold special events shall be filed with the chief of police. Copies of the application shall be forwarded to the members of the special event committee by the chief of police for investigation of the activity proposed and other facts, circumstances and information relating to such application. (b) The committee shall, within thirty days after the filing of an application, make a recommendation to the city manager to grant, conditionally grant, or refuse to issue a permit. The city manager shall consider the committee recommendations and shall grant, conditionally grant, or refuse to issue the permit within five working days. (c) Permits which are conditionally approved shall contain the date set for the final approval, the conditions which must be met by the applicant and the dates by which those conditions must be met and the time period for which the permit is valid. (OId. NS-56 8 4 @art), 1989) 8.17.070 Permit-Notice of granting or refusal. The granting or refusal of any permit by the city manager shall be final unless appealed to the city council within ten days from the date of service of written notice of the decision of the city manager. Failure to file an appeal within such ten-day period shall constitute a waiver of the right to such appeal. Such notice shall be filed with the city clerk. (Ord. NS-56 Q 4 @art), 1989) 8.17.080 Special event calendar. (a) Applications which are received between November 1st and November 30th for events which' are scheduled for the following calendar year and am subsequently approved by the city manager may be listed on any city calendar of events published for that ycar. 243 (b) Special events which have not been issued a permit in the preceding two calendar years will not be considered for the special event calendar. (ord NS-56 9 4 @art), 1989) 8.17.090 Surety and insura.,ce. (a) Prior to the issuance of a permit, the special event committee shall require: (1) An agreement to compensate the city for loss or damage to public property, the deposit of a surety bond or cash in an amount sufficient to guar- antee the cleaning up of the site and removal of any debris left as a result of the holding of the event. If the applicant is to provide security, traffic confro1 or other similar activities a surety bond or cash in an amount sufficient to guarantee such performance shall be required; (2) That the applicant provide public liability insurance and property damage insurance, including products liability coverage written by an insurance company acceptable by the city in minimum limits as set by Chapter 5.60 of this code; (3) 'Ihat the applicant execute a hold harmless agreement indemnifying the city for any personal injury or property damage arising fkom such special event. IIhe special event committee shall consider the recommendation of the risk manager, the likelihood of harm to participants and spectators, as well as the financial hardship to the applicant when deciding insuraoce requirements. (b) Recommendations for the withholding of a surety bond or cash deposit for failure to perform as required shall be made to the city manager or his designated representative no more than fifteen days after the conclusion of the special event. (c) lk city manager shall submit the final re- fund or additional billing request to the finance department no more than thirty days aftex the con- clusion of a special evenL (Ord. NS-56 $4 (part), 1989) (crhbd 991) 8.17.100 8.17.100 Staff and equipment cost recovery. (a) If it is determined that the special event will warrant the presence of police officers, paramedics, fre personnel, parking control, utiIities personnel, other city staff or equipment, the city manager shall require an agreement to compensate the city, a sure- ty bond or cash in an amount sufficient to pay the additional costs of providing such personnel or equipment. (b) Departments involved in a special event shall submit staffing and equipment costs to the city manager no more than fifteen days after the conclu- sion of a special event. (Ord NS-56 9 4 (part), 1989) 8.17.110 Reconsideration of application. The special event committee may reconsider all or part of an application for a permit, or any permit previously granted either upon request of the appli- cant or a member of such committee after five days' written notice thereof to the applicanL (Ord. NS-56 9 4 @art),.1989) 8.17.120 Submission of alternate upon denial. If a permit has been denied because of a conflict of a date and/or hour for the proposed event with another special event, the applicant may request reconsideration of such application and submit there- with an alternate date andlor hour for holding such event. (Ord. NS-56 9 4 (part), 1989) 8.17.130 Consideration of late application. The special event committee, in its discretion, may consider any application filed with the chief of police less than sixty days prior to the date request- ed for holding a special event. (orb NS-56 3 4 (part), 1989) 8.17.140 Suspension or revocation of permit. A permit for an event issued hereunder shall be suspended or revoked pending a heating by the city manager at any time: (a) When he has reasonable cause to believe that the pedt was issued in error or issued in reliance on Mse or erroneous information; (b) When he has reason to believe that the health, safety and welfare of persons or property would be endangered because of real or threatened disaster, public calamity, riot or other emergency. Notice of such suspension or revocation shall be made in writing to applicant or permittee. The sus- pension or revocation of the permit shall be final unless appealed to the city council within ten days of the date of service of the written notice. Failure to file an appeal within such ten-day period shall constitute a waiver of the right to such appeal. Such notice shall be filed with the city clerk (ad NS-56 0 4 @art), 1989) 8.17.150 Authority. 'She chief of police or designated representative has the authority to: (a) Post the approved parking control signs as approved in the special event permit Such signs shall be posted at least twenty-four. hours in advance of such special event and when so posted may issue citations andlor tow away vehicles parked in viola- tion of the posting; (b) Close roadways as approved in the special event permit; (I) Signs advising the date and time of the clo- sure shall be posted on secondary arterial, major arterial or prime arterial streets, or streets on which more than five intersections will be closed, at least ten days prior to the date of closure, (2) A list of interested parties shall be estab- lished and shall include, but not be limited to: North County Transit District, the Califomia'Highway Patrol, San Diego Gas and Electric Compy, and the local contract mh disposal company. The par- ties on the interested parties list shall be notified of the closure by mail at least ten days prior to the event; (c) Stop a special event at any time it is deter- mined that the public safety is in jeopardy. (Ord. NS-148 8 1, 1991; Ord. NS-56 8 4 @art>, 1989) 8.17.160 8.17.160 Penalties for violstion. The penalty for violating any provision of this chapter or conditions of the pennit may include any or all of the following: (a) Any penon(s) violating any provision of this chapter or conditions of the permit shall be guilty of a misdemeanor or infraction and upon conviction thereof shall be punished by a fine of not mort than one thousand dollars or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of tbe chapter is (b) Any violation of this chapter or violations of conditions of a special events pennit may result in the denial by the city manager of a special events permit for future similar events. (Ord. NS-452 0 2, committed, continued or permitted. 1998: Ord. NS-56 # 4 @art), 1989) 8.17.170 Severability. If any section, sentence, clause or phrase of this chapter is for any mason held to be invalid or un- constitutional by a decision of any court of compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter. The city comic3 declares that it would have passed the ordinance coditied in this chapter and adoptd this chapter and each section, sentence, clause or phrase thereof imspective of the fact that any one or more sections, subsections, sentences, clauses or phraSesbdeclaredinvalidor~stitutional.(ord. NS-56 8 4 @art), 1989) 244-1