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Minutes 2009/10/19 r City of Gilroy City Council Meeting Minutes October 19, 2009 I. OPENING Mayor Pinheiro called the meeting to order at 7:03 p.m. and led the pledge of allegiance. .... - The invocation was given by Father Dan Derry of Saint Mary's Catholic Church. Mayor Pinheiro announced that the meeting would be adjourning in memory of former Gilroy City Council Member Everett Clare Wentworth. City Clerk Freels announced that the agenda had been posted on October 13, 2009 at 5:30 p.m. 9119 Roll Call Present: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Orders of the Day Mayor Pinheiro shared that Item VII.B. USA 08-04 Thomas Road had been pulled from the agenda by the applicant. C. Proclamations, Awards and Presentations II. PRESENTATIONS TO COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL. . There were no public comments. B. Presentation by California State Senator Elaine Alquist Senator Elaine Alquist spoke on recent budget issues and state take-backs, sharing the impacts on local government. She explained the legislative vote requirements to approve the state budget, and spoke on the realignment of the State and term limits. C. Annual Presentation of the Housing Advisory Committee Dennis Lalor, Chair of the Housing Advisory Committee shared the annual report. III. REPORTS OF COUNCIL MEMBERS Council Member Woodward shared his recent conversations with the Walter Schinke following Mr. Schinke's presentation on behalf of the Physically Challenged Board of Appeals. He explained that several of the issue brought up such as signalized intersections, safer routes on sidewalks, and ADA accessible bus stops were items he would be discussing with the City Transportation Engineer and bringing back to the City Council. MAYOR'S REPORT Mayor Pinheiro thanked the Public Art Committee for their work on the sculpture unveiling. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Woodward asked to agendize an item on the number of built-up RDO's; with analysis of the number in the queue, and what the build out would look like if it all took place in 2010. The Council agreed to agendize the item. Mayor Pinheiro asked to bring back the city's dog ordinance for review to specifically enhance the ordinance regarding pit bulls. Council Member Arellano asked to agendize an item on stray animals. The Council agreed to combine the two items on a future agenda. V.CONSENTCALENDAR A. Minutes of October 5, 2009 Regular Meeting 9120 B. Open Recruitment Period for Upcoming Vacancies on City Boards, Commissions and Committees C. Approval of Notice of Acceptance of Completion; Tract No. 9708, Lu Levitt Villas located at 7031 Monterey Road; APN 799-11-031 D. Acceptance of Final Map; Tract No.1 0018, Pacific Mobile Estates located at 500 West Tenth Street; APN's 799-31-004, 005 E. Approval of the City Emergency Operations Plan Mayor Pinheiro stated that he had reviewed the video of the October 5, 2009 Council Meeting. Motion on Consent Calendar Motion: to Approve Consent Items A, B, C, 0 & E Moved by Council Member Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VI. BIDS AND PROPOSALS A. Approval of Lease Agreement for Temporary Library Facility The staff report was presented by Development Center Manager Abrams. """"~ Public comment was opened. Gary Walton spoke on the lease to the City explaining that it would be a good for downtown businesses to have the library in the area. Public comment was closed. Motion on Item VI.A. Motion: to Approve Library Lease Agreement with Gary A. and Jean M. Walton for a Temporary Use at 7652 Monterey Road, and Authorization to the City Administrator to Execute Related Documents Moved by Council Member Bob Dillon, seconded by Council Member Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VII. PUBLIC HEARINGS Urban Service Area (USA) Amendments Staff Overview for USA 00-02 Wren Investors and USA 07-01 Lucky Day """"" The staff overview was presented by Senior Planner Ketchum. """'<<<vlllll' Doug Svensson Consultant from Applied Development Economics, Inc., shared his portion of the staff report regarding the analysis of the fiscal impacts of the USA applications. A. Urban Service Area Amendments USA 00-02, USA 07-01 Water Supply Assessment 9121 The Staff report was presented by Senior Planner Ketchum. Acting City Attorney Faber explained that under State Senate Bill 610, it was better to approve the water supply assessment prior to the Urban Service Area (USA) public hearing items. He then explained that the assessment could possibly be used as a source of data for a future USA. Public comment was opened. David Collier spoke on the use of the General Plan EIR asking if the golf course was included in the analysis. Environmental Consultant Adams shared the data on inclusion of the golf course. Public comment was closed. Motion on Item VII.A. Motion: to Adopt Resolution 2009-38 Approving the Water Supply Assessment for USA Amendments 07-01, 00-02 Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Cat Tucker C. USA 00-02 Wren Investors Urban Service Area Amendment Request to Include Approximately 48 acres of Land Located South of Vickery Avenue, East of Kern Avenue, and West of Wren Avenue into the City of Gilroy's Urban Service Area Boundary. Wren Investors (c/o Skip Spering), Applicant D. USA 07-01 Lucky Day Urban Service Area Amendment Request to Include Approximately 284.7 Acres of Land Located North of Hecker Pass and North and East of Burchell Road into the City of Gilroy's Urban Service Area Boundary, Lucky Day Partnership (c/o John Vidovich), Applicant The staff report was presented