6 21-0648 Subject: Informational Report On Civilianization Of Special Events
From: Vice Mayor Kaplan And Councilmember Fife
Recommendation: Receive An Informational Report From The City Administrator On The Status Of The Implementation Of The July 2020 Council Directive To Transfer Special Events Permitting Out Of The Oakland Police Department To Civilian Control
I support civilizianization of an events permitting process but changing which agency is responsible will NOT improve present conditions detrimental and dangerous to public health and safety resulting from unpermitted/uncontrolled events as presently occurring several times a week at Lake Merritt Boathouse, and elsewhere. Others have detailed the terrible noise, trash, arsons and human waste accompanying the events. I would add that high-speed, wrong-way, reckless driving of cars and motorcycles on Bellevue Avenue near and in the Park associated with Boathouse events is also a public health and safety issue. Such illegal driving is controllable (i.e., by retractable pavement spikes and/or a serious traffic violations ticketing programming for offenders - occasional passive OPD presence has failed to reduce illegal and dangerous driving. Most importantly, though proposed program changes offer hope of procedural improvement, they will fail if they remain unenforced and therefore easily ignored by event organizerrs who routinely disregard reasonable noise, litter, and alcohol/drug laws, and will ignore any unenforced advance notice, time and expense requirements. Those sponsors will NOT voluntarily comply as shown by their disregard for current failed procedures unless a "reformed" process is accompanied by serious law enforcement efforts with serious sanctions (i.e. financial penalties for first violations and misdemeanor convictions for subsequent intentional violations).
I am in favor of requiring permits for all park events that make noise, create trash, require port-a-potties, and potentially endanger residents. But the city must be willing to enforce the requirement of having permits (i.e. shut down un-permitted events) as well as the requirements listed in the permits. Otherwise the whole exercise is useless.
I agree that the issues needing to be included in event permits are: the decibel levels which are easily measured and which affect residents who cannot escape the nerve-rattling sounds even in their own homes; trash which can be easily dealt with if enough sturdy trash receptacles are provided for each event; using the lake and landscaping as a bathroom which can be easily dealt with by requiring (providing) sufficient port-a-potties at the event; and alcohol and drug sales which should not be permitted in any park in our city under any circumstances. And signs for available parking should be required to eliminate the danger of blocking emergency access.
But I repeat, without a willingness to enforce, Oakland will continue to play host to an increasingly unpleasant, increasingly uncontrollable, increasingly hostile environment.
The World Health Organization states noise pollution is the second most harmful pollution, second to air pollution. Noise pollution affects both health and behavior. It can damage physiological health & is associated with several health conditions including cardiovascular disorders, hypertension, hearing loss, depression, anxiety, cognitive decline, & other harmful effects. Noise poses a serious threat to a child's health & may negatively interfere with a child's learning & behavior. Noise pollution is harmful to wildlife and pets. Oakland must incorporate into permits non-subjective and scientifically-based standards & guidelines around noise to protect public health & safety. Permits must include decibel level limits, standards around the placement of speakers, limitations on the hours, & specific limitations near residential areas taking into consideration the acoustical environment conditions.
The City issued a permit for a rave with 10,000 people on 9/25/21. A few blocks from Lake Merritt, large speakers were set up in a corridor of tall buildings facing the Lake creating the perfect sound tunnel to carry the noise directly to residents & could be heard & felt (rattling windows) as far away as Cleveland Heights. Neighbors' decibel level recordings far exceeded healthy limits. Also, there should be a process to notify communities of upcoming events that include amplified sound, utilizing neighborhood councils & groups' email lists & Next Door so residents can prepare.
I am in generally in support of amendments to Special Event regulations for many of the reasons stated in the 9/20/21 Status Report.
However, the report does not identify important public health and safety issues that need to be addressed:
For example:
There need to be decibel limits imposed on amplified and other sound events. The City needs to appoint a special subcommittee to receive expert technical advice from qualified sound/acoustic engineers. Events at and near Lake Merritt, for example, present unique acoustic challenges that require limits to protect public health.
There needs to be advance notice to residents and businesses for events with amplified music and extraordinary traffic/parking demands, and a process allowing them to request conditions to protect public health and safety.
There need to be coordination with OPD and the Fire Department regarding security arrangements. See eg Seattle regulations and requirement for a public safety plan. The 3 cities the Report cites as examples of special event regulations all require coordination and review by local police. Note Seattle, San Francisco and Austin all have park rangers who can assist in enforcing regulations in public spaces and parks. Oakland doesn't.
Other public health and safety issues such as food safety, trash and human waste should be addressed . Additionally, special events should be adequately funded by application/permit fees, and not draw on the General Fund.
Larry J Platt, Medical Director, USPHS (retd)
about 3 years ago
I recommend better defining the public health, safety and welfare issues raised by permitting and mngmnt of special events through adoption of specific, evidence-based factors to be considered for permits, and meaningful enforcement of those parameters. 3 major public health issues related to special events are amplified noise, sanitation, and trash.
Noise can cause sleep disturbance, cardiovascular disease, poor work + school performance, and hearing impairment. WHO guidelines recommend less than 30 Db for sleep, less than 35 dB in classrooms. To protect the health of participants and non-participants who may be affected by the event, a specific decibel limit should be established and enforced.
The hundreds of persons currently defecating in the Lake and on park grounds place the public in danger of such diseases as hepatitis A, cholera, shigellosis rabies and E coli infection. Specific guidelines related to the number of portable or other toilet facilities required based on the permitted number of attendees should be established and enforced.
Trash is more than unsightly; it attracts rodents and insects that are vectors for illness such as hantavirus, plague, and Lyme disease. Regulations need to be established and enforced regarding the capacity of waste receptacles commensurate with the permitted number of attendees.
