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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: May 22, 2007

Subject/Title: Adopt a Resolution approving Temporary Use Permit No. 07-08 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: John Strandberg, Community Development Technician

Submitted by: Howard Sword, Community Development Director
________________________________________

RECOMMENDATION
Adopt a Resolution approving Temporary Use Permit No. 07-08 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 13th and ending at 6:30 p.m. on Sunday July 15th.
PREVIOUS ACTION
On April 13, 2004, the City Council approved an amendment to the Brentwood Municipal Code (BMC) section for temporary use permits. The BMC 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.” The City Council approved a Memorandum of Understanding (MOU) between the City and the Chamber of Commerce detailing the responsibilities of both parties on April 10, 2007 for the 2007 Cornfest. All agreed upon conditions of the MOU are conditioned as part of this TUP.
BACKGROUND
On April 13, 2007, 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 11, 2007 and 11:00 p.m. Sunday, July 15, 2007;
• City parking lot on Second Street, between 5:30 p.m. Wednesday, July 11, 2007 and 11:00 p.m. Tuesday, July 17, 2007;
• Maple Street, between Midway Alley and Second Street, between the hours of 5:30 p.m. Thursday, July 12, 2007 and 11:00 p.m. Sunday, July 15, 2007;
• Second Street, between Brentwood Blvd. and 120’ south of Oak Street, between the hours of 5:30 p.m. Thursday, July 12, 2007 and 11:00 p.m. Sunday, July 15, 2007;
• Pine Street, from Second Street to Diablo Way, between the hours of 5:30 p.m. Thursday, July 12, 2007 and 11:00 p.m. Sunday, July 15, 2007;
• First Street, from Pine Street to 70’ south of Pine Street, between the hours of 5:30 p.m. Thursday, July 12, 2007 and 11:00 p.m. Sunday, July 15, 2007;
• 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 12, 2007 and 11:00 p.m. Sunday, July 15, 2007;
• 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 13, 2007 and 11:00 p.m. Saturday, July 14, 2007;
• Midway Alley, between Oak Street and Pine Street, between the hours of 5:00 p.m. Friday July 13, 2007 and 11:00 p.m. Sunday, July 15, 2007;
• City Parking lot eastern half in front of City Hall on Third Street between 5:00 p.m. Friday, July 13, 2007 and 11:00 p.m. Sunday, July 15, 2007;
• City Parking lot western half in front of City Park on Third Street between 5:30 p.m. Thursday, July 12, 2007 and 11:00 p.m. Sunday, July 15, 2007;
• The west bound lane of Oak Street, between Midway Alley and First Street between 5:00 p.m. Friday, July 13, 2007 and 11:00 p.m. Sunday, July 15, 2007.
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 and the former police station site adjacent to the Union Pacific Railroad tracks on the corner of Central Boulevard and Walnut Boulevard. The exceptions are the City lot on Second Street and the City lot in front of City Hall on Third Street, as well as on-street parking throughout the downtown area which would be closed to traffic.
FISCAL IMPACT

The Chamber of Commerce has paid all permit fees associated with the TUP process. It is unknown at this time what the exact amount of the City fees will be since the level of services is dependent on situations and circumstances that will occur during the three-day event. If no unforeseen situations occur, the reimbursement by the Chamber for City services for the 2007 Cornfest, under the terms and conditions of the MOU, is estimated at $39,000.

A donation request to fund the cost of fireworks ($23,000) under the Council’s non-profit funding policy will be brought to the City Council for consideration upon the adoption of the Operating Budget for Fiscal Year 2007/08.

Attachments:
1. Proposed City Council Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT NO. 07-08 AND AUTHORIZING THE CLOSURE OF CERTAIN STREETS AND TEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS AND TOW-AWAY ZONES IN ORDER TO FACILITATE THE 2007 BRENTWOOD CHAMBER OF COMMERCE CORNFEST TO BE HELD FOR THREE DAYS STARTING FRIDAY, JULY 13, 2007 AT 5:00 P.M. AND ENDING SUNDAY, JULY 15, 2007 AT 6:00 P.M..

