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HomeMy WebLinkAbout11 OLD TOWN FAMILY FUN NIGHTAgenda Item 11 Reviewed: AGENDA REPORT City Manager Finance Director N A MEETING DATE: SEPTEMBER 20, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: OLD TOWN FAMILY FUN NIGHT SUMMARY: Old Town Family Fun Night is a Conditional Use Permit (CUP) application for a street fair for every Thursday night from 4:00 p.m. to 8:00 p.m. The street fair application proposed the inclusion of a Certified Farmers' market, a kid's corner, pre -packed foods, entertainment, and original crafts; and, was proposed to take place on EI Camino Real between Sixth Street and Main Street. On July 5, 2011, the City Council received a status update on the application and continued the item to July 19, 2011, to allow staff to evaluate the utilization of City forces and the use of third party volunteers for the event. On July 19, 2011, after receiving public testimony, the Council continued the item to September 6, 2011, and then to September 20, 2011, to allow staff to conduct outreach to the community and report back to the City Council. RECOMMENDATION That the City Council receive and file this report. DISCUSSION Early this year, an application was received for a request to hold a street fair to include a Certified Farmers' market, a kid's corner, pre -packed foods, entertainment, and original crafts. The street fair was proposed to take place on EI Camino Real between Sixth Street and Main Street every Thursday night from 4:00 p.m. to 8:00 p.m. (Attachment A). Since submittal, City staff has been working with the applicants to obtain letters of consent from affected property owners and tenants of the affected street closure area prior to scheduling a public hearing before the Planning Commission. Not all owners and/or tenants have consented and several property/business owners have submitted letters and emails and have stated their concerns related to the proposed event (Attachment B). Figure 1 is a summary of consent received. Old Town Family Fun Night September 20, 2011 Page 2 Main Street ( 7�1 -.... {SC --- SOC , `JOS - rt b •[P�u` S20 � Yf Si��3iV�i v�* !IS � sw , Stili SIRE,"/ may 0 consent received LJ Oppose u Consent has not been received Consent received fhxn tenants) Figure 7 Other outstanding issues which the applicants have brought up relates to the cost for the preparation of a road closure and detour plan, the installation and removal of traffic control devices during the event, and insurance requirements (Attachment C). The applicants indicated their desire for the City to pay to off -set road closure, detour plans and other City services related to this event. On August 31, 2011, and September 12, 2011, City staff met with the applicants, concerned property/business owners, and residents, respectively. At the meeting, the applicants expressed a concern about on-going capital costs and have indicated that without the City's contribution, the group has no means to finance the event. The applicants withdrew the application, and that a new application for on-site (on private property) event application may be submitted in the future. Elizabeth A. Binsack Community Development Director Attachments: A. Proposed Old Town Street Fair and Certified Farmers' Market Map B. Submitted letters and emails C. Staff reports dated July 5, 2011 and July 19, 2011 ATTACHMENT A Proposed Old Town Family Fun Night Map Proposed Old own Tustin Street Fair n [jifilld Farmers' Market Fire Access Lane 20'm a��,,CA � � SW I �\ a Vehicle Old Town barricade Flooring Restroom Quinn's Restroom 29 Vendor S aces , P 29 Vendor Spaces (a3 10X10 Each �--- @ 10X10 each Trash �► Beach Pit BBQ Restroom Map Not To Scale r Vehicle Vehicle Fire Access Lane 20' barricade W -n ATTACHMENT B Submitted letters and emails ' 07/14/2011 16:59 FAX X002 - RECEIVED JUL 15 2011 COMMUNITY DEVELOPMENT DEPT July 14, 2011 Dear Ms. Blnsack, I was disturbed to read (In the Tustin News) of local merchant plans to create a "Family Fun Night" on my block In Old Town Tustin. The proposed event would last from 4 to 8 p.m (with presumably extra hours for set-up and take-down) and require complete closure of my street between 6"' and Main. My mother, Una A. Boosey and I own the property at 460 EI Camino Real, Long designated a significant part of Tustin's historic district, the house was built In 1904 and is actually older than any other building, commercial or residential, on the street. it has been occupied by my family for almost 100 years and is still my primary residence. Unfortunately, our house and two others are right in the middle of the proposed closurel Also, if you look at the original city plans, this area is actually two blocks in length, Not only would