HomeMy WebLinkAbout8.2 Diwali Celebrationor
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DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
October 6, 2015
Honorable Mayor and City Councilmembers
CITY CLERK
File #920 -60
Christopher L. Foss, City Manager "
Request for City Sponsorship of Diwali Celebration in City ark
Prepared by Hazel L. Wetherford, Parks and Community Services Business
Manager
EXECUTIVE SUMMARY:
The City Council will consider a request from a Dublin resident for City- sponsorship of a Diwali
celebration, which would include safe and sane fireworks, at a City park (preferably in East
Dublin) on Saturday, November 14, 2015.
FINANCIAL IMPACT:
The financial impact will depend on the option selected by the City Council:
• Option 1: No financial impact to the City.
• Option 2: The financial impact will include the estimated $4,449 as outlined below.
• Option 3: The financial impact will include the estimated $4,449, plus the cost of the
fireworks, and the risk and liability of injuries from fireworks.
RECOMMENDATION:
Staff recommends that the City Council provide direction regarding the request for a City -
sponsored Diwali celebration.
� r
Submitted By l Reviewed By
Parks and Community Ser ices Director Assistant City Manager
DESCRIPTION:
On July 21, 2015, Dublin resident, Sumeet Agrawal, approached the City Council and requested
that the City consider a Diwali celebration in Dublin that would include the use of safe and sane
fireworks. Staff was directed to meet with Mr. Agrawal to discuss his ideas. Staff met with Mr.
Agrawal on August 5, 2015.
Page 1 of 4 ITEM NO. 8.2
Initially, the event was proposed for Wednesday, November 11, 2015, a national holiday
(Veteran's Day), at Emerald Glen Park. On Thursday, September 24, 2015, Mr. Agrawal
submitted a revised proposal to hold the event on Saturday November 14, 2015 from 6 to 9 pm
in any City park, preferably in Eastern Dublin. Mr. Agrawal has indicated to staff that fireworks
are critical to the event.
Although the proposed Diwali celebration would not be a City event, Mr. Agrawal's proposal that
the City sponsor the event has several components requiring action or contribution of Staff
resources by the City:
• City authorization to allow the event organizers and attendees to exclusively use space at
a city park for two to three hours in the evening;
• City provision of Fire Department support to ensure safety of the event;
• City setup and cleanup of the event (City staff and MCE staff);
• City authorization to reserve space and permitting for an Indian food truck;
• City waiver of insurance and indemnification requirements for the event; and
• City provision of a limited advertising campaign to generate awareness of the event in the
community.
In addition to the costs that the City would incur to assist with the event, the proposal implicates
several provisions of the Municipal Code that govern the use of parks. Under the Municipal
Code, the Director (who is the City Manager or his or her designee) can issue permits to allow
the exclusive use of parks facilities. The proposal would require such a permit. The Municipal
Code provides that the Director may require insurance and indemnification provisions as are
appropriate to protect the park and the public.
In addition, the proposal would require the Director to authorize the possession and use of
fireworks within a park. The Municipal Code generally prohibits the possession and use of
fireworks within the City's parks (see Dublin Municipal Code section 5.100.110). The single
exception occurs on 4th of July, when the City allows the use of safe and sane fireworks in the
following four locations: Alamo Creek Park, Dublin Sports Grounds, Emerald Glen Park and
Shannon Park. When City events include fireworks, they are provided by independent
pyrotechnic contractors who provide the City with the necessary insurance coverages.
Because of the ongoing construction at the Emerald Glen Recreation and Aquatics Complex,
the Fire Marshal will not allow a fireworks event at Emerald Glen Park, as was the case with the
recent Splatter event. Parks and Community Services Department staff also considered other
parks in East Dublin as alternate locations for the celebration. Neighborhood parks are not
suitable for community events such as the one proposed and particularly those with fireworks.
The Fire Marshal believes that the only suitable location would be Dublin Sports Grounds and
the Civic Center parking lot.
A key issue with respect to the proposal is the need for insurance. Mr. Agrawal proposes that
the City provide the necessary insurance and refrain from requiring indemnification from his
proposed event. As mentioned earlier, insurance for fireworks at City events is provided by the
pyrotechnics contractor. The City is named as an additional insured on the contractor's policy.
