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HomeMy WebLinkAbout10-20-2015 Item 06 - Minutes of September 15 and October 6, 2015 City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo Tuesday, September 15, 2015 Regular and Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, September 15, 2015 at 4:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. *Council Member Rivoire arrived at 4:07 pm Council Members Absent: None City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Michael Codron, Assistant City Manager; and Anthony Mejia, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PRESENTATIONS 1. PRESENTATION BY LINDA DALTON, VICE PROVOST FOR INSTITUTIONAL PLANNING, REGARDING THE CAL POLY MASTER PLAN UPDATE Linda Dalton, Interim University Planning Officer, narrated a PowerPoint presentation entitled “Cal Poly Master Plan” reviewing the Master Plan status, added that the next phase for the Master Plan update will include land use coordination and public outreach between September-October 2015; responded to Council inquiries. BUSINESS ITEMS 2. GUIDING PRINCIPLES FOR THE CAL POLY MASTER PLAN UPDATE PROCESS Community Development Director Codron and Community Development Deputy Director Murry narrated a PowerPoint presentation entitled “Cal Poly Master Plan – Guiding Principles” and responded to Council inquiries. 6.a Packet Pg. 8 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of September 15, 2015 Page 2 Sandra Rowley, Residents for Quality Neighborhoods (RQN), requested that Council continue consideration of the Guiding Principles for the Cal Poly Master Plan Update for 30 days for public review. Paul Rys, San Luis Obispo, recommended that the City require Cal Poly to not increase student enrollment until more housing is provided on campus; asserted that as enrollment increases, natives looking for a permanent residence are displaced into other nearby cities. MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-1 (VICE MAYOR ASHBAUGH VOTING NO), to endorse the Guiding Principles for the City’s participation in the Cal Poly Master Plan Update process, with the following revisions: a. Housing - The Master Plan should continue to push to house all Freshmen and Sophomores undergraduate students on campus in addition to 50% of upper class students. In the interim, future increase in enrollment should be linked to prior provision of on-campus housing. Programs should be included to encourage housing for faculty and staff within existing neighborhoods (not on campus) to both stabilize neighborhoods close to campus and encourage residents to rely on active transportation and transit to get to and from campus. b. Multi-Modal Transportation - The Master Plan should support City goals for modal- split, encourage walking, cycling, and the use of transit by students and employees, and discourage single-occupant vehicle trips from the University into the City. Programs should support continued contribution to City transit; provision of an internal campus shuttle system; improved hub for a transit center; and restriction of parking passes for residents living within ½ 1 mile of campus. Vice Mayor Ashbaugh noted that he voted no, stating that credibility is required when a policy is adopted and noted that this action weakens Council’s position as it relates to undergraduate students being housed on campus. City Manager Lichtig and City Attorney Dietrick expressed gratitude for Community Development Deputy Director Murry’s years of service and wished her well in her retirement. RECESS Council recessed at 5:06 p.m. 6.a Packet Pg. 9 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of September 15, 2015 Page 3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, September 15, 2015 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Michael Codron, Assistant City Manager; and Anthony Mejia, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Carpenter led the Pledge of Allegiance. APPOINTMENTS 3. APPOINTMENTS TO THE MASS TRANSPORTATION COMMITTEE AND CULTURAL HERITAGE COMMITTEE City Clerk Mejia reviewed the contents of the Council Agenda Report. MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to: 1. Confirm the appointment of Heidi Harmon to the Mass Transportation Committee (alternate representative) to complete and unexpired term through March 31, 2018. 2. Confirm the appointment of Shannon Larrabee to the Cultural Heritage Committee to complete an unexpired term through March 31, 2018. 3. Confirm the appointment of Leah Walthert to the Cultural Heritage Committee to complete and unexpired term through March 31, 2017. PRESENTATIONS 4. PROCLAMATION - OPERA SAN LUIS OBISPO 30TH ANNIVERSARY Mayor Marx presented a Proclamation to Brian Asher Alhadeff, representing Opera SLO, recognizing Opera San Luis Obispo's 30th Anniversary. 