HomeMy WebLinkAboutD-1 Staff Report - Special Event Permit - Azusa Chamber of Commerce Taste of the TownSCHEDULED ITEM
D-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: CARINA CAMPOS, ECONOMIC DEVELOMENT SPECIALIST
DATE: AUGUST 15, 2022
SUBJECT: CONSIDERATION OF APPROVAL OF A SPECIAL EVENT PERMIT
APPLICATION BY THE AZUSA CHAMBER OF COMMERCE TO HOST
TASTE OF THE TOWN ON ALAMEDA AVENUE BETWEEN FOOTHILL
BOULEVARD AND SANTA FE AVENUE
BACKGROUND:
The Azusa Chamber of Commerce (“Chamber”) traditionally has participated in the Annual
Golden Days Celebration. For several years, the Chamber has hosted successful Taste of the
Towns generating participation from local restaurants, eateries, breweries and wineries. Their
staple event attracts residents and visitors from the surrounding community making Taste of the
Town a sought-out event during Golden Days. Coordinating an event during Golden Days is part
of the Chamber’s community involvement as required by the Funding and Support Agreement
between the City and the Chamber. At this time, the Chamber is requesting consideration of
approval of a Special Event Permit to utilize the City’s right-of-way and public parking lots to
host this year’s Taste of the Town on Tuesday, October 4, 2022 and make a finding of public
benefit.
RECOMMENDATIONS:
Staff recommends the City Council take the following actions:
1)Authorize the closure and use of the public right-of-way on Alameda Avenue between
Foothill Boulevard and Santa Fe Avenue;
APPROVED
CITY COUNCIL
8/15/2022
Taste of the Town
August 15, 2022
Page 2
2) Authorize the use of public parking lots located north of City Hall, the public parking
located on the northwest corner of Alameda Avenue and Foothill Boulevard and the
parking located at the Senior Center;
3) Authorize the City Manager to execute the Special Event Permit Agreement with the
Azusa Chamber of Commerce for Taste of the Town in a form acceptable to the City
Attorney, on behalf of the City; and
4) Make a finding that the community at large will receive a public benefit from the
expenditure of funds for the recommended items and waive associated costs.
ANALYSIS:
The Chamber will be hosting their annual ‘Taste of the Town’ event on Tuesday, October 4,
2022 during the Golden Days festivities. The Chamber is seeking authorization to utilize
Alameda Avenue between Foothill Boulevard and Santa Fe Avenue as their venue location and
the City’s public parking lots located north of City Hall, on the northwest corner of Alameda
Avenue and Foothill, and the parking located at the Senior Center. Attached is a draft site plan.
More or less, the event would consist of various local restaurants, eateries, breweries and
wineries providing small bite-size samples to event attendees. In the past, the Chamber has seen
the attendance of over 300 guests and it’s anticipated the same level of attendance would be
generated for this year’s Taste of the Town. Event details will be included as part of their
Operation Statement in their Application. A security plan will also be required as part of their
Application to create a safe space for the consumption of alcohol. The Chamber will be required
to provide proof of approval from the California Department of Alcoholic Beverage Control and
Department of Public Health.
Special Event Permit
Per the Azusa Municipal Code Section 88.51.030.D3, City Council approval is required of
activities conducted on public property or public right-of-way. Such approval is granted by the
approval of Special Event Permit. Prior to processing the Permit, Staff is seeking approval from
the City Council for the utilization of the City’s public right-of-way and public parking lots. The
processing of a Special Event Permit requires and is not limited to the submission of the
documents listed below. All application documents will be reviewed by the City’s various
Departments and Divisions such as but not limited to Planning, Building, Azusa Light & Water,
Police, Public Works/Engineering and LA County Fire to ensure the health and safety of the
public. The cost to process and issue a Special Event Permit is $5,750. As part of the Special
Event Permit Agreement, Applicants are generally required to provide a deposit of $5,000 into a
trust account prior to the event so that the City may be reimbursed for any personnel and
administrative costs.
Required Documents at the time of
application
Required Documents prior to the issuance of
the Permit
• Planning Application • California Department of Alcoholic
Taste of the Town
August 15, 2022
Page 3
• Site Plan
• Operation Statement
• Traffic Control Plan
• Security Plan
Beverage Control Approval
• Department of Public Health Approval
• Certificate of Liability Insurance and
Endorsement
Traffic Control
Hosting the event will require the closure of a public street. A traffic control plan will need to be
prepared and implemented. While City Staff has a previous traffic control plan used on Alameda
Avenue, it will require Staff time to set up and take down the traffic control as well as the use of
City’s equipment such as water filled barricades, cones, signs and others as needed. An estimated
cost of labor to implement the traffic control plan is $2,000 in addition to the actual use of the
traffic control equipment.
