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Minutes 2006-11-14 MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, NOVEMBER 14, 2006 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council/Redevelopment Agency meeting to order at 7:10 p.m. 2. ROLL CALL City Council/RDA: Council/Board Members Jim Dickens, Ed Arnold. Mayor Pro TemNice Chair Jim Guthrie and Mayor/Chair Tony Ferrara were present. Council/Board Member Joe Costello was absent. City Staff Present: City Manager Steven Adams. City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Police Chief Tony Aeilts, Director of Parks, Recreation and Facilities Dan Hernandez, and Director of Public Works Don Spagnolo. 3. FLAG SALUTE Members of Cub Scout Den #4 of Pack 13 led the Flag Salute. 4. INVOCATION Pastor George Lepper, Peace Lutheran Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6:a. Ordinances Read in Title Only. Council Member Arnold moved, Council Member Dickens seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Gail Liqhtfoot, Mesa Drive, representing SLO County Public Access, spoke about their plans for public access television throughout San Luis Obispo County and announced that in cooperation with Charter Communications, their goal is to assist anyone with an idea to create the programs seen on Charter Channel 2. She stated that SLO County Public Access provides the guidelines for channel use so that the channel represents the public and said they would appreciate the opportunity to put PEG funds collected from Charter subscribers in Arroyo Grande to good use. Ed Moss, S. Elm Street, representing SLO County Public Access. stated he serves on the scheduling committee and he invited the public and non-profit organizations to produce new programs for public access Channel 2. 8. CONSENT AGENDA Mayor/Chair Ferrara invited members of the public who wished to comment on any Consent Agenda Item to do so at this time. There were no public comments received. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 14, 2006 Page 2 Council/Board Member Guthrie pulled Item 8.h. for separate roll-call vote. Mayor/Chair Ferrara pulled Items 8.1. and Item 8.j. Mayor/Chair Ferrara referred to Item 8.f. and commended the City Manager and Director of Financial Services' efforts relating to the viability of the Redevelopment Agency. Council/Board Member Dickens moved to approve Consent Agenda Items 8.a. through 8.k, with the exception of Items 8.h. and 8.j., with the recommended courses of action. Council/Board Member Arnold seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Dickens, Arnold, Guthrie, Ferrara None Costello B.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period October 16,2006 through October 31, 2006. B.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of September 26, 2006; the Special (Closed Session) City Council Meeting of October 10, 2006; and the Regular City Council/Redevelopment Agency Meeting of October 10, 2006, as submitted. B.c. Consideration of Rejection.of Claim Filed Against the City - D. McCallister. Action: Rejected claim. B.d. Consideration of Authorization to Close City Streets for the 4th Annual Arroyo Grande Village Improvement Association Christmas Parade, November 26,2006. Action: Adopted Resolution No. 3967 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REQUESTING AUTHORIZATION TO CLOSE CITY STREETS FOR THE 4TH ANNUAL ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION CHRISTMAS PARADE, NOVEMBER 26,2006". 8.e. Consideration of Transient Occupancy Tax Revenue Sharing Agreement for the Hampton Inn & Suites Hotel Project. Action: Approved and authorized the Mayor to execute the proposed Transient Occupancy Tax (TOT) agreement with Arroyo Hotel, LLC for the Hampton Inn & Suites hotel project. 8.1. Consideration of Approval of Agreements for Financial Advisor, Underwriter and Disclosure Counsel to the Redevelopment Agency for Issuance of Bond Financing. [COUNCIURDA] Recommended Action: The City Council/Redevelopment Agency Board of Directors approved and authorized the Mayor/Chair to execute agreements with Harrell & Company Advisors for financial advisor, E.J. De La Rosa for underwriter; and Jones Hall for disclosure counsel for tax allocation bond financing proposed by the Redevelopment Agency. 8.g. Consideration of Appropriation of Funds for Startup Costs for East Grand Avenue Business Improvement Association. [CQUNCIURDA] Action: The City Council/Redevelopment Agency Board of Directors appropriated and authorized the City Manager/Executive Director to expend an additional $3,000 for startup costs for the formation of an East Grand Avenue Business Improvement Association. