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Minutes 2004/02/02 8185 Regular Meeting . February 2, 2004 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Invocation' Pastor Damon Artison, Bethany Church of God, gave the Invocation. Posting The City Clerk noted that the agenda had been posted on January 28, 2004 at 10:20 a.m. Roll Call Present: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland Velasco, and Al Pinheiro - 7:00 p.m. Under Orders of the Day, the Mayor noted that Consent Calendar Item IlI.C. would be pulled for additional work and would be reagendized, and that Item VIII.A. would be continued to March 1,2004. Promoted Employee The following promoted employee was introduced: Joshua Valverde, Fire Captain, Fire Department. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Robert Sigala, Santa Teresa Boulevard, noted a letter from the City of Gilroy apologizing for some construction work done in front of his home on a holiday. He noted access concerns and timely notification to him. Chris Cote spoke regarding the proposed WalMart SuperCenter and the Gilroy Energy Independence Ordinance. Consent Calendar Motion was made by Councilman Valiquette, seconded by Councilman Morales and carried that the following items under the Consent Calendar be approved, removing Item III. C. Request for Acceptance ofImprovements for Tract No. 9401 for Newman Development Group of Gilroy, LLC, by the following Roll Call Vote: Ayes: Coun~ilmembers: Paul Correa, Robert T. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland Velasco and Al Pinheiro: Minutes Minutes of the Regular Council Meeting of January 20,2004; Prop. Impr. Agr. Revised Property Improvement Agreement No. 2003-04, Tract No. 9487, 2003-04 Gilroy Crossings, Regency Realty Group, Inc., a Florida Corporation; and Tract 9487 Claims Denied claims of Gerardo Ortiz and Jerome & Susan Martin. SPE 03-05 The Mayor noted a Small Project Exemption request to allocate 16 lots, fur a single family subdivision on 4.8 acres in an R1 (Single Family Residential) zone, located north of Rodeo Drive at Cheyenne Drive. Rancho Meadows Inc., applicant, SPE 03-05. Councilman Gartman recused himself from discussion and vote on this and the following item due to the proximity of his residence to the project, stepped down from the dais, and left the room. The staff report was noted and further explained by Planner II Polubinsky. Gerry DeYoung, representing the applicants, stated that he met with stafr on alternatives and after discussions, noted that he is going forward with the original applications. 8186 Chris Cote, Welburn Avenue, noted a concern that small project exemptions are becoming medium project exemptions. He stated that this is a pretty good project. He questioned whether the City could ask the developer to provide additional development funds to provide City services, as a condition for the approval of this small project exemption. Gerry DeYoung stated that he had spoken generically to Mr. Cote regarding these projects, and noted that they, as a developer, would play by the rules in place when they begin their approval process. He noted that the applicants did not go thru the ROO process, because they missed the window of opportunity, and were unaware of the process. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried (Councilman Gartman absent) to direct staff to prepare a resolution approving SPE 03-05. SPE 03-06 The Mayor noted a Small Project Exemption request to allocate 17 lots, for a single family subdivision on 9.6 acres in an Rl (Single Family Residential) zone, located north of Rodeo Drive, east of Cheyenne Drive. Camino Enterprise Corp., applicant, SPE 03-06. The staff report was noted and further explained by Planner II Polubinsky. Motion was made by Councilman Velasco, seconded by Councilman Dillon and carried (Councilman Gartman absent) to direct staff to prepare a resolution approving SPE 03-06. Councilman Gartman returned to his seat at the dais. Z 03-16 The Mayor noted an Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from R2 (Two Family Residential) to R2-PUD (Two-Family Residential- Planned Unit Development) on approximately 3.74 acres, located at 240 Farrell Avenue, APN 790-12-016, James Suner, applicant, Z 03-16. Motion was made by Councilman Valiquette, seconded by Councilman Gartman and carried to read the ordinance by title only and waive further reading of the Ordinance. The City Clerk read the ordinance by title only. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilman Velasco voting no) to introduce an Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from RI (Single Family Residential) to R2-PUD (Two-Family Residential- Planned Unit Development) on approximately 3.74 acres, located at 240 Farrell Avenue, APN 790-12-016, James Suner, applicant, Z 03-16. Z 03-15 The Mayor noted an Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from Al (Agriculture) to RI-PUD (Single Family Residential- Planned Unit Development) on approximately 19.2 acres at the intersection of Thomas Road, Mesa Road and Miller Avenue, APN 810-28-001, Skip Spiering, applicant, Z 03-15. Jim Fletcher of Boulder, Colorado, presented some additional information received since the last meeting. He commented that Skip Spiering stated that in concurrence with Fish & Game that they had an agreement to have picnic tables and to provide a passive area for people to enjoy the area. He also commented that Mr. Spiering stated that plans for a breeding pond on the Mesa Ridge development were in the plans from the beginning. He noted that Mr. Ruby stated that Fish & Game and U.S. Fish and Wildlife Service concurred with the breeding pond. He noted that Mr. Spiering stated that Fish & Game agreed that under proper conditions that they would allow some picnic tables along the north side of the entrance road. He noted that Ms. Wissler stated that Fish & Game had agreed to the mitigation