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Minutes 2010/11/01 r-- l City of Gilroy City Council Meetina Minutes November 1.2010 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 7:20 p.m. and led the Pledge of Allegiance. . r The Invocation was given by Brian Dixon of the Church of Jesus Christ of Latter Day Saints. City Clerk Freels reported that the agenda had been posted on October 29, 2010 at 4:30 p.m. Roll Call B. Orders of the Day Mayor Pinheiro announced that the applicant for of Item XI.B. had requested a continuance to the December 6, 2010 meeting. Public comment was opened Tom Fischer suggested that the Council continue to hear the item as agendized explaining that none Ralph Guenther spoke on the request for continuance explaining that he had begun the steps of outreach to the community in the area and plans to conduct a neighborhood outreach meeting to address the neighbors' concerns. VII. PUBLIC HEARINGS B. Residential Development Housing Exemption Request for the Allocation of 42-Residential Units Under Section 50.62 (b) (11) of the City Zoning Code for a Property Zoned R1-PUD (Single Family Residential-Planned Unit Development) Located on Wildflower Court at Mesa Road, APN's 810-28-024 through 037, Duffy and Guenther clo Ralph Guenther, Applicant; RDO-HE 10-02 Public comment was opened. Russ Valiquette suggested the Council consider the item that evening, explaining that I " 9276 the applicant had plenty of time to make contact with the property owners. Tom Fischer explained that he had not received any information from the applicant and asked that the Council deny the request to such a high density. Kevin Cody spoke on the behalf of Gail Williams explaining that Mr. and Mrs. Williams were willing to take any legal action necessary to prohibit the increased density, including injunction on their easement for egress and ingress. Gail Williams spoke in opposition to the proposal. Horacio Lucero spoke in support of the original project of 12 units. --. Manual Zuniga stated that he was opposed to the increased density in the neighborhood. Peter Burge spoke in opposition to the proposal explaining that company building the project would only generate jobs for people outside of Gilroy. Ben Rearden spoke in opposition to the development. Public comment was closed. Applicant Ralph Guenther stated that he hoped the outreach would be helpful stating that the December 20th continuance would be fine. Motion on Item IX.B. Motion: to continue the item to the December 20, 2010 regular meeting. Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano, M.D. Vote: Motion carried 4-3. Yes: Council Member Bob Dillon; Council Member Craig Gartman; Mayor AI Pinheiro No: Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Council Member Perry Woodward The Council took a 5 minute break at 8:07 p.m. The Council reconvened the meeting at 8:15 p.m. C. Proclamations, Awards and Presentations Mayor Pinheiro read a proclamation recognizing November, 2010 as National Family Caregivers Month. 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 none. B. Personnel Commission Annual Presentation to Council Vice Chairman Bozzo gave the annual presentation. III. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Bracco spoke on the Library JPA meeting sharing discussions at the finance committee meeting on the new library building explaining that the furnishings would be paid for by the JPA. 9277 Council Member Tucker shared the VT A Policy Advisory Committee summit on January 8, 2011 at 4:00 p. m. to discuss sustainable communities on AB1425 asking that staff participate in the summit. Council Member Gartman extended good luck to all of the candidates running for office in the election. Council Member Dillon extended good luck to all candidates and reminded everyone to go to the polls the next day. Mayor Pinheiro congratulated everyone who participated in the downtown wine stroll stating that the goal was to expose local downtown merchants. IV. FUTURE COUNCIL INITIATED AGENDA ITEMS A. Discussion of Intersection at Eigleberry and Sixth Streets - Mayor Pinheiro Mayor Pinheiro presented the item. The Council agreed to agendize the item. B. Request to Present Information on PG & E SmartMeters - Mayor Pinheiro Mayor Pinheiro presented the item. The Council agreed to hear the 10-15 minute presentation (Council Members Woodward and Bracco against) V. CONSENT CALENDAR A. Minutes of October 18,2010 Regular Meeting B. Resolution 