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HomeMy WebLinkAbout2010/10/26 Item 2CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF CHULAVISTA OCTOBER 26, 2010 Item 2 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD AVENUE FROM "D" STREET TO "I" STREET AND "H" STREET BETWEEN SECOND AND FOURTH AVENUE AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER 4, 2010 FROM 1:00 P.M TO 10 P.M. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR THE 49TH ANNUAL STARLIGHT PARADE ON DECEMBER 4, 2010 SUBMITTED BY: COMMUNICATIONS OORDINATOR~ REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES ~ NO ^X SUNIMARY The annual Stazlight Parade is a long standing holiday tradition in the community and will be held for the 49~' yeaz in Chula Vista. For the parade, the 'T'hird Avenue Village Association (TAVA) requests the closure of Third Avenue between "D" and "I" Street, between Second and Fourth Avenue and portions of intersecting streets from 1 p.m. to 10 p.m. on Saturday, December 4, 2010. ENVIRONMENTAL REVIEW 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 exempfion pursuant to Secfion 15304(e) of the State of CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolutions. 2-1 OCTOBER 26, 2010 Item ?- Page 2 of 3 BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION The TAVA is requesting the following for 2010 Starlight Parade: 1. The closure of Third Avenue between "D" and "I" Street and "H" Street between Second and Fourth Avenue on Saturday, December 4, 2010, from 1:00 to 10 p.m. The parade route will be along Third Avenue between "E" and "H" Street. Other areas of the closure will be used for pre-pazade staging of participants, bus pazking and parade debazkation. Second and Fourth Avenue will remain open to traffic at all times during the event. The closure of Third Avenue will affect the flow of traffic in the downtown azea. The TAVA will be required to coordinate with the Chula Vista 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" Street remain passable for traffic and "H" Street traffic is monitored and regulated by law enforcement. Transit will post advertised detour routes for riders prior to the event. The TAVA is awaze of these stipulations and will abide by them. The TAVA will be required to send notices to all businesses and residences located along the pazade route. The TAVA is also required to provide insurance, a Hold Harmless Agreement, sanitary systems and post `2~1o Pazking" signs for the event. Additional duties of the TAVA are listed in the agreement between the City and the Third Avenue 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 IMPACT City staff costs associated with this event (i.e. pazk maintenance, street barricade equipment, generator rentals, etc.) by department aze as follows (2009 rates): Police $19,131.00 Public Works/Streets $5,300.00 Public Works/Pazks $993.69 Public Works/Ops $3,032.82 TOTAL: $28,457.51 This amount does not include overhead. However, these costs aze included in the departments 2010/2011 budgets therefore no further appropriations are necessary. 2-2 OCTOBER 26, 2010 Item 2- Page 3 of 3 ONGOING FISCAL IMPACT Due to the significant financial challenges for fiscal year 2011/2012, it is not known if the City will be able to absorb the labor costs and in-kind services for the 2011 Starlight Pazade. ATTACHMENTS A. Dudes of the Third Avenue Village Association for the Chula Vista Stazlight Pazade B. Group/Organization Waiver and Release of Liability Prepared by: Stephanie Kingston, Communications Coordinator, Office of the City Manager 2-3 ATTACHMENT A STARLIGHT PARADE DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR STARLIGHT PARADE ON DECEMBER 4, 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 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 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 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. 2-4 ~V/i nA.~ cm of CHULAV1SfA GROUP/ORGANIZATION WAIVER, RELEASE, AND INDEMNITY AGREEMENT INCONSIDERATION OF approving the closure of ~~Ti15 from QM to l nPM . on 11.1 ~ I io l o through l21 4 11.V l ~ and the use of the City right -of-way for the 3~ttr 1 t0.hl ~tRtd(F"Event"), the undersigned, on behalf of the 'rAyp( ("Organization/Group") does: UNCONDITIONALLY AGREE TO WAIVE, RELEASE, DISCHARGE, AND CONVENANT NOT TO STJE the City of Chula Vista, its officers, agents, and employees ("City"), from any and al] claims and causes of action, whether in law or equity, that I, the Organiza[ion/Group, its officers, employees, agents, assigns, heirs, next of kin, or successors in interest may have for any LIABII.ITY, 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 or passive negligent accts or omissions of the City. 2. AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMT ESS the City from and against any and all liability, 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 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 [he 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 hatmless shall not include any claims or liabilities azising 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 of Chula 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 Even[. 