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 14, 2006 Page 3 8.L Consideration of a Contract Amendment with Wood Rodgers, Inc. to Include a Northbound Auxiliary Lane in the Brisco Road-Halcyon Road/Route 101 Project Approval and Environmental Document (PA&ED). Action: 1) Approved a contract amendment with Wood Rogers, Inc. to include a northbound auxiliary lane in the Brisco Road-Halcyon Road/Route 101 Project Approval & Environmental Document (PA&ED); and 2) Authorized the City Manager to execute the contract amendment. a.j. Consideration of a Contract Amendment with Wood Rodgers, Inc. to Include a Roundabout Feasibility Analysis in the Brisco Road-Halcyon Road/Route 101 Project Approval and Environmental Document (PA&ED). Action: 1) Approved a contract amendment with Wood Rogers, Inc. to include a roundabout feasibility analysis in the Brisco Road-Halcyon Road/Route 101 Project Approval & Environmental Document (PA&ED); and 2) Authorized the City Manager to execute the contract amendment. 8.k. Consideration of an SHAlSTP Cooperative Agreement with the San Luis Obispo Council of Governments. Action: 1) Adopted Resolution No. 3969 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE MAYOR TO EXECUTE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS SHAlSTP COOPERATIVE AGREEMENT NO. AG-STL-01"; and 2) Directed the Director of Administrative Services to submit the SHAlSTP Cooperative Agreement No. AG-STL-01 and the Resolution to the San Luis Obispo Councii of Governments. 8.h. Consideration of Resolution Denying Without Prejudice Vesting Tentative Tract Map Case No. 04-004 and Planned Unit Development Case No. 04-001; Applicant - DB&M Properties, LLC; Location - 415 East Branch Street. Recommended Action: Adopt Resolution denying, without prejudice, Vesting Tentative Tract Map Case No. 04-004 and Planned Unit Development Case No. 04-001 (Creekside Mixed-Use Center). Action: Councii/Board Member Arnold moved, and Councii/Board Member Dickens seconded the motion to approve Consent Agenda Item 8.h. with the recommended course of action. The motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Dickens, Ferrara Guthrie Costello Resolution No. 3968 was adopted as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING, WITHOUT PREJUDICE, VESTING TENTATIVE TRACT MAP CASE NO. 04-004 AND PLANNED UNIT DEVELOPMENT CASE NO. 04-001 (CREEKSIDE MIXED-USE CENTER) FOR A MIXED-USE PROJECT ON PROPERTY LOCATED AT 415 EAST BRANCH STREET, APPLIED FOR BY DB & M PROPERTY, LLC" Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 14, 2006 Page 4 8.j. Consideration of a Contract Amendment with Wood Rodgers, Inc. to Include a Roundabout Feasibility Analysis in the Brisco Road-Halcyon Road/Route 101 Project Approval and Environmental Document (PA&ED). Recommended Action: 1) Approve a contract amendment with Wood Rogers, Inc. to include a roundabout feasibility analysis in the Brisco Road-Halcyon Road/Route 101 Project Approval & Environmental Document (PA&ED); and 2) Authorize the City Manager to execute the contract amendment. Action: Mayor/Chair Ferrara moved to postpone. this item to a future meeting to allow staff to make initial inquiries on the feasibility and viability of the proposal as it relates to publiC right of way issues. Council/Board Member Arnold seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Ferrara, Arnold, Dickens, Guthrie None Costello Mayor Ferrara requested, and the Council concurred. to move Agenda Item 10.a. up on the Agenda for consideration prior to Item 9.a. 10. CONTINUED BUSINESS ITEMS 10.a. Consideration of Approval of Lease Agreement between the City of Arroyo Grande and the 5 Cities Community Services Foundation. Director of Parks, Recreation and Facilities presented the staff report and recommended the Council approve and authorize the Mayor to execute a Lease Agreement with the 5 Cities Community Services Foundation, leasing City owned real property located at 400 West Branch Street to the 5 Cities Community Services Foundation for a proposed public recreation facility. City Attorney Carmel reviewed the terms of the Lease Agreement. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing none, he closed the public comment period. Council comments included support for the concept of the lease agreement; however, concerns were expressed concerning the timeframe for commencing and completing the recreation center project as it relates to the Brisco/Halcyon interchange improvements. City Attorney Carmel noted that approval of a future recreation center project would include specific project related conditions, the same as with any conditional use permit, such as timeframes for making progress on the project. Council Member Arnold moved to approve and authorize the Mayor to execute a Lease Agreement with the 5 Cities Community Services Foundation for property located at 400 W. Branch Street, as amended to modify the timeframe to four (4) years from lease approval for obtaining project approval with the option to return to Council for a two (2) year extension, if needed, and for construction to commence no later than three (3) years after the completion of the Brisco/Halcyon interchange improvements and five (5) years for completion of the project. The motion failed for lack of a second. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 14, 2006 Page 5 Action: Mayor Pro Tem Guthrie moved to approve and authorize the Mayor to execute a Lease Agreement with the 5 Cities Community Services Foundation for property located at 400W. Branch Street, as amended to modify the timeframe to three (3) years for pulling building permits and starting construction, ten (10) years from the time that final funding is available for the Brisco/Halcyon interchange improvements for completion of the project, and four (4) years for obtaining project approval with the option to return to Council for a two (2) year extension. Council Member Arnold seconded the motion. Discussion ensued clarifying the intent of the articulated timelines as they relate to the design and funding for the Brisco/Halcyon interchange improvements. City Attorney Carmel clarified that the proposed Lease Agreement currently tied commencement and completion of project construction to the completion of the Brisco/Halcyon improvements; the discussion and proposed motion were tied to final design and funding which would require substantial lease modifications. He stated that the action should be tentative and the revised lease agreement would be brought back for final action, likely on the consent agenda. Mayor Pro Tem Guthrie agreed that his proposed time frames were triggered by final design and approval of all funding for the Brisco/Halcyon improvements. Following discussion with staff, it was determined that commencement of improvements to the site should begin upon final design completion and approval of all funding necessary for improvements related to the Brisco/Halcyon interchange (rather than the completion of the Brisco/Halcyon interchange improvements). Discussion ensued and Mayor Pro Tem Guthrie suggested the terms be changed as follows: 1) four (4) years to obtain project approval (Section 2.2), plus up to a two (2) year extension if approved by the City; 2) three (3) years from final funding and design to commence construction; and 3) Ten (10) years from final funding and design to complete all improvements. After discussion, there was Council consensus for Mayor Pro Tem Guthrie's modified timeframes. City Attorney Carmel clarified that any proposed action would be tentative and staff would return with a revised Lease Agreement for final Council consideration and approval. He indicated this would also allow time to address the proposed modifications with the Foundation. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Guthrie, Arnold, Dickens, Ferrara None Costello 9. PUBLIC HEARINGS 9.a. Consideration of an Appeal of Planning Commission's Approval of Plot Plan Review Case No. 06-015 to Convert Twelve (12) of the Sixty (60) Previously Approved Condominium Units from Two (2) Bedrooms to Three (3) Bedrooms; Applicant - Ocean Oaks Builders; Location - 579 Camino Mercado Associate Planner Heffernon presented the staff report and recommended the Council adopt a Resolution upholding the Planning Commission's approval of Plot Plan Review Case No. 06-015 to convert twelve of the sixty previously approved condominium units from 2-bedroom to 3-bedroom units. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 14, 2006 Page 6 Mayor Ferrara opened the public hearing, inviting the applicant or representative to address the Council first. There were no public comments received, and Mayor Ferrara closed the public hearing. Council Member Arnotd provided the following comments: Commented on overall affordability of the units and noted that the project was originally approved as 1 and 2-bedroom units then it was converted to all 2-bedroom units; Expressed concern that the applicant would sell all the 3-bedroom units as affordable units; Could support 3-bedroom units; however, would limit the number of 3-bedroom units to not more than three. Council Member Dickens provided the following comments: Noted that there may be a demand for 3-bedroom units; provides potential buyers in the affordable housing range with a choice of units; Provides the applicant with flexibility in selling the units: Can uphold the Planning Commission's