6.a Packet Pg. 10 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of September 15, 2015 Page 4 PUBLIC COMMENT Wedad Nelson, Alta Vista Park Condominium, stated that pigeons have gathered around her condominium due to the installation of a chicken coup, at a neighboring property; explained that the chicken coup is nuisance because of the smell and untidiness; requested that the City address the nuisance on behalf of the condominium owners. David Brodie, San Luis Obispo, spoke on his experience visiting the downtown and expressed an interest to the cafes of the past. Donald Hedrick, San Luis Obispo, voiced opposition to considering the Cal Poly Master Plan which was presented during the special meeting at 4:00 p.m.; opined that Cal Poly should have alcohol entertainment outlets on campus to avoid students from coming to the downtown for entertainment. Peter Williamson, San Luis Obispo Council of Governments (SLOCOG), spoke on rideshare activities and programs in the County; stated that Rideshare week activities will be held between October 5-9, 2015, and added that the theme for this year’s activities will be “Let’s Get Visible.” Terry Mohan, San Luis Obispo, voiced concern that no progress has been made to remediate the uncompleted construction conditions at 1179 San Carlos Drive; requested that the Council call for the resignation of the City Manager and/or City Attorney if they do not take actions to correct the conditions at 1179 San Carlos Drive. In response to public comment, City Attorney Dietrick spoke on the new court date regarding the residential development project located at 1179 San Carlos Drive, noting the date to be October 28, 2015; stated that the court will review the compliance schedule which was a stipulation to continue the hearing date; asserted that a detailed compliance plan has been submitted, noting that an inspection and sign off has taken place. Susan Warren, Atascadero, announced that September is National Recovery Month to increase awareness of behavioral health conditions; read a proclamation urging that the community focus on behavioral health services for early intervention, treatment and recovery support. Paul Rys, San Luis Obispo, urged residents to adopt trees in their neighborhood and explained that the Utilities Department will give credit to the residents who care for street trees; opined that San Luis Obispo has been a Tree City for over 30 years. City Manager Lichtig acknowledged Finance and Information Technology Director Padilla for his service to the City; noted that Assistant City Manager Johnson and Community Development Director Codron have taken on new roles in the organization and thanked them for taking on their new responsibilities. CONSENT AGENDA Donald Hedrick, San Luis Obispo, voiced support for the adoption of a resolution pledging to support best practices of civility and civil discourse; stated that Council should refrain from interrupting residents during public comment; stated that government representatives need to have more integrity. 6.a Packet Pg. 11 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of September 15, 2015 Page 5 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to approve Consent Calendar Items 5 thru 15. 5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 6. MINUTES OF THE CITY COUNCIL MEETING OF AUGUST 18, 2015 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to approve the Minutes of the City Council meeting of August 18, 2015. 7. AUTHORIZE HABITAT CONSERVATION FUND GRANT APPLICATION FOR OPEN SPACE ACQUISITION MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to: 1. Authorize the Natural Resources Manager to prepare and submit a grant application to the California Department of Parks and Recreation’s Habitat Conservation Fund Program. 2. Adopt Resolution No. 10665 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the application for grant funds from the Habitat Conservation Fund (HCF) Program.” 3. Authorize the City Manager or designee to execute any other required grant application-related documentation. 8. REVIEW FINAL 2013-15 MAJOR CITY GOAL UPDATE MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to accept the final update on the 2013-15 Major City Goals. 9. RESOLUTION OF INTENT TO GRANT SAN LUIS GARBAGE COMPANY A FRANCHISE FOR FOOD AND GREEN WASTE SERVICES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10666 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, declaring the City’s intent to grant an Exclusive Franchise to San Luis Garbage Company for food and green waste services and setting a Public Hearing for October 6, 2015.” 6.a Packet Pg. 12 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of September 15, 2015 Page 6 10. TRANSPORTATION MONITORING 2016 – SPECIFICATION NO. 91420 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to: 1. Approve the Special Provisions for the “Transportation Monitoring 2016, Specification No. 91420”. 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is less than $60,000. 11. SEWERLINE REPLACEMENT – MARSH/HIGUERA/CALIFORNIA SPECIFICATION NO. 91186, PROJECT AWARD MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to: 1. Award a contract to D-KAL Engineering, Inc. in the amount of $903,097 for the construction of the Sewerline Replacement – Marsh/Higuera/California project, Specification No. 91186. 