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R 3932 RESOLUTION NO. 3932 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 06- 009; AUTHORIZING THE CLOSURE OF CITY STREETS, THE USE OF CITY PROPERTY, AND A PARTIAL WAIVER OF PUBLIC WORKS AND POLICE SERVICE FEES FOR THE ARROYO VALLEY PEOPLE'S CHOICE CAR SHO AND CRUISE EVENT TO BE HELD FRIDAY, JULY 28 AND SATURDAY, JULY 29,2006 WHEREAS, organizers of the Arroyo Valley People's Choice Car Sho have requested closure of certain City streets and the use of City property as outlined below, for its annual car show and cruise event to be held on July 28th and 29th, 2006; and WHEREAS, organizers of the Arroyo Valley People's Choice Car Sho have requested that the City partially waive public works and police service fees; and WHEREAS, members of the Arroyo Valley Car Club will be responsible for traffic control and cleanup; and WHEREAS, the "cruise" event and car show are expected to benefit both the East Grand Avenue business corridor and Historic Village commercial area and provide both resident and visitor entertainment and attraction; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Temporary Use Permit 06-009 as set forth below, subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference: 1. That East Grand Avenue between Courtland Street and Alder Street shall be closed from 7:00 P.M. to 9:00 P.M. on Friday, July 28, 2006 with through east-west traffic detoured to Alder Street, Farroll Road, Oak Park Boulevard, Ash Avenue, Courtland Street, Halcyon Road, and Fair Oaks Avenue for the purpose of conducting a "cruise night" loop on East Grand Avenue. 2. That Olohan Alley; Bridge Street between E. Branch Street and Traffic Way; Nelson Street between Bridge and Mason Streets; Short Street between E. Branch and Nelson Streets; City Hall parking lot; and the lawns on Nelson Street between Short and Mason Streets shall be closed from 6:00 A.M. to 5:00 P.M. on Saturday, July 29, 2006 for the purpose of holding the car show. RESOLUTION NO. 3932 PAGE 2 3. That Mason Street between E. Branch and Nelson Streets shall be closed from 6:30 A.M. to 10:30 A.M. on Saturday, July 29, 2006 for the purpose of holding the car show registration; and 4. That the Arroyo Valley Car Club will adhere to certain requirements and conditions set forth by the Community Development, Public Works, Police, and Building and Fire Departments regarding security and traffic control and all other applicable conditions of a Temporary Use Permit to be issued by the City as set forth in Exhibit "A"; and 5. That auxiliary public works and police service fees for the Arroyo Valley People's Choice Car Sho and Cruse Night to be held on Friday, July 28 and Saturday, July 29, 2006 be partially waived with the Arroyo Valley Car Club reimbursement costs to the City not to exceed $3,000. On motion of Council Member Arnold, seconded by Council Member Dickens, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Arnold, Dickens, Costello, Guthrie, and Mayor Ferrara None None the foregoing Resolution was passed and adopted this 13th day of June, 2006. RESOLUTION NO. 393d- PAGE 3 ATTEST: APPROVED AS TO CONTENT: . I~ D.-/:;;. ft{~/L . It'- STEV N AMS, CITY MAN:A.GER (j .vf J APPROVED AS TO FORM: /1 , < /------ // ------ TY ATTORNEY RESOLUTION No.3'13&- PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL ARROYO VALLEY PEOPLE'S CHOICE CAR SHO & CRUISE NIGHT TEMPORARY USE PERMIT 06-009 FRIDAY AND SATURDAY, JULY 28 AND 29, 2006 General Conditions 1. The applicant shall ascertain and comply with all Federal, 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 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. Community Development Department Conditions 4. Notify affected merchants and property owners on the affected street closure segments prior to the events and informing the Arroyo Grande Village Association and the Chamber of Commerce of the car show and cruise night activities. Parks and Recreation Department Conditions 5. The event organizers shall flag all sprinkler heads on turf and lawn areas to prevent damage. Applicant will be responsible for cost of broken sprinklers and labor associated with damage caused due to .cars on turf area. 6. The event organizers shall coordinate the placement of waste containers by Friday, July 28, 2006, with the Parks Division and the Director of Parks, Recreation, and Facilities. 7. The event organizers shall submit a recycling plan, supervise all areas, and pick up litter, waste, and debris, and shall empty all City waste containers in dumpsters provided by the Car Club. RESOLUTION NO. 393d. PAGE 5 8. One week prior to the car show, event organizers shall inform the Parks and Recreation Department on number of trashcans that will be needed for the event. Police Department Conditions 9. The applicant shall deposit $3,000 prior to the events to partially reimburse estimated City Public Works and Police Department expenses for traffic control and related services associated with both the cruise night and car show events. Public Works Department Conditions 10. The event organizers shall .be responsible for providing, setting up, and removing barricades for closures of City streets, alleys, parking lots, driveways and City facilities mentioned in the application. 11. Event organizers shall place all barricades and signs posting on-street parking restrictions and parking lot closures a minimum of 48 hours prior to the event. 12. Street closures shall be noticed in the ''Times-Press Recorder" at least once during the week prior to July 28 and 29, 2006. 13. Event organizers shall coordinate with the Police, Public Works, and Fire Departments with regard to the closures of streets, alleys, parking lots, and the use . of City property. 14. Event organizers shall clean all City streets and parking areas utilized at the conclusion of the event. Building and Fire Department Conditions 15. Event organizers must comply with the Building and Fire Department guidelines. 16. Emergency access must be maintained to the satisfaction of the Director of Building and Fire. 17. The use of generators must be reviewed and approved by the Director of Building and Fire. 18. All fire lanes must be posted and enforced per Police and Fire Department guidelines. 19. All food booths must comply with the San Luis Obispo County and City Building and Fire Department guidelines. 20. The Building and Fire Department must inspect all food booths and generators prior to event opening. RESOLUTION NO..3~.3~ PAGE 6 21. Event organizers shall provide one handicapped accessible restroom. ADDITIONAL CONDITIONS 22. The event organizers shall provide $2,000,000.00 automobile liability and general liability insurance policies, subject to the approval of the City Attorney, naming the City as additional insured. 23. To the full extent permitted by law, the applicant shall defend, indemnify and hold harmless the City of Arroyo Grande, its employees, agents and officials, from any liability, claims, suits, actions, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever incurred in relation to, as a consequence of or arising out of or in any way attributable in whole or in part to this permit. 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. 3932 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 13th day of June 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of June 2006.' .~.