HomeMy WebLinkAbout2006/08/08 Item 3
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CITY COUNCIL AGENDA STATEMENT
ITEM NO.:
MEETING DATE:
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8/8/06
ITEM TITLE:
RESOLUTION APPROVING TEMPORARY CLOSURE OF EAST PALOMAR
FROM SANTA RITA TO SANTA ANDREA FOR THE ]TH ANNUAL OTAY
RANCH DAY FROM 10:00 A.M. TO S:OO P.M. ON SEPTEMBER 16,
2006 AS REQUESTED BY THE OTAY RANCH COMPANY,
APPROPRIATING FUNDS THEREFORE BASED UPON UNANTICIPATED
REVENUES, AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT WITH OTAY RANCH.
SUBMITTED BY:
REVIEWED BY:
NICATIONS
CITY MANAGER 1
4/5THS VOTE: YES ~ NO D
The Otay Ranch Company is requesting permission for a temporary street closure on East
Palomar from Santa Rita to Santa Andrea for the 7th Annual Otay Ranch Day from 10:00 a.m. to
5:00 p.m. on Saturday, September 16.
RECOMMENDATION
That Council adopts the resolution approving and authorizing a temporary closure of East
Palomar from Santa Rita to Santa Andrea subject to staff conditions and appropriating $1,381 to
the FY 07 Police Department Personnel Services budget based upon unanticipated revenues, and
authorizing the Mayor to execute the agreement with Otay Ranch.
BOARDS/COMMISSIONS RECOMMENDATIONS
Not Applicable
DISCUSSION
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PAGE 2, ITEM NO.:
MEETING DATE:
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8/8/06
The Otay Ranch Company is sponsoring the 7th Annual Otay Ranch Day on Saturday, September
16,2006. They are requesting a temporary street closure of East Palomar from Santa Rita to Santa
Andrea to stage the event in the village core of Heritage Town Center. The street would be closed
from 10:00 am. - 5:00 p.m. The westbound lane will be used to diagonally park 50-60 classic cars
as part of a classic car show. Monarche Drive will remain open to traffic in both directions at all
times allowing residents access to all neighborhoods. (see Attachment A).
The event will consist of a classic car show, 30- 40 craft booths, live entertainment, food service
from a catering company and activities for children. There is anticipated to be 800 people in
attendance throughout the duration of the event. The event sponsor has agreed to pay Chula Vista
Peace Officers to monitor crowd control and traffic flow. The Police Department estimates that it
will need two officers (on an overtime basis) for 10 hours to monitor crowd control and traffic flow
The cost to provide this service is estimated to be $1,381. Tills estimate is based upon full cost
recovery for both of the Peace Officers.
Many residents will be able to walk to the event, but the Otay Ranch Company has gained
pennission from Sharp Rees-Stea1y to utilize their parking lot for the day.
The street closure 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 event Transit has also agreed to erect signs advising
patrons of the interrupted service.
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the project qualifies for a
Class 4 categorical exemption pursuant to Section 15304(e) of the State CEQA Guidelines.
Thus, no further environmental review is necessary.
Staff approval is recommended subject to the following conditions:
1. The event sponsor shall provide evidence, acceptable to the City, of commercial general
liability insurance in the amount of $2 million in the form of a Certificate of Insurance
and Policy Endorsement naming the City of Chula Vista as additional insured.
2. The event sponsor shall sign a hold harmless agreement in which they agree:
a Not to sue the City, its agents and employees from any act arising from Otay Ranch
Day; or
b. To defend, indemnify, release, protect and hold harmless, the City, is agents and
employees from any and all liability arising from Otay Ranch Day, excluding only
that liability which may arise from the sole negligence or sole willful conduct of the
City. (Attachment B)
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PAGE 3, ITEM NO.:
MEETING DATE:
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8/8/06
DECISION MAKER CONFLICTS
Staffhave reviewed the property holdings of the City Council and has found no such holdings
within 500' of the property that is subject of this action.
FISCAL IMPACT
There is no fiscal impact to the City. The event sponsor will be responsible for all event costs.
