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R 4909 RESOLUTION NO. 4909 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 18-026; 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, 2019; APPLIED FOR BY THE ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION WHEREAS, the Arroyo Grande Village Improvement Association (AGVIA), organizers of the Arroyo Grande 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, the Strawberry Festival and other events undertaken by the AGVIA benefit the citizens of Arroyo Grande, attract tourism and generate significant amounts of sales and use tax; 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. WHEREAS, the City Council finds, after due study and deliberation, the following circumstances exist: Temporary Use Permit Findings: 1. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. The use of City property and closure of City streets for the annual Arroyo Grande Strawberry Festival and Stampede will not endanger public health, safety, or general welfare due to the event complying with conditions of approval specifically developed to protect public health and safety. 2. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site. The property and streets identified for the temporary use are of adequate size and shape for the event and conditions of approval developed for the project will ensure the use is not a detriment to the use of other properties located adjacent to and in the vicinity of the event. RESOLUTION NO. 4909 PAGE 2 3. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate. The property and streets identified for the temporary use are adequately served by streets to accommodate the kind and quantity of traffic anticipated for the event, will be closed in a safe manner to protect event participants and motorists, and detour routes will continue to serve areas surrounding the events. 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the City Council. Adequate temporary parking is provided by the event organizers to accommodate the vehicular traffic to be generated by the event. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Temporary Use Permit 18-026 with the above findings and subject to the conditions as set forth in Exhibit "A", and directs 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, 2019 1. The closure of Branch Street from Traffic Way to Mason Street from 5 am to 7 pm on Saturday, May 25th and 5 am to 6 pm on Sunday, May 26tH 2. The closure of Short Street from East Branch Street to Olohan Alley from 1 pm Friday, May 24th until 6 pm, Sunday, May 26tH 3. The closure of Bridge Street from Branch Street to Traffic Way from 5 am Saturday, May 25th until 7 pm, Sunday, May 26tH 4. The closure of Nelson Street from Mason Street to Traffic Way from 5 am Saturday, May 25th to 7 pm Sunday, May 26tH 5. The use of parking spaces in Olohan Alley from Mason Street to Bridge Street from 1 pm Friday, May 24th through 9 pm Sunday, May 26th 6. The use of the Car Corral from 10 pm Friday, May 24th to 7 pm, Sunday, May 26th 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 24th to 7 pm Sunday, May 26th. 8. The use of lawns at Heritage Square from 1 pm Friday, May 24th until 9 pm Sunday, May 26tH RESOLUTION NO. 4909 PAGE 3 9. The use of the Hart-Collette Park between Bridge Street and Traffic Way from 5 am Saturday, May 25th to 7 pm on Sunday, May 26th 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 25th and Sunday, May 26th 11. The all day use of the dirt lot at Rodeo Drive and West Branch Street for festival attendee parking on Saturday, May 25th and Sunday, May 26th 12. The all day use of the City Hall parking lot at 300 E. Branch Street on Saturday, May 25th and Sunday, May 26th 13. The use of the parking area along the creek fence on the south side of Olohan Alley directly behind Salon 132, and four parking spaces on the north side of the lot in the Car Corral adjacent to Nevada Street from 6 am Thursday, May 23rd until 6 pm Monday, May 27th to accommodate trash roll-off placement. 14.The use of the last four (4) parking spaces on Bridge Street approaching Traffic Way on the west side of the street from 8 am Friday, May 24th to 11 am Monday, May 27th to accommodate a refrigerator truck. 15.The use of two (2) parking spaces on the southeast corner of Traffic Way and Poole Street from 8 am Friday, May 24th to 5 pm Monday, May 27th to accommodate an electric detour sign. In order to operate the Strawberry Festival, the VIA has requested the following "No Parking" areas: 16."No Parking" for the first forty (40) feet along the south curbline of E. Branch Street immediately east of Mason Street from 5 am to 7 pm on Saturday, May 25th and Sunday, May 26th 17."No Parking" on the north side of Poole Street between Mason Street and Traffic Way from 5 am to 7 pm on Saturday, May 25th and Sunday, May 26th 18."No Parking" on the south side of Allen Street between Mason Street and Traffic Way from 5 am to 7 pm on Saturday, May 25th and Sunday, May 26th due to vehicular "detour" while streets are closed. 19."No Parking" on the north side of East Branch Street from Mason Street to Crown Hill Street from 5 am on Saturday, May 25th until 7 pm on Sunday, May 26tH 20."No Parking" on Nevada Street, "No Parking" on the west side of Miller way between Le Point Street and Miller Circle, "No Parking" on Crown Terrace between Le Point RESOLUTION NO. 4909 PAGE 4 Street and Crown Hill Street, "No Parking" on East Branch Street from Garden Street to Huasna Road from 5 am to 7 pm on Saturday, May 25th and Sunday, May 26tH 21."No Parking" on Short Street from Nelson Street to the Swinging Bridge from 5 am on Saturday, May 25th to 7 pm on Sunday, May 26tH 22."No Parking" on Mason Street from Le Point Street to Poole Street from 5 am to 7 pm on Saturday, May 25th and Sunday, May 26tH 23."No Parking" on the north side of Allen Street for the first four (4) parking spaces east of Traffic Way, and for the first two (2) parking spaces east and west of Mason Street. 