a street closure prohibit access to our driveway and property, it would require us to park in a designated lot elsewhere and walk a considerable distance to reach our home. I say considerable because my mother is now in her mid -eighties, severely handicapped and must use her Disabled Placard for most of her parking and transportation needs. Due to health Issues of my own (trouble walking), i also have a Disabled Placard, as do others on the street. We're concerned that any obstruction in front of our house (booths, tables, food carts, etc.) would impair our ability to enter or leave the premises during an emergency. Our concerns also center on the noise, commotion, security presence and property damage that is often a part of these kinds of events. For instance, during the recent Chill Cook -off, the picket fence In our front yard was damaged and a sizeable amount of trash was tossed Into my back yard from the top of the city parking structure behind us. (These are common occurrences during city events in our neighborhood.) What's puzzling is why the event planners would choose the only block on the street with a concentration of homes still occupied by long- time Tustin residents. There are many more logical sites (including several other blocks and lots on EI Camino Real) where homeowners would not be adversely Impacted. Over the years we've had many dealings with the City over matters pertaining to our property rights. in Past City Council meetings, various officials have gone on public record to state that we are entitled to our "quiet enjoyment of premises" Just as any other Tustin resident, i sincerely hope that another more practical location can be found for Family Fun Night ---one where our long standing rights as Tustin homeowners will not be overlooked or compromised. Sincerely, .At4_ Elwood Dale soosey 07/14/2011 18:89 FAX F �ovCiQ SryE,e T 'Oft '7V : SlivxA c A< 'MHdN/7'Y C �x .• 7sy �3 3ii� J'A•+ooa b. &akme r -"• 0. ,pox 7'a'/^' ' 9x 78i 2001 Willkom, Justina From: Binsack, Elizabeth Sent: Tuesday, July 19, 2011 12:05 PM To: Willkom, Justina Subject: FW: Agenda for council meeting regarding Old Town merchant held street fair From: Maureen Leaman jmailto:moreleamanC&sbcglobal.net1 Sent: Tuesday, July 19, 20117:42 AM To: Amante, Jerry; Binsack, Elizabeth; Tustin City Council Subject: Re:Agenda for council meeting regarding Old Town merchant held street fair Dear Mayor Jerry Amante, City Council members and Elizabeth Binsack, This letter is in regards to the issue that will be heard tonight at your meeting regarding the street fair being proposed by downtown merchants. My name is Maureen Leaman and I live at 440 El Camino Real and have lived here 12 years. I am opposed against the street closure that is being proposed by merchants to have a street fair, I would have no access to my home, or driveway. The idea of not being able to get home every Thursday from 3 till 9 is unacceptable, also what about if i wanted to have guests or any kind of events, visitors, grocery shopping, etc... Also the streets would have to close prior to the event to set up barricades and getting parked cars on the street to move. So we might be talking about street closure starting at 2 and going till streets are clear and cleaned, which might be 10 or later. I know what it takes for the city to set up for Chili cook off and Tiller days so I know what will be involved for this event. I also want to bring up that we as residents never recieved a letter regarding this issue or was it ever discussed with us,I had to read about this on the internet, the city should have sent us a letter regarding this hearing and proposed idea by merchants. I also want to bring up insurance if this is not city event, also police enforcement, clean up of streets and sidewalks, who will be handling this and paying for all of this? One more item to discuss why does this event need to be held on El Camino Real between Main and 6th ? Why not down the street where there are no residents that are effected? Also are all the businesses in the area informed and willing the ones I spoke with knew nothing about this, no letter no anything. Downtown is very busy already on Thursdays at night and we already have issues with loudness, drunkenness and mischief from people walking to and from bars. I could go on about other issues regarding this street fair, but I didn't want to make this a long letter. I am against the idea of street closure here and having no access to my house and driveway. I appreciate your attention in this matter and hope you will give this serious thought. I would like you to think about one thing, imagine if you couldn't get to your home once a week or have guests over or just have a peaceful evening at home. We as