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CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: May 9, 2006

Subject/Title: Approve a Resolution approving Temporary Use Permit No. 06-03 to allow the Brentwood Chamber of Commerce the use of City right-of-way for the annual Cornfest, located within the downtown and affecting the closure of surrounding streets.

Prepared By: Tim Nielsen, Assistant Planner

Submitted by: Howard Sword, Community Development Department Director
________________________________________

RECOMMENDATION
Approve a Resolution approving Temporary Use Permit No. 06-03 to allow for the use of City right-of-way for the staging of the annual Cornfest sponsored by the Brentwood Chamber of Commerce for three days, beginning at 5:00 p.m. on Friday, July 7th and ending at 6:30 p.m. on Sunday July 9th.
PREVIOUS ACTION
On April 13, 2004, the City Council approved an amendment to the code section for temporary use permits. The amended code provides that: “Any Temporary Use requesting the closure of City right-of-way requires the approval of the City Council, except those street closures permitted to be exercised by the Chief of Police, City Engineer, and the Director of Public Works as provided in Brentwood Municipal Code, Title 10 and other provisions of City policy, regulations, and the Municipal code.”
BACKGROUND
On March 29, 2006, the Brentwood Chamber of Commerce submitted an application to use City right-of-way located in the downtown to hold its annual Cornfest.

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 closures include several of the streets in the downtown. These streets include: Maple Street, between Second Street and the end of Third Street including the Library Lot, between the hours of 5:30 p.m. Wednesday, July 5, 2006 and 11:00 p.m. Sunday, July 9, 2006; City Parking lot on Second Street, between 5:30 p.m. Wednesday, July 5, 2006 and 11:00 p.m. Tuesday, July 11, 2006; Maple Street, between Midway Alley and Second Street, between the hours of 5:30 p.m. Thursday, July 6, 2006 and 11:00 p.m. Sunday, July 9, 2006; Second Street, between Brentwood Blvd. and 120’ south of Oak Street, between the hours of 5:30 p.m. Thursday, July 6, 2006 and 11:00 p.m. Sunday, July 9, 2006; Pine Street, from Second Street to Diablo Way, between the hours of 5:30 p.m. Thursday, July 6, 2006 and 11:00 p.m. Sunday, July 9, 2006; First Street, from Pine Street to 70’ south of Pine Street, between the hours of 5:30 p.m. Thursday, July 6, 2006 and 11:00 p.m. Sunday, July 9, 2006; Oak Street, between Midway Alley and the mid-block of Third Street and Fourth Street, between the hours of 5:30 p.m. Thursday, July 6, 2006 and 11:00 p.m. Sunday, July 9, 2006; Oak Street, between the mid-block of Third Street and Fourth Street, to the east property line of Liberty Union High School District property, between the hours of 5:00 p.m. Friday, July 7, 2006 and 11:00 p.m. Saturday, July 8, 2006; Midway Alley, between Oak Street and Pine Street, between the hours of 5:00 p.m. Friday July 7, 2006 and 11:00 p.m. Sunday, July 9, 2006; City Parking lot in front of City Hall on Third Street between 5:00 p.m. Friday, July 7, 2006 and 11:00 p.m. Sunday, July 9, 2006; the west bound lane of Oak Street, between Midway Alley and First Street between 5:00 p.m. Friday, July 7, 2006 and 11:00 p.m. Sunday, July 9, 2006.

The event is estimated to attract up to 45,000 people to the downtown during the course of the three day event.

Parking and traffic will be moderately impacted in the downtown. General parking will be available in all Municipal parking lots except the City lot on Second Street, the City lot in front of City Hall on Third Street, as well as on-street parking throughout the downtown area closed to traffic.

The Cornfest Committee has requested use of the Redevelopment Agency-owned property for additional parking. For many years, the Cornfest Committee has used the agency-owned parcel on the corner of Walnut and Oak as a designated parking area, in conjunction with the safety measures and efforts of the Brentwood Police Department. Due to the presence of burrowing owls, this parcel is not available for use this year. Instead, the Redevelopment Agency has offered the use of the former police station site adjacent to the Union Pacific Rail Road tracks on the corner of Central Boulevard and Walnut Boulevard. The Redevelopment Agency will consider the use of agency property as a separate agenda item.

Since approval of the City street closure must be approved by City Council, it is appropriate for the TUP to be considered and approved by Council concurrently with the approval of the closure of City streets and the establishment of tow-away zones.
FISCAL IMPACT
Cornfest will pay all facility and permit fees and reimburse the City for any expenses incurred in conjunction with providing City services to the event.

