HomeMy WebLinkAbout2010/04/20 Item 2
CITY COUNCIL
AGENDA STATEMENT
~\Ir::.. CITY OF
~ - (HULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
SUMMARY
APRIL 20, 2010, Item 2..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CLOSURE OF THIRD
AVENUE FROM "E" STREET TO ALVARADO STREET
FOR THE CINCO DE MAYO CELEBRATION ON MAY 2,
2010 FROM 4 A.M. - 10:00 P.M. AND WAIVING THE
BUSINESS LICENSE TAXES FOR THIRD AVENUE
VILLAGE ASSOCIATION AND VENDORS
PARTICIPATING IN THE EVENT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CLOSURE OF THIRD
A VENUE FROM "E" STREET TO ALVARADO STREET
FOR THE CHULA VISTA LEMON FESTIVAL ON
AUGUST 8, 2010 FROM 4 A.M. - 10:00 P.M. AND
WAIVING THE BUSINESS LICENSE TAXES FOR THIRD
AVENUE VILLAGE ASSOCIATION AND VENDORS
PARTICIPATING IN THE EVENT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN
CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE
ASSOCIATION FOR SPECIAL EVENTS FOR 2010 AND
AUTHORIZING MAYOR TO EXECUTE THE
AGREEMENT
COMMUNICATIO~.NS ORDINAT~
CITY MANAGER!
4/5THS VOTE: YES B NO ~
The Third Avenue Village Association (TA V A) is requesting the closure of Third Avenue
and portions of other streets for two 2010 promotional events:
2-1
,...,
APRIL 20, 2010, Item-==-
Page 2 of 5
. Cinco de Mayo Celebration on May 2
. Lemon Festival on August 8
The Cinco De Mayo Celebration is an annual event. To operate the festival, the T AVA
requests that Third Avenue be closed between "E" and Alvarado streets from 4 a.m. - 1 0
p.m. on Sunday, May 2, 2010. Activities will include live entertainment along with
approximately 200 arts, crafts and food booths.
The Lemon Festival is an annual event. The TA V A requests that Third Avenue be closed
between "E"and Alvarado streets from 4 a.m. - 10 p.m. on Sunday, August 8. Activities
will include live entertainment along with approximately 200 arts, crafts and food booths.
ENVIRONMENTAL REVIEW
The City's Environmental Review Coordinator has reviewed the proposed projects for
compliance with the California Environmental Quality Act and has determined that the
projects qualify for a Class 4 categorical exemption pursuant to Section 15304(e) of the
State ofCEQA Guidelines. Thus, no further environmental review is necessary.
RECOMMENDATION
That the City Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Mav 2, 2010 - Cinco de Mavo Celebration
The TA V A is requesting the following for the 2010 Cinco De Mayo Celebration:
1. The closure of Third Avenue between "E" and Alvarado streets on Sunday, May 2
2. A waiver of business license taxes for the T A V A and vendors taking part in the
event.
The closure of Third Avenue will affect the flow of traffic in the downtown area. The
T A V A will 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. The T A V A is aware of this stipulation and will abide by it.
The T A V A has requested that the business license tax for this promotional event be waived
for this festival. The taxes involved include a $5 assessment to the sponsoring organization
(T A V A) and a requirement that each vendor have a Chula Vista business license (costing
. $12.50 to each business without a current business license).
2-2
-'1
APRIL 20, 2010, Item~
Page 3 of5
In the past, the City has waived the business license tax pursuant to CVMC 5.04.085 for the
T A V A and vendors taking part in these events in order to encourage participation. The
Municipal Code allows the Council to waive the business license requirement for those
events that last 3 days or less and help promote or p'ublicize Chula Vista. In this case, the
rationale for waiving the fee is the festival attracts thousands of visitors and residents to the
Chula Vista downtown and promotes the downtown businesses. The resulting effect will be
positive publicity for the City throughout the region which will then generate additional
commercial activity and increased sales tax revenue to the City. Waiving the business
license taxes will encourage vendor participation. Since having a large number of vendors
will help ensure the success of the events, staff recommends the waiver.
The event includes food booths. These areas will be operated in accordance with the
regulations of the San Diego County Health Department and City of Chula Vista Fire
Department and Police Department.
Additional duties of the Third Avenue Village Association are listed in the agreement
between the City and Third Avenue Village Association.
