CITY COUNCIL AGENDA ITEM
Meeting Date: December 12, 2006
Subject/Title: Adopt a resolution approving Temporary Use Permit No. 06-23
to allow USA Network’s “Character Road Trip” the use of City-owned property
for the shooting of a segment spotlighting a local character of interest
affecting the closure of streets in the downtown on Thursday, December 14,
2006 from 12:00 noon to 3:00 pm.
Prepared by: Tim Nielsen, Assistant Planner
Submitted by: Howard Sword, Community Development Director
Adopt a resolution approving Temporary Use Permit No. 06-23 to allow for the
use of City-owned property for the filming of a television spotlight
featuring “Gorilla Rilla” sponsored by the USA Network “Character Road Trip”
for one day, Thursday, December 14th between the hours of 12:00 noon and
On April 13, 2004, the City Council approved an amendment to the code
section for Temporary Use Permits. Section 17.850.004 of the Brentwood
Municipal Code currently 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.”
On December 4, 2006, USA Network “Character Road Trip” submitted an
application to use City right-of-way located along First and Chestnut
Streets to film a television spot featuring a local business owner who also
appears at Oakland Raider football games as well as fundraisers and other
charitable events as Gorilla Rilla.
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 portions of streets requested for closure are located within the
Downtown Specific Plan area. The specific streets requested for closure will
include First Street between Oak Street and Chestnut Street and Chestnut
Street between First Street and Midway Alley. This proposed street closure
includes the intersection of First and Chestnut Streets.
It is unknown at this time how many people will be involved in this event.
There will be the camera and production crew consisting of 13 people, the
main character, ”Gorilla Rilla”, as well as an unknown number of local
participants and bystanders. An advertisement was taken out in the December
8th edition of the Brentwood Press inviting the community to take part in
the event as extras in the filming. Equipment will include one television
camera and two hand-held mini-cameras.
The proposed hours for the street closure are:
Thursday, December 14, 2006 from 12:00 noon to 3:00 pm – staging and filming
It is staff’s opinion that the proposed filming will have a negligible
impact upon businesses fronting that portion of First Street where the
closure is proposed to take place. The area of the filming and related
street closure will not be accessible to vehicular traffic for up to three
hours while the filming is in progress.
Traffic will be moderately impacted in the area, as portions of the streets
will be closed from 12:00 noon through 3:00 pm on Thursday, December 14th.
The proposed street closures will allow for alternate circulation routes
through the downtown. Businesses located on First Street will be accessible
to pedestrian traffic and many of those establishments located on the east
side have private parking areas accessible from Midway Alley.
Staff has worked with the Downtown Merchant’s Association to contact all
affected businesses. Only one merchant was concerned about the closure, a
restaurateur located on the west side of First Street who has a lunch
engagement scheduled for that date. This concern has been adequately
addressed by reserving parking spaces specifically for this event in the
City-owned parking lot between Brentwood Boulevard and Diablo Way. This
parking lot is within easy walking distance of the affected establishment.
Local participants will find parking outside of the area affected by the
street closure and walk to the filming site.
The total cost of providing police services for the USA Network “Character
Road Trip” filming has been estimated at $954.32 by the Brentwood Police
Department. The exact cost will be reimbursed to the Police Department after
the conclusion of the event. The Police Department will deploy Reserve
Officers, CSOs, and Volunteers where appropriate to reduce personnel costs.
2. Exhibit A - Conditions of Approval
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING
TEMPORARY USE PERMIT 06-23 AND ALLOWING THE USE OF CITY STREETS AND
AUTHORIZING THE CLOSURE OF CERTAIN STREETS IN ORDER TO FACILITATE THE USA
NETWORK “CHARACTER ROAD TRIP” FILMING TO BE HELD ON THURSDAY DECEMBER 14,
WHEREAS, the USA Network will be holding the filming of a segment of their
“Character Road Trip” show spotlighting a local character of interest on
December 14, 2006; and
WHEREAS, to accommodate the filming of the “Character Road Trip” segment,
USA Network applied for a temporary use permit to have the following streets
closed to traffic between 12:00 noon and 3:00 pm on December 14, 2006:
First Street from Oak Street to Chestnut Street
Chestnut Street from First Street to Midway Alley
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
filming of the USA Network “Character Road Trip” segment, 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; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
1. Finds that, as conditioned, the proposed temporary use will not adversely
affect adjacent properties or the public health, safety, or welfare; and
2. Approves TUP 06-23 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, between the hours of 12:00 pm 3:00
pm, December 14, 2006.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
an adjourned regular meeting held on December 12, 2006 by the following
EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR TUP 06-23
1. All aspects of the proposed use and street closures shall be in
substantial conformance with Attachment 1, date stamped December 4, 2006.
2. Applicant shall provide documentation of Contra Costa County Fire
Department approval for street closure accessibility to the Community
Development Department before date of event.
3. The applicant shall provide proof of liability insurance coverage naming
the city as additionally insured in the amount of $1,000,000.00 per
occurrence before the date of the filming.
4. The hours of the street closure are as follows:
Thursday, December 14, 2006 from 12:00 noon to 3:00 pm
5. Applicant shall 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 caused solely by the City’s active negligence.
6. Applicant shall restore any areas used by the filming to the original or
better condition at termination of the event.
7. No parking shall be allowed in front of any street closure signs or
8. Parking spaces shall be reserved in the City-owned parking lot between
Brentwood Boulevard and Diablo Way to accommodate guest parking for the
scheduled lunch event at Hiro’s Steak and Sushi.
9. Applicant shall reimburse all City costs at the conclusion of the event.
ATTACHMENT “1” TO
EXHIBIT A, CITY COUNCIL RESOLUTION NO.
FILM SITE MAP WITH STREET CLOSURES FOR TUP 06-23