The City does not sponsor the events on 4th of July; the use of fireworks on 4th of July in City
parks is entirely private, as the City is merely providing an opportunity to the public. Therefore,
the City does not procure additional insurance coverage for the public use of fireworks in City
parks during the 4t of July.
Page 2 of 4
Staff contacted the City's insurance carrier, Alliant Insurance Services, Inc., to determine
whether the City or Mr. Agrawal could obtain insurance coverage for this event. Staff was
informed that the City's participation in the Association of Bay Area Governments (ABAG),
PLAN Risk Pool provides for broad coverage under a memorandum of coverage (MOC). While
coverage is implied by the MOC, the MOC also makes each PLAN member responsible for
preventing losses to private citizens due to conditions within the control of the City. This
responsibility is reflected in the City Council- adopted Risk Management Policy (Resolution 65-
13). The ABAG PLAN Risk Pool's Manager identifies this request —City sponsorship of an event
that involves fireworks and the waiver of the prohibition of possession and use of fireworks in
parks —as an untenable level of risk for the City to consider and falls outside of the scope of
what other municipal agencies in the ABAG, PLAN Insurance Pool would expect the City to
support.
In light of the proposed City involvement in the event's planning, marketing, and logistics, the
inability to manage the liability risk associated with the use of fireworks, and Mr. Agrawal's
indication that the event would not occur without fireworks, Staff informed Mr. Agrawal that Staff
would not recommend his proposal be approved.
On September 15, 2015, the City Council requested that Staff bring forward a cost analysis in
response to Mr. Agrawal's proposal.
Staff has prepared a cost analysis as outlined below and provided some options for the City
Council's consideration.
DIWALI COST ANALYSIS
TOTAL
City of Dublin $1,292
MCE $1,039
Dublin Police Services $1,918
Alameda County Fire Services $200
Total Estimated Cost $4,449
Staff has identified three (3) potential scenarios for the event:
Option 1 – Emerald Glen Park, No City Sponsorship, No Fireworks
This option would involve no costs to the City, and could be processed by staff immediately. It
would involve Mr. Agrawal submitting a rental application for the Emerald Glen Picnic area and
one or two Soccer Fields as needed.
Option 2 – Dublin Sports Grounds /Civic Center, City Sponsorship, Fireworks with Private
Insurance
This option would include Mr. Agrawal providing insurance coverage to cover the use of
fireworks and covers all of the costs as outlined in the estimate above as well as hiring a
licensed pyrotechnic independent contractor for the use of fireworks. This option would require
the City's Parks and Community Services Director to make an exception to allow fireworks in a
City park.
Page 3 of 4
Option 3 — Dublin Sports Grounds /Civic Center, City Sponsorship, Fireworks without
Insurance
This option would assume that the City Council would be willing to have the City assume the risk
and liability associated with fireworks use as well as hiring a licensed pyrotechnic independent
contractor for the use of fireworks. In this scenario the Dublin Sports Grounds /Civic
Center /Library parking lot would be the only area the Fire Marshal would approve. This option
would require: 1) the City's Parks and Community Services Director to make an exception to
allow fireworks in a City park, 2) a budget amendment would need to be approved by the City
Council to cover the estimated cost, and 3) the City Council would have to decide to assume the
risk and liability of injuries from fireworks since the City's insurance carrier will not cover it. Staff
would also need to work with the group that has reserved the Dublin Sports Grounds (Dublin
United Soccer League) which has six of the seven fields rented all day until 8 pm.
Staff recommends that the City Council provide direction regarding the request for a City -
sponsored Diwali celebration.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Mr. Agrawal was provided with a copy of the Staff Report.
