CITY COUNCIL AGENDA ITEM NO. 11
Meeting Date: October 9, 2007
Subject/Title: Adopt a resolution approving Temporary Use Permit No. 07-17
to allow for the use of City-owned property for the staging of the annual
Homecoming Parade sponsored by Liberty Union High School for one day,
Friday, October 26th between the hours of 5:00 pm and 7:30 pm, located
within the downtown and affecting the closure of surrounding streets and
approve the fee waiver in the amount of $3,371.70.
Prepared by: John Strandberg, Community Development Technician
Submitted by: Howard Sword, Community Development Director
Adopt a resolution approving Temporary Use Permit No. 07-17 to allow for the
use of City-owned property for the staging of the annual Homecoming Parade
sponsored by Liberty Union High School for one day, Friday, October 26th,
between the hours of 5:00 pm and 7:30 pm, located within the downtown and
affecting the closure of surrounding streets and approve the fee waiver in
the amount of $3,371.70
On April 13, 2004, the City Council approved an amendment to the code
section for Temporary Use Permits. The amended code, §17.850.005.12,
provides that: “Notwithstanding any other provision of this Chapter, the
City Council shall review the issuance of a Temporary Use Permit for the
following events: Cornfest, the Art, Wine, and Jazz Festival, Homecoming
Parade, and Hometown Halloween.”
On August 7, 2007, Liberty Union High School submitted an application to use
City right-of-way located in the downtown to hold its annual Homecoming
Parade. Section 17.850.005.12 of the City of Brentwood Zoning Ordinance
specifically requires the Homecoming Parade to obtain a temporary use permit
(TUP) to be approved by the City Council.
The criteria for approval, when evaluating a request for a TUP, includes
consideration of impacts on traffic, circulation, parking, visibility,
noise, 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
area. The route will include First Street west of Birch Street to Oak
Street, Oak Street between First and Second Street, Second Street between
Oak Street and Brentwood Boulevard, a short portion of Brentwood Boulevard
between Second Street and Spruce Street, and Spruce Street between Brentwood
Boulevard and the high school football field (where the parade will
terminate). The parade will also include staging areas on Birch Street, as
well as, a portion of First Street east of Birch Street to Fir Street
including the Garin School parking area. The appropriate permits are being
pursued through the Public Works Department for the closure of one lane of
Brentwood Boulevard/State Route 4 and the applicant is working with the
Police Department for the physical street closures.
The parade will consist of several hundred people, largely students of
Liberty High School, proceeding on foot through the downtown area. There
will also be several floats as well as approximately 65 vehicles
participating in the parade. The parade formation will begin on First
Street, west of Birch Street. The parade will start at the intersection of
Birch and First Streets.
This parade route is located within the downtown and proceeds through
several zoning districts including the Downtown Zone (DT), a Multi-family
Residential Zone (R-3), and a Commercial, Office, Residential Zone (COR),
allowing for mixed uses including residential, commercial, retail, service,
office, dining, and social activities.
The proposed parade hours are:
• Friday 5:00 pm to 6:00 pm – staging and setup
• Friday 6:00 pm to 7:30 pm – parade
Traffic will be moderately impacted in the downtown, as large portions of
downtown streets will be closed from 5:00 pm through 7:30 pm on Friday,
October 26th. General parking will be available in the City lot in front of
City Hall and along Oak Street west of Second Street (consisting of 84
stalls), the two municipal lots on Brentwood Boulevard totaling 84 stalls,
as well as on-street parking throughout the downtown area not closed to
traffic. Persons wishing to access the downtown businesses may park in these
lots and proceed on foot. As the parade progresses along its route,
barricades will be removed as it becomes safe to reopen certain streets to
traffic, minimizing the time streets will be closed. This event is expected
to draw 500-800 visitors to the greater downtown area of Brentwood over the
course of the parade. There have been no complaints in past years from
residents or business owners concerning this particular function.
In addition, Liberty High School is seeking a fee waiver in the amount of
$3,371.70. Staff has reviewed the application and has found it to meet the
fee waiver findings in Attachment 3.
The total cost of providing services for the 2007 Homecoming Parade has been
estimated at $2897.70 by the Brentwood Police Department and included within
their budget and $474.00 for the temporary use permit for a total of
$3371.70. The applicant has met all fee waiver requirements under City
Council Resolution No. 2006-18.
For fiscal year 2007/08, the City of Brentwood will waive a portion of the
fee for School Resource Officers in the amount of $186,297 for the Liberty
Union School District. As stated in the Policy and Procedures for Requests
for Use of City Funds, Policy No. 10-12, all fee waivers for any single
organization that will reach over $5,000 for any fiscal year, must be
approved by City Council. Therefore, all fee waiver requests for fiscal year
2007/08 submitted by Liberty Union School District will be brought before
Council for approval.
In the event the fee waiver is not approved, the applicant will be
responsible for all fees incurred if the use is pursued. The Police
Department will deploy Reserve Officers where appropriate to reduce
2. Exhibit A - Conditions of Approval
3. Fee waiver requirements
ATTACHMENT “3” TO
CITY COUNCIL STAFF REPORT NO.