Attachments:
1. Resolution
2. Street Closure Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT 06-03 AND AUTHORIZING THE CLOSURE OF CERTAIN STREETS AND TEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS AND TOW-AWAY ZONES IN ORDER TO FACILITATE THE 2006 BRENTWOOD CHAMBER OF COMMERCE CORNFEST TO BE HELD FOR THREE DAYS STARTING FRIDAY, JULY 7, 2006 AT 5:00 P.M. AND ENDING SUNDAY, JULY 9, 2006 AT 6:00 P.M..

WHEREAS, the Brentwood Chamber of Commerce will be holding their annual Cornfest from Friday, July 7, at 5:00 p.m. until Sunday, July 9, at 6:00 p.m., an event of significance which attracts people to the downtown area; and

WHEREAS, to accommodate the Chamber of Commerce Cornfest 2006, the Chamber has requested that the following streets and parking lots be closed to traffic, as well as no parking and tow away zones be established:

• Maple Street, between Second Street and the end of Third Street including the Library Lot, between the hours of 5:30 p.m. Wednesday, July 5, 2006 and 11:00 p.m. Sunday, July 9, 2006.

• City Parking lot on Second Street, between 5:30 p.m. Wednesday, July 5, 2006 and 11:00 p.m. Tuesday, July 11, 2006.

• Maple Street, between Midway Alley and Second Street, between the hours of 5:30 p.m. Thursday, July 6, 2006 and 11:00 p.m. Sunday, July 9, 2006.

• Second Street, between Brentwood Blvd. and 120’ south of Oak Street, between the hours of 5:30 p.m. Thursday, July 6, 2006 and 11:00 p.m. Sunday, July 9, 2006.

• Pine Street, from Second Street to Diablo Way, between the hours of 5:30 p.m. Thursday, July 6, 2006 and 11:00 p.m. Sunday, July 9, 2006.

• First Street, from Pine Street to 70’ south of Pine Street , between the hours of 5:30 p.m. Thursday, July 6, 2006 and 11:00 p.m. Sunday, July 9, 2006.

• Oak Street, between Midway Alley and the mid-block of Third Street and Fourth Street, between the hours of 5:30 p.m. Thursday, July 6, 2006 and 11:00 p.m. Sunday, July 9, 2006.

• Oak Street, between the mid-block of Third Street and Fourth Street, to the east property line of Liberty Union High School District property, between the hours of 5:30 p.m. Friday, July 7, 2006 and 11:00 p.m. Saturday, July 8, 2006.

• Midway Alley, between Oak Street and Pine Street, between the hours of 5:00 p.m. Friday July 7, 2006 and 11:00 p.m. Sunday, July 9, 2006.

• City Parking lot in front of City Hall on Third Street between 5:00 p.m. Friday, July 7, 2006 and 11:00 p.m. Sunday, July 9, 2006.

• The west bound lane of Oak Street, between Midway Alley and First Street between 5:00 p.m. Friday, July 7, 2006 and 11:00 p.m. Sunday, July 9, 2006.

WHEREAS, pursuant to Vehicle Code Section 21101(e), the City may temporarily close portions of streets for parades and local special events such as Cornfest 2006 when the closing is necessary for the safety and protection of persons who are to use those portions of the streets 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 streets where parking is prohibited; and

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves TUP 06-03 and has ordered the Police Department to close the above mentioned streets, prohibit parking and establish a tow-away zone between the hours of 5:00 p.m. Wednesday, July 5, 2006 and 11:00 p.m. Sunday, July 9, 2006.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on May 9, 2006 by the following vote:

Attachments:
1. Conditions of Approval
2. Street Closure Map

EXHIBIT A
CONDITIONS OF APPROVAL
TUP 06-03

Staff recommends the following conditions of approval be applied to the TUP for Cornfest:

1. The TUP shall be valid from July 5 through July 9, 2006.

2. The use shall be confined to the Redevelopment Agency-owned property located at the corner of Central Boulevard and Walnut Boulevard, the City-owned lot on Second Street, the downtown City Park, and the streets to be affected by the closure.

3. Applicant shall obtain approval of all required permits from the East 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 if temporary power is to be provided on site.

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 of Brentwood Parks and Recreation Department. At the conclusion of this event, the site shall be left free of debris, litter, or any other evidence of this temporary use.

9. Ensure proper disposal of waste from the site to the satisfaction of the City of Brentwood Public Works Department.

10. The City of Brentwood and the Redevelopment Agency will be added as additional insured in the insurance coverage purchased by the Cornfest Committee for the event in the amount acceptable to the City’s Risk Manager, and the Committee will provide a statement indemnifying the City of Brentwood and Redevelopment Agency against all claims, liability and loss resulting directly or indirectly from operations and activities on the properties.

11. 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.

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

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

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