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HomeMy WebLinkAbout09/25/2012City Council Meeting Minutes Page 2 Tuesday, September 25, 2012 October 2, 2012 Agenda for consideration. Members of the public who were in the audience wishing to speak on this matter were encouraged to speak during the public comment portion of the Agenda. Jeff Eidelman, San Luis Obispo, spoke regarding noise issues. He appreciated the assistance and support he has received from the Police Department in the last ten years due to late night noise in his neighborhood. Linda Groover, San Luis Obispo, would like the Council to revisit building heights in our city. John Sherry, San Luis Obispo, opposed Week.of Welcome (WOW) and felt it should be discontinued. Permanent residents are moving and transient students populate the city; the City Council should be worried about this shift in population. Claudia Anderson, San Luis Obispo, grew up on Slack and Longview; the neighborhood and the City have changed. The increased noise is overwhelming. WOW should be discontinued. Carolyn Smith, San Luis Obispo, spoke on behalf of Residents for Quality Neighborhoods. WOW has been hijacked by loud and drunken students. Statistics from the police and emergency rooms should be reviewed so that a resolution can be reached to break this cycle. Sharon Whitney, San Luis Obispo, thanked the Council for trying solutions that should have worked to resolve noise issues. WOW culture has to be stopped. There should be more collaboration with Cal Poly to reform WOW and emphasize proper community values. Suzanne Lord, San Luis Obispo, stated the disturbances begin about 9:00pm and continue into the early morning. WOW should be reduced; Cal Poly should provide activities 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. Community Development Director Johnson indicated building fees were reviewed late last year and planning fees will be on the Council Agenda in spring 2013. Council Member Carter requested that the Police and Fire agencies bring forward statistics regarding WOW week. - - -end of public comments— CONSENT AGENDA City Council Meeting Minutes Page 3 Tuesday, September 25, 2012 No one spoke at this time. ---end of public comments— ACTION: Motion by Council Member Carter / Council Member Ashbaugh to approve the Consent Calendar Items C1 thru C3 noting the amendment to the minutes. Item C2 was previously noticed as having been removed from the Consent Agenda due to a legal notice publication error and will appear on the October 2, 2012 Agenda for consideration. Roll Call Vote: 5 -0. Motion Carried. C1. MINUTES OF TUESDAY, SEPTEMBER 4.2012. (CODRON /KENNEDY GRIMES) RECOMMENDATION: Waive oral reading and approve as presented with the following changes: on page C1 -8, one sentence was removed from the next to the last paragraph which was duplicative in nature. On page C1 -10 the first sentence was reworded for clarity. C3. RESOLUTION SUPPORTING CONSTITUTIONAL RESTRICTING CORPORATE SPENDING IN THE ELEC' (CODRON /RICHARDSON) RECOMMENDATION: Adopt Resolution No. 10395 (2012) a resolution supporting a Constitutional Amendment or legislative actions restricting corporate spending in the electoral process and ensuring that only human beings, not corporations, have constitutionally protected rights of free speech. PHI. PUBLIC HEARINGS ITEMS THE P NIGHT CLUB (SLO BREWING COMPANY) RELOCATION IN THE . HISTORIC DOWNTOWN COMMERCIAL (C -D -H) ZONE. (A 57 -12). (JOHNSON /CARLONI) Council Member Carpenter recused himself on this issue because he owns commercial 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 in regard to the public hearing. J City Council Meeting Minutes Tuesday, September 25, 2012 Page 4 Council Member Smith disclosed a meeting with project owner /developer, Hamish Marshall and Carol Florence,Oasis Associates, informal discussions with Barbara Wolpurt, Jack Pearl, and Dennis Johanson, Jim's Campus Camera. Mayor Marx disclosed a meeting with project owner /developer, Hamish Marshall and Carol Florence,Oasis Associates. Council Member Ashbauqh disclosed he had a meeting with Hamish Marshall and Carol Florence as well as a meeting with members of Save Our Downtown. Council Member Carter disclosed a meeting with Hamish Marshall and Carol Florence,Oasis Associates. Community Development Director Johnson, and Assistant Planner Carloni, presented the report and responded to Council questions. Capt. Staley PD answered additional questions. Appellant was represented by Elisabeth Abrahams and Sandra Lakeman, who read statements prepared by Save Our Downtown Association. Elisabeth Abrahams read a letter prepared by David Brodie. Sandra Lakeman read a letter prepared by Alan Cooper. Applicant was represented by Carol Florence,Oasis Associates who presented her report and responded to Council questions. Todd Newman spoke regarding the development 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 new business and supports the development. Dan Melton, San Luis Obispo County resident and SLO Veg business owner; supports the development. Joseph Abrahams, San Luis Obispo, objects to this development on Higuera Street, the size of the crowds and the meaning of this business are a concern. Move it elsewhere else and prosper. . Elisabeth Abrahams, San Luis Obispo, 25,000 residents /business were surveyed. They were asked if they wanted more or less bars /nightclubs 59/54% want to see less. This project would increase bar patronage. She objects to the project. Rodney Cegelski, marketing business owner. Proud of this development concept and supports the project. City Council Meeting Minutes Tuesday, September 25, 2012 Page 5 Andrea