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R 4551 RESOLUTION NO. 4551 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 13-021 AUTHORIZING "HALLOWEEN IN THE VILLAGE" ON THURSDAY, OCTOBER 31, 2013 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES WHEREAS, the Arroyo Grande Village Improvement Association (VIA), acting as a coordinator for individual merchants, applied for a Temporary Use Permit for the Halloween in the Village event which, amongst other things, helped establish conditions to ensure the safety of the children who will be visiting various Village businesses; and WHEREAS, the implementation of safety measures including no parking zones and street closures will help to facilitate a safe Halloween for all citizens participating in the event and traveling through the Village area; and WHEREAS, the Arroyo Grande Municipal Code (AGMC) provides for the issuance of Temporary Use Permits for events such as "Halloween in the Village", AGMC Section 10.16.050 authorizes the City Council to restrict parking on any street, and California Vehicle Code Section 21101(e) authorizes the closure of streets for parades and local special events. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve Temporary Use Permit 13-021 authorizing the following actions, subject to the conditions as set forth in Exhibit"A", attached hereto and incorporated herein by this reference: 1. The establishment of a "No Parking" zone on East and West Branch Streets between Traffic Way and Mason Street between the hours of 2:00PM and 6:00PM; 2. "No Parking" at the corner of Mason Street and Nelson Street (to allow turning movement for commercial trucks) between the hours of 2:00PM and 6:00PM; 3. The closure of West and East Branch Street from Traffic Way to Mason Street between the hours of 2:00PM and 6:00PM; 4. The closure of intersections or major driveways onto East and West Branch Street including Bridge Street, Short Street, the Car Corral, and Nevada Street between the hours of 2:00PM and 6:00PM; 5. The implementation of a detour which routes automobile and truck traffic onto Traffic Way, Nelson Street and Mason Street and delineating a widened turning lane on East Branch Street at Mason Street for commercial trucks between the hours of 2:00PM and 6:00PM. RESOLUTION NO. 4551 PAGE 2 On motion of Council Member Brown, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Brown, Guthrie, Costello, and Mayor Ferrara. NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 8`h day of October 2013. RESOLUTION NO. 1051 PAGE 3 I TONY Fy'' • MAYOR ATTEST: KELLY ET �RE, CITY CLERK APPROVED AS TO CONTENT: - STEVEN AMS, CITY MANAGER APPROVED AS TO FORM: ` AVV1/4-' TIM HY J. L, CITY ATTORNEY RESOLUTION NO. 4551 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 13-021 This Temporary Use Permit authorizes "Halloween in the Village" and directs staff to implement related safety measures including no parking zones and street closures on Thursday, October 31, 2013. 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 including the attached map, attached hereto and incorporated herein by this reference. 3. The applicant shall comply with all of the Conditions of Approval for Temporary Use Permit 13-021. 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. 5. To the full extent permitted by law, the applicant 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. 6. The applicant shall notify all affected businesses and residents of street closures and parking restrictions at least 48 hours prior to the event. 7. The funds generated from the event shall be shared between the City and the Village Improvement Association. RESOLUTION NO. 4551 PAGE 5 8. The applicant shall clean up all debris associated with the event to the satisfaction of the Director of Recreation and Maintenance Services. 9. The applicant shall be responsible for providing appropriate water barricades for the event. 10. Traffic detouring shall be coordinated with the Police Department. 11 . Traffic signals shall be set to blinking to alert motorists about detouring. 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. 4551 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City CounciVSuccessor Agency of the City of Arroyo Grande on the 8th day of October, 2013. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 9th day of October 2013. i KELLY - MO% , CITY CLERK