2. Approve the transfer of $39,397 from the Sewer Fund’s Completed Projects Account into the project’s Construction Account. 12. ADVISORY BODY BYLAWS AND HANDBOOK UPDATE MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10667 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, amending the bylaws of certain advisory bodies and adopting a revised Advisory Body Handbook.” 13. ORDINANCE NO. 1622 (SECOND READING) – ADDING CHAPTER 9.09 OF THE MUNICIPAL CODE PROHIBITING THE POSSESSION, DISPLAY AND SALE OF SYNTHETIC DRUGS MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to adopt Ordinance No. 1622 (2015 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, adding Chapter 9.09 to the San Luis Obispo Municipal Code prohibiting the possession, display and sale of synthetic drugs.” 14. ORDINANCE NO. 1623 (SECOND READING) - AMENDMENT TO MUNICIPAL CODE CHAPTER 2.04 TO MODIFY REGULAR MEETING TIMES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to adopt Ordinance No. 1623 (2015 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending the San Luis Obispo Municipal Code Chapter 2.04 (Council Meeting) to modify Regular Meeting times.” 6.a Packet Pg. 13 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of September 15, 2015 Page 7 15. RESOLUTION PLEDGING TO FOLLOW BEST PRACTICES OF CIVILITY AND CIVIL DISCOURSE MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10668 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, pledging to follow best practices of civility and civil discourse in all of its meetings.” PUBLIC HEARING 16. APPEALS OF THE PLANNING COMMISSION’S DECISION TO APPROVE A BOWLING ALLEY, NIGHTCLUB, AND RESTAURANT WITH LATE HOUR ALCOHOL SERVICES WITHIN THE HISTORIC DOWNTOWN COMMERCIAL ZONE (1144 CHORRO STREET, USE-1127-2015) Council Member Carpenter announced that he is recusing himself because he owns commercial property within 500’ of the subject property; left the Chamber at 6:36 p.m. Council Members Christian and Rivoire, Vice Mayor Ashbaugh and Mayor Marx disclosed their individual ex-parte communications regarding this appeal. Community Development Director Codron and Assistant Planner Bell narrated a PowerPoint presentation entitled “1144 Chorro Street USE-1127-2015” and responded to Council inquiries. There was a consensus among Council to allow the applicant and appellant each 10 minutes of presentation and rebuttal total time. In response to Council inquiry, Assistant Planner Bell indicated that there has been no limitation on musical events, noting that limitations are based on the noise ordinance; stated that first review of noise impacts were based on a different configuration of the project floor plan; added that the floor plan was re-evaluated to increase the occupancy limit to 1,118. Mayor Marx opened the public hearing. James Lopes, Appellant, Save Our Downtown, urged Council to deny the project and provide direction to the owner as to what is considered acceptable permitting for the downtown; opined that the proposed project will be the largest drinking venue in the downtown; expressed concerns that both staff and the Planning Commission made errors; stated that actions taken tonight will harm those in the vicinity and those visiting the area; noted that decisions made will not be consistent with the General Plan policy, noise policies, and alcohol outlet amendment. Jeremy Pemberton, representing Discovery San Luis Obispo, Morro Bay, narrated a PowerPoint presentation entitled “Discovery San Luis Obispo”; noted that Ventura Visitors Bureau project is intended to promote tourism; pointed out that the Community Development Director of Ventura presented a letter of support indicating that no complaints have been filed for two years; asserted that multiple forms of entertainment will be delivered and the proposed project it is not intended to be a bar; explained that the bowling alley is intended to be a family friendly business, adding that the facility will offer a kids party package; expressed that his intentions were to not appeal the hours of operations condition; opined that there are no high quality food services is available after midnight. 6.a Packet Pg. 14 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of September 15, 2015 Page 8 Sandra Lakeman, San Luis Obispo, urged Council to deny the proposed project; questioned whether the City wanted to support a large scale party facility; stated that the downtown has a high concentration of alcohol outlets and high alcohol crime rate. Madeline Mooree, affiliate of Discovery, Los Osos, stated that one liquor license is required for the entire facility; added that the owners will be held responsible and will have the appropriate control if a situation were to occur. David Brodie, San Luis Obispo, voiced opposition to the proposed project; stated that parking was not accommodated in the project proposal; suggested that a question be placed on the ballot as to whether downtown should be a primarily downtown entertainment area. Whitney Szentesi, San Luis Obispo, encouraged Council to support staff’s recommendation and approve the project; expressed