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CITY COUNCIL AGENDA ITEM NO. 22

Meeting Date: November 13, 2007

Subject/Title: Adopt a resolution approving Temporary Use Permit No. 07-24 to allow for the use of City-owned property for the staging of the annual Lady of Guadalupe procession sponsored by the Immaculate Heart of Mary Church for one day, Sunday, December 9th between the hours of 2:00 pm and 3:00 pm, affecting the closure of surrounding streets.

Prepared by: John Strandberg, Community Development Technician

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Adopt a resolution approving Temporary Use Permit (TUP) No. 07-24 to allow for the use of City-owned property for the staging of the Lady of Guadalupe procession sponsored by the Immaculate Heart of Mary Church for one day, Sunday, December 9th between the hours of 2:00 pm and 3:00 pm.

BACKGROUND
On October 18, 2007, the Immaculate Heart of Mary Church submitted an application to use City right-of-way located along Minnesota Avenue and Central Boulevard to hold its Lady of Guadalupe procession. This is the second annual procession, and no concerns arose in the past procession. Section 17.850.004 of the Brentwood Municipal Code requires that any temporary use seeking closure of City right-of-way must 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 procession route is located within a residential area, beginning at Bristow Middle School on Minnesota Avenue and going south to Central Boulevard, heading west on Central Boulevard and ending at the Immaculate Heart of Mary Church at the corner of Central Boulevard and Fairview Avenue.

The procession will consist of several hundred people on foot through the aforementioned residential area. The procession staging will occur in the Bristow Middle School parking area.

The proposed procession hours are:

Sunday 2:00 pm to 3:00 pm – staging and procession

It is staff’s opinion that the proposed procession will have no impact upon surrounding residences. Some areas of the procession route will not be accessible to vehicular traffic for a limited amount of time while the procession moves by.
Traffic will be minimally impacted in the area, as portions of the streets will be closed from 2:00 pm through 3:00 pm on Sunday, December 9th. As the procession moves along its route, barricades will be removed as it becomes safe to reopen portions of the streets to traffic, minimizing the time streets will be closed. Procession participants will park in the lot at Bristow Middle School and use shuttles to retrieve their vehicles afterward.

FISCAL IMPACT
The applicant has paid the required filing fee for temporary use permits in the amount of $474.00. The total cost of providing police services for the 2007 Our Lady of Guadalupe procession has been estimated at $378.56 by the Brentwood Police Department. The exact cost will be reimbursed to the Police Department after the conclusion of the event. The Police Department will deploy Reserve Officers where appropriate to reduce personnel costs.

Attachments:
1. Resolution
2. Exhibit A - Conditions of Approval

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT NO. 07-24 ALLOWING THE USE OF CITY STREETS AND AUTHORIZING THE CLOSURE OF CERTAIN STREETS IN ORDER TO FACILITATE THE 2007 IMMACULATE HEART OF MARY CHURCH OUR LADY OF GUADULPUE PROCESSION, TO BE HELD ON SUNDAY DECEMBER 9, 2007.

WHEREAS, the Immaculate Heart of Mary Church will be holding its annual Our Lady of Guadalupe procession on December 9, 2007; and

WHEREAS, to accommodate the 2007 Our Lady of Guadalupe procession, it is requested that the following streets be closed to traffic between 2:00 pm and 3:00 pm on December 9, 2007:

Minnesota Avenue from Bristow Middle School to Central Boulevard
Central Boulevard from Minnesota Avenue to Fairview Avenue

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 Church, Lady of Guadalupe procession, 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; and

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves TUP No. 07-24 subject to the conditions of approval set forth in Exhibit A, attached hereto, and authorizes the closure of the streets depicted in attachment 1 to Exhibit A, between the hours of 2:00 pm and 3:00 pm, December 9, 2007.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on November 13, 2007 by the following vote:

EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR TUP 07-24


1. All aspects of the proposed use and street closures shall be in substantial conformance with Attachment 1.

2. The applicant shall provide documentation of Contra Costa County Fire Protection District approval for street closure accessibility to the Community Development Department prior to November 30, 2007.

3. The applicant shall provide proof of liability insurance coverage to the City naming the City as additionally insured in the amount of $1,000,000.00 per occurrence prior to November 30, 2007.

4. The approved hours of the procession are as follows:

Sunday, December 9, 2007 from 2:00 pm to 3:00 pm

5. The applicant shall provide a statement that they agree 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.

6. The applicant shall restore any areas used by the procession to their original condition or better at termination of the event.

7. No parking shall be allowed in front of any street closure signs or barricades.


ATTACHMENT “1” TO EXHIBIT A
CITY COUNCIL RESOLUTION NO.
PROCESSION ROUTE MAP WITH STREET CLOSURES FOR TUP NO. 07-24

 
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