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Home My WebLink About2006/10/17 Item 7 COUNCIL AGENDA STATEMENT vi Item No l Meeting Date 10/17/2006 ITEM TITLE: RESOLUTION APPROVING REQUEST FROM THE CHULA VISTA HIGH SCHOOL BAND AND PAGEANTRY CORP AND THE CHULA VISTA SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE 11TH ANNUAL BAND REVIEW AND AUTHORIZING TEMPORARY STREET CLOSURES AND WAIVING CITY FEES FOR POLICE SERVICES. SUBMITTED BY: Chief of POliceGt.uJ "<>..j2.f'6 City Manager f REVIEWED BY: (4/5ths Vote: Yes_ No 2L) The Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula Vista School for the Creative and Performing Arts, is requesting permission to conduct an organized band review on Saturday, November 11, 2006. RECOMMENDATION: That Council adopts the resolution approving the waiver of City fees for police services and authorizing temporary street closures for the organized band review subject to staff conditions. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: Chula Vista High School Band and Pageantry Corps, and the Chula Vista School for the Creative and Performing Arts, (band review sponsor) is requesting permission to conduct their 11 th Annual Band Review parade on Saturday, November 11, 2006. The parade will consist of approximately thirty marching bands and marching groups and over 1,500 participants competing against one another for top honors and awards. The participating groups in the parade will stage on the east side of Sear's, 500 "I" Street. The proposed parade route will take place going west on "I" Street to Broadway, south on Broadway to "K" Street, and east on "K" Street to the Chula Vista High School football stadium. 7-1 The parade is scheduled to take place between 8:00 AM and 11 :00 AM. The street closures would be in effect from approximately 7:30 AM to 11 :30 AM to allow for the dispersion of parade participants. The Police Department will monitor the progress of the parade, and will close and subsequently reopen streets and intersections as quickly .as possible. The sponsor will also provide teaching staff to accompany each band tO'monitor the progress of the parade. A diagram of the parade route is attached (Attachment A). The street closures will have an impact on City bus service in the area. Transit has agreed to cancel and re-route bus service in the area during the parade, and erect signs of the interruption of service. Staff approval is recommended subject to the following conditions: 1. Prior to the event, Chula Vista High School (Chula Vista School for the Creative and Performing Arts - parade sponsor) shall provide evidence, acceptable to the City, of commercial general liability insurance in the amount of $5 million in the form of a Certificate of Insurance and Policy Endorsement naming the City of Chula Vista as additional insured (Attachment B). 2. Adequate police coverage at the event as determined by the Police Department through coordination with the Department's Special Events Coordinator. The parade route will be marshaled by Police and Police Department volunteers. 3. Adequate traffic control equipment and devices as determined by the Police Department. The sponsor will be responsible for renting or purchasing the equipment and delivering and removing it from designated locations. 4. Posting and removal of "No-Parking" signs along the parade route. 5. Removal of adequate portable toilets and trash receptacles at the parade staging area and at Chula Vista High School. 