by Senior Planner Ketchum. Acting City Attorney Faber stated that the Council was combining the public hearings of both items, explaining that the administrative record for each item would reflect the full contents of the combined public hearings. The public hearings were opened on Items VII.C. and VII. D. (USA 00-02 Wren Investors and USA 07-01 Lucky Day). Skip Spering, applicant for USA 00-02, spoke on the likely future surge of development in the City and the ability to phase in his project's development as a neighborhood district, similar to what the RDO had done in previous years. He stated that the size of his project, it's location and the overall impacts on the City were the most important reasons to approve his annexation request. He then stated that the school district could benefit with the annexation as well as they owned a piece of property in it. John Vidovich, applicant for USA 07-01, spoke on the urban service area amendment for Lucky Day Ranch sharing the history of the project, environmental approvals in the late 1990's and the inclusion of the area in the Council approved 2002 Gilroy General Plan. He spoke on the preserved green space for trails and wild life, explaining that only 2% of the proposed area would be slated for residential development and the housing component was necessary to pay for the project. He then spoke on the increased capacity to the municipal golf course and then spoke on the endowment that would be created to preserve the trail system for the public. 9122 Gary Gillmor, applicant of USA 07-01 Lucky Day Ranch, stated that the annexation of the 282 acres would help to protect endangered species and open space to be saved in perpetuity for the citizens of Gilroy. He explained that only 40 acres would be slated for housing on the combined 2000 acres. He spoke on the enhancement to the municipal golf course and previous environmental studies of the proposal area and the setting of the northern City limits. He concluded by stating that the annexation would provide local control of the area. He responded to a question, stating that they were part of Country Club Estates. Carolyn Tognetti of Save Open Space spoke in opposition to both urban service area amendments because of impacts to public services and need for additional environmental review, explaining that she believed they were premature and did not fully comply as urban service areas. She spoke on the General Plan definitions, sharing the criteria from the Plan for modification and explaining potential for development in the next 5 years as well as a commitment to provide basic infrastructure and services were the criteria. She explained that modifications were to be evaluated on possible future expansion or extension of services as indicated in the City of Gilroy capital improvement programs, not to exceed 5 years out. She continued by explaining that both applications were in violation of the policies as they were not intending to build in the next 5 years, and the city was not planning to provide the necessary services to the areas as defined. She spoke on the assurances requested by the applicants and the need for proper long term planning stating that the assurances were in the 20 year plan. She explained that the financial analysis did not show the cumulative costs of the additional units and additional City staff resource needs, and suggested that future development take place within the existing city limits on vacant lands and all new requests be presented with comprehensive environmental impact reports. Francisco Dominguez spoke on behalf of the Gilroy Unified School District, sharing the impacts of both urban service area amendments to the district with the anticipation of addition of students. He explained that the mitigation would be to partner with the City to build new schools as the State only provided 30% of the necessary funding for new ....- construction. He concluded by stating that the School District was very concerned with the increased enrollment that would be generated with the proposed developments. Connie Rogers of Save Open Space spoke in opposition to both urban service area amendments, stating that the environmental study was inaccurate. She spoke on the city housing element and projections speaking on the growth rate and vacant lands in the City and stating that there was conflicting information on the number of units to be built in the City. She stated that the Council should consider the growth based on slower growth projections speaking on land supply within the current city limits, and should deny the applications. Jody Hallesser, Director of Santa Clara County Planning and Development, spoke in opposition to the urban service area amendments, speaking on the inadequacy of the EIR documents presented and need for additional environmental analysis and impacts to the joint planning policies between the County and the City. David Collier, of Save Open Space, spoke in opposition to both projects speaking on the CEQA analysis and stating that a more comprehensive analysis was necessary as the EIR was not compliant with CEQA and no defined project had been presented. He spoke on the environmental impacts to species in the area and important issues and alternatives were being left out. He stated that precedence was being changed with the process of approval as projects should be defined and analyzed to be presented to LAFCO, explaining that the climate change mitigations were not in compliance with CEQA to analyze the emissions. He concluded by stating that real projects needed to be identified and the proposals should be denied as the analysis was