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HomeMy WebLinkAbout12-04-2012 c1 minutes of november 13 2012 and november 20 2012• • MEETING DATE : December 4, 201 2 ITEM :C l MINUTE S SPECIAL MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O TUESDAY, NOVEMBER 13, 2012 - 6 :00 P .M . COUNCIL CHAMBER, 990 PALM STREE T SAN LUIS OBISPO, CALIFORNI A ROLL CALL : Council Members Present :Council Members John Ashbaugh, Andrew Carter and Kathy Smith, an d Vice Mayor Dan Carpente r Council Members Absent :Mayor Jan Mar x City Staff Present :Katie Lichtig, City Manager, Andrea Visveshwara, Assistant City Attorney , Michael Codron, Assistant City Manager, and Maeve Kennedy Grimes , City Clerk, were present at Roll Call . Other staff members presente d reports or responded to questions as indicated in the minutes . ------------------------------------------------------------------------------------------------------------ PLEDGE OF ALLEGIANC E Council Member Smith led the Pledge of Allegiance . --------------------------------------------------------------------------------------------------------------- PUBLIC COMMENT — ITEMS NOT ON THE AGEND A Gary Fowler,San Luis Obispo, spoke in regard to bicycle lane markings and the cost o f marking the roads . He also spoke about the violations made by bicyclists in the city . Tom Martin,from Cold Canyon Landfill, notified the Council that they are appealing thei r Board of Supervisor's project approval . Mr . Ashbaugh and Mr . Carter asked Mr. Marti n questions . ---end of public comments--- -------------------------------------------------------------- --------------- ---------------------------------- BUSINESS ITEM S B7 .FINAL REPORT :WATER RATE STRUCTURE STUDY .(MATTINGLY/HORTON/MUNDS — 60 MINUTES) City Council Meeting Minutes Page 2Tuesday, November 13, 201 2 Utilities Director Mattinqly,Conservation Manaqer Munds and Shawn Koom,Associate •Vice President, HDR Engineering presented the report and responded to Counci lquestions. Public Comment sNo one spoke at this time .---end of public comments--- Council Member Smith is concerned about the rate increase on the low end users . Sh estated her interest in finding out if other Council Members were interested in a nalternative. Council Member Ashbauqh stated that he was interested in alternative 2 but ha sconcerns. Council Member Carter stated that he would consider alternative 2 if the fixed cost woul dincrease recommend the ccf to $7 or $7 .50 . Vice Mayor Carpenter stated he was comfortable with the staff recommendation . Council Member Carter suggested that the matter be continued to another meeting s othat Mayor Marx could participate in the discussion and vote . ACTION :Motion by Council Member Carter/Council Member Smith to •continue a decision on this matter to an uncertain date when Mayor Marx ca nparticipate in the discussion and vote .Roll Call Vote : 4 — 0-1(Mayor Marx absent) Motion Carried . ----------------------------------------------------------------------------------------------------------------BUDGET WORKSHO PBW1.SETTING THE TABLE : BACKGROUND MATERIALS FOR 2013-1 5GOAL-SETTING AND FINANCIAL PLAN PROCESS .(LICHTIG/BOURBEAU/CODRON/JOHNSON/MATTINGLY — 120 MINUTES ) City Manager Lichtiq,Director of Finance & Information Technoloq y Bourbeau,Assistant City Manaqer Codron,Community Development Director Johnson , and Interim Director of Public Works Mattinqly presented the report and responded t o Council questions . Vice Mayor Carpenter expressed his pleasure with the presentation tonight and look s forward to the December meeting . No one spoke at this time . Public Comments C1-2 1 City Council Meeting Minutes Page 3 Tuesday, November 13, 2012 --end of public comments-- City Manaqer Lichtiq thanked staff for their attendance at tonights meeting . Concensus was reached by all Council Members to accept the report . -----------------------------------------------------------------------------------------------------------------COUNCIL LIAISON REPORTS AND COMMUNICATION S Liaison Reports :The following reports were received : Council Member Ashbaugh presented an oral report . He attended the opening of th eVeterans Center . Council Member Ashbaugh indicated that he and three other Counci lMembers attended the Homeless workshop