13) 10B Support of 2015 Temple City Camellia Festival ocr[Icon]

AGENDA
ITEM 10.8.
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
DATE:
December 16, 2014
TO:
The Honorable City Council
FROM:
Bryan Cook, City Manager
1\. ./)..y
By: Cathy Burroughs, Director of Parks and Recreation \:.¥
SUBJECT:
REQUEST FROM THE TEMPLE CITY CAMELLIA FESTIVAL FOR
SUPPORT AND AUTHORIZATION FOR USE OF STREETS AND
FACILITIES FOR THE 2015 CAMELLIA FESTIVAL
RECOMMENDATION:
City Council support for the 201.5 Camellia Festival is requested as follows:
a)
Authorize use of streets and facilities including temporary parking bans and street
closures for the festival and parade as identified in the attached Request for City
Support from the Temple City Camellia Festival (Attachment "A");
b)
Approve consumption of alcohol in Temple City Park, pursuant to Section 4-4-0 of
the Temple City Municipal Code (TCMC);
c)
Approve food trucks adjacent to Temple City Park;
d)
Authorize sponsor banners in Temple City Park pursuant to Section 3-5D-1 0 of the
TCMC;
e)
Authorize City staff to hang a street banner on Las Tunas Drive in front of Temple
City Park;
f)
Approve Facilities Use Agreement with First Baptist Church of Temple City
(Attachment "B");
g)
Authorize City staff to assist in publicizing the 2015 Camellia Festival on City's
website, Connect magazine, and social media profiles; and
h)
Authorize certain local community organizations, to sell food , patches, etc. along the
parade route.
City Council
December 16, 2014
Page 2 of 4
BACKGROUND:
1.
In 1944, the first Camellia Festival (Festival), sponsored by the Women's Club of
Temple City, was held.
2.
In 1960, the Festival became a joint venture of the City of Temple City and the
Temple City Chamber of Commerce.
Festival activities were planned and
coordinated by the Temple City Camellia Festival (TCCF) Executive Board (Board),
a volunteer organization. Operating expenses for the Festival are funded by the
Festival's revenue and the funds are kept separate from the City.
3.
In 1990, the City became the sole sponsor of the Festival and continues to sponsor
Festival events annually. As the sponsor of the Festival, the City provides insurance,
staff support, and facilities for Festival events.
4.
On October 15, 2013, the City Council approved several requests from the TCCF
Board, to commemorate the Festival's 70th anniversary including, most notably,
closing Las Tunas to allow carnival rides in the street and a permit to serve alcohol
throughout the weekend.
5.
On October 23, 2014, Administrative Services Director Tracey Hause, Parks and
Recreation Director Cathy Burroughs and Festival Director Nanette Fish met with
Maria Galvan from the California Joint Powers Insurance Authority (CJPIA) to
discuss liability issues and concerns in regards to the Festival, including
recommended waivers, applications, and agreements.
6.
On November 11, 2014, Assistant City Attorney Greg Murphy approved the new
and/or revised applications, agreements, and waivers as recommended by CJPIA.
7.
On November 21,2014, Festival Director Fish submitted a Request for City Support
for the 2015 Camellia Festival.
ANALYSIS:
In 2014, the Festival celebrated its 70th anniversary. Due, in part, to the 70th anniversary,
the Festival's Board recommended, and the City Council approved, several changes for
the 2014 Festival including:
•
•
•
•
Closure of Las Tunas Drive, between Kauffman Avenue and Golden West Avenue
for carnival rides and attractions;
A beer/wine garden;
Food trucks on Friday evening; and
Concerts, featuring bands from the City's summer concert series, on Saturday
evening and Sunday afternoon .
City Council
December 16, 2014
Page 3 of 4
The 2014 Festival was one of the most successful, both financially and in regards to
attendance, in recent history due, at least in part, to the above mentioned changes. The
TCCF Board is requesting similar approvals for 2015 as outlined in the attached Request
for City Support.
