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Minutes 2001-07-31 SP MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, JULY 31, 2001 COUNCIL CHAMBERS, 214 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Special City Council meeting to order at 7:00 p.m. He announced that this was the first time that an Arroyo Grande City Council meeting had been televised. He said it was a live telecast for the citizens of Arroyo Grande and hoped it would encourage more people to become interested and participate in City government. He introduced Steve Mathieu of AGP Video, who contracted with the City and Charter Cable Television to present the meeting on television. Mr. Mathieu said the meeting and those televised in the future would be shown live on Channel 62 and would be rebroadcast at 9:00 a.m., 6:00 p.m., and 1 :00 a.m. Mr. Mathieu said there would be room for more public information on the channel. 2. ROLL CALL City Council: Council Members Lubin, Dickens, and Runels; Mayor Pro Tern Ferrara, and Mayor Lady were present. City Staff: City Manager Adams, City Attorney Carmel, City Clerk Davis, Director of Community Development McCants, and General Plan Update and EIR Consultant Rob Strong, AICP. 3. FLAG SALUTE Mayor Lady led the Pledge of Allegiance to the Flag. 4. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS ON ITEMS NOT ON THE AGENDA None. 5. CONSIDERATION OF THE 2001 GENERAL PLAN UPDATE POLICY DOCUMENTS AND ELEMENTS AND FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) Community DeveJopment Director McCants discussed the staff presentation for this meeting. He said Council questions of staff would be followed by pubJic testimony on the process, Final EIR, GeneraJ Plan Update, and issues of concern. He said another hearing is scheduled for August 16, 2001, for the presentation of Element objectives and policies, with particular focus on proposed changes from the 1990 Special City Council Meeting July 31,2001 Page 2 General Plan. He said a hearing has been tentatively scheduled for August 23, 2001, at which time the City's General Plan Update traffic consultant, Higgins and Associates, will present and explain the Traffic Mbdel Analysis Findings and Conclusions. Mr. McCants said final Council action is anticipated to take place September 11, 2001. Mr. Strong, General Plan Update and EIR Consultant, discussed the following: 1. A summary of the 2001 General Plan Update process to date and the remaining steps required for adoption; 2. A presentation of the draft EIR Summary of Impacts, Table EIR-1, pages EIR 12 through 15; 3. Comments received and response topics on revisions or additions to General Plan policies; areas of controversy - Land Use Changes and AJternatives; build out population, and potentially significant impacts - water resources, traffic/circulation/transportation, and air quaJity. 4. Overview and highlights of 2001 General Plan Update and Planning Commission Recommendations concerning Planning Area, Sphere of Influence, County Fringe, Urban Area, Land Use, and Circulation Classifications, in addition to Element by Element objectives and major policies. There were no Council questions of the staff. Mayor Lady opened the Public Hearing. Members of the Public speaking to the Council were: Steven Smith, 762 Los Ciervos Court John Farnsworth, 407 E. Cherry Avenue Heather Jensen, 569 May Street Matt Janowicz, 527 Crown Hill, Apartment A Tony Janowicz, 447 Lierly Lane Bruce Berlin, 221 Avenida de Diamante Gary Kobara, 2595 Gracia Way Jan Scott, 520 Via Vaquero Reuel D. Estes, 811 E. Cherry Avenue Dennis Allan, 690 Heritage Paul B. Farrell, 765 Asilo Cindy Fear, 317 E. Cherry Wayne King, 965 Airport, San Luis Obispo Jayme Wachtel, 500 E. Cherry Avenue Grace Mitchell Berg, 432 La Canada Frank Lindner, Arroyo Grande Paul Karp, 596 Woodland Drive Special City Council Meeting July 31,2001 Page 3 Lee Webb, 116 Vista Drive William Kapp, 617 Woodland Drive Victor Tose, 295 Alder Street Douglas T ait, 645 AsiJo Robert Brownson, 653 Asilo Vard Ikeda, 1276 Branch Mill Road Jerre D. Sumter, 575 Via Las Aguilas Chuck Fellows, 507 LePoint Street Linda Osty, 309 E. Cherry Avenue Don Gullickson, 513 E. Cherry Avenue Cindi Oberg, 613 Grove Court Mike Titus, 404 Lierly Patty Welsh, 1151 Pradera Court L. E. Vandeveer, 756 Myrtle Street Karen Cross Harmon, 390 Mercedes Lane Ed Dorfman, 285 La Cresta Citizens spoke for and against the following General Plan Update potential reclassifications of land: 1. Reclassifying to residential 12 acres of agriculture land South of East Cherry Avenue and East of Traffic Way - frontage. 2. Reclassifying from Residential Rural to Single Family Residential, Medium Density (subject to a neighborhood development plan) 22 acres on East Myrtle, East Cherry and East Cherry Extension East of Noguera Place and South of Arroyo Grande Creek, including Lierly Lane. 3. Reclassifying a parcel in Royal Oaks Estates from Planned DeveJopment to Single Family Residential Low Density with Planned Development combining designation allowing a maximum of 20 dwelling units at one dwelling unit per 1.5 acres, exclusive of the tree preservation easement area shown as Conservation/Open Space. 