August 8, 2010 - Lemon Festival
The T A V A is requesting the following for 2009 Lemon Festival:
3. The closure of Third Avenue between "E" and "H" streets Sunday, August 8, 2010
trom 4 a.m. - 10 p.m.; and
4. A waiver of business license taxes for the T A V A and vendors taking part in each
event.
The closure of Third Avenue will affect the flow of traffic in the downtown area. The
TA V A will 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. The T A V A is aware of this stipulation and will abide by it.
The T AVA has requested that the business license tax for promotional events be waived for
this festival, The taxes involved include a $5 assessment to the sponsoring organization
(TA V A) and a requirement that each vendor have a Chula Vista business license (costing
$12.50 to each business without a current business license),
In the past, the City has waived the business license tax pursuant to CVMC 5.04.085 for the
TA V A and vendors taking part in these events in order to encourage participation. The
Municipal Code allows the Council to waive the business license requirement for those
events that last 3 days or less and help promote or publicize Chula Vista. In this case, the
rationale for waiving the fee is the festival attracts thousands of visitors and residents to the
Chula Vista downtown and promotes the downtown businesses. The resulting effect will be
positive publicity for the City throughout the region which will then generate additional
2-3
...,
APRIL 20, 2010, Item .:-
Page 4 of5
commercial activity and increased sales tax revenue to the City. Waiving the business
license taxes will encourage vendor participation. Since having a large number of vendors
will help ensure the success of the events, staff recommends the waiver.
This event includes food booths. These areas will be operated in accordance with the
regulations of the San Diego County Health Department and City of Chula Vista Fire
Department and Police Department.
Additional duties of the Third Avenue Village Association are listed in the agreement
between the City and Third Avenue Village Association.
AGREEMENT
Third Avenue Village Association and the City are entering into an Agreement for the
Special Events 2010. The Agreement provides the City with indemnification for claims
arising from the events. Additionally, it outlines the liability insurance requirements and
duties of the Third Avenue Village Association governing the operation of the events.
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 subject of this action.
FISCAL IMPACT
The T A VA has requested that the business license taxes be waived for the events. The
tax involved is a fee of $5 to the sponsoring organization (T A V A) and a $12.50 tax for
each participating vendor not currently having a Chula Vista business license. By
waiving this tax, the City will forego approximately $500 in fees for each event.
The T A V A is responsible for all other costs associated with the festivals. T A V A will be
required to pay for the City services associated with producing the event. In order to
make the festivals more affordable, the Police Department has agreed to reduce their rates
from Full Cost Recovery to OT + 20% like in 2009. The following are approximate costs
provided by each department:
Cinco De Mavo Lemon Festival
PW Operations $1,950 $1,950
PW Streets $2,151 $2,151
Police $5,321 $5,321
PW Parks $747 $747
Total: $10,169 $10,169
2-4
<"'
APRIL 20, 2010, Item~
Page 5 of5
ONGOING FISCAL IMPACTS
None.
ATTACHMENTS
· Group/Organization Waiver and Release of Liability
. Duties of the Third Avenue Village Association for the Chu1a Vista Third Avenue
Cinco De Mayo Celebration and the Chu1a Vista Third A venue Lemon Festival.
Prepared by: Stephanie Kingston, Communications Coordinator, Office of the City Manager
2-5
~Ift.
~
CHOI'A~STA
GROUP/ORGANIZA TION
WAIVER, RELEASE, AND INDEMNI~\<AGREEMENT
~/ ./ 1('
IN CONSIDERATION OF approving the closure of Si\y-(vtS from 5t/ff1to IDpM 011 DT I 62-!Z-OI D
through tJ5/ n ? () i D and the use of the City right -of-way for the , ("Event"), th~ unders~
on hehalf of the y n<<, VIlla. 'l- ("Organization/Group") does: '-t::>('iMOdlllilfJ.ijO ~
I, UNCONDITIONALLY AGREE TO WAIVE, RELEASE, DISCHARGE, AND CONVENANT NOT TO SUE the
City of Chula Vista, its officers, agents, and employees ("City"), from any and all claims and causes of action, whether
in law or equity, that I, the Organization/Group, its officers, employees, agents, assigns, heirs, next of kin, or
successors in interest may have for any LIABILITY, LOSS, DAMAGE, or INJURY, including liabiJity for personal
injury, death, dismemberment, damage to property, or theft, arising Qut of, related to, or in connection with the above-
referenced Event, whether caused or claimed to be caused by the active or passive negligent accts or omissions of the
City,
2, AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the City from and against any and allliahility,
including but not limited to claims asserted, demands, causes of action, costs, expenses, losses, attorney fees, injuries,
or payments for injury to any person or property, including injury to myself or members of the Organizatioru'Group, its
officers, employees, or agents, caused or claimed to be caused by the acts or omissions of myself, the
Organizatioru'Group, its officers, employees, and agents arising out of, related to, or in any way connected with the
above-referenced Event. Also covered is liability arising from, connected with, caused by, or claimed to be caused by,
the active or passive negligent acts or omissions of the City that may be in combination with the active or passive
negligent acts or omissions of myself, the Organization/Group, its officers, employees, or agents, or any third party.