residents are still entitled to right of privacy and quite. Thank you for you time in this matter. Regards, Maureen Leaman 440 El Camino Real Tustin moreleamanAbsbcglobal. net Willkom, Justina From: spencer gilbreath [stgil@pacbell.net] Sent: Thursday, August 11, 2011 9:57 AM To: Willkom, Justina Cc: Mark Greenberg; Thomas Pena; Binsack, Elizabeth Subject: Tustin Fun Night I have become aware that there is a weekly Thursday "Fun Night" under consideration in Old Town, from 4 to 8 pm. I am not sure what the exact specifics are. However I understand that the Jamestown Village center will have no ingress or egress during this time due to El Camino Real being closed to through traffic. Thursday night is an important night in our center. The salon, restaurants, and other businesses there will be serverly, negatively, impacted by this. With the current recession, we can hardly afford to curtail, or impede any of our teant's customers, or negatively impact their businesses for one day each week. I have no objection to the "Fun Night" - in fact I think that it may be a good idea. My problem is the actual day of the week. Monday would be much better for us, since most tenants are closed on this day, which alleviates the problem. Anyhow, please take the above under consideration. I would be appreciative if you could keep me informed as to the ongoing discussions regarding this. My phone number is 714-993-4430 / Fax 714-993-4589 / cell 714- 423-7100 Regards, Spencer Gilbreath Owner / Manager Jamestown Village Willkom, Justina From: THOMAS PENNA (tstyalst@sbcglobal.net] Sent: Tuesday, August 09, 20112:02 PM To: Willkom, Justina Cc: Mark Greenberg; Spencer Gilbreath; Binsack, Elizabeth Subject: Tustin Fun night City Council members, It has come to my attention,that some of the merchants of Old Town have come together to create a Thursday night (fiui night). I am not opposed to having a Fun Night in Tustin,however,I am opposed to having it on Thursday night from 4 pm to 8 pm. The reasons are as follow: 1,It is the busiest evening of the week for Hair salons and we have 2 salons in old town. 2,Street closures,traffic control, irate clients,hairstylists and loss of business due to closures and parking. 3,Parking for Salon Gallery Too in Jamestown center.The entrance and exit will be closed due to the blockage of Fun night. 4,Limiting parking in Jamestown to patrons only. I am asking the City Council to look at these problems seriously,due to the economy and people not spending,it is vital we give our clients the accessibility and luxury to get to our places of business. I haven;t talked to one business that is open on Thursday night that is in agreement with this plan.The only business that may benifit from this are some restaurants and not all restaurants are agreeable to the proposal of Fun Night. Some businesses are showing concerns are Hunda Ya Ivy's Bridge Classical Dance studio Starting line Training Residents on El Camino Real Office Tennants on Main and Elcamino. These businesses are a majority of businesses that are open after 4pm on Thursdays. Thank you Thomas Penna president Salon Gallery,Salon Gallery Too 04/14/2011 13:41 7147303569 OLD TOWN FLOORING PAGE 02/02 April 2011 Tustin City Council Tustin City Planning Commission Tustin City Staff Re: Proposed "Thursday Nights in Tustin" Event As a resident of a home or owner of a business located on EI Camino Real, in the block between a and Main in Old Town Tustin, I would like to let you know that I am in support of the proposed weekly event. I understand that this will be a family event, with food, crafts, music, etc., but no alcohol. I am aware that the event will run from 4pm until 8pm every Thursday, and during that time, there will be no access for vehicles to or from my residence, other than emergency vehicles. I have been offered a guaranteed parking space, in the parking lot adjacent to Quinn's (which is accessible via Main Street), for my use each Thursday night. n n Signed by: f Printed Name: Address: �,� Z V C .a '2 %-6Q Phone: 9�� 2 a r !9! 7 04/01/2011 16:59 7147303569 OLD TOWN FLOORING PAGE 02/03 March 2022 Tustin City Council Tustin City Planning Commission Tustin City Staff Re: Proposed "Thursday Nights in Tustin" Event As a resident of a home located on EI Camino Real, in the block between 6t' and Main, I would like to let you know that I am in support of the proposed weekly event. I understand that this will be a family event, with food, crafts, music, etc., but no alcohol_ I am aware that the event will run from 4pm until 8pm every Thursday, and during that time, there will be no access for vehicles to or from my residence, other than emergency vehicles. ,p� Signed by:--(.' Printed Name: Address:--Yj� Address Phone: / 04/01/2011 16:59 7147303569 OLD TOWN FLOORING PAGE 03/03 March 2011 Tustin City Council Tustin City Planning Commission Tustin City Staff Re: Proposed "Thursday Nights in Tustin" Event As a resident of a home located on EI Camino Real, in the block between 60 and Main, I would like to let you know that I am in support of the proposed weekly event. I understand that this will be a family event, with food, crafts, music, etc., but no alcohol. I am aware that the event will run from 4pm until 8pm every Thursday, and during that time, there will be no access for vehicles to or from my residence, other than emergency vehicles. Signed by: Printed Name: 0ID A,7ti i-- ' ! naq drS Address: J!