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Home My WebLink About2008/10/21 Item 9 '-it'.!.-':.t' CITY COUNCIL AGENDA STATEMENT ~!~ CITY OF ~ (HUlA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: OCTOBER 21, 2008 Iteml RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD A VENUE FROM "D" STREET TO "I" STREET A,~D "H" STREET BETWEEN SECOND AND FOURTH AVENUES AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECElVfBER 6,2008 FROM 1 P.M TO 10 P.M. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN CITY OF CHULA VISTA AND THIRD A VENUE VILLAGE ASSOCATION FOR THE 46TH ANNUAL STARLIGHT PARADE ON DECElVfBER 6, 2008 I ~ DIRECTOR OF COMMUNICA TIONSIJ INTERIM CITY MANAGER ~ 4/STHS VOTE: YES 0 NO ~ SUMMARY The annual Starlight Parade is a long standing holiday tradition in the community and will be held for the 46th year in Chula Vista. For the parade, the Third Avenue Village Association (T A V A) requests the closure of Third Avenue between "D" and "I" streets, between Second and Fourth Avenues and portions of intersecting streets from 1 p.m. to 10 p.m. on Saturday, December 6. ENVIRONMENTAL REVIEW o The City's Environmental Review Coordinator has reviewed the proposed projects for compliance with the California EnvironmentiU Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 15304(e) of the State of CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolutions. 9-1 OCTOBER2l, 2008, lteml Page 2 of3 BOARDS/COMMISSION RECOMME'N1)ATION Not applicable DISCUSSION During last fall's budget hearings, the City Council voted to continue funding the city costs associated with the annual Starlight Parade, now in its 46th year. The T A V A is requesting the following for 2008 Starlight Parade: 1. The closure of Third Avenue between "D" and "1" Streets and "H" Street between Second and Fourth Avenues on Saturday, December 6, 2008 from 1 to 10 p.m. The parade route will be along Third A venue between "E" and "H" streets. Other areas of the closure will be used for pre-parade staging of participants, bus parking and parade debarkation. Second and Fourth A venues will remain open to traffic at all times during the event. The closure of Third A venue will affect the flow of traffic in the downtown area. The TA V A ""ill be required to coordinate with the City's Police Department and prepare a traffic control plan to their specifications. The City's transit system will also be affected. The Transit Coordinator's staff has agreed to the closure as long as "E" and "H" streets remain passable for traffic. Transit ""ill post advertised detour routes for riders prior to the event. The T A V A is aware of these stipulations and will abide by them. The T A V A will be required to send notices to all businesses and residences located along the parade route. The TAV A is also required to provide insurance, a Hold Harmless Agreement, sanitary systems and post "No Parking" signs for the event. Additional duties of the T A V A are listed in the agreement between the City and the Third A venue Village Association. 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 that is subject of this condition. FISCAL IMP ACT Tne marginal costs associated with this event (i.e. overtime, additional street equipment, generator rentals, etc.) by department are as follows: Police Fire Public Works/Streets Public WorkslParks Public Works/Ops $19,131.00 $301.00 $5,300.00 $993.69 $3,032.82 TOTAL: $28,758.51 This amount does not include overhead. However, these costs are included in the departments 2008-2009 budgets therefore no further appropriations are necessary. 9-2 OCTOBER 21, 2008, Item 11 Page 3 of 3 A TT ACHMENTS A. Duties of the Third Avenue Village Association for the Chula Vista Starlight Parade B. Group/Organization Waiver and Release of Liability Prepared by: Stephanie Kingston, Special Event Planner, Office of Communications 9-3 ATTACHMENT A ST ARLIGHT PARADE DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR STARLIGHT PARADE ON DECEMBER 6,2008 1. The TAVA shall provide for adequate traffic and crowd control, as determined by the City's Police Department. 2, The T A V A shall provide adequate litter control during and after the event, as determined by the City's Conservation Department. 