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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: April 22, 2008

Subject/Title: 1) Adopt a resolution to approve Temporary Use Permit No. 08-08 to allow the Pacific Coast Farmers’ Market Association the use of City-owned property for the Brentwood Farmers’ Market affecting the closure of streets. 2) Adopt a resolution to authorize a donation not to exceed $5,000 to the Brentwood Chamber of Commerce for the Brentwood Farmers’ Market

Prepared by: Jeff Zilm, Senior Planner
Linda Maurer, Economic Development Manager

Submitted by: Casey McCann, Interim Director of Community Development

RECOMMENDATION
1) Adopt a resolution approving Temporary Use Permit No. 08-08 to allow for the use of City-owned property for the staging of the Brentwood Farmers’ Market sponsored by the Pacific Coast Farmers Market Association for 25 days, occurring weekly beginning Saturday, May 10th and ending Saturday, October 25th, between the hours of 6:00 am and 1:00 pm.

2) Adopt a resolution authorizing a donation not to exceed $5,000 to the Brentwood Chamber of Commerce for the Brentwood Farmers’ Market

PREVIOUS ACTION
On January 24, 2006, the City Council approved Resolution No. 2006-18 amending the Council/Administrative Policy Manual to add a new Policy No. 10-12 related to the policies and procedures for requests for use of City Funds.

On May 8, 2007, the City Council approved Resolution No. 2007-95, authorizing a $20,000 donation to the Brentwood Chamber of Commerce for the Brentwood Farmers’ Market and approval of TUP No. 07-07 for the Farmers Market.

BACKGROUND
Temporary Use Permit for Pacific Coast Farmers Market Association
On March 11, 2008, the Pacific Coast Farmers Market Association submitted an application to use City right-of-way located along First Street to hold the Brentwood Farmers’ Market. Section 17.850.004 of the Brentwood Municipal Code requires that any temporary use seeking closure of City right-of-way must be approved by the City Council.

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 Brentwood Farmers’ Market is located within the Downtown Core commercial area of the Downtown Specific Plan. The actual street closure would include First Street from the intersection of Oak Street to a point approximately 65 feet north of Chestnut Street. The Farmers’ Market is scheduled from 8:00 am to 12:00 noon every Saturday, beginning May 10, 2008 until October 25, 2008. The actual street closure will begin at 6:00 am and end at 1:00 pm each day in order to accommodate the necessary setup and tear-down associated with the market. In 2006, the Farmers’ Market was held on Thursday afternoons in City Park. In 2007, the Farmer’s Market was moved to Saturday mornings as recommended by the Agricultural Enterprise Committee, a subcommittee of the City Council consisting of Vice Mayor Bob Brockman and Council Member Erick Stonebarger.

The Brentwood Farmers’ Market will consist of approximately 40 vendor stalls set up along either side of First Street, while maintaining access, visibility and maximum exposure to the First Street merchants. The stalls will be erected within the right-of-way and will allow enough room within the aisle for emergency vehicles should they need to access that portion of the roadway. The market may draw as many as 2,000 customers in addition to the vendors over the course of each Saturday that the market is in operation.

The proposed Brentwood Farmers’ Market hours are:

Saturday from 8:00 am to 12:00 noon – Farmers’ Market
Saturday from 6:00 am to 1:00 pm – actual hours of the street closure

The only proposed change from last year’s Farmers’ Market is that it would be open for business on Saturday, July 12th, which is partly during CornFest. One potential impact that staff sees with this is anyone who may come downtown after 10 a.m. (the opening time for the CornFest) just to participate in the Farmers’ Market may find it difficult to locate a parking space. The tradeoff is that the additional people in the downtown for the CornFest may help increase attendance at the Farmers’ Market. Another potential impact is the increased difficulty the Farmers’ Market vendors may experience breaking down their booths by 1:00 pm. These potential impacts need to be discussed with the vendors, store owners along First Street and the Chamber in order to ensure both functions occur with minimal impacts and confusion. Staff has included a condition requiring the applicant to submit details outlining a coordination plan to help achieve a smooth interface between the Farmers’ Market and the CornFest. The Chamber is very excited about being open during the CornFest and staff has no doubt that they will do what needs to be done in order to have a successful event.

