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Minutes 2002/06/13 7921 Special Meeting June 13,2002 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Posting Agenda The City Clerk noted that the agenda had been posted on June 4,2002 at 10:00 a.m. Roll Call Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer - 6:33 p.m. Pub. Hearing GPA 99-01 ,The Mayor stated it was the time and place scheduled for a Public Hearing to consider the land use determination on property located along Miller Avenue, southwest of Santa Teresa Boulevard (37.19 acre parcel, APN 810-23-005). City of Gilroy, applicant, GP A 99-01. The staff report was noted and further explained by Planning Division Manager Faus. The Mayor opened the Public Hearing. Ernie Filice noted that his family is a part owner of the subject parcel. He noted that they concur with the "Rural Residential" designation for the entire parcel. Eric Still stated that he was under the impression that this parcel was going to be developed as a park. He stated that the City of Gilroy needs more park space. Facilities & Parks Development Manager Headley explained that this parcel was not looked at for use as a park. The Mayor closed the Public Hearing. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to designate parcel APN 810-23-005 as "Rural Residential". GPA 99-01 The Mayor noted a hearing on the General Plan Update. The proposed 2001 Update ofthe City of Gilroy's General Plan document is the first comprehensive update of the General Plan since its initial adoption in November, 1979. The proposed 2001 General Plan Update provides a guide for the physical development of the City, and brings the Plan into conformance with changes in State law and other legal requirements; reflects changes in the local population and economy since 1979; incorporates the most recent projections and assumptions regarding future growth; responds to the issues, challenges and opportunities created by recent trends and developments. The proposed 2001 General Plan Update includes goals, policies and programs regarding State-mandated general plan elements (Land Use, Circulation, Housing, Open Space, Conservation, Safety, and Noise), and "optional elements" (Agriculture, Air Quality, Cultural Facilities, Economic Development, Growth Management, Historic Preservation, Parks and Recreation, Scenic Highways, Schools, and Water Supply and Quality) to the year 2020.City of Gilroy, applicant, GPA 99-01. (At 7:00 p.m. Councilman Morales left the Council Chambers and returned at 7:01 p.m.) The staff report was noted and further explained by Planning Division Manager Faus. 7922 David Collier, representing SOS (Save Open Space), noted major points from the Shute, Mihaly & Weinberger LLP letter of June 13,2002. He noted that the EIR contains new information and that agencies have not had a chance to comment on the changes. He noted that the mitigation measures were weakened. He asked that the General Plan not be adopted until the EIR is recirculated. Connie Rogers, also representing SOS, noted that the projects in north county have a cumulative impact on Gilroy because they have an impact on the agricultural land, traffic, air quality, and habitat. She noted in the Strategies document that the 20 year line can be modified at the time of the General Plan update or a comprehensive update of the land use inventory. She noted that SOS is concerned with the internal inconsistencies in the Plan. She stated that they disagree with the findings that were made, specifically with agriculture. She noted that the voice of the citizens is being overridden by the Councilmembers. She stated that this Plan should not be approved tonight, and that the City should recirculate the EIR document. (At 7:57 p.m. Councilman Dillon left the Council Chambers and returned at 7:59 p.m.) (At 8:02 p.m. Councilman Morales left the Council Chambers and returned at 8:03 p.m.) Anne Crealock, Greenbelt Alliance, presented postcards from Gilroy residents regarding keeping the 660 acres out of the General Plan. She stated that some of the cumulative impacts were not fully addressed regarding agricultural land. She noted some statistics regarding agricultural land. She stated that many agencies were not able to see the changes in the mitigation measures, since the EIR was not recirculated. She noted some language changes in the EIR that weakened the language. She noted the change in the LOS designation can affect the citizens in that area. Craig K. Breon, Santa Clara Valley Audubon Society, noted some disturbing changes regarding natural resources that were made in the EIR document. He noted that in the original document, he was impressed with several areas. He noted that many of the mitigation measures were gutted during the review process. He noted that with the changes, the City cannot guarantee that the mitigation measures will be done. He stated that the EIR should be recirculated. (At 8:18 p.m. Councilman Gartman left the Council Chambers, and returned at 8:20 p.m.) Peter MacDonald, on behalf of the 660 property owners, stated that hopefully this process is nearing completion. He presented a letter regarding the EIR mitigation measure modifications proposed by Mayor Springer. (At 8:29 p.m. Councilman Dillon left the Council Chambers, and returned at 8:32 p.m.) At 8:32 p.m. the Mayor called for a recess, after which he recalled the meeting to order. The City Attorney reviewed the statutory basis for the fact that the Addendum was not recirculated. She reviewed points in the Shute, Mihaly & Weinberger LLP letter of June 13, 2002. Allison Imamura reviewed the points in the letter from the Santa Clara Valley Water District. The Mayor requested wording in the EIR to note the proposed wetlands by the South County Regional Wastewater Authority. Keith Higgins, Traffic Consultant, reviewed the traffic impacts and LOS standards. 