ATTACHMENTS: 1. Proposal from Dublin resident Mr. Sumeet Agrawal
2. Dublin Municipal Code Section 5.100.110
3. Resolution No. 65 -13
Page 4 of 4
Proposal from Mr. Sumeet Agrawal —Tuesday, 8/11/2015
Proposal: City sponsorship to provide Emerald Glen Park as place of congregation and celebration for
Diwali fireworks on 11th Nov, 2015
Budget drivers and considerations:
* Renting of space at Emerald Glen Park for 2 -3 hours in evening (at dusk) on 11th Nov, 2015
* Fire department support to ensure safety of the event
* Cleanup of the area after the event
* Space and permit as applicable for Indian food truck(s) for the event
* Limited ad campaign to generate awareness in the community
* * * * * **
Revised Proposal from Mr. Sumeet Agrawal —Thursday, 9/24/2015
Here is a summary of what we are requesting for the city sponsored Diwali Firework event at one of
Dublin's parks on Nov 14th, 2015 between 6 -9 Pm - preferably in East Dublin:
*Area designated by city for community to congregate, bring their own fireworks (Crackle, Ground and
hand heald sparkling devices, wheel and ground spinners etc.)
*Cleanup efforts after the event
*Permits and Liability insurance for fireworks
5.100.110 Activities in narks — Prohibited acts.
Unless expressly authorized by the Director, no person while in any park shall:
A. Smoke, which includes the consumption of tobacco by inhaling, exhaling, burning or
carrying any lighted pipe, cigar or cigarette of any kind;
B. Practice, play or in any way engage in the art of archery;
C. Play or engage in active sports or games, except on areas suitable and set apart for such use,
and with suitable equipment and performed in a manner as to provide for reasonable protection
to both individuals and property;
D. Operate powered or line- attached model crafts of any kind or description, except in areas
provided for such specific activities;
E. Camp, lodge or remain overnight;
F. Bring, land or cause to descend any airplane, balloon, parachute or other apparatus used for
aviation purposes;
G. Play, practice or in any way engage in the game of golf, except in areas provided for such
specific purposes;
H. Swim, bathe or wade in any fountain, pond, lake or stream, except in pools or water play
areas provided for such purposes;
I. Picnic or lunch in a place where notice has been placed prohibiting the consumption of food;
J. Use tennis courts unless wearing soft rubber -soled shoes;
K. Give, present or engage in any exhibition, show, play, performance, dance or concert for
money, checks, credit or representative of value which is redeemable in money;
L. Use electrical amplifying equipment. Authorized use shall be subject to the following
conditions: the number of loudspeakers, their location, direction, power output and the hours
during which they may be used shall be subject to written approval of the Director;
M. Operate a portable gas or solar - powered generator to power any electrical equipment unless
as a condition attached to a temporary exclusive use permit issued pursuant to Section 5.100.060;
N. Use any restroom, washroom or dressing facility not provided for his /her sex, other than a
child under the age of six (6) years accompanied by a parent or a disabled person accompanied
by an attendant;
O. Fire, possess or discharge any firecracker, torpedo or similar fireworks (including safe and
sane fireworks);
P. Possess, shoot, or otherwise operate any paintball marker or paint gun, airsoft gun or any
other weapon or projectile device that is propelled by spring, compressed air or gas, or electric
device;
Q. Erect an inflatable jump house or other temporary play structure except in areas designated
by the Director for such use; or
R. Fire or discharge any type of rocket.
Authorization by the Director shall not relieve any person so authorized from complying with all
applicable ordinances and laws and securing all necessary permits otherwise required. (Ord. 3 -13
§ 1: Ord. 35 -08 § 1 (part): Ord. 27 -04 § 1 (part): Ord. 5 -93 § 1(II): Ord. 16 -88 § 11)
RESOLUTION NO. 65 - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING RESOLUTION 168 -05 TO UPDATE THE CITY OF DUBLIN'S RISK
MANAGEMENT POLICY TO INCLUDE ADOPTING A POLICY DOCUMENT
WHEREAS, the City of Dublin's membership in the ABAG PLAN, Corporation risk sharing
pool requires that the Dublin City Council commitment to adopt a risk management policy; and
WHEREAS, the City of Dublin is committed to protection and conservation of persons and
property from injury or destruction; and
WHEREAS, the systematic identification and control of unnecessary risks, undertakings,
or hazardous conditions minimizes the City's physical and financial losses as well as human
suffering; and
WHEREAS, the risk management is a concept designed to protect and conserve
municipal assets and to foster a safe work and City environment for its employees and citizenry;
and
WHEREAS, risk management serves to avoid unforeseen and catastrophic losses as well
as to minimize the cost fluctuations of insured and self - insured programs; and
WHEREAS, updating Resolution No. 168 -05 to include adopting a Policy Document
(Exhibit A).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
supports the risk management programs and activities pursued by the City Manager and
provided by ABAG PLAN, Corporation.
