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CITY COUNCIL AGENDA ITEM NO. 17



Meeting Date: June 24, 2008

Subject/Title: Adopt a Resolution approving Temporary Use Permit No. 08-14 to allow the Brentwood Chamber of Commerce the use of City right-of-way for the staging of the annual Cornfest, located within the downtown and affecting the closure of surrounding streets.

Prepared By: Jeff Zilm, Senior Planner

Submitted By: Casey McCann, Interim Community Development Director


RECOMMENDATION
Adopt a Resolution approving Temporary Use Permit No. 08-14 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 11th and ending at 6:00 p.m. on Sunday July 13th.

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 May 13, 2008 for the 2008 Cornfest. All agreed upon conditions of the MOU are conditioned as part of this temporary use permit.

• The City Council approved a donation request to fund the cost of fireworks ($23,000) on May 13, 2008.

BACKGROUND
On May 13, 2008, the Brentwood Chamber of Commerce submitted an application to use City right-of-way located in the downtown to hold its annual Cornfest event. The event will take place on July 11th, from 5:00 p.m. to 10:30 p.m., July 12th, from 10:00 a.m. to 9:00 p.m. and July 13th, from 10:00 a.m. to 6:00 p.m. The fireworks show will begin at 9:45 p.m. on Friday night July 11th.

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 street closures affect several of the streets in the downtown, as follows:

• Maple Street, between Second Street and the end of Third Street including the Brentwood Library parking lot, between the hours of 5:30 p.m. Wednesday, July 9, 2008 and 11:00 p.m. Sunday July 13, 2008;

• City parking lot on Second Street, between the hours of 5:30 p.m. Wednesday, July 9, 2008 and 11:00 p.m. Tuesday, July 15, 2008;

• Second Street, between Brentwood Boulevard and roughly 120’ south of Oak Street and Maple Street, between Midway Alley and Second Street, between the hours of 5:30 p.m. Thursday, July 10, 2008 and 11:00 p.m. Sunday, July 13, 2008;

• First Street, from Pine Street to roughly 70’ south of Pine Street and Pine Street, from Second Street to Diablo Way, between the hours of 5:30 p.m. Thursday, July 10, 2008 and 11:00 p.m. Sunday, July 13, 2008;

• 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 10, 2008 and 11:00 p.m. Sunday, July 13, 2008;

• 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 11, 2008 and 11:00 p.m. Saturday, July 12, 2008;

• Midway Alley, between Oak Street and Pine Street, between the hours of 5:00 p.m. Friday, July 11, 2008 and 11:00 p.m. Sunday, July 13, 2008;

• City Parking lot eastern half in front of City Hall on Third Street, between the hours of 5:00 p.m. Friday, July 11, 2008 and 11:00 p.m. Sunday, July 13, 2008;

• City Parking lot western half in front of City Park on Third Street, between the hours of 5:30 p.m. Thursday, July 10, 2008 and 11:00 p.m. Sunday, July 13, 2008; and

• The west bound lane of Oak Street, between Midway Alley and First Street, between the hours of 5:00 p.m. Friday, July 11, 2008 and 11:00 p.m. Sunday, July 13, 2008.

The Chamber of Commerce is also requesting the use of the following public parking lots and vacant City owned parcels to provide additional parking for the event, between the hours of 5:00 p.m. Friday, July 11, 2008 and 11:00 p.m. Sunday, July 13, 2008:

• The public parking lot on Brentwood Boulevard located between Oak Street and Maple Street (APN 013-091-010);

• The public parking lot, located at the corner of Chestnut Street and First Street (APN 013-110-010);

• The public parking lot, located at the corner of Chestnut Street and Brentwood Boulevard (APN 013-132-001);

• The vacant City owned parcel, located at the corner of Oak Street and Walnut Boulevard (APN 013-232-006);

• The vacant City owned parcel, located at the corner of Central Boulevard and Walnut Boulevard (APN 017-160-004); and

• The vacant City owned parcel, located at the corner of Sycamore Avenue and Sycamore Court (APN 016-160-037).

The Chamber of Commerce is planning to assign the individual parking lots and vacant parcels to different charitable organizations, allowing them to charge for parking in order to raise money for their respective organizations. In the event not all of the parcels or lots are requested to be used, the Chamber will use the remaining lots and parcels to raise additional monies for the Chamber.

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. Parking will be available in all municipal parking lots and the three vacant City owned parcels referenced above. The only 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 thru-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 City fees will be since the level of service that will be provided is dependent on situations and circumstances that will occur during the three-day event. If no unforeseen situations occur, the reimbursement by the Chamber of Commerce for City services for the 2008 Cornfest, under the terms and conditions of the MOU, is estimated at $42,500.

A donation request to fund the cost of fireworks ($23,000) was submitted to the City Council for review and approval on May 13, 2008. This expenditure is included in the Economic Development portion of the Fiscal Year 2008/2009 Operating Budget.

Attachments:
1. Proposed City Council Resolution


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT NO. 08-14 AND AUTHORIZING THE CLOSURE OF CERTAIN STREETS AND TEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS AND TOW-AWAY ZONES IN ORDER TO FACILITATE THE 2008 BRENTWOOD CHAMBER OF COMMERCE CORNFEST TO BE HELD FOR THREE DAYS STARTING FRIDAY, JULY 11, 2008 AT 5:00 P.M. AND ENDING SUNDAY, JULY 13, 2008 AT 6:00 P.M..

