HomeMy WebLinkAbout10-16-2012 c1 minutes september 18 and 25 2012MEETING DATE : October 16, 201 2
ITEM :C l
MINUTE SSPECIAL AND REGULAR MEETING OF THE CITY COUNCI LCITY OF SAN LUIS OBISP OTUESDAY, SEPTEMBER 18, 201 24:00 P .M . SPECIAL MEETIN G6:00 P .M . REGULAR MEETIN GCOUNCIL CHAMBER, 990 PALM STREE TSAN LUIS OBISPO, CALIFORNI A
ROLL CALL :
Council MembersPresent:Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic eMayor Dan Carpenter, and Mayor Jan Mar x
City StaffPresent:Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae lCodron, Assistant City Manager, and Maeve Kennedy Grimes, City Clerk ,were present at Roll Call . Other staff members presented reports o rresponded to questions as indicated in the minutes .------------------------------------------------------------------------------------------------------------STUDY SESSION ITE M
•SS1 .WATER RATE STRUCTURE STUDY SESSION .Utilities Director Mattinqly, and Conservation Manager Munds,presented their report an dresponded to Council questions .
Shawn Koom,Associate Vice President, HDR Engineering, Inc . presented his repor tand responded to Council questions .
At 5 :33 pm the Council Study Sessio n.concluded . Council adjourned to Regular Meetin gof September 18, 2012 .
____---------------------_--------------------------------------------------------------------------------REGULAR MEETING OF THE CITY COUNCI L
ROLL CALL :Council MembersPresent:Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vic eMayor Dan Carpenter, and Mayor Jan Marx -
City StaffPresent:Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michae lCodron, Assistant City Manager, and Maeve Kennedy Grimes, City Clerk ,were present at Roll Call . Other staff members presented reports o rresponded to questions as indicated in the minutes .
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City Council Meeting Minutes Page 2
September 18, 201 2
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PLEDGE OF ALLEGIANC E
The Pledge was led by Council Member Carter .
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INTRODUCTIONS AND PRESENTATION S
The following introduction was received :
NEW HIRE —
Director of Community Development Johnson introduced new Neighborhood Service s
Specialist Cassia Cocina .
PROCLAMATION — ALZHEIMER'S ACTION DAY (9/21/12)— (MARX )
Proclamation read by Mayor Marx and accepted by Nancy Hite, Coordinator fro m
Alzheimer Organizatio n
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PUBLIC COMMEN T
Donald Hedrick,San Luis Obispo, spoke of the need for transparency in government .
Gordon Hensley,San Luis Obispo Coast Keeper, wanted to generate a discussio n
regarding the marine life protection act resolution of support for MPAs (marin e
protection area).
Andrea Devitt,San Luis Obispo, Counselor at Questa College announced to the Counci l
the upcoming fundraiser at Vintage 255 on September 19 `h . She expressed thanks t o
sponsors for this event .
Steve Barasch,San Luis Obispo, distributed a copy of a portion of the Minor &
Miscellaneous Permits fee schedule . He questioned some of the fees and felt the y
should be reviewed and reduced .
Kevin Rice,San Luis Obispo, spoke of his activities within the San Luis Obispo area .
He would like to see more City documents available on the website and would like t o
see more Measure Y renewal discussions .
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CONSENT AGEND A
Public Comments On Items On The Consent Calenda r
Gini Griffin,San Luis Obispo, spoke in support of Public Art in Public Places (C3).
---end of public comments--
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City Council Meeting Minutes Page 3September 18, 201 2
•ACTION :Motion by Council Member Smith / Council Member Ashbaugh t oapprove the Consent Calendar Items Cl thru C5 (with an announcement that C6 ha dbeen withdrawn from the Agenda on 9/14/2012 at the request of CAPSLO).Roll Call Vote : 5-0 . Motion Carried .
Cl .RESPONSE TO 2012 GRAND JURY REPORT ON MEDICAL MARIJUAN ADISPENSARIES.(JOHNSON/LEVEILLE )
RECOMMENDATION :Authorize the City Manager to submit a letter of response to th ereport on behalf of the City Council, as required by the Grand Jury .
