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Home My WebLink About11/19/1996, 4 - APPEAL OF THE BIA BOARD OF DIRECTORS' DENIAL OF A PERMIT FOR A BUSINESS OUTSIDE OF THE ESTABLISHED BIA DISTRICT TO SELL AT THURSDAY NIGHT ACTIVITIES. .council D�` j Agenba aEpont " CITY OF SAN LUIS OBISPO FROM: 4eb--orah Holley, BIA Administrator Prepared By: KPete Eberle, BIA Coordinator SUBJECT: Appeal of the BIA Board of Directors' denial of a permit for a business outside of the established BIA district to sell at Thursday Night Activities. CAO RECOMMENDATION Deny the appeal and uphold the BIA Board of Directors' action. DISCUSSION The applicant would like to sell gift items during Thursday Night Activities(TNA). On September 11,the applicant applied to the TNA Committee to sell merchandise. The type of merchandise the applicant wishes to sell is in direct competition with similar merchandise available in various businesses within the downtown business district. The members of the TNA Committee denied the application based on non compliance with TNA Rules and Regulations Sections 2 and 4. Section 2 of the TNA Rules and Regulations defines a non competing business as, "a business outside the BIA district which is determined at the time of application to not be similar, related and/or a competing business with any business or organization that is a member of the BIA." Section 4, Non-Member Business Participation, states, "At the discretion of the Committee, an outside business may be permitted to participate if the Committee determines that its participation will provide a public service or will serve to promote the purposes and goals of the Event. In such cases, said businesses will not engage in direct sales." On September 25, 1996 the applicant appealed to the TNA Committee. The TNA Committee denied the applicant for a second time as a business in direct competition with other BIA members. The applicant appealed the decision of the TNA Committee to the BIA Board of Directors on October 8, 1996. The BIA Board of Directors upheld the decision of the TNA Committee. The applicants are appealing the BIA Board of Directors' unanimous decision to deny the application to sell at TNA. CONCURRENCES The Thursday Night Activities Committee denied the applicant as a business in direct competition with various downtown businesses. ALTERNATIVES 1. Uphold the appeal and approve a seller's permit for an outside business in direct competition with the downtown business district. This decision would set a Iii -� Council Agenda Report- Thursday Night Activities Page 2 precedent allowing competing businesses outside of the downtown business district to sell during Thursday Night Activities. ATTACHMENTS Draft resolution denying the appeal Draft resolution upholding the appeal TNA Rules and Regulations Section 2 TNA Rules and Regulations Section 4 September 11, 1996 TNA Committee meeting minutes September 25, 1996 TNA Committee meeting minutes October 8, 1996 BIA Board of Directors minutes Appellant's application to sell at TNA Appeal tothe City Council �' h RESOLUTION NO. (1996 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING APPEAL OF THE BIA BOARD OF DIRECTORS DENIAL OF AN APPLICATION TO SELL AT THURSDAY NIGHT ACTIVITIES WHEREAS,The Downtown San Luis Obispo Business Improvement Association's Thursday Night Activities(TNA)Committee conducted a public meeting on September 11, 1996 and denied an application to sell at Thursday Night Activities;and WHEREAS,the Downtown Business Improvement Association's Board of Directors conducted a public meeting on October 8, 1996 and upheld the decision of the TNA Committee;and WHEREAS, the City Council conducted a public hearing on November 19, 1996 and has considered testimony of the interested parties, the records of the BIA Board of Directors' meeting and action, and the recommendation of staff; NOW,THEREFORE,BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby denies the appeal of the BIA Board of Director's action to deny the applicant to sell at TNA based on the following findings. SECTION 1. Finding 1. Participation in Thursday Night Activities-by a business determined to be competing with downtown businesses is in violation of the TNA Rules and Regulations Section 2 which states, "Non Competing Business is a business outside the BIA district which is determined at the time of application to not be similar,related and/or a competing business with any business or organization that is a member of the BIA". Upon motion of , seconded by and on the following roll call vote: �f-3 Resolution No. Page 2 AYES: NOES: ABSENT: the foregoing resolution was adopted this day of 1996. ATTEST: City Clerk (Bonnie L. Gawf) Mayor(Allen Settle) APPROVED AS TO FORM: *Amey _ RESOLUTION NO. (1996 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE BIA BOARD OF DIRECTORS DENIAL OF AN APPLICATION TO SELL AT THURSDAY NIGHT ACTIVITIES WHEREAS, The Downtown San Luis Obispo Business Improvement Association's Thursday Night Activities(TNA)Committee conducted a public meeting on September 11, 1996 and denied an application to sell at Thursday Night Activities; and WHEREAS,the Downtown Business Improvement Association's Board of Directors conducted a public meeting on October 8, 1996 and upheld the decision of the TNA Committee; and WHEREAS, the City Council conducted a public hearing on November 19, 1996 and has considered testimony of the interested parties, the records of the BIA Board of Directors' meeting and action, and the recommendation of staff; NOW,THEREFORE,BE rr RESOLVED,that the City Council of the City of San Luis Obispo hereby upholds the appeal of the BIA Board of Director's action to deny the applicant to sell at TNA based on the following findings. SECTION 1. Findin2 (Council must insert appropriate fmding(s)). Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: Resolution No. Page 2' j Oe foregoing resolution was adopted tis __ day of _ —__.. . . -_. 1996.. ATTEST: r City Clerk(Bonnie L. Gawf) Mayor(Allen.Settle)i APPROVED AS TO FORM: City Attorney E w y .+ O y N N R R Q ��¢jj c'i •o oa s o 0 ,o is y c - 3 o E o 3 G. o 0 N C]. 4"" a) w '.>^.. 7 N ... .= O O a) o O V /�r� .p C co o — 1 11+ ° V 0 � •C ^ GR w R G O N :'' Q W ..N. O C 1,,, .D .--. O N m 3 w cc 3 a N b R s Cl 0 0 "a 0 Cil d C .0 TLd0 .d y o O �C =CC sa 'Ofl ° c m U O ° R ' N UQto O R OG d W U L. MIS a) cCC°m 0 )c. c . u 25 9 a) 0 zvo _ C=ar aV Rc._ � F U . OoGG j d 2 00 ' C 'y �o 00Q C cz _ d tC.��-4 To h' s NsN 0 � °= c cu 3 Q * oo o U 0O aQ y Z w eaoo .o' ll bo „ 1. p Z •= .� y R O N v a.UAO -- FA [% t � �. cCat«, p � v SP z "a o eli Q i; °ccn NT C al 1 R °� ' ca L. tN.. •y LRl.s.0d U O Q N y N R cod U. • 0 ° L. 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C C o R o is = � E =fj O w ca Q. u to Z z .° a Q .`w, c`o a, n'°) q u a ° b u 4 3 ca cto L "" ECZ 0 + E a o °" o �' off" Q• v S o a ao 4) a N E _� o ., Acie �j o S. o_ as U >, � ¢ -c ^o o 'i E �a v E Z ca a) > �_ c a m .3 = C z axi cci O• a 'fl vi er E E W CC c n L a c vi O Q o 3 fs pa 3 "u U ca DOWNTOWN BUSINESS IMPROVEMENT ASSOCIATION THURSDAY NIGHT ACTIVITIES COMMITTEE MEETING WEDNESDAY, SEPTEMBER 11,1996 COUNTRY CULTURE YOGURT MEMBERS PRESENT GUESTS Mark Furia Judy David Steve Gilreath Jennifer Viola Ken Frommelt Sean Averill Linda Jankay Byron Breault Tim Tucker Paul Brown Correne Cotta Tunny Ortali Pete Eberle BIA Furia called the meeting to order at 8:04 a.m. PUBLIC COMMENT None APPROVAL OF THE MINUTES Gilreath moved to approve the minutes of September 4. Ortali second. PAIR PREVIOUS WEEK REPORT Eberle reported that the evening was very quiet. Jankay told the committee that two cars were towed. APPLICATIONS K-BEAR 95 - Tucker moved to approve the application. Cotta second. PAIR Audio Video Concept - Furia moved to approve the application. Ortali second. PAIF, Gilreath. South Bay Soccer Association - Gilreath moved to approve the application with a verification of non profit status. Frommelt second. PAIR Stagefright - Gilreath moved to deny the application based on the poor quality of the music. Brown second. PAIF, Cotta obstain. Gerald and Betty Purify - Gilreath moved to deny the application. Brown second. PAIF, Frommelt opposing. Cuesta College Student Nurse Association - Ortali moved to approve the application. Cotta second. PAIR Committee to elect Carlyn Christianson - Gilreath moved to approve the application. Tucker second. PAIR Midnite Sun - Tucker moved to once again deny the application based on the poor quality of the music. Brown second. PAIR �-9 Judy David, "Geckos, Snakes & Frogs" - Furia moved to deny the application because of their competing business status. Gilreath second. Ortali explained the rules to Ms David and purchased a cute, little gecko. PAIR Camptoons Promotions, Inc. - Cotta moved to approve the application as a non competing business. Breault second. PAIR Mabuhay - Gilreath moved to uphold the TNA Rules and Regulations stating that a booth size at TNA can not be larger than 8" x 10". Brown second. PAIF. Greater Harvest World Church of Christ - Ortali moved to deny the application Brown second. PA1F. OLD BUSINESS Apple Festival -Eberle reported that the Apple Festival is moving forward as