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Home My WebLink About2010/11/09 Item 2 CITY COUNCIL AGENDA STATEMENT ",";~ '~,;"'~~''j;.t,,,,~ '~; ~({,; ::s..~ C1lYOF ~ (HULA VISTA 011/09/2010 Item '2- SUBMITTED BY: RESOLUTION OF THE CrTY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF SOUTHBOUND LANES OF EASTLAKE PARKWAY FROM KESTRAL FALLS TO BIRCH ROAD AND PARTIAL WESTBOUND LANES OF BIRCH ROAD FROM EASTLAKE PARKWAY FOR THE OTAY RANCH TOWN CENTER BAND REVIEW AND COMMUNITY FESTIVAL FROM 6 A.M. TO 7 P.M. ON SATLRDAY, NOVEMBER 13, 20IO AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PARADE BAND FOUNDATION, INC. FOR THE EVENT COMMUNrCA ll~~RDJNA Tif CITY MANAGER ASSIST ANT CITY NAGER~;J 4/5THS VOTE: YES NO X ITEM TITLE: REVIEWED BY: SUMMARY The Parade Band Foundation, Inc. is requesting permission for the temporary street closure of small portions of Birch Road and EastLake Parkway on Saturday, November 13,2010 to conduct the Otay Ranch Town Center Band Review and Community Festival. 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 defmed 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. 2-1 11/0912010, Item 2- Page 2 of6 DISCUSSION The Parade Band Foundation, Inc. (sponsor) in partnership with the Otay Ranch Town Center (ORTC) and the Chula Vista Chamber of Commerce plans to conduct the Otay Ranch Town Center Band Review and Community Festival on Saturday, November 13, 2010. The event is scheduled to take place at the ORTC shopping mall. However, they are requesting the temporary street closure of southbound lanes on EastLake Parkway from Kestrel Falls to Birch Road. They are also requesting the temporary street closure of westbound lanes of Birch Road from EastLake Parkway to the western most driveway of the ORTC. These streets would be closed to traffic from 6 a.m. to 7 p.m. on Saturday, November 13 in order to stage the band review. Diagram of the road closure is attached on Attachment "B." The Band Review is a competitive parade for marching bands as well as a showcase parade for the merchants and community of Chula Vista. In addition, there will be a community festival in the mall's north parking area with vendor booths, "bounce houses," live entertainment and games. The sponsor expects 2,500 to 5,000 people to attend the festivities. This is the first year for this event. The Chula Vista Police and Traffic Engineering departments have reviewed and approved the event and road closure. The sponsor would be required to provide insurance, necessary traffic barricades, cones, and directional signage. Also, approval of the request will be subject to the conditions listed on Attachment "A." 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 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" - Agreement "B" - General Event Site Prepared by: Stephanie Kingston; Communications Coordinator, City Manager '5 Office 2-2 11109/2010, Item '2- Page 3 of6 ATTACHMENT "A" AGREEMENT Between the CITY OF CHULA VISTA, a California municipal corporation and PARADE BAND FOUNDATION, INC. OTA Y RANCH TOWN CENTER BAND REVIEW AND COMMUNITY FESTIVAL Recitals A. The Parade Band Foundation, Inc. will conduct the Otay Ranch Town Center Band Review and Community Festival on Saturday, November 13,2010. B. The Parade Band Foundation, Inc. wishes to close southbound lanes of EastLake Parkway from Kestral Falls to Birch Road and partial westbound lanes of Birch Road for this Special Event. Agreement 1. The Parade Band Foundation, Inc.'s Duties The Parade Band Foundation, Inc. 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 November 14, 2010. 3. Termination of Agreement If Parade Band Foundation, Inc. fails to fulfill, in a timely and proper manner, any of Parade Band Foundation, Inc. obligations or duties under this Agreement, or if the Parade Band Foundation, Inc. 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 Parade Band Foundation, Inc. of the termination before the effective date of the termination. 