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R 4575 RESOLUTION NO. 4575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 14-004; AUTHORIZING STREET CLOSURES AND RELATED ACTIONS FOR THE AMGEN TOUR OF CALIFORNIA BIKE RACE; APPLIED FOR BY AEG CYCLING LLC WHEREAS, on February 7, 2014, a Temporary Use Permit application for the short-term closure of various streets was received to allow the Amgen Tour of California Bike Race (event) 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 the application for Temporary Use Permit Case No. 14-004 and a request to close various City streets on May 15, 2014, 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: 1. 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 local law enforcement personnel including 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 event 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. 14-004 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. Corbett Canyon Road from the City limits to Branch Street; 2. Branch Street from Corbett Canyon Road to Traffic Way; RESOLUTION NO. 4575 PAGE 2 3. Traffic Way from Branch Street to Fair Oaks Avenue; 4. Fair Oaks Avenue form Traffic Way to Valley Road; and 5. Valley Road from Fair Oaks Avenue to the City limits. 6. "No Parking/Tow Away" shall be enforced along Branch Streets between Traffic Way and Mason Street 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 Costello, and by the following roll call vote, to wit: AYES: Council Members Brown, Costello, Barneich, Guthrie, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 8th day of April 2014. RESOLUTION NO. 18/5 PAGE 3 TONY FE MAYOR ATTEST: . KELLY if•RE, CITY CLERK APPROVED AS TO CONTENT: STEVEN-AD , ITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. 4575 PAGE 4 EXHIBIT"A" CONDITIONS OF APPROVAL TEMPORARY USE PERMIT CASE NO. 14-004; THE AMGEN TOUR OF CALIFORNIA BIKE RACE General Conditions 1. 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 a brief period of time on May 15, 2014. 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/its 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 thirty (30) yellow/orange traffic vests to identify individuals charged with closing down arterial streets along the course. RESOLUTION NO. 4575 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 15, 2014 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 13, 2014). 11. The event organizers shall be responsible for coordination with Ca[trans 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. Public Works Department Conditions 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". 15. The event organizers shall remove finish line tape placed in the City streets immediately following the event. The tape shall not be left to wear off on its own. Community Development Department Conditions 16. The event organizers shall provide a $1,000,000.00 comprehensive general liability insurance policy naming the City as additional insured by May 1, 2014. OFFICIAL CERTIFICATION I, KELLY WETMORE, 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. 4575 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 8th day of April, 2014. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10th day of April, 2014. / l/IJCdgete--- KELLY ' TM - E, CITY CLERK