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R 4223 RESOLUTION NO. 4223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 09 -023 AUTHORIZING "HALLOWEEN IN THE VILLAGE" AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES ON SATURDAY OCTOBER 31, 2009 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 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; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve Temporary Use Permit 09 -023 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 2:30 and 5:30. 2. "No Parking" at the corner of Mason Street and Nelson Street (to allow turning movement for commercial trucks). 3. The closure of West and East Branch Street from Traffic Way to Mason Street between the hours of 2:30 and 5:30. 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; 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. 6. The applicant shall be refunded the Temporary Use Permit application fee. On motion of Council Member Fellows, seconded by Council Member Arnold, and on the following roll call vote, to wit: AYES: Council Members Fellows, Arnold, Guthrie, Costello, and Mayor Ferrara NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 13 day of October 2009. RESOLUTION NO. 1223 PAGE 2 TONY FE A, MAYOR ATTEST: ktio KEL V 4 i M ikE, CITY CLERK APPROVED AS TO CONTENT: S VEN ADA CITY MANAGER APPROVED AS TO FORM: TIM THY J. C EL, CITY ATTORNEY RESOLUTION NO. 4223 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 09 -023 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 Saturday October 31, 2009 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 Attachment 2, attached hereto and incorporated herein by this reference. 3. The applicant shall comply with all of the Conditions of Approval for Temporary Use Permit 09 -023. 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 altemative, 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 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. 4223 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 13 day of October 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14 day of October 2009. KELL yyET,4O CITY CLERK