For many years, the TCCF Board, City officials, and staff, planned and coordinated the
annual Camellia Festival on the basis that the TCCF was a recognized non-profit
organization.
However, documentation has never been located to support this.
Therefore, the TCCF Board recently submitted the required information (i.e. Applications,
Articles of Incorporation, By-Laws, etc.) to both the Secretary of State and the IRS to
formalize the non-profit status of the TCCF. Both agencies have acknowledged receipt
of the paperwork, however the non-profit designation has not been finalized and likely
won't be for another several months. Because the TCCF is not, at this time, a legally
approved non-profit organization, the City, as the sole sponsor, should execute all
agreements and/or contracts.
After meeting with City staff and the Festival Director, CJPIA has recommended several
changes to the operations of the Festival to reduce the risk associated with this type of
event and to provide additional protection to the City as the sole sponsor. In particular
CJPIA has requested all participants in the parade sign a waiver holding the City harmless
in the event of injury (including school bands, walking units, vehicle drivers and
dignitaries). All organizations operating a food or game booth will be required to complete
and sign an agreement and provide insurance endorsements, naming the City as an
additional insured, and to indemnify the City and the TCCF from all claims arising out of
their participation in the Festival. Entertainers, whether paid or not, must also sign a
contract which includes an indemnity clause. The City Attorney's office has reviewed and
approved all applications, waivers, and agreements.
In addition to the above, CJPIA and staff, recommend the City purchase special event
insurance for the 2015 Camellia Festival which adds another layer of protection fo r the
City. The coverage provides liability insurance when the City's premises are used for
special events such as art festivals, parades, block parties, and member-sponsored
events such as street fairs and carnivals. All events must be approved and rated by the
insurance carrier. Members administer the program, accepts funds, and issue certificates
of insurance online with Alliant Insurance Services, with whom the CJPIA contracts for
this program. There is no deductible, and the member is added as an additional insured,
if entered on the certificate . Liability limits are purchased in $1,000,000 per occurrence
increments. The estimated premium for the special event insurance this year is $2,500.
The City Council is requested to review and approve the requests from the Festival as
identified in the Camellia Festival's Request for City Support. City staff is not aware of
any issues or concerns with the expanded event last year and recommends approval.
City Council
December 16, 2014
Page 4 of 4
CONCLUSION:
The Festival will be celebrating its ?1st anniversary in 2015. The TCCF Board is
requesting the City's support and sponsorship for the upcoming Festival. The City
Council is requested to review and approve the various items identified on the Festival's
Request for City Support.
FISCAL IMPACT:
The City Council as part ofthe Fiscal Year (FY) 2014-15 City Budget has appropriated funds
for this event, the majority of which is staff costs in support of the parade and the three day
carnival. Funds are available for the special event insurance in account# 01-940-57-4630
R15-07. It is not anticipated that the request from the Festival Board will have an additional
impact on the FY 2014-15 City Budget.
ATTACHMENT:
A.
B.
Request for City Support from Temple City Camellia Festival
Facilities Use Agreement- First Baptist Church of Temple City
ATTACHMENT A
REQUEST FOR CITY SUPPORT
2015 CAMELLIA FESTIVAL
The Camellia Festival is looking forward to working with the City of Temple City in formulating plans
for the 71 51 Annual Camellia Festival of Temple City. The Festival Executive Board is requesting
City Council consideration of the following:
CITY FACILITIES
• Use of Live Oak Park Community Center and Community Room for various event
functions including meetings, float workshops, Royal Court play day and Coronation;
waiver of all fees and deposits for use of the facilities.
