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R 4178 RESOLUTION NO. 4178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE CLOSURE OF A CITY STREET FOR BRIDGE STREET IN BLOOM ON MAY 16, 2009; TEMPORARY USE PERMIT NO. 09-008 WHEREAS, the Arroyo Grande Village Improvement Association (AGVIA), business owners and Arroyo Grande In Bloom, organizers of "Bridge Street in Bloom" have requested closure of Bridge Street for the purpose of celebrating recent improvements with business open houses, food booths, flower sales, art sales and live entertainment; and WHEREAS, celebrations involving businesses, service groups and the public help to strengthen community bonds, civic appreciation and result in positive economic benefits; and WHEREAS, members of the AGVIA and participating businesses and groups will be responsible for traffic control and cleanup by the direction of various City departments; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. That the Arroyo Grande Village Improvement Association is hereby granted the use of Bridge Street as follows: Bridge Street in Bloom Celebration Saturday, May 16, 2009 A. "No Parking/Tow Away Zone" on Bridge Street from the north corner of Nelson Street to the north side of the Bridge from noon to 4:00 pm on Saturday, May 16, 2009. B. The closure of Bridge Street from the north corner of Nelson Street to the north side of the Bridge from noon to 4:00 pm on Saturday, May 16, 2009. C. Fees associated with the Temporary Use Permit for authorization of the Bridge Street in Bloom event shall be waved. 2. That the AGVIA will adhere to all requirements and conditions of approval as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. On motion of Council Member Amold, seconded by Council Member Fellows, and on the following roll call vote, to wit: AYES: Council Members Arnold, Fellows, Guthrie, Costello, and Mayor Ferrara NOES: None ABSENT: None The foregoing resolution was passed and adopted this 28 day of April 2009. RESOLUTION NO. y l `7e PAGE 2 r ydL.� TONY FERRA YOR ATTEST: .Q.l I t c�t�0A- KELLY W TMtE, CITY CLERK APPROVED AS TO CONTENT: Or h STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TI OTHY MEL, CITY ATTORNEY RESOLUTION NO. 4178 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 09-008 This approval authorizes the use and closure of Bridge Street on May 16, 2009 for the Bridge Street in Bloom celebration. General Conditions 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 on file in the Community Development Department office. 3. The event organizers shall comply with all the conditions of the City Council Resolution adopted on April 28, 2009. 4. The applicant shall agree to defend, indemnify and hold the City harmless, at his/her/its sole expense from any action brought against the City, its agents, officers, or employees because 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. Parks, Recreation and Facilities Department Conditions 5. The event organizers are responsible for providing trash cans and bags for the celebration. 6. The event organizers shall have an individual designated to periodically inspect waste containers. That individual shall be responsible for maintaining the cleanliness of these areas and gathering and disposing of all debris. 7. The event organizers shall remove any tape placed on streets and parking areas after the event. Public Works Department Conditions .8. Barricades and signing shall be provided by the applicant as required. 9. The event organizers shall place an advertisement in the Five Cities Times -Press Recorder just prior to the event to advise residents of street closures. 10. The event organizers shall provide a $1,000,000.00 insurance policy naming the City as additional insured. 11. The event organizers shall contact the Public Works Department 72 hours 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 12. All food booths (cooking) must comply with the Fire Department guidelines, and must have County Health Department approval. AGVIA will inform booth applicants of Fire RESOLUTION NO. 4178 PAGE 4 Department guidelines, and will ensure total compliance of booth operators. AGVIA will not allow non compliant booths to operate. 13. The project shall comply with the most recent edition of the California Fire and Building Codes and the International Building and Fire Codes as adopted by the City of Arroyo Grande. Specifically, all temporary- wiring provisions of the California Electrical Code must be met. 14. The Building and Fire Department must inspect all food booths, generators and temporary electrical service prior to the opening of the event in lieu of requiring a building permit for temporary electrical service. 15. Emergency access must be maintained to the satisfaction of the Director of the Building and Fire Department. 16. The use of generators must be reviewed and approved by the Director of the Building and Fire Department. 17. All fire lanes must be posted and enforced in accordance with Police and Fire Department guidelines. Fire lanes and access must be approved by the Fire Chief. Police Department Conditions 18. The event organizers shall pay Police Department costs for overtime officers assigned to the event if any. 19. All temporary "No Parking" signs shall be posted a minimum of 24 hours prior to event setup. 20. Street closure and barricades shall be at the direction of the Arroyo Grande Police Department. Special Conditions 21. Notification of all streets subject to closure must be posted a minimum of 24 hours prior to closure, stating the dates and times of closures. 22. Alcohol can only be served in existing businesses established and licensed per the City of Arroyo Grande and the California Department of Alcohol Beverage Control. No alcohol is allowed on the public street. 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. 4178 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 28 day of April 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29 day of April 2009. a aka. KELLY ET RE, CITY CLERK