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R 4782 RESOLUTION NO. 4782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 17-002; AUTHORIZING STREET CLOSURES AND RELATED ACTIONS FOR THE AMGEN TOUR OF CALIFORNIA BIKE RACE; APPLIED FOR BY AEG CYCLING, LLC WHEREAS, on February 10, 2017, a Temporary Use Permit application was submitted for the short-term closure of various streets 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. 17-002 and a request to close various City streets on Tuesday, May 16, 2017, in accordance with the Municipal Code of the City of Arroyo Grande, specifically Section 16.16.090; 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 location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare. The operation of the bike race 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 proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site. The City streets to be used are adequate in size and shape to accommodate the bike race due to being paved City roadways constructed to appropriate standards. 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 temporary use will or could reasonably be expected to generate. The City streets to be used are adequately served by streets to ensure riders enter and exit the City safely and additional points of access along the course route will allow spectators adequate opportunity to view and enjoy the race. RESOLUTION NO. 4782 PAGE 2 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary use is available. The race itself does not require additional parking, as participants and support vehicles associated with the bike race will be contained within City street right-of- way along the course. Adequate temporary parking for spectators exists along the course, particularly in the Village, where the predominance of spectators has been observed in previous years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Temporary Use Permit Case No. 17-002 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 Branch Street; 4. Branch Street from Traffic Way to Corbett Canyon; and 5. Corbett Canyon Road from Branch Street to the City limits. 6. "No Parking/Tow Away" shall be enforced along Branch Streets between Traffic Way and Mason Street during the Event, beginning at 11 AM on race day. 7. "No Parking/Tow Away" shall be enforced on Fair Oaks Avenue and Traffic Way near the Fair Oaks Avenue/Traffic Way intersection, beginning at 11 AM on race day. On motion by Council Member Barneich, seconded by Council Member Harmon, and by the following roll call vote, to wit: AYES: Council Members Barneich, Harmon, Ray, Brown and Mayor Hill NOES: None ABSENT: None the foregoing Resolution was adopted this 28th day of March, 2017. RESOLUTION NO. lin 1- PAGE 3 J1).---M ILL, MAYOR1 ATTEST: / A / KELLY TM a RE, CITY CLERK (.21 PROVECA A To C. 1.1 ENT: gr l tit in// RT K.'McFALL, INT R1.1111-CITY MANAGER APPROVED AS TO FORM: H ATHER K. WHITHAM, CITY ATTORNEY RESOLUTION NO. 4782 PAGE 4 EXHIBIT"A" CONDITIONS OF APPROVAL TEMPORARY USE PERMIT CASE NO. 17-002; 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 16, 2017. 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 indemnify and 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. Police Department Conditions 4. The Event organizers shall fully reimburse the City for costs associated with the Event, including paid personnel and equipment costs. 5. 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. 6. The Event organizers shall provide an adequate amount of yellow caution tape necessary to close streets and provide a pedestrian barrier in the Village. 7. "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 Tuesday, May 16, 2017 until the conclusion of the Event through the City. 8. All temporary "No Parking/Tow Away" signs shall be posted a minimum of 48 hours prior to the Event. 9. The Event organizers shall be responsible for coordination with Caltrans regarding the Event's impact on State facilities in the City. 10. The Event organizers shall coordinate with the South County Area Transit (SCAT) to ensure the Event's impact on public transportation is minimized. RESOLUTION NO. 4782 PAGE 5 Public Works Department Conditions 11. 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. Proof of this mailing shall be provided to the City. 12. The Event organizers shall provide "No Outlet" signs to be placed in neighborhood "islands". 13. 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. 14. Traffic control devices and "No Parking" signs shall be placed by a private contractor hired by the Event organizers. 15. The Event organizers shall reimburse the City for Public Works Department employees used to ensure a safe and successful Event. 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, 2017. 17. The Event organizers shall coordinate with local farms to ensure distribution of perishable products is not unnecessarily impacted. 18. The Event organizers shall coordinate with the Lucia Mar Unified School District and specifically Arroyo Grande High School to ensure minimized impacts associated with release of students. 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. 4782 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 28th day of March, 2017. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of March, 2017. KELLY WE ORE, CITY CLERK