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CC - (1) Consideration of a Request from Mr. Winston Clinton to Approve a Special Permit to Reptacular Animals, Inc. to Allow Animals in Culver City Park for Entertainment or Exhibition Purposes, at a Private Party on March 5, 2016, in Picnic Area #2 (Clinton Party, Picnic Permit #17632); and, (2) (If Desired) Direct the City Manager Regarding Options for Amending Culver City Municipal Code Section 9.10.055(A), to Give the Parks, Recreation and Community Services Department Direct Approval Authority of Special Permits for Animals in Parks for Entertainment or Exhibition Purposes at Private Functions.
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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: [X] Attachments: Yes [] No [X]
Commission Action Required: Yes [] No [X] Date:
Commission Name:
Public Notification: (Email) Meetings and Agendas - City Council (02/18/16); (Email) Mr. and Mrs. Clinton (02/18/16); (Email) Reptacular Animals (02/18/16); (Email) Parks, Recreation and Community Services Commission (02/18/16).
Department Approval: Dan Hernandez, Director of Parks, Recreation and Community Services (02/11/16).
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RECOMMENDATION
Staff recommends the City Council (1) consider a request from Mr. Winston Clinton to approve a special permit to Reptacular Animals, Inc. to allow animals in Culver City Park for entertainment or exhibition purposes, at a private party on March 5, 2016, in Picnic Area #2 (Clinton Party, Picnic Permit #17632); and, (2) (if desired) direct the City Manager regarding investigating options for amending Culver City Municipal Code (CCMC) Section 9.10.055(A), to give the Parks, Recreation and Community Services (PRCS) Department direct approval authority of special permits for animals in parks for entertainment or exhibition purposes at private functions.
BACKGROUND
For the public’s enjoyment, the City Council has routinely approved special permits for animals for the Fiesta La Ballona (Fiesta) event in years past. CCMC Section 9.10.055(A) states:
§ 9.10.055 PROHIBITIONS. Within the limits of any public park it shall be unlawful for any person:
A. Having charge, care, custody or control of any dog, except as permitted by § 9.10.400 or § 9.10.600, or other animal, fowl, or reptile to cause, permit or allow the same to be within the limits of any public park within the City, unless such person shall have obtained a special permit from the City Council to conduct an entertainment or exhibition in which an animal is a participant. (emphasis added)
(Note: § 9.10.400 relates to the Rules and Regulations of the Off-Leash Dog Park and § 9.10.600 relates to Designated Dog Paths.)
During the public comment portion of the February 8, 2016, City Council meeting, Mr. Winston Clinton requested that the City Council approve a special permit to allow Reptacular Animals to conduct an interactive exotic animal exhibition to entertain the children at his son’s birthday party, to be held in Culver City Park on March 5, 2016 pursuant to Picnic Permit #17632.
DISCUSSION
Approval of a Special Permit to Reptacular Animals, Inc.
The following information regarding Reptacular Animals, Inc., was obtained from their website at: <http://www.reptacularanimals.com/>:
Reptacular Animals is your one stop for any spectacular animal experience! Our packages are perfect entertainment for birthday parties, schools, preschools, camps, libraries, camps, festivals, events, holidays, scouts and any other time you’d like to invite animals!
We’re Southern California’s largest provider of live animal entertainment with the best variety of kid-friendly animals, affordable prices and fantastic entertainers. Let us make your next event a spectacular animal experience to remember forever!
Our animals include ponies, farm animals, bunnies, snakes, lizards, bugs, turtles, tortoises, frogs, parrots, pigeons, chinchillas, and so many more!
Reptacular Animals zoo facilities and animal care have been inspected and approved by the US Dept. of Agriculture.
The “Animal Party Package” that Mr. Winston was referring to at the February 8, 2016, City Council meeting is the “Reptacular Exotic Animal Mix Party,” which is described on Reptacular Animal’s website as:
*GIANT BIG STARS * PARROTS * SNAKES * LIZARDS * FROGS * BUGS * TORTOISES * POCKET PETS * BIRDS *
Get the best of all the animals with a Reptacular Exotic Animal Mix Party! Include something for everyone with a mix of different types of animals - from our largest reptiles and creepy crawlies to furry pocket pets and spectacular parrots! Our Exotic Animal Mix Party features 21 stunning animals and lasts about an hour and half plus you get a FREE assistant. The finale includes the largest “big star” from each of the snakes, lizards, tortoises, and birds. From an 11 foot python to a 100 pound giant tortoise, this package has the biggest and the best that’s sure to wow and amaze everyone! Includes photo ops with our blue and gold macaw for everyone (group size permitting) and the birthday child gets to walk our 5 foot lizard on a leash! You can also have us stay longer so that your party guests can play with their favorites repeatedly (for rates read “Party Add-ons” below)!
