Legislation Details

File #: HIST-19885    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 6/25/2012 Final action: 6/25/2012
Title: 1) Adoption of a Resolution Granting a Fireworks Permit Jointly to the Culver City Exchange Club and Pyro Spectaculars to Conduct the Annual Fireworks Display Sponsored by the City of Culver City and the Culver City Exchange Club to be held on July 4, 2012; and 2) Approval of a License Agreement Authorizing the Culver City Exchange Club’s Use of the City’s GEM Car for the Fourth of July Event.
Attachments: 1. 1) Adoption of a Resolution Granting a Fireworks P - C-2__12-06-25__PRCS__CITY COUNCIL__Approval-Fireworks Permit and GEM Car Agreement - FINAL.pdf, 2. 1) Adoption of a Resolution Granting a Fireworks P - C-2 12-06-25__PRCS__ATT__Fireworks Permit.pdf
City of Culver City, California Agenda Item Report Meeting Date: 06/25/12 Item Number: C-2_ CITY COUNCIL AGENDA ITEM: 1) Adoption of a Resolution Granting a Fireworks Permit Jointly to the Culver City Exchange Club and Pyro Spectaculars to Conduct the Annual Fireworks Display Sponsored by the City of Culver City and the Culver City Exchange Club to be held on July 4, 2012; and 2) Approval of a License Agreement Authorizing the Culver City Exchange Club’s Use of the City’s GEM Car for the Fourth of July Event. Contact Person/Dept.: Dan Hernandez, PRCS Director Phone Number: (310) 253-6655 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Action Item: [] Attachments: [X] Commission Action Required: Yes [] No [X] Date: _______________ Public Notification: (Email) Meetings and Agendas – City Council (06/21/12); (Email) Culver City Exchange Club (06/21/12). Department Approval: Dan Hernandez (by P. Reynolds) (06/18/12) City Attorney Approval: Carol Schwab (by H. Baker) (06/21/12) Chief Financial Officer Approval: Jeff Muir (by M. Noller) (06/21/12) City Manager Approval: John M. Nachbar (06/21/12) RECOMMENDATION: Staff recommends the City Council 1) adopt a Resolution granting a permit jointly to the Culver City Exchange Club (the “Exchange Club”) and Pyro Spectaculars to conduct the annual fireworks display sponsored by the City of Culver City and the Exchange Club to be held on July 4, 2012; and 2) approve a license agreement authorizing the Exchange Club’s use of the City’s GEM car for the Fourth of July event. BACKGROUND: The City of Culver City and the Exchange Club have been co-sponsors of the Annual Fourth of July Fireworks Display for the past several years. Culver City Municipal Code (CCMC) Sections 9.02.210 and 9.02.220 authorize the City Council, by resolution, to grant a permit for a public display of fireworks to be conducted on July 4 th . The Exchange Club routinely requests the use of the City’s GEM car for the transportation of event volunteers and event-related supplies immediately before, during and after the celebration. The Exchange Club’s use of the City’s GEM car requires the execution of a license agreement setting forth the duties and City of Culver City, California Agenda Item Report responsibilities of the Exchange Club relating to this use, including insurance and indemnification requirements DISCUSSION: GEM Car License Agreement As in past years, the Exchange Club has requested the use of the City’s GEM car for the transportation of event volunteers and event-related supplies immediately before, during and after the celebration. Staff recommends the City Council approve a license agreement with the Exchange Club with the same terms and conditions of the previous agreement and authorize the City Attorney’s Office to prepare such agreement consistent with the City Council’s direction this evening. Fireworks Display Permit The Exchange Club and Pyro Spectaculars have applied jointly for a permit to conduct the fireworks display for the 2012 Fourth of July event. Unfortunately, one of the final and most important pieces of documentation for the event, the Liability Insurance Certificate from Pyro Spectaculars, was not received by the City until June 5, 2012. This document is important because although the Exchange Club secures General Liability Insurance for the event and the City has purchased Supplemental Event Insurance for the Fourth of July Fireworks Show, the only insurance that covers incidents related to the fireworks display is that purchased by Pyro Spectaculars. Additionally, both Pyro Spectacular’s and the Exchange Club’s Proof of Insurance Certificates listing the City of Culver City as an additional insured were necessary to get a discount on the City’s Supplemental Event Insurance. That documentation reduced the City’s Supplemental Event Insurance premium from $2,568.11 to $2,067.68. The Exchange Club’s Fireworks Permit application is complete and their General Liability Insurance Certificate is in order. As of the date of the submission of this staff report, the City Attorney’s Office is in the process of reviewing documents related to Pyro Spectaculars’ Liability Insurance. Pyro Spectaculars is cooperating with the City and it is expected that the additional insurance documents for the Fourth of July public display of fireworks will be received within the week. Further, the completion of these documents is a requirement of permit issuance. 