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HomeMy WebLinkAbout91-096 CC ResolutionRESOLUTION NO. 91-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING STANDARDS AND PROCEDURES FOR SPECIAL EVENTS ON PUBLIC STREETS, HIGHWAYS, SIDEWALKS, OR PUBLIC RIGHTS OF WAY WHEREAS, certain groups and individuals frequently desire to conduct parades and certain other special enterprises, activities, and events on public roads, sidewalks, and public rights of way in the City of Temecula; and WHEREAS, the City of Temecula desires to maintain an orderly, fair and expeditious process for controlling and regulating these events consistent with the protection of public property and the promotion of its best and most beneficial public use; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Special Events means any event consisting of twenty-five (25) or more persons or animals or a combination thereof on foot, bicycle, or vehicle, located on any street, highway, sidewalk, or public right of way, including, but not limited to any parade, march, ceremony, run, race, walk, meet, or procession. SECTION 2. The following procedures shall be followed for the issuance of special event permits: A. The sponsor of such Special Event shall meet and confer with the City Traffic Engineer regarding the Special Event and the effect, if any, on the city. B. Application for a permit to hold a Special Event shall be made on forms provided by the City and approved by the City Engineer. The application shall include a detailed description of the proposed special event, including but not limited to the following: 1. The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same be partnership, association, organization or fictitious company, the names of the parmers or persons comprising the association, organization or company with the address and telephone number of each; 2. The number of persons anticipated to be participating in the event; 3. Purpose of the event; 4. The date, hours, and precise location where the event is to be held; 5. The amount of any spectator, participant, entry, or other fee, if any, to be charged in connection with the event; 6. Type and nature of any vehicles, equipment, or other apparatus to be Resos 91-96 -1- used in connection with the event; 7. The number and amplifying range of any sound amplifying systems to be used in connection with the event; 8. Type of goods, wares, merchandise, food, or beverages to be sold or otherwise provided to persons at the event; 9. The name and business address of any vendors who will be participating in the event shall be provided 24 hours prior to the event date. 10. Security plan for event. The application shall be signed by the applicant under penalty of perjury and shall contain and an agreement whereby the applicant agrees to fully compensate the City for any damage to public property, as well as to clean and otherwise restore the event site to the condition in which it existed prior to the conduct of the event. C. A "major" Special Event shall be defined as one involving one hundred (100) or more persons or requiring changes in normal traffic patterns regardless of the number of persons involved. Applications for major events shall be filed 60 days prior to the date of the event. In the case of a Major Special Event, the application for the Special Event Permit shall include a traffic control plan and a traffic study. The following elements shall be included in the traffic study: 1. A fact sheet and time line. 2. Maps of the parade, bike or run courses, if applicable, which shall include both overview maps and detailed layouts. 3. Descriptions of the parade, bike or run courses. 4. A traffic flow and diversion plan. 5. A street and highway closure schedule, and a plan for notification to every residence and business located on a street or highway subject to closure or detour due to the special event. 6. A listing of all affected intersections, and a traffic control diagram(s). 7. A brief narrative describing course control, the set-up clean-up for the special event, the manner and relations for the special event, all parking requirements, the necessary medical support system, the manner of radio communications, and all insurance documentation. 8. Any and all mitigation measures applicable to the special event and available to the special event and available to lessen the impact on traffic access and safety. 9. An executive summary of the special event. 10. The traffic control plan shall be prepared in accordance with the "State Manual of Traffic Controls for Construction Maintenance Work Zones". Such Traffic Controls Plans shall be produced on reproducible sheets (24" X 36"). Resos 91-96 -2- D. The sponsor shall be required to submit an application accompanied by a base fee of one hundred dollars ($100.00). The cost of services in excess of the base fee shall be detailed and charged upon final approval or denial of the permit. E. Prior to the issuance of a permit, the sponsor shall submit to the City proof of public liability and property damage insurance, including products liability coverage, written by an insurance company acceptable to the City in the limits set forth below, naming the City as an additional insured; and the City require execution of a hold harmless agreement, indemnifying the City for any personal injury or property damage arising from such special event. Public liability and property damage insurance shall be required in the following amount: $1,000,000.00 F. The sponsor shall be required to meet with the Police Department, Fire Depamnent and the City Traffic Engineer to discuss the results of the traffic study and to review the prepared Traffic Control Plan. The Police Chief or his designee may require additional Police Staff for the event in addition to the City Staff normally on duty. Any cost for such additional Police Staff shall be paid by the applicant sponsoring the event. The rate of cost will be based upon the current fiscal year extra duty rate. The City Engineer shall determine