CC 2013-11-12_08.e. TUP - Christams ParadeTO:
FROM:
BY:
SUBJECT:
DATE:
MEMORANDUM
CITY COUNCIL
TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT
MATTHEW DOWNING~SISTANT PLANNER
CONSIDERATION OF TEMPORARY USE PERMIT CASE NO. 13-024
AUTHORIZING THE CLOSURE OF CITY STREETS FOR THE ANNUAL
ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION
CHRISTMAS PARADE, DECEMBER 1, 2013
NOVEMBER 12, 2013
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving Temporary Use
Permit 13-024 for the Annual Arroyo Grande Village Improvement Association
Christmas Parade ("Parade").
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Total cost of the Parade is estimated to be $1 ,294. Parade cost estimates include
overtime for staff to place and remove "No Parking" signs; renting, placing and removing
water barricades; and the provision of up to two (2) police officers to direct traffic and
ensure public safety. Beginning three (3) years ago, the City split these costs evenly
with the applicant. This amounts to an estimated cost of $647 to the City.
BACKGROUND:
The Village Improvement Association's Christmas Parade has been held annually for
nine (9) consecutive years on the Sunday immediately after Thanksgiving. This year's
parade is scheduled for December 1, 2013 from 5:00 pm to 6:00 pm. Other events
occur in the Village before and after the Parade, including a choir performance, tree
lighting, nativity scene, a visit from Santa Claus and the screening of a movie in
Heritage Square Park.
ANALYSIS OF ISSUES:
The Parade stages in the Bank of America parking lot, proceeds onto Wesley Street,
immediately turns east on W. Branch Street and continues until turning south onto Short
Street. The Parade terminates and disbands in Olohan Alley. The Parade route
requires. "No Parking" restrictions and the closure of Wesley Street from Larchmont to
W. Branch Street and W. and E. Branch Streets from Wesley Street to Mason Street
from 4:00 pm until 7:00 pm. The requested closure is thirty (30) minutes longer than in
Item 8.e. - Page 1
CITY COUNCIL
CONSIDERATION OF TEMPORARY USE PERMIT CASE N0.13-024
NOVEMBER 13, 2012
PAGE2
previous years. The additional time is requested by the Police Department to allow
adequate time for removal of any vehicles remaining on the Parade route.
ADVANTAGES:
The Parade serves as a community event that allows citizens and visitors to celebrate
the holiday season with organized activities in the Village. The Parade route is well
established and City staff involvement is minimal.
DISADVANTAGES:
"No Parking" restrictions and the closure of sections of W. and E. Branch Streets will
have an impact on traffic congestion. Motorists not familiar with the Parade route will
have to use detours to get to their destinations, which may increase travel time.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
Adopt the attached Resolution approving Temporary Use Permit 13-024 for the
Annual Arroyo Grande Village Improvement Association Christmas Parade.
Modify and adopt the attached Resolution.
Do not adopt the attached Resolution.
Provide direction to staff.
ENVIRONMENTAL REVIEW:
This event is categorically exempt per Section 15304 of the CEQA Guidelines.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, November 7, 2013. The
Agenda and report were posted on the City's website on Friday, November 8, 2013. No
comments have been received.
Item 8.e. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO.
13-024 AND AUTHORIZING THE CLOSURE OF CITY STREETS
FOR THE ANNUAL ARROYO GRANDE VILLAGE IMPROVEMENT
ASSOCIATION CHRISTMAS PARADE, DECENBER 1, 2013
WHEREAS, the Arroyo Grande Village Improvement Association (AGVIA) applied for a
Temporary Use Permit to utilize City streets and.property for a Christmas Parade; and
WHEREAS, the temporary closure of portions of Wesley Street and West and East Branch
Streets will help to facilitate the parade for all people participating in the event; and
WHEREAS, the Arroyo Grande Municipal Code (AGMC) provides for the issuance of
Temporary Use Permits for events such as the Arroyo Grande Village Improvement Association
Christmas Parade, AGMC Section 10.16.050 authorizes the City Council to restrict parking on
any street and California Vehicle Code Section 21101(e) authorizes the closure of streets for
parades and local special events.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does
hereby approve Temporary Use Permit 13-024 authorizing the following actions subject to
compliance with the conditions as set forth in Exhibit "A", attached hereto and incorporated
herein by this reference:
1. Wesley Street from Larchmont to W. Branch Street and W. and E. Branch Streets from
Wesley Street to Mason Street will be closed from approximately 4:00 pm to 7:00 pm on
December 1, 2013.
2. A "No Parking!Tow Away Zone" will be established on both sides of Wesley Street from
Larchmont to W. Branch Street and W. and E. Branch Street from Wesley Street to
Mason Street from 4:00 pm until 7:00 pm on December 1, 2013.
3. The applicant shall be refunded the Temporary Use Permit application fee.
On motion of Council Member , seconded by Council Member
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 12th day of November 2013.
Item 8.e. - Page 3
RESOLUTION NO.
PAGE2
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.e. - Page 4
RESOLUTION NO.
PAGE3
GENERAL CONDITIONS:
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 13-024
THE VILLAGE CHRISTMAS PARADE
1. This Temporary Use Permit (TUP) allows the Arroyo Grande Village Improvement
Association to conduct the gth annual Christmas Parade in the Village on December 1,
2013 between 5:00 pm and 6:00 pm, along with all associated street closures.
2. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
3. The event shall occur in substantial conformance with the application and plans on file in
the Community Development Department.
4. The applicant shall comply with all of the Conditions of Approval for Temporary Use
Permit 13-024.
5. 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.
6. To the full extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its agents, officers, and employees from and against any liability
(including liability for claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether
actual, alleged or threatened, including attorney's fees and costs, court costs, interest,
defense costs, and expert witness fees), where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, this Temporary
Use Permit except liability arising out of the proven sole negligence of the City.
7. The applicant shall notify all affected businesses and residents of street closures and
parking restrictions at least 48 hours prior to the event.
8. The applicant shall abide by all road closure and parade regulations as established by
the Police Department.
Item 8.e. - Page 5
RESOLUTION NO.
PAGE4
9. The applicant shall pay for half of the actual City cost to ensure public safety, establish
no parking zones, close streets and to provide for two police officers. Applicant costs are
estimated to be $64 7.
10. The applicant shall comply with the Health Department regulations for all food products
provided or sold during the event.
11. The applicant shall post "No Parking" signs 48 hours in advance of the street closures.
Item 8.e. - Page 6