excitement about new opportunities for entertainment in the downtown, particularly the bowling alley and concert venue. Ryan Foster, San Luis Obispo, spoke in favor of the proposed project; noted that he lives and works in the downtown area; stated that Cal Poly is a dry campus, and therefore, alcohol is not permitted at the bowling alley. Elizabeth Thyne, San Luis Obispo, encouraged Council to take into consideration about the direction of the City; stated that the City is encouraging people to live downtown, but is also permitting more alcohol serving venues which contributes to noise and bad behavior Dave Hannings, San Luis Obispo, asserted that downtown will become a party space for students; opined that many downtown projects include residential components which are incompatible with recreational spaces serving alcohol. Scott Andrews, San Luis Obispo, voiced support for the proposed project and for allowing a live music venue to be located in the downtown; opined that the City needs more nightclubs in the downtown similar to piano bars and jazz venues. Greg Finch, Morro Bay, spoke on his desire to see a live music venue in the downtown which offers a variety of entertainment for the public and his family. Josh Christensen, Sidecar, spoke about being a business owner in the downtown and expressed frustration that his business is in the process of expanding and regulations have changed during this process; questioned why policies would change in the middle of an expansion. Ron Meier, Restaurant and Bar Owner, voiced concerns regarding the change of use in the downtown; opined that a public hearing should have been required when a use change was requested, pointing out that there are too many alcohol outlets in the downtown. Bill Hales, Bar Owner, urged Council to postpone the project to allow for more discussion; spoke about his desire to see the project scaled back; opined that the project is being rushed. 6.a Packet Pg. 15 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of September 15, 2015 Page 9 Dixie Cliff, San Luis Obispo, requested that the Council refer the project back to the Planning Commission for reconsideration; recommended denying live entertainment at the venue; stated that the project will contribute to the need for more police officers and sanitation workers. Odiel Ayral, San Luis Obispo, spoke about her desire for the project to be denied or scaled back; opined that the Alcohol Beverage Control (ABC) has determined that the downtown has an over concentration of businesses that serve alcohol; stated that other businesses are being forced out of the downtown due to increasing rents because of bars and restaurants. Michelle Tasseff, San Luis Obispo, opined that Save Our Downton (SOD) did not attend the Planning Commission meeting and did not provide input; asserted that the homeless contributes to the perception of drinking, drug use, and unsafe conditions Rob Rossi, San Luis Obispo, spoke in support of the proposed project; opined that the venue is similar to a bowling alley; stated that the downtown experience includes higher noise levels and that people are aware of the noise when they move to the downtown. Michael Kyle, Granada Hotel Owner, San Luis Obispo, voiced support of the proposed project; spoke about his desire to ensure that the venue will be a family and friendly environment and is not intended to be a nightclub. RECESS Council recessed at 8:09 p.m. and reconvened at 8:20 p.m., with all Council Members present, except Council Member Carpenter. Roy Ogd en, San Luis Obispo, voiced concerns that the scale of the project has not been thoroughly evaluated; opined that the business focus on bowling and less as a bar would be more suitable for the area. Greg Wynn, San Luis Obispo, voiced support for the proposed project; suggested that the 2 a.m. closure be permitted with an annual review; opined that the project was legally noticed for each of the advisory bodies. Steve Delmartini, San Luis Obispo, questioned the Save Our Downtown (SOD) reasons for the appeal; stated that impacts on parking garages is a benefit to the City, pointing out that the City desires for them to be used; opined that event venues are needed in the City. Donald Hedrick, San Luis Obispo, requested that the City modify its parking enforcement operating hours to include enforcement at night and weekends; questioned if the developers will install state of the art noise reduction materials for the facility. Todd Brown, representing SLO Brewing Company, San Luis Obispo, spoke in support of the proposed project; voiced concerns regarding the size of the project, increase of liquor licenses in the downtown, and morphing of restaurants and bars into nightclubs; suggested that the size be reduced to single story with offices in the basement and no additional bars at the facility. 