4. Assignability Parade Band Foundation, Inc. shall not assign or transfer any interest in this Agreement without prior written consent of City. 5. Independent Contractor Parade Band Foundation, Inc. and any of the Parade Band Foundation, Inc.'s agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to ~~gmployees of City, and none of them shall be 11/09/2010, Item_ Page 4 of6 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 Parade Band Foundation, Inc. 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 Parade Band Foundation, Inc., including naming the City, it officials, officers, agents, employees and volunteers as additional insured. 7. Hold Harmless Parade Band Foundation, Inc. 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 Parade Band Foundation, Inc. 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, 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 Parade Band Foundation, Inc. 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. 2-4 Dated: Attest: Donna Norris, CMC City Clerk Approved as to form: Bart Miesfeld City Attorney Dated: 11109/2010, Item_ Page 5 01'6 City of Chula Vista By: Cheryl Cox Mayor Parade Band Foundation, Inc, By: Charles Wolf Director 2-5 11109/2010, Item_ Page 6 of6 ATTACHMENT TO AGREEMENT Between the CITYOF CHULA VISTA, a California municipal corporation and PARADE BAND FOUNDATION, INC. for OTA Y RANCH TOWN CENTER BAND REVIEW AND COMMUNITY FESTIVAL The Parade Band Foundation, Inc.'s shall perform the following to the satisfaction of the City Manager: 1. Submit proof of insurance in the form of a Certificate of Insurance for $2 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 any overnight security. 3. Post applicable street closure signs and directional signs at least 48 hours in advance of the event. 4. 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 Parade Band Foundation will indemnity and hold the City of Chula Vista harmless for any injury or loss of any kind in connection with the event. 5. Provide adequate supervision of event spectators and participants to prevent damage to City property and landscaping. 6. Provide adequate and sufficient street barricades and supefVlslOn to insure that no vehicles are permitted into the event area throughout the duration of the event. 7. Notify area residents and businesses, in writing, that the event is being held 48 hours prior to the event. 2-6 . ' "" ~ ~ . ',~ "f!> ~. ' o ,0 '"'" . . .."b I " '~-\yi\\S~~ .---..,'tl] . \Z~s\\~ . I -- _ '..' iif\D'~C~" ?,.O,,8\Oc' . - ,I 2000 birch chula vista - Google Maps G- ,0 lJgI1:> map s Address 2000 Birch Rd '" Chula Vista, CA 91913 Notes . "r..;:.; r VI "':'I/iil' -~b'c> \:' i \ It., ~, ^' II . 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':1 ':.::=.;;/ ,,';1 // II // I I \J' ,;,<' '1' ,- G" '" . @2010Google-Map data ~010 Gpogle- 2-7 http://maps.google.comlmaps?f-q&source=s __ q&hl=en&geocode=&q~2000+birch+chula+vista&sl1= 37.... 10/15/2010 RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF SOUTHBOTJND LANES OF EASTLAKE PARKWAY FROM KESTRAL FALLS TO BIRCH ROAD AND PARTIAL WESTBOUND LANES OF BIRCH ROAD FROM EASTLAKE P ARKW A Y FOR THE OTA Y RANCH TOWN CENTER BAND REVIEW AND COMMUNITY FESTIVAL FROM 6 A.M. TO 7 P.M. ON SATURDAY, NOVEMBER 13, 2010 AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VlSTA AND PARADE BAND FOUNDATION, INC. FOR THE EVENT WHEREAS, the Parade Band Foundation has requested the closure of southbound lanes of EastLake Parkway from Kestral Falls to Birch Road and partial westbound lanes of Birch Road from EastLake Parkway for the Otay Ranch Town Center Band Review from 6 a.m. to 7 p.m. on Saturday, November 13, 2010; and WHEREAS, the Council finds that the Band Review encourages and promotes community spirit and positive publicity for the City throughout the region which will generate commercial 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 of the City ofChula Vista does hereby approve the closure of southbound lanes of EastLake Parkway from Kestral Falls to Birch Road and partial westbound lanes of Birch Road from EastLake Parkway for the Otay Ranch Town Center Band Review and Community Festival from 6 a.m. to 7 p.m. on Saturday, November 13. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the Agreement between the City ofChula Vista and the Parade Band Foundation, Inc., a copy of which shall be kept on file in the oftice of the City Clerk, and authorizes the Mayor to sign the Agreement for and on behalf of the City ofChula Vista. Presented by Approved as to form by ~:..