Access to Equipment
The Chamber will be responsible for securing event equipment such as but not limited to
perimeter fencing, canopies, tables, chairs, stage, speaker and microphone system, and access to
power for its vendors etc. The City’s contribution is limited to the recommended actions.
Finding of Public Benefit
The Chamber is requesting the fee associated with the Special Event Permit, required trust
account deposit and fees associated with staff time and the use of traffic control equipment be
waived. The following is a list of anticipated public benefits as a result of finding of public
benefit expenditure:
• Encourages community-oriented activity
• Provides space for a pedestrian-friendly environment
• Promotes an active street environment
• Encourages shop local, shop Azusa
The Event is consistent with objectives of the General Plan:
Economic Development Goal 1: Build and maintain a strong, diverse economy in
Azusa.
Economic Development Policy 1.2
Maintain a “business climate” in Azusa that
communicates the City’s support for business.
Economic Development Goal 10: Strengthen the retail and commercial base.
Economic Development Policy 10.3 Target and tap into the main customer bases more
directly. Make Azusa into a destination retail site for the
sub-region’s population.
Taste of the Town
August 15, 2022
Page 4
The recommended actions would authorize the closure and use of Alameda Avenue between
Foothill Boulevard and Santa Fe Avenue, authorize the use of public parking lots, authorize the
City Manager to execute a Special Event Permit Agreement and make a finding of public benefit.
FISCAL IMPACT:
The fiscal impact associated with the recommended actions are the waiving of the Special Event
Permit fee in the amount of $5,750, costs associated with Staff time to prepare and implement
the traffic control plan in the amount of $2,000 for a total of $7,750 in addition to undetermined
soft costs related to use of the City’s traffic control equipment.
CEQA:
ENVIRONMENTAL DETERMINATION: Categorically Exempt.
In accordance with Section 88.50.070 of AMC, every proposed project must be reviewed as
required by the California Environmental Quality Act (CEQA) to determine whether the project
is exempt from the requirements of CEQA or not a “project” as defined by CEQA, whether a
negative declaration may be issued, or whether an environmental impact report (EIR) is required.
The proposed project is exempt from environmental review under the California Environmental
Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) and the State CEQA Guidelines
(Cal. Code Regs, tit. 14, §§ 15000 et seq.). Specifically, the project is categorically exempt from
CEQA under Guidelines Section 15304 (Class 4 – Minor Alteration of Land) and Section 15305
(Class 5 - Minor Alterations in Land Use Limitations) because for the purposes of CEQA, the
proposed project will be a minor temporary use of land having negligible or no permanent effects
on the environments, including Special Event Permit for the temporary street closure for a
community event.
Prepared by: Reviewed and Approved:
Carina Campos Nico De Anda-Scaia
Economic Development Specialist Deputy City Manager
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachments:
1) Taste of the Town Draft Site Plan
2) Draft Special Event Permit
Draft Taste of the Town Site Plan
Draft Taste of the Town Site Plan
Special Event Permit Agreement – Azusa Chamber of Commerce Taste of the Town – October 4, 2022
City Council Meeting – August 15, 2022
Page 1 of 10
SPECIAL EVENT PERMIT AGREEMENT
BETWEEN THE CITY OF AZUSA AND THE AZUSA CHAMBER OF COMMERCE
THIS SPECIAL EVENT PERMIT AGREEMENT (“Agreement”) is made this 15th day
of August, 2022 by and between the CITY OF AZUSA, a municipal corporation of the State of
California, (hereinafter, “City”), and the Azusa Chamber of Commerce, a Non-Profit 501.C.3
(hereinafter, “Permittee”). City and Permittee are sometimes individually referred to herein as a
“Party,” and collectively referred to herein as the “Parties”.
