Minutes 2009/10/19
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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.
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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.
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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
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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.
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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
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The staff overview was presented by Senior Planner Ketchum.
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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
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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.
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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
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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
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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.
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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.
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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
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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. '