WHEREAS, the Brentwood Chamber of Commerce will be holding their annual Cornfest from Friday, July 13, at 5:00 p.m. until Sunday, July 15, 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 2007, 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 11, 2007 and 11:00 p.m. Sunday, July 15, 2007.

• City parking lot on Second Street, between 5:30 p.m. Wednesday, July 11, 2007 and 11:00 p.m. Tuesday, July 17, 2007.

• Maple Street, between Midway Alley and Second Street, between the hours of 5:30 p.m. Thursday, July 12, 2007 and 11:00 p.m. Sunday, July 15, 2007.

• Second Street, between Brentwood Blvd. and 120’ south of Oak Street, between the hours of 5:30 p.m. Thursday, July 12, 2007 and 11:00 p.m. Sunday, July 15, 2007.

• Pine Street, from Second Street to Diablo Way, between the hours of 5:30 p.m. Thursday, July 12, 2007 and 11:00 p.m. Sunday, July 15, 2007.

• First Street, from Pine Street to 70’ south of Pine Street , between the hours of 5:30 p.m. Thursday, July 12, 2007 and 11:00 p.m. Sunday, July 15, 2007.

• 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 12, 2007 and 11:00 p.m. Sunday, July 15, 2007.

• 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 13, 2007 and 11:00 p.m. Saturday, July 14, 2007.

• Midway Alley, between Oak Street and Pine Street, between the hours of 5:00 p.m. Friday July 13, 2007 and 11:00 p.m. Sunday, July 15, 2007.

• City Parking lot eastern half in front of City Hall on Third Street between 5:00 p.m. Friday, July 13, 2007 and 11:00 p.m. Sunday, July 15, 2007;
• City Parking lot western half in front of City Park on Third Street between 5:30 p.m. Thursday, July 12, 2007 and 11:00 p.m. Sunday, July 15, 2007;
• The west bound lane of Oak Street, between Midway Alley and First Street between 5:00 p.m. Friday, July 13, 2007 and 11:00 p.m. Sunday, July 15, 2007.

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 2007 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.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:

A. Hereby finds that TUP 07-08 is consistent with the Municipal Code requirements in that:

1. The subject sites and street closures will have adequate pedestrian and vehicular circulation and parking available, in that the streets being closed will still allow vehicle access to the majority of residential and commercial properties within the downtown while keeping open the main thoroughfares around the downtown area and maintaining pedestrian access to the majority of sites not accessible by vehicles. Parking will be allowed in most Municipal parking lots including the former police station site.

2. Visibility, noise and light are addressed by closing times of 10:30 p.m. on Friday July 13, 2007, 9:00 p.m. on Saturday July 14, 2007 and 6:00 p.m. on Sunday July 15, 2007 allowing enough time for attendees to vacate the area without going late into the evening.

B. Hereby approves TUP 07-08, subject to the attached Conditions of Approval and has ordered the Police Department to close the above mentioned streets, prohibit parking and establish a tow-away zone between the hours set forth above and more particularly depicted on the attached 2007 Cornfest street closure map.

This permit shall terminate on July 15, 2007.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on May 22, 2007 by the following vote:

Attachments:

1. Conditions of Approval
2. Street Closure Map
3. 2007 Memorandum of Understanding, approved on April 10, 2007

ATTACHMENT 1
CONDITIONS OF APPROVAL
TUP NO. 07-08

1. This TUP shall be valid from July 11, 2007 through July 17, 2007.

2. This TUP shall operate under all guidelines and standards set forth in the Memorandum of Understanding and all exhibits therein between the City and Chamber of Commerce approved by the City Council on April 10, 2007.

3. 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.

4. 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.

5. 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.

6. If required at any time during the event, Cornfest shall implement a City-mandated traffic control plan.

7. 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.

8. Applicant shall provide proof of contract for portable sanitary facilities prior to commencement of use.

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

10. All street closure places and times shall be consistent with the attached street closure map.

ATTACHMENT 2
 

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