2011-2012 Discussions and Recommendations The 2011 Fourth of July Event had twice as many participants as compared to the prior year, possibly because several surrounding cities cancelled or rescheduled their fireworks shows. Although the reinstatement of the Marina Del Rey Fireworks Event this year may take some of the pressure off of Culver City’s event, last year’s increase in public participation highlighted various issues of concern to staff, some of which have been developing over the past several years. Both the Fire Department City of Culver City, California Agenda Item Report and the Police Department (specifically, the Traffic Bureau) articulated these concerns in their after-action reports. In order to discuss these concerns and share information between City Departments, a meeting was held in September 2011. Subsequently, a memo summarizing past and projected costs associated with the Fourth of July event, logistical issues and proposed changes to the terms and conditions for the 2012 event was issued to the City Manager by the PRCS Director. Detailed reports from Police, Fire, Public Works/Traffic, Public Works/Streets, and PRCS/Parks were included with the memo. On May 1, 2012, a representative of the Exchange Club met with City staff to discuss changes to the Fourth of July Event terms and conditions. These terms and conditions are included in the attached Proposed Resolution. FISCAL ANALYSIS: In addition to the purchase of $2,067.68 in Supplemental Event Insurance noted above, the City Council has approved funds in the amount of $24,000 for this event as part of the City Council Adopted Budget for Fiscal Year 2012/2013. Based on last year’s costs and including projections based on the additional staff time and resources related to the new terms and conditions of the event (where available; noted in bold italics), it is estimated that the City will also provide the following in- kind services for the 2012 Fourth of July Event: City Resource Amount Description Police Personnel $21,015 Overtime expense for 6 Sergeants, 45 Officers and 12 Non-Sworn Personnel. Not included in the $21,015 is a savings of approximately $7,587 in overtime costs because it is anticipated that 15 Reserve Officers will volunteer a total of 105 hours to assist at the Event. Fire Personnel $4,800 Seven recruit firefighters and one supervisor. Fire/ Inspections $1,200 Approximate cost of 2 Fire Prevention Inspectors preforming inspections both before and during the event. Public Works/Traffic $1,204 Traffic Engineering Manager will be present at the Event from 4:00 p.m. - 11:00 p.m. on July 4, 2012. Public Works/Traffic $1,500 Rental of additional equipment for traffic control (delineators, traffic cones, type II barricades and street signs). Public Works/Streets $6,072 Street Division: Personnel expense, equipment and materials; including an additional $251 for 7 hours overtime for one Public Works staff member to assist the Traffic Engineering Manager. Public Works/Refuse $570 Delivery, empty, removal of eight 3-cubic yard bins. Parks $3,465 Personnel expense (salary + benefits); no overtime. In-Kind Total $39,826 Estimated City of Culver City, California Agenda Item Report Based on the estimated costs outlined in the table above, the in-kind cost to the City this year is closer to $40,000 as opposed to the $30,000 noted in the Fiscal Year 2012/13 Budget Book. ATTACHMENT: Proposed Resolution. MOTIONS: That the City Council: 1. Adopt a Resolution granting a permit jointly to the Culver City Exchange Club and Pyro Spectaculars to conduct the annual fireworks display sponsored by the City of Culver City and Exchange Club to be held on July 4, 2012; and, 2. Approve a license agreement authorizing the Exchange Club’s use of the City’s GEM car at the Fourth of July event; and, 3. Authorize the City Attorney to review/prepare the necessary documents; and, 4. Authorize the City Manager to execute such documents on behalf of the City. MEETING DATE: June 25, 2012 AGENDA ITEM: 1) Adoption of a Resolution Granting a Fireworks Permit Jointly to the Exchange Club and Pyro Spectaculars to Conduct the Annual Fireworks Display Sponsored by the City of Culver City and the Exchange Club to be Held on July 4, 2012; and 2) Approval of a License Agreement Authorizing the Exchange Club's Use of the City's GEM Car for the Fourth of July Event. ATTACHMENT Pages Proposed Resolution 1 - 5 ATTACHMENT RESOLUTION NO. 2012-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • CULVER CITY, CALIFORNIA, GRANTING A PERMIT JOINTLY TO THE CULVER CITY EXCHANGE CLUB AND PYRO SPECTACULARS TO CONDUCT THE ANNUAL FIREWORKS DISPLAY SPONSORED BY THE CITY OF CULVER CITY AND THE CULVER CITY EXCHANGE CLUB TO BE HELD ON JULY 4, 2012. 