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R 4038RESOLUTION N0.4038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 07-019 AND AUTHORIZING THE CLOSURE OF SHORT STREET AT EAST BRANCH, IMPLEMENTING NO PARKING ON BRANCH STREET AND USE OF SAFETY MEASURES ON WEDNESDAY OCTOBER 31, 2007 FOR "HALLOWEEN IN THE VILLAGE" WHEREAS, the Arroyo Grande Village Improvement Association (VIA), acting as a coordinator for individual merchants wishing to participate in "Halloween in the Village," applied for a Temporary Use Permit for the purpose ensuring the safety of the children who will be visiting various Village businesses; and WHEREAS, the temporary closure of Short Street will help to facilitate a safe Halloween for all Citizens participating in the event and traveling through the Village area; NOW, THEREFORE, BE IT RESOLVED that the City Council of the Ciry of Arroyo Grande does hereby approve Temporary Use Permit 07-019 authorizing the following actions subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference: 1. Short Street at East Branch Street will be closed from approximately 2:30 pm to 6:00 pm on October 31, 2007. 2. A "No Parking/Tow Away Zone" will be established on both sides of East and West Branch Street from 1:00 pm to 6:00 pm on October 31, 2007. 3. The applicant shall be refunded the Temporary Use Permit application fee. On motion of Council Member Arnold, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Arnold, Guthrie, Costello, Fellows, and Mayor Ferrara NOES: None ABSENT: None The foregoing resolution was passed and adopted this 9"' day of October 2007. RESOLUTION NO. No3$ PAGE 2 TONYFERR AYOR ATTEST: KELLY WETMOitE. CITY CLERK APPROVED AS TO CONTENT: `, STE EN ADAMS, CITY MANAGER APPROVED AS TO FORM: ~L. /' ~ TIM THY J. L, CITY ATTORNEY RESOLUTION N0.4038 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO.07-019 GENERAL CONDITIONS: 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. 3. The applicant shall comply with all of the Conditions of Approval for Temporary Use Permit 07-019. 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. The applicant shall notify all effected businesses and residents of street closures and parking restrictions at least 48 hours prior to 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. 4038 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 9~h day of October 2007. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12~' day of October 2007. KELLY ETM RE, CITY CLERK