R 45170 0
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WHEREAS, on January 9, 2013, a Temporary Use Permit application for the short -term
closure of various streets was received to allow the Amgen Tour of California Bike Race to
pass through the City of Arroyo Grande; and
WHEREAS, event organizers will be responsible for costs associated with traffic control,
cleanup, and payment of all related fees and costs for use of City property and City
employee time related to the event; and
WHEREAS, the City Council has considered Temporary Use Permit Case No. 13 -001 and
its request to close various City streets on May 16, 2013, in accordance with the Municipal
Code of the City of Arroyo Grande; and
WHEREAS, the City Council finds, after due study, the following circumstances exist:
FINDINGS FOR APPROVAL
Temporary Use Permit:
The operation of the requested use at the locations proposed and within the time
period specified will not jeopardize, endanger, or otherwise constitute a menace to
the public health, safety or general welfare due to the use of dedicated California
Highway Patrol officers and volunteer marshals.
2. The use of City streets are adequate in size and shape to accommodate the bike
race and will not be a material detriment to the use and enjoyment of other
properties located adjacent to and in the vicinity of the event.
3. The proposed site is adequately served by streets or highways having sufficient
width and improvements to accommodate the kind and quantity of traffic that the
bike race will or could reasonably be expected to generate.
4. Adequate temporary parking to accommodate vehicular traffic to be generated by
the use is available throughout the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby approves Temporary Use Permit Case No. 13 -001 and the closure of the following
City streets to through traffic and parking, with the above findings and subject to the
conditions as set forth in Exhibit "A ", attached hereto and incorporated herein by this
reference:
1. Valley Road from the City limits to Fair Oaks Avenue;
2. Fair Oaks Avenue from Valley Road to Traffic Way;
3. Traffic Way from Fair Oaks Avenue to West Branch Street;
RESOLUTION
PAGE 2
4. Branch Street from Traffic Way to Corbett Canyon Road; and
5. Corbett Canyon Road from E. Branch Street to the City limits.
6. "No Parking/Tow Away" shall be enforced along Branch Streets between
Traffic Way and Huasna Road during the event.
7. "No Parking/Tow Away" shall be enforced on Fair Oaks Avenue and Traffic
Way near the Fair Oaks Avenue/Traffic Way intersection.
On motion by Council Member Brown, seconded by Council Member Ray, and by the
following roll call vote, to wit:
AYES:
Council Members Brown, Ray, Guthrie, Costello, and Mayor Ferrara
NOES:
None
ABSENT:
None
the foregoing Resolution was adopted this 26th day of March 2013.
RESOLUTION NO.
PAGE 3
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TONY F A, MAYOR
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Timp THY J. cAMMEL, CITY ATTORNEY
RESOLUTION • ,_
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CONDITIONS EXHIBIT "A"
OF APPROVAL
TEMPORARY USE PERMIT CASE NO. 13-001;
THE AMGEN TOUR OF a • " • BIKE RACE
This Temporary Use Permit (TUP) allows the Amgen Tour of California Bike Race
to pass through the City of Arroyo Grande by utilizing various public streets for
approximately 30 minutes on May 16, 2013.
2. The use shall be in substantial conformance with the application materials
submitted to the Community Development Department.
3. The event organizers shall agree to defend at his /her sole expense any action
brought against the City, its agents, officers, or employees because of the issuance
of said approval, or in the alternative, to relinquish such approval. The applicant
shall reimburse the City, its agents, officers, or employees, for any court costs and
attorney's fees which the City, its agents, officers or employees may be required by
a court to pay as a result of such action. The City may, at its sole discretion,
participate at its own expense in the defense of any such action but such
participation shall not relieve applicant of his /her obligations under this condition.
4. To the full extent permitted by law, the event organizers shall indemnify, defend
and hold harmless the City, its agents, officers, and employees from and against
any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether actual, alleged or threatened, including attorney's fees and
costs, court costs, interest, defense costs, and expert witness fees), where the
same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, this Temporary Use Permit except liability arising out of the
proven sole negligence of the City.
Police Department Conditions
5. The event organizers shall fully reimburse the City for costs associated with the
event, including paid personnel and equipment costs.
6. The event organizers shall provide three (3) electronic message board signs to alert
residents of the event and related street closures a minimum of five (5) days prior to
the event.
7. The event organizers shall provide an adequate amount of yellow caution tape
necessary to close streets and provide a pedestrian barrier in the Village.
8. The event organizers shall provide fifty (50) yellow /orange traffic vests to identify
individuals charged with closing down arterial streets along the course.
RESOLUTION NO. 4517
PAGE 5
9. "No Parking/Tow Away" restrictions along Branch Street in the Village and near the
intersection of Fair Oaks Avenue and Traffic Way shall be enforced from 7:00 am
on Thursday, May 16, 2013 until the conclusion of the event through the City.
10. All temporary "No Parking/Tow Away" signs shall be posted a minimum of 48 hours
prior to the event (by 7:00 am, Tuesday, May 14, 2013).
11. The event organizers shall be responsible for coordination with Caltrans regarding
the event's impact on State facilities in the City.
12. The event organizers shall coordinate with the South County Area Transit (SCAT)
to ensure the event's impact on public transportation is minimized.
13. The event organizers shall notify all property owners, tenants, and businesses
along the route and in obstructed neighborhood "islands" of the event two weeks
prior to the race.
14. The event organizers shall provide "No Outlet" signs to be placed in neighborhood
"islands ".
Community Development Department Conditions
15. The event organizers shall provide a $1,000,000.00 comprehensive general liability
insurance policy naming the City as additional insured by May 1, 2013.
I, KELLY WETORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4517 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the
26th day of March, 2013.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 2nd day of
April 2013.
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KELLY W MO E, CITY CLERK