6. Provide a letter acceptable to the City Attorney from the sponsors in which they agree: a. Not to sue the City, its agents and employees from any act arising from the Band Review; or b. To defend, indemnify, release, protect and hold harmless, the City, its agents and employees from any and all liability arising from the Band Review, excluding only that liability which may arise from the sole negligence or sole willful conduct of the City. The Chula Vista High School Marching Band and Pageantry Corps has also made a formal request to the Mayor and Council asking that fees associated with police 7-2 services for this year's Annual Band Review be waived (Attachment C). In calculating fees for police service, staff estimates it will cost approximately $20,904. The cost was calculated based upon police services from 6:30 AM until 11 :30 AM. The cost includes the use of Department volunteers (Senior Volunteers, Police Explorers, etc) to offset further staffing needs. The Annual Band Review is expected to draw 30 participating bands and pageantry groups from the San Diego Region, as well as portions of Southern California. As in the past, the Band Review provides a positive image and venue for the youth in our community. DECISION MAKER CONFLICT: Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT: Staff estimates it will cost $20,904 to provide Police coverage at the event (calculated at Full Cost Recovery). These costs will be absorbed in the Police Department budget, therefore no additional appropriations are required. 7-3 ATTACHMENT "A" r ~I<(") :I:-Ci5I OCl-lC ~J:>): '"'" 0" " ~ -:!,: a" -fC i> ~ ~ enc ~O zGl o~ . ~~ n 0" i" ~ C" 31~ "'= '" " " " , -. 0. ) !!!." ) )> S,UAAJ8if'J l < l CD s6nJO :::l I c:: I CD (f) UO-ABS ~ m l. III ! OJ Ul 0 . (') m i D) :J C/)J: ::r iii t ~ CD O:tc: (") :J Q. ,.- " mOr- AUU8d I .!.... (!l I <n :::l OJ SJB8S Z"'tI)> l r C/) c -1"'t1< :X i" '" -. 6i m mZ- ~ :::l '" m ;;oG)~ CD 0- " lii )> c: ~ ::T "0 m ~ ~ :J: CD S,AOBif'J .., CD From 1.805 S-IWOJ~ C/) n+~ z Ii en ~ CD ::s ~;ti 3: ~ n ~'~\gcg ~ l:) .)>:] 0 < ""'l.-l (') .... \ m::: II) ),- 1\'''' " 'll 'j.l-< ~ ,2 ., 1-'= r~I" o enl> 1~8~~ ^1JG)::r ~~ I~ :>:Jz; I Hiz c "Gl S; ;d~ cz 00 6jo ..l> :>:J en " " 0. "'O:i' ~ 0 IU fJl =- ~2;;:;;? f1.~;1- ~ ~:i" i::col.C ~_o ,,"00 " "- (i1 9- - " o 7-4 00'):> 8-~; -"" en a.g ;rJ~~ m a. <' m- -. ~"" :'3lC " '" 9:0'Q.:T .. (i:4.aroOJ o ::T-C 0" c ~8-c Q) (I) g3~a~ ~ S" 0 ~ Cii lQ ~~ ll) (a ~"'- Q.crfU emf? ~ " ~ 5' " Q;1afi~~; @3~iii~= g:t~(J)gJg' Cll . -0 ~""'::l _cnll)o~a. fir 3:~. s:~ CD ::l ::I CD 0- ;::lOlO a5i mr ::.-<D ll) ~ c:_1/'I ~ iil CIleC"l ....~- :>:J"O ~ ~~. .... Gl " . ~ 0' o ~ " " sa. ^" " 0. o OJ ,,- 0.... ..."" ~" " l>- ~ ~ " " " :>:J " - . Gl I .... I n < m =a .. C) m Z m ~ r- m < m z -I == :I> ." I ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDONY'YY) I 06/19/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION John Burnham SO 1612 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 750 B Street, Suite 2400 HOLDER. THIS'CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego, CA 92101-2476 - 800421-6744 INSURERS AFFORDING COVERAGE A !....l ,T NAIC# INSURED INSURER A: Everest National/AmWIN T'I' 10120 San Diego County Schools/JPA INSURER 8: Issued AmWIN permission Sweetwater Union H.S. District INSURER C 1130 Fifth Avenue INSURER D: . Chula Vista, CA 91911 INSURER E Client#. 2524 llTTAOJIIGl]ff "R" SWEETWUNI COVERAGES THE POUCIES OF INSURANCE LISTED BB..OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .~ TYPE OF INSURANCE POUCY NUMBER PJ',6,~~ri~~5g~~\E Pg~w (~tiJ;~,MN UMIT$ LT. NS. A ~NER,6,L UABJUTY 71P2000015061 07/01106 07/01/07 EACH OCCURRENCE '5 000 000 X COMMERCIAL GENERAL LIABILITY ~~~~~~9F~E,,~;,~~ . I ClAIMS MADE [K] OCCUR MED EXP (Anyone perron) . ~ $250,000 S.I.R. PERSONAL & ,6,DV INJURY . - GENERAL AGGREGATE .8 000 000 ~.