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R 4212RESOLUTION NO. 4212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 09 -016, AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE 72 ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 25- 26, 2009 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 09 -016 authorizing the following actions and use of the following described City property for the Harvest Festival: 1. 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 24, 2009 until 8:00 a.m. Sunday, September 27, 2009. 2. The parking area beginning at the Gazebo and extending westerly to Bridge Street beginning at 12:00 p.m. Friday, September 25, 2009 until 5:00 p.m. Saturday, September 26, 2009. 3. The use of the Heritage Square Park for various displays and contests from 8:00 a.m. to 6:00 p.m. on Saturday, September 26, 2009 for a variety of activities, contests, and displays. 4. The use and closure of Short Street from Nelson to the Swinging Bridge from 8:00 a.m. to 6:00 p.m. on Saturday, September 26, 2009. 5. The use and closure of Nelson Street from Mason Street to Bridge Street from 8:00 a.m. to 6:00 p.m. on Saturday, September 26, 2009. 6. The use and closure of Bridge Street from the Lucia Mar Parking lot to Branch Street from 8:00 a.m. to 6:00 p.m. on Saturday, September 26, 2009. RESOLUTION NO. 4212 Page 2 7 The use and closure of Kiwanis Park, Olohan Alley from Bridge Street to Short Street and the parking lot of 111 South Mason Street (former Farm Credit West) from 12:00 p.m. to 9:00 p.m. on Friday, September 25, 2009 until 6:00 p.m. on Saturday, September 26, 2009. 8. The use of the City's electrical service as needed for the lighting of booths, sound system, and contests. 9. That request shall be made by the Arroyo Grande Police Department to the State of California Department of Transportation for permission to close the entrance and exit ramps of U.S. Highway 101 at East Grand Avenue on Saturday, September 26, 2009 between the hours of 9:00 a.m. and 1:00 p.m., if needed. 10. That the City Council authorizes closure of a portion of East Branch Street 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. 11. The City Council authorizes a banner for the event to be installed across East Branch Street. 12. That the Arroyo Grande Police Department will control traffic around the parade route, and police officers will be stationed to give instructions to motorists on detouring the parade route. 13. That three parking spaces on Mason Street at the Corner 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 26, 2009, from 9:00 a.m. to noon: West and East Branch Street from Rodeo Drive to Highway 227 (Bus Barn), Old Ranch Road from West Branch Street to the end of the City owned property, Wesley Street between Larchmont and West Branch Street, Traffic Way to Fair Oaks, North Mason Street to Tally Ho Road, Tally Ho Road from East Branch Street to James Way and South Mason Street to Nelson Street. 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. 4212 Page 3 On motion by Council Member Costello, seconded by Council Member Fellows, and by the following roll call vote, to wit: AYES: Council Members Costello, Fellows, Arnold, Guthrie, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 11 day of August 2009. RESOLUTION NO. 4'21 TONY R !,MAYOR ATTEST: iel KELLY W TM RE, CITY CLERK APPROVED AS TO CONTENT: tm__ STEVE ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CA L, CITY ATTORNEY RESOLUTION NO. 4212 Page 5 GENERAL CONDITIONS: EXHIBIT "A" CONDITIONS OF APPROVAL TEMPORARY USE PERMIT 09-016 72 ANNUAL HARVEST FESTIVAL 1. 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 09 -016. 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 City, its agents, officers, or employees, for any court costs and attomey'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 18, 2009 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. 7. 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 NO. 4212 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 18, 2009 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 Life 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. 4212 Page 7 POLICE DEPARTMENT CONDITIONS: 21. The Police Department shall obtain the necessary permit from Caltrans to close 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. 4212 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council /Redevelopment Agency of the City of Arroyo Grande on the 11 day of August 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12" day of August 2009. KELLY ET ORE, CITY CLERK