that was before the Council on January 20,2004. He distributed an Email from David Johnston of the Department ofFish & Game and noted that 8187 this Email does not seem to agree with what Mr. Spiering and others stated. He emphasized that this is not what the Council made their decision on and asked that this process be continued for additional information. Bruce TIchinin, Monterey Street in Morgan Hill noted that he is co-counsel with Mr. Christopher representing Ms. Christopher, replacing Ms. Schue. H(~ distributed a packet of information regarding this application. He stated that he would be presenting information that the Council had not heard before, and noted a significant danger presented to the City and added that he would present id(~ in which the City can avoid the danger regarding the environmental impact process noticing. He stated that Ms. Christopher's fundamental constitutional rights and due process were violated. He explained that the two adjoining projects havt~ not been treated equally on the basis of mitigation. He stated that Ms. Christopher should have been noticed prior to any action being taken. He noted that the City has approved a Tentative Map and environmental documents, which is a quasi- judicial decision. He stated that the cure would be for the City to start the environmental process over. Robert Christopher stated that he is not here to anger anyone. He displayed the map presented two weeks ago, showing the new breeding pond, a tot lot, and picnic tables. He noted that Mr. Spiering stated that this map was approved by the Department ofFish & Game, which he commented "we know is not true." He noted that this project changes regularly. He also stated that he had heard th.lt Ms. Christopher's project is no longer viable, which will cause financial hardship to her. He distributed a copy of the proposed resolution with red marks showing ma1terial flaws with the mitigation efforts and the inaccuracies in the resolution. He questioned why the developer misled everyone two weeks ago. He requested a brief postponement to see if the parties could work something out. Bruce Tichinin stated that the City does not have an adequate, stable, and finite project description for CEQA purposes, because it is not clear which map the City is approving, which project is involved, and there no substantial evidence to support many of the findings to be made. Tom Ruby, representing the developer, explained that ifthere is a violation regarding the notice issue, it is not fatal to the process and it can be overcome. He stated that the notice provisions ofCEQA were complied with, explaining that the individual adjacent land owners are not required to be sent notice. In answer to a question regarding the time limits, he explained that the notice of availability of the EIR is a 45 day review period. He stated that Ms. Christopher knew of the project early in the project and she did participate in the process and had comments submitted regarding her concerns. He commented that she has participated in the process. He stated that based on the analysis of the EIR, modifications were proposed to the project during the EIR process, which is permissible and can be done. He stated that all impacts of the proposed project have been addressed. He noted that there was some question about Fish & Game and what they would or would not accept in terms of mitigation measures. He noted the offer of the applicant, that the applicant's biologist recommended a breeding pond, and that is still there and is being considered. He stated that if the Council agrees that the breeding pond is a good idea, that the resolution clearly state that the breeding pond be included if the resource agencies will approve it. Skip Spiering noted that the Tentative Map is not up for approval tonight, but noted that a condition of the Tentative Map was that an alternate tot lot site he provided, which is what sheet 1 of the Tentative Map shows. He explained that the pond is shown on page 2 of the Tentative Map. He noted that sheet 1 ofthe Tentative Map shows that they are complying with the condition of a second tot lot, eliminating one lot. He stated that they are complying with one of the requirements, that there are now 59 lots, rather than 60 lots to accommodate the requirements. He stated that they are complying with the request of Dave Johnston of the Department ofFish & Game, since the picnic tables are not proposed to be permanent. 8188 City Attorney Callon stated that the notice issue had been addressed by the applicant's attorney. She noted the record that there had been actual notice and actual participation by Ms. Christopher in the process, so she stated that she is not concerned about the notice issue. She commented regarding the breeding pond issue, that the Tentative Map is not before the Council tonight, just the zoning and the CEQA issue, which does include a proposal that the breeding pond be part of the mitigation plan. She noted Mitigation Measure #4 that requires the developer to present a habitat monitoring plan to U.S. Fish & Wildlife and the Department of Fish & Game. She noted that the biologist and environmental consultant have suggested that that plan include certain things, including a breeding pond. She stated that if the Council wished to move forward tonight, the resolution wording could be tweaked to explain clearly that that is "only upon approval ofFish & Game and U.S. Fish & Wildlife." She stated that the Council can adopt the resolution of findings as long as changes about the breeding pond are included. She stated the Council would then move on, if they wanted to tonight, to introduce the zoning ordinance for approval. Res.2004-10 Motion was made by Councilman Valiquette, seconded by Councilman Morales and carried to adopt Resolution No. 2004-10 making certain findings required by the California Environmental Quality Act (CEQA) in connection with