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R 4494 RESOLUTION NO. 4494 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 12-027 AND AUTHORIZING THE CLOSURE OF CITY STREETS FOR THE ANNUAL ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION CHRISTMAS PARADE, NOVEMBER 25, 2012 WHEREAS, the Arroyo Grande Village Improvement Association (AGVIA) applied for a Temporary Use Permit to utilize City streets and property for a Christmas Parade; and WHEREAS, the temporary closure of portions of Wesley Street and West and East Branch Streets will help to facilitate the parade for all people participating in the event; and WHEREAS, the Arroyo Grande Municipal Code (AGMC) provides for the issuance of Temporary Use Permits for events such as the Arroyo Grande Village Improvement Association Christmas Parade, 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 12-027 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. Wesley Street from Larchmont to West Branch Street and West and East Branch Street from Wesley Street to Mason Street will be closed from approximately 4:30 PM to 7:00 PM on November 25, 2012. 2. A "No Parking/Tow Away Zone" will be established on both sides of Wesley Street from Larchmont to West Branch Street and West and East Branch Street from Wesley Street to Mason Street from 4:30 PM until 7:00 PM on November 25, 2012. 3. The applicant shall be refunded the Temporary Use Permit application fee. 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, Ray, and Mayor Ferrara NOES: None ABSENT: Council Member Costello the foregoing Resolution was passed and adopted this 13th day of November 2012. RESOLUTION NO. yygy PAGE 2 TONYFERR MAYOR ATTEST: ! "-a KELLY WE HMO , CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS,S CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CIcR EL, CITY ATTORNEY RESOLUTION NO. 4494 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 12-027 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. 3. The applicant shall comply with all of the Conditions of Approval for Temporary Use Permit 12-027. 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. 6. The applicant shall abide by all road closure and parade regulations as established by the Police Department. 7. The applicant shall pay for half of the actual City cost to ensure public safety, establish no parking zones, close streets and to provide for two police officers. Applicant costs are estimated to be $624. 8. The applicant shall comply with the Health Department regulations for all food products provided or sold during the event. 9. The applicant shall post "No Parking" signs 48 hours in advance. OFFICIAL CERTIFICATION I 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. 4494 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 November 2012. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of November 2012. / i_, / a i KELLY ET"RE,RE, CITY CLERK •