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HomeMy WebLinkAboutD-3 Staff Report - Car Show Event Co Sponsorship and SEPSCHEDULED ITEM D-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: JOSE D. JIMENEZ, DIRECTOR OF ECONOMIC & COMMUNITY DEVELOPMENT DATE: OCTOBER 16, 2023 SUBJECT: CONSIDERATION TO ALLOW FOR THE CO-SPONSORING OF THE “CRUISING BACK 2 ROUTE 66” CAR SHOW TO BE HELD ON NOVEMBER 5, 2023, WAIVING OF SPECIAL EVENT PERMIT APPLICATION FEES, AND ADOPTING A RESOLUTION TO ALLOW FOR LIMITED STREET CLOSURES FOR THE DAY OF THE EVENT. BACKGROUND: An application was received by the Economic and Community Development Department to allow for a Special Event Permit in conjunction with a vehicle cruising event, known as “Cruising Back 2 Route 66 Car Show” on November 5, 2023. As part of the request, the organizer would like to use this opportunity to also allow for a toy drive in conjunction with the car show. The event organizer expects approximately 350 vehicles to participate in the car show, while an estimated 2,500 individuals will be in attendance. The City will be co-sponsoring the event to assist with street closures and logistics. On August 21, 2023, the City Council considered and authorized waiving of some fees in order to allow for this event to take place. RECOMMENDATIONS: Staff recommends that the City Council take the following actions: 1) Authorize and adopt a Resolution No. 2023-C60 to allow for the temporary street closure and use of the public right-of way on Azusa Ave between 6th St. And Santa Fe Ave, and Foothill Blvd between San Gabriel Ave and Alameda Ave for Cruising Back 2 Route 66 Car Show and activities; and use of the City Parking lot on the east side of Azusa Ave north of Foothill Blvd for vendor tent and First Aid station; Approved City Council October 16, 2023 Car Show Event Co-Sponsorship October 16, 2023 Page 2 2) Authorize the City Manager to execute the Special Event Permit Agreement with the Louie Gomez of Cruising Back 2 Route 66, in a form acceptable to the City Attorney, o behalf of the City; and 3) Make a finding that the community at large will receive a public benefit with the Co- sponsorship by the City, and waiving some of the associated event costs. ANALYSIS: A request is being made to allow for the City of Azusa, along with the co-applicant Louie Gomez to host a car show, Cruising Back 2 Route 66, and toy drive in the City of Azusa on Sunday, November 5, 2023 between the hours of 10:00 AM and 4:00 PM. The event is intended to allow for the opportunity to showcase unique vehicles that will be strategically placed along the designated event area, primarily consisting of Azusa Avenue, where it meets Foothill Boulevard. Precise event area is provided below. The car show is intended to showcase vehicles along the streets that will be closed to through traffic. The closure will allow for the event organizer to also provide for supporting amenities such as an entertainment area within Azusa Avenue, where it meets Foothill Boulevard. To allow for the event, hard street closures will be required along Azusa Avenue, between East Sixth Street on the South and Santa Fe Avenue to the North. Along Foothill Boulevard, hard closures are being requested between San Gabriel Avenue to the West, and Alameda Avenue to the East. A map depicting the street closures is provided as part of ATTACHMENT 1 of this report. It is important to note, vehicle traffic along both North San Gabriel Avenue and Alameda Avenue will allow for traffic to and from the Canyon area to move unencumbered during the event. During the day of the event, hard street closures will begin at 7:00 AM to allow for event set up, while breakdown and full re-opening of the closed streets will occur no later than 6:00PM that evening. In anticipation for this event, the applicant along with City Staff have been working on a Traffic Control and Detour Plan. Said plan was prepared by the City and both closures and re- openings will be conducted by City staff. If approved, City Staff will be notifying all affected business owners and residents with physical handouts, coordination with building management companies, and mailers to go out no later than October 18, 2023. This will allow for at least two-week noticing so that local businesses are able to plan accordingly. Additionally, City staff will be working with our local businesses in the area to encourage them to participate in the day’s event. Other considerations, will include working with Foothill Transit and Metro to ensure their services can plan accordingly. The applicant is coordinating with Athens Services to provide for event related trash pick-up. Both Azusa Police Department and Los Angeles County Fire Department have been notified and will be available. While the City is co-sponsoring the event, the applicant will be asked to execute the Special Event Permit Agreement, provide required insurance, and comply with