For the most part the proposed market will have minimal impact upon surrounding residences and business establishments. The only residence located on the block in question is located south of the proposed market and the street closure has been designed in such a way that vehicular access to the residence will be maintained. Businesses located along that particular portion of First Street will remain accessible to pedestrians and several of the affected businesses located on the east side of the street have private parking areas that are accessible from Midway Alley. Additionally, the market is likely to draw many people who typically do not frequent the Downtown on a regular basis, increasing exposure for local merchants.

Traffic will be minimally impacted in the area, as this portion of First Street will be closed from 6:00 am to 1:00 pm on each Saturday for several months during the summer and fall months. Only one block of First Street is affected by the closure and the major traffic conduits through the Downtown (Oak Street and Chestnut Street) will not be affected, allowing unrestricted east-west traffic flow.

Chamber Support for the Farmers’ Market
The Brentwood Chamber of Commerce provides annual marketing support for the Brentwood Farmers’ Market. This seasonal community event draws thousands of residents into the Downtown and has become an event with many positive public benefits, including the promotion and consumption of locally-grown produce.

Since the Brentwood Farmers’ Market began in 2003, the City has contributed $50,000 to the Brentwood Chamber of Commerce to provide sponsorship and support of the event. This year, the Chamber is seeking $5,000, a smaller amount due to the event’s growing popularity on First Street and increased business support. The Chamber intends to use these sponsorship dollars to provide for advertising and promotional support for the market during the middle of summer and early fall, when attendance rates at the market begin declining.

Use of City Funds Policy No. 10-12 states that donation requests over $1,000 must be approved by the City Council based upon the following standards:

1. Good cause exists that a donation is necessary or the event will not take place.
2. Applicant must demonstrate it has the managerial and fiscal competence to complete the event and that it has pursed other sources of financial support.
3. If the event is for a population greater than the City of Brentwood limits, evidence must be given as to how funds are secured for those who live outside the city limits.
4. A certificate of insurance or statement of self-insurance and hold harmless agreement with the City must be provided.
5. Scheduling of the event is subject to availability.
6. Reasonable steps shall be made to minimize impacts to the City and its residents.
7. Within 30 days of completion of the event a written report, to the Director of the event, shall be provided. This report shall include at a minimum, the number of participants, the event revenue and expenses, copies of all publicity of the event, any benefit to the community and an accounting of where/when/how the proceeds of the event will be dispersed.
8. Failure to abide by the rules and procedures will result in the denial of funding and ineligible future fee waiver and/or fee reductions.

After review of the application, staff believes that this request meets the criteria outlined in the policy, based upon the following;

1. The donation is necessary to provide advertising support towards the end of the growing season when attendance starts to decline.
2. This is the fifth year for the Farmers’ Market and each event has occurred with no outstanding issues.
3. This event is intended to draw Brentwood residents into the Downtown to experience locally grown produces.
4. A certificate of insurance has been provided by the applicant.
5. The approval of a temporary use permit will secure the time and dates requested to hold the Farmers’ Market.
6. Adhering to the attached conditions of approval on the temporary use permit will help minimize the impacts to the City and its residents.

Staff recommends awarding the funding to the Brentwood Chamber of Commerce for the Farmers’ Market.

FISCAL IMPACT
The applicant has paid the $474.00 processing fee associated with approval of the temporary use permit. There is no need for any additional police services. Approval of the donation will result in an expenditure of up to $5,000 for the advertising and promotional support of the Farmers’ Market, and is included in the Agricultural Administration Fund 262 portion of the 2007/08 Operating Budget.

Attachments:
1. TUP Resolution
2. TUP Conditions of Approval
3. Street closure map
4. Fee Donation Resolution
5. 2008 Brentwood Farmers’ Market Standard Operating procedures
6. Letter from the Pacific Coast Farmers’ Market Association, dated March 13, 2008

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A TEMPORARY USE PERMIT (TUP 08-08) AND ALLOWING THE USE OF CITY STREETS AND AUTHORIZING THE CLOSURE OF A PORTION OF FIRST STREET IN ORDER TO FACILITATE THE 2008 PACIFIC COAST FARMERS’ MARKET ASSOCIATION BRENTWOOD FARMERS’ MARKET, TO BE HELD ON SATURDAYS BEGINNING MAY 10, 2008 AND ENDING OCTOBER 25, 2008, BETWEEN THE HOURS OF 6:00 AM AND 1:00 PM.