FEE WAIVER REQUIREMENTS FOR TUP 07-17
1. The agency is a 501(c)(3) or (c)(6) non-profit organization;
2. The organization provides proof it is a valid non-profit or community
service organization serving the citizens of Brentwood;
3. The imposition of fees would create a financial hardship on the
organization or would have a detrimental effect upon the services provided
to the public;
4. The service provided by the City is within the scope of services normally
provided by the respective Department;
5. Appropriate recognition as co-sponsor or partner of the event or program
is provided for the City of Brentwood on all promotional materials and at
the event or program and such promotional materials are approved by the
Graphic Standards Committee. All promotional materials representing the City
must follow the graphic standards guidelines;
6. The program or event is determined by City Council, the City Manager or
the appropriate Department Director to provide a public benefit and be of
significant value to the community or to a significant portion of its
7. All resources provided by the City in sponsorship of the event must be
provided for within the Department’s current budget allocations without a
reduction of services;
8. The event or program is open to the public and is in compliance with the
City’s non¬discrimination policy. Whether the event or program is in
compliance with the City’s non¬discrimination policy will be determined by
the appropriate Department Director and may be appealed pursuant to the
terms of this policy;
9. It is determined that the proposed event or program will have no
significant impacts on the facilities or department activities, that the
permittee will provide volunteer services and materials to mitigate any
impacts created by the event or program, or that the impacts are adequately
offset by the public benefit provided by the program or event;
10. It is determined that no profit will be made from the event by the
permittee or by any other individuals or private business; or, If a fee is
charged, a reasonable portion of the proceeds will be paid to the City.
Determination of a fee amount will be based on the information provided in
the attached “Schedule A” worksheet.
11. A certificate of insurance or statement of self-insurance and hold
harmless agreement must be provided by the permittee and should include the
following language: Contractor or event sponsor shall hold harmless, defend
and indemnify the City of Brentwood (City) and its officers, officials,
employees and volunteers from and against any and all liability, loss,
damage, expense, costs (including without limitation costs and fees of
litigation) of every nature arising out of or in connection with
contractor’s or event sponsor’s performance or work hereunder or its failure
to comply with any of its obligations contained in the agreement, except
such loss or damage which was caused by the sole negligence or willful
misconduct of the City.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING
TEMPORARY USE PERMIT No. 07-17 ALLOWING THE USE OF CITY STREETS AND
AUTHORIZING THE CLOSURE OF CERTAIN STREETS AND TEMPORARILY ESTABLISHING NO
PARKING RESTRICTIONS AND TOW AWAY ZONES AND APPROVING A FEE WAIVER IN THE
AMOUNT OF $3,371.70 IN ORDER TO FACILITATE THE 2007 LIBERTY HIGH SCHOOL
HOMECOMING PARADE TO BE HELD ON FRIDAY OCTOBER 26, 2007.
WHEREAS, Liberty High School will be holding its annual Homecoming Parade on
October 26, 2007, an event of local significance which attracts moderate
numbers of people to the community; and
WHEREAS, to accommodate the 2007 Liberty High School Homecoming Parade, it
is requested that the following streets be closed to traffic and no parking
and tow away zones be established between 5:00 pm and 7:30 pm on October 26,
• First Street from Fir Street to Oak Street
• Birch Street from First Street to Third Street
• Oak Street from First Street to Second Street
• Second Street from Oak Street to Brentwood Boulevard
• Number 2 northbound lane of Brentwood Blvd. from Second Street to Spruce
• Spruce Street from Brentwood Boulevard to 250 feet east of the
Additionally, it is requested that the following streets will be closed to
• Fir Street from Diablo Way to First Street
• Elm Street from Diablo Way to First Street
• Chestnut Street from Diablo Way to Third Street
• Oak Street from Brentwood Boulevard to First Street
• Maple Street from Midway Alley to Second Street
• Maple Street from Second Street to the east end of Maple Street
• Pine Street from Midway Alley to Second Street
• Third Street from Oak Street to Birch Street
• Second Street from Oak Street to Birch Street
• Delta Avenue
• Rolando Avenue
• Cesa Avenue
WHEREAS, it is requested that the Council waive the 2007 Liberty High School
Homecoming Parade City fees in the amount of $3,371.70; and
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
Liberty High School Homecoming Parade 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 No. 07-17, subject to the conditions of approval set
forth in Exhibit A, attached hereto, and waive City fees to the amount of
$3,371.70, authorizes the closure of the streets depicted in Attachment 1 to
Exhibit A, prohibit parking, and establish tow away zones between the hours
of 5:00 pm and 7:30 pm, October 26, 2007.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
an adjourned regular meeting held on October 9, 2007 by the following vote:
EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR TUP 07-17
1. All aspects of the proposed use and street closures shall be in
substantial conformance with Attachment 1, date received August 7, 2007.
2. The applicant shall provide documentation of City of Brentwood Police
Department approval for street closures to the Community Development
Department by October 19, 2007.
3. The applicant shall provide documentation of Contra Costa County Fire
Protection District approval for street closure accessibility to the
Community Development Department by October 19, 2007.
4. The applicant shall provide a certificate of insurance or statement of
self-insurance coverage naming the City as additionally insured in the
amount of $1,000,000.00 for general liability, automobile liability,
employer’s liability and errors and omissions. This document must be
provided to the Risk Manager by October 19, 2007.
5. The approved hours for the parade are as follows:
Friday, October 26, 2007 from 5:00 pm to 7:30 pm
6. The applicant shall provide a statement agreeing 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 the environmental determination rendered
in connection with the permit approval, or arising out of the operation of
the use or uses allowed under the permit, save and except that caused solely
by the City’s active negligence by October 19, 2007.
7. The applicant shall restore any areas used by the parade to the same or
better condition at termination of the event.
8. No parking shall be allowed in front of any street closure barricades.
9. The applicant shall not use paint or other permanent types of markings
for staging directions on City streets and remove any temporary ones at the
end of the event.
10. The applicant shall arrange with the Public Works department for
additional carts and street sweeping and submit documentation of approval to
the Community Development Department by October 19, 2007.
11. The applicant shall be responsible for all incurred fees if the fee
waiver is not approved payable to the proper departments.
ATTACHMENT “1” TO
CITY COUNCIL RESOLUTION NO.
PARADE ROUTE MAP WITH STREET CLOSURES FOR TUP 07-17