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HomeMy WebLinkAbout2011/04/19 Item 06 ITEM TITLE: SUBMITTED BY: REVlEWEDBY: SUMMARY CITY COUNCIL AGENDA STATEMENT ,$} \ 'f:.. CITY OF ~CHULA VISTA APRIL 19,2011, ITEM fa 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 8, 2011 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 7, 2011 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 A VENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2011 AND AUTHORIZING MAYOR TO EXECUTE THE AGREEMENT COMMUNICATJO'WRJJfNATO~ . '-/ CITY MANAGER . / ASSISTANT CITY ANAGER q) 4/STHS VOTE: YES D NO ~ The Third Avenue Village Association (TAV A) is requesting the closure of Third Avenue and portions of other streets for two 2011 promotional events: . Cinco de Mayo Celebration on May 8 . Lemon Festival on August 7 6-1 APRIL 19,2011, ITEM ~ Page 2 of 4 The Cinco De Mayo Celebration is an annual event. To operate the festival, the TAVA requests that Third Avenue be closed between "E" and Alvarado streets from 4 a.m. - 10 p.m. on Sunday, May 8, 2011. 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 7. Activities will include live entertainment along with art, craft 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 of CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION That the City Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not Applicable DISCUSSION May 8, 20 II - Cinco de Mayo Celebration The TA V A is requesting the following for the 2011 Cinco De Mayo Celebration: 1. The closure of Third Avenue between "E" and Alvarado streets on Sunday, May 8 2. A waiver of business license taxes for the TA 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 AVA 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 orgauization (TAVA) 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 T A V A and vendors taking part in these events in order to encourage participation. The Muuicipal Code allows the Council to waive the business license requirement for those 6-2 APRlL 19,2011, lTEM ~ Page 3 of 4 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 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 A venue Village Association are listed in the agreement between the City and Third Avenue Village Association. August 7. 2011- Lemon Festival The TA V A is requesting the following for 2011 Lemon Festival: 3. The closure of Third Avenue between "E" and Alvarado streets, August 7, 2011 from 4 a.m. - 10 p.m.; and 4. A waiver of business license taxes for the TAVA and vendors taking part in each 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 TA V A 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 (TAVA) 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 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 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 participants at the event. 6-3 APRIL 19, 2011, ITEM ~ Page 4 of 4 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet ofthe boundaries of the property which is subject of this action. CURRENT YEAR FISCAL IMPACT The T A V A has requested that the business license taxes be waived for the events. The tax involved is a fee of $5 to the sponsoring organization (TA 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 VA will be required to pay for the City services associated with producing the event. ONGOING FISCAL IMPACT None. ATTACHMENTS o Group/Organization Waiver and Release of Liability . Duties of the Third Avenue Village Association for the Chula Vista Third Avenue Cinco De Mayo Celebration and the Chula Vista Third Avenue Lemon Festival. . Agreement between the City of Chula Vista and the Third Avenue Village Association for Special Events in 2011. Prepared by: Stephanie Kingston, Communications Coordinator, City Manager's Office 6-4 A.."~~~EN\ I Page 3 of 3 ~(f? -~-: CllYOF CHULA VISTA GROUP/ORGAN IZA TION WAIVER AND RELEASE OF LIABILITY ORGANIZATION/GROUP NAME:~ \U\ A.u~ l)'j e.., \(; \ \c\ [!-- ~~ 0(., 111-'\/ c:-..U EVENT NAME Q,\Y\L~ de..,'{{\(<YD ~ C0-l;V\e.a;;.lJ~-<o..- 't?\f-\!-{C-Ii"'Y::,Dl.O-. EVENT DATE: ~Uf.