4. Reclassifying a parcel of land at 1110 Sunset Drive (A through G) from the currently zoned designation of 11 units per acre (multi-family apartments) to Single Family Residential, Medium Density. 5. Reclassifying parcels at 295, 279, and 265 Alder from Single Family Residential to MuJti-family, Very High Density. 6. Reclassifying 26 acres in Rancho Grande on La Canada from Planned Development to Conservation/Open Space and Planned Development combining Special City Council Meeting July 31, 2001 Page 4 designation allowing one dwelling unit per five acres (enabling up to five units subject to Planned Development approval). 7. Changing the General Plan Update to add "Professional Offices" to the already existing "Light Manufacturing" section beginning on Page ED-3, the language reading "Light Manufacturing/Professional Offices." 8. Reclassifying land at 1273 Branch Mill Road from Agriculture to Single Family Residential, Medium Density. In addition to Jetters submitted by speakers, there were letters received concerning severaJ of the above topics from Ron Nisbett and David and Michele Norwood, all of Arroyo Grande. Several citizens made suggestions for either improving the General Plan Update document or the City in general, as follows: 1. Making the Design Guidelines for the Village stronger. 2. Developing a program to preserve the City's mature street trees. 3. Having two copies of the General Plan Update and EIR at the South County Library so one could be "checked out" by citizens. 4. Requesting that the proposed Arroyo Linda project be described in the General Plan Update as "potentially" not "ultimately" in the City's service area. 5. Doing an annual inventory of the City's water and consistently enforcing the findings. 6. A petition containing 43 signatures of residents of Grove Court, Fieldview Place, Hillside Court, Farmhouse Place, Sierra Drive, and Los Olivos reading, "The 2001 General Plan Update contains several proposed changes in our area (items # 7 & 8) which will affect our neighborhood (the Village Homes). The issues are: traffic, water drainage/flooding, water usage, and aesthetics. As homeowners, we want to be informed with good information such as names of streets on maps and in a timely manner. We also want to be involved regarding these changes before they occur." After all speakers were heard, Mayor Lady closed the Public Hearing and Council Members made comments and asked questions of staff. Special City Council Meeting July 31,2001 Page 5 Council Member Runels asked a question with regard to the future affect on owners of land in Area 9 around Valley Road. Mr. Strong said the land use designations of Area 9 in the Update are open for alternative policies. Council Member Lubin said he was concerned that one speaker said the public was discouraged from participating in this General Plan Update process. Mr. Strong said public input was encouraged and General Plan Amendments may be made four times a year. Mr. McCants said approximately 3,000 notices on the General Plan Update were sent to residents and all the documents are available on the City's Website. Council Member Lubin asked staff to address the designation of Specific PJan, which is recommended for Arroyo Linda. Mr. Strong said the area Council Member Lubin referred to, unlike all the areas of the City, lacks any underlying land use designation in the Update. He said it was an intentional direction from City officials. He said at this stage anything might happen. It may remain agricultural, hillside, rural residential, or residential hillside designations; it may never be subdivided; it may be subdivided tomorrow. He said a Specific Plan and an Environmental Impact Report would have to occur before any development. He said the 185 acres adjacent to the City is within the adopted Sphere of Influence and also is shown as a potential Specific Plan Reserve. Council Member Lubin asked the City Attorney for clarification on the impact the General Plan Update would have on Tract 1998, the 26 acres in the Rancho Grande area located on La Canada street. City Attorney Carmel said the project is a vesting tentative tract map and under California law the City can only impose the law that was in effect at the time the application for that map was determined by the City to be complete. He said in this case the applicable date was either April or May ( 2001), which means that the General Plan Update that was the subject of the meeting and that had not yet been adopted, would have no impact on that particular vesting map application. Council Members Lubin and Mayor Lady expressed concern about a large Magnolia tree recently cut down by the City. City Manager Adams said the tree roots were damaging the sidewalk and street, any further trimming of the tree roots would have