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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: December 9, 2003

Subject/Title: Approve temporary use of City-owned property and Temporary Use Permit for the Immaculate Heart of Mary Processional on December 14, 2003

Submitted by: Community Development Department (Oshinsky, Nielsen)

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve temporary use of City-owned property and a Temporary Use Permit for the Immaculate Heart of Mary Pilgrimage Processional, on December 14, 2003, subject to certain conditions of approval.

PREVIOUS ACTION
In prior years the Processional was allowed following review by the Police Department.

On November 26, 2002, the City Council approved an amendment of the code section for Temporary Use Permits. The amended code provides that: “Any Temporary Use proposed on City property requires the approval of the City Council.”

BACKGROUND
On November 20, 2003, the Immaculate Heart of Mary Church submitted an application to use City right-of-way to hold an annual Pilgrimage Processional. Previously, City right-of-way has been used without the applicant having to obtain a TUP. Since the change in the ordinance, Council approval and a Temporary Use Permit are required.

The criteria for approval when evaluating a request for a TUP includes consideration given to traffic, circulation, parking, visibility, harmful effects on adjoining property and any other relevant impacts or considerations of the proposed use. The proposed use may be reasonably conditioned to mitigate identified impacts or to ensure public health, safety or welfare.

The proposed parade route includes several of the streets in the downtown. The route will include Second Street from Birch Street to Maple Street, and Maple Street from Second Street to First Street in front of the Church.

The parade will consist of approximately three hundred people proceeding on foot through the downtown area. The parade will consist of five motorized floats and about three hundred pedestrians, proceeding through the downtown. The parade formation will occur in the parking lot of Edna Hill Elementary School.

The proposed event hours are:

Sunday: 2:30 pm – 4:45 pm – street closure

Since use of City property must be approved by Council, it is appropriate for approval of this TUP to be considered and approved by Council concurrently with the approval of the use of City right-of-way. Staff recommends approval of the processional with conditions to address and mitigate any adverse impacts.

ANALYSIS
It is staff’s opinion that this proposed Processional will have minimal impact upon surrounding businesses. Impacts on offices will be non-existent to minor, given that the event will take place on Sunday. There were no complaints last year from residents or business owners concerning this same use.

It is Staff’s opinion that traffic will also be minimally impacted. Parking in front of the church will be utilized by participants who will walk to the beginning of the Processional. Visitors to the downtown conducting regular business within the district can park in the City lot along Second Street by accessing it from Midway Alley if space in front of the business is inaccessible due to the closure of Second Street.

FISCAL IMPACT
The total cost of providing police services for the 2003 Immaculate Heart of Mary Processional has been estimated at $550.00 by the Brentwood Police Department. The police Department will deploy Reserve Officers, CSOs, and Volunteers where appropriate to reduce personnel costs. Historically, the city has waived the police costs for the event. Unless directed otherwise by Council, police costs will be waived for this year's event as well.

Attachments:
Resolution
Route Map


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT 03-23 AND ALLOWING THE USE OF CITY STREETS AND AUTHORIZING THE CLOSURE OF CERTAIN STREETS AND TEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS AND TOW AWAY ZONES IN ORDER TO FACILITATE THE 2003 IMMACULATE HEART OF MARY PILGRIMAGE PROCESSIONAL TO BE HELD ON DECEMBER 14, 2003.

WHEREAS, the Immaculate Heart of Mary will be holding their annual Pilgrimage Processional on December 14, 2003, an event of local significance which attracts great numbers of people to the community; and

WHEREAS, to accommodate the 2003 Immaculate Heart of Mary Pilgrimage Processional, it is requested that the following streets be closed to traffic and no parking and tow away zones be established between 2:30 pm and 4:45 pm on December 14, 2003:

Second Street from Birch Street to Maple Street
Maple Street from Second Street to First Street

WHEREAS, pursuant to Vehicle Code Section 21101(e), the City may temporarily close portions of streets for parades and local special events such as the Immaculate Heart of Mary Pilgrimage Processional when the closing is necessary for the safety and protection of persons who are to use those portions of the street during the temporary closure; pursuant to Vehicle Code Section 22507, the City may prohibit parking on portions of streets during all or certain hours of the day; pursuant to Vehicle Code Section 22651(b), (m), and (n), City peace officers may remove by towing any vehicle from those portions of the street where parking is prohibited; and

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves TUP 03-23 and has ordered the Police Department to close the above mentioned streets, prohibit parking, and establish tow away zones between the hours of 2:30 pm and 4:45 pm, December 14, 2003 with the following conditions:

1. The TUP shall be valid for the event on Sunday, December 14, 2003.

2. Provide verification of Non-profit status.

3. Provide documentation of Police Department approval.

4. The event hours are as follows:

Sunday 2:30 pm to 4:45 pm – Processional

5. Provide a statement that the applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permit or arising out of the operation of the use or uses allowed under the permit, save and except that causes solely by the City’s active negligence.

6. Restore the streets affected by the closure to the condition they were in prior to the event.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on December 9, 2003 by the following vote:
 

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