HomeMy WebLinkAbout05/04/2004, C2 - THURSDAY NIGHT PROMOTIONS RULES AND REGULATIONS council -�
acEnaa Repoat CA
CITY OF SAN LU I S OBISPO
1
FROM: Deborah Cas14�
SUBJECT: THURSDAY NIGHT PROMOTIONS RULES AND REGULATIONS
CAO RECOMMENDATION
Approve recommended changes to the Downtown Association's Rules and Regulations for
Thursday Night Promotions.
DISCUSSION
Recently, the City Council reviewed suggested changes to the SLO Downtown Association's
Thursday Night Promotions (TNP) Rules and Regulations and approved those changes. Within
weeks of that action, activities related to TNP that require addition, modification or clarification
to the Rules and Regulations (updated) have occurred necessitating three additional changes as
described below.
1. The Thursday Night Promotions (TNP) committee recently reviewed an item regarding
the need for barbecue vendors to have access to their assigned street spaces in a different time
frame than stipulated in TNP Rules and Regulations. The TNP committee voted to support the
revision, directed staff to draft appropriate language, received Board of Directors approval and
now seeks Council approval for final adoption.
In the past, barbecue vendors have been assigned space that coincidentally was located in
loading zones. Because the spaces were not metered, pulling the barbecue unit into the assigned
space by 4 pm (as so provided in TNP Rules and Regulations) to set up was typically not an
issue.
However, in the past two years, new barbecue vendors have been approved (upon departure of
prior barbecue vendors) and these new barbecue vendors have been assigned space that was
either nearer to their business (Mother's Tavern upon the departure of Nothing But The Best, and
Oasis upon the departure of Tortilla Flats) and those barbecue areas are located in metered
spaces or have had a change of zone (from loading to metered in the case of SLO Brew).
Because the barbecue vendors must pull their equipment into place by 4 PM in order to have a
4:30 PM start and food ready by 6 PM, it is necessary that the metered spaces be vacated by 4
PM. However, even if the meters are specially posted for No Parking after 4 PM, it was
discovered that cars were often not vacated from the space at 4 PM and the police, when called
to have the vehicle towed, felt it important to give the car's owner about 30 minutes leeway
before calling a tow truck, this meaning that the car wouldn't be towed until 5 PM thereby
preventing the barbecuer from having food ready in time for the market.
Council Agenda Report-Title of Report
Page 2
In discussion with City of SLO Parking Director Robert Horch, unless special permission can be
obtained by the Downtown Association from the City Council to amend the No Parking time in
the barbecuers spaces ONLY, the time of 4 PM will be enforced and the barbecuers will not be
guaranteed the ability to begin their barbecues on time.
Therefore, the Downtown Association has developed the following language to be added to the
Thursday Night Promotions (TNP) Rules and Regulations upon approval of the City Council:
Areas assigned to barbecues that consist of on-street, regular metered parking spaces (a
total of no more than 18 spaces (nine barbecues) may be posted "No Parking After 3 PM"
by the Downtown Association, complying with City of SLO requirement that such
posting occur 24 hours in advance of the restricted time. Barbecue unit may not be
brought into space until 4 PM.
The Downtown Association feels this change will result in a smoother set up period for the
barbecue vendors and would not pose a substantial negative impact on parking as only three
vendors at this time are in metered spaces.
2. In addition, the Downtown Association has been notified by SLO Fire Department, John
Madden, Fire Inspector, that the practice of towing"live" or lit barbecues into the TNP area is no
longer allowed. Currently, only one barbecue vendor engages in this practice and the Fire
Department will be issuing notice to that vendor that this practice will be prohibited. While the
latest update of the Rules and Regulations eliminated the language that previously supported this
practice (during the early years of TNP, most barbecue vendors had towed in lit barbecues), the
language needs to be clarified to support the Fire Department's ruling that the practice is not
allowed,
Proposed Language
All barbecues must be set up in their assigned space prior to lighting the barbecue. No
"live" or lit barbecue units can be transported into or out of the TNP area.
