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HomeMy WebLinkAbout05-21-2013 ac clr smithGoodwin, Heather ',From: Sent: To: Subject: Attachments: Grimes, Maeve Tuesday, May 2L,2013 8:26 AM Goodwin, Heather Agenda Correspondence - CLR Memo News Racks.doc; Newsrack Timeline.doc; Council action update 2-1,-Llpdf Heather, Please forward the attached files for Agenda Correspondence under CLR for this evening. Vice Mayor Smith will be bringing up this topic. Thank you AOENDA mâev€ kenneòy qRrmes City Clerk crty of s.ln Lurs orlrspo 990 Palm Street San Luis Obispo, CA 93401 ¡rhcrre, (805) 781-7102 emÀl[, mgrimes@slocitv.orq CORRESPONDENCE Date5/zl /t< ttem* @ R D MAY 21 2013 1 16May 2013 To Kathy Smith, City Council Member and City Council Liaison to the Downtown Association From: Deborah Cash, Executive Director San Luis Obispo Downtown Association Re: News racks in the Downtown Area As you are aware from the discussion of the Downtown Association Board of Directors on 14 May,20l3, news rack issues in the Downtown remain unresolved after more than two years of sincere joint efforts on behalf of the City and the Downtown Association to bring the racks up to standards that reflect the values of our community. Currently, racks are 'maintained' through a voluntary "self-policing" program. After the third and most recent "round" of inspections occurred, we realized that the program as it stands is ineffective and without suff,rcient consequences for non-compliance to warrant our continued efforts. The Council, on February 1,2011 voted to support the voluntary compliance program, with the item to return within a year for review. As you can see by the attached inspection reports and photos, many of the racks are unsightly and grimy, broken, rusted and covered with graffrti, stickers and food, etc. The resulting blight is an eyesore and not the message we want to convey to visitors and guests about how we care for our Downtown. It is apparent that most vendors (a few have shown good faith efforts) simply are not interested in the condition of their racks and with no enforcement consequence to worry about, they are not motivated to bring racks into compliance. The Board is requesting that Council consider having this item returned for review and new to ensure compliance and remedy the problem. In previous discussions regarding solutions, one idea was offered that seems to have merit, though I am unsure if it is legally applicable. That would be to inform all news rack vendors that (once adopted) a mandatory program is in force with violators receiving first a warning, then a citation. If the citation is not paid and/or the rack remains in violation, a removal warning will be issued followed by removal of the rack to a secured area where it can be retrieved by the owner following payment of the citation. It is apparent that most vendors (a few have shown good faith efforts) simply are not interested in the condition of their racks and with no enforcement consequence to worry about, they are not motivated to bring racks into compliance. Your assistance in advancing this item to appear on a future Council agenda is greatly appreciated. 2lUtr 3l1t 5ltl tUtr U2sl12 213112 3l22lt2 5l30lt2 6/291t2 8l30lt2 9lt4lt2 319/13 3/2Ut3 516/t3 News rack Timeline (update) s-14-13 News rack ordinance to Council2lllll See attached Council action including "returning to Council in one yeaf' City working to get permit holder information and fees within one-month; letter to be issued 4ll1 for delinquent vendors to secure permit with 30- day deadline City still receiving permits/info from vendors (city staff reduction) Letter thanking vendors for obtaining permits and reminding of compliance requirements (from City) First inspection (by DA Security) Compliance letters issued (by City for l0-day re-inspection) Communication between DA/City; GIS developing map of rack locations Second inspection (by DA Security) Second compliance letter (with July 20 deadline for compliance) Third inspection (by DA Security) Third compliance letter (with October l5 deadline for compliance) Fourth Inspection (by DA Security) Fourth compliance letter (with April24 deadline) Communication regarding enforcement, no "next step" City Council Meeting Tuesday, February 1,2011 Page 3 I CONSENT AGENDA CI. MINUTES. ACTION: Moved by Ca,rge/snlith to waive oral reading and approve the mlnutes of November 9 and 16, 2010, as amended; motion carried 4:0 (Smith recused). ACTloN:Movedby@[htowaiveoralreadingandapprovetheminutesof December 1 and 7,2010, as presented; motion canied 5:0' BUSINESS ITEMS 1. coNslDERArloU oF GURRENT AND PRqPPSED.SEçu!4\I9NS oovenutla¡ne mAlnreNençe or ¡¡ewsn¡lcxs ltt clly nlqlrr or WAY. Citv Ajtomevlietrich and Public Works DeoutyDl , and Supervislng Civil enqin.-elHánnqlA presented the agenda report and responded lo questions. Council Membqr Çartef recused himsetf due to a potential conflict of interest and left the Council Charnber. Public Comments Eiene- Radarnaker. San Luis Obispo, referrenced a letter submitted to the Council by the ffitionwhichstatestheirsupportofstaffsrecommendation. Stevq Owens, San Luis Obispo, spoke ln support of the staffs recommendation and responded to Council questlons. Chris Gardner. spoke about his concems and observations of "condo type" newsracks and responded to Council guestions. --end of public comments-- ACTION: Moved by Smith/Camenter to direcl staff to take an incremental approach to regulation, focusingon stakeholder engagement, enforcement of existing regulations, an-d progress tracking and retum to Council ln one year wlth a report on effectiveness of enfoicernent efforts ãnd recommendations regarding the need for additional regulation (4:0, Carter rocused). 2.REM9VAL OF MEMBELOF TOURISM BUSINESS IMPROVEHENT DISTRICT fiBrDl BO,A&DI I t Citv Clerk Cano presented the agenda report