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R 4133RESOLUTION N0.4133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 08-017 AND AUTHORIZING THE CLOSURE OF SHORT STREET AT EAST BRANCH, IMPLEMENTING NO PARKING ON BRANCH STREET AND USE OF SAFETY MEASURES ON FRIDAY OCTOBER 31, 2008 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 City of Arroyo Grande does hereby approve Temporary Use Permit 08-017 authorizing the following actions subject to compliance with 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 31.2008. 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, 2008. 3. Delineators, safety tape and caution signs will be utilized at the direction of the Chief of Police. 4. The applicant shall be refunded the Temporary Use Permit application fee. On motion of Council Member Guthrie, seconded by Council Member Arnold, and on the following roll call vote, to wit: AYES: Council Members Guthrie, Arnold, Fellows, and Mayor Ferrara NOES: None ABSENT: Council Member Costello the foregoing Resolution was passed and adopted this 14t" day of October 2008. RESOLUTION NO. H133 PAGE 2 .c~.c.c / TONY FER ,MAYOR ATTEST: KELLY 1NETMq~2E, CITY CLERK APPROVED AS TO CONTENT: ST~aAM MANAGER APPROVED AS TO FORM: ( ~~ TIM THY J. EL, CITY ATTORNEY RESOLUTION NO. '{ 133 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT N0.08-017 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 08-017. 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. The applicant shall notify all affected 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. 4133 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 14~h day of October 2008. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of October 2008. KELLY ET ORE, CITY CLERK