City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION
Staff recommends the City Council:
1. Consider a fee waiver request made by the Culver City Exchange Club (the
“Exchange Club”) for the Fifth Annual Culver City Car Show (the “Car Show”);
and,
2. Approve a license agreement for the Car Show; and,
3. Designate the Car Show as a City-sponsored event.
Staff recommends the Redevelopment Agency:
Determine what level of support, if any, it wishes to provide to the Car Show in
the form of a reimbursement to the City of its costs associated with the event.
BACKGROUND
The Culver City Exchange Club is proposing to host the Fifth Annual Culver City Car
Show on Saturday, May 10, 2008. As proposed, the Car Show will be presented in
the same general area as in the prior four years: along Culver Boulevard between
Duquesne Avenue and Ince Boulevard (Attachment 1).
Meeting Date: 04/07/08 Item Number: J-2
AGENDA ITEM: JOINT ITEM: 1) Consideration of a Fee Waiver Request by the
Culver City Exchange Club for the Fifth Annual Culver City Car Show; 2) Approval
of a License Agreement for the Car Show; 3) Consideration of Designation of the
Fifth Annual Culver City Car Show as a City-Sponsored Event; and 4) Determine
the Level of Redevelopment Agency Support for the Car Show.
Contact Person/Dept.:
Jeremy Green, Community Development
Phone Number:
(310) 253-5764
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Culver City Exchange Club (04/02/08); Downtown Business
Association (04/02/08); Chamber of Commerce (04/02/08); Master Notification List
(04/02/08).
Department Approval:
Sol Blumenfeld (3/26/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (04/01/08)
Fiscal Impact Approval:
Jeff Muir (by N. Kimball) (04/01/08)
City Manger Approval:
Jerry B. Fulwood (04/02/08) City of Culver City, California
City Council Agenda Item Report
DISCUSSION
Fee Waiver Request
In 2007, the Council approved a fee waiver requested by the Exchange Club, the
promoter of the Car Show, in the amount of $12,000. Tonight the Council and
Agency are asked to consider the fee waiver for this year’s event. The Exchange
Club is finalizing their Special Event Permit application which will be heard by the
Committee on Permits and Licenses (the “Committee”). The Committee has
authorized permits for this event in each of the prior years.
Staff met with representatives of the Exchange Club. Subsequently, staff arranged
planning sessions with representatives of the Exchange Club and various City
Divisions and Departments for the purpose of identifying requests and costs. Plans
for the layout of the 2008 Car Show were presented at each meeting and they
remain substantially unchanged from last year with the exception of how the
realignment of Washington Boulevard affects the street closures at Ince Boulevard.
The realignment of Washington Boulevard in the Downtown area is anticipated to
be completed prior to the end of April 2008. The realignment will close the one-
block segment of Washington Boulevard between The Culver Hotel and The
Culver Studios and redirects that vehicular traffic one block east onto a widened
Ince Boulevard (to be renamed Washington Boulevard). Staff has worked with
traffic engineering staff to ensure that this year’s car show takes the new roadway
configurations into account when preparing the traffic flow and diversion plans. The
Car Show plan will be unaffected by any potential remaining construction. Staff
has been informed that no construction will take place on the days of the event.
Staff has compiled costs, in cooperation with other City staff, associated with the Car
Show which are estimated to be under $15,000. The Exchange Club has requested
that the Council grant a fee waiver for this amount. The costs to the City would be
incurred primarily by the Public Works, Police, and Parks, Recreation and
Community Services Departments. The majority of the costs that have been
projected by the Public Works and Police Departments are for staff time.
In exchange for the City’s permission to use City equipment, the Exchange Club
shall provide the City with use of three booth spaces and one vehicle display space
during the Car Show for purposes deemed appropriate by the City.
During past events, the Exchange Club utilized a Parks, Recreation and Community
Services (“PRCS”) Global Electric Motor (“GEM”) truck. The Exchange Club City of Culver City, California
City Council Agenda Item Report
requests that Council consider its request to use the GEM truck this year as well.
The use of the GEM truck requires Council authorization. If the Council authorizes
the use, the Exchange Club will provide a certificate of general liability insurance in
an amount of $1 million and a Special Endorsement Form naming the City as
additionally insured, as well as automobile insurance covering the Exchange Club’s
volunteer driver.
License Agreement
For each of the past year’s Car Show events, the City has entered into a License
Agreement with the Exchange Club setting forth the duties and responsibilities of the
Exchange Club relating to the operation of the Car Show, and any benefits conferred
upon the Exchange Club by the City (i.e. use of City equipment; fee waiver, where
applicable; etc.). Included with this report for Council’s reference is a copy of the
2007 License Agreement (Attachment 2). Staff recommends that the Council
approve a license agreement with the Exchange Club and direct the City Attorney’s
Office to prepare such agreement consistent with the Council’s direction this
evening.
Banner Request
The Exchange Club requests that Council allow the organization to post banners in
the public right-of-way to advertise the event.
Currently, Section 17.330.040 of the Culver City Municipal Code (CCMC), relating to
Signs in the Public Right-of-Way, provides for certain exceptions to posting signs in
the public right-of-way (which is generally prohibited). One such exception is for
signs relating to the “promotion of civic events and activities” where those events
and activities are “organized or sponsored by the City or Redevelopment Agency.”