RECITALS
WHEREAS, Permittee is a federally designated and regulated not-for-profit Organization
dedicated to building a vibrant and prosperous community through business leadership and is
hosting their annual Taste of The Town event on October 4, 2022
WHEREAS, On or about August 15, 2022, the City Council approved the closure and use
of the public right-of-way on Alameda Avenue between Foothill Boulevard and Santa Fe
Avenue, the use of public parking lots located north of City Hall and on the northwest corner of
Alameda Avenue and Foothill Boulevard to allow the Permittee to host the annual Taste of the
Town event, and
WHEREAS, City desires, under the conditions set forth herein, to permit Permittee to
organize, promote, and operate the Azusa Chamber of Commerce’s annual Taste of the Town
event (hereinafter, “Taste of the Town”) in the City.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE:
SECTION I
PERMIT
1. Permitted Activities. City grants to Permittee Special Event Permits to conduct
the Taste of the Town, which are subject to Permittee’s satisfaction of all the conditions of
approval imposed by the City (“Conditions”), as described in Exhibit “A”, and the “Traffic
Control Plan” as described in Exhibit “B”. Exhibits “A” and “B” are attached hereto and
incorporated herein by reference. Permittee shall use its best efforts to satisfy such conditions
and plans to enable it to organize, promote, and operate the Taste of the Town.
2. Application of Agreement. The terms of this Agreement shall be limited to the
following scheduled Taste of the Town event on Tuesday, October 4, 2022:
Special Event Permit Agreement – Azusa Chamber of Commerce Taste of the Town – October 4, 2022
City Council Meeting – August 15, 2022
Page 2 of 10
Set Up: TBT
Event Time: TBD
Clean Up Starts: TBD
Clean Up Ends: TBD
Street Re-Opens: TBD
SECTION II
PERMITTEE’S OBLIGATIONS
1. Costs Related to the Taste of the Town. Permittee shall be liable for all costs
incurred by the City related to the Taste of the Town, including, without limitation, police
service, public works, parks and recreation, risk management and other services rendered by the
City as deemed necessary and in the interest of public safety and in the best interests of the City
as determined in the sole discretion of the City (“Event Costs”). The Event Costs for the Taste
of the Town Events shall be paid in full by the Permittee with the City Finance Department in
cash, or other immediately available funds within twenty four (24) hours following receipt of
written notification from the City, in its sole discretion, to compensate the City in full for the
total actual Event Costs for Taste of the Town.
In determining the Event Costs for Taste of the Town, the City shall consider information
submitted by Permittee with respect to the Event Costs. Notwithstanding, the final determination
with respect to the Event Costs shall be made by the City and such determination shall be final
and binding on Permittee.
2. Non-Participation by City. The parties acknowledge and agree that the City is
neither a participant in or a sponsor of any Taste of the Town and that Taste of the Town is being
conducted exclusively by Permittee. It is the intent and desire of the City to ensure that all
individuals and entities, including, without limitation, the sponsors of Taste of the Town, each
and every participant in Taste of the Town, all employees, contractors and agents of Permittee
and the general public are clearly informed that the City is neither a participant in or a sponsor of
Taste of the Town. Accordingly, Permittee represents, warrants and covenants that all
publications relative to Taste of the Town, whether verbal or in writing, as well as all literature
and documents relative to Taste of the Town, including, without limitation, advertising materials,
license agreements, applications for participants as well as all subcontracts, shall contain clear
and unambiguous language indicating the City is neither a participant in or a sponsor of Taste of
the Town. Such notification shall be in all languages as are reasonably necessary to notify all
sponsors and participants. Further, the City shall have the right to review and approve, in its sole
discretion, all publications pertaining to Taste of the Town, including, without limitation,
advertising materials, license agreements, applications for participants as well as all subcontracts.
Special Event Permit Agreement – Azusa Chamber of Commerce Taste of the Town – October 4, 2022
City Council Meeting – August 15, 2022
Page 3 of 10
3. Indemnification. To the fullest extent permitted by law, Permittee shall defend,
indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents
free and harmless from any and all claims, demands, causes of action, costs, expenses, liability,
loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful
death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or
omissions, or willful misconduct of Permittee, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of this Agreement, including without
limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and
other related costs and expenses.
To the fullest extent permitted by law, Permittee shall defend, with counsel of City’s
choosing and at Permittee’s own cost, expense and risk, any and all claims, suits, actions or other
proceedings of every kind covered by this Section that may be brought or instituted against City
or its directors, officials, officers, employees, volunteers and agents. Permittee shall pay and
satisfy any judgment, award or decree that may be rendered against City or its directors, officials,
officers, employees, volunteers and agents as part of any such claim, suit, action or other
proceeding. Permittee shall also reimburse City for the cost of any settlement paid by City or its
directors, officials, officers, employees, agents or volunteers as part of any such claim, suit,
action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees
and costs, including expert witness fees. Permittee shall reimburse City and its directors,
officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Permittee’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received
by the City, its directors, officials officers, employees, agents, or volunteers.