C2.WATER PUMP STATION ANALYSIS PROJECT, SPECIFICATION NO . 91178 .(MATTINGLY/METZ )
RECOMMENDATION :1) Authorize a total project budget of $38,232 for the Wate rPump Station Analysis project, Specification Number 91178 . 2) Authorize the award o fthe design services contract for the Water Pump Station Analysis project to the Wallac eGroup, Inc . for $34,732 .
C3.APPROVAL OF PUBLIC ART PROJECTS FOR 2011-13 .(STANWYCK/BATES )
•RECOMMENDATION :1) As recommended by the Capital Improvement Pla nCommittee, approve the issuance of a request for qualifications for the development o fa Public Art Master Plan and authorize the City Manager to execute a consultan tservices agreement in an amount not to exceed $40,000 . 2) Approve an allocation o f$10,000 to be used for maintenance of the City's current public art collection . 3 )Approve a Public Art Matching Grant request for the Kyle Roofing Mural in the amoun tof $5,000 .
C4.ACCEPTANCE OF ROTARY DONATION .(STANWYCKNILLARREAL )
RECOMMENDATION :As recommended by the Parks and Recreation Commissio n(PRC) accept the donation of exercise equipment for installation at Laguna Lake Natur ePark donated by.the San Luis Obispo Rotary Clubs and authorize the Mayor to executea Donation Agreement with Rotary .
C5.JENSEN AUDIO VISUAL CONTRACT FOR BROADCAST ROO MEQUIPMENT ENHANCEMENTS .(CODRON/SCHMIDT )
RECOMMENDATION :1) Authorize the appropriation and use of funds from the City'sshare of the Public, Educational and Government (PEG) funds for this project . 2 )Award a sole source contract to Jensen Audio Visual to enhance the City's broadcas troom equipment and authorize the City Manager to execute the contract totalin g$96,673 .•
City Council Meeting Minutes Page 4September 18, 201 2
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PUBLIC HEARINGS ITE M
PHI .MUNICIPAL CODE AMENDMENTS TO TITLE 9 (PUBLIC PEACE, MORAL SAND WELFARE), TITLE 10 (VEHICLES AND TRAFFIC) AND TITLE 1 7(ZONING) IN RESPONSE TO THE AUGUST 9, 2012, SETTLEMEN TAGREEMENTWITHTHESLOHOMELESSALLIANCE.(DIETRICK/JOHNSON/MATTINGLY)
City Attorney Dietrick, Community Development Director Johnson, and Parking Manaqer,PW, Robert Horch,presented the report and responded to Council questions .
Mayor Marx opened the public hearing .
Jim Griffin,San Luis Obispo, is opposed to the ordinance and does not want it passed .
Don Hedrick,San Luis Obispo, is opposed to the ordinance . He felt we need moresolutions rather than more laws .
Lacy Fortman,San Luis Obispo, is opposed to the ordinance . She stated there are man yreasons that people become homeless ..
Chuck Crotzer,San Luis Obispo, appreciates the work that has been done clearing Prado •Lane ; and applauded staff for the safe parking program .
Peqqy Koteen,San Luis Obispo, feels the is a problem in the Prado Road area but think sthere needs to be civil solution to the situation .
Kevin Rice,San Luis Obispo, told Council to do what is needed .to follow through on th e
Court ruling ; but that shouldn't be the only solution .
Stuart Jenkins,San I 1 Obispo, stated that homeless people sleep in cars outside hi s
h~ier him . He feels this ordinance is an improvement over wha t
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avough .
' Obispo, stated that the actions of some impact the rights of
1hts issue . There are campgrounds available and there ar e
ste . Respect goes both ways ; it is time for respect for the City .
pudic hearing .
Council discussion ensued during which they each stated their opinions regarding th e
potential amendments to the Municipal Code .
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City Council Meeting Minutes Page 5
September 18, 201 2
Council Member Carter stated that the current ordinance regarding parking an RV o n
the street is longstanding ; as well as the seven day limit for RVs in driveways . H e
stated he personally supports this ordinance ; he does not think the streets are a n
appropriate place for camping .
Council Member Smith stated that every member of the Council respects the homeless .