planned. Recycling @ TNA - Furia told the committee that the Board of Directors relayed the concerns for recycling downtown to City staff. Staff will get back to the Board in the October meeting. NEW BUSINESS None ITEMS FOR FUTURE AGENDA Committee Members Meeting adjourned at 9:00 a.m. �Y�D DOWNTOWN BUSINESS IMPROVEMENT ASSOCIATION THURSDAY NIGHT ACTIVITIES COMMITTEE MEETING WEDNESDAY, SEPTEMBER 25,1996 COUNTRY CULTURE YOGURT MEMBERS PRESENT GUESTS Mark Furia Judy David Steve Gilreath John Mahan Ken Frommelt Linda Jankay Byron Breault Tim Tucker Tunny Ortali Dave Kastner Tim Hedges SLOPD Deborah Holley BIA Pete Eberle BIA Furia called the meeting to order at 8:04 a.m. PUBLIC COMMENT None APPROVAL OF THE MINUTES Gilreath moved to approve the minutes of September 18. Tucker second. PAIF. PREVIOUS WEEK REPORT -Eberle reported that WOW Week went off without too much trouble. Some groups walked through the Market tied together. Only one group of over 50 students posed a safety hazard. Eberle informed that group that they needed to leave or he would cut their rope. They left. -TNA was completely sold out for booth spaces. Eberle also mentioned that the entertainment is booked until the end of the year. Eberle has been telling entertainers that playing in the off season will allow them to book early for next summer. He will send out a letter to all people who are effected. -Jankay said they had a busy night. The rickshaws were out in Higuera while traffic was flowing. Eberle said he would talk to them. -Furia mentioned that the police department did a fine job patrolling the Market last week. APPLICATIONS Re-Elect Mayor Settle Committee - Tucker moved to approve the application. Jankay second. PAIF. Big Brothers/Big Sisters of SLO County - Frommelt moved to approve the application. Ortali second. PAIF. Knights of Columbus - Ortali moved to approve the application. Breault second. PAIF. EOC Health Services - Jankay moved to approve the application. Ortali second. PAIF. Tom Harrington - Tucker moved to approve the application. Jankay second. PAIR Zen Room - Ortali moved to approve the application. Breault second. PAIF, Gilreath opposing. OLD BUSINESS Apple Festival - Eberle told the committee that the Apple Festival is scheduled for tomorrow night. All aspects for the event are set up and ready to go. NEW BUSINESS Judy David and John Mahan - Ms David and Mr. Mahan appealed to the committee concerning their application for TNA. The Committee denied the application when it was first presented on September 11. The denial was based on the fact that the product that Ms David wishes to sell is in direct competition to other downtown businesses. Ms David believes that she was treated unfairly because her product can not be purchased downtown. She began to read the Constitution to the Committee. Frommelt moved to deny the application based on the fact that the product is still in direct competition with downtown businesses. Gilreath second. Passed all in favor. Ms David and Mr. Mahan were informed that the next process would be to appeal the decision to the BIA Board of Directors. Fire Prevention Night - Eberle informed the committee that October 10 is Fire Prevention Night. He is working on the placement of Fire Departments at TNA. Cal Poly Farm/City Night - Eberle informed the committee that Cal Poly Farm/City Night is scheduled for Thursday, October 17. He is in the process of contacting the parties involved with the event. He plans to speak directly with all Cal Poly Clubs planning to attend that night. ITEMS FOR FUTURE AGENDA Halloween Meeting adjourned at 8:28 a.m. Downtown Business Improvement Association Board of Directors 8 October 19% City County Library Minutes Present Steve Gilreath Dodie Williams Stephen Patrick Wendy George Tim Tucker Arnold Jonas Correne Cotta Ron Munds Lynn James Pierre Rademaker Mike Stanton Mike Spangler Mark Furia Deborah Holley, staff Pete Eberle,staff Call to order: 7:30 AM by Gilreath Public Comment John Moss,Utilities Director,City of SLO: Updated Board on Downtown Video Inspection Project scheduled from October 21 through November 25. Information flyers were handed out similar to those that will be mailed to businesses. This project is necessary to develop a long range plan and coordinate with other utilities for any future sewer system work. Also present,Dave Hix,Wastewater Division Manager. The intent is to keep traffic flowing during the project. Rademaker inquired if replacement is anticipated;response was it depends on what the inspection reveals and what funds are available. Todd Martin, City arborist Martin