6.a Packet Pg. 16 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of September 15, 2015 Page 10 Sandra Rowley, Resident Quality Neighbors (RQN), San Luis Obispo, voiced support for the proposed project; stated that the proposed layout is designed for alcohol outlets; opined that approval of the proposed establishment is counterproductive to correcting alcohol behaviors of students. Paul Allen, San Luis Obispo, encouraged Council to approve Save Our Downtown’s (SOD) appeal and refer the project to the Planning Commission; opined that the proposed project does not fit the character of the community; spoke about his desire for the downtown to have a focus on small businesses. Chuck Braff, San Luis Obispo, spoke about his desire to see that all bars in the downtown close at 2 a.m. and opined that other businesses alike, should have the same closing time. Camille Small, San Luis Obispo, voiced that Council has an obligation to protect the residents of the City; opined that the overwhelming attendees of the concert venue will be students; pointed out that the facility might be more appropriate at the current location of The Graduate. Barbara Lees, San Luis Obispo, spoke on her desire to change the image of the downtown as it relates to partying; opined that the proposed project is out of character with the community, noting that the project does not enhance the visitors’ image of the City. Lauren Christensen, Sidecar Owner, spoke on her experience with the Community Development Department to expand her bar, noting that the process took 11 months; opined that the City is not applying processes and regulations consistently; opined that the project should be examined for a longer period due to its scale. William Riggs, San Luis Obispo, requested that Council deny the appeal; opined that the facility would be appealing to multi-generations of residents; noted that the building has been vacant for a long period of time. Dawn Legg, San Luis Obispo, spoke in support of the proposed project; noted that the facility has been vacant for three years because of its large size; opined that this is a good use for the site and that the project will be economically feasible. Carolyn Smith, San Luis Obispo, voiced concerns about the proposed project; opined that the project is being rushed, pointing out that revocation of a permit is difficult once a project is approved; stated that the downtown residents will have to cope with the impacts related to the type of venue at the facility. Andrea Miller, Spike’s Pub, expressed support to closing the facility at midnight; opined that the scale of the project is too large, noting that a shopping center with ample parking is a suitable location for this type of facility. Cody Hartwell, Creeky Tiki, suggested that the 2 a.m. closure be permitted; opined that if the proposed project is approved with a closure of 2 a.m., than other business should be able to close at that time as well. 6.a Packet Pg. 17 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of September 15, 2015 Page 11 Gareth Kelly, San Luis Obispo, urged Council to approve the proposed project and extend the hours of operation to 2 a.m.; voiced support of the venue; noted that the legal drinking age in England is 18 compared to America’s legal drinking age of 21. Mila Vujovich-LaBarre, San Luis Obispo, urged Council to approve the appeal of Save Our Downtown (SOD); stated that the type of business is unusual in the City; opined that this sends a mixed message about the recreational activities while serving alcohol; opined that alcohol should not be served before 8 p.m. and that all restaurants should extend hours till 2 a.m. Paul Rys, San Luis Obispo, expressed concerns with where alcohol will be served, as the venue is intended to be family friendly; suggested that alcohol service be limited to the second floor. Mayor Marx invited the applicant and appellant to make their rebuttal statements. Jamie Lopes, Appellant, Save Our Downtown (SOD), urged Council to postpone the project to allow additional discussion; noted that the use permit could be transferred in the future to a less desirable operator; stated that the venue has moved forward with the City’s direction, including a welcoming approach; noted that the Land Use and Circulation Element (LUCE) opinion survey stated that there should be fewer alcohol venues in the downtown. Jeremy Pemberton, Discovery San Luis Obispo, Morro Bay, spoke in support of a use condition which requires a permit to be reviewed; advised that 13 bowling lanes will need 10,000 square feet of floor space; stated that the Embassy Suites has multiple banquet rooms operating under one license; pointed out that the security surveillance will be monitored; explained that the suggested proposal is the best plan to be economically viable, stating that restrictions for specific areas would negatively impact the viability. There being no others desiring to speak on this item, the public hearing was closed. In response to public comment, Community Development Director Codron explained the reasons for the project’s advancement; summarized the history of the project, stating that the first engagement occurred in December 2014 and added that the completed application occurred in March 2015; stated that the applicant has responded quickly with modifications to the floor plan; indicated that that the Alcohol Outlet Type – Restaurant/Bar is a type 47 license and no permit required, however, late service requires a permit; noted that Council has created no policy or moratorium that limits restaurants that serve alcohol. 