R 4505RESOLUTION NO. 4505
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE USE OF CITY PROPERTY
AND CLOSURE OF CITY STREETS FOR THE ANNUAL ARROYO
GRANDE STRAWBERRY FESTIVAL AND STAMPEDE ON MAY 25
AND 26, 2013; TEMPORARY USE PERMIT NO. 12 -030
WHEREAS, the Arroyo Grande Village Improvement Association ( AGVIA), organizers of the
Strawberry Festival, have requested closure of certain City streets and the use of City property
as outlined below, for the purpose of craft exhibits, displays, food booths and entertainment, and
similar activities; and
WHEREAS, members of the AGVIA 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, in conjunction with the AGVIA, the Kiwanis Club of Greater Pismo Beach,
organizers of the Strawberry Stampede, have requested closure of certain City streets and the
use of City property as outlined below, for the purpose of a run /walk.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that
the following streets shall be closed and the Arroyo Grande Village Improvement Association is
hereby granted the use of certain City streets and property as follows:
Strawberry Festival — Saturday & Sunday, May 25 & 26, 2013
1. The closure of East and West Branch Street from Traffic Way to Mason Street
from 5 am to 7 pm on Saturday, May 26`h and 5 am to 6 pm on Sunday, May
27`h
2. The closure of Short Street from East Branch Street to Olohan Alley from 5 pm
Friday, May 24`h until 6 pm, Sunday, May 26`h.
3. The closure of Bridge Street from Branch Street to Traffic Way from 5 am
Saturday, May 25`h until 7 pm, Sunday, May 26`h.
4. The closure of Nelson Street from Mason Street to Traffic Way on from 5 am to 8
pm Saturday, May 251h and from 5 am to 7 pm Sunday, May 26`h.
5. The use of parking lots along Olohan Alley from Mason Street to Bridge Street
from 5 pm Friday, May 241h through 7 pm Sunday, May 261h
6. The use of the Car Corral from 10 pm Friday, May 24`h to 7 pm, Sunday May
2 6 `h.
RESOLUTION NO. 4505
PAGE 2
7. The use of the parking area from the Car Corral to and including the Brisco
parking lot and the Le Point Street parking lot from 10 pm Friday, May 24`h to 7
pm Sunday, May 26`h
8. The use of lawns at Heritage Square from 4 pm Friday, May 24`h until 7 pm
Sunday, May 261h.
9. The use of the Hart - Collette Park between Bridge Street and Traffic Way from 5
am Saturday, May 25 "' to 7 pm on Sunday, May 261h
10. The use of the five -acre lot next to the Woman's Club on West Branch Street for
festival attendee parking on Saturday, May 25`h and Sunday, May 26`h.
11 . The use of the dirt lot at Rodeo Drive and West Branch Street for festival
attendee parking on Saturday, May 251h and Sunday, May 26`h.
12. The use of the City Hall parking lot at the 300 E. Branch Street on Saturday, May
25`' and Sunday, May 26 "'.
13. The use of the parking area along the creek fence on the south side of Olohan
Alley directly behind Willis & Bennett from 6 am Thursday, May 23`d to 6 pm
Monday, May 27`h
14. Branch Mill Road between East Cherry Street and the City limit line will be closed to
through traffic from 8 am to 9:30 am on Sunday, May 26th, 2013 for the running of the
Strawberry Stampede.
On motion of Council Member Guthrie, seconded by Council Member Brown, and on the
following roll call vote, to wit:
AYES: Council Members Guthrie, Brown, Costello, and Mayor Ferrara
NOES: None
ABSENT: Council Member Ray
The foregoing Resolution was passed and adopted this 22nd day of January 2013.
RESOLUTION NO. X505
PAGE 3
TONY FERRARA, WOR
ATTEST:
KELLY WET M RE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN'ADAMS, CITY MANAGER
APPROVED AS TO FORM:,
TIMOTHY J. t.AkMEL, CITY ATTORNEY
RESOLUTION NO. 4505
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 12 -030
This approval authorizes the use of City property and the closure of City streets for the
annual Arroyo Grande Strawberry Festival and the annual Strawberry Stampede on May
25 and 26, 2013.
General Conditions
1. The Arroyo Grande Village Improvement Association (AGVIA) 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 office.
3. The AGVIA shall comply with all the conditions of the City Council Resolution adopted
on January 22, 2013.
4. The AGVIA shall agree to defend, indemnify and hold the City, its agents, officers, and
employees harmless, at 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 AGVIA 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 the AGVIA of his /her obligations under
this condition.
5. To the full extent permitted by law, AGVIA 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
6. The AGVIA is responsible for providing trash bags and restroom supplies for the
festival. Any supplies the Public Works Department may need to provide must be
reimbursed by the AGVIA.
7. The AGVIA shall have an individual designated to periodically inspect the restrooms
and areas around food vendors and waste containers. That individual shall be
responsible for maintaining the cleanliness of these areas and gathering and disposing
of all debris.
