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Minutes 2002/04/08 ~886 Posting Agenda Roll Call General Plan Mitigation Measures Special Meeting Apri18,2002 Gilroy, California The Mayor called the Council to order at 6:38 p.m. The Mayor noted that Councilman Pinheiro had stated previously that he was not able to attend this meeting. He noted that Councilman Arellano's mother passed away, and that he will be adjourning this meeting in Mrs. Arellano's memory. He stated that he will have a moment a silence at the beginning of the next meeting in her memory. The City Clerk noted that the agenda had been posted on April 3, 2002 at 4:45 p.m. Present: Councilmembers: Robert T. Dillon, Craig Gartman, Charles S. Morales, Roland Velasco, and Thomas W. Springer; Absent: Councilmembers Peter D. Arellano (excused) and Al Pinheiro (excused) - 6:38 p.m. The Mayor noted review and direction to staff regarding mitigation measures for the General Plan Environmental Impact Report. The staff report was noted and further explained by the City Administrator and City Attorney Call on. Motion was made by Councilman Velasco, seconded by Councilman Dillon and carried (Councilmembers Arellano and Pinheiro absent) to direct staff to revise 4.4-A 1. to change the first word "Implement" to "Pursue the implementation of' and to end the paragraph with "that could include:" rather than "that would include:" . Council also requested a change to 4.4-A 2. that would change the first word from "Require" to "Investigate requiring" and to add after (LESA) Model "or generally acceptable methodologies." (At 7:31 p.m. Councilman Dillon left the Council Chambers, and returned at 7:32 p.m.). Erin Mitchell, Denise DuffY & Associates, spoke regarding the flood area, and asked that wording flexibility be included for this mitigation measure. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried (Councilmembers Arellano and Pinheiro absent) to direct staff to revise mitigation measures in 4.12-B that no specific distances be delineated, that more flexible language be used, to work with appropriate agencies regarding the setbacks from the creek area, on the last bullet to switch the second and third sentences in redeveloping City-owned land to pursue eliminating exotic invasive pest plants at that time, and to clarify language relating to "Floodplain" and "Floodway" . Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilmembers Arellano and Pinheiro absent) to revise mitigation measure 4.12-C to delete the first sentence of the second paragraph (first bullet), and reword the second sentence of the second bullet removing the stated ratio to allow a flexible ratio in consultation with appropriate resource agencies. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilmembers Arellano and Pinheiro absent) to change mitigation measure 4.12-D (the bullet) to add the wording "continue to" after The City of Gilroy should, and change the wording at the end from "shall be afforded similar protections" to "should be considered for similar protections." Adjournment 7887 Motion was made by Councilman Velasco, seconded by Councilman Morales and carried (Councilmembers Arellano and Pinheiro absent) to revise mitigation measure 4.13-A to change the beginning of the sentence to read "The City shall" to "The City may", and add some wording as to why this was added into the document. (At 8:15 p.m. Councilman Morales left the Council Chambers, and returned at 8:16 p.m.). (At 8: 16 p.m. Councilman Dillon left the Council Chambers, and returned at 8:17 p.m.). Donald George Perino stated that people are still going back and forth on the 660 acres. He noted that the waterways are vital and need to be clean. Keith Anderson, South Valley Streams for Tomorrow, thanked the Council for this discussion in public session. He noted his concern with the basic approach that the Council took on the mitigation measures. He stated that the qualified statements are not permitted under CEQA. He stated that the mitigation measures need to be definitive. He questioned the legality of the wording. Carolyn Tognetti, 820 Carignane Drive, noted 4.4 mitigation measures. She noted that the State of California Department of Conservation did not comment on the second document. She stated that she assumed that they were pleased with the mitigation measures in this document. She stated that she thinks that this mitigation measure is for the whole of the City, and not just for the 664 acres. The Mayor noted that mitigation measure 4.5 regarding traffic may need some changes. He noted a regional transportation plan by the Policy Advisory Board for the south county area. He stated that as that regional transportation plan is developed, it may supercede some of the General Plan wording. At 8:34 p.m. the Mayor adjourned the meeting in memory of Mrs. Arellano. Respectfully submitted, , tZ f r . ,-/ .-..< .,_.. , / ~'7 " ..i-"--/v~ I .', J ~. /_" /s/\ . RHONDA PELLIN, CMC City Clerk