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R 4474 RESOLUTION NO. 4474 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 12-015, AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR 75th ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 28- 29, 2012 WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival have requested closure of City streets and use of City property; and WHEREAS, the Arroyo Grande City Code (AGMC) provides for the issuance of Temporary Use Permits for events such as the Arroyo Grande Harvest Festival, AGMC Section 10.16.050 authorizes the City Council to restrict parking on any street, and California Vehicle Code Section 21101(e) authorize the closure of streets for parades and local special events; 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 12-015 authorizing the following actions and use of the following described City property for the Harvest Festival: 1. "No parking/tow away" restrictions and use of the City parking area behind the former 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. on Thursday, September 27, 2012 until 8:00 a.m. Sunday, September 30, 2012. 2. The use of the Heritage Square Park for various displays, activities, and contests from 8:00 a.m. to 6:00 p.m. on Saturday, September 29, 2012. 3. "No parking/tow away" restrictions" and 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 29, 2012. 4. "No parking/tow away" restrictions and 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 29, 2012. RESOLUTION NO. 4474 PAGE 2 5. "No parking/tow away" restrictions and the use and closure of Mason Street from Le Point Street to Poole Street from 8:00 a.m. to 12:00 p.m. on Saturday, September 29, 2012. 6. "No parking/tow away" restrictions and the use and closure of Bridge Street from the Lucia Mar Unified School District Parking lot to Branch Street from 8:00 a.m. to 6:00 p.m. on Saturday, September 29, 2012. • 7. "No parking/tow away" restrictions and use and closure of Kiwanis Park, Olohan Alley from Bridge Street to Short Street and the City Hall parking lot of 300 East Branch Street from 12:00 p.m. to 9:00 p.m. on Friday, September 28, 2012 and from 8:00 a.m.until 6:00 p.m. on Saturday, September 29, 2012. 8. The use of the City's electrical service as needed for the lighting of booths, sound system, and contests. 9. That the City Council authorizes "no parking/tow away" restrictions and closure of a portion of East Branch Street from U.S. Highway 101 to Stanley Avenue. 10. That the City Council authorizes a banner for the event to be installed across East Branch Street. 11. 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. 12. 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. 13. That the gate between Emerald Bay Drive and Miller Way will be opened during the event for increased resident access. BE IT FURTHER RESOLVED, that the following streets shall be closed with "no parking/tow away" restrictions for the Harvest Festival Parade on Saturday, September 29, 2012, from 8:00 a.m. to noon: • West and East Branch Street from Rodeo Drive to Mason Street; • 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 Station Way; • North Mason Street to Tally Ho Road; • Tally Ho Road from North Mason Street to James Way; and • South Mason Street to Poole Street. RESOLUTION NO. 4474 PAGE 3 In addition, E. Branch will be closed from Mason to Highway 227 (Bus Barn) from 8 a.m. to 12 noon, however, parking will be allowed. 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. On motion by Council Member Brown, seconded by Council Member Costello, and by the following roll call vote, to wit: AYES: Council Members Brown, Costello, Guthrie, Ray, and Mayor Ferrara NOES: None ABSENT: None The foregoing Resolution was passed and adopted 14th day of August 2012. RESOLUTION NO. 4 _ TONY RA, MAYOR ATTEST: KELLY VTI' TM• k(.)0112410'f CITY CLERK APPROVED AS TO CONTENT: STEV ' •ICIVIS;CITY MANAGER APPROVED AS TO FORM: TIMOT Y J. ARMEL, CITY ATTORNEY RESOLUTION NO. 4474 PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL TEMPORARY USE PERMIT 12-015 75th ANNUAL HARVEST FESTIVAL 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 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 12-015. 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 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. RECREATION AND MAINTENANCE SERVICES CONDITIONS: 5. The Harvest Festival Committee is to contact the Recreation and Maintenance Services Department no later than September 21, 2012 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 adequate dumpsters to accommodate all garbage and recycling 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. 4474 PAGE 6 9. Supplemental restroom facilities shall be provided by the Harvest Festival Committee. 10.The Recreation and Maintenance Services Division will provide and place all delineators, signs and barricades for road closures, "no parking/tow away" and detour routes. The Harvest Festival Committee shall pay for all water barricades. 11.The Harvest Festival Committee shall place an advertisement in the September 21, 2012 edition of the Five Cities Times-Press Recorder advising residents of street closures and "no parking/tow away" restrictions. 12.At least two weeks in advance of the event, the Harvest Festival Committee shall mail or hand deliver a notification of street closures to every property located within the area where street closures will occur. 13.At least two weeks in advance of the event, the Harvest Festival Committee shall mail or hand deliver a notification of the opening of the Emerald Bay Drive gate to every property accessed from Miller Way, Miller Court, the 200 and 100 block of Le Point Street, and W. Le Point Street. 14.The Harvest Festival Committee shall provide a $1,000,000 commercial general liability insurance policy naming the City as additional insured subject to approval by the City Attorney. Proof of insurance shall be submitted to the Director of Legislative and Information Services ten (10) days before the event. BUILDING AND LIFE SAFETY DIVISION CONDITIONS: 15.A handicapped accessible toilet shall be included where other portable toilets are located. 16.All electrical must be inspected by the Building and Life Safety Division prior to the event opening. 17.AII tape used for marking the booth locations shall be removed by the Harvest Festival Committee. 18.The project shall comply with the most recent edition of the California State 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 C.E.C. must be met. FIVE CITIES FIRE AUTHORITY CONDITIONS: 19. Emergency access must be maintained to the satisfaction of the Fire Chief. RESOLUTION NO. 4474 PAGE 7 20.All food booths (cooking) must comply with the Five Cities Fire Authority guidelines, must have County Health Department approval, and must ensure total compliance of booth operators. The Five Cities Fire Authority will not allow non-compliant booths to operate. 21.The use of generators must be reviewed and approved by the Fire Chief. 22.A detailed chart or map will be provided to the Fire Chief for approval prior to the event, showing placement of all booths, to include actual dimensions of access pathways for fire apparatus and emergency vehicles. 23.Per the approval of the Fire Chief, there will be medical service dedicated to the event. 24.All fire lanes must be posted and enforced in accordance with Police and Five Cities Fire Authority guidelines. Fire lanes and access must be approved by the Fire Chief. 25.The Harvest Festival Committee shall identify an individual to act as liaison with the Five Cities Fire Authority for the purpose of maintaining life and safety. 26.Prior to opening the event, the fire access road shall be posted. The Harvest Festival Committee shall provide continuous enforcement of the fire access road during the event. r 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 Resolution No. 4474 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency of the City of Arroyo Grande on the 14th day of August 2012. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of August 2012. 0.1267,(XIME__ KELLY ET /,RE, CITY CLERK