3, The TAVA shall notify all property owners and tenants (including businesses and residents) that will be affected by the street closures, The notification shall be sent by first class mail at least seven days prior to the event date, 4, The TAVA will be responsible for measures to insure that the noise generated by the event's activities does not reach an excessive level. The TAVA will undertake the following measures in order to implement this condition: a, TAVA shall continually monitor noise levels of performing bands and other sound- emitting devices and will make adjustments as needed, 7, The TAVA shall provide, 10 days prior to the parade, evidence of general liability insurance in the amount of $5 million, in the forr!, 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 TAVA shall execute an agreement to hold the City harmless from any liability stemming from parade activities in the street. 9, The TAVA shall provide portable toilets along the parade route, as recommend by City staff, 10, The TAVA shall provide and post "No Parking" signs in a form acceptable to the City Police Department, along the parade route, The TAVA shall ensure that posting takes place a minimum of forty-eight (48) hours in advance of the event date. 9-4 Page 3 of 3 ~(~ ~ ~ 0lY Of (HUlA VISTA GROUP/ORGANIZA TION WAIVER AND RELEASE OF LIABILITY ORGANIZATION/GROUP NAME: -;-/////22::> 4V!;.ui;{r=- !~LA/'<" .>?/H2L/'?~ ~DF /2-~/cP . / -%SiJC EVENT NAME: EVENT DATE: ON BEHALF OF THE ABOVE ORGANIZATION/GROUP, I expressly WAIVE, RELEASE and DISCHARGE the City of Chula Vista, its officers, agents, and employees or any other person from any and all LIABILITY for any death, disability, personal injury, property damage, property theft or actions, including any alleged or actual negligent act or omissions, regardless of whether such act or 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 members of my group a completed copy of this Waiver prior to our participation. I expressly INDEMNIFY AND HOLD HARMLESS the City of Chula Vista, its elected and appointed officials, 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, or in anyway related to, or arising from, the event identified herein, any of my/our actions in connection with my/our participation in this event except for those claims arising from the sole negligence or sole willful conduct of the City, its officials, officars, employees, volunteers or other representatives. Such indemnification includes liability settlements, damage awards, costs and attorney fees associated with any such claims. I hereby certify that I have read this document, understand its content, and am authorized to sign this document on behalf of all members O~fOUP I represent. DATE: 7~ SIGNAT:RZ~ C NAME: ';'/-evof c?4'5":77 S (Please Print) e><: L"<:-U T71/~ ~~(TC;;Z;/? ~) ~. TITLE: ADDRESS JS3 '777//0 4(/~ r!.HuL.4- fA 5~ 0-9/ ;/ U Return completed Special Event Application form, plus any additional attachments & information to: Ci~1 of Chula Vista - Office of Communications. 276 Fourth Avenue, Chula Vista CA 9.1910 . Tel: 619-691-5296 Fax: 619-409-5448 F(1rm.~ mil!;; hA :<;'/lhmittArl J'jt IAJ'j.~t 4.S rf~v.~ nrinr tn AVAnt ."t~rl rf~tA Inr:nmnfFlfR fnrm!; W1Jl nnt hp, nmr.p,f';!;p,rl 9-5 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENlJE FROM "D" STREET TO "I" STREET Aj\fD "H" STREET BETWEEN SECONTI AJill FOURTH A VENUES AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER 6, 2008, FROM 1:00- 10:00 P.M. \VHEREAS, the City Council of the City ofChula Vista established a Business Improvement Area on November 16, 1971, which created Third Avenue Village Association CTA VA"); and WHEREAS, TA V A has requested the temporary closure of Third Avenue between "D" and "I" Streets, "H" Street between Second and Fourth Avenues, and all other east-west streets that intersect Third A venue between "D" and "I" Streets to the nearest point of detour to Third Avenue to conduct the Starlight Parade on Saturday, December 6, 2008, from 1 :00-10:00 p.rn.; vVHEREAS, the City Council finds that the parade will provide positive publicity for the City throughout the region which will generate commercial revenue; and \VHEREAS, the Starlight Parade has been a Downtown and City tradition for 46 years and the City Council finds that the parade is a benefit to the C~mmunity; 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 ofChula Vista does hereby approve the closure of Third Avenue between "D" and ''1'' Streets, "H" Street between Second and Fourth A venues, and all other east-west streets that intersect Third A venue betw'een "D" and "I" Streets to the nearest point of detour to Third A venue to conduct the annual Starlight Parade on Saturday, December 6, 2008, from 1:00-10:00 p.m. Presented by Approved as to form by Liz Pursell Director of Communications ........ /" /- . "\ .n!" /~ i , <..... ./' I', . ."... " ". "1-- full I, /u(- J rBart c. iVliesfeld / J ' , ------ .~terimj:ity Attorney . J:\Attomey\FINAL RESOS\2008\! 0 21 08\# 1 OJ_Street closure for Starlight Parade_l Q-21-08.doc 9-6 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETVVEEN CITY OF CHULA VISTA AND THIRD A VENUE VILLAGE ASSOCIATION FOR THE 46th ANNuAL STARLIGHT PARiillE ON DECEMBER 6, 2008 WHEREAS, the City Council" of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Third Avenue Village Association (TA V A); and Wl-IEREAS, TAVA is requesting the closure of Third Avenue between "0" and "I" Streets and "H" Street between Second and Fourth Avenues to conduct the Starlight Parade on Saturday, December 6, 2008, from 1:00-10:00 p.m.; and WHEREAS, TA VA and the City of Chula Vista seek to enter into an agreement for the 46th Annual Starlight Pa~ade; and WHEREAS, this agreement provides the City with indemnitication for claims arising from the events; and WHEREAS, the agreement also outlines T A V A'~ liability insurance requirements and duties governing the operation of the event. NOW, THEREFORE, BE [T RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement between City of Chula Vista and Third Avenue Village Association for the 46th Annual Starlight Parade on December 6, 2008. Presented by z Liz Pursell Director of Communications (\ .in / /J)C[IU& D. '- Aim Moore City Attorney r::;jf ..;1' \ 1'-iA1.-,A.,l..Ji) J:\AaomeyIRESOIAGREE.l,lE:-ITS\T A VA tor SIJrli"!hl P3rade_IO.21-08.DOC 9-7 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORi\tf BY THE CITY ATTORl'ffiY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL f' '. ."'-'''', ~ --) i /'" \ \ <:\.'\1' 'i; I \\ ''p 1. '/> ) /h I ~1 '. P (; ;vl.v lr --.t, Ba,rt Mre'sfekl IJ;l~~im City Attorney Dated: i1 i 'fLi))'? Agreement between the City of Chula Vista and Third Avenue Village Association for 46th Annual Starlight Parade 9-8 AGREENlENT Between the CITY OF CHULA VISTA, a California municipal corporation and THIRD A VENtrE VILLAGE ASSOCIA nON for 46th AN'NuAL STl\RLIGHT PARA.DE Recitals A. The Third Avenue Village Association (T A V A) will conduct its 46th Annual Starlight Parade on Saturday, December 6, 2008. B. The TA V A wishes to close Third Avenue between "D" and ''I'' streets, betvv"een Second and Fourth Avenues and portions of intersecting streets from I to 10 p.m. for this Special Event. A~eement I. TAVA's Duties T A V A shall perfOffi1 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 explIes on December 31, 2008. 3. Termination of Agreement If TA V A fails to fulfill, in a timely and proper manner, any of TA V A' s obligations or duties under this Agreement, or if TA V A 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 \vritten notice to TA V A of the termination before the effective date of the termination. 4. Assignability TA V A shall not assign or transfer any interest in this Agreement without prior v,Titten consent of City. 919 j. Independent Contractor TA V A and any of the TA V A'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 benetlts 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 T A V A represents that it and its statI 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 including nanling the City, it officials, oftlcers, agents, employees and volunteers as additional insured. 7. Hold Harmless TA V A 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 TA VA. 8. Notices All notices to be given pursuant to tills 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 certitled, 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 \vritten 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. 10. 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 tills Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. .., 9-40 Dated: Attest: Donna Norris, CMC Interim City Clerk Approved as to form: Bart Miesfeld Interim City Attorney Dated: City of Chula Vista By: Cheryl Cox Mayor Third Avenue Village Association BV:~ ~~eve Eastis Executive Director ~ o 9-11