not sufficient. Ken Pauley spoke in opposition to both the Lucky Day and Wren Investors urban service area amendments stating that the staff material was inadequate with mixed information and did not include housing that was in the city core or housing in foreclosure. He spoke on the CEQA inadequacies and asked why the urban service areas were going forward at the current time, quoting sections of the LAFCO comments r- 9123 regarding environmental review needs. He stated that the boundary was a 5 year boundary, and the city would need to be planning to provide services to the areas. He concluded by stating that the lands would not be taken from the city as they were within the 20 year plan and there were no benefits to the city to approve the amendments at the current time. Jean Myers spoke in opposition to the Lucky Day urban service area amendment, speaking on the impacts to schools and city services and the addition of traffic and lights in the country areas. Emily Moore Minister, representative of Northern California PGA, spoke in support of the Lucky Day urban service area amendment and shared the environmental protections of an expanded golf course. Lisa Gillmor spoke in support of the Lucky Day urban service area amendment and shared the history of community support for the previous Lucky Day urban service area amendment request; approval at the Council level, and eventual denial at the LAFCO level. She spoke on the environmental bank of land, and entitlement process for housing development of the land, stating that it was an opportunity for trail lands and creative opportunities for the citizens of Gilroy. The public hearings were closed. Council Member Woodward stated that he had met with both applicants, and had spoken with the attorney for the Lucky Day project. Council Member Bracco stated that he had met with Mr. Gillmor of the Lucky Day USA. Council Member Gartman stated that he had met with both applicants. Council Member Dillon stated that he had met with both applicants. Mayor Pinheiro stated that he had met with Mr. Gillmor of the Lucky Day urban service area amendment. C. USA 00-02 Wren Investors Urban Service Area Amendment Request to Include Approximately 48 acres of Land Located South of Vickery Avenue, East of Kern Avenue, and West of Wren Avenue into the City of Gilroy's Urban Service Area Boundary. Wren Investors (c/o Skip Spering), Applicant Failed Motion on Item VII.C. Motion: to Adopt a Resolution Finding that the Wren Investors USA Amendment Final Supplemental EIR (SEIR) Has Been Completed in Compliance with CEQA, that it Reflects the Independent Judgment and Analysis of the City, and that the City Council has Reviewed and Considered the Information Contained in the Wren Investors USA Amendment SEIR and the General Plan Final EIR Moved by Council Member Bob Dillon, seconded by Council Member Craig Gartman. Vote: Motion failed 3-4. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman No: Council Member Peter Arellano, M.D.; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro D. USA 07-01 Lucky Day Urban Service Area Amendment Request to Include Approximately 284.7 Acres of Land Located North of Hecker Pass and North and East of Burchell Road into the City of Gilroy's Urban Service Area Boundary, Lucky Day Partnership (c/o John Vidovich), Applicant Acting City Attorney Faber spoke on the appropriateness of the urban service area program level EIR and spoke on the issues of disagreement with LAFCO, explaining that their request for a detailed EIR would be speculative as there were no projects proposed. He explained that the City's approach was appropriate and defensible and 9124 was the fundamental issue of disagreement with LAFCO. Additional Public Comment Skip Spering of Wren Investors spoke on the voiced inadequacies of the EIR documents suggesting that the Council re-consider the proposals as he didn't believe the proje~ts should be denied on the technicality of the CEQA documents. Acting City Attorney Faber explained that a motion to reconsider could be made by a member on the winning side of the vote on the Wren Investors urban service area amendment item, if the Council chose to reconsider it. John Vidovich stated that he was willing to beef up the EIR for the Lucky Day amendment if the Council so wished. Carol Peck asked if there was any impact to the City for fire protection. She then asked who would take responsibility for the open space areas. Public comment was closed. Failed Motion on Item VII.D. Motion: to Adopt a Resolution Finding that the Lucky Day USA Amendment SEIR Has Been Completed in Compliance with CEQA, that it Reflects the Independent Judgment and Analysis of the City, and that the City Council has Reviewed and Considered the Information Contained in the Lucky Day USA Amendment SEIR and the General Plan Final EIR Moved by Council Member Craig Gartman, seconded by Council Member Bob Dillon. Vote: Motion failed 3-4. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman No: Council Member Peter Arellano, M.D.; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Acting City Attorney Faber stated that the individual public hearing items could not be continued, but the Council could bring the issues back as a future study session if they so desired. Council suggested agendizing the subject of urban service area environmental analysis at the January 2010 Goal Setting Session Agenda. The Council took a 5 minute recess. VIII. UNFINISHED BUSINESS The Council agreed to go continue the meeting past the 11 :00 p.m. stop time. A. Modification of the Terms of the City Housing Trust Fund $240,000.00 Loan With EHC LifeBuilders for the Development of the Sobrato Homeless Shelter and Authorize City Administrator to Execute Related Documents Council Member Woodward recused himself explaining that his law firm represented EHC LifeBuilders as legal counsel. He then left the Council Chambers. There were no public comments. Motion on item VIII.A. Motion: approve to Modify the Terms of the City Housing Trust Fund $240,000 Loan with EHC Life Builders for the Development of the Sobrato Homeless Shelter and Authorize the City Administrator to Execute Related Documents Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 4-2-1. 