WHEREAS, the Brentwood Chamber of Commerce will be holding their annual Cornfest from Friday, July 11, 2008, at 5:00 p.m. until Sunday, July 13, 2008, 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 2008, 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 Brentwood Library parking lot, between the hours of 5:30 p.m. Wednesday, July 9, 2008 and 11:00 p.m. Sunday July 13, 2008; and

• City parking lot on Second Street, between the hours of 5:30 p.m. Wednesday, July 9, 2008 and 11:00 p.m. Tuesday, July 15, 2008; and

• Maple Street, between Midway Alley and Second Street, between the hours of 5:30 p.m. Thursday, July 10, 2008 and 11:00 p.m. Sunday, July 13, 2008; and

• Second Street, between Brentwood Boulevard and 120’ south of Oak Street, between the hours of 5:30 p.m. Thursday, July 10, 2008 and 11:00 p.m. Sunday, July 13, 2008; and

• Pine Street, from Second Street to Diablo Way, between the hours of 5:30 p.m. Thursday, July 10, 2008 and 11:00 p.m. Sunday, July 13, 2008; and

• First Street, from Pine Street to 70’ south of Pine Street, between the hours of 5:30 p.m. Thursday, July 10, 2008 and 11:00 p.m. Sunday, July 13, 2008; and

• 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 10, 2008 and 11:00 p.m. Sunday, July 13, 2008; and

• 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 11, 2008 and 11:00 p.m. Saturday, July 12, 2008; and

• Midway Alley, between Oak Street and Pine Street, between the hours of 5:00 p.m. Friday, July 11, 2008 and 11:00 p.m. Sunday, July 13, 2008; and

• City Parking lot eastern half in front of City Hall on Third Street, between the hours of 5:00 p.m. Friday, July 11, 2008 and 11:00 p.m. Sunday, July 13, 2008; and

• City Parking lot western half in front of City Park on Third Street, between the hours of 5:30 p.m. Thursday, July 10, 2008 and 11:00 p.m. Sunday, July 13, 2008; and

• The west bound lane of Oak Street, between Midway Alley and First Street, between the hours of 5:00 p.m. Friday, July 11, 2008 and 11:00 p.m. Sunday, July 13, 2008.

WHEREAS, to accommodate the Chamber of Commerce Cornfest 2008, the Chamber has requested the use of the following parking lots and vacant parcels to provide additional parking for the event, between the hours of 5:00 p.m. Friday, July 11, 2008 and 11:00 p.m. Sunday, July 13, 2008:

• The public parking lot on Brentwood Boulevard located between Oak Street and Maple Street (APN 013-091-010); and

• The public parking lot located at the corner of Chestnut Street and First Street (APN 013-110-010); and

• The public parking lot located at the corner of Chestnut Street and Brentwood Boulevard (APN 013-132-001); and

• The vacant City owned parcel located at the corner of Oak Street and Walnut Boulevard (APN 013-232-006); and

• The vacant City owned parcel located at the corner of Central Boulevard and Walnut Boulevard (APN 017-160-004); and

• The vacant City owned parcel located at the corner of Sycamore Avenue and Sycamore Court (APN 016-160-037).

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 2008 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 08-14 is consistent with the Municipal Code requirements in that:

1. The subject sites and street closures will have adequate pedestrian and vehicular circulation 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 and on three vacant City owned parcels.

2. Visibility, noise and light are addressed by closing times of 10:30 p.m. on Friday, July 11, 2008, 9:00 p.m. on Saturday, July 12, 2008, and 6:00 p.m. on Sunday, July 13, 2008 allowing enough time for attendees to vacate the area without going late into the evening.

B. Hereby approves TUP 08-14, subject to the attached Conditions of Approval and directs 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 2008 Cornfest Street Closure Map.

C. This permit shall terminate on July 15, 2008.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on June 24, 2008 by the following vote:


Attachments:
1. Conditions of Approval
2. Street Closure Map
3. 2008 Memorandum of Understanding, approved on May 13, 2008


ATTACHMENT 1
CONDITIONS OF APPROVAL
TUP NO. 08-14

1. This TUP shall be valid between the hours of 5:30 p.m. Wednesday, July 9, 2008 and 11:00 p.m. Tuesday, July 15, 2008.

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 May 13, 2008.

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

4. The Chamber of Commerce shall obtain approval of all required permits from East Contra Costa Fire Protection District and submit a copy of said approval to the Community Development Department, prior to commencement of the event.

5. The Chamber of Commerce shall obtain a Temporary Electrical Permit from the Brentwood Building Division prior to the beginning of the event if temporary power is to be provided on-site.

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

7. The Chamber of Commerce shall 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. The Chamber of Commerce shall provide proof of contract for portable sanitary facilities prior to commencement of the event.

9. The Chamber of Commerce shall act as the coordinator with the vendors to ensure that they obtain the required City business licenses.

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

11. The Chamber of Commerce shall work with the Liberty Union High School District to obtain authorization allowing City employees to park in the high school parking lot, located on Oak Street, until 5:00 p.m. on Friday, July 11, 2008.

12. The Chamber of Commerce shall provide the City with evidence of general liability insurance of $2 million for all aspects of the Cornfest event, including the fireworks, naming the City of Brentwood as additional insured.

13. The Chamber of Commerce shall provide to the City evidence of insurance coverage by the company providing for the fireworks show in the amount of $2 million. This policy must include the City of Brentwood as additionally insured.

14. Liquor liability insurance is necessary relating to sale of beer and wine at the event in the amount of $1 million. This policy must include the City of Brentwood as additionally insured.

15. Automotive and employer liability insurance is also required per the City’s donation policies for the fireworks. The policy must include the City of Brentwood as additionally insured.






 
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