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Minutes 2011/08/01 1 City of Gilroy City Council Meetina Minutes Auaust 1, 2011 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 6:10 p.m. and led the Pledge of Allegiance. The Invocation was given by Pastor Malcolm MacPhail of New Hope Community Church. City Clerk Freels announced that the agenda had been posted on July 27,2011 at 12:30 p.m. 9374 Roll Call Present: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Orders of the Day Mayor Pro Tempore Tucker explained that there had been a request to have Item IX.A. Rancho Hills Final Map 9967 and Property Improvement Agreement moved to 8:00 p.m. The Council agreed to move the item back to 8:00 p.m. or as the last item on the agenda. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations Mayor Pinheiro presented a proclamation recognizing August, 2011 as World Breastfeeding Awareness Month. III. 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 There were no public comments. B. State Legislative Update by Assembly Member Luis Alejo Assemblymember Luis Alejo explained that he was reaching out to all cities and counties in his legislative district to extend himself to the communities that he serves. He spoke on his connections to Gilroy and history as the former Mayor of the City of Watsonville. He spoke on his legislative committee memberships, explaining the benefits to the city in sharing Gilroy's vision and legislative proposals with local legislators, and then detailed the various bills being addressed in the legislature. C. Annual Presentation to Council by the Parks and Recreation Commission IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco thanked everyone for their participation in another very successful Garlic Festival. Mayor Pro Tempore Tucker thanked everyone for their work at the Garlic Festival and spoke on the financial donation made by Don Christopher for the amphitheater remodel. She then reported that the Santa Clara Valley Habitat Conservation Plan would be conducting outreach in September and would return to Council in October with more details of the plan. Council Member Arellano stated that a great job was done by everyone on Garlic Festival. -".",,,~ Council Member Woodward wished the Mayor happy birthday. Council Member Dillon stating that a good job was done on the Garlic Festival. MAYOR'S REPORT Mayor Pinheiro thanked the Board of Directors of the Gilroy Garlic Festival for an outstanding Garlic Festival and spoke on the sacrifices made to benefit the community. He then spoke on the donation by Don Christopher for the amphitheater remodel. 1 9375 V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR A. Minutes of the July 18, 2011 Regular City Council Meeting B. Opening of the Recruitment Period for Seven (7) Open Seats on the Youth Commission C. Opening of the Recruitment Period for Two (2) Open Seats on the Housing Advisory Committee D. Approval of Designation of $400,000.00 of Housing Trust Funds to South County Housing E. Adoption of Ordinance 2011-10 of the City Council of the City of Gilroy Approving Application Z 09-06, A Change in Zoning Designation From OS (Open Space) to C (Commercial Industrial) on Approximately 2.5 Acres Located at 5400 Monterey Road, APN 841-31-014 Motion on the Consent Calendar Motion: to approve Consent Calendar Items A, B, C, 0, E Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VII. BIDS AND PROPOSALS A. Award of Uvas Creek Outfall Reconstruction Project to the Don Chapin Company, Inc. in the Amount of $161,389.00 - Project No. 12-PW-189 The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.A. Motion: to Approve the Award of Uvas Creek Outfall Reconstruction Project to the Don Chapin Company, Inc. in the Amount of $161,389.00, and Authorization to the City Administrator to Execute Related Documents Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Award of Demolition Project of City Owned Properties Located at 7347, 7353, 7355 Monterey Street to Premier Builders, Inc. in the Amount of $123,943.00 - Project No. 12-PW-190 The staff report was presented by Operations Manager Stubchaer. There were no public comments. Motion on Item VII.B. Motion: to Award Demolition Project of City Owned Properties Located at 7347, 7353, 7355 Monterey Street, to Premier Builders, Inc. in the Amount of $123,943.00, and Authorization to the City Administrator to Execute Related 9376 Documents Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat Tucker Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro C. Award of Demolition or Relocation Project of City Owned Dwelling at 271 Old Gilroy St. to Pantano Demolition in the Amount of $29,500.00 - Project No. 12- PW-191 The staff report was presented by Operations Manager