�o EL � A M � N �� cel �' l Address: Fo t if c 2 o --PS Phone: `7/N ATTACHMENT C Staff reports dated July 5, 2011 and July 19, 2011 e Agenda Item 25 AGENDA REPORT Reviewed: City Manager Finance Director �r MEETING DATE: JULY 19, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: OLD TOWN FAMILY FUN NIGHT SUMMARY On July 5, 2011, staff provided City Council an update to the Conditional Use Permit application for Old Town Family Fun Night - a proposed street fair for every Thursday night from 4:00 p.m. to 8:00 p.m. along EI Camino Real between Sixth Street and Main Street. After Council discussion, staff was directed to evaluate the utilization of City Forces to augment the implementation of the event and the use of third party volunteers to support and offset certain event costs associated with the use of public street right-of-way. Staff has evaluated Council's direction and is presenting further information for consideration as is relates to the use of third party volunteers and the City's financial participation. RECOMMENDATION Pleasure of the Council. FISCAL IMPACT As previously indicated, if the City is to prepare the required traffic control plan, the estimated cost is $3,000. Furthermore, should City forces be utilized to perform the installation and removal of all traffic control devices required for the EI Camino Real closure and detour, the estimated cost is $1,600 per week. DISCUSSION/BACKGROUND Due to the inherent nature, potential risk and liability of installing/removing traffic control and working within the public/traveling right-of-way, the use of third party volunteers to install and/or remove all traffic control devices required by the road closure in not recommended. In light of the horrible traffic incident in Santa Monica in July 2003, it is critical that this function be performed by only those trained and skilled to effectively and safely install/remove traffic control. The estimated cost includes the use of three city public works vehicles and three field services personnel. Posting of temporary no parking signs, potential towing coordination with Police Department and traffic control set up would occur during normal working hours at straight time, in lieu of other daily maintenance assignments. Removal and restoration to normal operating conditions would be performed at overtime, 2 -hour minimum. Two of the vehicles would remain on-site during the event as elements used for hard barricade placement (in lieu of water -filled barricades) at either end of EI Camino Real. Costs would be expected to vary slightly each week due to the variation of hourly wages for the group of individuals that would rotate on the assignment. Additionally, there are occasionally Old Town Family Fun Night July, 19, 2011 Page 2 variations in the number of hours due to the coordination of activities of the vendors (e.g. vendors delayed in leaving, causing a delay in the breakdown of the traffic control). Costs are hourly wage only — not fully burdened rates and applicable equipment charges are included. Loss of working hours for other duties would equal approximately 6 man-hours per week (set up only)/300 lost man hours annually, assuming 50 events per year. The traffic control is intended to provide safe and effective closure and detouring, while providing emergency vehicle access at all times. A traffic control and detouring plan is normally prepared by an applicant and reviewed and approved by the City. The use of a licensed qualified contractor for the installation would then be required under a Public Works encroachment permit. The plan is required to be prepared by a Registered Traffic Engineer or Civil Engineer experience in this type of plan preparation. The plan is a onetime expenditure and once approved, it can be used routinely to safety and effectively provide the necessary traffic control for the street closure along EI Camino Real. It is anticipated that the required traffic control plan would include placing both signalized intersections at either end of EI Camino Real in red flash (recall), left turn pocket