~:~:-(~::::'/~~-~ Bart Miesfeld c.' City Attorney Jim Sandoval City Manager 2-8 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 {~/...~.~...~:::~;7/..."/,,,__ /.r /-~ '... (. <"~_.... ..' C // Bart C. Miesfeld City Attorney 7;:> r; Pc... -r It" Dated: ((. /-/0 AGREEMENT BETWEEN THE CITY OF CHULA VrSTA, AND PARADE BAND FOUNDA nON, INC. OTA Y RANCH TOWN CENTER BAND REVIEW AND COMMUNITY FEsnv AL 2-9 AGREEMENT Between the ClTY OF CHULA VISTA, a California municipal corporation and PARADE BAND FOUNDATION, INC. 01' A Y RANCH TOWN CENTER BAND REVIEW AND COM1'vruNITY FESnV AL Recitals A. The Parade Band Foundation, Inc. will conduct the Otay Ranch Town Center Band Review and Community Festival on Saturday, November 13, 2010. B. The Parade Band Foundation, Inc. wishes to close southbound lanes of EastLake Parkway from Kestral Falls to Birch Road and partial westbound lanes of Birch Road for this Special Event. Agreement 1. The Parade Band Foundation, Inc's Duties The Parade Band Foundation, Inc. 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 November 14, 2010. 3. Termination of Agreement If Parade Band Foundation, Inc. fails to fulfill, in a timely and proper manner, any of Parade Band Foundation, Inc. obligations or duties undcr this Agreement, or if the Parade Band Foundation, Inc. violates any of the covenants, agreements or stipulations of this Agreement, City has the right to tenninate this Agreement by giving at least one (I) day wTitten notice to Parade Band Foundation, Inc. of the termination before the effective date of the termination. 4. Assignability Parade Band FOLmdation, Inc. shall not assign or transfer any interest in this Agreement without prior written consent of City. 5. Independent Contractor Parade Band Foundation, Inc. and any of the Parade Band Foundation, Inc.',; agents, employees or representatives are, for ~LflfPoses 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 Parade Band Foundation, Inc. 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 Parade Band Foundation, Inc., including naming the City, it officials, officers, agents, employees and volunteers as additional insured. 7. Hold Harmless Parade Band Foundation, Inc. agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, ofticers, agents and employees pursuant to the Group/Organization Waiver and Release of Liability executed by Parade Band Foundation, Inc. 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, 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 Parade Band Foundation, Inc. shall reimburse the City for all costs incurred by the City before, during, and after the Special Event. II. 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. 2-11 Dated: Attest: Donna Norris, CMC City Clerk Approved as to form: Bart Miesfeld City Attorney Dated: City of Chula Vista By: Cheryl Cox Mayor Parade Band Foundation, Inc. By: Charles Wolf Director 2-12 ATTACHMENT TO AGREEMENT Between the CITYOF CHOLA VISTA, a California municipal corporation and PARADE BAND FOUNDATION, INC. for OTA Y RANCH TOWN CENTER BAND REVIEW AND COMMUNITY FESTIVAL The Parade Band Foundation, Inc.'s shall perform the following to the satisfaction of the City Manager: I. Submit proof of insurance in the form of a Certificate of Insurance for $2 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 any overnight security. 3. Post applicable street closure signs and directional signs at least 48 hours in advance of the event. 4. 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 Parade Band Foundation will indemnity and hold the City of Chula Vista harmless for any injury or loss of any kind in connection with the event. 5. Provide adequate supervision of event spectators and participants to prevent damage to City property and landscaping. 6. Provide adequate and sufficient street barricades and supervlslOn to insure that no vehicles are permitted into the event area throughout the duration of the event. 7. Notify area residents and businesses, in writing, that the event is being held 48 hours prior to the event. 2-13