at the Mission on November 5 th .TheAtascadero Veterans Day ceremony honored Hazel McNett for her service during WWII . Council Member Smith reviewed her prepared report, including her attendance at th eLUCE Task Force, Portland Homeless Village Presentation ; Court hearing re theHomeless Alliance ; Employees of the Year Tea ; Adam Hill Homeless Services Center ;Granada Sneak Preview and Neighborhood Wellness meeting ; Chamber Green Awards ;SLO Vet's Center Opening ; Mission Social Justice Ministry ; Hospice Mayor's Luncheon ;•Farmer's Market Veteran's Commemoration ; Central Coast Economic Forecast ; Habita tfor Humanity Groundbreaking ; meeting with Bill Thoma ; and Downtown Associatio nBoard meeting . Dixon Moore made a presentation regarding advertising at City parkin gstructures. Communications :Council Member Carter brought up the fact that even with the passage of Proposition 30 ,Cuesta College is considering cancellation of classes . At their meeting on Dec 12 th ,the Board of Trustees will consider the preliminary list of classes to be cancelled ,including Career and Technical courses, German, Geography, and the Dance program ,however, there are no proposed cuts to athletics . Council Member Smith complimented the Vice Mayor on conducting the meeting , -----------------------------------------------------------------------------------------------------------------There being no further business to come before the City Council,Vice Mayor Carpente radjourned the meeting at 7 :47 p .m . Maeve Kennedy Grime sCity Cler k APPROVED BY COUNCIL : xx/xx/1 2 • • MINUTE S REGULAR MEETING OF THE CITY COUNCI L CITY OF SAN LUIS OBISP O TUESDAY, NOVEMBER 20, 2012 - 6 :00 P .M . COUNCIL CHAMBER, 990 PALM STREE T SAN LUIS OBISPO, CALIFORNI A ROLL CALL : Council Members Present :Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic e Mayor Dan Carpenter, and Mayor Jan Mar x City Staff Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae l Codron, Assistant City Manager, and Maeve Kennedy Grimes, City Clerk , were present at Roll Call . Other staff members presented reports o r responded to questions as indicated in the minutes . ------------------------------------------------------------------------------------------------------------ PLEDGE OF ALLEGIANC E Cub Scout Pack Six led the Pledge of Allegiance . --------------------------------------------------------------------------------------------------------------- PRESENTATION S PROCLAMATION — SAN LUIS OBISPO FFA TEAM —(MARX — 5 MINUTES ) Anna Bates and the FFA Team accepted the Proclamation . PRESENTATION OF THE MUSTANG WAY BY ASI PRESIDENT KATIE MORROW — (LICHTIG — 10 MINUTES ) Katie Morrow, ASI President, made her presentation regarding the Mustang Wa y a set of three tenants - Pride, Responsibility and Character . PUBLIC COMMENT — ITEMS NOT ON THE AGEND A Jeff Aranquena,San Luis Obispo, spoke about a project at his school — Project Citizen . Don Hedrick,San Luis Obispo, spoke about the election and recycling . Kevin Rice,San Luis Obispo, spoke about representation on the Air Pollution Contro l District . ---end of public comments--- • • City Council Meeting Minutes Page 2 Tuesday, November 20, 201 2 ---------------------------------------------------------------------------------------------------------------- •CONSENT AGEND A Public Comments On Items On The Consent Calenda r No one spoke at this time . ---end of public comments--- ACTION :Motion byCouncil Member Carter / Council Member Smith t oapprove the Consent Calendar Items C1, C3, and C4 . Item C2 continued toSpecial Meeting December 3, 2012 . Roll Call Vote : 5 — 0 Motion Carried . Cl .MINUTES OF WEDNESDAY, NOVEMBER 7,2012 .(CODRON/KENNED YGRIMES) RECOMMENDATION :Waive oral reading and approve as presented . ACTION :Approved by Consent Calendar Vote . C2.RESULTS OF THE NOVEMBER 6, 2012, GENERAL MUNICIPAL ELECTION .•(CODRON/KENNEDY GRIMES ) RECOMMENDATION :Adopt Resolution declaring the results of the November 6 ,2012, General Municipal Election . ACTION :Council was notified that the County Clerk Recorder had not complet ethe ballot counting process and certification of election results, therefore, at th erequest of staff, this item will be placed on the December 3, 2012 Specia lMeeting Agenda . C3.INTEGRATED REGIONAL WATER MANAGEMENT PROGRAM — REVISE DMEMORANDUM OF UNDERSTANDING .