HomeMy WebLinkAbout2005-09-20; City Council; 18288; Forum on Immigration and Other Special Eventsn
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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