HomeMy WebLinkAbout2008/09/09 Item 6
CITY COUNCIL
AGENDA STATEMENT
~ ('f:. ClIT OF
~ CHULA VISTA
09/09/2008 Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE CLOSURE OF RAt'\lCHO DEL REY
PARKWAY BETWEEN TERRA NOVA DRIVE AND DEL REY
BOULEVARD FOR THE 29TH ANNlJAL ORANGE CRATE
DERBY FROM 6:00 A.M. ON SATURDAY, SEPTEMBER 13, 2008
UNTIL 6:00 P.M. ON Sli"NTIAY, SEPTEMBER 14, 2008 AND
APPROVING A.N AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND BONITA VALLEY LIONS CLUB FOR THE
DERBY
CHIEF OF POLIC~jJ ~_
CITY MANAGER pv - \.../
J 4/5THS VOTE: YES
NO X
SUBMITTED BY:
REVIEWED BY:
SUMMARY
The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club is requesting
permission for temporary street closure on Rancho Del Rey Parkway on September l3th and
14th, 2008 to conduct their 29th Annual Orange Crate Derby.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California Environmental
Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined
under Section 15378 of the State CEQA Guidelines because it will not result in a physical
change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMlVlENDATION
That Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The Bonita Orange Crate Derby Committee (sponsor) is requesting permission to conduct the
29th Annual Orange Crate Derby on Saturday and Sunday, September 13th and 14th, 2008. The
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event would be conducted on the west section of Rancho Del Rey Parkway, between Terra Nova
Drive to the north, and Del Rey Boulevard to the south, Both Terra Nova Drive and Del Rey
Boulevard, as well as all other sections of Rancho Del Rey Parkway, would remain open to
traffic at all times, Diagrams ofthe event are attached (Attachment "A''), This is a two day event
with the street closed to all traffic from 6:00 AM Saturday, until 6:00 PM Sunday,
The sponsor expects that approximately 150-200 youngsters, ages 7 to 13 years old, "driving" 75
separate derby cars, would be involved in the double elimination competition during the two day
event The derby cars are built by families, according to specifications provided by the sponsoL
Each car is equipped with a steering wheel (steering capacity is limited to avoid "over-steering"
by young drivers) and a friction-drag braking device, Each car is inspected to verify that safety
equipment is in working order, and drivers are required to wear helmets, long pants, and sturdy
shoes,
The race course is approximately 1,000 feet in length, with no curves or turns, The entire course
is separated with traffic safety cones, The use of cones serves two purposes; they delineate
lanes, and also act as brakes if derby cars accidentally run over them, The run-out area below the
finish line is also lined with traffic cones, Only two derby cars are permitted on the course at any
one time, Spectator areas are designated and separated from the course by flag lines,
The sponsor would be required to provide insurance, portable toilets, appropriate trash containers
and trash control, necessary traffic barricades, cones, and directional signs, and overnight
security (most cars will remain at the event site overnight),
The event has been conducted in the Rancho Del Rey area for the past thirteen years, No
,
significant problems with this event have been noted, The event would have very little impact
on residents in the area, since all residential areas are fully accessible by alternate streets, and
there are no homes on the race route,
Approval of the request will be subject to the conditions listed in Attachment "B",
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 IMP ACT
There is no fiscal impact to the City, The event sponsors will be responsible for all event costs,
Any services provided by the City before, during, or after the event will be fully reimbursed by
the sponsoL
ATTACHMENTS
"A" - General Site Plan
"B" - Agreement
Prepared by: Edward Chew, Administrative Services Manager, Police Department
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09/09/2008. Item~
ATTACHl\1ENT "A"
General Site Plan
Orange Crate Derby
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM, BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
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\.--(J::L~ !e /lA_~c\ - ~:
Bart C. Miesfeld '
Interim City Attorney
Dated:
cr/3/c/i
I I
Agreement between the City of Chula Vista and
Bonita Valley Lions Club for
29th Annual Orange Craty Derby
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J4b.dil)lQDf' J3/1
AGREEMENT
Between the CITY OF CHULA VISTA, a California municipal corporation and
BONIT A VALLEY LIONS CLUB
for
29 TH ANNUAL ORANGE CRi\ TE DERBY
Recitals
A. The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club will
conduct its 29th Annual Orange Crate Derby on Saturday, September 13 and Sunday,
September 14, 2008.
B. The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club wishes
to close Rancho Del Rey Parkway between Terra Nova Drive and Del Rey Boulevard
for this Special Event.
Agreement
1. Bonita Valley Lions Club's Duties
Bonita Valley Lions Club shall perform each of the duties described in Attachment A,
attached to this Agreement and incorporated into this Agreement by this reference.
2. Term
This Agreement is effective upon the execution of the Mayor and expires on
September 15, 2008.
3. Termination of Agreement
'If Bonita Valley Lions Club fails to fulfill, in a timely and proper manner, any of
Bonita Valley Lions Club s obligations or duties under this Agreement, or if Bonita
Valley Lions Club violates any of the covenants, agreements or stipulations of this
Agreement, City has the right to terminate this Agreement by giving at least one (I)
day written notice to Bonita Valley Lions Club of the termination before the effective
date of the tenmnation.