She would have liked to see the item continued until Council has heard more about th e
safe parking project so that when the Council addressed this ordinance again the y
would know what options are available .
Vice Mayor Carpenter stated that he was against this ordinance from the beginning, an d
is concerned that it doesn't address a solution to the real issues . He stated he is not i n
favor of proceeding forward at this meeting .
Council Member Ashbauqh stated that the Council should vote on this matter tonight .
He felt that changing to a parking citation rather than criminal infraction can cause mor e
problems for the homeless who can not pay the parking fines :
Mayor Marx stated that the ordinance was well crafted and honors the settlemen t
agreement . She felt this ordinance is only one piece of the puzzle and a portion of wha t
the City needs to put in place . She urged the council to approve the Ordinance an d
then move forward with a possible expansion of the Safe parking program .
Council Member Carter stated he did not think this matter should be continued tonight .
He stated that he did not hear members of council in favor of people camping on th e
streets . He agreed, we need to think of appropriate options, but he doesn't thin k
camping on the street is appropriate .
Motion by Council Member Smith / Vice Mayor Carpenter to continue until after Octobe r
2, 2012, when we have discussed the safe shelter pilot program review and hav e
considered other alternatives and options for those individuals who are affected by thi s
ordinance .
Roll Call Vote : 2-3 . Motion failed (Council Member Ashbaugh, Council Membe r
Carter and Mayor Marx opposed).
ACTION :Motionby Council Member Carter I Council Member Ashbaugh to :
introduce by title only an Ordinance No :1584 (2012 Series)to adopt amendments to
the Municipal Code, as follows : a) Add Chapter 10 .34 to prohibit overnight camping o n
public streets and City-owned parking lots . b) Amend Chapter 17 .16 .015 to apply onl y
to private property . c) Repeal Chapter 9 .18 as of January 1, 2013 (with amendedlanguage in §4).Roll Call Vote : 3-2. Motion Carried (Vice Mayor Carpenter an d
Council Member Smith opposed).
At 7 :00 pm the Council recessed and returned at 7 :10 pm with all Council Members i nattendance.
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City Council Meeting Minutes Page 6
September 18, 201 2
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STUDY SESSION ITE M
SS2 .PRELIMINARY REVIEW OF PROPOSED AMENDMENTS TO THE AIRPORT
AREA SPECIFIC PLAN AS PART OF THE CHEVRON TANK FAR M
PROPERTY PROJECT APPLICATION .(JOHNSON/DUNSMORE) Bill Henry ,
Environmental Coordinator .-
Community Development Director Johnson and Senior Planner Dunsmore presented th e
report and responded to Council questions .
Bill Almas, Project Manaqer, representinq Chevron made a presentation and responde d
to Council questions .
Public Comments on Study Session 2 :
Don Hedrick,San Luis Obispo, stated that this has been a very problematic area fo r
development .
Mila Vujovich- La Barre,San Luis Obispo stated that she was concerned regardin g
health, welfare of people visiting the area after remediation . Donation of contaminate d
open space is concerning . Now is the time to have a comprehensive EIR completed fo r
Prado Road .
---end of public comments---
Council Member Carter addressed Ms . Vujovich-LaBarre's comments .Bill Henry
responded to Ms . Vujovich-LaBarre's comments .
Council Member Ashbaugh stated that it is his .understanding that full excavation ma y
be considered less environmentally healthful .
Vice Mayor Carpenter stated that he is confident that the EIR will address many of th e
most important issues .
Mayor Marx indicated that this property is historical and a major part of the cities history .
It is her hope that any public art will tell a bit of the story of Tank Farm Road .
RECOMMENDATION :Receive a presentation on the Chevron project and amendment s
to the Airport Area Specific Plan (AASP) and provide feedback as appropriate .
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City Council Meeting Minutes Page 7
September 18, 201 2
•COUNCIL LIAISON REPORTS AND COMMUNICATION S
Council Member Smith distributed a list of her activities she participated in betwee n
August 14 — Sept 17 which included Downtown Association Board Meeting, Chambe r
Congressional Forum, Downtown Association State of the Downtown, LUCE Task Force ,Good Morning SLO, Chamber business visitation, Homeless Service Center meeting ,League of Cities Conference, Downtown Association Board Meeting, Chamber Diversit yCommittee, Public workshop on parking ordinance, TBID Advisory, Promotiona lCoordinating Committee, Planning Commission, Women's Legacy Luncheon, Chambe rLeadership Government Panel and Mill Street Trees Committee .