recommendation to approve. Mayor Pro Tem Guthrie provided the following comments: Acknowledged that these are senior units and did not think there were other senior restricted condominium projects that include 3-bedroom units: Concerned mostly with quality of units if 3-bedroom design is approved; Does not favor including any 3-bedroom units. Mayor Ferrara provided the following comments: Agreed with concerns expressed by Mayor Pro Tem Guthrie; Questioned whether there was a need for 3-bedroom units for seniors: Would like to see a survey and feedback from seniors to determine whether a demand for 3- bedroom units exist; Noted that this was the fourth proposed change to this project; Not in favor of moving forward, and would support the appeal. Action: Mayor Pro Tem Guthrie moved to take tentative action to deny the Plot Plan Review and to direct staff to return with a supporting Resolution. Council Member Arnold seconded the motion. Council Member Dickens asked staff what would happen if a survey came back which demonstrated that there is a demand for the three-bedroom units. City Attorney Carmel noted that since the item would be coming back at the next meeting for formal adoption, the issue could be further discussed at that time prior to taking formal action on the Resolution. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Guthrie, Ferrara, Arnold Dickens Costello Council Member Costello arrived at B:p.m. and took his place at the dais. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 14, 2006 Page 7 Council Member Dickens declared a conflict of interest due to his indirect financial interest in the Dixson Ranch and stepped down from the dais for Item 9.b. 9.b. Consideration of Development Code Amendment 06-003, Neighborhood Plan 04- 001, Vesting Tentative Tract Map 04-002, and Planned Unit Development 04-002; Applicant - Creekside Estates of Arroyo Grande, LLC; Location - 9 Acres East of Noguera Place and North of East Cherry Avenue Extension (Cherry Creek Project) Associate Planner Heffemon presented the staff report and stated the Planning Commission recommended the City Council introduce the Ordinance implementing Development Code Amendment No. 06-003 and deny Vesting Tentative Tract Map No. 04-002 and Planned Unit Development No. 04-002. Staff responded to questions from Council regarding the open space along the creek at Myrtle Street and whether it could be a pocket park; abandonment of the easement along Noguera Place; development impact fees which could be used for traffic improvements on Traffic Way at E. Cherry Avenue; conditions of approval which address the timeframe for construction of the affordable units within the proposed project; spacing distance between street trees on the site plan versus the written conditions of approval; paving over water and sewer mains on private property; inconsistencies on the plans regarding gutter and sidewalk; whether native plant species is the best resource for the proposed bioswale; whether secondary units are allowed; whether the City had received any comments on the revised Mitigated Negative Declaration (MND) from the State Clearinghouse; design guidelines as it relates to location of garages; access to the creek; and access and traffic signs for "dirt" Cherry. Mayor Ferrara opened the public hearing, inviting the applicant or representative to address the Council first. John Kniqht, RRM Design, Planner and Project Manager representing the applicant, responded to questions and explained that a path going through the bioswale was originally included and was removed based on environmental, safety, and privacy concerns; noted that there would be open fencing along the rear yards; stated the applicant was willing to install a 3-way stop at E. Cherry and Branch Mill Road if directed by the City Public Works Department to control traffic at that intersection; clarified that street trees are proposed to be spaced about 30-40 feet apart and noted that while the applicant is willing to plant 24-gallon trees, they believed that a 15-gallon tree will typically catch up to a 24-inch box tree fairly quickly; referred to existing trees surrounding the existing stone (Vanderveer) house and noted there is a Coastal Live Oak tree that is worth saving that can be relocated; and requested the Council introduce the Ordinance, adopt the revised and recirculated MND, approving the Vesting Tentative Tract Map and Planned Development, and direct staff to return with a supporting Resolution of approval. Cliff Branch, co-applicant, responded to issues regarding a proposed pocket park and stated they could go either way, noting that some people want to protect the natural environment; referred to the affordable housing component and noted that the units would have to be deed restricted; addressed the concern about the tree size and said they could provide either 15 or 24-inch box trees; stated every tree on the site was surveyed and it was to their benefit to save as many trees as possible; referred to the bioswale and noted the safety concerns with providing a path within the bioswale; noted that the bioswale provides a good buffer for the residences; and supported the placement of a 3-way stop at E. Cherry and Branch Mill Road. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 14, 2006 Page 8 Council Member Arnold asked if Mr. Branch would oppose restricting secondary units on the lots. Mr. Branch did not oppose that suggestion as a developer; however, he noted would be up to the City to determine through a separate process. Council Member Arnold asked how deep the bioswale would be. The applicant's representative replied it would be 6-7 feet at the deepest point in order to maximize its width. Further discussion ensued concerning the proposed fencing along the bioswale, as well as the proposed landscape design for the riparian area based on recommendations from the applicant's biologist and the City's consulting biologist. The following members of the public addressed the Council: Neil Havlik, representing Coastal San Luis Resource Conservation District (RCD), stated that their interest in this matter is primarily focused on the Dixson Ranch in which the District is the holder of a Conservation Easement. He noted the District has no particular interest in the design criteria of the project with the exception of the drainage. He supported the concept of the bioswale; however, he expressed concern that as the project moves forward into the design phases that the District would be able to participate and provide input on the design of the overall drainage solution. Pollv Tullis, Garden Street, expressed concerns with the proposed Tract Map and the Mitigated Negative Declaration as proposed and requested the Council consider continuing the item until some studies are done to clarify some of her concerns. Her concerns included loss of prime soil and appropriate mitigation for that loss; waiting until the environmental impact report for the Newsom Springs regional drainage project is completed prior to approving the tract map and adopting an ordinance to approve a zone change; lack of a sidewalk on the north side of Myrtle Street; and expressed support for a pedestrian pathway through the bioswale. Colleen Martin, Olive Street, distributed a letter to the Council and read it into the record (on file in the Administrative Services Department) urging the Council not to vote on the Cherry Creek application, maps, and Development Code amendments this evening and waiting until the Council has all the facts about the project, including comments from the recirculated MND, the minutes from the November 7th Planning Commission meeting, and a certified EIR for the Newsom Springs Drainage project. She then outlined undecided project specific details involving dirt Cherry, engineering for the bioswale, the ag buffer, impermeable surfaces, landscape mitigation monitoring, transitional zoning, lot size, traffic and parking impacts, and regional drainage. She concluded by stating this was a very complicated project with many unknown features, especially how the flood control channel would work, and asked the Council to wait to approve the project until after all the facts are known. DOUQ Tait, Asilo. supported condition of approval #7 requiring a certified EIR for the Newsom Springs Drainage project prior to issuance of a grading or building permit; referred to condition #95 and requested consideration of more extensive traffic calming devices such as a narrower interior street design and a lowered maximum vehicle speed; supported revised mitigation measure 3.2 for use of reclaimed non-potable water during construction to minimize airborne dust; requested that language from mitigation measure 4.2 be added to mitigation measure 2.2 relating to a five-year monitoring program; and requested the Council continue to consider a future pedestrian/bicycle connection at Stanley Street. Maureen Cataneo, Short Street, spoke about the charm of the Village, stated that she currently rents, commented about the lack of available housing in the Village, and supported a project that would create more housing opportunities for families. She said the project seems to be in keeping with the current density of the adjacent neighborhoods and has the potential to become a wonderful extension of the community and supported approval of the project. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 14, 2006 Page 9 Tonv Janowicz, Lierly Lane, referred to the Arroyo Grande East Village Neighborhood Plan dated August 31, 2006 that he had recently reviewed. He referred to Subarea 2 and spoke about future development potential and requested that before any decisions are made for potential downzoning, he suggested the City should hear what the homeowners in this area propose for their individual properties. He stated it was felt among the majority of property owners that the area should remain as Medium Density or 4.5 units/acre with each parcel applying individually for new lot development and should be treated on a case-by-case basis. Nora Loonev, Lierly Lane, distributed a letter to the Council dated November 13, 2006 signed by 9 of the 11 property owners in Subarea 2 (on file in the Administrative Services Department) expressing support for the proposed Cherry Creek development in Subarea; that the homeowners prefer the zoning for Subarea 2 be 4.5 units per acre as specified in the General Plan; and that they would voluntarily work with the City regarding "dirt" Cherry. Cliff Branch, co-applicant, reiterated that they have worked on this project for several years and acknowledged the support for the project from 9 of 11 property owners. He acknowledged there are some loose ends, referred to the conditions of approval associated with the project, and noted that the City has control over how the project evolves. He noted they would continue to work with the City and the neighbors in a cooperative effort. Scott Stokes, project engineer, referred to the drainage component and noted they have been working with The Wallace Group to coordinate efforts. John Kniqht responded to comments made by Mr. Havlik and noted that condition #120 which requires the applicant to coordinate directly with the RCD; clarified that the General Plan has already been updated to allow 4.5 units per acre, however, the zoning is currently inconsistent with the General Plan and must be updated for consistency; referred to several conditions of approval that address drainage issues; noted that the MND was recirculated and is not the first time the responsible agencies have seen it and they do not anticipate any additional conditions or comments; referred to condition #7 which requires a certified EIR for the Newsom Springs Regional Drainage project prior to issuance of grading or building permits; clarified that the density for the proposed project is lower than what is allowed; noted that there is a separate process for approving secondary units; noted the applicant agreed to install a 3-way stop sign at Branch Mill and E.Cherry if there is a need; and concluded by requesting that the Council close the public hearing and direct staff to bring back a supporting Resolution of approval. Mike Miner, E. Cherry, spoke in favor of the proposed project. There were no further public comments received, and Mayor Ferrara closed the publiC hearing. Council Member Costello provided the following comments: - Acknowledged this as a complex project; Referred to and read the findings that must be made for approving the Development Code Amendment; Stated that the land use designation for this property was changed in 2001 to single family residential and noted it has not been an agricultural piece of property; Supported the project as an appropriate use of the property; The proposed density is 3.3 units/acre; originally concerned with smaller parcels, however, those are reserved for the affordable housing units; most parcels are over 6,000 square feet; Supports single story units on parcels next to Noguera Place; Acknowledged that Planned Unit Development process allows deviation from some development standards Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 14, 2006 Page 10 Noted that the City is not removing any agricultural use; however, there is some loss of prime soils and he noted the applicant was willing to mitigate that loss. He did not originally think this needed to be mitigated; however, he expressed concern about establishing a precedent for mitigating a loss of prime soils on land that is not zoned agricultural. Supported increase in buffer zone to 130 feet, which would continue into Subarea 2; - Acknowledged that the constraints of the Creek will prevent the development of 4.5 units per acre; Believed that adequate environmental analysis had occurred resulting in an appropriate Mitigated Negative Declaration; Noted that the 25 foot setback from the creek is adequate; Not in favor of creating a pocket park on the north side of Myrtle due to the area's environmental sensitivity; Supported 3-way stop at E. Cherry and Branch