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CORRECTED NOTICE
Note Change of Date

NOTICE AND CALL OF SPECIAL MEETING

Pursuant to Section 54956 of the California Government Code, a special meeting of the Brentwood City Council is hereby called for:

Date/Time: Thursday, November 13, 2003 at 4:45 p.m.

Location: City Council Chambers
734 Third Street
Brentwood, CA 94513

Purpose: SPECIAL MEETING AGENDA

1. Call to Order

2. Roll Call

3. Approve temporary use of City-owned property and a Temporary Use Permit for the Harvest Time Assembly of God Food and Clothing Giveaway, on November 22, 2003 from 7:00 am to 5:00 pm, subject to certain conditions of approval.

4. Adjournment

Dated: November 12, 2003

_/s/__________________________
Brian Swisher
Mayor

NOTICE

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Chief Building Official (925) 516-5405. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35.104 ADA Title II}

CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: November 13, 2003

Subject/Title: Approve temporary use of City-owned property and Temporary Use Permit for the Harvest Time Assembly of God Food and Clothing Giveaway on November 22, 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 Harvest Time Assembly of God Food and Clothing Giveaway, on November 22, 2003, subject to certain conditions of approval.

PREVIOUS ACTION
Last year the food and clothing giveaway was allowed following the signing of a lease agreement for rental of City Park, obtained through the Parks and Recreation Department, and 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 7, 2003, the Harvest Time Assembly of God submitted an application to use the City-Park located on the corner of Second Street and Oak Street to hold a food and clothing giveaway. Previously, City Park has been rented without the applicant having to obtain a TUP. Since the change in the ordinance, a Council approval and 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 applicant is proposing to tape a section of the park off to accommodate this use. They propose to locate a food booth on-site to provide carnival-style food to attendees of the event. Also involved is a children’s play area consisting of three bounce-houses, and an activities tent measuring approximately 20x30 feet. There will be live music performed in the gazebo, live entertainment consisting of singers and drama performances will be provided in an additional on-site tent, a non-perishable food and clothing giveaway, a portable John Muir clinic to provide health physicals and check-up’s, as well as four portable restrooms.

The proposed event hours are:

Friday 6:00 pm – 8:00 pm – main tent setup
Saturday 7:00 am – 11:00 am – setup
Saturday 11:00 am – 2:00 pm – event
Saturday 2:00 pm – 5:00 pm – tear down

It is staff’s opinion that this proposed food and clothing giveaway will have minimal impact upon surrounding businesses. Impacts on offices will be non-existent to minor, given that the event will not take place during normal working hours. 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 will be available in the stalls surrounding the park along Oak Street and Maple Street, as well as the spaces within the City parking lot and should suffice for any visitors to the event. These spaces total 165. In the unlikely event that overflow space is needed, there are approximately 60 extra spaces in the City-owned parking lot across Second Street from City Park and there are additional on street spaces beyond these to accommodate visitors to the downtown conducting regular business within the district.

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 the City site. Staff recommends the following conditions of approval be applied to the TUP for the food and clothing giveaway to address and mitigate any adverse impacts:

1. The TUP shall be valid for setup of the main tent on the evening of Friday, November 21, 2003 as well as the actual event on Saturday, November 22, 2003.

2. Post a clean-up bond 1n the amount of $1,000.00. This will be refunded after the site is cleaned up and inspected after the temporary use ceases.

3. Provide verification of Non-profit status.

4. Provide proof of contract for rental of the City Park site.

5. Provide documentation of Police Department approval.

6. Provide documentation of Fire District approval.

7. Provide proof of insurance for the John Muir Clinic.

8. Provide proof of County Health Department approval for the food preparation booth.

9. Obtain (if necessary) an Electrical Permit.

10. 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 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 causes solely by the City’s active negligence.

FISCAL IMPACT
The fiscal impact on the City should be minimal.

EXHIBITS:
A. Site Map

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov