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HomeMy WebLinkAbout11/20/2012MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 20, 2012 - 6:00 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ashbaugh, Andrew Carter and Kathy Smith, Vice Mayor Dan Carpenter, and Mayor Jan Marx City Staff Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Michael Codron, Assistant City Manager, and Maeve Kennedy Grimes, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Cub Scout Pack Six led the Pledge of Allegiance. PRESENTATIONS PROCLAMATION – SAN LUIS OBISPO FFA TEAM – (MARX – 5 MINUTES) Anna Bates and the FFA Team accepted the Proclamation. A PRESENTATION OF THE MUSTANG WAY BY ASI PRESIDENT KATIE MORF "IG –10 MINUTES) Katie Morrow, ASI President, made her presentation regarding the Mustang Way a set of three tenants - Pride, Responsibility and Character. PUBLIC COMMENT – ITEMS NOT ON THE AGENDA Jeff Aranquena, San Luis Obispo, spoke about a project at his school – Project Citizen. Don Hedrick, San Luis Obispo, spoke about the election and recycling. Kevin Rice, San Luis Obispo, spoke about representation on the Air Pollution Control District. —end of public comments - -- City Council Meeting Minutes Tuesday, November 20, 2012 CONSENT AGENDA Public Comments On Items.On The Consent Calendar No one spoke at this time. ---end of public comments— Page 2 ACTION: Motion by Council Member Carter / Council Member Smith to approve the Consent Calendar Items C1, C3, and C4. Item C2 continued to Special Meeting December 3, 2012. Roll Call Vote: 5 — 0 Motion Carried. C1. MINUTES OF WEDNESDAY, NOVEMBER 7, 2012. (CODRON /KENNEDY GRIMES) RECOMMENDATION: Waive oral reading and approve as presented. ACTION: Approved by Consent Calendar Vote. C2. RESULTS OF THE NOVEMBER 6, 2012, GENERAL MUNICIPAL ELECTION. (CODRON /KENNEDY GRIMES) RECOMMENDATION: Adopt Resolution declaring the results of the November 6, 2012, General Municipal Election. ACTION: Council was notified that the County Clerk Recorder had not complete the ballot counting process and certification of election results, therefore, at the request of staff, this item will be placed on the December 3, 2012. Special Meeting Agenda. C3. INTEGRATED REGIONAL WATER MANAGEMENT PROGRAM — REVISED MEMORANDUM OF UNDERSTANDING. (MATTINGLY /HORTON) C4. RECOMMENDATION: Approve the "San Luis Obispo County Region Integrated Regional Water Management Program Participants Memorandum of Understanding" and authorize the Mayor to execute the agreement. ACTION: Approved by Consent Calendar Vote. AGRICULTURAL RESERVE TO CENTRAL COAST AGRICULTURAL NETWORK TO PROVIDE FOR ONGOING MANAGEMENT OF AGRICULTURAL OPERATIONS ON THE SITE. (CODRON /OTTE) City Council Meeting Minutes Page 3 Tuesday, November 20, 2012 RECOMMENDATION: 1) Approve the proposed long term lease with Central Coast Agricultural Network (CCAN) to manage and operate the Calle Joaquin Agricultural Reserve (CJAR). 2) Authorize the Mayor to execute the lease and to amend the lease to include two additional parcels once the related title dispute is fully resolved. ACTION: Approved by Consent Calendar Vote. PUBLIC HEARINGS AND BUSINESS ITEMS PHI. CONTINUED T COMMISSION'S APPROVAL OF A NIGHT CLUB (SLO BREWING COMPANY) RELOCATION IN THE HISTORIC DOWNTOWN COMMERCIAL (C -D -H) ZONE A 57-12). (JOHNSON /CARLONI —150 MINUTES) Vice Mayor Carpenter recused himself from this item due to ownership of commercial property in the vicinity of the project. Vice Mayor Carpenter left the dias. Mayor Marx asked members of Council to disclose any exparte communications in regard to this public hearing. Council Member Smith reported she attended a meeting at the Downtown Association and a meeting with Mr. Marshall and Ms. Florence. Council Member Carter — reported he met with Mr. Marshall and Ms. Florence. Council Member Ashbaugh — reported he met with the Applicant and his representative and also had a meeting with Allan Cooper, representing from Save Our Downtown. Mayor Marx — reported she attended a meeting at the Downtown Association Downtown Association and meeting with Mr. Marshall and Ms. Florence. Community Development Director Johnson and Assistant Planner Carloni presented the report and responded to Council questions. Allan Cooper made a presentation on behalf of Save Our Downtown, the Appellant. Carol Florence, OASIS Associates, made a presentation on behalf of SLO Brew, the Applicant. Hamish Marshall reviewed options for Council and answered questions. Mayor Marx opened the public hearing. Andrea Miller, owner of Spikes, supports the project. Downtown business owners respect the integrity of downtown. City Council Meeting Minutes Page 4 Tuesday, November 20, 2012 Linda Groover, San Luis Obispo, spoke in opposition to the project. She felt there are Issues regarding historic aspect of Carissa building, queuing over the bridges and effect on Mission Plaza, Jeff Minnery, San Luis Obispo, spoke in support of the project. SLO Brew has improved it's business over the past years and is a great draw for San Luis Obispo. Ken Kisling, San Luis Obispo, Student Senator at Cuesta College, asked if bringing more bars to the downtown is the direction San Luis Obispo wants to go to. Dixie Cliff, San Luis Obispo, spoke about elimination of roof top service and stairway to the third story as a means to reduce cost. Louise Justice, San Luis Obispo, supports Save Our Downtown; she stated she has concerns regarding safety of patrons, small businesses surrounding the project, and the police force. In addition, the size of the sidewalk is a concern. The Applicant should not have disregarded the Council discussion regarding no rooftop terrace usage. Donald E. Hedrick, San Luis Obispo, spoke out in regard to the lack of adequate parking; queuing towards Mission Plaza - eastward along the creek; crime is an issue of concern. Development is trying to transform the downtown and jump ahead of itself. He felt the project should be moved to another area of town, not the downtown. Joseph Abrahams, San Luis Obispo, supports Hamish's project, but spoke to the fact that another location would better suit this project. He stated that he is apprehensive of SLO Brew on locating on Higuera Street. Elisabeth Abrahams, San Luis Obispo, reminded Council about the public comments on September 25' regarding WOW, and the concerns the Council expressed regarding the project. She reiterated that people have voiced concern about the number of bars in the downtown area; the stairs were suggested to be moved inside and were not; in addition the use of Mission Plaza remains a concern regarding crime and lighting. Allan Cooper, San Luis Obispo, he does not oppose SLO Brew, but the expansion of the project size. He read a list of bars in downtown San Luis Obispo and asked Council to consider the number of bars in the downtown. Pepper Daniels, Nipomo, spoke in favor of the project. He felt the crime in the creek area involved transients; by improving the area of the project he believes it will improve the creek area. David Brodie, San Luis Obispo, stated that he is not against SLO Brew, but is against this new location. He showed a graphic that illuminated all properties in the downtown that serve alcohol. on the ground level. He suggested a continuation of this item so that SLO Brew could look for new location. He felt that policing, noise and lighting must be considered in this matter. City Council Meeting Minutes Page 5 Tuesday, November 20, 2012 At 8:02pm, the Council recessed and reconvened at 8:15pm. Jim Ruddiell, Morro Bay, supports the prosperity of the business. Kevin Main, Cayucos, owns a jewelry store on Higuera St. He stated that she felt SLO Brew would improve the neighborhood and vitality. He does not agree with queuing on Higuera Street. In addition, he stated that this project sets the bar a little higher in the neighborhood. Warren Flaschen, Morro Bay, supports SLO Brew. He felt this project would be an improvement in the downtown area. He stated that the Applicant has made significant changes to the project to meet the City's needs. Bill Hales, San Luis Obispo, owns the building next door to the project. He is in support of the project. The bar business is a difficult business; he is trying to mitigate problems. Deborah Cash, Downtown Association, supports the project as currently proposed. She stated this is an opportunity to send a message to entrepreneurs that San Luis Obispo is not a difficult area to relocate. Michelle Tasseff, San Luis Obispo, has enjoyed food at SLO Brew; and would like to see them expand; she supports this development. Not all of the Save Our Downtown statements are fact, but are assumptions. Courtney Kienow, San Luis Obispo Chamber of Commerce, asked the Council to look to the big picture of downtown. She sees this project enhancing the vibrancy of downtown. Sandra Lakeman, San Luis Obispo, stated that she is opposed to the project for several reasons: the steel staircase should trigger an EIR; the roof top use was supposed to be removed, but has not; the noise issue is still questionable; the fagade of this renaissance revival structure should be designed with the proper materials; sliding glass doors are not in keeping with the style. She suggested that shops in the ground floor would disguise the bar; In lieu fees need to be reviewed and Mission Creek should not be used for queuing. Rod