Mill; May need a 3-way stop at E. Cherry and Traffic Way; Noted that additional traffic from the project is not going to result in a level of service less than C; however, he acknowledged the safety issues which may warrant a 3-way stop sign; Supported drainage solution through use of the bioswale and stressed that it should not negatively impact the Dixson Ranch; Can support approving the Development Code Amendment; adopting the Mitigated Negative Declaration, and directing staff to return with a Resolution approving the project. In response to a question from Council Member Arnold regarding traffic safety concerns at the intersection at E. Cherry and Traffic Way, discussion ensued regarding further study to determine if safety issues could be used as criteria for requiring traffic improvements and imposing a condition requiring the applicant to pay a share of the improvement costs. Council Member Arnold provided the following comments: Inquired and clarified that the homes next to Noguera Place are deed-restricted to remain one- story; Commented on the issue regarding prime soils mitigation as it relates to the requirement for an ag buffer; Referred to the design guidelines, page 9, and noted inconsistencies with the des}gn of the garages; Stated that the design should go back to the Architectural Review Committee for final review; - Agreed that the creek bridge idea should not be abandoned as it would provide a good circulation element; however, this should be pursued by the City and not the developer; Acknowledged sensitive habitat in the creek; however, a small pocket park could provide some community open space and be a nice amenity; would forego the park if there is outflow from the bioswale; Encouraged the developer and community group to establish a community garden on the Stilwell property; Agreed that the Noguera Place easement should be abandoned; Supported improvement of E. Cherry Avenue; Would like to see an Agreement between the City and developer on the timetable for construction of the affordable units; Spacing between trees should be a minimum of 40', but prefers 30 feet; ok with 15-gallon trees; If agreement for a park is reached, would support a sidewalk on the north side of Myrtle; if remains native, sidewalks are not necessary; Prefers to restrict secondary units; Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 14, 2006 Page 11 - Expressed concern about the look of the fencing near the bioswale; and - Agreed that mitigation measure 2.2 should include a 5-year monitoring plan. Mayor Pro Tem Guthrie provided the following comments: - Referred back to decision to upzone this area in 2001; reviewed history of flooding in the area and noted this was an opportunity to develop a comprehensive drainage plan with future development; referred to discussions concerning the ag-urban interface and how to manage that by establishing a buffer zone; and referred to opportunities for additional residential development where there is existing infrastructure; Reflected on the Berry Gardens development and concerns expressed about higher density housing that proved to be unfounded; Satisfied that this project will provide a key link to the regional drainage solution; Not convinced that the traffic generation will not create a problem; however, it is not a volume or flow problem, it is tied more to safety which the City is addressing through the Traffic Way Streetscape Plan; 'Disappointed that reduced density will reduce impact fees to solve some of the traffic problems; Disappointed that a pedestrian bridge is not included; Satisfied that that the Neighborhood Plan addresses infrastructure for the area; Preferred higher density as there is less opportunity for affordable housing; Satisfied that the buffer is sufficient; need to refine the buffer policy; Supported the 5-year mitigation monitoring plan for proposed measure 2.2; Supports the project; meets all the General Plan objectives; and will be a good addition to the community; Supported keeping the riparian area in the bioswale; Agreed that Architectural Review Committee should have final design review and approval. Mayor Ferrara provided the following comments: - Acknowledged the many letters received regarding the project; one in particular concerning preservation of the City's agricultural heritage; Reflected on the 2001 General Plan update when agriculture conversion was studied and his voting history to preserve agricultural zoning on certain properties; Supported 30-40 foot spacing between street trees with 24-gallon trees; Would not support allowing secondary units in this project; Supports a pedestrian bridge if it will work to increase circulation; referred to letter