~ AGG~l~~E:LlM[T AP~t PER PRODUCTS COMP/OP AGG .8 000 000 POLICY ~f'8T LOC A ~OMOBILE L1ABILlTY 71 P200001 S061 07/01/06 07/01107 COMBINED SINGLE LIMIT 2L, ANY AUTO (Eaac:c:ldef'll) '1,000,000 --" All OWNED AUTOS BODILY INJURY {Perpe~on) $ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY -"- $ ~ NON-DWNED AUTOS (PeraC:C:ldentl ~ $250,000 S.I.R. PROPERTY DAMAGE (Perac:c:ident) $ =iAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN EA ACe $ AUTO ONLY: AGG $ ~E5SIUMBRELLA UABIUTY EACH OCCURRENCE $ OCC~R D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION . $ WORKERS COMPENSATION AND I. WC STATU- I IOJ~- EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? E.L. DISEASE EA EMPLOYE $ Ifyes.desc:ribeunder E.L DISEASE POLICY LIMIT $ SPECIAL PROVISIONS below OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Use of premises. City of Chula Vista, its elected officials, employees and volunteers are additional insured (generalliabilily policy) per the attached form. CERTIFICATE HOLDER CANCELLA nON City of Chula Vista Attn: Janice Yee Galleher 276 Fourth Avenue Chula Vis la, CA 91910 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE lSSUING INSURER WIll. ENDEAVOR TO MAIL ----9..0..- DAYS WRITTEN NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 so SHAll IMPOSE NO OBLIGATION OR LIABIU1Y OF ANY KIND UPON THE INSURfR, ITS AGE~OR REPRESENTATIVES. AUTHORiZED REPRESENTATIVE 7 ~.~ ACORD 25 (2001108) 1 of 2 #M332896 KABRI OJ ACORD CORPORATION 198 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu' of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate hoider in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does fiat constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 2 #M332B96 EUM 20 505 05 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- INSURED CONTRACT This endorsement modifies insurance provided under the following: PUBLIC ENTITIES EXCESS LIABILITY 1. The following is added to SECTION II. WHO IS AN INSURED: However, this insurance under this endorsement does not apply to: Any person(s}, entity(ies), or organization(s) to whom the Named Insured is obligated by virtue of an "insured contract' to provide insurance solely with respect to "bodily injury" and "property damage" and arising out of: i. Any "occurrence" which takes piace prior to or after you cease to occupy the premise as stated in the "insured conlracf. a. Premises leased, used or occupied by you; ii. Any structural alteration, new construction or demolition operations performed by or on behalf of the additional insured. b. "Automobiles' leased or rented by you; iii. Any "wrongful act', "employment practices wrongful act" or any "employee benefit wrongful act'. e. Property owners and property managers of property owned, leased, rented or occupied by you. 2. The Limits of Insurance afforded under this endorsement will be limited to the Limits of Insurance required within the terms of the "insured contracf or the Limits of Insurance of this Policy, whichever is less, and will apply in excess of any "underlying insurance' or your "retained limit" shown in the Declarations. We will not be obligated for limits of insurance shown in the "insured contract" that are greater than the limits of Insurance of this Policy. c. Equipment owned, leased, rented, maintained or used by you: d. Mortgagees of a Named Insured; or Re: Sweetwater Union Him School District Use of oremises 7/1/06-07 City of Chula Vista.. its ejected officials. officers. emolovees and volunteers are additional insured per this form. EUM 20 505 05 06 Includes copyrighted material of ISO Properties, Inc., 2004 with its permission. Page 1 of 1 7-7 ATTACHMENT "c" ~,s..~..:.., : .., r. . " ;::".:l.. CHULA VISTA SCHOOL FOR THE CREATIVE AND PERFORMING ARTS ~.,s..