4. Insurance. Without limiting Permittee’s indemnification of City, Permittee shall
obtain and provide and maintain at its own expense to insure and cover the activities relative to
Taste of the Town, policies of liability insurance of the type and amounts described below and
satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that
insurer to bind coverage on its behalf and shall be filed concurrently with the Parties’ execution
of this Agreement. Said policies shall add as insureds the City, its elected officials, officers,
employees, volunteers and agents for all liability arising from Permittee’s services as described
herein.
A. Permittee shall provide to City, certificates of insurance with original endorsements, and
copies of policies, with the following insurance, with A.M. Best’s rating of no less than A:VII
and authorized to transact business of insurance in the State of California, or
otherwise allowed to place insurance through surplus line brokers under applicable provisions of
the California Insurance Code or any federal law:
Special Event Permit Agreement – Azusa Chamber of Commerce Taste of the Town – October 4, 2022
City Council Meeting – August 15, 2022
Page 4 of 10
(1) Commercial General Liability: Commercial General Liability
Insurance which affords coverage at least as broad as Insurance Services Office “occurrence”
form CG 0001, or the exact equivalent, and shall be no less than $2,000,000 per occurrence and
no less than $5,000,000 in the general aggregate, providing that the Permittee shall each obtain
its own policy and shall not be included as part of a larger umbrella policy. Defense costs shall
be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) restrict coverage to “sole” liability of Permittee; or (4) contain any
other exclusion contrary to the Agreement.
(2) Automobile Liability Insurance: Automobile Liability Insurance
with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any
Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all
activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence.
(3) Workers’ Compensation: Permittee shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limites of
at least $1,000,000).
Permittee shall submit to the City, along with the Certificate of Insurance, a Waiver of
Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers.
B. All required policies shall be endorsed to provide the following:
(1) Policies shall not be suspended, voided, canceled by either party,
or reduced in coverage or in limits except after Seventy-Two (72) Hours’ prior notice has been
given in writing to City.
(2) Policies shall contain or be endorsed to waive subrogation against
the City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Permittee or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss.
(3) Policies shall be primary and any other insurance, deductible, or
self-insurance maintained by the indemnified parties shall not contribute with this primary
insurance.
In the event any policy of insurance required under this Agreement does not comply with these
specifications or is canceled and not replaced, City has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by City will be promptly reimbursed by
Special Event Permit Agreement – Azusa Chamber of Commerce Taste of the Town – October 4, 2022
City Council Meeting – August 15, 2022
Page 5 of 10
Permittee. City may cancel this Agreement in the event any policy of insurance required under
this Agreement does not comply with these specifications or is canceled and not replaced.
C. Permittee shall give to City prompt and timely notice of claim made or suit instituted
arising out of Permittee’s activities hereunder. Permittee hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants. Permittee shall also procure and maintain, at its own cost and expense, any
additional kinds of insurance, which in its own judgment may be necessary for its proper
protection relative to the conduct of Taste of the Town.
SECTION III
REPRESENTATIONS, WARRANTIES AND COVENANTS
1. Representations, Warranties and Covenants. Permittee makes the following
representations, warranties and covenants for the benefit of City and to induce the City to
consider its application for a permit to conduct Taste of the Town, which representations,
warranties and covenants shall survive the conduct of such events:
A. Taste of the Town shall be conducted by Permittee and by individuals
under its direct supervision. Permittee possesses the professional and technical personnel
required to conduct Taste of the Town contemplated by this Agreement.
B. Permittee shall designate Steve Castro, Chief Executive Officer President
of the Azusa Chamber of Commerce, as its project manager and liaison with the City.
C. The Taste of the Town conducted by Permittee will conform to all
applicable City, county, state, and federal law and requirements.
D. All personnel engaged by Permittee in the conduct of Taste of the Town
are fully qualified and are authorized or permitted under City, county, state and federal law to
conduct such activities. Permittee has all licenses, permits, qualifications and approvals of any
nature whatsoever that are legally required to conduct Taste of the Town. Permittee shall keep in
effect all such licenses, permits, and other approvals during the term of this Agreement.