6.a Packet Pg. 18 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of September 15, 2015 Page 12 MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 4-0 (COUNCIL MEMBER CARPENTER RECUSED), to adopt Resolution No. 10669 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California: (1) Denying an appeal filed by James Lopes and Sandra Lakeman, on behalf of Save Our Downtown, and upholding the Planning Commission’s decision to approve a bowling alley, nightclub and restaurant with limited late hour alcohol services within the Historic Downtown Commercial Zone (1144 Chorro Street, USE-1127-2015); and (2) denying an appeal filed by the applicant appealing the Planning Commission’s approval of Condition No. 3 limiting hours of operation, thereby granting final approval to the project based on findings of consistency with the General Plan, Zoning Regulations and applicable City standards, project conditions and find that the project is categorically exempt pursuant to CEQA section 15332,” with the following revisions: a. Condition 3(a): The outdoor patio seating area shall be closed to all patrons no later than 11:00 p.m., nightly. b. Condition 5: The applicant shall make reasonable efforts to minimize the potential for adverse noise and crowd impacts on adjacent establishments and nearby residences, including, but not limited to, ensuring that all windows and doors are closed during concert performances, as well as no later than 10:00 p.m., nightly c. Condition 10(b): The security plan shall include a detailed explanation of how concert patrons will exit the building to Chorro Street and/or Marsh Street through the restaurant at the conclusion of a musical event d. Condition 14: The site shall be maintained in a neat and orderly manner at all times, including the exterior of the building. The applicant shall also be responsible for daily cleanup/maintenance of the areas of patron queuing and the adjacent public right- of-way. e. Condition 20: This Use Permit shall be reviewed at a Planning Commission hearing if the City receives a substantiated written complaint complaints from any citizen, Code Enforcement Officer, or Police Department employee, which includes information and/or evidence supporting a conclusion by the Community Development Director that a substantial violation of this Use Permit, or of City ordinances or regulations applicable to the property or the operation of the business, has occurred. At the time of the Use Permit review, to insure on-going compatibility of the uses on the project site, conditions of approval may be added, deleted, modified, or the Use Permit may be revoked. f. New Condition: Applicant shall provide at least one path of travel to and from one set of bowling lanes that does not require patrons to pass through or immediately adjacent to any unenclosed bar as approved by the Community Development Director. 6.a Packet Pg. 19 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of September 15, 2015 Page 13 BUSINESS ITEM 17. AUTHORIZATION TO PURSUE FULL ALLOCATION OF NACIMIENTO PROJECT WATER Utilities Director Mattingly and Utilities Deputy Director Floyd narrated a PowerPoint presentation entitled “Nacimiento Project Full Allocation” and responded to Council inquires. Donald Hedrick, San Luis Obispo, opined that the drought is manufactured by geoengineering and that mining operations that serve Nacimiento could deposit heavy metals; questioned the pH of the water system; opined that it is preferable for the citizens to drink alkaline water. Paul Rys, San Luis Obispo, questioned staff regarding the “use it or lose it” rule and the usage of water from other users when the City is limiting their use of water; opined that the community does not want to rely on groundwater; inquired on the prediction of how many more years the City has left of a water supply. In response to public comment, Deputy Director Floyd explained the “use it or lose it” philosophy; noted that the “use it or lose it” rule was established by agreement in 1959; explained the number of years the City has left of a water supply; stated that the City used a seven year model based on the climatic conditions that existed in the last drought; noted that the City’s current drought is based on weather conditions; explained the current use of the City’s ground water, indicating that the City is not utilizing ground water at this time. MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE MAYOR ASHBAUGH, CARRIED 5-0, to authorize the City Manager to sign the application of intent to acquire additional delivery entitlement of Nacimiento Project Water. LIAISON REPORTS Council liaison reports were received from Council Member Christianson and Mayor Marx. COUNCIL COMMUNICATIONS Council Member Christianson thanked staff for its 9-11 memorial dedication event which was held at Fire Station No. 1 on September 11, 2015. 