24."No Parking" on Wesley Street from Larchmont Drive to the entrance to the camp on the west side from 5 am to 7 pm on Saturday, May 25th and Sunday, May 26tH 25."No Parking" on West Branch Street from the entrance to the Bank of America parking lot to Vernon Street from 5 am to 7 pm on Saturday, May 25th and Sunday, May 26tH 26."No Parking" on the west side of Bridge Street from Traffic Way to Nelson Street from 8 am on Friday, May 24th to 11 am Monday, May 27th 27."No Parking" in Olohan Alley for the thirteen (13) parking spaces adjacent to the sidewalk adjacent to the creek from 10 am on Wednesday, May 22nd to 7 pm on Monday, May 27tH 28."Right Turn Only" from Poole Street onto Traffic Way while streets are closed. On motion of Council Member Storton, seconded by Council Member Barneich, and on the following roll call vote, to wit: AYES: Council Members Storton, Barneich, George, Paulding, and Mayor Ray Russom NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 26th day of March, 2019. RESOLUTION NO. QOq PAGE 5 / i7 I CAREN RAY 11 S.OM, MAYOR ATTEST: KELLY WET ,RE, CITY CLERK APPROVED AS TO CONTENT: 1110`- JAMES A.1ei • N, CITY MANAGER APPROVED AS TO FORM: 1/Gp1:: H THER K.WHITHAM, CITY ATTORNEY RESOLUTION NO. 4909 PAGE 6 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 18-026 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, 2019. 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 March 26, 2019. 4. The AGVIA shall agree to defend, indemnify and hold harmless 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. Public Works Department Conditions 5. 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. 6. 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. 7. The AGVIA shall remove any tape placed on streets and parking areas after the event. Engineering Division Conditions 8. Restroom facilities, barricades, signing and detour routes shall be provided by the AGVIA as required. 9. The AGVIA shall place an advertisement in The Tribune just prior to the event to advise residents of street closures. 10. The AGVIA shall provide a $1,000,000.00 comprehensive general liability insurance policy naming the City as additional insured by May 1, 2019. 11. The AGVIA shall reimburse the City for the costs of Engineering Division services and any other City services required for this event. RESOLUTION NO. 4909 PAGE 7 Building and Life Safety Division Conditions 12. All food booths 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. 13. 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. 14. 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. 15. 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. 16. Per the approval of the Fire Chief, there will be ambulance service dedicated to the event. 17. The use of generators must be reviewed and approved by the Building Official. 18. 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. 19. The AGVIA shall identify an individual to act as liaison with the Fire Department for the purpose of maintaining life and safety. 20. 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. 21. 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. 22. The AGVIA shall pay the Five Cities Fire Authority for members and equipment assigned to the event. Police Department Conditions 23. 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. 24. Security personnel will be provided by the AGVIA, to the satisfaction of the Chief of Police. Minimum required security is one (1) volunteer officer stationed at Nelson & Bridge Street, two (2) volunteer officers assigned to the Swinging Bridge, and one (1) volunteer officer for patrol throughout the evening hours on Saturday, May 25, 2019. 25. Failure to provide private licensed security will result in AGPD Officers being assigned with expenses billed to the AGVIA. 26. The AGVIA shall provide and place all barricades, signs, and arrow boards. RESOLUTION NO. 4909 PAGE 8 27. The AGVIA shall replace all delineators that are stolen, misplaced, or vandalized. 28. Traffic signal operation shall be conducted as directed by the Police Department. 29. The AGVIA shall reimburse the City for the cost of Police Department personnel assigned to the event. Special Conditions 30. Additional event themed signage by local businesses is permitted for the duration of the event. 31. 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. 32. 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. 33. 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, including residents on Allen Street due to the street closures. 34. The AGVIA and Kiwanis Club of Greater Pismo Beach shall place an advertisement in The Tribune prior to the event to advise the public of street closures. 35. There shall be no parking on the north side of Poole Street and south side of Allen Street from Mason Street to Traffic Way from 6:00 am to 6:00 pm Saturday, May 25 and Sunday, May 26, 2019. 36. 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, 2019 until 7 pm Sunday, May 26, 2019. 37. 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. 1 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. 4909 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 26th day of March, 2019. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of March, 2019. 4. L KELL WE MORE, CITY CLERK