CC Resolution 12987 - Authorizing a Downtown Special Event Permit and Fee Waiver Approving and Amendment to the Promissory Note with the Chamber of CommerceRESOLUTION NO. 12987
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE ISSUANCE OF A DOWNTOWN SPECIAL EVENT
PERMIT TO THE CAMPBELL CHAMBER OF COMMERCE, AUTHORIZING A
FEE WAIVER FOR A NOT -TO -EXCEED AMOUNT OF $25,000 IN PERMIT
FEES, AND APPROVING AN AMENDMENT TO THE PROMISSORY NOTE
BETWEEN THE CITY OF CAMPBELL AND THE CAMPBELL CHAMBER OF
COMMERCE FOR A DECREASE IN PERMIT FEES DUE
WHEREAS, on April 10, 2023, the Campbell Chamber of Commerce (Chamber)
applied to the City of Campbell (City) for a Downtown Special Event Permit
(Permit) that would allow the Chamber to hold its Boogie Music Festival (Boogie)
in Downtown Campbell from Saturday May 20, 2023 through Sunday May 21,
2023-,and
WHEREAS, the Chamber also requested the City grant a fee waiver for the
Permit fees charged by the City such that the fees not exceed $25,000; and
WHEREAS, the City Council determined that based on the information the
Chamber provided, the Chamber had met all the requirements to support the
issuance of a Downtown Special Event Permit as well as a fee waiver with a not -
to -exceed Permit fee of $25,000 for its 2023 Boogie event; and
WHEREAS, separately, in May 2022, the City and the Chamber had signed a
Promissory Note related to prior Chamber events whose outstanding invoices for
Permit fees totaling $172,998.71 had not yet been paid to the City; and
WHEREAS, the Promissory Note also included amounts the City owed to the
Chamber for an information and referral contract for a total of $30,000; and
WHEREAS, the parties ultimately agreed in the Promissory Note that the
Chamber would pay to the City the balance of $142,998.71 in monthly
installments; and
WHEREAS, on April 10, 2023, the Chamber requested that the Permit fees due
under the Promissory Note for these prior events also be reduced to a not -to -
exceed amount of $25,000 per event; and
WHEREAS, on May 2. 2023, the City Council considered the Chamber's profits
and losses for the Chamber's Boogie and Oktoberfest events dating back to
calendar year 2017 and based on this documentation, the losses the Chamber
experienced during COVID-19, and the representations the Chamber made
regarding steps it was taking to cover the Chamber's operational costs, and
determined that an amendment to the Promissory Note to reflect a not -to -exceed
Permit fee of $25,000 for the 2021 and 2022 Boogie events and a not -to -exceed
Permit fee of $35,000 for the 2019 and 2021 Oktoberfest events was reasonable.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Campbell hereby authorizes the issuance of a Downtown Special Events Permit
for the Chamber's 2023 Boogie event, authorizes a not -to exceed Permit fee of
$25,000 for the 2023 Boogie event, and approves an amendment to the
Promissory Note to reflect a not -to -exceed Permit fee of $25,000 for the 2021
and 2022 Boogie events and a not -to -exceed Permit fee of $35,000 for the 2019
and 2021 Oktoberfest events.
PASSED AND ADOPTED this 16th day of May, 2023 by the following roll call
vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
(Bybee No on Promissory Note)
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Anne Bybee, Mayor
ATTEST:
J��& /�Ame
Andrea Sa ders, City Clerk