Larry J Platt, MD, MPH, Fellow ACPM
Medical Director, United States Public Health Service (retired)
former Director of Public Health, State of Arizona
I support civilizianization of an events permitting process but changing which agency is responsible will NOT improve present conditions detrimental and dangerous to public health and safety resulting from unpermitted/uncontrolled events as presently occurring several times a week at Lake Merritt Boathouse, and elsewhere. Others have detailed the terrible noise, trash, arsons and human waste accompanying the events. I would add that high-speed, wrong-way, reckless driving of cars and motorcycles on Bellevue Avenue near and in the Park associated with Boathouse events is also a public health and safety issue. Such illegal driving is controllable (i.e., by retractable pavement spikes and/or a serious traffic violations ticketing programming for offenders - occasional passive OPD presence has failed to reduce illegal and dangerous driving. Most importantly, though proposed program changes offer hope of procedural improvement, they will fail if they remain unenforced and therefore easily ignored by event organizerrs who routinely disregard reasonable noise, litter, and alcohol/drug laws, and will ignore any unenforced advance notice, time and expense requirements. Those sponsors will NOT voluntarily comply as shown by their disregard for current failed procedures unless a "reformed" process is accompanied by serious law enforcement efforts with serious sanctions (i.e. financial penalties for first violations and misdemeanor convictions for subsequent intentional violations).
I am in favor of requiring permits for all park events that make noise, create trash, require port-a-potties, and potentially endanger residents. But the city must be willing to enforce the requirement of having permits (i.e. shut down un-permitted events) as well as the requirements listed in the permits. Otherwise the whole exercise is useless.
I agree that the issues needing to be included in event permits are: the decibel levels which are easily measured and which affect residents who cannot escape the nerve-rattling sounds even in their own homes; trash which can be easily dealt with if enough sturdy trash receptacles are provided for each event; using the lake and landscaping as a bathroom which can be easily dealt with by requiring (providing) sufficient port-a-potties at the event; and alcohol and drug sales which should not be permitted in any park in our city under any circumstances. And signs for available parking should be required to eliminate the danger of blocking emergency access.
But I repeat, without a willingness to enforce, Oakland will continue to play host to an increasingly unpleasant, increasingly uncontrollable, increasingly hostile environment.
The World Health Organization states noise pollution is the second most harmful pollution, second to air pollution. Noise pollution affects both health and behavior. It can damage physiological health & is associated with several health conditions including cardiovascular disorders, hypertension, hearing loss, depression, anxiety, cognitive decline, & other harmful effects. Noise poses a serious threat to a child's health & may negatively interfere with a child's learning & behavior. Noise pollution is harmful to wildlife and pets. Oakland must incorporate into permits non-subjective and scientifically-based standards & guidelines around noise to protect public health & safety. Permits must include decibel level limits, standards around the placement of speakers, limitations on the hours, & specific limitations near residential areas taking into consideration the acoustical environment conditions.
The City issued a permit for a rave with 10,000 people on 9/25/21. A few blocks from Lake Merritt, large speakers were set up in a corridor of tall buildings facing the Lake creating the perfect sound tunnel to carry the noise directly to residents & could be heard & felt (rattling windows) as far away as Cleveland Heights. Neighbors' decibel level recordings far exceeded healthy limits. Also, there should be a process to notify communities of upcoming events that include amplified sound, utilizing neighborhood councils & groups' email lists & Next Door so residents can prepare.
I am in generally in support of amendments to Special Event regulations for many of the reasons stated in the 9/20/21 Status Report.
However, the report does not identify important public health and safety issues that need to be addressed:
For example:
There need to be decibel limits imposed on amplified and other sound events. The City needs to appoint a special subcommittee to receive expert technical advice from qualified sound/acoustic engineers. Events at and near Lake Merritt, for example, present unique acoustic challenges that require limits to protect public health.
There needs to be advance notice to residents and businesses for events with amplified music and extraordinary traffic/parking demands, and a process allowing them to request conditions to protect public health and safety.
There need to be coordination with OPD and the Fire Department regarding security arrangements. See eg Seattle regulations and requirement for a public safety plan. The 3 cities the Report cites as examples of special event regulations all require coordination and review by local police. Note Seattle, San Francisco and Austin all have park rangers who can assist in enforcing regulations in public spaces and parks. Oakland doesn't.
Other public health and safety issues such as food safety, trash and human waste should be addressed . Additionally, special events should be adequately funded by application/permit fees, and not draw on the General Fund.
I recommend better defining the public health, safety and welfare issues raised by permitting and mngmnt of special events through adoption of specific, evidence-based factors to be considered for permits, and meaningful enforcement of those parameters. 3 major public health issues related to special events are amplified noise, sanitation, and trash.
Noise can cause sleep disturbance, cardiovascular disease, poor work + school performance, and hearing impairment. WHO guidelines recommend less than 30 Db for sleep, less than 35 dB in classrooms. To protect the health of participants and non-participants who may be affected by the event, a specific decibel limit should be established and enforced.
The hundreds of persons currently defecating in the Lake and on park grounds place the public in danger of such diseases as hepatitis A, cholera, shigellosis rabies and E coli infection. Specific guidelines related to the number of portable or other toilet facilities required based on the permitted number of attendees should be established and enforced.
Trash is more than unsightly; it attracts rodents and insects that are vectors for illness such as hantavirus, plague, and Lyme disease. Regulations need to be established and enforced regarding the capacity of waste receptacles commensurate with the permitted number of attendees.
Larry J Platt, MD, MPH, Fellow ACPM
Medical Director, United States Public Health Service (retired)
former Director of Public Health, State of Arizona