The Police Department estimates that the total costs to provide two Peace Officers to provide
police services to be $1,381. The Police Department requests appropriating these funds to the FY
07 Police Department Personnel Services to offset the unanticipated expenditure based upon
unanticipated revenues. Any services provided by the City before, during or after the event will
be fully reimbursed by the sponsor.
ATTACHMENTS
. "A" - Detailed Site Plan
· "B" - Group/Organization Waiver and Release of Liability
. "C" - Agreement with Otay Ranch
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JUN, 9 2006 5 15PM
NO, 862
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GROUP/ORGANIZA TION
WAIVER AND RELEASE OF LIABILITY
ORGANIZATION/GROUP NAME: ~ ~ /2bJcb..,. (!tJ.
evENT NAME: ~ e,wc.H 'D1"+f
EVENT DATE: ~~e:DPn(.' ~~ I~. ;t..OO(P.
ON BEHALF O~ THE ABOVE ORGANIZATlONIGROUP, I expressly WAIVE, RELEASE and DISCHARGE the City of
Chula Vista, ils officers, agents, and employees or any other pereon from any and all LIABILITY for any death, disability,
personal injuIY, property damage, property thell or actions, Including any alleged or actual negligent act or omissions,
regardless of whether such act cr omission Is active or passive which may accrue to myself or members of my ,
organization/group or our heirs in connection with our participation in the above-described event I fully understand and
acknowledge that the CITY OF CHULA VISTA is relying on my representation that I have authorization to sign this
document and that I will provide all msmbers of my group a completed copy of this Waiver prior to our particlpaticn,
I expressly INDEMNIFY AND HOLD HARMLBSS the City of Chula Vista, Its elected and appointed officers, agents and
employees from any and all liabilities or claims made by me or my organization/group, my/our heirs and any other
Individuals or entities as a result of any of my/our actions In connection with my/our participation In this event except for
those claims arising from the sole nagligence or sole willful conduct of the City, ~s officers, employees, volunteers or other
representatives, Such Indemnification includes lIabilily settlements, damage awards, cosls and attorney fees associated
with any such claims,
I horeby certify that I have read this document. understand Its conlen~ and am authorized 10 sign this documenl on behalf
of all members of the group I represent.
DATE: (p. f'J.- -O(p
Jlt~ tJ/-NS Co.
SIGNATURE -'Dr '. ~ ... ./
NAME: eAt{. (....(2.'" _ AI2...,'
(Pi.... PrlnU
TITLE: 'PI e~ ep 1V/~"1'7"'G
ADDRESS: (PIt) p.i. AsH .s~ #;qj()
SIW 7J/IC6D) (A. 92101
Retum completed Special Evant Application form, pllia any additIonal at1achments & Information to;
City Of Chula Vista. Office of Communications . 276 Fourth Avenue, Chula Vista CA 81810 . Tel: 618-681-5296 Fax: 618-408-5446
Form. muil b. lubmltl&d .t ,...t 40 cloys prior to ...nl start date, InCDl1lple/& form. will not b. procnsod,
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TIORNEY' S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
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Ann Moore
City Attorney
Dated. g / ~ 11 4
Approving an Agreeme~t with Otay Ranch Company
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AGREEMENT
Between the CITYOF CHULA VISTA, a California municipal corporation and
OT A Y RANCH, LP for
OTAY RANCH DAY
Recitals
A. The Otay Ranch plans to stage Otay Ranch Day on September 16, 2006.
B The Otay Ranch wishes to close a portion of East Palomar from Santa Rita to
Santa Andrea from 10:00 a.m to 5'00 p.rn. for this special event.
Agreement
1. The Otay Ranch's Duties
Otay Ranch shall perform each of the duties described attached to this Agreement
and incorporated into this Agreement by this reference.
2. Duties of the City
City Communications Staff (Staff) shall work closely with Otay Ranch to
facilitate the permitting and communicate staging logistics of the special event.
3 Term
This Agreement is effective upon the execution of the Mayor and expires on
September 17, 2006.