7 WHEREAS, the City of Culver City and the Culver City Exchange Club (the 9 "Exchange Club") co-sponsor the City's annual fireworks display every Fourth of July; and 10 WHEREAS, pursuant to Culver City Municipal Code ("CCMC") Sections 11 9.02.210 through 9.02.220, the City Council, by resolution, may grant a permit to conduct a 12 public display of fireworks on July 4th; and 13 14 WHEREAS, Exchange Club and Pyro Spectaculars have duly applied for and 15 met all application requirements for a permit to conduct a public fireworks display. 16 NOW, THEREFORE, the City Council of the City of Culver City, California, 17 DOES HEREBY RESOLVE as follows: 18 A permit is hereby issued to Exchange Club and Pyro Spectaculars to 19 conduct a Fourth of July celebration (the "Event"), which includes a public display of 20 21 fireworks (the 'Fireworks Display"), at the athletic fields (the "Field Area") located at Culver 22 I / 23 11/ 24 hi • 25 26 II 27 28 1 2 3 4 5 6 ANDREW WEISSMAN , MAYOR City of Culver City, California APPROVED AS TO FORM: I City High School ("CCHS") on July 4, 2012, subject to all of the terms and conditions set 2 forth in Exhibit A, attached to this Resolution and incorporated herein by this reference. 3 APPROVED and ADOPTED this day of 2012. 4 5 -ATTEST: MARTIN R. COLE, City Clerk Al2-00491 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- Exhibit A 2012 Fourth of July Fireworks Event: Terms and Conditions I. Exchange Club Responsibilities: A. Culver City Municipal Code Requirements — Exchange Club and Pyro Spectaculars shall comply with all of the provisions of CCMC Sections 9.02.215 and 9.02.220. B. Insurance and Indemnification — Exchange Club and Pyro Spectaculars agree to indemnify and hold harmless the City, its officers, representatives, and employees from any loss or liability or damages, including expenses and costs, for bodily injury or property damage sustained by any person as a result of any operation related to the permit granted by this Resolution. Exchange Club and Pyro Spectaculars shall obtain all necessary insurance as required by CCMC Section 9.02.220, in addition to other coverage that may requested by the City in its discretion. C. Publicity — Advertisement of the Event shall be limited to the placement of street banners at the designated locations within Culver City. Exchange Club shall identify the City of Culver City as a co-sponsor of the Event, and the participation of the City of Culver City shall be given equal recognition with Exchange Club in all matters relating to the Event. D. Alcohol Prohibited — Exchange Club shall use its best efforts to ensure the consumption of alcoholic beverages does not occur at the Event. E. Occupant Load — The total number of Event attendees shall not exceed the maximum allowable capacity of the Field Area, which as currently configured can accommodate 12,500 attendees. Exchange Club shall be responsible for counting the number of people entering the Event and ensuring that the occupant load does not exceed 12,500 attendees. F. Safety Aisles — Exchange Club shall establish minimum 6-foot wide safety aisles on the Field Area and shall keep such aisles clear, with assistance from volunteers and the Culver City Fire Department ("CCFD"), at all times during the Event. G. CCHS Track — Chairs and blankets shall not be allowed on the CCHS track portion of the Field Area. H. Exit Signs — Exchange Club shall post large "EXIT" signs at all Field Area exits and shall make an announcement at the beginning of the Event and again just before the Fireworks Display identifying exit locations and informing the public to remain calm and exit in an orderly manner in the event of an emergency. I. First Aid Station — Exchange Club shall establish a first aid station on the Field Area that shall be clearly marked and staffed throughout the Event by Exchange Club members and/or volunteers who are qualified to administer first aid. Page 1 of 3 -3- Exhibit A to Resolution No. 2012-R