Council Member Carter reported he served on the program committee for League o fCalifornia Cities this year and would appreciate comments for next year . He was please d
to see the focus on women at the Leadership SLO .
Mayor Marx reported that Council Member Carter made a great presentation at League o f
California Cities Conference . Mayor Marx also reported her attendance at the followin goccasions: 9/11 commemorative event for middle school students at Laguna Lake ;
SLOCOG ; Women's Realtors Association luncheon and Women's Legacy Lunch ;
Employee recognition picnic ; and spoke at Cuesta College for Constitution day .
Council Member Ashbaugh reported on his inspiration from the League of Californi aCities conference . He met with the artist involved in the sculpture for Marsh at Higuer a
•Streets . He stated his appreciation of Council Member Carter's presentation an d
participation with League of Califomia Cities Conference . He also attended the League of
Women Voters meeting and heard a speech by Ken l-temiitnn rnnnrrl ng his experience i n
Bell, CA . He also attended meetings regar center an dCAPSLO.C1-7
City Attorney Dietrick stated that travel exp incil Members wh o
attended League of California Cities, as WE /cert.,a)City Attorney.
ity Manager and
There being no further business to come before the City Council,Mayor Marx adjourne d
the meeting at 9 :06 p .m .
Maeve Kennedy Grime sCity Clerk
APPROVED BY COUNCIL : X/X/12
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MINUTE S
SPECIAL MEETING OF THE CITY COUNCI L
CITY OF SAN LUIS OBISP O
TUESDAY, SEPTEMBER 25, 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 .
CLOSED SESSION REPOR T
ACTION :City Attorney Dietrick reported there was no public comment or reportabl e
action on the Closed Session matter held on September 24 th and September 25th . I t
was agreed to adjourn the Closed Session at 5 :35pm September 25th and continu e
discussions following the adjournment of the evening meeting .
CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957 .6
Agency Negotiators :. Rick Bolanos, Monica Irons, Katie Lichtig, Michae l
Codron, Christine Dietrick, Greg Zocher, Charle s
Bourbea u
Employee Organizations :San Luis Obispo Police Officers' Association (POA )
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PLEDGE OF ALLEGIANC E
The Pledge was led by Council Member Smith .
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City Council Meeting Minutes Page 2Tuesday, September 25, 201 2
•PUBLIC COMMEN T
Mayor Marx announced that Item C2 was previously noticed as having been remove dfrom the Consent Agenda due to a legal notice publication error and will appear on th eOctober 2, 2012 Agenda for consideration . Members of the public who were in th eaudience wishing to speak on this matter were encouraged to speak during the publi ccomment portion of the Agenda .
Jeff Eidelman,San Luis Obispo, spoke regarding noise issues . He appreciated th eassistance and support he has received from the Police Department in the last te nyears due to late night noise in his neighborhood .
Linda Grover,San Luis Obispo, would like the Council to revisit building heights in ou rcity./J c-IJohn ipposed Week of Welcome (WOW) and felt it should b edisconts are moving and transient students populate the city ;the C 3d about this shift in population .
Claus spo, grew up on Slack and Longview ; the neighborhoo dand tl : increased noise is overwhelming . WOW should b ediscontmueqT
Carolyn Smith,San Luis Obispo, spoke on behalf of Residents for Qualit yNeighborhoods. WOW has been hijacked by loud and drunken students . Statisticsfrom the police and emergency rooms should be reviewed so that a resolution can b ereached to break this cycle .
Sharon Whitney,San Luis Obispo, thanked the Council for trying solutions that shoul dhave worked to resolve noise issues . WOW culture has to be stopped . There shoul dbe more collaboration with Cal Poly to reform WOW and emphasize proper communit yvalues.-
Suzanne Lord,San Luis Obispo, stated the disturbances begin about 9 :00pm an dcontinue into the early morning . WOW should be reduced ; Cal Poly should provid eactivities on campus and provide additional security .