8. The AGVIA shall reimburse the City for electrical costs associated with special events.
Specifically, costs for the outlets by the gazebo, Rotary Bandstand, Bridge Street,
Olohan Alley, and behind former City Hall shall be reimbursed.
9. The AGVIA 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.
RESOLUTION NO. 4505
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10. The AGVIA shall remove any tape placed on streets and parking areas after the event.
Engineering Division Conditions
11. Restroom facilities, barricades, signing and detour routes shall be provided by the
AGVIA as required.
12. The AGVIA shall place an advertisement in the Five Cities Times -Press Recorder just
prior to the event to advise residents of street closures.
13. The AGVIA shall provide a $1,000,000.00 comprehensive general liability insurance
policy naming the City as additional insured by May 1, 2013.
14. The AGVIA shall reimburse the City for the costs of Engineering Division services and
any other City services required for this event.
Building and Life Safety Division Conditions
15. All food booths (cooking) must comply with the Fire Department guidelines, and must
have County Health Department approval. The AGVIA will inform booth applicants of
Fire Department guidelines, and will ensure total compliance of booth operators. The
AGVIA will not allow non - compliant booths to operate.
16. The project shall comply with the most recent edition of the California State Fire and
Building Codes and the Uniform Building and Fire Codes as adopted by the City of
Arroyo Grande. Specifically, all temporary- wiring provisions of the N.E.C. must be
met.
17. The Building and Life Safety Division 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, The AGVIA will collect a fee of $15 per
every booth utilizing an electrical connection. This fee will be itemized by booth
number and submitted to the Building and Life Safety Division within 15 days of the
end of the Festival.
18. Emergency access must be maintained to the satisfaction of the Building Official and
Fire Chief. A detailed chart or map will be provided to Building and Life Safety Division
and Fire Department for approval prior to the event, showing placement of all booths,
to include actual dimensions of access pathways for fire apparatus and emergency
vehicles.
19. Per the approval of the Fire Chief, there will be ambulance service dedicated to the
event.
20. The use of generators must be reviewed and approved by the Building Official.
21. 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.
22. The AGVIA shall identify an individual to act as liaison with the Fire Department for the
purpose of maintaining life and safety.
23. Prior to opening the event, the fire access road shall be posted. AGVIA shall provide
continuous enforcement of the fire access road during the event.
24. The AGVIA will coordinate with and be responsible for costs associated with San Luis
Ambulance to provide standby personnel and equipment for Bike Medic and golf cart
transport for entire duration of Festival.
25. The AGVIA shall pay the Fire Department for members and equipment assigned to the
event.
RESOLUTION NO. 4505
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Police Department Conditions
26. The AGVIA shall pay Police Department costs for officers assigned to the event.
27. All temporary "No Parking" signs shall be posted a minimum of 48 hours prior to event
setup (by 5:00 am, Thursday, May 23, 2013).
28. A minimum of four (4) private "licensed" security personnel will be provided by the
AGVIA. The AGVIA will present to the Arroyo Grande Police Department two (2)
weeks prior to the event:
a. The name of the security agency
b. A schedule of security coverage
c. Location and hours of security assignments
Minimum required security is one (1) officer stationed at Nelson & Bridge Street, two
(2) officers assigned to the Swinging Bridge, and one (1) officer for patrol throughout
the evening hours on Saturday, May 25, 2013.
29. Failure to provide private licensed security will result in AGPD Officers being assigned
with expenses billed to the AGVIA.
30. The AGVIA shall provide and place all barricades, signs, and arrow boards.
31. The AGVIA shall replace all delineators that are stolen, misplaced, or vandalized.
Special Conditions
•32. Notification of all streets subject to closure must be posted a minimum of 48 hours
prior to closure, stating the dates and times of closures.
33. The AGVIA shall distribute State Board of Equalization forms to all vendors to report
the sales tax collected during the Festival, and shall notify them that a list of vendors
will be supplied to the City to verify payment of sales tax.
34. The AGVIA shall provide to the City's Administrative Services Department a list of all
vendors participating in the festival. The list will be used to verify that sales tax was
collected and reported as earned in Arroyo Grande.
35. The AGVIA and the Kiwanis Club of Greater Pismo Beach shall mail or hand deliver
notification of street closure to all affected residents one week before the event.
36. There shall be no parking on the north side of Poole Street and Allen Street from
Mason Street to Traffic Way through Saturday, May 25tH and Sunday, May 26tH
37. There shall be no parking on the north side of E. Branch Street from Mason Street to
Crown Hill Street from 5:00 am on Saturday, May 25`n until 7 pm Sunday, May
26`n.
38. The left turn lane for vehicles traveling west on E. Branch Street at Mason Street
shall be blocked to allow for larger vehicles to make right turns onto E. Branch
Street from Mason Street. Vehicles may turn left onto Mason Street from the far
right lane.
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. 4505 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
22" day of January 2013.
WITNESS my hand and the Seal of the City.of Arroyo Grande affixed this 23 d day of
January 2013.
- q(�" / � o4lue-cp— —
KELLY VVET ORE, CITY CLERK