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 CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: September 9, 2008

Subject/Title: Adopt a resolution approving Temporary Use Permit No. 08-10 to close several downtown streets and temporarily establishing no parking restrictions and tow away zones, as part of allowing the use of City-owned property and approving a fee waiver in the amount of $3,516.59 for the staging of the annual Liberty Union High School Homecoming Parade, for one night, Friday, October 31, 2008, between the hours of 5:00 pm and 7:30 pm.

Prepared by: Jeff Zilm, Senior Planner

Submitted by: Casey McCann, Community Development Director

RECOMMENDATION
Adopt a resolution approving Temporary Use Permit No. 08-10 to close several downtown streets and temporarily establishing no parking restrictions and tow away zones, as part of allowing the use of City-owned property and approving a fee waiver in the amount of $3,516.59 for the staging of the annual Liberty Union High School Homecoming Parade, for one night, Friday, October 31, 2008, between the hours of 5:00 pm and 7:30 pm.

PREVIOUS ACTION
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.”

DISCUSSION
On April 2, 2008, Liberty Union High School submitted an application requesting to use City-owned streets, located in the downtown area, 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 will include First Street west of Birch Street to Oak Street (where the parade will start), 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 route will also include staging areas on Birch Street, between First and Third Streets, and on First Street, east of Birch Street to the Garin School parking area.
The parade will consist of several hundred people, mainly students of Liberty High School, and approximately 55-65 vehicles and floats. The City’s Traffic Engineer has submitted a permit application to Caltrans for the closure of one lane of Brentwood Boulevard/State Route 4 and the applicant will be working with the Police Department for a safe physical closing and re-opening of the streets prior to and after the parade.

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 several sections of downtown streets will be closed from 5:00 pm through 7:30 pm. General parking will be available in the City lot in front of City Hall and along Oak Street, west of Second Street (consisting of 99 stalls), the three municipal lots on Brentwood Boulevard (consisting of 80 stalls), as well as on-street parking throughout the downtown area not closed to traffic. Once the parade starts persons wishing to access the downtown businesses will have to park in one of these areas and proceed on foot. As the parade progresses along its route, barricades will be removed as it becomes safe to reopen the streets to traffic, minimizing the time streets will be closed. This event is expected to draw 500-800 visitors to the greater downtown area. There have been no complaints in past years from residents or business owners concerning this particular function.

In addition to the street closure request, Liberty High School is once again seeking a fee waiver in the amount of $3,516.59, covering the cost of the City’s TUP fees and the services provided by the Brentwood Police Department. Staff has reviewed the application and has found it to meet the fee waiver findings listed in “Attachment 3” to the staff report.

FISCAL IMPACT
The total cost of providing services for the 2008 Homecoming Parade has been estimated at $3,042.59 by the Brentwood Police Department and included within their budget and $474.00 for the temporary use permit for a total of $3,516.59. The applicant has met all fee waiver requirements under City Council Resolution No. 2006-18.

In fiscal year 2008/09 the City of Brentwood waived a portion of the fee for the School Resources Officers in the estimated amount of $90,000 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 2008/09 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 personnel costs.

Attachments:
1. Resolution
2. Exhibit A - Conditions of Approval
3. Fee waiver requirements
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT NO. 08-10 TO CLOSE SEVERAL DOWNTOWN STREETS AND TEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS AND TOW AWAY ZONES, AS PART OF ALLOWING THE USE OF CITY-OWNED PROPERTY AND APPROVING A FEE WAIVER IN THE AMOUNT OF $3,516.59 FOR THE STAGING OF THE ANNUAL LIBERTY UNION HIGH SCHOOL HOMECOMING PARADE, FOR ONE NIGHT, FRIDAY, OCTOBER 31, 2008, BETWEEN THE HOURS OF 5:00 P.M. AND 7:30 P.M.

WHEREAS, Liberty High School will be holding its annual Homecoming Parade on October 31, 2008, an event of local significance which attracts moderate numbers of people to the downtown community; and

WHEREAS, to accommodate the 2008 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 31, 2008:

• 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 Street
• Spruce Street from Brentwood Boulevard to 250 feet east of the intersection

Additionally, it is requested that the following streets will be closed to through traffic during the parade:

• 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 2008 Liberty High School Homecoming Parade City fees in the amount of $3,516.59; 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;

1. Approves TUP No. 08-10, 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, prohibit parking, and establish tow away zones between the hours of 5:00 pm and 7:30 pm, on October 31, 2008;

2. Waives City fees to the amount of $3,516.59.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on September 9, 2008 by the following vote:

EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR TUP 08-10

1. All aspects of the proposed use and street closures shall be in substantial conformance with Attachment 1, stamped “Received April 1, 2008”.

2. The applicant shall provide documentation of City of Brentwood Police Department approval for street closures to the Community Development Department by October 17, 2008.

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 17, 2008.

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 17, 2008.

5. The approved hours for the parade are as follows:
Friday, October 31, 2008 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 17, 2008.

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 17, 2008.

11. The applicant shall be responsible for all incurred fees if the fee waiver is not approved payable to the proper departments.

ATTACHMENT “3” TO
CITY COUNCIL STAFF REPORT NO.
FEE WAIVER REQUIREMENTS FOR TUP 08-10

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 residents;

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.
 
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