Steve Barasch,San Luis Obispo, stated his objection to the current City Fee Structure .Council Member Ashbaugh asked when the next review period will be held . CommunityDevelopment Director Johnson indicated building fees were reviewed late last year an dplanning fees will be on the Council Agenda in spring 2013 .
Council Member Carter requested that the Police and Fire agencies bring forwar dstatistics regarding WOW week .
---end of public comments---
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City Council Meeting Minutes Page 3
Tuesday, September 25, 201 2
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CONSENT AGEND A
No one spoke at this time .
---end of public comments---
ACTION :Motion by Council Member Carter /Council Member Ashbauqh to
approve the Consent Calendar Items Cl thru C3 noting the amendment to the minutes .
Item C2 was previously noticed as having been removed from the Consent Agenda du e
to a legal notice publication error and will appear on the October 2, 2012 Agenda fo r
consideration .
Roll Call Vote : 5-0 . Motion Carried .
Cl .MINUTES OF TUESDAY, SEPTEMBER 4, 2012 .(CODRON/KENNED Y
GRIMES )
RECOMMENDATION :Waive oral reading and approve as presented with the followin g
changes : on page C1-8, one sentence was removed from the next to the las t
paragraph which was duplicative in nature . On page C1-10 the first sentence wa s
reworded for clarity .
C3 .RESOLUTION SUPPORTING CONSTITUTIONAL AMENDMEN T
RESTRICTING CORPORATE SPENDING IN THE ELECTORAL PROCESS .
(CODRON/RICHARDSON )
RECOMMENDATION :Adopt Resolution No .10395 (2012)a resolution supporting a
Constitutional Amendment or legislative actions restricting corporate spending in th e
electoral process and ensuring that only human beings, not corporations, hav e
constitutionally protected rights of free speech .-
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PUBLIC HEARINGS ITEM S
PHI .APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A NIGH T
CLUB (SLO BREWING COMPANY) RELOCATION IN THE HISTORI C
DOWNTOWN COMMERCIAL (C-D-H) ZONE . (A 57-12).(JOHNSON/CARLONI )
Council Member Carpenter recused himself on this issue because he owns commercia l
property within the vicinity of the property at issue . He left the dais at 6 :30pm .
Mayor Marx asked members of the Council to disclose any ex parte communications i n
regard to the public hearing .
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City Council Meeting Minutes Page 4
Tuesday, September 25, 201 2
•Council Member Smith disclosed a meeting with project owner/developer, Hamis hMarshall and Carol Florence,Oasis Associates, informal discussions with Barbar aWolpurt, Jack Pearl, and Dennis Johanson, Jim's Campus Camera .
Mayor Marx disclosed a meeting with project owner/developer, Hamish Marshall an dCarol Florence,Oasis Associates .
Council Member Ashbaugh disclosed he had a meeting with Hamish Marshall and Caro l
Florence as well as a meeting with Ca ndra I nkama n
Council Member Carter disclosed ;di-//;hall and Carol
Florence,Oasis Associates .
4rud°YC.rCommunity Development Director -iner Carloni,presented th e
report and responded to Council q1 0 1'inswered additiona l
questions .
Appellant was represented by Elisabeth Abrahams and Sandra Lakeman, who rea dstatements prepared by Save Our Downtown Association . Elisabeth Abrahams read a
letter prepared by David Brodie . Sandra Lakeman read a letter prepared by Ala n
Cooper.
•Applicantwas represented by Carol Florence,Oasis Associates who presented her report
and responded to Council questions . Todd Newman spoke regarding the developmen t
process .
Mayor Marx opened the public hearing .
Joel Peterson,representing Austin Hope Winery and Hope Family Wines supporting the .development . The letter was read by Brian Goodly .
Susan Pyburn,San Luis Obispo objects to this development ,
Bill Hales,San Luis Obispo, owns the building and business next door to the ne w
business and supports the development .
Dan Melton,San Luis Obispo County resident and SLO Veg business owner ; supports
the development .
Joseph Abraham,San Luis Obispo, objects to this development on Higuera Street, th e
//e meaning of this business are a concern . Move it elsewher e
¢¢c~p .-g,i,Q 1 Luis Obispo, 25,000 residents/business were surveyed . The yvvvd more or less bars/nightclubs 59/54% want to see less . Thi sar patronage . She objects to the project .