(MATTINGLY/HORTON ) RECOMMENDATION :Approve the "San Luis Obispo County Region Integrate dRegional Water Management Program Participants Memorandum o fUnderstanding" and authorize the Mayor to execute the agreement . ACTION :Approved by Consent Calendar Vote . C4.LONG TERM LEASE OF A PORTION OF THE CITY'S CALLE JOAQUI NAGRICULTURAL RESERVE TO CENTRAL COAST AGRICULTURA LNETWORK TOPROVIDE FOR ONGOING MANAGEMENT O F • AGRICULTURAL OPERATIONS ON THE SITE .(CODRON/OTTE) City Council Meeting Minutes Page 3 Tuesday, November 20, 201 2 RECOMMENDATION :1) Approve the proposed long term lease with Centra l Coast Agricultural Network (CCAN) to manage and operate the Calle Joaqui n Agricultural Reserve (CJAR). 2) Authorize the Mayor to execute the lease and t o amend the lease to include two additional parcels once the related title dispute i s fully resolved . ACTION :Approved by Consent Calendar Vote . ----------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS AND BUSINESS ITEM S PHI .CONTINUED HEARING ON THE APPEAL OF THE PLANNIN G COMMISSION'S APPROVAL OF A NIGHT CLUB (SLO BREWING COMPANY ) RELOCATION IN THE HISTORIC DOWNTOWN COMMERCIAL (C-D-H) ZON E (A 57-12).(JOHNSON/CARLONI — 150 MINUTES ) Vice Mayor Carpenter recused himself from this item due to ownership of commercia l property in the vicinity of the project . Vice Mayor Carpenter left the dias . Mayor Marx asked members of Council to disclose any exparte communications i n regard to this public hearing . Council Member Smith reported she attended a meeting at the Downtown Associatio n and a meeting with Mr . Marshall and Ms . Florence . Council Member Carter — reported he met with Mr . Marshall and Ms . Florence . Council Member Ashbaugh — reported he met with the Applicant and his representativ e and also had a meeting with Allan Cooper, representing from Save Our Downtown . Mayor Marx —reported she attended a meeting at the Downtown Association Downtow n Association and meeting with Mr . Marshall and Ms . Florence . Community Development Director Johnson and Assistant Planner Carloni presented th e report and responded to Council questions . Allan Cooper,made a presentation on behalf of Save Our Downtown, the Appellant . Carol Florence,OASIS Associates, made a presentation on behalf of SLO Brew, th e Applicant .Hamish Marshall reviewed options for Council and answered questions . Mayor Marx opened the public hearing . Andrea Miller,owner of Spikes, supports the project . Downtown business owners respect the integrity of downtown . • • • City Council Meeting Minutes Page 4Tuesday, November 20, 201 2 Linda Groover,San Luis Obispo, spoke in opposition to the project . She felt there ar e•Issues regarding historic aspect of Carissa building, queuing over the bridges and effecton Mission Plaza , Jeff Minnow,San Luis Obispo, spoke in support of the project . SLO Brew has improve dit's business over the past years and is a great draw for San Luis Obispo . Ken Kislinq,San Luis Obispo, Student Senator at Cuesta College, asked if bringing mor ebars to the downtown is the direction San Luis Obispo wants to go to . Dixie Cliff,San Luis Obispo, spoke about elimination of roof top service and stairway t othe third story as a means to reduce cost . Louise Justice,San Luis Obispo, supports Save Our Downtown ; she stated she hasconcerns regarding safety of patrons, small businesses surrounding the project, and th epolice force . In addition, the size of the sidewalk is a concern . The Applicant should no thave disregarded the Council discussion regarding no rooftop terrace usage . Donald E . Hedrick,San Luis Obispo, spoke out in regard to the lack of adequate parking ;queuing towards Mission Plaza - eastward along the creek ; crime is an issue of concern .Development is trying to transform the downtown and jump ahead of itself . He felt th eproject should be moved to another area of town, not the downtown . •Joseph Abrahams,San Luis Obispo, supports Hamish's project, but spoke to the fact tha tanother location would better suit this project . He stated that he is apprehensive of SL OBrew on locating on Higuera Street . Elisabeth Abrahams,San Luis Obispo, reminded Council about the public comments o nSeptember 25th regarding