WHEREAS, the Pacific Coast Farmers’ Market Association will be holding the Brentwood Farmers’ Market on each Saturday beginning May 10, 2008 and ending October 25, 2008; and

WHEREAS, to accommodate the 2008 Brentwood Farmers’ Market, it is requested that the following street be closed to traffic between 6:00 am and 1:00 pm on Saturdays beginning May 10, 2008 and ending October 25, 2008,:

First Street from Oak Street to a point approximately 65 feet north of Chestnut Street (as shown on Attachment 1 of Exhibit A); and

WHEREAS, pursuant to Vehicle Code Section 21101(e), the City may temporarily close portions of streets for local special events such as the Brentwood Farmers’ Market, 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 hereby approves TUP 08-08 subject to the conditions of approval set forth in Exhibit A, attached hereto, and authorizes the closure of First Street between the hours of 6:00 am and 1:00 pm, each Saturday beginning May 10, 2008 and ending October 25, 2008.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on April 22, 2008, by the following vote:

EXHIBIT A
CONDITIONS OF APPROVAL FOR TUP 08-08

1. All aspects of the proposed use and street closures shall be in substantial conformance with the Brentwood Certified Farmers’ Market 2008 Standard Operating Procedures letter, dated “Received March 11, 2008”.

2. No parking shall be allowed in front of any street closure signs or barricades.

3. This temporary use permit shall be valid Saturday mornings beginning May 10th, 2008 through October 25th, 2008.

4. Hours of operation shall be limited to 8:00 am through 12:00 noon each Saturday. No vendor shall begin sales or distribution prior to 8:00 am.

5. Setup may not begin prior to closure of the streets at 6:00 am each of the days that the market is in operation.

6. Subject to the approval of the Chief of Police, vehicles and/or other appropriate mechanisms must be placed at both ends of the market (within the barricaded area), blocking First Street to through-traffic. These vehicles must be in place prior to 8 am and the drivers must be readily on-hand to move them in the event of an emergency. Temporary signage must be placed on these vehicles identifying the area beyond them as being utilized for the Farmers’ Market.

7. Barricades must be placed as shown on ‘Attachment 1’ of this exhibit.

8. The street must be restored to its normal status and all market-related tear-down must be completed no later than 1:00 pm each of the days that the market is in operation.

9. A central fire-lane must be maintained down the middle of the market area meeting Fire District requirements, or a minimum dimension of 16 feet, whichever is greater. A copy of a Fire District-approved site plan must be provided to the Community Development Department prior to May 10, 2008.

10. No parking spaces may be reserved for vendors. Vendor parking is available on a first-come-first-served basis.

11. The applicant must work with the City of Brentwood Solid Waste Division to schedule a garbage pick-up after each event.

12. A representative from the Pacific Coast Farmers’ Market Association must be present at each event to monitor setup and tear-down.

13. The applicant shall provide proof of liability insurance coverage naming the City of Brentwood as additionally insured in the amount of $1,000,000.00 per occurrence prior to May 10, 2008.

14. The applicant shall post and maintain a clean-up/repair bond in the amount of $1,000.00 with the Director of Public Works/City Engineer.

15. The applicant shall repair any damage caused by the weekly events or the Public Works Department will repair the damage and cash the posted bond.

16. The applicant shall provide verification of non-profit status to the Community Development Department prior to May 10, 2008.

17. The applicant shall provide proof of contract for portable toilet facilities or a written agreement with a business owner occupying space fronting the market area allowing market patrons the use of restroom facilities. Prior to installation of any portable restroom facilities, the applicant shall submit a site plan showing the proposed restroom locations for the review and approval of the Community Development Director.

18. The applicant shall provide a statement to the City stating 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.

19. The applicant shall submit details outlining a coordination plan to help achieve a smooth interface between the Farmers’ Market and the Corn Festival. Said plan should include, but not be limited to, access options for the Farmers’ Market vendors, addressing how the First Street closure and reopening would impact the Corn Festival, and addressing how closing First Street for the Farmers’ Market, during the Corn Festival, would affect the surrounding business owners. This coordination plan shall be submitted to the Community Development Department for review and approval by June 20, 2008.

20. The Pacific Coast Farmers Market Association shall make a good faith effort to work with City staff in addressing any concerns that arise relating to the placement or operation of the market.