distributed a memo addressing replacement of Downtown carrotwood trees over the next two to three years. He said individual businesses would be notified beforehand of tree removal near their location. Prado Road Development Stephen Nukes,Econ.Consultant Nukes made a presentation of a study completed by his firm which looked at the possible impact on Downtown businesses by the proposed Prado Road Project(Pet Smart, Office Max and Circuit City). Nukes discussed key elements and findings plus recommendations. He said the study found that impacts on the Downtown would be minimal; that the project would be regional in nature attracting business and stopping leakage; and that the novelty factor would draw new and interested customers but that impact on Downtown would be short term. Nukes said that at the Planning Commission meeting, a timeline for the project will be developed; also to be discussed are an EIR and freeway overpass requirement. Meeting has been rescheduled from 23 Nov to 13 Nov. PC will look at amending general plan and rezoning. Also present, Victor Montgomery, AIA,President/CEO RRM Design Group. Nukes added that the study did not include Hometown Buffet restaurant in its research but the restaurant will be part of the project. 11-1.5 Spangler said the study's leakage numbers were impressive and most are aware that leaking has been happening; but that he felt the impact on Downtown would be considerable. Spangler said consumerism is changing drastically. Montgomery said that many businesses Downtown are closed between 5:30 and 7:30 PM which is many are off work and driving through town. He said rents in the complex will be lower than in Downtown but not a giveaway. There will be no shops,only major tenants. Appeal of Judy David and John Mahan Mahan indicated that he and Ms.David's were appealing the TNA committee's previous decisions to deny David and Mahan's request to sell soft toy animals at Farmers' Market. Gilreath gave an overview of the committee's actions;Mahan and David do not have a business in the BIA district. TNA rules state that businesses outside the BIA district can participate in TNA only if their business is not in direct competition with a BIA business. Several BIA businesses do cant'like or similar products to those which Mahan and David presented. The request was denied in compliance with the rules and regs of Farmers' Market and TNA on two previous occasions. Motion made by Tucker to uphold TNA committee rulings; 2nd by Furia; PAIR Mahan indicated the BIA's rules are in violation of the U.S. and California constitutions with regard to the right to earn a living and Mahan and David will take the matter to the city council. Consent Agenda Approval of minutes of 10 September; motion by Rademaker, 2nd by Gilreath, PAIR Downtown Recycling Gilreath asked Wastewater conservation manager Ron Munds what the city is doing to increase recycling and collection opportunities in the business district Gilreath said the city has worked in the neighborhoods to develop a strong program and people are becoming conditioned to these habits but have fewer opportunities Downtown. Munds responded that some additional receptacles were added in 1994 and previous recycling programs failed because the cans and bottled were scavenged,leaving only the trash. Munds said his staff is concentrating efforts on meeting state mandates for landfill reductions and he is open to doing something Downtown but has little staff time to devote. He said he could check to see if extra trash cans are available at the corp yard that could be used. President Elect Furia nominated Rademaker for BIA Board president for 1997-98;Cotta 2nd. PAIF. Seismic Holley gave an update of recent task force developments. In subcommittee meetings,it was determined that the level A.level B plan developed by the task force still falls short of supplying a firm,acceptable date by which time all buildings must be retrofitted from city staff s view. With the two sentiments, Holley indicated the Board needed to decide where its support lies as the deadline in approaching. George then stated she had seen a memo whereby the city was perhaps closer to coming to an agreement with the task force. The Board postponed further discussion until more information about this development is obtained. Thursday Night Activities Report Eberle indicated the previous Thursday night was the 4th consecutive sell out night Promotions Holiday Advertising; late night shopping begins Dec 12; work party Nov 2. Parking Spangler said exploring a possible location for the third site will be the committee's