WOW, and the concerns the Council expressed regarding th eproject. She reiterated that people have voiced concern about the number of bars in th edowntown area ; the stairs were suggested to be moved inside and were not ; in additio nthe use of Mission Plaza remains a concern regarding crime and lighting . Allan Cooper,San Luis Obispo, he does not oppose SLO Brew, but the expansion of th eproject size . He read a list of bars in downtown San Luis Obispo and asked Council t oconsider the number of bars in the downtown . Pepper Daniels,Nipomo, spoke in favor of the project . He felt the crime in the creek are ainvolved transients ; by improving the area of the project he believes it will improve th ecreek area . David Brodie,San Luis Obispo, stated that he is not against SLO Brew, but is against thi snew location . He showed a graphic that illuminated all properties in the downtown tha tserve alcohol on the ground level . He suggested a continuation of this item so that SL OBrew could look for new location . He felt that policing, noise and lighting must b e • considered in this matter . City Council Meeting Minutes Page 5 Tuesday, November 20, 201 2 At 8 :02pm, the Council recessed and reconvened at 8 :15pm . Jim Ruddiell,Morro Bay, supports the prosperity of the business . Kevin Main,Cayucos, owns a jewelry store on Higuera St . He stated that she felt SL O Brew would improve the neighborhood and vitality . He does not agree with queuing o n Higuera Street . In addition, he stated that this project sets the bar a little higher in th e neighborhood . Warren Flaschen,Morro Bay, supports SLO Brew. He felt this project would be a n improvement in the downtown area . He stated that the Applicant has made significan t changes to the project to meet the City's needs . Bill Hales,San Luis Obispo, owns the building next door to the project . He is in support o f the project . The bar business is a difficult business ; he is trying to mitigate problems . Deborah Cash,Downtown Association, supports the project as currently proposed . Sh e stated this is an opportunity to send a message to entrepreneurs that San Luis Obispo i s not a difficult area to relocate . Michelle Tasseff,San Luis Obispo, has enjoyed food at SLO Brew ; and would like to se e them expand ; she supports this development . Not all of the Save Our Downtow n statements are fact, but are assumptions . Courtney Kienow,San Luis Obispo Chamber of Commerce, asked the Council to look t o the big picture of downtown . She sees this project enhancing the vibrancy of downtown . Sandra Lakeman,San Luis Obispo, stated that she is opposed to the project for severa l reasons : the steel staircase should trigger an EIR ; the roof top use was supposed to b e removed, but has not ; the noise issue is still questionable ; the facade of this renaissanc e revival structure should be designed with the proper materials ; sliding glass doors are no t in keeping with the style . She suggested that shops in the ground floor would disguis e the bar ; In lieu fees need to be reviewed and Mission Creek should not be used fo r queuing . Rod Cegelski,San Luis Obispo, is working with SLO Brew to help with branding . Brewin g is not just about the beer, but is also about shopping, souvenirs, restaurant, brewing tour s and the music venue . Nic Cano,San Luis Obispo, stated he was proud of being from San Luis Obispo an d working for SLO Brew . He felt this relocation would bring more attention to the differen t views of San Luis Obispo from the proposed rooftop terrace . • • • City Council Meeting Minutes Page 6Tuesday, November 20, 201 2 •Melissa Kasarlian,Atascadero, stated she has recently moved her business to Nort hMarsh Street and supports the relocation of SLO Brew . She sees this is an opportunit yfor the City to expand it's revenue . Kevin Zunich,San Luis Obispo, Roxanne's Birkenstock, agreed that there are issues wit hcrime. He stated that there is huge potential with this project . He felt this was aprofessional project by professional people . Jennifer Wilkinson,Atascadero, works in San Luis Obispo, SLO Brew isn't just a bar, it'sa thriving restaurant, a successful music venue and a revival of the brewery . She state dthat denial of this appeal would show small businesses in San Luis Obispo