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HomeMy WebLinkAbout2009/09/01 Item 8 CITY COUNCIL AGENDA STATEMENT ........:.., {t....;C1~..~w-'~" 09/01/2009 Item--L ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF RA.NCHO DEL REY PARKWAY BETWEEN TERRA NOVA DRIVE AND DEL REY BOULEVARD FOR THE 30TH ANNUAL ORANGE CRATE DERBY FROM 6:00 A.M. ON SATURDAY, SEPTEMBER 12,2009 UNTIL 6:00 P.M. ON SUNDAY, SEPTENfBER 13, 2009 AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BONITA V ALLEY LIONS CLUB FOR THE DERBY SUBMITTED BY: REVIEWED BY: CHIEF OF POLIc0Js.} CITY MANAGER ~ '7 r 4/5THS VOTE: YES NO X 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 12th and 13th, 2009 to conduct their 30th 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. RECOMMENDATION That Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Bonita Orange Crate Derby Committee (sponsor) is requesting permission to conduct the 30th Annual Orange Crate Derby on Saturday and Sunday, September 12th and 13th, 2009. The 8-1 09/01/2009, ItemL Page 2 of7 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 sponsor. 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 ofthe 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 IMPACT 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 sponsor. ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with this event. ATTACHMENTS "A" - General Site Plan "B" - Agreement Prepared by: Edward Chew, Administrative Services /I,{anager, Police Department 8-2 09/0112009, ltemL. Page 3 of7 ATTAClli\1ENT "A" General Site Plan Orange Crate Derby 8-3 09/0112009, Iteml Page 4 of7 ATTACHMENT "B" AGREEMENT Between the CITYOF CHULA VISTA, a California municipal corporation and BONIT A V ALLEY LIONS CLUB for 30rH ANNUAL ORAi"\lGE CRATE DERBY Recitals A. The Bonita Orange Crate Derby Committee of tbe Bonita Valley Lions Club will conduct its 30th Annual Orange Crat~ Derby on Saturday, September 12 and Sunday, September 13, 2009. B. The Bonita Orange Crate Derby Committee of tbe 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 14, 2009. 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 ofthe termination. 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 8-4 09/01/2009, ItemL Page 5 of7 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, 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 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 modified except in writing executed by each party to the Agreement. 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. 8-5 Dated: Attest: Donna Norris, CMC City Clerk Approved as to form: Bart Miesfeld City Attorney Dated: 8-6 City ofChula Vista By: 09/01/2009, ItemL Page 6 of? Cheryl Cox Mayor Bonita Valley Lions Club By: Alton Hooper Chairman - Orange Crate Derby 09/01/2009, Item~ Page 7 of? ATTACHi\1ENT "A" TO AGREEMENT Between the CITYOF CHULA VISTA, a California municipal corporation and BONITA V ALLEY LIONS CLUB for 30TH A1'mUAL ORANGE CRATE DERBY The Bonita Valley Lions Club's shall perform the following to the satisfaction of the Chief of Police: 1. 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/damage 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. 8-7 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF RANCHO DEL REY P ARKW A Y BETWEEN TERRA NOVA DRIVE AND DEL REY BOULEVARD FOR THE 30TH Ai'\!NUAL ORANGE CRATE DERBY FROM 6:00 A.M. ON SATURDAY, SEPTEMBER 12,2009 UNTIL 6:00 P.M. ON SUNDAY, SEPTEMBER 13, 2009 MID APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BONITA V ALLEY LIONS CLUB FOR THE DERBY WHEREAS, the Bonita Orange Crate Derby committee of the Bonita Valley Lions Club is requesting permission for a temporary street closure on Rancho Del Rey Parkway on September 12th and 13th, 2009 to conduct their 30th Orange Crate Derby; and WHEREAS, the sponsors shall submit proof of insurance in the form of a Certificate of Insurance and Policy Endorsement for $1 million Commercial General liability insurance, or equivalent form, acceptable to the City, 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; and 'WHEREAS, the sponsors shall provide a letter acceptable to the City Attorney in which they agree to defend, indemnify, release, protect and hold harmless, the City, its agents and employees from any and all liability arising from the Orange Crate Derby, excluding only that liability which may. arise from the sole negligence or sole willful conduct of the City; and WHEREAS, the sponsors shall provide, at their 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; and WHEREAS, the sponsor shall develop and implement a solid waste management plan approved by the Conservation Program to prevent litter, provide recycling, and disposal throughout the affected area during the event including arrangements for professional street sweeping immediately following the event; and WHEREAS, the sponsors shall provide a fully refundable $250 cleaning/damage deposit; and WHEREAS, the sponsors shall post applicable street closure SlgnS at least 48 hours in advance of the event; and 8-8 Page 2, Item: "" Meeting Date: 09/01/2009 WHEREAS, all event partIcIpants shall be required to sign liability waivers approved by the City Attorney as to form. These waivers must indicate that the City of Chula Vista will be indemnified and held harmless; and WHEREAS, the sponsors shall provide adequate supervision of event spectators and participants to prevent damage to City property and landscaping; and WHEREAS, the sponsors shall provide adequate and sufficient street barricades and supervision to insure that no vehicles are permitted into the event area throughout the duration ofthe event, including the overnight period; and WHEREAS, the sponsors shall notify area residents that the event is being held 48 hours prior to the event. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby authorizes temporary closure of Rancho Del Rey Parkway on September 12th and 13th, 2009 for the Orange Crate Derby subject to conditions as noted above. Presented by: Approved as to form by: c:~-=--(~- 'pfiI'U7'1 Bart Miesfeld City Attorney David Bejarano Police Chief 8-9 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 --/-? -..--., ~ .---' ...-:;.....---./ --- C L- ,:/- /' , Bart C. Miesfeld City Attorney D fP<-7'1 Dated: c?' /-z. o/d? r AGREEMENT BETWEEN CITY OF CHULA VISTA AND BONITA V ALLEY LIONS CLUB FOR 30TH ANNUAL ORANGE CRATE DERBY 8-10 09/01/2009, Itern_ Page 4 of7 ATTACHMENT "B" AGREEMENT Between the CITYOF CHULA VISTA, a California municipal corporation and BONITA VALLEY LIONS CLUB for 30THANNUAL ORANGE CRATE DERBY Recitals A. The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club will conduct its 30th Annual Orange Crate Derby on Saturday, September 12 and Sunday, September 13, 2009. 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 14, 2009. 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 (1) day written notice to Bonita Valley Lions Club of the termination before the effective date of the termination. 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 8-11 09/01/2009, Item_ Page 5 on 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 Hannless Bonita Valley Lions Club 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 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 modified except in writing executed by each party to the Agreement. 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. 8-12 Dated: Attest: Donna Norris, CMC City Clerk Approved as to form: Bart Miesfeld City Attorney Dated: 09/0112009, !tem_ Page 6 of7 City of Chula Vista By: Cheryl Cox Mayor Bonita Valley Lions Club By: Alton Hooper Chairman - Orange Crate Derby 8-13 09/0112009, !tem_ Page 70f7 ATTACHMENT "A" TO AGREEMENT Between the CITYOF CHULA VISTA, a California municipal corporation and . BONITA V ALLEY LIONS CLUB for 30TH ANNUAL ORANGE CRATE DERBY The Bonita Valley Lions Club's shall perform the following to the satisfaction of the Chief of Police: L 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/damage 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. 8-14