The duty to defend, indemnify, protect and hold hmmless shaH not include any claims or liabilities arising from the
sole negligence or some willful misconduct of the City.
3, AGREE AND EXPRESSLY ACKNOWLEDGE that the foregoing Waiver, Release, and Indemnity Agreement is
intended to be as broad and inclusive as is permitted by the law of the state of California, and that if any portion of this
Agreement is held invalid, that the balance shall continue in full force and effect
4, CERTIFY that I have the authority to sign this document on behalf of the Organization/Group and myself.
5, UNDERSTAND AND EXPRESSLY ACKNOWLEDGE that the City ofChula Vista is relying on my representation
that I have the authorization to sign this documents and that I will provide all members of the Organization/Group a
signed and executed copy of this Waiver, Release, and Indemnity Agreement prior to our participation in the Event.
6. CERTIFY that I have read this agreement, understand its contents, voluntarily sign this Waiver, Release, and
Indemnity Agreement; and further agree that no oral representations, statements, or inducements apart from this written
Agreement have be?::IDrelied upon.
::n", 12-;; ~M~
DATE:
01/27 J'ZDi' 0
ORG/GROUP:
-tff/I2-D IW~ VtUAC!7C /I'3s/-i.
3)':3 TH/f2.j) /lVe-.
TITLE:
we/vll~' /V7~t2I47/N ~
ADDRESS:
(If-//,I/../4 V7Sm, fYI. ?f19/D
Return completed Special Event Application form, plus any additional attachments & information to:
City of Chula Vista - Office of Communications. 276 Fourth Avenue, Chula Vista CA 91910 . Tel; 619~691-5296 Fax: 619-409-5448
Forms must be submitted at least 45 days prior to event start date. Incomplete forms will not be processed.
2-6
MRR-22-2010 10:52R FRoM:TRVR
6194221452
TO: 4095448
P.4
~(rt.
~
CHOI'A ~STA .
GROUP/ORGANIZA TION
WAIVER, RELEASE, AND INDEMNITY AG~MENT
'Tfl-f\\~1)Y'
IN CONSillERATJON OF approving the closure of '0(0 PtJ.l/ '" from!24kl1 to ~ on OBI OB( 2.010
through eo 10 0 and Ihe use of the City right -of-way for the \"fAVIIIM Ia'inul e ("Event"), the undersigned,
on behalf of the . t . ~ ("OrganizQtion/Group") does:
I. UNCONDJTIONALL Y AGREE TO WAIVE, RELEASE, DJSCHARGE, AND CONVENANT NOT TO SUE the
City of Chula Vista, its officers, agents. and employees ("City"), from any and all claims and causes of action, whether
in law or equity, that I, the Organization/Group, its officers, employees, agents, assigns, heirs, next of kin, or
successors in interest may have for any LIABILITY, LOSS, DAMAGE, or INJURY, including liability for personal
injury, death, dismemberment, damage to property, or theft, arising out of, related to, or in connection with the above.
referenced Event, whether caused or claimed to be caused by the active Of passive negligent accts or omissions of the
City.
2. AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the City from and against any and all liability,
including but not lirnited to claims asserted~ demands, causes of action, costs, expenses, losses, attorney fees, injuries,
or payments for injury to any person 01' property, including injury 10 myself or members of the Organization/Group, its
officers, employees, or agents, caused or claimed to be caused by the acts or omissions of myself, the
Organization/Group, its officers, employees, and agents arising out of, related to, or in any way connected with the
above-referenced Event. Also covered is liability arising from. connected with. caused by, or claimed to be caused by,
the active or passive negligent acts or omissions of the City that may be in combination with the active or passive
negligent acts or omissions of myself, the Organization/Group, its otTicers, employees. or agents, or any third party.