closure for westbound Main at EI Camino Real, and thru lane closure for southbound EI Camino Real at Main. Du�l*s P. Stack, P.E. D re t r Of Public Works/City Engineer SACity Council Items\2011 Council Items\Family Fun Night.docx Agenda Item _ ) AGENDA REPORT RC ty Manager 4r Finance Director N/A MEETING DATE: JULY 5, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: OLD TOWN FAMILY FUN NIGHT SUMMARY: Old Town Family Fun Night is a Conditional Use Permit application for a street fair for every Thursday night from 4:00 p.m. to 8:00 p.m. The street fair will include a Certified Farmers' market, a kids corner, pre -packed foods, entertainment, and original crafts. If approved, the street fair will take place on EI Camino Real between Sixth Street and Main Street. At the Council meeting of June 21, 2011, Councilmember Gomez requested that staff provide a status update of the application. RECOMMENDATION That the City Council receive and file this report. FISCAL IMPACT The application for a conditional use permit to authorize the street fair is an applicant - initiated project. The applicant has paid applicable fees for processing this project. DISCUSSION Early this year, an application was received for a request to hold a street fair to include a Certified Farmers' market, a kids corner, pre -packed foods, entertainment, and original crafts. If approved, the street fair will take place on EI Camino Real between Sixth Street and Main Street every Thursday night from 4:00 p.m. to 8:00 p.m. (Exhibit 1). The event will involve the closure of EI Camino Real and would impact residential and commercial uses along EI Camino Real. City staff has been working with the applicant to obtain letters of consent from affected property owners and tenants of the street closure prior to scheduling a public hearing before the Planning Commission. As noted, not all owners and/or tenants have consented. Figure 1 is a map showing the status of consents received. Old Town Family Fun Night July 5, 2011 Page 2 Main Street 4�� 4J9403:405"" f , 42f 1 ®C _ 4xs flf l _ _T y 45d SOX 505 ,e ,Tp,, s 5204t�t� �i: �vlen X515 ' ,%��5��.{i• V W I .t i V, Ipn 530 Ai 1AQ LM .�l as Y� r I .. 0 Consent received Oppose Consent has not been received Consent received from tenant(s) Figure 1 Other outstanding issues which the applicant has brought up relates to the cost for the preparation of a road closure and detour plan, the installation and removal of traffic control devices during the event, and insurance requirement. These are potential conditions of approval that the City's Public Works/Engineering Department and Risk Manager have prepared, and these have been shared with the applicant as follows: Prior to the start of the initial Street Fair, the applicant shall submit a 24" x 36" road closure and detour plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, to the City of Tustin Public Works Department for review and approval. This requirement is necessary since the closure of the street would require professional determination of appropriate traffic control devices, detour plan, signage, reprogramming of signal lights, and proper barricades/crash protection. In light of the Santa Monica Farmers' Market incident, greater care for public safety is taken into account. If the City is to prepare the road closure and detour plan, the estimated cost is $3,000.00. Old Town Family Fun Night July 5, 2011 Page 3 • Installation and removal of all traffic control devices required for the road closures and detouring shall occur in a timely manner. In addition to installing standard signs and barricades for the road closure, vehicles or other City approved devices shall be placed for crash protection. If City forces are required to perform the installation and removal of traffic control devices, the estimated cost is $1,600.00 per week or approximately $83,000.00 per year. • The applicant shall provide a minimum of $3 million evidence of general liability insurance, primary, non-contributory, and naming the City as the additional insured. The City is a member of the California Insurance Pool Authority (CIPA) and through the participation in the insurance program, the City can assist vendors in obtaining Special Events coverage for the Family Fun Night. The premiums for the coverage would be paid by the vendors. The City would act as an intermediary by collecting the fees and providing the insurance certificates. At this time, no additional letters of consent have been provided. The applicants have expressed a concern about on-going capital costs and have identified their desire for the City to provide a contribution. ✓'Elizabeth A. Binsack Community Development Director Exhibit 1: Proposed Old Town Street Fair and Certified Farmers' Market Map