3. Finally, a recent incident also shed light on the fact that in the Rules and Regulations,
while it is stated that all cars must unload and be out of the TNP area by 6 PM, there is no
specific language prohibiting someone from bringing a vehicle into the TNP area prior to the 9
PM time when it is usual and customary for vendors to drive their vehicles into the barricaded
areas to take down (area still closed to public traffic at this point). Streets are reopened to traffic
at 9:30 PM upon removal of barriacades. Because driving an auto in the TNP area during non
set up or take down times is unsafe, and because the potential for accident or injury would be
great, it is important that the Rules and Regulations clearly state that this is prohibited.
Council Agenda Report-Title of Report
Page 3
Proposed language:
Set Up begins at 5:30 PM, at which time vendors may drive onto the TNP area to their
assigned space (they may enter barricaded area), unload their items and remove their
vehicle from the TNP area until 9 PM takedown time. At 9 PM, vendors may then again
return through the barricades to their spaces and load their vehicles. Barricades will be
removed at 9:30 PM and streets are reopened for public vehicular access. Drivers must
proceed with caution. The following guidelines, given to all participants for set up and
take down, state (in part):
• TNP officially begins at 6 PM and ends at 9 PM. Higuera St. is barricaded from
all side entries and at both ends at approximately 5:30 PM, at which time vendors
may begin setting up.
• Do NOT stop vehicles or set up booth space until after 5:30 PM.
• Do NOT block the center lane of Higuera Street at any time; pull to the side lane
and unload your vehicle.
• NO VEHICLES (EXCEPT THOSE USED FOR OCCASIONAL DISPLAY
PURPOSES AND NOT DRIVEN AFTER SET UP) ARE ALLOWED ON
HIGUERA STREET BETWEEN 6 PM — 9 PM. If vendor is running late or
wants to leave early, all equipment must be carried in/out.
• Drivers must exercise extreme caution and drive at a low rate of speed during the
5:30 — 6:00 PM set up and 9:00 — 9:30 PM takedown. Drivers must heed all
directions issued by TNP Coordinator regarding safety.
In no case may any vendor, visitor or any person drive, move or operate a vehicle onto
the TNP area during the 6—9 PM TNP activity.
CONCURRENCES
Although change #1 above impacts parking revenues, Parking Manager Robert Horch concurs
with the recommendation because 1) it provides consistent parking policy for barbeque vendors
and 2) the benefits of TNP to the City outweigh the minimal decrease in revenues.
FISCAL IMPACT
There is no fiscal impact to the Downtown Association by the suggested changes, modifications or
clarifications. However, in the case of Item 1, changing posted hours for barbecue vendors in
metered parking spaces from 4 PM to 3 PM,there will be a loss of meter revenue in those spaces for
the City. Currently, this would apply to three barbecue vendors only, two spaces each for a total of
six spaces. It is not anticipated at this time that any of the other barbecue vendors would require
metered spaces for their activity. Financial impact: six spaces x one hour per week x 52 weeks =
312 hours x .75/hr=$234.00 annually from Parking Revenue.
U' -3
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Council Agenda Report-Title of Report
Page 4
ALTERNATIVES
None.
Attachments
Board of Directors Minutes 4-13-04
TNP Committee Minutes 3-24-04
ill IPilJI11d E I I
SLO Downtown Association
Board of Directors
13 April 2004
City Council Hearing Room
Minutes
Present
Brad Bilsten
Ellen Henry
Howard Carroll
Jeff Langford
Tom Swem
Michael White
Patty Carpenter
Alex Gough
Bob Seeley
Frank Merson
Brandon Downing, ex officio
Deborah Cash, staff
Kristin Ansari, staff
Betsy Kiser
Meeting called to order 7:35 AM.
No public comment at this time.
Motion to approve minutes of Langford, 2' by Carroll. PAIF.
Motion to approve minutes of Board Retreat by Langford, 2nd by White, PAIF.
TNP Appeal
Sandy Cook, Democratic Central Committee, appealed the TNP committee's decision to
not allow stickers given outsold at TNP.as per.rules and regulations. Feels being
penalized for others' irresponsible acts/prior restraint.
Motion to uphold bylaws regarding stickers on the basis that the request may
induce damage to property by Carroll, 2nd by Swem; PAIF.