2010-57 of the City Council of the City of Gilroy Authorizing the Filing of a Application for the Metropolitan Transportation Commission Federal Surface Transportation Program (STP) andlor Congestion Mitigation & Air Quality Improvement Program (CMAQ) Grant in the Amount of $614,000.00 and Committing the Necessary Non-Federal Match and Stating the Assurance to Complete the Project C. Resolution 2010-58 of the City Council of the City of Gilroy Authorizing the Filing of a Application for the Metropolitan Transportation Commission Federal Surface Transportation Program (STP) and Congestion Mitigation & Air Quality Improvement Program (CMAQ) Grant in the Amount of $671,900.00 and Committing the Necessary Non-Federal Match and Stating the Assurance to Complete the Project Motion on Item the Consent Calendar Motion: to Approve the Consent Calendar Items A, B, C 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 There were none. VII. PUBLIC HEARINGS 9278 A. Tentative Map Request to Subdivide Approximately 59.7 Acres to Create 16- Commercial and Industrial Lots and Architectural Industrial Design Guidelines Approval on a Property Zoned C3-M2-PUD (Shopping Center CommerciallGenerallndustriallPlanned Unit Development), Located at the Northeast Corner of Pacheco Pass and Camino Arroyo, APN 841-18-082, Machado Development Company clo Kenneth Machado Applicant; TM 04-15 & AS-PUD 04-62 The staff report was presented by Planner II Durkin, Transportation Engineer Dey and City Engineer Smelser. .... The public hearing was opened. -..,.-... Lee Wieder spoke on behalf of the applicant stating that the variable in fees being requested by staff was a concern, sharing the changes throughout the application process. Ken Machado the property owner/developer stated that he was uncomfortable with the considerable changes in staff's estimates, explaining that there were too many ambiguities. He stated that Lee Wieder had not brought up any new issues in his letter to Council as the issues had been brought forward during the Planning Commission hearing the previous month. He spoke on the Mello Roos fees paid explaining that he had participated in the Mello Roos voluntarily, and was not required to participate. He then asked that the condition to construct the Luchessa extension be removed. Richard Spitler of the Gilroy Economic Development Corporation spoke in support of the proposal stating that he agreed that the developer should not be required to build the Luchessa extension. He further explained that the staff information was unfounded as the offsite mitigation would not be easy. Connie Rogers spoke on behalf of Save Open Space Gilroy stating that there were l many unmitigated impacts. She explained that the emissions were outside of the City .. General Plan as there were 62 acres of farm land that could not be replaced. _ Carolyn Tognetti of Save Open Space stated that the traffic issues from industrial uses to commercial were a significant impact to traffic in the area, sharing vehicle emissions and loss of farm land and her concerns with the Mello Roos. The public hearing was closed. Motion to continue meetina Motion was made by Council Member Woodward, seconded by Council Member Arellano to continue the meeting past 11 :00 p.m. to finish the current item, and other critical items: VII. C., IX.B, IX. C and X.D. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Perry Woodward No: Mayor Pro Tempore Dion Bracco; Council Member Cat Tucker; Mayor AI Pinheiro Motion to Continue Item VII.A. Motion: to continue Item VII.A. to the December 6,2010 regular meeting. Moved by Council Member Perry Woodward, seconded by Council Member Cat Tucker. Vote: Motion carried 6-1 Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano, M.D C. Tentative Map Request to Subdivide Approximately 4.91 Acres to Create 51- Residential Lots, and Architectural and Site Request to Allow the Development of a 51-unit Residential Development on a Property Zoned ND- :I 9279 C1(Neighborhood District-Neighborhood Commercial) Located at 9395 Monterey Road (initially noticed as 9325 Monterey Road), APN 790-07-029, the James Group, James Suner Applicant; TM 10-03 The staff report was presented by Senior Planner Ketchum. The public hearing was opened. Applicant James Suner spoke on the project development. The public hearing was closed. Motion on Item VII.A. Motion: to Direct Staff to Prepare a Resolution Approving, TM 10-03 Moved by Council Member Perry