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R 4145RESOLUTION N0.4145 CONSIDERATION OF TEMPORARY USE PERMIT CASE NO. 08- 025 AUTHORIZING THE CLOSURE OF A CITY STREET AND PARKING RESTRICTIONS FOR THE DEDICATION CEREMONY OF THE RELINQUISHMENT OF PORTIONS OF HIGHWAY 227 FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) TO THE CITY, JANUARY 4, 2009 WHEREAS, the Arroyo Grande Village Improvement Association (VIA) applied for a Temporary Use Permit to utilize and close City streets for a relinquishment ceremony; and WHEREAS, the temporary closure of East and Mason Street to parking and traffic will help t participate in the event; West Branch Streets between Traffic Way and i facilitate the ceremony and allow citizens to NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve Temporary Use Permit Case No. 08-025 authorizing the following actions subject to compliance with the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference: East and West Branch Streets from Traffic Way to Mason Street will be closed from 12:00 pm to 3:00 pm on January 4, 2009. 2. A "No Parking/Tow Away Zone" will be established on both sides of East and West Branch Streets between Traffic Way and Mason Street from 12:00 pm to 3:00 pm on January 4, 2009. 3. The applicant shall be refunded the Temporary Use Permit application fee. On motion of Council Member Fellows, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Fellows, Guthrie, Amold, and Mayor Ferrara NOES: None ABSENT: Council Member Costello The foregoing resolution was passed and adopted this 9~' day of December 2008. RESOLUTION NO. ~f ~~{5 PAGE 2 TON F A, MAYOR ATTEST: KELLY WF~~'M¢Q2E, CITY CLERK APPROVED AS TO CONTENT: ~" .~~: ST E ADAMS, CITY MANAGER APPROVED AS TO FORM: ~. TIM THY J. `AgME ,CITY ATTORNEY RESOLUTION N0.4145 ; , , € PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT CASE NO. 08-025 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 08-025. 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 all road closure regulations as developed by the Police Department. 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. 4145 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 9th day of December 2008. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10th day of December 2008. KELLY W T RE, CITY CLERK