Cggelski, San Luis Obispo, is working with SLO Brew to help with branding. Brewing is not just about the beer, but is also about shopping, souvenirs, restaurant, brewing tours and the music venue. Nic Cano, San Luis Obispo, stated he was proud of being from San Luis Obispo and working for SLO Brew. He felt this relocation would bring more attention to the different views of San Luis Obispo from the proposed rooftop terrace. '1 City Council Meeting Minutes Tuesday, November 20, 2012 Page 6 Melissa Kasarjian, Atascadero, stated she has recently moved her business to North Marsh Street and supports the relocation of SLO Brew. She sees this is an opportunity for the City to expand it's revenue. Kevin Zunich, San Luis Obispo, Roxanne's Birkenstock, agreed that there are issues with crime. He stated that there is huge potential with this project. He felt this was a professional project by professional people. Jennifer Wilkinson, Atascadero, works in San Luis Obispo, SLO Brew isn't just a bar, it's a thriving restaurant, a successful music venue and a revival of the brewery. She stated that denial of this appeal would show small businesses in San Luis Obispo that you are listening and supporting them. Neal Losey, San Luis Obispo, supports SLO Brew. He stated that SLO Brew brings great music for many demographic groups. He is.excited about the rooftop restaurant aspect of this project. Steve Tolley, Coordinator of Safe Nightlife; spoke about the owners of this business and project; he supports this project. Derek Senn, San Luis Obispo, is in favor of all aspects of the project. John Nygyen, San Luis Obispo, has worked for SLO Brew for 7 years. He sweeps the sidewalk nightly and takes personal responsibility for the task. He was appalled by some of the improper "facts" stated by others tonight. Monte Schaller, supports SLO Brew. He has worked for SLO Brew for 5 years and. is currently the General Manager. He thanked supporters of the project. He stated that SLO Brew has to expand in order to grow. He informed Council that the rooftop has amazing views. Kevin Rice, San Luis Obispo, supports the Planning Commission's decision and the application. He recommended that Council focus only on items on appeal. Sandra Rowley, San Luis Obispo, represents Residents for Quality Neighborhoods. She stated the noise source cannot be mitigated — voices travel further when there is less ambient noise. In addition, noise while patrons are leaving the venue may be potential problem in neighborhoods. Eric Meyer, San Luis Obispo, supports Planning Commission decision. He asked Council not to stop the creative people / creative spaces in our town. Brad Baane, San Luis Obispo, supports the project. He is a musician and has played at SLO Brew.. He sees this as a music venue first and foremost. City Council Meeting Minutes Page 7 Tuesday, November 20, 2012 Diane Duenow, San Luis Obispo, stated this is not an attack on SLO Brew; the issue is different. The SLO downtown is fragile; there is a lot that happens in the wee hours that is disturbing. She stated that when alcohol is involved, things can get rowdy. SLO is encouraging mixed use and high end condos and this project will impact them. Hamish Marshall stated the rooftop deck has been misrepresented; we are providing a food and lounge area. He indicated that conditions of approval make it difficult to operate. He specified that SLO Brew has to move in order to complete retrofit in 2015. —end of public comments— Mayor Marx closed the public hearing. Community Development Director Johnson reiterated to Council that the CHC and ARC would review this project if approved by Council. He reviewed current retrofit schedules on the Garden Street and Higuera properties. Assistant Planner Carloni reviewed Planning Conditions of approval as submitted by applicant and reviewed by the Community Development Department. Council Member Ashbaugh acknowledged that SLO Brew is a viable and thriving business; the City Council cannot bring additional customers to the business, only SLO Brew can. He had concerns regarding architectural design, but understood that this isn't the venue for review, but that CHC and ARC will review the project. By fine tuning the elements of this project with shared goals of Save Our Downtown, he believes that the project will be a good project in keeping with City development. Council Member Smith indicated that as an entrepreneur she does not want to see the demise of any business, including SLO Brew. She appreciated that the appeal was brought forward and has brought good changes to the project. She felt the project will bring creative people in our community. Further, she stated, the focus of the