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City Council Meeting Minutes Page 5Tuesday, September 25, 201 2
Rodney Ceqelski,marketing business owner . Proud of this development concept an dsupports the project .
Andrea Miller,San Luis Obispo, owner of Spikes, past president of Downtow nAssociation, Chair of Safe Nightlife Committee, supports the project .
Pepper Daniels,American General Media, supports the project .
Dave Hanninas,lives in a downtown adobe on Monterey . Downtown is a delicat ebalance; the scale of this project is too big . Locate it someone else .
Jennifer Wilkinson lives in San Luis Obispo County, supports the project .
Mike Kafka,resident of San Luis Obispo, customer of SLO Brew, supports the project .
Dominic Tartaqlia,President of Downtown Association, supports the project .
Monte Schaller,General Manager of SLO Brew, supports the project . He used to live i nthe project property and would like to see the property developed .
James M . Dhenow,San Luis Obispo, spoke in opposition to the development ; it's to o
CZ -Fispo resident, spoke in opposition to the development . Hi s~p s.s-s -;D't,and whether the project meets the letter of the law . H e)f future behavior is past behavior .~afiat,en,47''3mployee of SLO Brew ; supports the project .
spoke in support of the project . 11 :00pm — 1 :30am the Ca lrosy aemograpnic .
Aaron Gomez,family owns the retail shop next door, Gold Concept, and supports th eproject.
Jim Ruddel,lives in Morro Bay and owns a business in Cayucus . He supports th eproject.
Warren Flaschen,SLO Brew has been positive for the community ; he supports th edevelopment.
John Spears,San Luis Obispo County, General Manager of Garden Street Inn . H esupports the development .
Elizabeth Thyne,San Luis Obispo resident, opposes the project due to the queuing vi aMission Plaza and the creek bridges .
Tim Reed,San Luis Obispo resident, touring professional, talent buyer for SLO Brew ;supports the development .
Sara McEre,San Luis Obispo, this development should not be in this location ; lack o f
parking will affect the neighborhoods . Why does the development have to be so big ?
Ben Kulzek,San Luis Obispo, supports the development . Neighbors to the project
support it
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City Council Meeting Minutes Page 6
Tuesday, September 25, 201 2
Linda Groover,San Luis Obispo, does not support this project . Too great an impact o n
•Mission rr --'ire the categorical exceptions? We need an environmenta l
cZ-~3w _Os Obispo, If Save our Downtown had not paid for this appeal ,5L-f -'Obispo would not have heard about this project . The Graduate
(~~~O Brew does not .
s Obispo, owner of Creeky Tiki . Looks forward to the help t o:ek area . He supports the project .
rcooert Kinports,San Luis Obispo County, supports Hamish Marshall and supports th e
relocation of SLO Brew . This is an opportunity for special events .
Dixie Cliff,San Luis Obispo, I love living downtown, but have growing concern over th eincrease in bars, empty store fronts, and Mission Creek . Objects to the project .
Kirstin Sherritt,San Luis Obispo, business owner of The Secret Garden, neighbor t oSLO Brew, has a few concerns . Her business faces the creek . Concerned about th equeuing right in front of her business and she wasn't contacted . She thinks ther e
should be an EIR .
Nicholas Bilich,San Luis Obispo, feels SLO Brew has been undervalued ; SLO Brew i s
a great music venue and he supports the project .
Dan Curcio,local musician and has played at SLO Brew . He has worked security a t
.SLO Brew events . He supports the project .
Pierre Rademaker,speaking on behalf of the Downtown Association, in support of th eproject. Cited the "Rise of the Creative Class" by Richard Fish .
Don Hedrick,San Luis Obispo, asked questions regarding the differences betwee n
requirements for The Graduate and SLO Brew .
Michelle Tasseff,San Luis Obispo, Code Enforcement Officer in Santa Maria, you ca n
not turn the City into a museum .