E. All appropriate actions have been taken by Permittee to authorize its entry
into this Agreement and the performance of its terms. All individuals executing this Agreement
on behalf of Permittee are authorized to execute this Agreement and all appropriate actions
relative to such authorization have been taken.
Special Event Permit Agreement – Azusa Chamber of Commerce Taste of the Town – October 4, 2022
City Council Meeting – August 15, 2022
Page 6 of 10
SECTION IV
GENERAL PROVISIONS
1. Prohibition Against Transfers. Permittee shall not assign, sublease, hypothecate,
or transfer this Agreement, or any interest therein, directly or indirectly by operation of law
without the prior written consent of the City. Any attempt to do so without said consent shall be
null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or
interest by reason of such attempted assignment, hypothecation, or transfer.
2. Termination.
A. City may, by written notice to Permittee, terminate the whole, or any part,
of this Agreement at any time and without cause by giving written notice to Permittee of such
termination, and specifying the effective date thereof, at least thirty (30) days before the effective
date of such termination. Permittee may not terminate this Agreement except for cause.
B. In the event this Agreement is terminated, in whole or in part, as provided
in paragraph A of this section, City may permit any other person or entity upon such terms, and
in such manner as it may determine appropriate, to conduct Taste of the Town.
3. Notices. The persons and their address having authority to give and receive
notices under this Agreement are as follows:
CITY PERMITTEE
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
(626)812-5200
Attn: Nico De Anda-Scaia, Deputy
City Manager
Azusa Chamber of Commerce
240 W. Foothill Blvd.
Azusa, CA 91702
(626)334-1507
Attn: Steven Castro, Chief
Executive Officer
Any notices from either party to the other shall be given in writing to the attention of the persons
listed above, or to other such addresses or addressees as may hereafter by designated in writing
for notices by either party to the other. Notice shall be given by certified, express, or registered
mail, return receipt requested, and shall be effective as of the date of receipt indicated on the
return receipt card.
4. Attorneys’ Fees. If either party commences an action against the other party,
either legal, administrative or otherwise, arising out of or in connection with this Agreement, the
Special Event Permit Agreement – Azusa Chamber of Commerce Taste of the Town – October 4, 2022
City Council Meeting – August 15, 2022
Page 7 of 10
prevailing party in such litigation shall
be entitled to have and recover from the losing party reasonable attorney's fees and all other costs
of such action.
5. Entire Agreement. This Agreement contains the entire agreement between City
and Permittee with respect to the subject matter hereof and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a writing signed by
both parties.
6. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of California. Venue shall be in Los Angeles County.
7. City Liaison. The City shall make available to Permittee a liaison on the City
staff that shall be available for the coordination of Taste of the Town with Permittee.
8. Recitals. The recitals constitute a material part of this Agreement and are hereby
incorporated herein by reference as though fully set forth hereat.
9. Binding Effect. The terms of this Agreement shall be binding on the successors
and assigns of each party to this Agreement.
10. Invalidity and Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court or competent jurisdiction, the remaining provisions
shall continue in full force and effect.
11. Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a party shall give the other party any contractual rights
by custom, estoppels, or otherwise.
12. Cooperation: Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
13. Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute on original.
IN WITNESS WHEREOF, the Parties hereby execute this Agreement effective upon the day and
year first above written.
[SIGNATURES ON THE FOLLOWING PAGE]
Special Event Permit Agreement – Azusa Chamber of Commerce Taste of the Town – October 4, 2022
City Council Meeting – August 15, 2022
Page 8 of 10
CITY OF AZUSA AZUSA CHAMBER OF COMMERCE
By: By:
Sergio Gonzalez Steven Castro
City Manager Chief Executive Officer
Date: Date:
ATTEST: APPROVED AS TO FORM:
By: By:___________________________
Jeffrey Lawrence Cornejo Best Best & Krieger LLP
City Clerk City Attorney
Date: Date:
Special Event Permit Agreement – Azusa Chamber of Commerce Taste of the Town – October 4, 2022
City Council Meeting – August 15, 2022
Page 9 of 10
EXHIBIT A
To the Special Event Permit Agreement
Conditions of Approval
Special Event Permit Agreement – Azusa Chamber of Commerce Taste of the Town – October 4, 2022
City Council Meeting – August 15, 2022
Page 10 of 10
EXHIBIT B
To the Special Event Permit Agreement
Traffic Control Plan