Stubchaer. Public comment was opened. Steve Ashford spoke on the bidding process stating that he had received one bid to move the building which was a non-prevailing wage bid explaining that the project was a prevailing wage project. He then explained that the house had been missed on the city's historic resources inventory and there was a site to move the building to, explaining that the Historic Heritage Committee would like to see the home moved, or the material recycled if it were demolished. He then asked the Council to give the Historic Heritage Committee additional time to attain additional bids to move the building Public comment was closed. Motion on Item VII.C. Motion: to postpone the item to allow the Historic Heritage Committee 60 days to receive bids to move the building and reject all present bids that had been received. Moved by Council Member Peter Arellano MD, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VIII. PUBLIC HEARINGS A. Public Hearing on Report of Assessment Liens for Weeds and Refuse Abatement The staff report was presented to Fire Marshal Bretschneider. The public hearing was opened; there being no comments, the public hearing was closed. Motion on Item VIII.A. Motion: to Adopt Resolution 2011-40 of the City Council of the City of Gilroy Confirming the Report of the Chief of the Fire Department Setting Forth the Description of the Property, Naming the Owner's Thereof, and the Confirming the Costs of Abating the Nuisance Caused by the Growing of Weeds and Accumulation of Refuse on the Property, and Providing that Such Costs Shall Constitute Assessment's Against the Land Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Muiioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro X. INTRODUCTION OF NEW BUSINESS 1 9377 A. Approval of Cost-sharing Agreement with Glen Loma Ranch for the Uvas Creek Outfall Reconstruction Project- Project No. 12-PW-189 The staff report was presented by Operations Manger Stubchaer. There were no public comments. Motion on Item X.A. Motion: to Approve Cost-sharing Agreement with Glen Loma Ranch for the Uvas Creek Outfall Reconstruction Project- Project No. 12-PW-189 Uvas Creek Outfall Erosion Control Cost Share Agreement, and Authorization to the City Administrator to Execute Related Documents Moved by Council Member Bob Dillon, seconded by Council Member Peter Arellano MD. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro B. Review of Development Standards Scope of Work, Operating Procedures and Task Force Membership The staff report was presented by Community Development Director Abrams. There were no public comments. Motion on Item X.B. Motion: to approve the Development Standards Scope of Work, Operating Procedures and Task Force Membership as outlined in the staff report. Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 4-3. Yes: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Perry Woodward; Mayor AI Pinheiro No: Council Member Peter Arellano MD; Council Member Peter Leroe- Munoz; Mayor, Pro Tempore Cat Tucker C. Adoption of an Interim Ordinance of the City Council of the City of Gilroy Adopted as an Urgency Measure Prohibiting the Approval of Any Residential Development Project East of Highway 101 for a Period of Forty Five (45) Days The staff report was presented by City Attorney Callon. There were no public comments. Motion on Item X.C. Motion: to Read Ordinance by Title Only and Waive Further Reading Moved by Council Member Perry Woodward, seconded by Council Member Dion Bracco. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Second Motion on Item X.C. Motion: to Adopt Interim Ordinance 2011-11 of the City Council of the City of Gilroy Adopted as an Urgency Measure Prohibiting the Approval of Any Residential Development Project East of Highway 101 for a Period of Forty Five (45) Days Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker. l i I 9578 Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro D. Selection of Voting Delegate for League of California Cities Annual Conference The staff report was presented by City Administrator Haglund. There were no public comments. Motion on Item X.D. Motion: to Approve Selection of Cat Tucker as Voting Delegate and Mayor Pinheiro as Alternate for League of California Cities Annual Conference Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Public comment on Item X.B. Lisa Thornquist spoke on the need for public input from members of the community in the Rancho Hills area regarding the RDO process stating that developers would be able to set the rules as she believed there were not enough environmentalists or community members involved in the Task Force. The Council took at recess at 8:08 p.m. ~ The Council reconvened at 8:15 p.m. IX.A. UNFINISHED