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R 4226 RESOLUTION NO. 4226 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 ON MAY 29 AND 30, 2010 AND THE ANNUAL STRAWBERRY STAMPEDE; TEMPORARY USE PERMIT NO. 09-018 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 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, 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 Arroyo Grande Village Improvement Association is hereby granted the use of certain City streets and property as follows: Strawberry Festival Saturday Sunday, May 29 30, 2010 1. The closure of East and West Branch Street from Traffic Way to Mason Street. from 6 am on Saturday, May 29 until 6 pm on Sunday, May 30 2. The closure of Short Street from East Branch Street to Olohan Alley from 5 pm Friday, May 28th until 6 pm, Sunday, May 30th. 3. The closure of Bridge Street from Branch Street to the driveway at McLintock's parking lot from 6 am Saturday, May 29th until 6 pm, Sunday, May 30th. 4. The closure of Bridge Street from McLintock's driveway to Nelson Street from 6 am to 6 pm, on Saturday and Sunday, May 29th and 30th. 5. The closure of Bridge Street from Nelson Street to Traffic Way from 6 am Saturday, May 29th to 6 pm on Sunday, May 30th. 6. The closure of Nelson Street from Mason Street to Traffic Way on Saturday and Sunday, May 29th and 30th, from 6 am to 6 pm. 7. The use of parking lots along Olohan Alley from Mason Street to Bridge Street from 5 pm Friday, May 28th through 6 pm Sunday, May 30th. 8. The use of Car Corral from 10 pm Friday, May 28th to 6 pm, Sunday May 30th. RESOLUTION NO. 4226 PAGE 2 9. The use of the parking area from the Car Corral to and including the Brisco parking lot from 10 pm Friday, May 28th to 6 pm Sunday, May 30th. 10. The use of lawns between Short Street and Mason Street on Nelson Street from 4 pm Friday, May 28th until 6 pm Sunday, May 30th. 11. The use of the Hart- Collett Park between Bridge Street and Traffic Way from 6 am Saturday, May 29th to 6 pm on Sunday, May 30th. 12. The use of the five -acre lot net to the Woman's Club on West Branch Street for shuttle bus parking Saturday, May 29th and Sunday, May 30th. 13. The use of the dirt lot off LePoint Street behind Branch Street Deli from 10 pm Friday, May 28th to 9 pm Sunday, May 30th. 14. The use of the parking lot at the corner of Mason Street and East Branch Street, formerly the Farm Credit Building. 15. The use of the lot behind the City Council Chambers from 6 am Saturday, May 29th to 6 pm on Sunday, May 30th. (Passes will be made for all City vehicles parked in sand lot). 16. In addition to operate the Strawberry Stampede, the Kiwanis Club of Greater Pismo Beach has requested the closure of Branch Mill Road between East Cherry Street and the City limit line be closed to through traffic from 8:00 am to 9:30 am on Sunday May 30th, 2009.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. 17. Branch Mill Road between East Cherry Street and the City limit line will be closed to through traffic from 8:00 am to 9:30 am on Sunday May 30, 2010 for the running of the Strawberry Stampede. On motion of Council Member Guthrie, seconded by Council Member Costello, and on the following roll call vote, to wit: AYES: Council Members Guthrie, Costello, Fellows, and Mayor Ferrara NOES: None ABSENT: Council Member Amold The foregoing Resolution was passed and adopted this 27 day of October 2009. RESOLUTION NO. yo-acv PAGE 3 TONY FERR A, AYOR ATTEST: KELLY WE E, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIM HY J. MEL, CITY ATTORNEY RESOLUTION NO. 4226 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 09 -018 This approval authorizes the use of City property and to close City streets for the annual Arroyo Grande Strawberry Festival and the annual Strawberry Stampede on May 29 and 30, 2010. 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 office. 3. The event organizers shall comply with all the conditions of the City Council Resolution adopted on October 27, 2010. 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 shall notify the Parks and Recreation Department of the number and placement of waste containers prior to May 9, 2010. 6. AGVIA is responsible for providing trash bags and restroom supplies for the festival. Any supplies the Parks and Recreation Department may need to provide will need to be reimbursed by AGVIA. 7. The event organizers shall have an individual designated to periodically inspect the restrooms and areas around the 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 event organizers 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 City Hall shall be reimbursed. 9. The event organizers shall reimburse the City for the costs of any Parks and Recreation City services required for this event, including, but not limited to, restroom maintenance, trash, etc. 10. The event organizers shall remove any tape placed on streets and parking areas after the event. Public Works Department Conditions 11. Restroom facilities, barricades, signing and detour routes shall be provided by the applicant as required. 12. 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. RESOLUTION NO. 4226 PAGE 5 13. The event organizers shall provide a $1,000,000.00 insurance policy naming the City as additional insured. 14. The event organizers shall reimburse the City for the costs of Public Works services and any other City services required for this event. 15. 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 16. 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 Department guidelines, and will ensure total compliance of booth operators. AGVIA will not allow non compliant booths to operate. 17. 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. 18. 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, 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 Department of Building and Fire within 15 days of the end of the Festival. 19. Emergency access must be maintained to the satisfaction of the Director of the Building and Fire Department. A detailed chart or map will be provided to the Department of Building and Fire for approval prior to the event, showing placement of all booths, to include actual dimensions of access pathways for fire apparatus and emergency vehicles. 20. Per the approval of the Fire Chief, there will be ambulance service dedicated to the event. 21. The use of generators must be reviewed and approved by the Director of the Building and Fire Department. 22. 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. 23. The applicant shall identify an individual to act as liaison with the Fire Department for the purpose of maintaining life and safety. 24. Prior to opening the event, the fire access road shall be posted. The applicant shall provide continuous enforcement of the fire access road during the event. 25. 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. 26. AGVIA shall pay Department of Building and Fire costs for members and equipment assigned to the event. Police Department Conditions 27. The event organizers shall pay Police Department costs for officers assigned to the event. 28. All temporary "No Parking" signs shall be posted a minimum of 24 hours prior to event setup (by 6:00 am, Friday, May 28, 2010). 29. A minimum of four (4) private 'licensed" security personnel will be provided by AGVIA. AGVIA will present to the Arroyo Grande Police Department two (2) weeks prior to the event: RESOLUTION NO. 4226 PAGE 6 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 29, 2010. 30. Failure to provide private licensed security will result in AGPD Officers being assigned with expenses billed to the AGVIA. 31. The event organizers shall provide and place all barricades and signs, and arrow boards. 32. The event organizers shall replace all delineators that are stolen, misplaced, or vandalized. Special Conditions 33. 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. 34. 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. 35. The AGVIA shall provide to the City's Financial 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. 36. The Village Improvement Association 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. 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. 4226 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 27 day of October 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28 day of October 2009. e� 3 KELLY T ORE, CITY CLERK