jeopardized the tree, and it was decided the tree should be cut down. Mayor Lady asked staff to notify the Council before cutting down trees in the future. Council Member Dickens asked about AB947 concerning pesticide use in farming. Mr. Adams said the bill creates some new requirements on school districts within certain areas of agriculture in terms of preparing emergency plans. He said it gives the County Agriculture Commissioner additional authority over setting buffers and Special City Council Meeting July 31,2001 Page 6 other requirements and regulating or restricting practices at agriculture properties within certain distances of hospitals, schools, and other sensitive facilities. He said the Agriculture Commissioner did not feel the bill would impact properties within Arroyo Grande. Council Member Dickens said there may be some public confusion about the designation as Specific Plan on the Arroyo Linda project and wondered if there is another way to identify that property without referencing it as the Arroyo Linda Crossroads. Mr. Strong said specific name references could be deleted and map or map numbers used, but they might add more confusion. Council Member Dickens asked if when Mr. Strong was making assumptions regarding Arroyo Linda Crossroads was he only talking about water, traffic, and infrastructure on the property within the City. Mr. Strong said there are some references in the Update to Phase 2, which is outside the City limits, but those are strictly hypothetical and the analyses reveal that there are substantial infrastructure constraints. Council Member Dickens asked for information on where the City stands with regard to its water resources and possible "triggers" that could be put in place to make sure water resources are not depleted. Mr. Strong discussed sources of City Water. He said the most conservative approach would be to take the "drought yield" and try to live within that amount. He said, if necessary, conservation measures, enforceable mitigation, and growth controls could be started. He suggested the Council revisit the issue with more qualified individuals such as the Public Works Director and water use consultants at the next General Plan Update meeting scheduled for August 16, 2001. Mayor Pro Tern Ferrara said the document labeled "Circulation Element" is the Traffic Analysis for the Circulation Element. He asked about making the Village Design Guidelines more stringent and what progress has been made on the matter. Mr. McCants said staff had met with the Architectural Review Committee on the matter, but because of the department's workload and reduced staff, it would be October before the stronger guidelines are completed. Mayor Pro Tern Ferrara asked for more explanation of the requests for reclassification of the properties on Sunset and Alder. Mr. Strong said if the Sunset property designation is left the same as in the 1990 General Plan, it would not be included in the 2001 General Plan Update. He said if Council agreed to the request to change the Alder property to Multi-Family, Very High Density, it could be listed that way in the 2001 Update and the property owner could apply for are-zoning. Special City Council Meeting July 31, 2001 Page 7 Mayor Pro Tem Ferrara requested further information about the Arroyo Grande ground water basin possibly being larger than what is believed at this time, and City Manager Adams said the matter would be discussed at the next General Plan Update meeting on August 16, 2001. Mayor Lady asked staff for some insight on the Vanderveen property history. Mr. Strong said the Vanderveen land does not fit the criteria for a "widowed parcel" and therefore has not been given the chance to be considered for conversion from agriculture. He said before he became the General Plan consultant, three or four property owners in the. Branch Mill Road area had requested that their land be given consideration and the City had denied their requests. Council Member Runels said Mr. Vanderveen had been denied a well and asked what is going to be the City's policy on agriculture wells in the future. Council Member Dickens said Mr. Vanderveen had been denied a well for domestic use, not agriculture use. Mr. Strong suggested if there is not enough ground water for Mr. Vanderveen, maybe the City could do some trade offs on water. After Mr. Strong brought up for comparison a parcel on Farroll Road, Mayor Pro Tern Ferrara said that the criteria for the Council looking at that property were the limitations created the quality of the soil. He said the Council referred directly to the CASP Study and the fact that the soils there could only grow strawberries. He also said adjacent residents objected to the use of one special pesticide on the strawberries. 6. ADJOURNMENT At 10:56 p.m. Mayor Lady continued the Public Hearing to a Special Meeting on Thursday, August 16, 2001, at 6:30 p.m. in City Council Chambers, 214 E. Branch Street. MiCha~IA. ~4 Attest: 17tU~a. ~ Nancy A. Da s, City Clerk