9125 Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Cat Tucker; Mayor AI Pinheiro No: Mayor Pro Tempore Dion Bracco; Council Member Craig Gartman Absent: Council Member Perry Woodward B. An Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code Article VI Entitled "Seismic Safety", Section 6.45, Extending the Deadline to Complete Mitigation Program for Unreinforced Masonry Buildings and the Imposition of Penalties to April 1, 2010 The staff report was presented by Development Center Manager Abrams. There were no public comments. First Motion on Item VIII.B. Motion: to Read the Ordinance by Title Only and Waive Further Reading of the Ordinance Moved by Council Member Cat Tucker, seconded by Council Member Perry Woodward. Vote: Motion carried 5-2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Council Member Craig Gartman City Clerk Freels read the ordinance title. Second Motion on Item VIII.B. Motion: to Introduce An Ordinance of the City Council of the City of Gilroy Amending the Gilroy City Code Article VI Entitled "Seismic Safety", Section 6.45, Extending the Deadline to Complete Mitigation Program for Unreinforced Masonry Buildings and the Imposition of Penalties to April 1 , 2010 Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 5-2. Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D.; Council Member Craig Gartman IX. INTRODUCTION OF NEW BUSINESS The staff report was presented by Human Resources Director McPhillips. A. Approval of Merit Salary Increase for City Clerk Shawna Freels There were no public comments. Acting City Attorney Faber spoke on the requirement to hold the salary increase in open session. Motion on Item XI.A. Motion: to Approve a Merit Salary Increase for City Clerk Shawna Freels Moved by Council Member Cat Tucker, seconded by Council Member Bob Dillon. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward B. Approval of Merit Salary Increase for City Administrator Thomas Haglund The staff report was presented by Human Resources Director McPhillips. 9126 There were no public comments. Motion on Item IX.B. Motion: to Approve a Merit Salary Increase for City Administrator Thomas Haglund Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI Pinheiro No: Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward C. Consideration of the Allocation of an Additional $500,000 from the City Reserve to Provide Additional Funding for the Sidewalk Replacement 80/20 Program The staff report was presented by City Engineer Smelser. Public comment was opened Ron Kirkish spoke against spending the money stating that the City needed to keep its reserves. Public comment was closed. Failed Motion on Item IX.C. Motion: Direct Staff Regarding to Allocate $500,000 from the City's Reserve Account as Additional Funding for Sidewalk Replacement Under the City's 80/20 Program Moved by Council Member Craig Gartman, seconded by Council Member Bob Dillon. Vote: Motion failed 2-5. Yes: Council Member Bob Dillon; Council Member Craig Gartman No: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro D. Installation of a Stop Sign on Welburn Avenue and Hanna Street The staff report was presented by Transportation Engineer Dey. Public comment was opened. Ruben Ynzunza spoke in support of the stop sign. Carol Peck spoke in favor of the stop sign at the cross street. Clarke Dotson spoke in support of the stop sign. Public comment was closed. Motion on Item IX.D. Motion: to Adopt Resolution 2009-39 of the City Council of the City of Gilroy Establishing Stop Control on Welburn Avenue and its Intersection with Hanna Street in the City of Gilroy Pursuant to Section 15. 40 of the City of Gilroy City Code. Moved by Council Member Cat Tucker, seconded by Council Member Peter Arellano, M.D. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro "",-~",.,. 9127 E. A Resolution Approving the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with Respect to the Sale of the Seller's Proposition 1A Receivable from the State; and Directing and Authorizing Certain Other Actions in Connection Therewith The staff report was presented by Finance Director Turner. There were no public comments. Motion on Item IX.E. Motion: to Adopt Resolution 2009-40 Approving the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with Respect to the Sale of the Seller's Proposition 1 A Receivable from the State; and Directing and Authorizing Certain Other Actions in Connection Therewith Moved by Council Member Cat Tucker, seconded by Mayor Pro Tempore Dion Bracco. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro x. CITY ADMINISTRATOR'S REPORTS City Administrator Haglund spoke on the work being done on refinancing SCRW A debt, explaining that staff would be bringing the item to Council in next 50-60 days. He spoke on the recent mobilization of EOC in response to the recent flooding in town, and went on to speak on the recertification of the levy. XI. CITY ATTORNEY'S REPORTS There was no report. XII. ADJOURNMENT The Council adjourned the meeting at 11 :52 p.m. in Memory of Everett Clare Wentworth. '