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R 4787 RESOLUTION NO. 4787 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 17-004; AUTHORIZING THE USE OF CITY PROPERTY AND CLOSURE OF CITY STREETS FOR THE HORSELESS CARRIAGE CLUB OF AMERICA EVENT ON THURSDAY, MAY 4, 2017; APPLIED FOR BY THE ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION WHEREAS, the Arroyo Grande Village Improvement Association (VIA) in conjunction with the the Horseless Carriage Club of America (HCCA) have requested use of City property as outlined below, for the purpose of a display of thirty (30) horseless carriages; 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 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 carriage show will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare due to the relatively small number of attendees and the limited expanse of activity area. 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 street parking to be reserved and Heritage Park are adequate in size and shape to accommodate the carriage show due to the limited expanse of activity area therefore the impact on traffic is anticipated to reflect that of a typical weekend in the Village. 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 street parking to be reserved and Heritage Park are both adequately served by streets to ensure attendees visit the City safely due to the anticipation that the event will reflect typical traffic conditions experienced during weekends in the Village. 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary use is available. The City street parking to be reserved and Heritage Park are adequately served by parking due to anticipation that the event will reflect typical parking conditions during RESOLUTION NO. 4787 PAGE 2 weekends in the Village. In addition, adequate public parking facilities are located in the vicinity of the event including Olohan Alley, Le Point Street, and the Car Corral to accommodate additional parking needs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve Temporary Use Permit No. 17-004 authorizing the use of City property and closure of City streets for the Horseless Carriage Club of America Event on May 4, 2017, that the above findings are accurate, the following street parking shall be reserved, and the Arroyo Grande Village Improvement Association is hereby granted the use of certain City streets and property subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference as follows: Horseless Carriage Show—Thursday, May 4, 2017 1. "No Parking/Tow Away" restrictions and use of street parking adjacent to Heritage Square Park on Mason Street, Nelson Street, and Short Street for the display of horseless carriage motor vehicles from 10 am to 3 pm on Thursday, May 4th, 2017. 2. The use of Heritage Square Park for activities associated with the event from 10 am to 3 pm on Thursday, May 4th, 2017. On motion of Council Member Harmon, seconded by Council Member Barneich, and on the following roll call vote, to wit: AYES: Council Members Harmon, Barneich, Ray, Brown, and Mayor Hill NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 25th day of April 2017. RESOLUTION NO. 1-0 S-7 PAGE 3 „ .. k-- /1 ........... ..-1 JIM F ILL, MAYOR ATTEST: KELLY WTME,E, CITY CLERK AP”ROVE 1 4 ' T C fa ENT: L (\ I \ v \ RO/3 R K. M-cFALL, N - 1 CITY MANAGER APPROVED AS TO FORM: ,___--.__,•€. ,-,/----• 7-1,7.,',./:---.__,,-,,‘:e -/,12- -,i_--- HEATHER K. WHITHAM, CITY ATTORNEY RESOLUTION NO. 4787 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL TEMPORARY USE PERMIT NO. 17-004 This approval authorizes the use of City property for the Horseless Carriage Show on May 4, 2017. General Conditions 1. The Arroyo Grande Village Improvement Association (VIA) 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 VIA shall comply with all the conditions of the City Council Resolution adopted on April 25, 2017. 4. To the full extent permitted by law, VIA 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. Public Works Department Conditions 5. The VIA is responsible for providing trash bags and restroom supplies for the event. Any supplies the Public Works Department may need to provide must be reimbursed by the VIA. 6. The VIA shall have an individual designated to periodically inspect the restrooms and waste containers. That individual shall be responsible for maintaining the cleanliness of these areas and gathering and disposing of all debris. 7. The VIA shall reimburse the City for electrical costs associated with special events. Specifically, costs for the outlets by the Rotary Bandstand shall be reimbursed. 8. The VIA shall reimburse the City for the costs of any Public Works staff services required for this event, including, but not limited to, restroom maintenance, trash, etc. 9. The VIA shall remove any tape placed on streets and parking areas immediately after the event. Engineering Division Conditions 10. Restroom facilities and signing shall be provided by the VIA as required. 11. The VIA shall provide a $1,000,000.00 comprehensive general liability insurance policy naming the City as additional insured by May 1, 2017. 12. The VIA shall reimburse the City for the costs of Engineering Division services and any other City services required for this event. RESOLUTION NO. 4787 PAGE 5 Building and Life Safety Division Conditions 13. The project shall comply with the most recent edition of the California Codes as adopted by the City of Arroyo Grande. Specifically, all temporary-wiring provisions of the N.E.C. must be met. 14. The Building and Life Safety Division must inspect all generators and temporary electrical service prior to the opening of the event 15. Emergency access must be maintained to the satisfaction of the Building Official and Fire Chief. 16. The use of generators must be reviewed and approved by the Building Official. 17. All fire lanes must be posted and enforced in accordance with Fire Department guidelines. Fire lanes and access must be approved by the Fire Chief. 18. The VIA shall identify an individual to act as liaison with the Fire Department for the purpose of maintaining life and safety. Police Department Conditions 19. All temporary "No Parking" signs shall be posted a minimum of 48 hours prior to event setup (by 10:00 am, Tuesday, May 2, 2017). 20. The VIA shall provide and place all "No Parking" signs. 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. 4787 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 25th day of April, 2017. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of April, 2017. , W KELLY ETMIORE,''CITY'CLERK I