people today may not be the best focus for the future. She stated there were many good reasons to go ahead with this project, however, she still had concerns including the steel staircase; parking and lack of police coverage. In addition, the number of bars and lack of retail is a concern. She offered her support for the project and wants to see it return to Council for review in a year. Council Member Carter stated that what was not before the Council were the stairs and the fagade; they will be considered by ARC and CHC. He highlighted the fact that the City policies are set by the City and must be followed by the City; sometimes we find we have concerns about the policies, if that is the case, those policies should be reconsidered in another venue. He stated that he had had concerns about the size and scope of the project, however, the applicant has met the reduction in size and he now supports the project and feels it is exempt from an EIR. He stated his support of the Staff proposal and the return of the project to the Planning Commission in a year. In regard to alternate queuing, he did not have a problem with the use of Warden Bridge during City Council Meeting Minutes Page 8 Tuesday, November 20, 2012 Farmers' Market. He had concerns regarding safety from a walking standpoint. Therefore, he suggested the applicant enter a hold harmless agreement with the City for those nights. Council Member Carter recognized that Save Our Downtown and others raised the issue of the number of bars in the downtown. He reiterated it is a complicated issue; and would have to be.brought forward for policy review. In regard to the parking and zoning code, he stated there is a disconnect in the code that should also be addressed. However, these were not issues for discussion this evening. Mayor Marx supported the move of SLO Brew; and agreed it has to happen for several reasons. She felt this process had come up with a good compromise with a reduction in size but allowing the business to be viable. With regard to the rooftop use, she agreed to the reduced numbers and eliminating music. Further, she agreed with staff recommendations to the proposals by applicant. She felt it would be appropriate that the annual review come back to the Council in one year. If there are no issues, staff would provide their review as a consent item; if there are issues, a review would be brought to the Council for consideration. She was impressed with local business owners supporting the project. She agreed that the project encompasses the brewery, restaurant, music venue, and a meeting space. Mayor Marx expressed appreciation that the appeal was brought forward and has brought good changes to the project. Additional discussions took place regarding the opening time in Condition 8; the music in Condition 9; and adding a condition with regard to a hold harmless and indemnification agreement inserted as Condition 41. ACTION: Motion by Council Member Carter /Smith to deny the appeal, adopt the Resolution included in the packet as Attachment 1 as Resolution No. 10396 (2012 Series) with amended conditions provided by staff and modified by Council. Condition 8 — Monday through Sunday with all outdoor hours of operation limited to 7:OOam to 11:00pm. Condition 9 — Live amplified entertainment shall not be allowed in any outdoor areas (ie., Higuera Street dining, creek -side dining, roof level patio). Acoustic or background music consistent with the City's definition of ambient entertainment, may be allowed 7:OOam — 11:OOpm. Conditions 37, 38 and 39 — remove revocation language and include reference consistent with the municipal code. Condition 41 — Addition of hold harmless agreement to be crafted by the City Attorney and applicant: The applicant shall execute a hold harmless and indemnification agreement to the satisfaction of the City Attorney for any claims or liability asserted against the City arising from or relating to the applicant's use of the proposed patron alternate queuing routes over City property including injury to any patron, agent, or employee of the permitted property or business, or to any third party arising from or relating to such use by the applicant, its patrons, agents or employees. Roll Call Vote: 4 — 0 (Vice Mayor Carpenter recused) Motion Carried. City Council Meeting Minutes Page 9 Tuesday, November 20, 2012 Council Member Ashbaugh expressed his reservation to the last issue. COUNCIL LIAISON REPORTS AND COMMUNICATIONS No Liaison Reports or Communications were received. There being no further business to come before the City Council; Mayor Marx adjourned the meeting at 10:31 p.m. Ma- e Kenody Grim6 - City Clerk APPROVED BY COUNCIL: 12/4/12 1 1