21. The applicant shall obtain an encroachment permit from the Public Works Department.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING A DONATION NOT TO EXCEED $5,000 TO THE BRENTWOOD CHAMBER OF COMMERCE FOR THE 2008 BRENTWOOD FARMERS’ MARKET

WHEREAS, on January 24, 2006, the City Council approved Resolution No. 2006-18 amending the Council/Administrative Policy Manual to add a new Policy No. 10-12 related to the polices and procedures for requests for use of City Funds (the “Policy”); and

WHEREAS, the Brentwood Chamber of Commerce has submitted an application for funding for the 2008 Brentwood Farmers’ Market in the amount of $5,000; and

WHEREAS, this seasonal, community event draws thousands of residents into the Downtown and has become an event with many positive public benefits, including the promotion and consumption of locally-grown produce; and

WHEREAS, after review of the application, the Interim Director of Community Development has determined that the request meets the list of said criteria outlined in the Policy.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood authorizes a donation not to exceed $5,000 to the Brentwood Chamber of Commerce to fund and promote the 2008 Brentwood Farmers’ Market.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on April 22, 2008, by the following vote:

Brentwood Certified Farmers’ Market
2008
Standard Operating Procedures

Saturdays, 8am – 12pm. May 10th – Oct. 25th, 2008

Introduction
Welcome to the Brentwood Certified Farmers' Market, a Pacific Coast Farmers' Market project. We would like to take the opportunity to establish a few basic market guidelines enabling all producers and market staff to communicate and work together in the most efficient manner possible. Please take the time to review and become familiar with the following necessary policies and procedures to ensure the success of your market!

New location, First Street between Oak and Chestnut streets.

Arrival Time
Market hours are 8am to 12pm every Saturday.

The market operates rain or shine unless otherwise informed by the market manager. Producers are invited to arrive as early as 6 am but should arrive no later than 7:30am. Producers and vendors arriving later than 7:30 am will be required to offload their set-up and goods to their position via foot or hand-truck if the manager determines it is unsafe for vehicle movement.

Selling
No selling is allowed before the market opens at 8am. No vehicle movement will be permitted during the market hours without manager approval. The market will close at 12pm and the street must be return to its original condition by 1 pm.

Equipment
PCFMA requires all producers and vendors to come prepared to set up and operate in all types of weather, (sun, wind, rain, etc.). You should not rely on the market manger to provide you with the necessary equipment. Recommended equipment should include the following: EZ-Ups or awnings/shelters, (clean, fully operational, weighted, and safe), tables, table coverings, and signs to display prices. If you are selling good by the pound, you must also bring a scale that is sealed by the Ag Commissioner.

Property
PCFMA requires the cooperation and participation of all producers and vendors in helping to maintain public property. Please do not place any equipment, produce, or goods on any bushes, shrubbery, or landscaping and respect all signs and notices that are posted within the market.

Departure Time
Notification of an early departure must be arranged with market manager in advance.

Communication
Finally, in order to maintain a well-organized, smooth running market there is a certain level of communication that must be upheld in respects to all fanners, producers, and staff that are involved in the market. If you are not planning to attend the market that week, (for any reason), please don't hesitate to contact the PCFMA offices or the market manager personally to inform him/her or your absence.

If you are running late, or need to leave early for any reason, again please try to contact the office or the manager to inform him/her of a change in schedule. (Please refer to the footnotes at the end of the SOP for PCFMA'S Rules and Regulations regarding arrivals, departure, and cancellations). Also, feel free to inform the market manager of any suggestions, questions, concerns, or complaints that you feel that would contribute to your profitability, longevity, and success.

Cancellation
Producers are required to cancel two (2) days (48 hours) prior to market day to avoid stall fee charges. Producers who cancel less than two (2) days before market day, regardless of the reason, (i.e. truck breakdowns, employee availability, etc.) are responsible for the stall fee unless the Association can fill the stall. Generally, a two-(2) day notice may be sufficient to allow for filling the space. One day notice is not sufficient. Producers who fail to notify the Market Manager of a cancellation twice in a three (3) month period or cancel a market 3 times in a 3-month period may permanently lose their stall space for that market.

Pacific Coast Farmers’ Market Association
5056 Commercial Circle, Suite E, Concord, CA 94520
925-825-9090 • 925-825-9101 (fax) • www.pcfma.com
 
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