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 h SIGNATURE: NAME: TTTLE: DATE: O / / 2'7 //0 ORG/GROUP: ~N111-D ftVb'• V[I-~A{s' S /-JS~• ADDRESS: .3.f3 T•!l f2-p f-VE•• Return completed Special Event Application form, plus any additional attachments & information to: City of Chula Vista -Office of Communications ~ 27fi Fourth Avenue, Chula Vista CA 91910 ~ Tel: 619-691-629fi Fax: 619-409-5448 Forms must be submitted at least 45 days prior fo event start date. Incomplete forms will not be processed. 2-5 RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD AVENUE FROM "D" STREET TO "I" STREET AND "H" STREET BETWEEN SECOND AND FOURTH AVENUE AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER 4, 2010 FROM 1:00 P.M. TO 10:00 P.M. WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created Third Avenue Village Association ("TAVA"); and WHEREAS, the TAVA has requested the temporary closure of Third Avenue between "D" and "I" Street, "H" Street between Second and Fourth Avenue, and all other east-west streets that intersect Third Avenue between "D" and "I" Street to the nearest point of detour to Third Avenue to conduct the Starlight Parade on Saturday, December 4, 2010 from 1:00 p.m. to 10 p.m.; WHEREAS, the Council finds that the parade will provide positive publicity for the City throughout the region which will generate commercial revenue; and WHEREAS, the Stazlight Parade has been a Downtown and City tradition for 49 years and the City Council finds that the parade is a benefit to the Community; 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) ofthe SCate CEQA Guidelines. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the closure of Third Avenue from "D" Street to "I" Street and "H" Street between Second and Fourth Avenue, and all other east-west streets that intersect Third Avenue between "D" and "I" Streets to the nearest point of detour to Third Avenue to conduct the annual Starlight Parade on Saturday, December 4, 2010 from 1:00 p.m. to 10 p.m. Presented by Approved as to form by .- Jim Sandoval Bart C. Miesfeld !` City Manager City Attorney 2-6 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 THE 49TH ANNUAL STARLIGHT PARADE ON DECEMBER 4, 2010 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 ("TAVA"); and WHEREAS, TAVA intends to plan the 48`h Annual Starlight Parade in the downtown area this year; and WHEREAS, the Agreement outlines the duties of TAVA for the Starlight Parade planned for 2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement between the City of Chula Vista and Third Avenue Village Association for the 49"' annual Starlight Parade on December 4, 2010 , a copy of which shall be kept on file in the office of the City Clerk. Presented by Jim Sandoval City Manager Approved as to form by / --' C ~ !-- Bart C. Mies eld City Attorney 2-7 THE ATTACHED 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 y/ '~ / f Bart C.~Vliesfeld City Attorney Dated: /o " / ~ -r c7 AGREEMENT BETWEEN THE CITY OF CHULA VISTA, AND THE THIRD AVENUE VILLAGE ASSOCIATION FOR 48`h ANNUAL STARLIGHT PARADE 2-8 AGREEMENT BETWEEN THE CITY OF CHULA VISTA, A CALIFORNIA MUNICIPAL MUNICIPAL CORPORATION AND THE THIRD AVENUE VILLAGE ASSOCIATION FOR 49`x' ANNUAL STARLIGHT PARADE Recitals A. The Third Avenue Village Association (TAVA) will conduct its 49~ Annual Starlight Parade on Saturday, December 4, 2010. B. The TAVA wishes to close Third Avenue between "D" and "I" streets, between Second and Fourth Avenues and portions of intersecting streets from 1 to 10 p.m. for this Special Event. C. Herein, individually, the City and TAVA may be referred to as "Party" and collectively as "Parties". Agreement 1. TAVA's Duties TAVA 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 December 31, 2010. 3. Termination of Agreement If TAVA fails to fulfill, in a timely and proper manner, any of TAVA' s obligations or duties under this Agreement, or if TAVA 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 TAVA of the termination before the effective date of the termination. This provision is in addition to any other remedies that the City may have at equity or in law. 4. Assignability TAVA shall not assign or transfer any interest in this Agreement without prior written consent of City. Consent to an assignment by the City shall not be deemed to be consent to any subsequent assignment. Any such assignment without such consent shall be void. 1 2-9 5. Independent Contractor TAVA and any of the TAVA's agents, employees or representatives aze, 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 TAVA represents that it and its staff and agents employed by it in connection with the Special Event aze protected against the risk of loss by the insurance coverage outlined in Attachment A including naming the City, it officials, officers, agents, employees and volunteers as additional insured. 7. Hold Ham>less TAVA 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 TAVA. 