4 Termination of Agreement
If Otay Ranch fails to fulfill, in a timely and proper manner, any of the Otay
Ranch's obligations or duties under this Agreement, or if the Otay Ranch, violates any of
the covenants, agreements or stipulations of this Agreement, City has the right to
terminate this Agreement by giving at least five (5) days written notice to the Otay Ranch
of the termination before the effective date of the termination.
5 Assignability
Otay Ranch shall not assign or transfer any interest in this Agreement without
prior written consent of City
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6. Independent Contractor
Otay Ranch and any of the Otay Ranch's agents, employees or representatives
are, for all purposes under this Agreement, independent contractors and shall not be
deemed to be employees of City, and none of them shall be entitled to any benefits to
which City employees are entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other leave benefits.
7 Insurance
Otay Ranch represents that it and its staff and agents employed by it in
connection with Otay Ranch Day are protected against the risk of loss by the insurance
coverage outlined in Attachment C including naming the City, it officials, officers,
agents, employees and volunteer as additional insured.
8. Hold Harmless
Otay Ranch agrees to defend, indemnify and hold harmless the City, its elected
and appointed officials, officers, agents and employees pursuant to the
Group/Organization Waiver and Release of Liability executed by Otay Ranch's Director
of Marketing.
9 Notices
All notices to be given pursuant to this Agreement must be in writing. All notices
to be sent to any party shall be deemed to have been properly given or served if
personally served or deposited in the United States mail, addressed to such party, postage
prepaid, registered or certified, with return receipt requested, at the addresses identified in
this Agreement as the places of business for each of the parties.
10. Entire Agreement/Amendments
This Agreement, together with Attachment C, the Group/Organization Waiver
and Release of Liability, and any other written document referred to or contemplated in
this Agreement embody the entire Agreement and understanding between the parties.
Neither this Agreement nor any attachment or provision may be amended or modified
except in writing executed by each party to the Agreement.
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11. Capacity of Parties
Each signatory and party to this Agreement warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
Executed this _ day of
,2006 in the City ofChula Vista, California.
Otay Ranch, LP
CITY OF CHULA VISTA
By"
By"
Steve Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form by'
Ann Moore, City Attorney
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RESOLUTION NO 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TEMORARY CLOSURE OF EAST
PALOMAR FROM SANTAIDTATO SANTA ANDREA FOR THE
7TH ANNUAL OTA Y RANCH DAY FROM NOON TO 4.30 P.M.
ON SEPTEMBER 16, 2006 AS REQUESTED BY THE OTAY
RANCH COMPANY, APPROVING AN AGREEMENT
BETWEEN THE CITY AND OTAY RANCH COMPANY, AND
AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
WHEREAS, the Otay Ranch Company will be conducting Otay Ranch Day on Saturday,
September 16, 2006, and
WHEREAS, the Otay Ranch Company has requested to close E. Palomar from Santa Rita to
Santa Andrea in order to conduct the 7th Annual Otay Ranch Day from noon to 4.30 p.m. on
Saturday, September 16, and
WHEREAS, the City of Chula Vista and the Otay Ranch Company have entered into an
agreement which includes provisions that the Otay Ranch Company will provide evidence of
insurance acceptable to the City, execute a hold harmless agreement, and outlines other duties of
the Otay Ranch Company in connection with Otay Ranch Day;
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 4 categorical exemption pursuant to Section l5304( e) of the state CEQA
Guidelines. Thus, no further environmental review is necessary;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the CityofChula Vista
approves the temporary closure of East Palomar from Santa Rita to San Andrea for the 7th Annual
Otay Ranch Day from noon to 4.30 p.m. on September 16, 2006.
BE IT FURTHER RESOLVED that the City Council ofthe City ofChula Vista approves the
Agreement between the City ofChula Vista and the Otay Ranch Company, a copy of which shall be
kept on file in the office of the City Clerk, and authorizes the Mayor to sign the Agreement for and
on behalf of the City of Chula Vista.
