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HomeMy WebLinkAbout1994/07/26 Item 12 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: 1753'/ Resolution Allowing Closure of Third Avenue from "E" to "G" Streets for the Third Avenue Arts & Crafts Festival on August 14, 1994, Waiving Sidewalk Sales Ordinance, and Waiving Business License Fees for Downtown Business Association and Vendors Participating in Event Director of Community If\elopment t "S I City Manager~ .~~ (4/5ths Vote: Yes No _KJ Item / ~ Meeting Date 7/26/94 SUBMITTED BY: REVIEWED BY: BACKGROUND: The Chula Vista Downtown Business Association is requesting permission to close Third Avenue between "E" and "G" Streets in order to conduct the Third Avenue Arts & Crafts Festival on Sunday, August 14, 1994, from 5:00 a.m. to 8:00 p.m. This will be the fourth annual festival that the DBA successfully conducts in the Downtown Area. The festivities for this event will include live entertainment along with approximately 100 arts & crafts and food booths. RECOMMENDATION: That the City Council adopt a resolution which: 1. Allows the closure of Third Avenue from "E" to "G" Streets on August 14, 1994, subject to conditions listed in Exhibit A of the resolution; and 2. Waives the City's sidewalk sales ordinance; and 3. Waives business license fees for the DBA and vendors taking part in the event. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Downtown Business Association (DBA) is requesting the following: . The closure of Third Avenue on Sunday, August 14, 1994 from 5 a.m. to 8 p.m. (a formal letter of request is attached); and . A waiver of sidewalk sales ordinances; and . A waiver of business license fees for DBA and vendors taking part in the event. The closure of Third Avenue will affect the flow of traffic in the downtown area. Therefore, DBA will be required to contact the City's Traffic Engineer and prepare a traffic detour plan, to the Traffic Engineer's specifications. This plan shall be presented to the Engineer by July 29, 1994. The City's Transit System will also be affected. Staff spoke with the Transit Coordinator and he has agreed to the closure as long as "E" and "G" Streets remain passable for traffic. The DBA is aware of this stipulation and will abide by it. J~"'I Page 2, Item I;" Meeting Date 7/26/94 During the May 1993 festival, the DBA and the City received complaints from the area residents regarding the noise level created by some of the music activities. However, the activities of May 1994's festival did not create any problems because noise levels were constantly monitored by the DBA. Thus, no complaints were received by the DBA or the City. In order to continue to prevent noise levels from becoming excessive and creating discomfort to area residents, the DBA has agreed to take the responsibility of making sure that the level of noise does not become excessive. To accomplish this, the DBA will implement condition number 4 listed below. The DBA has requested that the business license fees be waived for the Festival. The fees involved are a fee of $250 assessed to the sponsoring organization (DBA) and a $5 fee for each participating vendor. In the past, the City has waived the business license fees for the DBA and vendors taking part in the one day event in order to encourage participation. The rational for waiving the fee is that the Festival is expected to attract many people to the downtown area which will promote the downtown businesses. The resulting effect will be the generation of additional commercial activity and increased sales tax revenue to the City. Waiving the business license fees will encourage vendor participation. Since having a large number of vendors will help insure the success of the 1994 Arts & Crafts Festival, staff recommends the waiver. It is recommended that the City Council approve the DBA's request subject to the following conditions: 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 paid for by the DBA. The DBA must prepare and submit to the Traffic Engineer, two weeks in advance of the street closure, a plan for managing traffic on the day of the event; 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 ten 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 City staff review and approval. C) All band performances shall be limited to the hours of 10 a.m. to 5 p.m. ):J....,).... Page 3, Item I)" Meeting Date 7/26/94 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 Marshall, 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 Marshall has required that all food-cooking vendors have a 2AIOBC-type Fire Extinguisher readily available in their booths; 6. In order to meet the requirements of the Fire Marshall and the Transit Division, "E" and "G" Streets must remain open to traffic; 7. The Downtown Business Association 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 8. The Downtown Business Association must execute an agreement to hold the City harmless from any liability stemming from Festival activities in the street. In the past the City Council has requested information regarding the impacts of special events on the area businesses. The impacts of the Third Avenue Country Festival on downtown businesses are anticipated to be positive. It will bring hundreds of people to the downtown to shop on that particular dav. It will also expose new visitors to the downtown businesses. and those visitors will Dotentially come back to shop. FISCAL IMPACT: The City will incur the administrative costs of processing this request. The DBA has requested that the business license fees be waived for the festival. The fees involved are a fee of $250 to the sponsoring organization (DBA) and a $5 fee for each participating vendor. By waiving these fees, the City will forego approximately $750 in fees. The DBA will pay for costs related to special police for traffic/crowd control, special personnel for trash control, street cleaning, sidewalk cleaning, and any additional costs or labor. [FILE:\MZT DISK VllI\A:\3RDA VCLO.A13] I.).' J / /~~i RESOLUTION /7.531 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ALLOWING CLOSURE OF THIRD A VENUE FROM "E" TO "G" STREETS FOR THE 1994 THIRD A VENUE ARTS & CRAFTS FESTIVAL ON AUGUST 14, 1994, WAIVING SIDEWALK SALES ORDINANCE, AND WAIVING BUSINESS LICENSE FEES FOR THE 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, 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 Third Avenue Arts & Crafts Festival on August 14, 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 Arts & Crafts 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 Arts & Crafts Festival. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order, detennine and resolve that the City Council of the City of Chula Vista approves the closure of Third Avenue from "E" to "G" Streets on August 14, 1994 for the purpose of the Downtown Business Association conducting the 1994 Third Avenue Arts & Crafts 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 1994 Third Avenue Arts & Crafts Festival on August 14, 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 D wntown Business Association and all vendors taking part in the 1994 Thir venue Arts rafts Festival on August 14, 1994. VED to Bruce M. Boogaard City Attorney RM B;Q PRESENTED BY: Chris Salomone Community Development Director J~-f /1,2-6 EXIDBIT A Conditions of Approval for the Closure of Third Avenue from "E" to "G" Streets on August 14, 1994 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 paid for by the DBA. The DBA must prepare and submit to the Traffic Engineer, two weeks in advance of the street closure, a plan for managing traffic on the day of the event; 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 ten 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) The performing stages shall be as far away as possible from the residential areas. C) All band performances shall be limited to the hours of 10 a.m. to 5 p.m. D) All participants of the event shall be informed by the DBA of these rules and their enforcement. 5. In order to meet the requirements of the Fire Marshall, 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 Marshall has required that all food-cooking vendors have a 2AIOBC-type Fire Extinguisher readily available in their booths; 6. In order to meet the requirements of the Fire Marshall and the Transit Division, "E" and "G" Streets must remain open to traffic; 7. The Downtown Business Association 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 8. The Downtown Business Association must execute an agreement to hold the City harmless from any liability stemming from Festival activities in the street. [FILE:\M:ZT DISK VIll\A:\3RDA VCLO.RES] /~-7 EXIllBIT A Conditions of Approval for the Closure of Third Avenue from "E" to "G" Streets on August 14, 1994 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 paid for by the DBA. The DBA must prepare and submit to the Traffic Engineer, two weeks in advance of the street closure, a plan for managing traffic on the day of the event; 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 ten 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 shall be submitted for City Staff review and approval. 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 Marshall, 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 Marshall has required that all food-cooking vendors have a 2AIOBC-type Fire Extinguisher readily available in their booths; 6. In order to meet the requirements of the Fire Marshall and the Transit Division, "E" and "G" Streets must remain open to traffic; 7. The Downtown Business Association 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 8. The Downtown Business Association must execute an agreement to hold the City harmless from any liability stemming from Festival activities in the street. [FILE:\MZT DISK VIll\A:\3RDA VeLO.RES) /,,2'7 07/13/1992 16:16 ~,. .' -"-' ,C ~_~....--,. ---- -- \ (~~ I 11l11(1L] (~) 360 Third Avenue P.O. Box 381 ChuJa Vista, CA 91912 (619) 422.1982 (619) 422.1452 1m Ofrk:en " DIreetoni President Jim Fergus Vice President Tom Money Secretary Jan Cano Treasurer Donna Hawk Past President Vangie Kujawski Dana Birch Lou Black Sandra Mascarenhas Lou Nicholaus Ben Patton Marie Raftery Dave Rossi Dr. Steven Wachs Town Manager Mary Coburn 4221452 CVDBA MARY COBURN PAGE 03 June 7, 1994 Chris Salomone Community Development Dire<:tor Conununity Development Department City of Olula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Chris, Re~ 1994 Third AVfml~ Fe.oval The Third Avenue Festival will be held on SUllday, AUgIIst 14 from 10 a.m. until 6 p.m.. We would like to close Third Avenue to through traffic between E Street and G Stftet from 5 a.m. \mti18 p.m.. Attached b: a tentative map mdy for your review. During the Third Avenue Festival last year, we experienced some problems with excessively loud muslc beins played by one of our businesses and from one of the stages. After nllll1CroUS complaints from adjacent vendors and businesses, we requested the volumebe tumcddown sothatvendo::scould talk with their customers. Our ~uests were repeatedly denied. The inclusion of language in ourconditional use pemUtforCoU1ltl:y Fest 94 enabled us to deal with excessive music or noise during the event. The DBA plans to contrOl all tIuee stages this year and that should eliminate tb e problems we had with the stage last year. Thank you for your cooperation and support. Sincerely, '~ary ;;-. C.... , . '-....o~ own Manager JJ. ? ~7/13/1992 16:16 4221452 CVDBA MARY COBURN PAGE 02 1W4 THIRD AVENUE ARTS 81: CRAFl'S FESTIVAL Sunday, August 14, 1994 Tentative Scn:et Layout Not to Scale B SI1eCt Stage ~ Davidson Artist At Work Scn:et I FSucet ChildJen's Am. I " . Cenlicr Street ~ 1m a -- . Q..., . Community :; Parkway I I Community G Street Displays ( ti ~ EStreet ~ ! ~tage (l{Brcola: Stage) ~ atge Davidson, F , Center Su:eet and Madrona Street; will be closed to through tmffic. East IIIId West Alleys to remain open to through traffic. X ~ Arts 8r. Craft$, Conunerlcal And Food Booths ),2 -I ()