Taste of San Luis
Date changed to September 8; 2nd round of letters goes out this week.
Utility Upgrade
Langford said he was amazed how fast the project went on his section.
Seismic Review
Car
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MACHMEM 9
Carroll said task force feels basic elements of original element are not flawed,just need
to be tweaked. Gough: some have already done "level A"(parapet repair, bond beams,
tying roof to walls) of retrofit; will propose a modification of existing law. If property
owner reroofs before 2007,triggers Level A, after 2007, must do entire structure. Theory
was that many buildings were in need of rerroofing and this would trigger retrofits.
Bilsten said he rec'd a fax from A] McVay regarding City's proposal for changes (City
subcommittee recommendation).
Carroll said this is a very complicated situation. Tenants have rights, quiet enjoyment of
their property, landlord cannot take away; if landlords have commitments and ordinance
gets reversed/accelerated, will overlap leases, what happens to tenants.
Bilsten suggested sending a.letter to membership. Seeley: potential for misinformation,
fear based thinking; info disseminated in a non sensational way.
ARC Sign Ordinance Update
Continued to May; White would like to attend meetings.
TNP
Motion by Langford to accept revisions as recommended; 2"d by Merson; Seeley inquired
about loss of meter revenue; on a vote 3 in favor, 7 abstain.
Motion fails.
Motion for item#3 (autos) by Carroll, 2"d by Langford; PAIF.
Motion for item#2 (lit barbecue pits) by Merson, 2"d by Carroll: PAIF.
Motion for item#1 with: barbecue not to be brought into space until 4 PM
with item being revisited in six months; 2"d by Henry; PAIF.
Am assador Program Signups
Bilsten passed around signup sheets.
Promotions Coordinators Report
Ansari showed Concerts art work to Board, lineup of bands has been established; still
need individual band sponsors;Rib Cook Off volunteer signup sheet sent around; we
currently have 4 interns.
Parking and Access
Swem: bike rack program (sponsors), "One Hour Free"token program.
Upcoming: a private Valet Parking business will make a presentation.
Will be reviewing parking inventory on a monthly basis for loss/gains.
Design
Presentation at breakfast regarding assisting businesses with exterior design ideas.
San Luis Obispo Downtown Association
Thursday Night Promotions Committee
March 24,2004
Downtown Association
Minutes
Present Guest
Mike White, Chair Bill Storm, Democratic Central Committee
Bob Walters Sanford Cook,.Democratic Central Committee
Linda Jankay Robert Hoarch, City Parking
Sara Hazard
Paul Brown
Mike Ray
Kristin Ansari, Staff
Deborah Cash, Staff_
Call to Order by White 8:03 am
Public Comment
Sanford Cook and Bill Storm represented the Democratic Central Committee to state a complaint
about the ban of sticker distribution at Farmers' Market, and the ban of amplified.sound (which in
this case is their T.V. demonstration). They felt that this violates their first amendment right of
freedom of speech.. They wanted to respectfully request that these issues be brought to committee's
attention. Cash explained the reasons the committee made these rules: the stickers being used as
graffiti, and amplified noise being a distraction from TNP Entertainment. Since these rules were
taken to City Council and approved, the next step is for this complaint to be taken to the Board of
Directors,then to City Council. The issue of having a T.V. displayed at Farmers' Market isnot seen
as a problem.
i
Motion to allow audio-visual equipment at Farmers' Market by Brown,2 by Walters, PAIR
Meter Tags in the BBQ Zones
Ansari explained that after working with LarryTolson on issues of the construction project not
conflicting with Farmers' Market, it was found that a number of BBQers had made previous
arrangements to post their own meter tags at 3:00, rather than the standard 4:00. Due to staff
changes and other circumstances, the Downtown Association was not familiar with these special
circumstances. Hoarch explained that also being new to his position, and having no knowledge of
any special circumstances, this issue needs to be resolved by changing the rules and regulations.
This will allow for all BBQers to post meter tags for 3:00. Before this is allowed, the changed rules
and regulations need to be taken to City Council.
I
Motion to change Rules and Regulations to accommodate BBQers by Brown, 2"by Walters, PAIF
A