1. The City Manager, City Attorney, and Department Directors are hereby designated as
the City's Risk Management Committee. The responsibilities of this Committee are to
take actions which:
a. recognize and control risk;
b. prevent loss of public property;
c. prevent injuries to public employees;
d. prevent injuries and losses to private citizens who may suffer damage due to
the actions or decisions of public employees or officials in the course of their
duties,
e. prevent losses to private citizens due to conditions within the control of the City
of Dublin.
2. The Risk Management Committee shall, at least semi - annually, conduct a
comprehensive review of risk management issues and trends affecting the City.
Included in this review shall be claims, facilities, contracting, use of City facilities,
operating procedures, and safety education. The Committee shall utilize information
gathered in this review to help fulfill its responsibility to act as set forth in Paragraph 1.
Page 1 of 2
3. The City Manager shall implement appropriate procedures, regulations, and
contractual provisions through the City Attorney and the Department Directors to
transfer risk of loss to others in all third party transactions, including the use of City
facilities, either through insurance requirements with the City of Dublin named as an
additional insured, faithful performance bonds, or hold harmless clauses.
4. The City Manager shall cause to be conducted, through ABAG PLAN Corporation, a
risk management audit of City activities at least bi- annually by a recognized risk
management expert and shall present such audit to the Risk Management Committee
for action.
BE IT FURTHER RESOLVED that such risk management activities are considered an
integral part of the City's overall management system.
PASSED, APPROVED AND ADOPTED this 215t day of May, 2013, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST:
Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
None
None
None
(L �, /��
City Clerk
Reso No. 65 -13, Adopted 5- 21 -13, Item 4.7 Page 2 of 2
Mayor
2.o
1.1 Reduce the risk of loss_
City of Dublin
Risk Management Policy
1.2 Apply responsive claims management techniques to losses that do occur.
1.3 Protect the City finances from catastrophic losses, or an annual accumulation of
losses that would cause financial hardship_
POLICIES
2.1 Overall responsibility for risk management lies with the City Manager or his/her
designee. However, risk management is the responsibility of each City employee,
consultant, and elected official.
2.2 The Human Resources Director is responsible for performing the duties of Risk
Manager for the City. S /he will be the City's liaison with the Association of Bay
Area Governments Plan (ABAG PLAN) and its claims administration program.
2.3 Risk Management is a systematic process aimed at identifying, measuring and
controlling loss exposures. In accordance with the City's Injury Illness Prevention
Program (IIPP), the Risk Manager will implement a City -wide hazard identification
system to quickly identify hazardous conditions and effect repairs. All employees
are encouraged to notify their supervisor, department head, and /or the Risk
Manager of any condition that may expose someone to injury or damage.
2.4 Risk Management includes a responsive claims administration system. The Risk
Manager will review all incident reports and claims, and will notify ABAG PLAN
and its adjustment firm in a timely manner of all serious accidents or claims.
Supervisors will review all accident reports, incident reports, and claims affecting
their organization, and provide timely information to the Risk Manager.
2.5 Risk Management involves the transfer of the City's risk of loss to others
whenever possible and practical. The Risk Manager and City Attorney will
periodically review and update a risk transfer process that assures the use of hold
harmless and indemnity clauses in all City agreements, contracts, leases, permits,
Exhibit A
purchase orders and rental agreements, and the use of insurance clauses that
provide adequate protection to the City.
3.0 ACCIDENT REVIEW PROCESS
3.1 The Risk Manager will implement, review and update (as needed) an accident
review process in order to review ail accidents, incidents and claims to determine
their cause, preventability, methods to prevent future occurrences, and claims and
litigation defense strategy.
4.0 SAFETY REVIEW PROCESS
4.1 In accordance with the City's HPP, the Risk Manager will implement a safety
review process to engage City employees in discussions about safety issues and
how to make City operations safer.
5.0 INSURANCE
5.1 The City will establish self - insurance retention limits consistent with its financial
resources. The City will establish reserves on all self- insured losses to recognize
the expected future cost, and appropriate funds to cover all self- insure liabilities.
Exhibit A