~:.. . , '., ~.. . RON BOLLES - FACILITATOR OFFICE: (619) 691-5775 FAX: (619) 427-5824 E~mail: directoron@vahoa com 820 FOURTH AVENUE CHULA VISTA, CA. 91911 City of Chula Vista 276 Fourth Ave. Chula Vista, Ca 91910 Attn: Jim Thomson City Manager The Chula vista Band Review is being held on Saturday, November 11, 2006. The parade runs down Broadway Ave. from "I" Street to "K" Street (see attached map). This event will be run as it has been for the last 6 years. As in the past your office has been very helpful with the smooth operation and success of our event. We sincerely appreciate what you do for us. We are requesting the police services and street barricades fees to be waived as in the past. We sincerely appreciate the City of Chula Vista's help with all the preparations for our Chula Vista Band Review. Sincerely, '3r~/ 4/j Kanstul Band Director (619)427-7860 D. A NATIONAL GRAMMY SIGNATURE SCHOOL 2000, 2001 A CALIFORNIA STATE GOLDEN BELL AWARD WINNER 1983, 1989, 2001 A SAN DIEGO COUNTY BEST PRACTICES IN EDUCATION AWARD FECIPIENT 2000 . 7-8 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING REQUEST FROM THE CHULA VISTA HIGH SCHOOL BAND AND PAGEANTRY CORP AND THE CHULA VISTA SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE 11TH,ANNUAL BAND REVIEW AND AUTHORIZING TEMPORARY STREET CLOSURES AND WAIVING CITY FEES FOR POLICE SERVICES. WHEREAS, the Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula Vista High School (Chula Vista School for the Creative and Performing Arts - parade sponsor), is requesting permission to conduct an organized band review on Saturday, November 11, 2006; and WHEREAS, the proposed parade route will take place going west on "I" Street to Broadway, south on Broadway to "K" Street, and east on "K" Street to the Chula Vista High School football stadium. The parade is scheduled to take place between 8:00 AM and 11 :00 AM. The street closures would be in effect from approximately 7:30 AM to 11 :30 AM to allow for the dispersion of parade participants; and WHEREAS, Chula Vista High School (Chula Vista School for the Creative and Performing Arts - parade sponsor) will provide evidence of insurance in the form of a Certificate of Insurance and policy endorsement, acceptable to the City, in the amount of $5 million dollars naming the City of Chula Vista as additional insured, and their insurance company as primary; and WHEREAS, the Chula Vista High School (Chula Vista School for the Creative and Performing Arts - parade sponsor) will provide adequate traffic control equipment and "no parking" signs as specified by the Chula Vista Police Department; and WHEREAS, the Chula Vista High School (Chula Vista School for the Creative and Performing Arts - parade sponsor) will provide adequate police coverage at the event as determined by the Chula Vista Police Department; and WHEREAS, all City-owned property will be returned to pre-use condition; and WHEREAS, a letter of acceptance shall be provided to the City Attorney from Chula Vista High School (Chula Vista School for the Creative and Performing Arts - parade sponsor) in which Chula Vista High School (Chula Vista School for the Creative and Performing Arts - parade sponsor) agrees to not sue the City, its agents and employees for any act arising from the 11th Annual Band Review; and to defend, indemnify, release, protect and hold harmless, the City, its agents and employees from any and all liability arising 7-9 from the 11th Annual Band Review, excluding only that liability which may arise from the sole negligence or sole willful conduct of the City; and WHEREAS, the event organizers are requesting that the fees for police services and transit services be waived. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the request from Chula Vista High School (Chula Vista School for the Creative and Performing Arts - parade sponsor) to conduct the 11th Annual Band Review on Saturday, November 11th, 2006, temporarily closing streets along the parade route subject to staff conditions, and waiving associated fees for police service. Presented by Approved as to form by Richard P. Emerson Chief of Police # 7-10