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HomeMy WebLinkAboutReso 1996-18445 RESOLUTION NO. 18445 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" TO "G" STREETS FOR THE THIRD AVENUE FESTIVAL ON OCTOBER 6, 1996, WAIVING SIDEWALK SALES ORDINANCE, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN EVENT WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 19671 which created the Downtown Business Association; and WHEREAS, the Downtown Business Association has requested to close Third Avenue from "E" to "G" Streets including adjacent side streets to the alleyway in order to conduct the 1996 Third Avenue Festival on October 6, 1996; and WHEREAS, the Downtown Business Association has requested a waiver of the City's Sidewalk Sales Ordinance so that the Downtown Business Association can conduct the 1996 Third Avenue Festival; and WHEREAS, the Downtown Business Association has also requested a waiver of the Business License Tax for promotional events for the Downtown Business Association and vendors participating in the 1996 Third Avenue Festival. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby find, order, determine and resolve that the City Council of the City of Chula Vista approves the closure of Third Avenue from "E" to "G" Streets on October 6, 1996 for the purpose of the Downtown Business Association conducting the 1996 Third Avenue Festival subject to the conditions listed in Exhibit A, attached hereto as though fully contained herein. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the City's Sidewalk Sales Ordinance so that the Downtown Business Association can conduct the 1996 Third Avenue Festival on October 6, 1996. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the City's Business License Tax for the Downtown Business Association and all vendors taking part in the 1996 Third Avenue Festival on October 6, 1996. Presented by Approved as to form Resolution 18445 Page 2 EXHIBIT A CONDITIONS OF APPROVAL Closure of Third Avenue From E to G Streets on October 6, 1996 By the Downtown Business Association 1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's Traffic Engineer and Police Department. The cost will be shared by the DBA and the City (approved by Council 5/7/95); 2. The DBA shall provide adequate litter control during and after the event, including professional street sweeping. Expenses for this service will be paid by the DBA; 3. The DBA shall notify all property owners and tenants (including businesses and residents) that will be affected by the street closure. The notification must be done seven days prior to the event date; 4. The DBA will be responsible for taking measures to insure that the noise generated by the event's activities does not reach an excessive level; the DBA will undertake the following measures in order to implement this condition: A) DBA shall continually monitor noise levels of performing bands, stereos, and other sound-emitting devices and will make adjustments as needed. B A plan showing the location of the performing stages will be submitted for Community Development staff review and approval prior to the event. C) All band performances shall be limited to the hours of 10 a.m. to 5 p.m. D) The DBA shall incorporate these rules into the contracts with all event participants and make sure that they abide by them. 5. In order to meet the requirements of the Fire Marshal, the alleyways between "E" Street and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus access in the event of an emergency. The Fire Marshal has required that all food-cooking vendors have a 2A 10BC-type Fire Extinguisher readily available in their booths; 6. In order to meet the requirements of the Fire Marshal and the Transit Division, "E" and "G" Streets must remain open to traffic; 7. The Downtown Business Association must provide, 10 days prior to the Festival, evidence of general liability insurance in the amount of ~1 million, in the form of a certificate of insurance and policy endorsement satisfactory to the City, naming the City of Chula Vista as additional insured; and 8. The Downtown Business Association must execute an agreement to hold the City harmless from any liability stemming from Festival activities in the street. Resolution 18445 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 1st day of October, 1996, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~;hirley Horton, Mayor ATTEST: Beverly ~,. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, Calfiornia, do hereby certify that the foregoing Resolution No. 18445 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1 st day of October, 1996. Executed this 1 st day of October, 1996 Beverly A/Authelet, City Clerk