from LMUSD which expressed concerns; however, City should pursue while being mindful of sensitive issues surrounding the creek; Referred to agriculture issue and policies and pointed out the City's policy to promote agricultural production; big issue is to minimize and control the intrusion of flood waters through comprehensive drainage improvements; Acknowledged traffic issues; need to improve "dirt" Cherry and address traffic safety issues on E. Cherry; Agreed with Council Member Costello regarding mitigation of prime soils and the potential for setting a precedent; would rather see the applicant work with neighbors to create a community garden instead of requiring mitigation of one acre of prime soils; Agreed with incorporating language in mitigation measure 2.2 regarding maintenance related to the agriculture buffer; Believes that the agriculture buffer policy has flexibility to review and determine appropriate distances on a case-by-case basis; 1____ Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 14,2006 Page 12 - Acknowledged that this was a tough decision; however, there is an opportunity for critical City- wide drainage improvements which will help to return the backyards on Noguera Place by abandonment of the easement; to utilize infrastructure in the form of utilities to implement a good neighborhood plan; and to provide additional housing for families in the community; - Supported the project. Further discussion ensued regarding improvement of E. Cherry, tree spacing requirements, a monitoring plan for the agricultural buffer, traffic issues from Highway 101 onto Traffic Way, open space, and clarification that State law and City Code regulate secondary units. Action: Council Member Arnold moved to adopt the revised and recirculated Mitigated Negative Declaration, Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Arnold, Costello, Ferrara Guthrie Dickens Council Member Arnold moved to introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP TO DESIGNATE THE SUBJECT PROPERTY AS SINGLE-FAMILY RESIDENTIAL (SF); DEVELOPMENT CODE AMENDMENT 06-003, APPLIED FOR BY THE CITY OF ARROYO GRANDE FOR PROPERTY LOCATED EASST OF NOGUERA PLACE AND NORTH OF EAST CHERRY AVENUE EXTENSION" and further moved to take tentative action to approve Vesting Tentative Tract Map No. 04-002 and Planned Unit Development No. 04-002 and direct staff to return with a supporting Resolution as modified, that the Design Guidelines go back to the Architectural Review Committee (ARC) for final review; that improvement of "dirt" Cherry is included in the proposal and that there be a 3-way stop sign at Branch Mill and E. Cherry; that the tree spacing be a minimum of 40 feet; that the fence on the Cherry Creek side of the bioswale be removed; that Mitigation Measure 2.2 include a 5-year monitoring plan of the buffer similar to Mitigation Measure 4.2; that the 24-gallon trees remain; and adding language that ensures the affordable housing units are built in a timely manner. Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Arnold, Costello, Guthrie, Ferrara None Dickens (recused) Action: Council Member Arnold moved to introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP TO DESIGNATE THE SUBJECT PROPERTY AS SINGLE-FAMILY RESIDENTIAL (SF); DEVELOPMENT CODE AMENDMENT 06-003, APPLIED FOR BY THE CITY OF ARROYO GRANDE FOR PROPERTY LOCATED EAST OF NOGUERA COURT AND NORTH OF EAST CHERRY AVENUE EXTENSION". Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Arnold, Costello, Guthrie, Ferrara None Dickens (recused) , Council Member Dickens returned to the dais. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 14,2006 Page 13 11. NEW BUSINESS ITEMS None. 12. CITY COUNCIL MEMBER ITEMS a) Request staff to provide alternatives for consideration of changes to traffic study requirements in the City's traffic study policy. (ARNOLD) Council Member Arnold requested, and the Council unanimously concurred, to direct staff to provide alternatives for consideration of changes to traffic study requirements in the City's traffic study policy for consideration at a future Council meeting. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS Colleen Martin, Olive Street, referred to the traffic safety issues at Traffic Way and E. Cherry which need to be resolved and suggested that parking should be prohibited on Traffic Way in front of the Five Cities Swim Club adjacent to the agricultural land. 17. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 11 :30 p.m. ,;) .A. ..../ / jM&.A.4_- Tony Fer.r ATTEST: ',1/. J ! '--::-tSi.)i ;; ii" i i it ' / -J! ?!. 0 '. ..Go'] C. U--<.. 'f" i vU..-. U'- Kelly WetlnorefCity Clerk/Agency Secretary \ (Approved at CC Mtg I -'i -"Ice'] )