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HomeMy WebLinkAboutReso 1994-17454RESOLUTION NO. 17454 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ALLOWING CLOSURE OF THIRD AVENUE FROM "E" TO "G" STREETS FOR THE THIRD AVENUE COUNTRY FESTIVAL ON MAY 1, 1994, WAIVING SIDEWALK SALES ORDINANCE, AND WAIVING BUSINESS LICENSE FEES FOR THE DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATION IN EVENT WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Downtown Business Association; and, WHEREAS, the Downtown Business Association has requested to close Third Avenue from "E" to "G" Streets in order to conduct the 1994 Country Festival on May 1,1994; 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 1994 Third Avenue Country Festival; and, WHEREAS, the Downtown Business Association has also requested a waiver of the Business License Fees for the Downtown Business Association and vendors taking part in the 1994 Third Avenue Country Festival. NOW, THEREFORE, 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 approve the closure of Third Avenue on May 1, 1994 for the purpose of the Downtown Business Association conducting the 1994 Third Avenue Country Festival subject to the conditions listed on Exhibit A. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the City's Sidewall< Sales Ordinance so that the Downtown Business Association can conduct 1994 Third Avenue Country Festival on May 1, 1994. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the City's Business License Fees for the Downtown Business Association and all vendors taldng part in the 1994 Country Fes~/fiival~ May 1, 19~ 94. Presented by ~~ a y Chris Sa~omone Bruce M. Boogaard Community Development Director City Attorney Resolution No. 17454 Page 2 EXHIBIT A Conditions of Approval for the Closure of Third Avenue on May I, 1994 by the Downtown Business Association (DBA). The DBA must provide for adequate traffic and crowd control, as determined by the Police Department. The cost will be paid for by the DBA. The DBA must also prepare and submit to the Traffic Engineer, two weeks in advance, a plan for managing traffic on the day of the event; The DBA must also provide for adequate litter control during and after the event including professional street sweeping. Expenses for this service will be paid by the DBA; The DBA must notify, within ten days of the event, property owners and tenants, including businesses and residents, that will be affected by the street closure; 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 do the following in order to implement this condition: a) DBA will continually monitor noise levels of performing bands, stereos, and other sound-emitting devices and will make adjustments as needed. b) The performing stages will be as far away as possible from the residential areas. c) All band performances will be limited to the hours of 10:00 a.m. to 5:00 p.m. d) All participants of the event will be informed by the DBA of these rules and their enforcement. In order to meet the requirements of the Fire Marshall, the alleyways between "E" and "G" Streets, east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus access in the event of an emergency; In order to meet the requirements of the Fire Marshall and the Transit Division, "E" and "G" Streets must remain open to traffic; The DBA must provide, 14 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, The DBA must execute an agreement to hold the City harmless from any liability stemming from Festival activities in the street. Resolution No. 17454 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of April, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverl~A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY QF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17454 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 12th day of April, 1994. Executed this 12th day of April, 1994. Beverly A/. Authelet, City Clerk