Reptacular Animals seems aware of the special circumstances regarding hosting an animal show in a public park, as evidenced by this excerpt from their website:
Permits/Insurance
We perform at many parks all over Southern California every weekend. However, it is our client’s responsibility to notify the park they will be having hired entertainment, especially live animals. Some parks request a copy of our insurance and/or our business license and permits and we can easily provide copies of those. Some parks require an additional insured certificate with an endorsement that costs $25. We’ve only had 2 parks (both in Orange County) require special wording on the insurance endorsement that costs $150 (ouch!). The client is responsible for paying all city and park fees associated with the service(s) they are hiring. If the client chooses not to inform the park or doesn’t obtain proper insurance, permits, etc. and the park will not allow Reptacular Animals and/or its affiliates to perform their hired package(s), the client is still responsible for the full payment to Reptacular Animals.
To staff’s knowledge, this is the first time that a private party has made a request for a special permit to allow animals in a Culver City park for entertainment or exhibition purposes. Typically, such permits are issued only to Fiesta animal exhibitors. In addition to getting approval of a Special Permit by the City Council, Fiesta animal exhibitors must meet the following requirements:
1. Culver City Standard Insurance Requirements for Contractors/Vendors
2. A Valid Culver City Business Tax Certificate
3. A Special Event Permit approved by the Culver City Committee on Permits and Licenses
In researching this issue, staff was made aware by the Business Section of the Finance Department’s Revenue Division, that a Special Event Permit is not necessary in this case, since the Clinton Party is a private, not a public, event. Staff has confirmed that Reptacular Animals has obtained a one-day Business Tax Certificate for March 5, 2016, and has received their proof of insurance and verified that they meet the City’s minimum insurance requirements, including naming the City as an additional insured.
If the special permit is approved, this special permit will pertain only to the applicant and their specific request to allow animals in the park for entertainment or exhibition purposes in Culver City Park Picnic Area 2, on March 5, 2016. Pursuant to CCMC Section 9.10.055(A), no other animals will be allowed in Culver City Park.
Direction Regarding Investigating Options for Amending Culver City Municipal Code (CCMC) Section 9.10.055(A)
If desired, the City Council may wish to provide direction to the City Manager direction regarding investigating options to amend CCMC Section 9.10.055(A), to give the Parks, Recreation and Community Services (PRCS) Department direct approval authority of special permits for animals in parks for entertainment or exhibition purposes at private functions.
For example, the largest capacity that our current picnic facilities allow is 100 persons, at Culver City Park Picnic Area 2, and, at the Veterans Memorial Park Picnic Shelter. The City Council may wish to consider amending the CCMC in such a way that special permits to allow animals in Culver City parks for entertainment or exhibition purposes, at a private function of 100 persons or less, are approved administratively by the PRCS Director.
Another option may be to process animal show special permits in the same way that moonbounce special permits are processed for Culver City parks. That is, as part of the standard Park Permit registration process, insurance requirements must be met and a valid Business Tax Certificate must be obtained. Once these requirements are met, the special permit is issued by Recreation Division registration staff, without the direct involvement of the PRCS Director.
Should the City Council so direct, investigation, discussion and, ultimately, recommendation(s), regarding these and other potential options for changing the process of approving special permits for allowing animals in Culver City parks for entertainment or exhibition purposes at private functions, will be conducted.
FISCAL ANALYSIS
This process has had a nominal positive fiscal impact on the City’s General Fund. The cost of the picnic permit issued to Mrs. Jenniffer Clinton was $166.00. The fee for the one-day Business Tax Certificate issued to Reptacular Animals, Inc., was $78.00 ($1.00 of which goes to the State of California).
ATTACHMENTS
None.
RECOMMENDED MOTION(S)
That the City Council:
1A. Approve a special permit to Reptacular Animals, Inc. to allow animals in Culver City Park for entertainment or exhibition purposes, at a private party on March 5, 2016, in Picnic Area #2, (Clinton Party, Picnic Permit #17632);
OR
1B. Deny a special permit to Reptacular Animals, Inc. to allow animals in Culver City Park for entertainment or exhibition purposes, at a private party on March 5, 2016, in Picnic Area #2, (Clinton Party, Picnic Permit #17632);
AND
2. (If desired) Direct the City Manager regarding investigating options for amending Culver City Municipal Code Section 9.10.055(A), to give the Parks, Recreation and Community Services Department direct approval authority of special permits for animals in parks for entertainment or exhibition purposes at private functions.