Conditions of Approval set by the Police Department, Public Works Department, Planning Division and the Los Angeles County Fire Department. Car Show Event Co-Sponsorship October 16, 2023 Page 3 Finding of Public Benefit The applicant is requesting the fees associated with the Special Event Permit, required trust account deposit and fees associated with staff time and the establishment 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. The recommended actions would authorize the closure and use of a portion of Azusa Avenue and Foothill Boulevard, along with the use of public parking lots in conjunction with the event, authorize the City Manager to execute a Special Event Permit Agreement, and make a finding of public benefit. FISCAL IMPACT: The proposed City Council resolution will grant the City the ability to waive the following City of Azusa Special Event Application fees: Processing the application, planning and coordination with city departments, Los Angeles County Fire and other outside agencies for the 2023 Cruising Back 2 Route 66 Car Show. This is a soft cost and a public benefit that can be realized due to the event’s goal of supporting and potential for increasing sales for our downtown restaurants and retail shops. However, hard costs such as staff time to perform street closures and re-openings, special event insurance premium, cleanup and other miscellaneous expenses for the event, will be shouldered by the co-sponsor of the event. Prepared by: Reviewed and Approved: Knarik Vizcarra Jose D. Jimenez Planning Manager Directorof Economic & Community Development Fiscal Review by: Reviewed and Approved: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Car Show Event Co-Sponsorship October 16, 2023 Page 4 Attachments: 1) Street Closure Map 2) Vendor Location Map 3) Special Event Permit Agreement 4) City Council Resolution No. 2023-C60 Car Show Event Co-Sponsorship October 16, 2023 Page 5 Attachment 1 Car Show Event Co-Sponsorship October 16, 2023 Page 6 Attachment 2 Special Event Permit Agreement – Cruising Back 2 Route 66 – November 5 2023 City Council Meeting – October 16, 2023 Page 1 of 7 CITY OF AZUSA AND ONELEGACY SPECIAL EVENT PERMIT AGREEMENT THIS SPECIAL EVENT PERMIT AGREEMENT (“Agreement”) is made this 16th day of October, 2023 by and between the CITY OF AZUSA, a municipal corporation of the State of California, (hereinafter, “City”), and Louie Gomez, event coordinator for Cruising Back 2 Route 66 (hereinafter, “Permittee”). City and Permittee are sometimes individually referred to herein as a “Party,” and collectively referred to herein as the “Parties”. RECITALS WHEREAS, On or about October 14, 2023, the City Council approved an application by Permittee to co-sponsor a car show along with the City, where the City will assist with logistics of street closures on Azusa Ave between 6th street and Santa Fe Ave, and Foothill Blvd between San Gabriel Ave and Alameda Ave. and, WHEREAS, City desires, under the conditions set forth herein, to permit Permittee to organize, promote, and operate Cruising Back 2 Route 66 Car Show (hereinafter, “Car Show Events”) 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 Car Show Events, which are subject to Permittee’s satisfaction of all the conditions imposed by the City (“Conditions”), as described in Exhibit “A”, and the “Traffic Control Plan and Medical Safety 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 Car Show Events. 2.Application of Agreement. The terms of this Agreement shall be limited to the following scheduled Car Show Event on Sunday, November 5, 2023: Street Closures/Set Up: 7:00 AM Event Duration: 10:00 AM – 4:00 PM Clean Up Starts: 4:00 PM Clean Up Ends/ Streets Re-Opens: Latest 6 PM Attachment 3 Special Event Permit Agreement – Cruising Back 2 Route 66 – November 5 2023 City Council Meeting – October 16, 2023 Page 2 of 7 SECTION II PERMITTEE’S OBLIGATIONS 1. 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. Permittee's indemnification obligations herein shall not apply to claims, demands, causes of action, costs, expenses, liability, loss, damage or injury arising from the action, errors, omissions or willful misconduct of the City, its directors, officials, officers, employees, volunteers and agents 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 the Car Show Events, 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. Special Event Permit Agreement – Cruising Back 2 Route 66 – November 5 2023 City Council Meeting – October 16, 2023 Page 3 of 7 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: (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 Cruising Back 2 Route 66 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: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability will not be required because Brooksee does not have employees in California. However, proof of Workers Compensation Insurance covering the Nevada employee will be required. 