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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: June 10, 2003

Subject/Title: Approve temporary use of City-owned properties and Temporary Use Permit for Cornfest 2003 on July 9 through July 14, 2003

Submitted by: Mitch Oshinsky, AICP, Community Development Director

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve temporary use of City-owned properties and a Temporary Use Permit for Cornfest 2003, on July 9 through July 14, 2003, subject to certain conditions of approval.

PREVIOUS ACTION
During past years Cornfest has been granted Temporary Use Permits (TUPs) by the Community Development Department staff, pursuant to Municipal Code Section 17.850 Temporary Use Permit.

On November 26, 2002, the City Council approved an amendment of the Code Section on TUPs. The amended Code provides that: “City sponsored and/or civic events including but not limited to Cornfest, fairs, festivals, concerts, arts and crafts shows, the snow park, Halloween event, downtown barbeque, and parades” require a TUP and Business License. Council added provisions to this amendment that require: “Any Temporary Use proposed on City property requires the approval of the City Council.”

On May 27, 2003, the City Council approved closure of certain streets and temporarily established no parking restrictions and tow away zones in order to facilitate the Cornfest 2003.

BACKGROUND
The Cornfest Committee has requested use of the City-owned property identified as the extension of Second Street to O’Hara Avenue (between the Town Center apartments and Equus-operated office buildings) and the Agency-owned property located at the corner of Oak and Walnut Streets for parking. For many years, the Cornfest Committee has used these properties as designated parking areas, in conjunction with the safety measures and efforts of the Brentwood police. In addition, the use of the downtown City Park is also requested for the Cornfest event itself. Use of these City and/or Redevelopment Agency owned properties now requires City Council approval.

The Redevelopment Agency will separately consider the use of the Agency property as an Agency agenda item tonight, following the City Council meeting.

The City and Redevelopment Agency will be added as additional insured in the insurance coverage purchased by the Cornfest Committee for the event, and the Committee will indemnify the City and Redevelopment Agency against all claims, liability and loss resulting directly or indirectly from operations and activities on the properties. The Committee has further agreed to leave the properties in a clean and orderly condition upon completion of the festival.

Since approval of the City sites must be made by Council, it is appropriate for approval of the TUP to be considered and approved by Council concurrently with the approval of use of the City sites. Staff recommends the following conditions of approval be applied to the TUP for Cornfest:

1. The TUP shall be valid from July 9 through 14, 2003.

2. The use shall be confined to the extension of Second Street to O’Hara Avenue (between the Town Center apartments and Equus-operated office buildings) and the Agency-owned property located at the corner of Oak and Walnut Streets for parking, the Lake Mover’s lot on Second Street, the downtown City Park, and the streets approved for closure by the City Council on May 27, 2003.

3. Applicant shall obtain approval and all required permits from the Contra Costa Fire Protection District and submit a copy of said approval to the Community Development Department, prior to commencement of the use.

4. Applicant shall apply for solid waste services from the City Refuse Division and maintain said services during the entire event.

5. Applicant shall comply with all provisions of the Brentwood Police Department related to Cornfest.

6. Applicant shall obtain a Temporary Electrical Permit from the Brentwood Building Division prior to beginning the event. Building inspectors to inspect setup and cleanup.

7. If required at any time during the event, Cornfest shall implement a city mandated traffic control plan.

8. Applicant shall post a $1,000 cleanup bond with the City. At the conclusion of this event, the site shall be left free of debris, litter, or any other evidence of this temporary use.

9. The City and Redevelopment Agency will be added as additional insured in the insurance coverage purchased by the Cornfest Committee for the event, and the Committee will indemnify the City and Redevelopment Agency against all claims, liability and loss resulting directly or indirectly from operations and activities on the properties.

10. Cornfest must secure the necessary use permit for use of City Park and the Community Center from the Parks and Recreation Department and reimburse the City for all expenses as a result of use of the park and Community Center.

11. Applicant shall provide proof of contract for portable sanitary facilities.

12. The applicant shall act as the coordinator with the vendors to ensure that they obtain City business licenses.

FISCAL IMPACT
Cornfest will pay all fees and reimburse the City for any expenses incurred.

Attachment:
Letter of Request from Cornfest Committee

City Administration
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