focus; wants to speed process along. He said the city's mass transit department is looking for revenue. Williams said she does not believe the transit dept. can take parking enterprise funds;the parking fund is sacrosanct and cannot be raided by other entities. She said she will prepare a communication to the city council to seek reaffirmation for the purpose of the parking enterprise fund. She said to use the funds otherwise would be a breach of faith to those who paid into the fund. Tire chalking—Spangler said Keith Opalewski had previously stated it was not cost effective to implement the tire chalking program;however,it will be brought up again and a recommendation will be brought back to the board. Meeting adjourned 9:30 AM. Prepared by D. Holley 11/4/95 ��s THL_.SDAY NIGHT FARMERS' ACTIVITIES APPLICATION MARKETApplication must be submitted to the BIA office, with the required fees, a minimum of 14 days prior to the date of activity. Please read entire form carefully before signing! Incomplete forms will not be accepted. 1. Starting date � ` If ongoing,list dates Fundraising dates 2. Name of Person/Group/Business I f?0. BOX /64/ Scrlar 4�>a G9 9 06 - /dpi/ c/ OPrs3. Address�a��//� �Yc, Qron�� , /v City StateZip Code 4. Phone Number(DPhone Number(Night) frfJ99S- /�6G 5. Number of persons involved on the street? az 6. Is electrical power needed? /Y0 (If yes,it is the applicant's responsibility to obtain electrical power, properly ground cords and tape them to the pavement. Permission to use private power sources must be obtained by applicant.) 7. Is this a non-profit organization? If yes,you must provide IRS# 8. If not a BIA member, please enter seller's permit# 9. Complete Description of Activity The undersigned acknowledges receipt of the rules and regulations outlined by the BIA, and agrees that s/he will comply with the rules. Non-compliance will result in removal of the activity from the OWL The undersigned further certifies that s/he is the responsible person referred to in the rules and that s/he is authorized to 1)execute on behalf of the group and 2)accept legal process on behalf of the group. The undersigned also agrees to indemnify and hold harmless the City of SLO, the BIA, building owners and tenants from all damages, liabilities, costs and expenditures,including attorney's fees and costs of defense, which may occur by reason of use of the streets during Thursday Night Activities. The BIA requires that all music performed during Thursday Night Activities entertainment be original or music that is in the public domain. NOTE: Space and necessary permi allocated on a fees paid basis only (due in advance). Checks payable to BIA. Space locations are dete y and subject to change. No guarantees of location or power are made. Ju/w l�r�A J9v��. at Signature Please print name * It is the applicants respo i ty to all the office Wednesday, after 10 a.m. at 541-0286, to confirm approval,modifications or denial of on,and receive a permit/space assignment if applicable. In the event of an official cancellation due to rain,it is the applicants responsibility to reschedule with the TNA Coordinator. DO NOT WRITEELMr HIS LINE AAPPROVED DENIEDELECTRICAL POWER " COMMITTEE CONDdENT/RECO NDATION 1108 darden St., Suite 209, San Luis Obispo, CA, 93401, (805) 541-0286 ��Ill�llll�lnlllfl�lll�� pI1111111I1� IIII city of sAn tuts oBispo APPEAL TO THE CITY COUNCIL In accordance with the appeals procedures as authorized by Title, 1, Chapter 1.20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of SI-A 9.eeD f A yem-e rendered on which consisted of the following (i.e., explain what you are appealing and the grounds for submitting the appeal. Use additional sheets as needed.) /� / A✓e qee 4P�e4l'7 tle oe4 i9/ 9 We � �•fLD n�le2i-,/ s oF o�.r -<O�/�Gf/7�i �� t,�r7n ,rron ip (/- S., !,s 445, , —,5A. CJ'S 2C' ��r✓C �T t'fic hr�S ►� h�5��T7vgs o� c!+ 617 �� S(c .h ✓ST ys LlAd�! TlfP,' /Y�,�i7�no%s�P+�i Z41e Z: 41S Ca"S7777ol hd&r1Z11 YM770w 7 0-"' �ie ��.QniA �.rs/7TLTlt�� e rd WA77e 4 TC1 Slle.7o,7 s� � The undersigned discussed the decision being appealed with: z on fD Name/Department �� (Date) Appellant: -,/v�e /1414-017-.01T11//it-,1 4W7l //3 �So<.t Or i /Ire Name/Title Mailing f ddr s (& Zip Code), Home Phone / Work Phone Representative�l�il / ley-✓ r�! �� ,s Ud, i, Name/Title Mailing Address Zip Code) For Official Use Only: ,y Calendared for /UOO�P �, �T�1n� Date & Time Received: c: City Attorney City Administrative Officer Copy to the following department(s): R E Y L f V E D -OCT ^ 1996 arr CLERK SUN LUIS 080Da.CA Qriginal in City Clerk's Office 1,