Courtney Kienow,San Luis Obispo, representing the Chamber of Commerce ; wants t o
see a balance between the various components -
Brett Cross,San Luis Obispo resident, believes the ABC feels there is a over -
concentration of alcoholic licenses . Is this project approriate for the neighborhoods a tthis time? How will you deal with the conditions of use? Use of the Plaza is the wron g
space .
Carl Dudley,San Luis Obispo, vast majority of the students are respectful and spen d
money in our City . It would be nice to have another venue in the City . The Cree k
transient issue will be addressed by this project .
Mike White,owner of Boo Boo Records, supports the SLO Brew project . As the primaryticket agent for SLO Brew, it will help our business . The demographics of the ticke tbuyers is diverse .
City Council Meeting Minutes Page 7
Tuesday, September 25, 201 2
Derek Senn,San Luis Obispo, moonlights as a musician and is a patron of SLO Brew .
He supports the project .
Dan Ennis,Cayucus, enjoys coming to SLO Brew and supports the project .
Shay Ennis,Atascadero, as a new mom, SLO Brew is important for the development o f
her family .
Rob Rossi,San Luis Obispo, supports the SLO Brew project. If you live downtown, yo u
are prepared to enjoy the sounds of downtown . The Mission Creek need s
redevelopment . There are encampments under the buildings at the creek . I think th e
queuing in front on Higuera would be a plus, but do not object to use of the bridges .
Sandra Rowley,feels patrons of bars do not do retail shopping ; parts of downtown hav e
become dirty and smelly . A bar on every single floor is a business and a bar that will sel l
a lot of alcohol . Thinks there should be further study regarding the conditions of th e
project . Objects to 6 :00am alcohol service .
Ramina Anne Bacchus,San Luis Obispo, is glad to hear the positive support for SL O
Brew . I think this project should be mindful of the safety of the creek, parking, and th e
safety of the patrons . Postpone decision until the issues are resolved and Fish an d
Game have been consulted .
Kevin Rice,San Luis Obispo, supports the SLO Brew application . Understand some o f
the concerns ; Creek safety should be addressed . A vibrant downtown includes everyone .
---end of public comments---
Mayor Marx closed the public hearing . Mayor Marx informed the audience that due to
Council Member Carpenter's recusal on this matter, if the vote of the remaining fou r
members was tied, the appeal would in effect be denied and the project would g o
forward .
Council discussion ensued during which Council Members each stated their opinion s
and concerns regarding the project ,
Council Member Ashbauqh's comments included the issue of excess number of alcoho l
outlets in the downtown ; a need for improved lighting and enhancement of the the cree k
area ; queuing on the bridge ; the scale of the project and the three story staircase on th e
back of the building .
Council Member Carter spoke in support of the appeal, based on his concern s
regarding CEQA categorical exemptions ; absolving the project of environment review ;
the impact of another entertainment venue on the specific location ; the calculations fo r
the parking allowance ; and the need to study the impacts of the project .
Mayor Marx asked Staff to address the issue of the CEQA findings and environmenta l
analysis .Community Development Director Johnson and City Attorney Dietric k
responded to the Council .
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City Council Meeting Minutes Page 8
Tuesday, September 25, 201 2
•Council Member Smith asserted her concerns that an influx of outside influences ca n
change the dynamics of San Luis Obispo and affect our neighborhoods ; parking wil l
affect the neighborhood ; safety issues regarding queuing on the bridges in Missio n
Plaza ; and the desire of many members of the community to limit the number of bars i n
the downtown .
Mayor Marx stated she felt Council should deny the appeal, but put a lot mor econditions on the project and continue the matter so that staff can develop thos e
conditions and see if we can find our way to making a project that the entire communit y
can get behind . She agreed with other Council Members, that if the project were th esame size or capacity, the relocation would not have raised the same problems . Sh e
stated she has a problem with rooftop use . She concluded by stating that she did no t
think she could find categorical exemptions .
Mayor Marx read from her list of ideas for suggestions to be added conditions :
•Same capacity as Garden Stree t
•Get rid of rooftop us e
•Same conditions on SLO Brew that are in place for Creeky Tiki (especially th erelated to the effects on Mission Plaz a
•No 6 :00 am opening on special occasion s
•Alcohol service stopped one hour before the end of the sho w
••Containment of noise by sound abatemen t
•Tree replacemen t
•Shielding the creek with a railing ; make sure lighting does not affect the cree k
and the fish .
