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R 4555 RESOLUTION NO. 4555 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 13-024 AND AUTHORIZING THE CLOSURE OF CITY STREETS FOR THE ANNUAL ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION CHRISTMAS PARADE, DECEMBER 1, 2013 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 13-024 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 W. Branch Street and W. and E. Branch Streets from Wesley Street to Mason Street will be closed from approximately 4:00 pm to 7:00 pm on December 1, 2013. 2. A "No Parking/Tow Away Zone" will be established on both sides of Wesley Street from Larchmont to W. Branch Street and W. and E. Branch Street from Wesley Street to Mason Street from 4:00 pm until 7:00 pm on December 1 , 2013. 3. The applicant shall be refunded the Temporary Use Permit application fee. On motion of Council Member Guthrie, seconded by Council Member Costello, and on the following roll call vote, to wit: AYES: Council Members Guthrie, Costello, Brown, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 12th day of November 2013. RESOLUTION NO. 1/5S5 PAGE 2 TONY F , MAYOR ATTEST: { .-c1 ' KELLY W MO' , CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIM HY J. CARMEL, CITY ATTORNEY RESOLUTION NO. 4555 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 13-024 THE VILLAGE CHRISTMAS PARADE GENERAL CONDITIONS: 1. This Temporary Use Permit (TUP) allows the Arroyo Grande Village Improvement Association to conduct the 9`h annual Christmas Parade in the Village on December 1, 2013 between 5:00 pm and 6:00 pm, along with all associated street closures. 2. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 3. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department. 4. The applicant shall comply with all of the Conditions of Approval for Temporary Use Permit 13-024. 5. 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 attomey'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. 6. 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. 7. The applicant shall notify all affected businesses and residents of street closures and parking restrictions at least 48 hours prior to the event. 8. The applicant shall abide by all road closure and parade regulations as established by the Police Department. RESOLUTION NO. 4555 PAGE 4 9. 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 $647. 10. The applicant shall comply with the Health Department regulations for all food products provided or sold during the event. 11. The applicant shall post"No Parking" signs 48 hours in advance of the street closures. 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. 4555 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 12th day of November, 2013. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of November 2013. KELLY • Tt' ORE, CITY CLERK • •