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R 4031RESOLUTION N0.4031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 07-013 AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE 70TM ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, SEPTEMBER 27-30, 2007 WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival have requested closure of City streets and use of City property; and WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival will be responsible for the removal of all garbage and debris generated by the event. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve Temporary Use Permit 07-013 authorizing the following actions and use of the following described City property for the Harvest Festival: The City parking area behind City Hall from the entrance of Mason Street and extending to the area of the Gazebo and Short Street for use between the hours of 5:00 p.m. Thursday, September 27, 2007 until 10:00 a.m. the morning of Sunday, September 30, 2007. 2. The parking area beginning at the Gazebo and extending westerly to Bridge Street beginning at 1:00 p.m. Friday, September 28, 2007 until 10:00 a.m. Sunday, September 30, 2007. 3. The use of the City-owned Nelson Street property adjacent to Mason Street for various displays and contests from 12:00 p.m. to 9:00 p.m. on Friday, September 28, 2007 and from 8:00 a.m. to 6:00 p.m. on Saturday, September 29, 2007 for a variety of activities, contests, and displays. 4. The use of the City's electrical service as needed for the lighting of booths, sound system, and contests. 5. The use of the Council Chambers on Friday, September 28, 2007 from 3:00 p.m. to 9:00 p.m. by the Arroyo Grande Masonic Lodge to conduct the Arroyo Grande Harvest Festival Essay Scholarship Contest. 6. That the northerly half-block portion of Short Street between Nelson Street and the Swinging Bridge shall be posted "No Parking" from 6:00 a.m. to 5:00 p.m. on Saturday, September 29, 2007. RESOLUTION N0.4031 PAGE 2 7. That request shall be made by the Arroyo Grande Police Department to the State of Calffomia Department of Transportation for permission to close a portion of East Branch Street, also known as Highway 227, from U.S. Highway 101 to Stanley Avenue, and the closure of entrance and exit ramps of U.S. Highway 101 at East Grand Avenue on Saturday, September 29, 2007 between the hours of 7:00 a.m. and 1:00 p.m. 8. That the City Council authorizes closure of a portion of East Branch Street, also known as Highway 227, from U.S. Highway 101 to Stanley Avenue and the closure of entrance and exit ramps of U.S. Highway 101 at East Grand Avenue upon authorization from the State Department of Transportation for said closure. 9. The City Council authorizes a banner for the event to be installed across East Branch Street also known as Highway 227. 10. That the Arroyo Grande Police Department will control traffic along and around the parade route, and police officers will be stationed to give instructions to motorists on detouring the parade route; and further, the Police Department will restrict traffic on Route 227 to one lane and control traffic at the freeway ramps from 9:30 a.m. to 12:00 noon on Saturday, September 29, 2007. 11. That the City Council authorizes closure of Nelson Street between Bridge Street and Mason Street on Saturday, September 29, 2007 from 12:00 p.m. to 5:00 p.m. for the "Big Ditch Derby" and other events. 12. That three parking spaces on Mason Street at the Comer of Nelson Street, adjacent to Nelson Green be reserved for vehicles associated with the petting zoo. BE IT FURTHER RESOLVED, that the following streets shall be closed for the Harvest Festival Parade on Saturday, September 29, 2007, from 7:00 a.m. to 1:00 p.m., beginning at East Grand Avenue and Brisco Road and east to the comer of East Branch and Mason Streets; and Halcyon Road from EI Camino Real to Fair Oaks Avenue. BE IT FURTHER RESOLVED, that the organizers of the Harvest Festival will adhere to certain requirements and conditions imposed by the City regarding cleanup and traffic control and all other applicable conditions of the Temporary Use Permit with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. RESOLUTION NO. 4031 PAGE 3 On motion by Council Member Costello seconded by Council Member Guthrie and by the following roll call vote, to wit: AYES: Council Members Costello, Guthrie, Fellows, Amold, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 14"' day of August 2007. RESOLUTION NO. Nc3l PAGE 4 TONY FER AYOR ATTEST: KELLY W~TMO1f1E, CITY CLERK APPROVED AS TO CONTENT: STEV N ADA TY MANAGER APPROVED AS TO FORM: TI OTHY J C EL, CITY ATTORNEY RESOLUTION NO. 4031 PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL TEMPORARY USE PERMIT 07-013 70TM ANNUAL HARVEST FESTIVAL GENERAL CONDITIONS: The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department. 3. The event organizers shall comply with all of the Conditions of Approval for Temporary Use Permit 07-013. 4. The applicant 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 Ciry, 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. PARKS, RECREATION AND FACILITIES DEPARTMENT CONDITIONS: 5. The Harvest Festival Committee is to contact the Parks, Recreation and Facilities Department no later than September 19, 2007 regarding the number and location of trash receptacles to be placed in the downtown area. 6. The Harvest Festival Committee is responsible for disposal of its garbage into large trash containers. The Harvest Festival Committee is responsible for providing a small cargo dumpster (20 cubic yards) in addition to required trash containers. The Harvest Festival Committee is responsible for providing trashcan liners for all trash containers. 8. The Harvest Festival Committee is responsible for providing additional restroom supplies for the festival. Should the City provide these supplies, the Harvest Festival Committee will reimburse the City for the cost of these supplies and related staff time. RESOLUTION N0.4031 PAGE 6 PUBLIC WORKS DEPARTMENT CONDITIONS: 9. Restroom facilities, barricades, signing and detour routes shall be provided by applicant. 10. The event organizers shall provide (pay for) all traffic barricades and delineators. The Public Works Department will place the barricades and delineators. 11. The event organizers shall place an advertisement in the September 21, 2007 edition of the Five Cities Times-Press Recorder advising residents of street closures. . 12. The event organizers shall mail or hand deliver a notification of street closures to every property located within the area where street closures will occur. 13. The event organizers shall provide a $1,000,000 commercial general liability insurance policy naming the City as additional insured subject to the approval by the City Attorney. Proof of insurance shall be submitted to the Director of Administrative Services ten (10) days before the event. 14. The event organizers shall contact the Public Works Department two weeks prior to the event to check on the status of street maintenance/construction activities. The Public Works Department may require the event organizers to provide temporary construction (orange plastic) fencing around areas designated as potentially hazardous. BUILDING AND FIRE DEPARTMENT CONDITIONS: 15. All food booths (cooking) must comply with the Fire Department guidelines. 16. A handicapped accessible toilet shall be included where other portable toilets are located. 17. All electrical must be inspected by the Building and Lffe Safety Division prior to the event opening. 18. Emergency access must be maintained to the satisfaction of the Director of Building and Fire. 19. The use of generators must be reviewed and approved by the Director of Building and Fire. 20. All tape used for marking the booth locations shall be removed by the event organizers. RESOLUTION NO. 4031 PAGE 7 POLICE DEPARTMENT CONDITIONS: 21. The Police Department shall obtain the necessary permit from Caltrans to close a portion of East Branch Street, also known as Highway 227, from U.S. Highway 101 to Stanley Avenue and the entrance and exit ramps of U.S. Highway 101 at East Grand Avenue. 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. 4031 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 14"' day of August 2007. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 16"' day of August 2007. KELLY WETM4RE, CITY CLERK