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 Patty, postage prepaid, registered or certified, with return receipt requested, at the addresses and to the representative identified below: City of Chula Vista Stephanie Kingston 276 Fourth Avenue Chula Vista, CA 91910 TAVA Greg Mattson 353 Third Avenue Chula Vista, CA 91910 If the representative or address of either Party changes, notice of the change shall be sent to the other Parry. After the receipt of the notice of change, all future notices or demands shall be sent as required by the notice of change. 9. Headings All article headings are for convenience only and shall not affect the interpretation of 2 2-10 this Agreement. 10. Gender & Number Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine genders and (ii) the singulaz number includes the plural number. 11. Reference to Pazagraphs Each reference in this Agreement to a section refers, unless otherwise stated, to a section this Agreement. 12. Incorporation of Recitals and Exhibits All recitals herein and exhibits attached hereto aze incorporated into this Agreement and are made a part hereof. 13. Covenants and Conditions All provisions of this Agreement expressed as either covenants or conditions on the part of the City or TAVA, shall be deemed to be both covenants and conditions. 14. Integration This Agreement and any exhibits or references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and agreements aze merged into this Agreement. 15. Severability In the event that any phrase, clause, paragraph, section or other portion of this Agreement shall become illegal, null or void, or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining portions of this Agreement shall not be affected and shall remain in force and effect to the fullest extent permissible by law. 16. Drafting Ambiguities% The Parties agree that they aze awaze that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the 2-11 decision of whether or not to eek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Parry participated in the drafting of the Agreement. 17. Conflicts Between Terms If an appazent conflict or inconsistency exists between the main body of this Agreement and any exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 18. Compliance With Law TAVA shall, at its sole cost and expense, comply with all the requirements of municipal, state, and federal authorities now in effect or which may hereafter be in effect related to this Agreement. 19. Governing Law This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. This Agreement shall be deemed made and entered into in San Diego County, California. 20. Administrative Claims Requirements and Procedures No suit or azbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which aze incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, TAVA shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 21. Fees In the event any action or proceeding shall be instituted in connection with this Agreement, including without limitation the enforcement of any indemnification obligaflon contained herein, the losing Parry shall pay to the prevailing Party a 4 2-12 reasonable sum for attorneys' fees and costs incurred in bringing or defending such action or proceeding and/or enforcing any judgment granted. 22. Jurisdiction and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 23. Municipal Powers Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a chartered city of the State of California. 24. No Waiver No failure of either Parry to insist upon the strict performance by the other Party of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any default hereunder shall be implied from any omission to take any action on account of such default. The consent or approval to or of any act requiring consent or approval shall not be deemed to waive or render unnecessary future consent or approval for any subsequent similaz acts. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 25. Cumulative Remedies All rights, options, and remedies of City contained in this Agreement shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and City shall have the right to pursue any one or all of such remedies or to seek damages or specific performance in the event of any breach of the terms hereof or to pursue any other remedy or relief which may be provided by law or equity, whether or not stated in this Agreement. 26. Good Faith The Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. 27. Capacity of Parties 5 2-13 Each signatory and Party to this Agreement warrants and represents to the other Party that it has legal authority and capacity and direcfion from its principal to enter into this Agreement, that all resolutions or other actions have been taken so as to enable it to enter into this Agreement, and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist. Dated: City of Chula Vista By: Cheryl Cox Mayor Attest: Donna Norris, CMC City Clerk Approved as to form: Bart Miesfeld City Attorney Dated: Third Avenue Village Association By: 6 2-14