6.a Packet Pg. 20 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of September 15, 2015 Page 14 ADJOURNMENT The next Regular City Council Meeting is scheduled for Tuesday, October 6, 2015 at 6:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Anthony J. Mejia, MMC City Clerk APPROVED BY COUNCIL: XX/XX/2015 6.a Packet Pg. 21 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo Tuesday, October 6, 2015 Regular Meeting of the City Council CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, October 6, 2015 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Vice Mayor Ashbaugh. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, and Vice Mayor John Ashbaugh. Council Members Absent: Mayor Marx City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant City Manager; Assistant City Clerk John Paul Maier; and Anthony Mejia, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Christianson led the Pledge of Allegiance. PRESENTATION 1. PROCLAMATION - NATIONAL DISABILITY AWARENESS MONTH Vice Mayor Ashbaugh presented a Proclamation to Justin McIntire, California Department of Rehabilitation, and DJ MacFarlane, Scientific Drilling, recognizing October as "National Disability Employment Month." 2. PROCLAMATION - FIRE PREVENTION WEEK Vice Mayor Ashbaugh presented a Proclamation to Garret Olson, Fire Chief and Rodger Maggio, Fire Marshal, recognizing October 4-10, 2015, as "Fire Prevention Week." 6.a Packet Pg. 22 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of October 6, 2015 Page 2 APPOINTMENTS 3. APPOINTMENT TO THE MASS TRANSPORTATION COMMITTEE City Clerk Mejia reviewed the contents of the Council Agenda Report. MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-0, to appoint John Osumi to the Mass Transportation Committee, as the business representative, to complete an unexpired term through March 31, 2016. PUBLIC COMMENT Donald Hedrick, San Luis Obispo, questioned whether there is an underlying reason as to why several key City positions have separated recently; voiced concerns that geoengineering is harming human health. CONSENT AGENDA MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 4-0, to approve Consent Calendar Items 4 thru 8 and Item 13. 4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 4-0, to waive reading of all resolutions and ordinances as appropriate. 5. MINUTES OF THE CITY COUNCIL MEETING OF SEPTEMBER 1 AND SEPTEMBER 3, 2015 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 4-0, to approve the Minutes of the City Council meeting of September 1 and September 3, 2015. 6. CONSIDERATION OF THE HUMAN RELATION COMMISSION’S RECOMMENDED PRIORITIES FOR THE 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND GRANTS-IN-AID (GIA) PROGRAMS MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 4-0, to: 1. Approve Community Development Block Grant and Grants-In-Aid funding priorities for 2016. 2. Make a determination pursuant to Section 15061 (b)(3) General Rule and Section 15306 Categorical Exemption of the CEQA Guidelines that developing priorities for funding will not have a significant effect on the environment and is exempt from environmental review. 6.a Packet Pg. 23 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of October 6, 2015 Page 3 7. SLO TRANSIT DBE GOAL AND METHODOLOGY MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 4-0, to authorize staff to establish the 1.7% Disadvantaged Business Enterprise (DBE) goal for federal funds related to SLO Transit enterprise fund. 8. 9-1-1 EQUIPMENT UPGRADE MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 4-0, to award the contract between AT&T and the City using the State Master Purchase Agreement to replace the existing 9-1-1 phone system equipment with new and upgraded 9-1-1 equipment. 13. PUBLIC SAFETY AUDIO RECORDING SYSTEM REPLACEMENT MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 4-0, to: 1. Authorize the City Manager to award a contract and accept State funding to purchase a new City Public Safety Audio Recording System Replacement (Specification No. 91325), to Voice Print International (VPI) in the amount of $51,970. 2. Authorize the Finance Director to execute a purchase order for needed server hardware for the Audio Recording System Replacement (Spec No 91325) to Dell Computers in the amount of $19,847. PUBLIC HEARING 9. GRANTING A FRANCHISE TO SAN LUIS GARBAGE COMPANY FOR FOOD AND GREEN WASTE SERVICES Utilities Director Mattingly and Utilities Services Manager Munds narrated a PowerPoint presentation entitled “Granting of a Food and Green Waste Franchise Agreement to San Luis Garbage Company” and responded to Council inquiries. Vice Mayor Ashbaugh opened the public hearing. Donald Hedrick, San Luis Obispo, questioned whether requiring separation of food waste will negatively impact restaurants and residents; voiced concern that additional garbage truck trips will be necessary and additional waste containers will be placed on the streets. In response to public comment, Utilities Service Manager Munds advised that State law requires the City to establish a manner in which to recycle green and food waste in an effort to divert waste to landfills; explained that the City and Waste Connections will conduct community outreach to inform residents and restaurants about these new requirements. There being no others desiring to speak on this item, the public hearing was closed. 