(CCMC Section 17.330.040.B.7.a) For purposes of this Section, the City has
adopted the following standards/definitions to determine whether an event or activity
qualifies for this exception:
“Civic event or activity” means any event or activity
organized or sponsored by the City or Redevelopment
Agency including, but not limited to, (a) any public
program or educational activity; and (b) the
commemoration or celebration of any historical date,
event or person, holiday or persons or events of local,
state or national significance. (CCMC Section
17.330.040.B.7.b.i)
City of Culver City, California
City Council Agenda Item Report
“Sponsored” means that the City and/or Redevelopment
Agency is (a) participating in an official capacity in the
planning, preparation or promotion of the event or
activity; and (b) contributing 25% of the total estimated
costs of the civic event or activity, or at least $1,000,
whichever is less. This contribution may take the form of
funds, labor, staff time, materials, a waiver of fees, or any
combination of the foregoing. (CCMC Section
17.330.040.B.7.b.ii)
During administration of this provision of the CCMC, it is sometimes misinterpreted
that if an event meets either criterion (a) OR criterion (b) under “Sponsored” in the
previous paragraph, then the event is City-sponsored. However, the CCMC clearly
requires both (a) AND (b) to be met. In addition, the use of City staff resources,
equipment, etc., for an event does not in and of itself constitute participation in the
event by the City in an “official capacity” in the planning, preparation or promotion of
the event. Further, in accordance with the recently adopted City Council Policy
regarding Community Organizations, in addition to meeting the above-referenced
criteria, in order for an event to be considered City-sponsored and/or
Redevelopment Agency-sponsored, the City Council and/or Redevelopment Agency,
must determine, by specific action, that the above criteria have been met.
Staff recommends the City Council and/or the Redevelopment Agency consider
whether to designate the Fifth Annual Culver City Car Show as a City-sponsored
and/or Redevelopment Agency-sponsored event, based upon the above criteria.
It should also be noted that City staff, in accordance with the City Council adopted
policy on Community Organizations, will be bringing back a future agenda item for
Council’s consideration as to determine whether to enter into a Memorandum of
Understanding or similar document with the Exchange Club relating to the City’s
relationship with the Exchange Club, including issues relating to future Car Shows
and other events organized by the Exchange Club.
In summary, in order to be eligible for a banner, the City Council and/or the
Redevelopment Agency would need to take both of the following actions: (1)
determine the Car Show is a City and/or Agency sponsored event AND (2)
determine to support the event in an amount no less than $1,000, which may take
the form of a fee waiver. Should the Council and/or Agency take both of these
actions, the City Attorney shall include appropriate language in the License
Agreement to reflect these actions, thereby granting the request for banners.
FISCAL ANALYSIS City of Culver City, California
City Council Agenda Item Report
The City’s costs associated with the Car Show are primarily staff time and are
estimated to be under $15,000. Unless a fee waiver is granted by the City Council,
staff would invoice the Exchange Club for the actual costs incurred. Alternately,
should the City Council grant the fee waiver, additional costs would not be
reimbursed and would be absorbed by the City’s General Fund.
If the Council decides to waive the fees, the Agency may take up the question of
whether to make up the loss of revenue to the City. There are sufficient funds in the
Account No. 55090200.610200 “Marketing Services” to cover the estimated amount
as described below.
For comparison purposes, the fee waiver request for this event in 2007 was $15,000
and the Council approved $12,000. The Agency did not reimburse the City last year.
This year’s allocations have fluctuated due to new requests, changes in
departmental budgets and staff time cost increases. The Police Department’s budget
has decreased with the implementation of 16 non-paid Reserves Officers and a
reduction in the number of paid Officers. Also, the Public Works Department has
included engineering and traffic staff costs for the planning of the event and for
supervision on the day of the event, in addition to the sanitation and electrical costs.
This will ensure specific overview for the event.
The estimated costs are provided for Council review.
City Costs (without banner permit fee):
Fire: $ 0 Radios
Police: $4,200 2 Motor Officers, 2 Sergeants
PRCS:
Equipment $ 268 Tables, Chairs, Podium
$ 0 GEM Truck
Public Works:
Electrical $1,700 Electrical usage for stage and vendors, staff time
Engineering $6,460 Street closures, staff time
Sanitation $1,000 Additional bins, Scout vehicle, staff time
Transportation: $ 0 Staff time
Treasury: $ 380 Street closure, business license, event permits
Total: $14,008
City Cost for Banner Permit (in the public right of way):
City of Culver City, California
City Council Agenda Item Report
Treasury: $ 56 Permit Fee
Banners would be produced at the Exchange Club’s cost.
Total costs, including the Banner Permit would be $14,064.
ATTACHMENTS
1. Map of Downtown Culver City, including realignment of Washington Blvd.
2. 2007 Car Show License Agreement
MOTION
That the City Council:
1A. Approve the fee waiver request made for the Culver City Car Show and
determine the amount of the fee waiver to be $_______________;
OR
1B. Deny the fee waiver request made for the Culver City Car Show.
AND
2A. Designate the Fifth Annual Car Show as a City-sponsored event;
OR
2B. Determine that the Fifth Annual Car Show is not a City-sponsored event.
AND
3. Approve a License Agreement with the Culver City Exchange Club;
authorize the City Attorney to review/prepare necessary documents; and
authorize the City Manager to execute such documents on behalf of the
City.
That the Redevelopment Agency:
1. Determine the level of financial support the Redevelopment Agency
wishes to provide for the Car Show to be $_______________ (staff
recommends that any financial support be in the form of a reimbursement
to the City of its costs associated with the event) City of Culver City, California
City Council Agenda Item Report
AND
2A. Designate the Fifth Annual Car Show as a Redevelopment Agency-
sponsored event;
OR
2B. Determine that the Fifth Annual Car Show is not a Redevelopment
Agency-sponsored event.