Miller, San Luis Obispo, owner of Spikes, past president of Downtown Association, Chair of Safe Nightlife Committee, supports the project. Pepper Daniels, American General Media, supports the project. Dave Hannings, lives in a downtown adobe on Monterey. Downtown is a delicate balance; 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 Tartaglia, President of Downtown Association, supports the project. Monte Schaller, General Manager of SLO Brew, supports the project. He used to live in the project property and would like to see the property developed. James M. Duenow, San Luis Obispo, spoke in opposition to the development; it's too big for downtown. Russ Brown, San Luis Obispo resident, spoke in opposition to the development. His concerns included parking, and whether the project meets the letter of the law. He stated the best predictor of future behavior is past behavior. John Nguyen, eight year employee of SLO Brew; supports the project. Todd Newman, Cayucos, spoke in support of the project. 11:00pm — 1:30am the Cal Poly demographic. Aaron Gomez, family owns the retail shop next door, Gold Concept, and supports the project. Jim Ruddel, lives in Morro Bay and owns a business in Cayucus. He supports the project. Warren Flaschen, SLO Brew has been positive for the community; he supports the development. John Spears, San Luis Obispo County, General Manager of Garden Street Inn. He supports the development. Elizabeth Thyne, San Luis Obispo resident, opposes the project due to the queuing via Mission 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 of 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 Linda Groover, San Luis Obispo, does not support this project. Too great an impact on Mission Creek. What are the categorical exceptions? We need an environmental impact report. City Council Meeting Minutes Page 6 Tuesday, September 25, 2012 Sandra Lakeman, San Luis Obispo, If Save our Downtown had not paid for this appeal, the citizens of San Luis Obispo would not have heard about this project. The Graduate requires parking, but SLO Brew does not. Brett Butterfield, San Luis Obispo, owner of Creeky Tiki. Looks forward to the help to clean up and light the creek area. He supports the project. Robert Kinports, San Luis Obispo County, supports Hamish Marshall and supports the 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 the increase in bars, empty store fronts, and Mission Creek. Objects to the project. Kirstin Sherritt, San Luis Obispo, business owner of The Secret Garden, neighbor to SLO Brew, has a few concerns. Her business faces the creek. Concerned about the queuing right in front of her business and she wasn't contacted. She thinks there should be an EIR. Nicholas Bilich, San Luis Obispo, feels SLO Brew has been undervalued; SLO Brew is a great music venue and he supports the project. Dan Curcio, local musician and has played at SLO Brew. He has worked security at SLO Brew events. He supports the project. Pierre Rademaker, speaking on behalf of the Downtown Association, in support of the project. Cited the "Rise of the Creative Class" by Richard Fish. Don Hedrick, San Luis Obispo, asked questions regarding the differences between requirements for The Graduate and SLO Brew. Michelle Tasseff, San Luis Obispo, Code Enforcement Officer in Santa Maria, you can not turn the City into a museum. Courtney Kienow, San Luis Obispo, representing the Chamber of Commerce; wants to 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 at this time? How will you deal with the conditions of use? Use of the Plaza is the wrong space. Carl Dudley, San Luis Obispo, vast majority of the students are respectful and spend money in our City. It would be nice to have another venue in the City. The Creek transient issue will be addressed by this project. Mike White, owner of Boo Boo Records, supports the SLO Brew project. As the primary ticket agent for SLO Brew, it will help our business. The demographics of the ticket buyers is diverse. 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. City Council Meeting Minutes Tuesday, September 25, 2012 Page 7 Shay Ennis, Atascadero, as a new mom, .SLO Brew is important for the development of her family. Rob Rossi, San Luis Obispo, supports the SLO Brew project. If you live downtown, you are prepared to enjoy the sounds of downtown. The Mission Creek needs redevelopment. There are encampments under the buildings at the creek. I think the 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 have become dirty and smelly. A bar on every single floor is a business and a bar that will sell a lot of alcohol. Thinks there should be further study regarding the conditions of the project. Objects to 6:OOam alcohol service. Ramina Anne Bacchus, San Luis Obispo, is glad to hear the positive support for SLO Brew.. I think this project should be mindful of the safety of the creek, parking, and the safety of the patrons. Postpone decision until the issues are resolved and Fish and Game have been consulted. Kevin Rice, San Luis Obispo, supports the SLO Brew application. Understand some of 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 four members was tied, the appeal would in effect be denied and the project would go forward. Council discussion ensued during which Council Members each stated their opinions and concerns regarding the project, Council Member Ashbaugh's comments included the issue of excess number of alcohol outlets in the downtown; a need for improved lighting and enhancement of the the creek area; queuing on the bridge; the scale of the project and the three story staircase on the back of the building. Council Member Carter spoke in