\'O 11-;) ffi 'A~ 8, ~D \'\- t;r-,,,,> 1A>VV' - 1""'- bu PM ON BEHALF OF THE ABOVE ORGANIZATION/GROUP, I expressly WAIVE, RELEASE and DISCHARGE the City of Chula Vista, its officers, agents, and employees or any other person from any and all LIABILITY for any death, disability, personal injury, property damage, property theft or actions, including any alleged or actual negligent act or omissions, regardless of whether such act or omission is active or passive which may accrue to myself or members of my organization/group or our heirs in connection with our participation in the above-described event. I fully understand and acknowledge that the CITY OF CHULA VISTA is relying on my representation that I have authorization to sign this document and that I will provide all members of my group a completed copy of this Waiver prior to our participation. I expressly tNDEMNIFY AND HOLD HARMLESS the City of Chula Vista, its elect.Eld and appointed officials, officers, agents and employees from any and all liabilities or claims made by me or my organization/group, my/our heirs and any other individuals or entities as a result of, or in anyway related to, or arising from, the event identified herein, any of my/our actions in connection with my/our participation in this event except for those claims arising from the sole negligence or sole willful conduct of the City, its officials, officers, employees, volunteers or other representatives. Such indemnification includes liability settlements, damage awards, costs and attorney fees associated with any such claims. I hereby certify that I have read this document, understand its content, and am authorized to sign this document on behalf of all members of the group I represent. DATE: SIGNATURE NAME C:>f'Uyy\C':~D;...I c1Please Print) TITLE: f;'-i--e.CJ'T'0 '" \;)\I...8'c:..'t-;)\~ ADDRESS 5';-2> I'h\(L'0 A-0(;l..)\.lE ~~,^\c, \ll.'s~J tA. ""\1\\0 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. 6-5 Page 3 of 3 ~\ft.- ~ ~- ~ CITY Of CHULA VISTA GROUP/ORGANIZA liON WAIVER AND RELEASE OF LIABILITY ORGANIZATION/GROUP NAME:\\-\W...D f',\-,e-.l':>U11 \l~l,u..,rtGe EVENT NAME: L &Tf\A t,N ~(%T\ \l ,A-L EVENT DATE S;\J }.l Of'.'1; \Cvu. Cu-J'i ! Jd-O I \ ON BEHALF OF THE ABOVE ORGANIZATION/GROUP, , expressly WAIVE, RELEASE and DISCHARGE the City of Chula Vista, its officers, agents, and employees or any other person from any and all LIABILITY for any death, disability, personal injury, property damage, property theft or actions, including any alleged or actual negligent act or omissions, regardless of whether such act or omission is active or passive which may accrue to myself or members of my organization/group or our heirs in connection with our participation in the above-described event. I fully understand and acknowledge that the CITY OF CHULA VISTA is relying on my representation that I have authorization to sign this document and that I will provide all members of my group a completed copy of this Waiver prior to our participation. ~6C. I expressly INDEMNIFY AND HOLD HARMLESS the City of Chula Vista, its elected and appointed officials, officers, agents and employees from any and all liabilities or claims made by me or my organization/group, my/our heirs and any other individuals or entities as a result of, or in anyway related to, or arising from, the event identified herein, any of my/our actions in connection with my/our participation in this event except for those claims arising from the sole negligence or sole willful conduct of the City, its officials, officers, employees, volunteers or other representatives. Such indemnification includes liability settlements, damage awards, costs and attorney fees associated with any such claims. I hereby certify that I have read this document, understand its content, and am authorized to sign this document on behalf of all members of the group I represent. DATE: \ ~ 1?\l 20], . SIGNATU:E ~~ NAME: CP\-t.iW\c..+~S"'0 (Please Print~ TITLE '2---!.- <'- (..0 ~ ~"z... ~)\4 -'- 6--\'ciV ADDRESS ?,~3, \~ \ \\.(1) frJb0 U ~ ~~V\.\c.. \J\S'Tf\) CI\- StC\.lD 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 feast 45 days prror to eVif.:..sgri date. Incompfete forms will not be processed. A,,~~!i;;~ ~ DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR CHULA VISTA THIRD AVENUE CINCO DE MAYO CELEBRATION ON MAY 8, 2011 1. The T A V A 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 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 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. 6-7 DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON AUGUST 7,2011 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. 6-8 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. 6-9 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 C'~..::,/, ,r.~..-.