BUSINESS A. Approval of Rancho Hills Tract 9967 Final Map and Property Improvement Agreement No. 2011-01 With Arcadia Development Company, and Glen Loma Corporation, APN 783-20-058 The staff report was presented by City Engineer/Public Works Director Smelser. Public comment was opened. Bill Scheid spoke on the City Engineer's review for substantial conformance and presented the Council with information on the tentative plan to the final plan sharing a summary of the two plans that he suggested were significant in comparison. Julie Hutcheson spoke on a planned meeting with the property owner for the possible preservation of open space in Gilroy, and to help residents understand the process. She then explained that the green foothill committee would be holding a community meeting to discuss growth, open space and idea sharing. Rod Pharis spoke in opposition to the approval stating that he believed there were miss- steps in the process. He explained that when he had purchased his home, he had been told that the lots were too steep to build on and he had used a calibrated device and read the grade of the area as 32-36%, stating that he believed the project should not move forward. - Tom Espersen spoke on the opinion of the 3rd party review stating that it had not been enough detailed analysis. He then shared a map of the area asking what portions were deemed public facilities and asked about the zoning of the 26 acres adjacent to the homes being built. -1 9379 Janet Espersen requested all future reports of endangered species or cultural resources found at the site as described in the mitigated negative declaration for the project as well as any changes in procedures in the RDO process. Suzanne Rodriguez spoke on traffic issues with construction in the area and then spoke on the mitigated negative declaration for the project and cultural resources asking what archeological determinations were made. She then spoke on the size of the lots, and easements within the properties. Susan Gassier read information on the Brown Act and suggested that extra due diligence was needed for issues which were contentious, stating that members of the public were being "quieted" due to the timing of the City Council meeting. She then spoke on Brown Act prohibitions of "serial" meetings and Council Members statements. Marvin Thomas stated that as a resident since 1964, he had also experienced viewing the beauty of Gilroy from his home at one time. He explained that the orchards began to disappear as new development came in, sharing all of the various developments throughout the years. He concluded by stating that there was a plan to build around the foothills and preserve the farmland areas and he had confidence in the city government as Gilroy was a fantastic place to live and all new residents should be welcomed. John Litzinger spoke on the fire safety easements behind lots on the property stating that he believed there were inconsistencies. He spoke on the need for a maintenance agreement, and stated that some changes made had been positive, but the decision to approve the map as in substantial conformance was not accurate. Jenny Robledo spoke in opposition to the approval of the final map explaining that her family enjoyed walking the Rancho Hills area. She spoke on the number of foreclosed homes in the community and the non-Gilroy people who would move into the homes. Dory Oliviera spoke in opposition to the approval stating that there were traffic issues during the commute hours of the day and there was a need for a traffic light along Long Meadow or Rancho Hills. Marilyn MacDonald spoke on the clean-up of a dump site on a portion of the property in the late 1990's, stating that it had been conducted without the presence of an archeological monitor and was not in compliance with CEOA with regards to hazardous contaminants storage. She stated that the stream bed had contaminants and could cause health issues with the current plan to build in the area. She spoke on the transfer of contaminants suggesting that new soils tests be taken. Public comment was closed. Motion on Item IX.A. Motion: to Approve the Rancho Hills Tract 9967 Final Map and Property Improvement Agreement No. 2011-01 With Arcadia Development Company, and Glen Loma Corporation, APN 783-20-058 Moved by Council Member Bob Dillon, seconded by Council Member Dion Bracco. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano MD; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Council Member Perry Woodward; Mayor AI Pinheiro No: Mayor Pro Tempore Cat Tucker XI. CITY ADMINISTRATOR'S REPORTS There was none. XII. CITY ATTORNEY'S REPORTS There was none. l , I 9380 ,I " ADJOURNMENT The Council Adjourned at 9:08 p.m. SHAWNA FREELS, CMC City Clerk