•Queuing on Higuera would be fine and not create the intensified liability and ris kon the bridges and the Plaza ; not create the kind of situation where people woul dreturn to the Plaza to congregate after closing .
•The project should be required to coordinate with the Events Coordinator fo r
Mission Plaza .•Indemnification on the bridge use if the queuing remains on the bridg e
•One year review to come back to City Council rather than the Plannin g
Commissio n
•The Creek is not in pristine condition at the moment because of crimina lbehavior; therefore, the lighting would be an improvement .
•We need to strictly hold them to the sound level s
•ARC can look at scale and CHC can look at historical use .
Council Member Ashbaugh liked the direction of Mayor Marx's conditions and asked t o
see if the date of November 20 th was possible for a vote on this matter . Assistant Cit yManager Codron said there was time on that Council Agenda . Mayor Marx asked i fCouncil had the authority to change the scope of the project . City Attorney Dietric kprovided a response .
•
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City Council Meeting Minutes Page 9
Tuesday, September 25, 201 2
Motion :Council Member Ashbauqh / Council Member Smith that Council deny th e
appeal, the project be approved, and direct that staff come back with amende d
conditions, including the following :
•Capacity for the auditorium of no greater than 55 0
•Elimination of the rooftop pati o
•Explore possible removal of the exterior rear stairs and incorporating them int o
the interior of the buildin g
•Queuing for the concert events, both ingress and egress, from Higuera Stree t
(except during Thursday night Farmers Market )
•Operational issues of amplified music, tree replacement, operational hours an d
other elements can be addressed in the recommendation s
City Attorney Dietrick spoke to Council regarding categorical exemptions for existin g
buildings .Council Member Carter asked for clarification regarding Council's capacity t o
determine the use of the building and the numbers of patrons allowed on th e
premises .City Attorney Dietrick responded .
Mayor Marx commented that she felt three Council Members had stated that if th e
project was the same scale as the current SLO Brew, it would be approved . Further ,
she felt that Council needed more input from staff .Council Member Carter stated tha t
concentrated use at Garden Street is currently 741 ; he could go as far as 900 on th e
project, but the project was currently at 1026 .Council Member Smith wanted to mak e
sure the motion included removal of the special 6 :00 am event permits with alcoho l
service time and that there be no alcohol at the 7 :00 am alcohol service .Mayor Marx
wanted to make sure the motion included the same hours and conditional use s
regarding amplified music and contact with Mission Plaza coordinator as Creeky TiKi .
Amended Motion : Council Member Ashbauqh amended his motion to continue the ite m
and direct staff to return with a list of conditions as listed and discussed by Council .
After a discussion regarding reduction in occupancy numbers,Council Member Smit h
withdrew her second .
The Motion failed for lack of a second .
ACTION : Council Member Carter /Council Member Smith motion to continue th e
item and direct staff to work with applicant and come back with a proposal for reduce d
capacity in consideration of the conditions discussed, such as queuing, hours o f
operation, first floor operations, and elimination of rooftop use, along with othe r
conditions discussed by Council during deliberation .
Roll Call Vote : 4-1-0 . Motion Carried (Vice Mayor Carpenter recused )
Council Member Ashbaugh stated for the record that he was voting in favor of th e
motion, but not necessarily to hold this business to the same capacity that it has righ t
now. Negotiations need to take place and he is withholding judgment on the final set o f
conditions and capacity .
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City Council Meeting Minutes Page 1 0
Tuesday, September 25, 201 2
COUNCIL LIAISON REPORTS AND COMMUNICATION S
This item was continued to the next Regular Meeting set for October 2, 2012 .
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There being no further business to come before the City Council,Mayor Marx adjourne d
the meeting at 11 :13 p .m . and returned to Closed Session at 11 :25 pm .
CLOSED SESSION REPOR T
ACTION : City Attorney Dietrick reported there was no reportable action on the Close d
Session Topic . The session ended at 11 :40 pm .
Maeve Kennedy Grime s
City Cler k
APPROVED BY COUNCIL : X/X/12
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