7923 Traffic Engineer Abrams reviewed the LOS standards set in adjacent local jurisdictions. (At 9:39 p.m. Councilman Morales left the Council Chambers, and returned at 9:40 p.m.) (At 9:47 p.m. Councilman Dillon left the Council Chambers, and returned at 9:49 p.m.). (At 10: 15 p.m. Councilman Gartman left the Council Chambers, and returned at 10:17 p.m.) (At 10: 1 7 p. m. Councilman Pinheiro left the Council Chambers, and returned at 10:21 p.m.) Motion was made by Mayor Springer, seconded by Councilman Pinheiro and carried (Councilmembers Dillon, Gartman, and Morales voting no) to adopt 4.4-A as modified by Mayor Springer. Motion was made by Mayor Springer, seconded by Councilman Pinheiro and carried (Councilmembers Arellano and Morales voting no) to add new sections 4.5-A, 4.5-B as modified, and 4.5-C at the beginning of section 4.5. Motion was made by Mayor Springer, seconded by Councilman Dillon and carried to modify the wording of 4.12-A to create two bullets out of bullet #5, restore the 3: 1 ratio wording in 4.12-C, and reword 4.12-D. Motion was made by Mayor Springer, seconded by Councilman Dillon and carried to modify the wording of 4.12-A to state "alternatively setbacks for individual developments can be established through the required regulatory permits." (At 10:39 p.m. Councilman Morales left the Council Chambers, and returned at 10:40 p.m.) Motion was made by Councilman Pinheiro, seconded by Councilman Dillon and carried (Councilmembers Arellano and Morales voting no) to certify that the City Council has reviewed and considered the information in the EIR, that the EIR is complete and in compliance with CEQA, and that the EIR reflects the independent judgment of the City. Res.2002-40 Motion was made by Councilman Dillon, seconded by Councilman Gartman and carried (Councilmembers Arellano and Morales voting no) to adopt Resolution No. 2002-40 adopting the Gilroy General Plan 2002, GPA 99-01. RESOLUTION NO. 2002-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING GENERAL PLAN 2002, GP A 99-01. PASSED AND ADOPTED this 13th day of June, 2002, by the following vote; AYES: COUNCILMEMBERS: DILLON, GARTMAN, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: ARELLANO and MORALES ABSENT: COUNCILMEMBERS: NONE Res.2002-41 Motion was made by Councilman Dillon, seconded by Councilman Gartman and carried (Councilmembers Arellano and Morales voting no) to adopt Resolution No. 2002-41 making certain findings required by the California Environmental Quality Act in connection with the City of Gilroy General Plan GP A 99-01 for which an Environmental Impact Report has been prepared, and adopting mitigation measures and approving a mitigation monitoring program for the project, including the revisions noted at this meeting. 7924 RESOLUTION NO. 2002-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION WITH THE CITY OF GILROY GENERAL PLAN GPA 99-01 FOR WHICH AN ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED, AND ADOPTING MITIGATION MEASURES AND APPROVING A MITIGATION MONITORING PROGRAM FOR THE PROJECT. PASSED AND ADOPTED this 13th day of June, 2002, by the following vote; AYES: COUNCILMEMBERS: DILLON, GARTMAN, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: ARELLANO and MORALES ABSENT: COUNCILMEMBERS: NONE \': P&R Master Plan. The Mayor noted adoption of a resolution approving the Parks and Recreation Master Plan. The staff report was noted and further explained by the City Administrator. Res.2002-42 Motion was made by Councilman Dillon, seconded by Councilman Gartman and carried to adopt Resolution No. 2002-42 approving the Parks and Recreation System Master Plan. RESOLUTION NO. 2002-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE PARK AND RECREATION SYSTEM MASTER PLAN. PASSED AND ADOPTED this 13th day of June, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord.2002-09 Motion was made by Councilman Gartman, seconded by Councilman Dillon and carried to adopt Ordinance No. 2002-09 authorizing an Amendment to the Contract between the City Council of the City of Gilroy and the Board of Administration of the California Public Employees' Retirement System. ORDINANCE NO. 2002-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF GILROY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. PASSED AND ADOPTED this 13th day of June, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 JUNE 2002 13 * Special City Council Meeting (General Plan) - 6:30 p.m., Gilroy City Council Chambers 17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment 7925 JULY 2002 1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 22 WorkshopfDiscussion ofRDO Applications - 6:00 p.m., Gilroy Senior Center Meeting Room 23 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy AUGUST 2002 5*Regular City Council Meeting - 6:00 p.m., Gilroy City Council Chambers (NOTE TIME CHANGE) 13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 19*Regular City Council Meeting -7:00 p.m., City Council Chambers (CANCELLED) 27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy At 11 :05 p.m. the Mayor adjourned the meeting. Respectfully submitted, l' /. i ( j ur t - I .( ; '. /s/RHONDA PELLIN, CMC City Clerk