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HomeMy WebLinkAboutReso 2005-118 RESOLUTION NO. 2005-118 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM E STREET TO G STREET FOR THE CINCO DE MAYO CELEBRATION ON MAY 1,2005 FROM 4:00 A.M. TO 9:00 P.M.; WAIVING PROHIBITION ON SIDEWALK SALES; AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT WHEREAS, the City Council of the City of Chula Vista established a business improvement area on November 16, 1971, which created the Chula Vista Downtown Business Association ("DBA"); and WHEREAS, the DBA has requested to close Third Avenue from E to G Streets including adjacent side streets to the alleyway in order to conduct the Cinco de Mayo Celebration on May 1,2005 from 4:00 a.m. to 9:00 p.m.; and WHEREAS, the DBA has requested a waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2005 Cinco de Mayo celebrations; and WHEREAS, the DBA has also requested a waiver of the Business License Tax for promotional events for the DBA and vendors participating in the 2005 Cinco de Mayo celebrations; and WHEREAS, the DBA has agreed to comply with the "Conditions of Approval for Chula Vista Third Avenue Cinco De Mayo Celebration", a copy of which is attached to this resolution; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section I 5304(e) of the State CEQA Gilldelines. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the closure of Third Avenue from E Street to G Street from 4:00 a.m. to 9:00 p.m. on May I, 2005, for the purpose of the DBA conducting the 2005 Cinco de Mayo celebrations. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2005 Cinco de Mayo celebrations. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver ofthe City's Business License Tax for the Downtown Business Association and all vendors participating in the 2005 Cinco de Mayo celebrations on May 1,2005. Resolution 2005-118 Page 2 Presented by Approved as to form by '~'l"~ \{\\~\!\i Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 12th day of April, 2005, by the following vote: AYES: Councilmembers: Castaneda, Davis, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None &?LiL tephen C. P dilla, Mayor ATTEST: -:. --=-'u 1 4....t.- í ~) ~ ð Ã) Susan Bigelow, MMC, City Cl .J STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2005-118 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, 2005. Executed this 12th day of April, 2005. - ~-Lt..J /. . r I~~ ð o. ./ Susan Bigelow, MMC, City CierI? CONDITIONS OF APPROVAL FOR CHULA VISTA THIRD AVENUE CINCO DE MAYO CELEBRATION 1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's Traffic Engineer and Police Department. 2. The DBA shall provide adequate litter control during and after the event, including professional street sweeping. 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 sent by first class mail at least seven days prior to the event date. 4. The DBA will be responsible for 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 Office of Communications staff review and approval prior to the event. c. All band performances shall be limited to the hours of 10 a.m. and 6 p.m. 5. In order to meet the requirement 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 tire apparatus access in the event of an emergency. The Fire Marshal has required that all food-cooking vendors have a 2A 1 OBC-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 $5 million, in the form of a certificate of insurance and an additional endorsement page naming the City of Chula Vista, its officials, officers, agents, employees and volunteers as additional insured. The endorsement page must include name of the insured, policy number and policy period. 8. The Downtown Business Association must execute an agreement to hold the City harmless from any liability stemming from Festival activities in the street. 9. The Downtown Business Association shall obtain a temporary license from the ABC for the sale of beer and shall comply with all requirements set forth in the license and by the Chula Vista Police Department. ATTACHMENT A CONDITIONS OF APPROVAL - CINCO DE MAYO CELEBRATION 10. The location of the food and beverage tents shall be approved by the Police and Fire Department at least 30 days prior to the event. 11. Sales, service and consumption of alcoholic beverages shall be permitted in the areas designated on the ABC application diagram. Persons may not take alcoholic beverages from the designated area nor shall persons be allowed to bring alcoholic beverages into the designated area. 12. Applicant shall provide one (1) security person aleach public entrance and exit for each area noted in condition #11 and one (1) security person at each bar. Said security persons must wear distinctive apparel and be present in the area where consumption is taking place at all times that the license privileges are being exercised. 13. The security persons will prevent people from carrying alcoholic beverages outside the designated area as well as preventing people from bringing alcoholic beverages into the designated area as noted in condition 11. The security persons will verify the age of each person who wishes to purchase or consume alcoholic beverages. That person will be issued a distinctive wristband. No persons will be allowed to purchase or possess alcoholic beverages without a wristband. 14. Ncoholic beverages may only be sold in distinctive paper, plastic, or Styrofoam cups and no other containers may be used for the dispensing of alcoholic beverages. 15. All persons serving or dispensing alcoholic beverages must be at least 21 years of age. 16. No more than two (2) alcoholic beverage containers may be purchased by anyone person at anyone time. 17. Cup size for alcoholic beverages shall not exceed 16 ounces. 18. Signs must be posted indicating "No one under 21 years of age allowed" in the bar area. No signs are required at the food court. No persons under 21 years of age may be allowed in the bar area. The food court will be open to persons of all ages. If no food service is available inside the food court, it will be considered a bar area, and no persons under 21 years of age may be present. 19. A three foot tall fence must separate the bar area and food court from other public areas. - - - _.__.___.._____m__ ___,__._,__..