Presented by
Approved as to form by
(~~
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Director of Communications
J~, . r-.) (It/.-t ~
Ann Moore
City Attorney
RESOLUTION NO. 2006-
~~
.AA;e4d M t1I1 ~3~~
~tvM~t:h
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TEMORARY CLOSURE OF EAST
PALOMAR FROM SANTA RITA TO SANTA ANDREA FOR THE
7111 ANNUAL OT A Y RANCH DAY FROM 10:00 A.M. TO 5:00
P.M. ON SEPTEMBER 16,2006 AS REQUESTED BY THE OTA Y
RANCH COMPANY, APPROPRIATING FUNDS BASED UPON
UNANTICIPATED REVENUE, APPROVING AN AGREEMENT
BETWEEN THE CITY AND OTAY RANCH COMPANYAND
AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
WHEREAS, the Otay Ranch Company will be conducting Otay Ranch Day on Saturday,
S~mberI6,2006;and
WHEREAS, the Otay Ranch Com~any has requested to close E. Palomar from Santa Rita to
Santa Andrea in order to conduct the 7 Annual Otay Ranch Day from noon to 4:30 p.m. on
Saturday, September 16; and
WHEREAS, the City of Chula Vista and the Otay Ranch Company have entered into an
agreement which includes provisions that the Otay Ranch Company will provide evidence of
insurance acceptable to the City, execute a hold harmless agreement, and outlines other duties of
the Otay Ranch Company in connection with Otay Ranch Day;
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 4 categorical exemption pursuant to Section 15304( e) of the state CEQA
Guidelines. Thus, no further environmental review is necessary;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
approves the temporary closure of East Palomar from Santa Rita to San Andrea for the 7th Annual
Otay Ranch Day from noon to 4:30 p.m. on September 16,2006.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista appropriates
$1,381 to the Police Department FY 07 Personnel Services budget based upon unanticipated
revenues.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the
Agreement between the City ofChula Vista and the Otay Ranch Company, a copy of which shall be
kept on file in the office of the City Clerk, and authorizes the Mayor to sign the Agreement for and
on behalf of the City of Chula Vista.
Presented by
Approved as to form by
J-;/o
Liz 1
Dir ctor of Communications
J:lAttomeyIEUSAIRESOSIOtay Ranch Day Reso.dcc
.3~
~~
Ann Moore
City Attorney
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHVLA VISTA APPROVING TEMORARY CLOSURE OF EAST
PALOMAR FROM SANTA RITA TO SANTA ANDREA FOR THE
7TH ANNUAL OTA Y RANCH DAY FROM 10:00 A.M. TO 5:00
P.M. ON SEPTEMBER 16, 2006 AS REQUESTED BY THE OTA Y
RANCH COMPANY, APPROPRIATING FUNDS BASED UPON
UNANTIClP ATED REVENUE, APPROVING AN AGREEMENT
BETWEEN THE CITY AND OTAY RANCH COMPANYAND
AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT.
WHEREAS, the Otay Ranch Company will be conducting Otay Ranch Day on Saturday,
September 16,2006; and
WHEREAS, the Otay Ranch Company has requested to close E. Palomar from Santa Rita to
Santa Andrea in order to conduct the 7th Annual Otay Ranch Day from noon to 4:30 p.m. on
Saturday, September 16; and
WHEREAS, the City of Chula Vista and the Otay Ranch Company have entered into an
agreement which includes provisions that the Otay Ranch Company will provide evidence of
insurance acceptable to the City, execute a hold harmless agreement, and outlines other duties of
the Otay Ranch Company in connection with Otay Ranch Day;
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 4 categorical exemption pursuant to Section 15304( e) of the state CEQA
Guidelines. Thus, no further environmental review is necessary;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
approves the temporary closure of East Palomar from Santa Rita to San Andrea for the 7th Annual
Otay Ranch Day from noon to 4:30 p.rn. on September 16,2006.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista appropIiates
$1,381 to the Police Department FY 07 Personnel Services budget based upon unanticipated
revenues.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the
Agreement between the City of Chula Vista and the Otay Ranch Company, a copy of which shall be
kept on file in the office of the City Clerk, and authorizes the Mayor to sign the Agreement for and
on behalf of the City of Chula Vista.
Presented by
Approved as to form by
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~~J~
Ann Moore
City Attorney
J:lAttomeyIEUSAIRESOS\Otay Ranch Day Rosa.doc
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