Woodward, 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 Second Motion on Item VII.A. Motion: to Direct Staff to Prepare a Resolution Approving AS-PUD 10-15 Moved by Council Member Perry Woodward, 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 VIII. UNFINISHED BUSINESS A. Appointment of 1 Member to an Unexpired Seat on the Public Art Committee with a Term Ending December 31, 2013 The item wasn't heard. B. Appointment of (2) Two Members to the Housing Advisory Commission for 2-Year Terms The item wasn't heard. IV. INTRODUCTION OF NEW BUSINESS A. Architectural and Site Request to Allow the Development of a 94-unit Residential Development on a Property Zoned R1-PUD, (Single Family Residential-Planned Unit Development) Located on the North West Corner of Sunrise Drive and Santa Teresa Boulevard, APN's 783-20-055 & 56, K Hovanian Homes clo Carrie Gooding Applicant; AS-PUD 10-18 The item wasn't heard. B. An Ordinance of the City Council of the City of Gilroy Adopting the 2009 Edition of the International Fire Code, Volumes 1 and 2, with the California Fire Code, California Code of Regulations Title 24, Part 9, with Appendices B, C, and J, Including Local Amendments and Amending Section 10.10 and 10.11 of Chapter 10 of the Gilroy City Code The staff report was presented by Fire Marshal Bretschneider. There were no public comments. 9280 Motion on Item IX.B. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Council Member Peter Arellano, M.D., seconded by Council Member Bob Dillon. 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 Second Motion on Item IX.B. Motion: to Introduce An Ordinance of the City Council of the City of Gilroy Adopting the 2009 Edition of the International Fire Code, Volumes 1 and 2, with the California Fire Code, California Code of Regulations Title 24, Part 9, with Appendices B, C, and J, Including Local Amendments and Amending Section 10.10 and 10.11 of Chapter 10 of the Gilroy City Code Moved by Council Member Bob Dillon, 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 C. An Ordinance of the City Council of the City of Gilroy Adopting the Following Codes: 2010 California Building (Volumes 1 and 2), Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire Codes, 2010 California Existing Building Code with Appendices A1, A2, A3, A4, and AS of 2009 International Existing Building Code, Green Building Standards, and 2009 International Property Maintenance Code; and Amending Section 6.1 of Chapter 6 of the Gilroy City Code The staff report was presented by Building Plan Check Engineer Chung. Public comment was opened. Marc Perkel spoke in opposition to the adoption of the amendments, sharing his experiences with the building permit process and he then spoke against sections 109.4 and 109.7 of the code. Public comment was closed. Motion on Item IX.C. Motion: to Read the Ordinance by Title Only and Waive Further Reading Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. 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 Second Motion on Item IX.C. Motion: to introduce an Ordinance of the City Council of the City of Gilroy Adopting the Following Codes: 2010 California Building (Volumes 1 and 2), Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire Codes, 2010 California Existing Building Code with Appendices A1, A2, A3, A4, and AS of 2009 International Existing Building Code, Green Building Standards, and 2009 International Property Maintenance Code; and Amending Section 6.1 of Chapter 6 of the Gilroy City Code Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 5-2. 9281 Yes: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Craig Gartman; Council Member Cat Tucker D. Joint Use Agreement with the Santa Clara Valley Water District for the Proposed Lions Creek and Uvas Creek Trails The staff report was presented by Operations Division Manager Stubchaer. There were no public comments. Motion on Item IX.D. Motion: to Approve the Joint Use Agreement with the Santa Clara Valley Water District for the Proposed Lions Creek and Uvas Creek Trails Moved by Council Member Peter Arellano, M.D., seconded by Council Member Perry Woodward. 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 A. Status Report on Welburn Avenue Traffic Process Update The item wasn't heard. XI. CITY ATTORNEY'S REPORTS There were no reports. XII. ADJOURNMENT TO THE MEETING OF NOVEMBER 15, 2010 The Council adjourned at 12:11 a.m. /' ~ - bflM r\ J/r /' .' ................,LL._.. S NA FREELS, City Clerk