•
Use of Temple City Park for festival activities from 12 noon Wednesday (2/18/15) until 6
a.m. Monday (2/23/15);
•
Use of parking lots behind City Hall, Civic Center, and the Los Angeles County Library
(subject to County approval and waiver of fee) for festival activities from 8 a.m. Wednesday
(2/18/15) until 6 a.m. Monday (2/23/15);
•
Approval of permit for consumption of alcohol in City park, pursuant to section 4-4-0 of
TCMC, Friday (2/20/15)- Sunday (2/22/15)
STREET & ROADWAYS
• Temporary parking ban and street closure on Las Tunas Drive between Kauffman
Avenue and Golden West Avenue from 12 noon Wednesday (2/18/15) until 6:00 a.m.
Monday (2/23/15) for carnival rides and games (detour route and street closure maps
attached);
•
Temporary parking ban and street closure on Las Tunas Drive from Rosemead
Boulevard to Kauffman Avenue on Saturday (2/21/15) from 6:00 a.m. until 1:00 p.m. for
parade and parade assembly;
•
Temporary parking ban and street closure on Las Tunas Drive from Golden West
Avenue to Rowland on Saturday (2/21/15) from 6:00 a.m. until 3:00 p.m. for band
disbursement;
•
Temporary parking ban on south side of Las Tunas Drive between Temple City Boulevard
and Camellia Avenue from Friday morning (2/20/15) to Saturday afternoon (2/21/15) for
installation and removal of grandstands and bleachers;
•
Temporary parking ban and street closure on Sultana, from Broadway to Hermosa for
parade participants on Saturday morning (2/21/15) from 6 a.m. until 1p.m.;
•
Temporary parking ban and street closure on Kauffman Avenue from Las Tunas Drive to
Workman Avenue for parade disbanding on Saturday morning (2/21/15) from 6:00 a.m.
until 1:00 p.m.
Request for City Support
2015 Camellia Festival
Page 2
•
Temporary parking ban on Broadway between Encinita and Sultana for the purpose of
unloading bands and equipment from 6:00a.m. until 1:00 p.m. on Saturday (2/21 /15);
•
Temporary parking ban on Hermosa between Rosemead Boulevard and Encinita, on
Lorna between Las Tunas Drive and Hermosa, and on Hart between Las Tunas Drive
and Hermosa on Saturday (2/21/15) from 6:00a.m. until 1:00 p.m. for drop-off of parade
participants;
•
Temporary parking ban on Woodruff between Rowland and Kauffman for bus route to the
Temple City First Baptist Church parking lot from 6:00 a.m. until 3:00 p.m. on Saturday
(2/21/15);
•
Temporary parking ban on Rowland Avenue from Las Tunas Drive to Garibaldi for bus
parking, from 6:00a.m. until noon on Saturday (2/21/15);
•
Temporary parking ban on the west side of Golden West from Las Tunas Drive to the
Library driveway for food trucks and from 2:00 to 10 p.m. on Friday (2/20/2015).
MISCELLANEOUS
• Use of poles on Las Tunas Drive, between Kauffman Avenue and Golden West Avenue,
for advertising street banner (City staff to install banner);
•
Authorization to hang sponsor banners in Temple City Park;
•
Approval of Facilities Use Agreement with First Baptist Church of Temple City for use of the
parking lot for band bus parking and the hall for the Camellia Festival Luncheon;
•
City contribution of $50 to each organization that constructs and enters a float in the
parade, for a total amount not to exceed $400;
•
Authorization for certain local youth and community organizations, as recommended by the
Camellia Festival Committee, to sell food, patches, etc. along the parade route; and
•
Authorization for City staff to assist in publicizing the 2015 Camellia Festival on the City's
website and social media profiles.
ATTACHMENT B
1
A
FIRST BAPTIST CHURCH
OF TEtv1PLE CITY
Facilities Use Agreement
This agreement by and between First Baptist Church, 6019 Baldwin Ave ., Temple City, California 91780,
("Owner") and the City of Temple City for the Temple City Camellia Festival, ("User"), Will take effect on
the 20 day of February, 2015 and will continue for a period of two days.
