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.
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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.
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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.
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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
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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