the Mesa Ridge Project, APN 810-28-001, for which an Environmental Impact Report has been prepared, and adopting the mitigation measures and approving a mitigation monitoring program for the project. RESOLUTION NO. 2004-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION WITH THE MESA RIDGE PROJECT, APN 810-28-001, FOR WHICH AN ENVIRONMENTAL IMP ACT REPORT HAS BEEN PREPARED, AND ADOPTING THE MITIGATION MEASURES AND APPROVING A MITIGATION MONITORING PROGRAM FOR THE PROJECT. PASSED AND ADOPTED this 2nd day of February, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to read the ordinance by title only and waive further reading of the ordinance. The City Clerk read the ordinance by title only. Motion was made by Councilman Valiquette, seconded by Councilman Morales and carried to introduce an Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from Al (Agriculture) to RI-PUD (Single Family Residential- Planned Unit Development) on approximately 19.2 acres at the intersection of Thomas Road, Mesa Road and Miller Avenue, APN 810-28-001, Skip Spiering, applicant, Z 03-15, with the amendment on page 1, paragraph 4 to change January 14,2004 to January 20, 2004. Utility Under- The Mayor noted an Ordinance of the City Council of the City of Gilroy Grounding amending Sections 21.111, 21.113, 21.118, and 21.120, and repealing Sections 21.112, 21. 114, 21. 115, 21. 116, 21. 117, 21. 119, 21. 121, 21. 122, and 21. 123 of Article V of Chapter 21 of the Gilroy City Code pertaining to requirements for undergrounding of utilities. The Mayor noted that this item would be reagendized to March 1, 2004. The following informational items were noted with no separate discussion on same: Legislation: A&CCom. 11-12-03 8189 Letter to Senator Joe Dunn noting the City of Gilroy opposition to SB744, HCD State Housing Accountability Committee. Customer Service: Email of thanks from Brock Prather to all the volunteers who helped with the Ochoa Shopping Spree; Email of commendation from Sami Hernandez to Corporal Jim Callahan and Officers Randall Bentson, Michael Bolton, and James GUlio for their professionalism and decision making; and Letter of appreciation from Mary Cutter for the assistance of Jeff Castro and Marshall Silva. Informational items: Letter from Suzanne St. John-Crane regarding the one year anniversary of CMAP (Community Media Access Partnership); City of Gilroy Investment Report dated December 2003; Letter to Neelima Palacheria, LAFCO, regarding comments on the draft RFP for Countywide Water Service review; and Notice of application for an electric rate increase for replacement of Unit 1 and Unit 2 steam generators at the Diablo Canyon Nuclear Power Plant. The minutes of the Arts and Culture Commission meeting of November 12, 2003 were noted. Gang Task Force The minutes of the Gilroy Gang Task Force meeting of January 6,2004 were 1-6-04 noted. Library Com. 11-12-03 P&RCom. 11-18-03 Sr. Adv.Bd. 11-17-03 Youth Com. 11-10-03 12-8-03 The minutes of the Library Commission meeting of November 12,2003 were noted. The minutes of the Parks & Recreation Commission meeting of November 18, 2003 were noted. The minutes of the Gilroy Senior Advisory Board meeting of November 17, 2003 were noted. The minutes of the Gilroy Youth Commission meetings of November 10,2003 and December 8, 2003 were noted. The City Administrator distributed a rough draft of the Comprehensive Fee Schedule. Councilman Dillon noted the Memorial Day parade coming up and that Councilman Correa has joined the Memorial Day parade planning team. Councilman Valiquette congratulated Josh Valverde as the new Fire Captain. The Mayor asked if the Council has an interest in reviewing the Gilroy Energy Independence Ordinance requested by Mr. Cote. The consensus of the Council was to agendize discussion for the June mini-retreat. Councilman Velasco noted for the record that for Item VII.C.2. that he meant his vote to be no, and for that change to be reflected in the minutes. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 8190 FEBRUARY 2004 2 Tour of Museum - 6:00 p.m., 195 Fifth Street, Gilroy 2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 4 Ouarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., Gilroy Unified School District Administration Office Board Room, 7810 Arroyo Circle, Gilroy 9 Workshop for CouncilmembersIBoardmembers/Commission Members on the Brown Act Conflict ofInterest. and Meeting Procedure - 6:30 p.m., Gilroy Senior Center Main Hall 10 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy 10 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 11 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 23 Joint City Council/Planning Commission Study Session - Cffi - 6:00 p.m., Gilroy City Council Chambers 24 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 24 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 25 Ag Mitigation Task Force -7:00 p.m., Gilroy City Council Chambers MARCH 2004 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 9 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 10 Ag Mitigation Task Force -7:00 p.m., Gilroy City Council Chambers 15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 23 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 16 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 24 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center Main Hall APRIL 2004 5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 13 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 14 Ag Mitigation Task Force -7:00 p.m., Gilroy City Council Chambers 19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 20 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 28 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers Adjournment At 8:48 p.m. the Mayor adjourned the meeting to the meeting of February 17, 2004. Respectfully submitted, ),/' L' /'\'//1/' 4< ' __ / L 1/ CeCA :.--C-t. l..1-..~. /s! RHONDA PELLIN, CMC City Clerk