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4. Assignability
Bonita Valley Lions Club shall not assign or transfer any interest in this Agreement
without prior written consent of City.
5. Independent Contractor
.Bonita Valley Lions Club and any of the Bonita Valley Lions Club'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.
6. Insurance
Bonita Valley Lions Club represents that it and its staff and agents employed by it in
connection with the Special Event are protected against the risk of loss by the
insurance coverage outlined in Attachment A, Duties of Bonita Valley Lions Club,
including naming the City, it officials, officers, agents, employees and volunteers as
additional insured.
7. Hold Harmless
Bonita Valley Lions Club agrees to defend, indeninify 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 Bonita Valley Lions
Club.
8. 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.
9. Entire Agreement/Amendments
This Agreement, together with Attachment A, 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 moditied
except in writing executed by each party to the Agreement.
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10. Full Cost Recovery
Bonita Valley Lions Club shall reimburse the City for all costs incurred by the City
before, during, and after the Special Event.
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.
Dated:
City ofChula Vista
By:
Cheryl Cox
Mayor
Attest:
Donna Norris, CMC
Interim City Clerk
Approved as to form:
Bart Miesfeld
Interim City Attorney
Dated: CY /J / N
,/ /
Bonita Valley Lions Club
By:~ /~
Alton Hooper
Chairman - Orange Crate Derby
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ATTACHMENT "A"
TO
AGREEMENT
Between the CITYOF CHULA VISTA, a California municipal corporation and
BONITA VALLEY LIONS CLUB
for
29TH A.l\!0.TUAL ORA,l~GE CRA.TE DERBY
The Bonita Valley Lions Club's shall perform the following to the satisfaction of the
Chief of Police:
I. Submit proof of insurance in the form of a Certificate of Insurance for $1 million
Commercial General Liability insurance, or equivalent form, with a policy
endorsement naming the City as additional insured, making their insurance
primary with respect to the City's insurance and providing notification of
cancellation.
2. Provide, at its own expense, all necessary supplies and services required to safely
conduct the event, including portable toilets, trash receptacles, trash control,
crowd control, traffic control and traffic control equipment, signs and security,
including overnight security.
3. Provide a fully refundable $250 cleaning/dam~ge deposit.
4. Post applicable street closure signs and directional signs at least 48 hours In
advance of the event.
5. Ensure that all participants, or their legal guardians, sign liability waivers
approved by the City Attorney as to form. These waivers must indicate that the
Bonita Valley Lions Club will indemnity and hold the City of Chula Vista
harmless for any injury or loss of any kind in connection with the event.
6. Provide adequate supervision of event spectators and participants to prevent
damage to City property and landscaping.
7. Provide adequate and sufficient street barricades and supervision to insure that no
vehicles are permitted into the event area throughout the duration of the event,
including the overnight period.
8. Notify area residents, in writing, that the event is being held 48 hours prior to the
event.
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RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE CLOSURE OF
RANCHO DEL REY PARKWAY BETWEEN TERRA
NOVA DRIVE AND DEL REY BOULEVARD FOR THE
29111 ANNUAL ORANGE CRATE DERBY FROM 6:00
A.M. ON SA TURDA Y. SEPTEMBER 13. 2008 UNTIL
600 PM ON SUNDAY. SEPTEMBER 14, 2008 AL'ID
APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND BONITA VALLEY LfONS
CLUB FOR THE DERBY
WHEREAS, the Bonita Orange Crate Derby Commlttee of the Bonita Valley Lions
Club has requested the closure of Rancho Del Rey Parkway between Terra Nova Drive and
Del Rey Boulevard for the 29[h Annual Orange Crate Derby from 6:00 a.m. on Saturday.
September 13.2008 until 6:00 p.m. on Sunday. September 14,2008; and
WH EREAS. the Bunita Valley Lions Club and the City of Chula Vista seek to enter
into an agreement for the Orange Crate Derby; and
WHEREAS. this agreement provides the City with indemnilication far claims
arising li'om the Orange Crate Derby and outlines Bonita Vallev Lions Club's Insurance
requirements and its duties govell1ing the operation of the Derby: and
WHEREAS, the Bonita Valley Lions Club will reimburse the City lar all costs it
incurs lor services betore, during. and after the Orange Crate Derby.
NOW. TH EREFORE. BE IT RESOL VED by the City Council of the City of Chula
Vista ciS follows:
I
That it approves the closure of Rancho Del Rey Parkway between
Temt Nova Drive and Del Rey Boulevard for the 29[h Annual
Orange Crate Derby from 6:00 a.m. on Saturday. September \3,
2008 until 6:00 p.m on Sunday, September 14. 2008.
2.
That it approves an Agreement between the City and Bonita Valley
Lions Club tor the Derby.
Presented by:
Approved as to [ann by:
[~t~~_
Ban Miesfeld
lnterim City Attorney
/]/ /l ..../..
CC~~"= "A:. r=--
Richard P. Emerson
Police Chief
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