HomeMy WebLinkAbout09-15-2015 Minutesf, Council Minutes
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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.
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 ref -4Hd
SepheFAeFes undergraduate students on campus ffi a
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 withinV2 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
requesting that Cal Poly house all undergraduate students 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.
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 301h Anniversary.
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.
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 ResolLitimi No. 10666 (2015 Scries) 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."
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. 162.3 (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."
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 Christianson 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.
Jaynes 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.
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 Fester, 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 HanniW,s, 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.
Gre Fes, 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.
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.
Odicl 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 Ogden, 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 Wes, 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.
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.
CInick 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 Lcgg, 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.
San Luis Obispo City Council M111LItcs of Sotteiiiber 15, 2015 Page I I
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 Vuiovich- 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.
Jarnie Lvpes, 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 Pembertorn, 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.
San Luis Obispo Cit Council Minutes of September 15 2015 1'a 7e 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
concerti performances, as well as no later than 10:00 p.m., nightly
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.
Condition 20: This Use Permit shall be reviewed at a Planning Commission hearing if
the City receives a substantiated written complaint ems 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.
£ New Condition: ,Applicant shall provide at least one path of travel to and from one set
of bowling-, ladles that does not require patrons to pass dii-mi gl3 or immediate)
adjacent to any unenclosed bar as approved by- the Community Development
Director.
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.
San Luis Obispo CityCQU1161 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, Ca i Corn ia.
City Clerk
APPROVED BY COUNCIL: 10/20/2015