WHEREAS, Owner owns premises located 6019 Baldwin Ave., Temple City, California 91780, which is
normally used for church related ministries, and
WHEREAS, User desires to use the 1) Gymnasium (with kitchen) and 2) Parking Lot areas of the facilities
for the purpose of 1) Luncheon and 2) disbursement of the school bands and bus parking, and
WHEREAS, Owner has agreed to allow user to use the facilities provided that the following terms and
conditions are met.
It is Therefore Agreed by and Between the Parties:
1. Owner agrees to let User use the above described premises for the above described purpose
on:
a. February 20, 2015 from 1 p.m. unti110 p.m. for the purpose of Decorating Gymnasium;
b. February 21, 2015 from 9 a.m. until 4 p.m. for parade luncheon in Gymnasium; and
c. February 21. 2015 from 7 a.m. until 3 p.m. use of parking lot for disbursement of the
school bands and bus parking for parade.
1.5 Catherine Freegard is the contact person for Owner and Nanette Fish is the contact person for User
to coordinate the details of usage.
2. 0 Fee Agreement. User agrees to pay Owner$_ _ _ for the use of the premises.
• Non-Fee Agreement. In consideration for the benefit of using Owner's facilities, User agrees to
abide by al the terms and conditions of use described in this agreement.
3. User agrees that it will not use the premises for any unlawful purposes, and will obey all laws, rules and
regulations of all governmental authorities while using the above described facilities.
4. User agrees that it will not use the premises for any purpose that is contrary to the mission, purpose or
belief of the Owner, which is a biblically-based institution.
5. User agrees to abide by any rules or regulations for the use of the premises that are attached to this
agreement.
6. • Organizational Users. User promises and warrants that it carries liability insurance with a
minimum liability occurrence limit of $1,000.000. The User will provide a certificate of insurance to the
Owner at least seven days prior to the date upon which the User begins to use the above described
premises. The certificate of insurance will indicate that User has made Owner and "add itional insured"
on User's policy with respect to the use by User of the above described premises.
0 Individual Users. User promises and warrants that User will obtain signed Activity Participation
Agreements (either provided by or acceptable to Owner) from each participant in the activity. If the
participants are minors, User will obtain the signature of a least one parent or legal guardian on each
Activity Participation Agreement.
6019 Baldwm Ave, Temple City, CA 91780 · 626.286.3125
http://templecltybaptlst.org
FIRST BAPTIST CHURCH
7. User agrees to hold harmless, indemnify and defend Owner (including Owner's agents, employees
and representatives) from any and all liability for injury or damage including, but not limited to bodily
injury, personal injury, emotional injury or property damage which may result from any person using
the above described premises, its entrances and exits, and surrounding areas, for Users purpose ,
regardless of whether such injury or damage results from the negligence of the Owner (including
Owner's agents, employees and representatives) or otherwise.
8. User agrees to be responsible for preparing for use and returning to the pre-use condition all areas
of the premises which User will use, including entrances and exits.
9. User agrees to conduct a visual inspection of the premises, including entrances and exits, prior to
each use, and warrants that the premises will be used only if it is in a safe condition.
10. This Agreement may be cancelled unilaterally by either party with 14 days written notice to the other
party.
10.5 In the event that Owner must cancel this agreement, User will be entitled to any deposit User has
paid. However, in no event will Owner be liable to User for any lost profits or incidental, indirect,
special or consequential damages arising out of User's inability to Use the above described premises,
even if Owner has been advised of the possibility of such damages.
11. User agrees that it will not assign any of its rights under this agreement, and any such assignment will
void this agreement at the sole option of the Owner.
12. Owner and User agree that any disputes arising under this agreement will be resolved via a mutually
acceptable alternative dispute resolution process. If Owner and User cannot mutually agree upon
such a process the dispute will be submitted to a three-member arbitration panel of the American
Arbitration Association for final resolution.
13. This document contains the entire agreement of the parties and supersedes all prior written or oral
agreements relating to the subject matter.
day of _ __
Dated this
OWNER
USER
Name
Name