that you ar elistening and supporting them . Neal Losey,San Luis Obispo, supports SLO Brew . He stated that SLO Brew brings grea tmusic for many demographic groups . He is excited about the rooftop restaurant aspect o fthis project . Steve Tolley,Coordinator of Safe Nightlife ; spoke about the owners of this business an dproject; he supports this project . Derek Senn,San Luis Obispo, is in favor of all aspects of the project . John Nvgven,San Luis Obispo, has worked for SLO Brew for 7 years . He sweeps th e•sidewalk nightly and takes personal responsibility for the task . He was appalled by som eof the improper "facts" stated by others tonight . Monte Schaller,supports SLO Brew . He has worked for SLO Brew for 5 years and i scurrently the General Manager . He thanked supporters of the project . He stated tha tSLO Brew has to expand in order to grow . He informed Council that the rooftop ha samazing views . Kevin Rice,San Luis Obispo, supports the Planning Commission's decision and th eapplication. He recommended that Council focus only on items on appeal . Sandra Rowley,San Luis Obispo, represents Residents for Quality Neighborhoods . Sh estated the noise source cannot be mitigated — voices travel further when there is lessambient noise . In addition, noise while patrons are leaving the venue may be potentia lproblem in neighborhoods . Eric Meyer,San Luis Obispo, supports Planning Commission decision . He asked Counci lnot to stop the creative people / creative spaces in our town . Brad Baane,San Luis Obispo, supports the project . He is a musician and has played a tSLO Brew . He sees this as a music venue first and foremost . • City Council Meeting Minutes Page 7 Tuesday, November 20, 201 2 Diane Duenow,San Luis Obispo, stated this is not an attack on SLO Brew ; the issue i s different . The SLO downtown is fragile ; there is a lot that happens in the wee hours tha tis disturbing . She stated that when alcohol is involved, things can get rowdy . SLO i s encouraging mixed use and high end condos and this project will impact them . Hamish Marshall stated the rooftop deck has been misrepresented ; we are providing a food and lounge area . He indicated that conditions of approval make it difficult to operate .He specified that SLO Brew has to move in order to complete retrofit in 2015 . ---end of public comments--- Mayor Marx closed the public hearing . Community Development Director Johnson reiterated to Council that the CHC and AR Cwould review this project if approved by Council . He reviewed current retrofit schedule son the Garden Street and Higuera properties . Assistant Planner Carloni reviewed Planning Conditions of approval as submitted b yapplicant and reviewed by the Community Development Department . Council Member Ashbaugh acknowledged that SLO Brew is a viable and thrivin g business ; the City Council cannot bring additional customers to the business, only SL O Brew can . He had concerns regarding architectural design, but understood that this isn't • the venue for review, but that CHC and ARC will review the project . By fine tuning th eelements of this project with shared goals of Save Our Downtown, he believes that th eproject will be a good project in keeping with City development . Council Member Smith indicated that as an entrepreneur she does not want to see th e demise of any business, including SLO Brew . She appreciated that the appeal wa s brought forward and has brought good changes to the project . She felt the project wil l bring creative people in our community . Further, she stated, the focus of the peopl etoday may not be the best focus for the future . She stated there were many goo dreasons to go ahead with this project, however, she still had concerns including the stee l staircase ; parking and lack of police coverage . In addition, the number of bars and lack o f retail is a concern . She offered her support for the project and wants to see it return t o Council for review in a year . Council Member Carter stated that what was not before the Council were the stairs an d the facade ; they will be considered by ARC and CHC . He highlighted the fact that th e City policies are set by the City and must be followed by the City ; sometimes we find w e have concerns about the policies, if that is the