support of the appeal, based on his concerns regarding CEQA categorical exemptions; absolving the project of environment review; the impact of another entertainment venue on the specific location; the calculations for 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 environmental analysis. Community Development Director Johnson and City Attorney Dietrick responded to the Council. Council Member Smith asserted her concerns that an influx of outside influences can change the dynamics of San Luis Obispo and affect our neighborhoods; parking will affect the neighborhood; safety issues regarding queuing on the bridges in Mission City Council Meeting Minutes Tuesday, September 25, 2012 Page 8 Plaza; and the desire of many members of the community to limit the number of bars in the downtown. Mayor Marx stated she felt Council should deny the appeal, but put a lot more conditions on the project and continue the matter so that staff can develop those conditions and see if we can find our way to making a project that the entire community can get behind. She agreed with other Council Members, that if the project were the same size or capacity, the relocation would not have raised the same problems. She stated she has a problem with rooftop use. She concluded by stating that she did not think she could find categorical exemptions. Mayor Marx read from her list of ideas for suggestions to be added conditions: • Same capacity as Garden Street • Get rid of rooftop use • Same conditions on SLO Brew that are in place for Creeky Tiki (especially the related to the effects on Mission Plaza • No 6:00 am opening on special occasions • Alcohol service stopped one hour before the end of the show • Containment of noise by sound abatement • Tree replacement • Shielding the creek with a railing; make sure lighting does not affect the creek and the fish. • Queuing on Higuera would be fine and not create the intensified liability and risk on the bridges and the Plaza; not create the kind of situation where people would return to the Plaza to congregate after closing. • The project should be required to coordinate with the Events Coordinator for Mission Plaza. • Indemnification on the bridge use if the queuing remains on the bridge • One year review to come back to City Council rather than the Planning Commission • The Creek is not in pristine condition at the moment because of criminal behavior; therefore, the lighting would be an improvement. • We need to strictly hold them to the sound levels • 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 to see if the date of November 20th was possible for a vote on this matter. Assistant City Manager Codron said there was time on that Council Agenda. Mayor Marx asked if Council had the authority to change the scope of the project. City Attorney Dietrick provided a response. Motion: Council Member Ashbaugh / Council Member Smith that Council deny the appeal, the project be approved, and direct that staff come back with amended conditions, including the following: • Capacity for the auditorium of no greater than 550 City Council Meeting Minutes Tuesday, September 25, 2012 Page 9 • Elimination of the rooftop patio • Explore possible removal of the exterior rear stairs and incorporating them into the interior of the building Queuing for the concert events, both ingress and egress, from Higuera Street (except during Thursday night Farmers Market) • Operational issues of amplified music, tree replacement, operational hours and other elements can be addressed in the recommendations City Attorney Dietrick spoke to Council regarding categorical exemptions for existing buildings. Council Member Carter asked for clarification regarding Council's capacity to determine the use of the building and the numbers of patrons allowed on the premises. City Attorney Dietrick responded. Mayor Marx commented that she felt three Council Members had stated that if the 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 that concentrated use at Garden Street is currently 741; he could go as far as 900 on the project, but the project was currently at 1026. Council Member Smith wanted to make sure the motion included removal of the special 6 :00 am event permits with alcohol 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 uses regarding amplified music and contact with Mission Plaza coordinator as Creeky TiKi. Amended Motion: Council Member Ashbaugh amended his motion to continue the item 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 Smith withdrew her second. The Motion failed for lack of a second. ACTION: Council Member Carter / Council Member Smith motion to continue the item and direct staff to work with applicant and come back with a proposal for reduced capacity in consideration of the conditions discussed, such as queuing, hours of operation, first floor operations, and elimination of rooftop use, along with other 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 the motion, but not necessarily to hold this business to the same capacity that it has right now. Negotiations need to take place and. he is withholding judgment on the final set of conditions and capacity. L City Council Meeting Minutes. Page 10 Tuesday, September 25, 2012 COUNCIL LIAISON REPORTS AND COMMUNICATIONS This item was continued to the next Regular Meeting set for October 2, 2012. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 11:13 p.m. and returned to Closed Session at 11:25 pm. CLOSED SESSION REPORT ACTION: City Attorney Dietrick reported there was no reportable action on the Closed Session Topic. The session ended at 11:40 pm. Ma a Ke66dy Gn s City Clerk APPROVED BY COUNCIL: 10/16/12 J