6.a Packet Pg. 24 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of October 6, 2015 Page 4 MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-0, to introduce Ordinance No. 1624 (2015 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, granting a twenty-year franchise to San Luis Garbage Company for food and green waste collection, processing and/or disposal within the City of San Luis Obispo.” BUSINESS ITEM 10. PROPOSED AMENDMENTS TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING APPEALS OF ADMINISTRATIVE CITATIONS, CHAPTER 15.02 (CHAPTER 1.24 TO SUPERSEDE CONFLICTING ADMINISTRATIVE CITATION AND REVIEW PROVISIONS OF BUILDING CONSTRUCTION AND FIRE PREVENTION REGULATIONS), CHAPTER 1.20, AND ADDITION OF NEW CHAPTER 2.30 (CREATE ADMINISTRATIVE REVIEW BOARD) City Attorney Dietrick narrated a PowerPoint presentation entitled “Revised Process for Appeals of Administrative Citations” and responded to Council inquiries. Following discussion, MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-0, to introduce Ordinance No. 1625 (2015 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, repealing and replacing Chapter 1.24 (Administrative Code Enforcement Procedures) of Title 1, amending Section 1.20.020 of Title 1, amending Chapter 15.02 (Building Codes adopted) to add Section 15.02.015 of Title 15 (Chapter 1.24 to supersede conflicting Administrative Citation and Review Provisions of Building Construction and Fire Prevention Regulations), and adding Chapter 2.30 (Administrative Review Board) to Title 2, of the San Luis Obispo Municipal Code,” as amended. 11. BRANDING UPDATE FOR SLO TRANSIT VEHICLES Public Works Director Grigsby and Transit Manager Anguiano narrated a PowerPoint presentation entitled “Proposed Update to SLO Transit’s Brand” and responded to Council inquiries. Donald Hedrick, San Luis Obispo, opined that the design overly incorporates angular straight line designs on the side perspective of the bus, expressing a preference for curvy line designs; suggested that side panels of buses could be used for displaying artwork created by local artist. John Osumi, San Luis Obispo, stated that the design is a fast modern design that gives a nice impression to riders; spoke in support of the revised bus design style and encouraged Council to support the design. Jim Thompson, speaking as an individual, Chair of the Mass Transportation Committee, San Luis Obispo, stated that staff has worked diligently to develop a new design to incorporate the City’s new emblem and existing transit system branding design. 6.a Packet Pg. 25 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) San Luis Obispo City Council Minutes of October 6, 2015 Page 5 MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 3-1 (VICE MAYOR ASHBAUGH VOTING NO), to approve revised paint scheme for new SLO Transit vehicles, and maintain existing paint scheme for all existing transit stock with a phasing in of the new scheme as vehicles are replaced. Vice Mayor Ashbaugh expressed concern that the new bus design overly represents angular geometry on the side perspective and may receive adverse comments from the community; suggested that Council refer the matter back to staff and the Mass Transportation Committee with instructions to modify the angularity on the side perspective of the bus design. 12. ADOPT A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS’ ASSOCIATION (SLOPSOA) FOR THE PERIOD OF 07/01/2015 – 06/30/2019 Human Resources Director Irons and Human Resources Manager Zocher narrated a PowerPoint presentation entitled “Adjustments to Compensation for the San Luis Obispo Police Staff Officers’ Association” and responded to Council inquiries. MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-0, to adopt Resolution No. 10670 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting and ratifying the Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Police Staff Officers’ Association for the period of July 1, 2015 through June 30, 2019.” LIAISON REPORTS A Council liaison report was received from Vice Mayor Ashbaugh. Council Member Rivoire noted that he recently attended the League of California Cities Annual Conference held in San Jose, California. COUNCIL COMMUNICATIONS None. ADJOURNMENT The next Regular City Council Meeting is scheduled for Tuesday, October 20, 2015 at 6:00 p.m. in the Council Chamber, in the Council Chamber, 990 Palm Street, San Luis Obispo, California __________________________ Anthony J. Mejia, MMC City Clerk APPROVED BY COUNCIL: xx/xx/2015 6.a Packet Pg. 26 At t a c h m e n t : a - 0 9 - 1 5 - 2 0 1 5 a n d 1 0 - 0 6 - 2 0 1 5 M i n u t e s ( 1 1 6 3 : M i n u t e s o f S e p t e m b e r 1 5 a n d O c t o b e r 6 , 2 0 1 5 ) Page intentionally left blank.