- /"" ---- Glen K'Googins City Attorney Dated: /1 ""; ! - {: I AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THIRD A VENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS IN 20 II 6-10 AGREEMENT Between the CITYOF CHULA VISTA, a California municipal corporation and THIRD AVENUE VILLAGE ASSOCIATION for SPECIAL EVENTS IN 20 II Recitals A. The Third A venue Village Association (T A VA) plans to stage two Special Events in 2011. B. These Special Events are the Cinco de Mayo Celebration, which will take place on May 8,20 II and the Lemon Festival, which will take place on August 7, 2011. C. The T AVA wishes to close Third Avenue and portions of other streets for these two Special Events. Agreement I. TAVA's Duties The T A VA shall perfonn each of the duties described in Attachments A and B, attached to this Agreement and 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 planning and staging of each Special Event. Staff shall coordinate two meetings between various City Departments and the T A VA to discuss all logistics, requirements, concerns and issues of both the City and the T A V A. Staff shall promote each Special Event on the City's website and in the City's online newsletter. Staff shall create an emergency contact list for each Special Event. 3. Term This Agreement is effective upon the execution of the Mayor and expires on December 31,2011. 4. T em1ination of Agreement If the TA V A Cails to fulfill, in a timely and proper manner, any ofT A VA's obligations or duties under this Agreement, or if the T A V A violates any of the covenants, agreements or stipulations of this Agreement, City has the right to terminate this Agreement by giving at least five (5) days written notice to the T A VA of the tennination before the effective date of the termination. 6-11 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 ,2011 in the City of Chula Vista, California. TAVA BY~ . ~ect:>(' CITY OF CHULA VISTA By: Cheryl Cox, Mayor Attest: Donna Norris, City Clerk Approved as to form by: Glen Googins, City Attorney 6-12 RESOLUTION NO. 2011- 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 8, 2011 FROM4:00A.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 ofthe City ofChula Vista established a Business Improvement Area on November 16, 1971, which created the Third Avenue Village Association (''1' A V A"); and WHEREAS, the TA V A has requested to close Third Avenue from "E" to Alvarado Streets including adjacent side streets to the alleyway in order to conduct the Cinco de Mayo Celebration on May 8, 20114:00 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 2011 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 15304( e) ofthe State 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 "E" Street to Alvarado Streets from 4:00 a.m. - 10:00 p.m. on May 8, 2011, for the purpose of the TA VA conducting the 2011 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 20] 1 Cinco de Mayo celebrations on May 8, 2011. Approved as to form by ~~~-' Glen R. Googins (:> '<:/'</7 '7 City Attorney Presented by James Sandoval City Manager 6-13 RESOLUTION NO. 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO ALVARADO STREET FOR THE CHULA VISTA LEMON FESTIVAL ON AUGUST 7, 201\ 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 ("'I' A V A"); and WHEREAS, theTA V A has requested to close Third A venue from "E" to Alvarado Streets in order to conduct the Lemon Festival on August 7, 2011 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 forT A V A and vendors participating in the 20 II 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 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 August 7, 2011, for the purpose ofthe T A V A conducting the 2011 Lemon Festival. BE IT FURTHER RESOLVED that the City Council of the City orChula 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 20 II Lemon Festival on August 7, 20 II. Presented by Approved as to form by James Sandoval City Manager ~~~ Glen R. Goo~ D 0.--7 '7 City Attorney 6-14 RESOLUTION NO. 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN TI-IE CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2011 AND AUTHORIZING THE MA YOR TO EXECUTE THE AGREEMENT WHEREAS, the City Council of the City ofChula Vi~taestablished a Business Improvement Area on November 16,1971, which created the Third Avenue Village Association ("TA 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 2011. 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 2011, a copy of which ~hall be kept on file in the otllce 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 by Approved as to form by James Sandoval City Manager ...-/L-:> ~- - ... /~ --- .~--- Glen R. Googins D 'fj? <..'7 '--/ City Attorney 6-15 ~- ~