Exhibit A. 2012 Fourth of July Fireworks Event: Terms and Conditions Clean-up — Exchange Club shall coordinate with the City's Parks, Recreation and Community Services Department and the Environmental Programs and Operations Division of the Public Works Department (for bin delivery, empty and removal only), as well as local volunteers (e.g. Boy Scouts, CCHS students), to clean-up the Field Area and parking areas immediately after the Event has concluded so that the Field Area and parking areas are left in the same condition as they were prior to the Event. K. Wrap-up Meeting — Exchange Club shall participate in a post-event meeting with City staff within 30 days after the Event to discuss both positive and negative outcomes of the Event and recommendations for future Fourth of July events. H. Areas of Collaboration between the Exchange Club and the City of Culver City: A. Occupant Load — Occupant load shall be controlled throughout the Event. Exchange Club, Culver City Police Department ("CCPD") and CCFD shall keep in radio contact throughout the Event regarding head count on the Field Area and shall stop entry onto the Field Area once maximum allowable capacity (12,500 attendees) has been reached. B. Staffing — Exchange Club, CCPD shall ensure there is sufficient staffing to coordinate and control the Event, ensure that restricted areas are kept free of spectators and ensure that adequate access and exiting is provided throughout the Event. Such staffing shall be required at a ratio of one crowd manager per 250 attendees, which may be provided by a combination of Exchange Club members, volunteers, CCPD and CCFD. All staffing members shall remain competent and professional throughout the Event. C. Gates — All gates around the Field Area shall be staffed throughout the Event by Exchange Club members, volunteers and/or CCFD and shall be unlocked and opened at the end of the Fireworks Display or if needed during the Event in the case of an emergency. D. On-site Parking — Parking shall be limited to the blacktop lots on the CCHS property and a section of grass on the Field Area between the visitor's bleachers and the basketball courts, in accordance with a parking diagram provided by the City's Public Works Department. E. Exiting On-site Parking — Vehicles shall exit from the Event through the following two locations: 1) Driveway on Huron Avenue; and 2) Two driveways located at the Culver City Middle School parking lot (access to these two driveways is by the service road at the southern perimeter of CCHS). Vehicles shall be directed to the above-described exits through the use of traffic control equipment. Page 2 of 3 -4- Exhibit A to Resolution No. 2012-R Exhibit A 2012 Fourth of July Fireworks Event: Terms and Conditions F. Off-site Parking — Once street parking is full in the neighborhood surrounding the Event, as determined by CCPD, no vehicles shall be permitted to enter the neighborhood unless the occupant of the vehicle can show proof of residency of that area. At the point of on-street parking saturation, the following intersections shall be closed to access (except for residents): 1. Elenda Street/Braddock Drive (west side only); 2. Elenda Street/Barman Avenue (west side only); 3. Elenda Street/Lindblade Street (west side only); 4. Elenda Street/alley (west side only); 5. Elenda Street/Wagner Avenue (west side only); 6. Huron Avenue/alleys (alley legs only); 7. Huron Avenue/Wagner Street (VVagner Street legs only); 8. Huron Avenue/Lindblade Street (Wagner Street legs only); 9. Huron Avenue/Barman Avenue (Wagner Street legs only); 10. Huron Avenue/Culver Boulevard (Huron Avenue only); 11. Harter Avenue/Culver Boulevard (Harter Avenue only); 12.Sepulveda Boulevard/alley (east side only); 13.Sepulveda Boulevard/Wagner Avenue (east side only); 14.Sepulveda Boulevard/Lindblade Street (east side only); 15. Sepulveda Boulevard/Barman Avenue (east side only); and 16. Sepulveda Boulevard/Braddock Drive (east side only). *The above-referenced intersections will accommodate egress at all times. G. Emergency Access — The segment of Harter Avenue between Culver Boulevard and Lucerne Avenue has been designated as the emergency access roadway. Emergency vehicle access to and around the Event shall be established and maintained throughout the Event by CCPD. H. Fire Lane — A 20-foot fire lane will be established on Harter Avenue, between Braddock Drive and Lucerne Avenue, on the east side of the street; it will be established and monitored through the use of traffic control equipment under the direction of the Traffic Engineering Manager, CCFD and CCPD. Page 3 of 3 -5- Exhibit A to Resolution No. 2012-R