if the traffic plan provides for sufficient barricades, warning, and directional signs and any other factors for safely closing the street for a temporary period of time. He/she shall also estimate the amount of City equipment and personnel hours that will be required to perform the work. Cost for additional staff and equipment is in addition to any filing fee required. Such amounts may be waived by the Council upon a finding that is in the best interest of the City to do so. G. If the Traffic Engineer, in his discretion, recommends approval of both the Traffic Control Plan and the Traffic Study to the City Engineer, the City Engineer shall submit a copy of both documents to the Planning Director for review and comment. H. Following Planning Director review and comments, the City Engineer may approve the application for the Special Event Permit. Approval or denial of the application shall be made by the City Traffic Engineer. The applicant shall be notified within five (5) days in writing of the decision of the City Engineer. I. As a condition to issuing a Permit, the City Engineer may impose reasonable terms and regulations concerning the time and place of such event; the area and manner of conducting such event; the maximum number of persons participating therein the regulation of Waffic, if required, including the number and type of signs and barricades to be provided by the applicant, if any, together with a plan of their disposition following the event; permissible decibel levels; and such other requirements as the Engineer may find reasonable and necessary for the protection of persons and property. Re,os 91-96 -3- Issuance of any Special Event Permit shall be conditioned on and subject to the right of the City Engineer to summarily cancel, restrict, or modify such Permit in order to facilitate or accommodate any other duly approved or permitted special event, celebration, or activity. The City Engineer shall mail to the applicant a notice of such cancellation, restriction, or modification no later than thirty (30) days prior to the special event and shall take reasonable and appropriate actions to reduce, minimize, or reasonable and appropriate actions to reduce, minimize, or eliminate any inconvenience, hardship, or burden as may result from such cancellation, restriction or modification. grounds: J. An application for a Special Event Permit may be denied on any of the following 1. The applicant has failed or refused to provide the City with the information referenced in the above or any other information requested by the City which is reasonably related to the conduct of the proposed event; 2. The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit; 3. The building, structure, equipment or location of such special event does not comply with or fails to meet applicable health, zoning, fire or safety requirements imposed by law; 4. The activity or location of the activity is such as to unreasonably limit, obstruct, or curtail the free flow of traffic on any public street or sidewalk; 5. The applicant has filed to comply with any of the conditions imposed pursuant to Section I. 6. The conduct of the special event will unreasonably interfere with the public peace, health, safety or welfare; 7. The applicant refuses to agree to or abide or comply with all conditions and regulations attendant to issuance of the permit. The City Engineer or City Clerk shall notify the applicant in writing as to the reasons for denial of any application for a permit. following; K. Upon approval of the permit application, the City Engineer shall so notify the 1. Police Department; 2. Fire Department; 3. Public Services Department; 4. Risk Manager; 5. City Manager; 6. Community Services District Resos 91-96 -4- L. A Special Event Permit issued hereunder may be summarily suspended or revoked by the City Engineer at any time when he/she has reason to believe that: 1. Any of the grounds exist for which the original permit application could have been denied or 2. The health, safety, or welfare of persons or property would be endangered because of real or threatened disaster, public calamity, riot or other emergency; or 3. The event is or will significantly or materially deviate from the terms of the proposed event as described in the permittee's application or in supplemental information provided to the committee; or 4. The permittee is or will be unable to satisfy any condition of the permit. Notice of such suspension or revocation shall be made in writing to the applicant. M. Any decision made pursuant to Section H may be appealed to the City Manager. The appeal made by the applicant or by ten or more persons potentially aggrieved by the issuance of the permit. Such appeal shall be filed with the City Clerk no less than thirty (30) days before the proposed commencement date of the special event. The City Clerk shall forward copies of the appeal to the City Manager and the City Engineer, who shall submit to the City Manager a report on the case appealed. The City Manager shall consider the appeal at a hearing. Written notice of the time and place the City Manager will consider the appeal shall be mailed by the City Clerk to the persons who filed their appeal at least ten (10) days before the date set for hearing unless the applicant shall waive notice in writing· In any appeal, the City Manager shall consider the application, the report of the case submitted by the City Engineer and other pertinent information. The decision of the City Manager shall be final. SECTION 3. The City Clerk shall certify the adoption of this Resolution· PASSED, APPROVED AND ADOPTED, this 10th day of September, 1991. Ronald J. Parks, Mayor ATTEST: · Greek, City C'~I~rW Re,os 91-96 -5- [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I I-IEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 10th day of September, 1991 by the following vote of the council: AYES: 5 COUNCIL MEMBERS: Birdsall, Moore, Lindemans, Mufioz, Parks NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Re,os 91-96 -6-