The duty to defend, indemnify, protect and hold harmless shaH not include any claims or liabilities arising from the
so!e negligence or some willful misconduct oftlle City,
3. AGREE AND EXPRESSLY ACKNOWLEDGE that the foregoing Waiver, Release, and Indemnity Agreement is
intended to be a.c; broad and inclusive as is permitted by the law of the state of Cali fomi a, and that if any portion of this
Agreement is held invalid, that the balance shall continue in full force and effect.
4. CERTIFY that r have the authority to sign this document on bchalf of the Organization/Group and myself.
5. UNDERSTAND AND EXPRESSLY ACKNOWLEDGE that the City ofCh"!a Vista is relying on my representation
that J have the authorization to sign this documents and that] will provide all members of the Organization/Group a
signed and executed copy ofthis Waiver, Release, and Indemnity Agreement prior to our participation in the Event.
6. CERTIFY that [have read this agreement, understand its contents, voluntarily sign this Waiver, Release, and
Indemnity Agreement; and further agree that no ora! representations, statements, or inducements apart from this written
Agreement ~l'trlA'pon.
SIGNATURE: ~d DATE: ~ 2'2 J 2.olD
NAME: ~ ORG/GROUP: ""'fVIAAA.AipJI\UD \li\Ia.t}t~o.:M.
TITLE: ~-t:. tJvwl~ ADDRESS: .j53l11AAc! MUUl 0 .
tw.a. \fl ~ ('.1\ OJ f\ LD
,
Return completed Special Event Application form. plus any additional attachments & Informatlon to:
City ofChula Vista ~ Office of Communications . 276 Fourth Avenue. Chula Vista CA 91910 . Tel; 619-691-5296 Fax: 619.409-5448
Forms must be submitted at feast 45 days prior to event start date. Incomplete forms will not be processed.
2-7
DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA)
FOR
CHULA VISTA THIRD AVENUE CINCO DE MAYO CELEBRATION ON MAY 2,2010
1. The TAVA shall provide for adequate traffic and crowd control, as determined by the City's
Police Department.
2. The TAVA 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 closure. The notification must 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, 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 Office of
Communications staff review and approval prior to the event.
c. All band performances shall be limited to the hours of 10 a.m. and 7 p.m.
5. The TAVA shall ensure that the alleyways between "E" Street and "H" 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 TAVA shall ensure that all food-
cooking vendors have a 2A 1 OBC-type fire extinguisher readily available in their booths as
required by the Fire Marshal.
6. The TAVA shall ensure "E" and "H" Streets remain open to traffic in order to meet the
requirements of the Fire Marshal and the Transit Division.
7. The TAVA shall provide, 10 days prior to the Cinco de Mayo Celebration, evidence of
general liability insurance in the amount of $5 million, in the form 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 Cinco de Mayo Celebration activities in the street.
9. The TAVA shall obtain a temporary license from the ABC for the sale of beer and shall
comply with all requirements set forth in the license. The TAVA shall comply with all
requirements of the Chula Vista Police Department.
2-8
ATTACHMENT A
CINCO DE MAYO CELEBRATION
10. The TAVA shall ensure that the location of the food and beverage tents are approved by
the County Board of Health and Chula Vista Police and Fire Departments at least 30 days
prior to the event.
11. The TAVA shall ensure that sales, service and consumption of alcoholic beverages are
permitted only in the areas designated on the ABC application diagram. The TAVA shall
ensure that people do not take alcoholic beverages from the designated area and that no
person brings alcoholic beverages into the designated area.
12. The TAVA shall provide one (1) security person at each public entrance and exit for each
area noted in condition #11. The T A V A shall ensure that each security person wears
distinctive apparel and is present in the area where consumption is taking place at all
times.
13. The TAVA shall ensure that the security persons prevent people from carrying alcoholic
beverages outside the designated area as well as prevents people from bringing alcoholic
beverages into the designated area as noted in condition 11. The T A V A shall ensure that
security persons verify the age of each person who wishes to purchase or consume
alcoholic beverages.
14. The TAVA shall ensure that alcoholic beverages are only sold in distinctive paper, plastic,
or Styrofoam cups and that no other containers are used for the dispensing of alcoholic
beverages.
