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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 f 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 1 I i 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