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 CITY COUNCIL AGENDA ITEM NO. 17


Meeting Date: May 13, 2008

Subject/Title: Adopt a resolution approving a temporary use permit (TUP 08-06) and allowing the use of City right-of-way and authorizing the closure of a portion of Pine Street in order to facilitate the 1st Annual “Day of the Children” Fundraiser, to be held on Sunday, May 18, 2008, between the hours of 9:00 a.m. and 7:00 p.m.

Prepared by: Jeff Zilm, Senior Planner

Submitted by: Casey McCann, Interim Community Development Director


RECOMMENDATION
Adopt a resolution approving a temporary use permit (TUP 08-06) and allowing the use of City right-of-way and authorizing the closure of a portion of Pine Street in order to facilitate the 1st Annual “Day of the Children” Fundraiser, to be held on Sunday, May 18, 2008, between the hours of 9:00 a.m. and 7:00 p.m.

PREVIOUS ACTION
This is the first year for this event and no previous action has taken place.

BACKGROUND
On February 27, 2008, One Day At A Time submitted an application to use City right-of-way located on Pine Street between First Street and Second Street to hold the 1st Annual “Day of the Children” Fundraiser. 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 fundraiser will take place primarily on the Liberty Union High School District’s property, located at the corner of Pine Street and Second Street. The actual street closure would include Pine Street, from the intersection of First Street and Pine Street to the intersection of Second Street and Pine Street. The fundraiser is scheduled from 12:00 noon to 5:00 p.m. on May 18, 2008. The actual street closure will begin at 9:00 a.m. and end at 7:00 p.m. in order to accommodate the necessary setup and tear-down associated with the fundraiser.

The proposed fundraiser layout consists of approximately 15 bounce houses and booths set up along either side of Pine Street, while maintaining emergency and pedestrian access, visibility and maximum exposure to Pine Street. The bounce houses and booths 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 fundraiser is expected to draw as many as 5,000 participants.

The proposed fundraiser is expected to have minimal impact upon surrounding residences and business establishments. Barriers and signs will be placed at the Pine Street/Second Street intersection and at the Pine Street/First Street intersection to prevent vehicles from turning onto Pine Street. Additionally, the fundraiser 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 only one block of Pine Street will be affected by the closure and the major traffic conduits through the Downtown (First Street and Second Street) will not be affected, allowing unrestricted traffic flow through the area.

The Police and the Engineering Departments have reviewed the TUP application and determined that the security and road closure staff being provided by One Day At A Time will be able to perform the job safely and no additional City staff is required. The Fire Department did comment on the TUP application and their concerns have been made into conditions of approval for the project.

FISCAL IMPACT
The applicant has paid the $474.00 TUP processing fee. There is no need for any additional police or engineering services.

Attachments:
1. TUP Resolution
2. TUP Conditions of Approval
3. Street closure map
4. 1st Annual “Day of the Children” Fundraiser brochure, dated “Received February 26, 2008


RESOLUTION NO. 2008-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A TEMPORARY USE PERMIT (TUP 08-06) AND ALLOWING THE USE OF CITY RIGHT-OF-WAY AND AUTHORIZING THE CLOSURE OF A PORTION OF PINE STREET IN ORDER TO FACILITATE THE 1ST ANNUAL “DAY OF THE CHILDREN” FUNDRAISER, TO BE HELD ON SUNDAY MAY 18, 2008, BETWEEN THE HOURS OF 9:00 A.M. AND 7:00 P.M.

WHEREAS, One Day At A Time will be holding the 1st Annual “Day of the Children” Fundraiser on Sunday May 18, 2008; and

WHEREAS, to accommodate the 1st Annual “Day of the Children” Fundraiser, it is requested that the following street be closed to traffic between 9:00 a.m. and 7:00 p.m. on Sunday May 18, 2008:

Pine Street from Second Street to First Street; and

WHEREAS, pursuant to Vehicle Code Section 21101(e), the City may temporarily close portions of streets for local special events such as the 1st Annual “Day of the Children” Fundraiser, 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 08-06 subject to the conditions of approval set forth in Exhibit A, attached hereto, and authorizes the closure of Pine Street between the hours of 9:00 am and 7:00 pm, on Sunday May 18, 2008.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on May 13, 2008, by the following vote:





EXHIBIT A
CONDITIONS OF APPROVAL FOR TUP 08-06

1. All aspects of the proposed use and street closure shall be in substantial conformance with the information provided on the fundraiser brochure, dated “Received February 26, 2008”.

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

3. This temporary use permit shall be valid only for Sunday May 18th, 2008, between the hours of 9:00 a.m. and 7:00 p.m.

4. Hours of operation for the fundraiser shall be limited to 12:00 noon through 5:00 p.m.

5. Setup may not begin prior to closure of the streets at 9:00 a.m. on the day that the fundraiser is in operation.

6. Barricades must be placed at the intersection of Pine Street and First Street and at the intersection Pine Street and Second Street to prevent vehicular traffic from using this portion of the street.

7. Pine Street must be restored to its normal status and all event-related tear-down must be completed no later than 7:00 pm on the day of the fundraiser.

8. A central fire-lane must be maintained down the middle of Pine Street 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 16, 2008.

9. No parking spaces may be reserved. Parking is available on a first-come-first-served basis.

10. The applicant shall work with the City of Brentwood Solid Waste Division to schedule a garbage pick-up and street sweeping after the event.

11. A representative from One Day at a Time shall be present at the event to monitor setup and tear-down activities.

12. 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 16, 2008.

13. 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, prior to May 16, 2008.

14. The applicant shall repair any damage caused by the event or the Public Works Department will repair the damage and cash the posted bond.

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

16. The applicant shall provide proof of contract for portable toilets. 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.

17. 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 those claims caused by the City’s sole negligence or willful misconduct.

18. The One Day At A Time staff 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 fundraiser.

19. The applicant shall obtain an encroachment permit from the Public Works Department, prior to May 16, 2008.

20. The applicant shall not use paint or other permanent types of markings for staging directions on City streets and shall remove any temporary ones at the end of the event.
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