15. The TAVA shall ensure that all persons serving or dispensing alcoholic beverages are at
least 21 years of age.
16. The TAVA shall ensure that no more than two (2) alcoholic beverage containers are
purchased by anyone person at anyone time.
17. The TAVA shall ensure that cup size for alcoholic beverages shall not exceed 16 ounces.
18. The TAVA shall ensure that signs are posted indicating "No one under 21 years of age
allowed" in the bar area. No signs are required at the food court. The TAVA shall ensure
that no persons under 21 years of age are allowed in the bar area. The food court will be
open to persons of all ages. If no food service is available inside the food court, it will be
considered a bar area, and the TAVA shall ensure no persons under 21 years of age are
present.
19. The TAVA shall ensure that a three foot tall fence separates the bar area and food court
from other public areas.
2-9
ATTACHMENT B
LEMON FESTIVAL
DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA)
FOR
CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON AUGUST 8, 2010
1. The TAVA shall provide for adequate traffic and crowd control, as determined by the City's
Police Department.
2. The TAVA 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 closure. The notification must 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, 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 Office of
Communications staff review and approval prior to the event.
c. All band performances shall be limited to the hours of 10 a.m. and 7 p.m.
5. In order to meet the requirement of the Fire Marshal, the TAVA shall ensure that 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 TAVA shall ensure that all food-cooking vendors have a 2A10BC-type
fire extinguisher readily available in their booths as required by the Fire Marshal.
6. The TAVA shall ensure "E" and "H" Streets remain open to traffic in order to meet the
requirements of the Fire Marshal and the Transit Division.
7. The TAVA shall provide, 10 days prior to the Lemon Festival, evidence of general liability
insurance in the amount of $5 million, in the form 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 Lemon Festival activities in the street.
2-10
ATTACHMENT B
LEMON FESTIVAL
9. The TAVA shall ensure that the location of the food and beverage tents are approved by
the County Board of Health and Chula Vista Police and Fire Departments at least 30
days prior to the event.
2-11
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE
FROM "E" STREET TO ALVARADO STREETS FOR THE
CINCO DE MAYO CELEBRATION ON'MA Y 2, 2010 FROM 4:00
A.M. - 10:00 P.M., WAIVING PROHIBITION ON SIDEWALK
SALES, AND WAIVING BUSINESS LICENSE TAXES FOR
THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS
PARTICIPATING IN THE EVENT
WHEREAS, the City Council ofthe City ofChula Vista established a Business Improvement
Area on November 16, 1971, which created the Third Avenue Village Association CTA V A"); and
WHEREAS, the T A V A has requested to close Third A venue from "E" to Alvarado Streets
including adjacent side streets to the alleyway in order to conduct the Cinco de Mayo Celebration on
May 2,2010 from 4:00 a.m. -10:00 p.m.; and
WHEREAS, the T A V A has also requested a waiver of the Business License Tax for
promotional events pursuant to Chula Vista Municipal Code 5.04.085 for TAVA and vendors
participating in the 2010 Cinco de Mayo celebrations; and
WHEREAS, the Council finds that the festival will provide positive publicity for the City
throughout the region which will generate additional commercial activity and sales tax revenue; and
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 City ofChula Vista
does hereby approve the closure of Third Avenue from "E" Street to Alvarado Streets from 4:00
a.m. - 10:00 p.m. on May 2, 2010, for the purpose of the TA V A conducting the 2010 Cinco de
Mayo celebrations.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista finds that the
event meets all the necessary criteria for wavier and approves the requested waiver of the City's
Business License Tax for the Third Avenue Village Association and all vendors participating in the
2010 Cinco de Mayo celebrations on May 2, 2010.
Presented
Approved as to form by
~~
Bart Miesfeld
City Attorney
James Sandoval
City Manager
2-12
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE
FROM "E" STREET TO "H" STREETS FOR THE LEMON
FESTIVAL ON AUGUST 8, 2010 FROM 4:00 A.M. -10:00 P.M.