case, those policies should b e reconsidered in another venue . He stated that he had had concerns about the size an d scope of the project, however, the applicant has met the reduction in size and he no w supports the project and feels it is exempt from an EIR . He stated his support of the Staff proposal and the return of the project to the Planning Commission in a year . In regard to alternate queuing, he did not have a problem with the use of Warden Bridge during C1-10 • • City Council Meeting Minutes Page 8Tuesday, November 20, 201 2 •Farmers' Market . He had concerns regarding safety from a walking standpoint .Therefore, he suggested the applicant enter a hold harmless agreement with the City fo rthose nights . Council Member Carter recognized that Save Our Downtown and others raised the issu eof the number of bars in the downtown . He reiterated it is a complicated issue ; and wouldhave to be brought forward for policy review . In regard to the parking and zoning code ,he stated there is a disconnect in the code that should also be addressed . However,these were not issues for discussion this evening . Mayor Marx supported the move of SLO Brew ; and agreed it has to happen for severa lreasons. She felt this process had come up with a good compromise with a reduction i nsize but allowing the business to be viable . With regard to the rooftop use, she agreed t othe reduced numbers and eliminating music . Further, she agreed with staffrecommendations to the proposals by applicant . She felt it would be appropriate that th eannual review come back to the Council in one year . If there are no issues, staff woul dprovide their review as a consent item ; if there are issues, a review would be brought t othe Council for consideration . She was impressed with local business owners supportin gthe project . She agreed that the project encompasses the brewery, restaurant, musi cvenue, and a meeting space . Mayor Marx expressed appreciation that the appeal wa sbrought forward and has brought good changes to the project . Additional discussions took place regarding the opening time in Condition 8 ; the music i n•Condition 9 ; and adding a condition with regard to a hold harmless and indemnificatio nagreement inserted as Condition 41 . ACTION :Motion by Council Member Carter /Smith to deny the appeal, adop tthe Resolution included in the packet as Attachment 1 as Resolution No . 10396(2012 Series)with amended conditions provided by staff and modified by Council .Condition 8 — Monday through Sunday with all outdoor hours of operation limite dto 7 :00am to 11 :00pm .Condition 9 — Live amplified entertainment shall not be allowed in any outdoo rareas (ie ., Higuera Street dining, creek-side dining, roof level patio). Acoustic o rbackground music consistent with the City's definition of ambient entertainment ,may be allowed 7 :00am — 11 :00pm .Conditions 37, 38 and 39 — remove revocation language and include referenc econsistent with the municipal code .Condition 41 — Addition of hold harmless agreement to be crafted by the Cit yAttorney and applicant : The applicant shall execute a hold harmless an dindemnification agreement to the satisfaction of the City Attorney for any claims o rliability asserted against the City arising from or relating to the applicant's use o fthe proposed patron alternate queuing routes over City property including injury t oany patron, agent, or employee of the permitted property or business, or to an ythird party arising from or relating to such use by the applicant, its patrons, agent sor employees .•Roll Call Vote : 4 — 0 (Vice Mayor Carpenter recused) Motion Carried . C1-11 City Council Meeting Minutes Page 9 Tuesday, November 20, 201 2 Council Member Ashbaugh expressed his reservation to the last issue . ----------------------------------------------------------------------------------------------------------------- COUNCIL LIAISON REPORTS AND COMMUNICATION S No Liaison Reports or Communications were received . --------------------------------------------------------------------------------------------------------------- There being no further business to come before the City Council,Mayor Marx adjourne d the meeting at 10 :31 p .m . Maeve Kennedy Grime s City Clerk APPROVED BY COUNCIL : xx/xx/12 • • • C1-12