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. Special Event Permit Agreement – Cruising Back 2 Route 66 – November 5 2023 City Council Meeting – October 16, 2023 Page 4 of 7 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 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 the Car Show Events. 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 the Car Show Events, which representations, warranties and covenants shall survive the conduct of such events: A. The Car Show Events shall be conducted by Permittee and by individuals under its direct supervision. Permittee possesses the professional and technical personnel required to conduct the Car Show Events contemplated by this Agreement. B. Permittee shall designate Louie Gomez and/or Lavonne Morales designee, as its project manager and liaison with the City. C. The Car Show Events 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 the Car Show Events 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 Special Event Permit Agreement – Cruising Back 2 Route 66 – November 5 2023 City Council Meeting – October 16, 2023 Page 5 of 7 nature whatsoever that are legally required to conduct the Car Show Events (with the exception of the permits from the City). 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. 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 the Car Show Events. 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 Cruising Back 2 Route 66 Sergio Gonzalez Louie Gomez City Manager 213 E. Foothill Blvd. Azusa, CA 91702 (626) 812-5200 213-819-2842 Special Event Permit Agreement – Cruising Back 2 Route 66 – November 5 2023 City Council Meeting – October 16, 2023 Page 6 of 7 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 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 the Car Show Events 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. Special Event Permit Agreement – Cruising Back 2 Route 66 – November 5 2023 City Council Meeting – October 16, 2023 Page 7 of 7 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. CITY OF AZUSA CRUISING BACK 2 ROUTE 66 By: By: Sergio Gonzalez Louie Gomez City Manager CEO Date: Date: ATTEST: APPROVED AS TO FORM: By: By:___________________________ Jeffrey Lawrence Cornejo Best Best & Krieger LLP City Clerk City Attorney Date: Date: RESOLUTION NO. 2023-C60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING A TEMPORARY STREET CLOSURES ON PORTIONS OF AZUSA AVENUE AND FOOTHILL BOULEVARD FOR A CAR SHOW BETWEEN FOOTHILL BOULEVARD WHEREAS, it is the objective of the City of Azusa (“City”) to provide a safe environment for residents and visitors of the City; and WHEREAS, the City is Co-Sponsoring a Car Show, Cruising Back 2 Route 66, with Louie Gomez, to be held on Azusa Avenue between 6th Street and Santa Fe Avenue, and Foothill Boulevard between San Gabriel Avenue and Alameda Avenue; and WHEREAS, Section 21101(e) of the State of California Vehicle Code authorizes the City Council to temporarily close a portion of any street for special events when necessary for the safety and protection of persons who are to use the portion of the street during the temporary closing; and THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The following roads shall be closed at the locations, dates and times listed below: a. Azusa Avenue between 6th Street and Santa Fe Avenue from 7 am to 6 pm on Sunday, November 5, 2022. b.Foothill Boulevard between San Gabriel Ave and Alameda Avenue from 7 am to 6 pm on Sunday, November 5, 2022. c.Public Parking lot located north of Foothill Boulevard on the east side of Azusa Ave from 7 a.m. to 6 p.m. on Sunday, November 5, 2023. SECTION 2. The road closures listed in Section 1 of this Resolution are subject to the following conditions: a.The Director of Public Works/ City Engineer is directed to have signs placed with advance notification of the parking restrictions within the above‐described street closure areas and to implement a traffic control plan to close said street segments and detour traffic around the closure. b.Fire hydrants shall remain unobstructed at all times. c. The event area shall be accessible. d.All driveway areas, parking lot aisles, streets and sidewalks shall be maintained free and clear of any visual and physical obstructions and shall not impede, ingress, or egress pedestrian traffic, except for the barricaded areas. e.A 20” fire lane shall be maintained within the street. Attachment 4 2 PASSED, APPROVED AND ADOPTED this 16th day of October, 2023. ____________________________________ Robert Gonzales Mayor ATTEST: ____________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2022-C79 was duly adopted by the City Council, at a regular meeting of said Agency held on the 18th day of October 2022, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, MENDEZ, BECKWITH NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ___________________________________ Best, Best & Krieger, LLP City Attorney