AND WAIVING BUSINESS LICENSE TAXES FOR THIRD
AVENUE VILLAGE ASSOCIATION AND VENDORS
PARTICIPATING IN THE EVENT
WHEREAS, the City Council of the City ofChula Vista established a Business Improvement
Area on November 16, 1971, which created the Third Avenue Village Business Association
("T A V A"); and
WHEREAS, the T A V A has requested to close Third Avenue from "E" to "H" Streets in
order to conduct the Lemon Festival on August 8, 2010 from 4:00 a.m. - 10:00 p.m.; and
WHEREAS, the TA V A has also requested a waiver of the Business License Tax for
promotional events pursuant to Chula Vista Municipal Code 5.04.085 for T A V A and vendors
participating in the 20 I 0 Lemon festival; and
WHEREAS, the Council finds that the festival will provide positive publicity for the City
throughout the region which will generate additional commercial activity and sales tax revenue; and
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 ofthe City ofChula Vista
does hereby approve the closure of Third Avenue from "E" Street to "H" Streets from 4:00 a.m.-
10:00 p.m. on August 8, 2010, for the purpose of the TA V A conducting the 2010 Lemon Festival.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista finds that the
event meets all the necessary criteria for waiver and approves the requested waiver of the City's
Business License Tax for the Third A venue Village Association and all vendors participating in the
2010 Lemon Festival on August 8, 2010.
Presented
Approved as to form by
B~;;>--- .
City Attorney
James Sandoval
City Manager
2-13
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE
ASSOCIATION FOR SPECIAL EVENTS FOR 2010 AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, the City Council of the City ofChula Vista established a Business Improvement
Area on November 16, 1971, which created the Third Avenue Village Association ("T A V A"); and
WHEREAS, T A V A intends to hold a number of special events in the downtown area this
year; and
WHEREAS, the Agreement outlines the duties of T A V A for each of the Special Events
planned for 2010;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby approve the Agreement between the City of Chula Vista and Third Avenue Village
Association for Special Events for 20 1 0, a copy of which shall be kept on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute the Agreement for and on behalf of the City of Chula Vista.
Presented
Approved as to form by
James Sandoval
City Manager
~~~/
Bart Miesfeld ~
City Attorney
2-14
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~~
Bart C. Miesfeld
City Attorney
)
Dated: '1- 1- - I 0
AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND
THIRD AVENUE VILLAGE ASSOCIA nON
FOR SPECIAL EVENTS 2010
2-15
AGREEMENT
Between the CITYOF CHULA VISTA, a California municipal corporation aod
THIRD A VENUE VILLAGE ASSOCIA nON for
SPECIAL EVENTS IN 2010
.
Recitals
A. The Third A venue Village Association (T A V A) plaos to stage two Special Events
in 2010.
B. These Special Events are the Cinco de Mayo Celebration, which will take place
on May 2, 2010, aod the Lemon Festival, which will take place on August 8, 2010.
C. The T A V A wishes to close Third Avenue aod portions of other streets for these
two Special Events.
Agreement
1. TAVA'sDuties
The T A V A shall perform each of the duties described in Attachments A aod B,
attached to this Agreement aod incorporated into this Agreement by this reference.
2. Duties of the City
City Communications Coordinator (Staff) shall work closely with T A V A to
facilitate the plaoning aod staging of each Special Event. Staff shall coordinate two
meetings between various City Departments aod the T A V A to discuss all logistics,
requirements, concerns aod issues of both the City aod the T AVA. Staff shall promote
each Special Event on the City's website aod in the City's online newsletter. Staff shall
create ao emergency contact list for each Special Event.
3. Term
This Agreement is effective upon the execution of the Mayor aod expires on
December 31, 2010.
4. Termination of Agreement
If the TA V A fails to fulfill, in a timely aod proper manner, aoy ofTA VA's
obligations or duties under this Agreement, or if the T A V A violates aoy of the covenaots,
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 T A V A of the termination
before the effective date of the termination.
2-16
5. Assignability
The TA V A shall not assign or transfer any interest in this Agreement without
prior written consent of City.
6. Independent Contractor
The T A V A and any of the T AVA'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
The T A V A represents that it and its staff and agents employed by it in
connection with the 2010 promotional events are protected against the risk of loss by the
insurance coverage outlined in Attachments A and B, Duties of T A V A, including naming
the City, it officials, officers, agents, employees and volunteer as additional insured.
8. Hold Harmless
T A 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 T A V A Special Events
Manager.
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 Attachments A and B, 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.
11. Capacity of Parties
2-17
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 ~
,
, 2010 in the City of Chula Vista, California.
TAVA
CITY OF CHULA VISTA
By:UJl;~v~l_
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form by:
Bart Miesfeld, City Attorney
2-18