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Minutes 2015/12/07City of Gilroy City Council Meeting Minutes December 7. 2015 I. OPENING A. Call to Order Mayor Gage called the meeting to order at 6:00 p.m. The pledge of Allegiance was led by Council Member Velasco. The invocation was given by Pastor Greg Quirk of South Valley Community Church. City Clerk Shawna Freels announced that the agenda had been posted on December 2, 2015 at 12:30 p.m. Roll Call Present: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage B. Orders of the Day There were no agenda changes. C. Employee Introductions Public Works Director Smelser introduced newly hired Engineer I Lisa Gabrielsen, and newly hired Maintenance Workers: Kevin Huddleston, Jonathan Castro, Carlos Montana, Paul and Daniel O'Brien. II. CEREMONIAL ITEMS A. Proclamations, Awards and Presentations There were none. 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 COUNCIL There were none. IV. REPORTS OF COUNCIL MEMBERS Council member Aulman spoke on the December Gilroy Gardens Board meeting explaining that attendance and revenue was up at the park. MAYOR'S REPORT Mayor Gage announced that the EDC would meet the following day, and most of his other groups would be meeting later in the month, and in January. He then announced that he would be resigning as Mayor, retiring on December 31, 2015, and shared his thanks to everyone who had supported him while in office. V. FUTURE COUNCIL INITIATED AGENDA ITEMS City Council Meeting Minutes 12/7/2015 FA Mayor Gage asked to add an item to a future agenda to address smoking outside a city building or property. Council Member Velasco asked if the Council would move the General Plan Policy text item to the January 4, 2016 meeting. The Council agreed to move the item. VI. CONSENT CALENDAR A. Minutes of the November 16, 2015 Regular Meeting B. Deferred Improvement Agreements for Utility Undergrounding at 7201 Chestnut Street and 395 E. Eighth Street APNs: 841 -11 -077 and 841 -11 -078 C. Acceptance of Office of Traffic Safety STEP Grant and Bicycle Pedestrian FY 2015 -16 Grant D. Direction to Staff to Prepare an Ordinance Amending Article 38 of Chapter 30 of the Gilroy City Code Regarding Water Efficient Landscaping F. EPC Computer Solutions Agreement in the Amount of $72,320.00 Council Member Bracco announced that though the Utility Undergrounding project was near his business, but was over 500 feet away, and he no longer owned the property Motion on the Consent Calendar Motion: Approve Items A, B, C, D, F Moved by Council Member Peter Leroe- Munoz, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage E. Direction to Staff to Prepare an Ordinance Amending the City Code Regarding the Administrative Hearing Process The staff report was presented by Planning Division Manager Martin. There were no public comments. Motion on Item VI.E. Motion: Approve Direction to Staff to Prepare an Ordinance Amending the City Code Regarding the Administrative Hearing Process Moved by Council Member Cat Tucker, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage VII. BIDS AND PROPOSALS - NONE VIII. PUBLIC HEARINGS A. A Residential Development Ordinance (RDO) Housing Exemption Request to Allot 75 Affordable Senior Apartment Homes in the Downtown District Pursuant to Gilroy Code Section 30.50.60.2J, on a Property Located on the East Side of Monterey Road Across from Erwin Court, APN 841 -14 -011. AMG & City Council Meeting Minutes 12/7/2015 Associates c/o Gene Boussard, Applicant (RDO HE 14 -02) The staff report was presented by Planning Director Martin. The public hearing was opened; there being none, it was then closed. RDO HE 14 -02 Motion on Item VIII.A. Motion: to Adopt Resolution 2015 -62 of the City Council of the City of Gilroy Approving RDO HE 14 -02 an Application for an RDO Downtown Housing Exemption for Development of 75 Affordable Senior Housing Units on the East Side of Monterey Road (APN 841 -14 -011) AMg & Associates c/o Gene Boussard, Applicant (RDO HE 14 -02) Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6 -1. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Roland Velasco B. A Tentative Map Request to Subdivide a 14 +/- Acre Site into an 84 -lot Single - Family Residential Subdivision, with 0.5 +/- Acre of Open Space, and Two Private Streets on a Property Located Northeast of Santa Teresa Boulevard, and Bounded by West Luchessa Avenue, Merlot Drive, and Syrah Drive in the Montonico Neighborhood of the Glen Loma Ranch Specific Plan Area on a Portion of APN 808 -18 -018. Glen Loma Corporation c/o Tim Filice and John Filice, Applicant (TM 15 -01) The staff report was presented by Planning Manager Martin. The public hearing was opened. I James Taylor was called to speak asking about the amount of time to get through each roundabout on Miller sharing his thoughts on traffic in the area. He concluded by explaining that he didn't know where the data compiled had come from, asking if fewer roundabouts might be better as he had difficulties in learning how to use them. The public hearing was then closed. Motion on Item VIII.B. Motion: to Direct Staff to Prepare a Resolution Approving, TM 15 -01 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Terri Aulman. Vote: Motion carried 7 -0. Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage C. An Urban Service Area Amendment to Add Approximately 721 Acres into the City's Existing Urban Service Area (USA) Boundaries, Encompassing Land North of the City Limits to Fitzgerald Avenue, East of Santa Teresa Boulevard and West of Monterey Road, Consisting of 3,996 Residential Units in Total with 1,500 Proposed as an Active Adult Community. The Conceptual Development Plan Proposes 338,000 Square Feet of Commercial Uses on Approximately 39 Acres; Approximately 143 Acres of Parkland, and Two School Sites. An Environmental Impact Report (EIR) Has Been Prepared for the Project. Martin Limited Partnership c/o Jeffrey Martin (USA 14 -01) The item was introduced by Community Development Director Abrams and further described by Planning Manager Martin. City Council Meeting Minutes 12/7/2015 I! The public hearing was opened. Skip Spiering was called to speak on behalf of the applicant sharing the positive step in moving forward with the urban service area amendment. Philip Williams was called to speak sharing his opposition to the annexation detailing the problems associated with so much growth. Victor Akylas was called to speak explaining that as a property owner within the annexation area he was in support of the annexation of the urban service area, sharing his thoughts on the positives in joining the area to the city. Adria Spano was called to speak suggesting that the Council reject the application due to the lack of water, inadequate roadways, pollution, lack of public transportation and lack of a comprehensive medical center in the community. She concluded by asking that the item be placed on a ballot for a public vote. Georgia Garfink was called to speak sharing her concerns with traffic and need to focus on economic development. Alvaro Meza Assistant Superintendent of the Gilroy Unified School District was called to speak explaining that the school district was in support of the request as the long range planning fell in line with the school district. He spoke on the impact fees from the applicant that would be received by the school district explaining that they were very fair and would reduce the overcrowding in the schools. Shani Kleinhaus of the SCC Audubon Society was called to speak in opposition to the proposal explaining the variety of negative impacts to the local wildlife. Mike Ferreira of the Sierra Club was called to speak in opposition to the proposal sharing his opposition due to the impacts on the wildlife and reduction in green space. Connie Rogers was called to speak stating that the proposal was poor planning and the city didn't need more housing. She explained the jobs to homes imbalance and inability to provide enough water to serve the area. Ginny Rhodas was called to speak explaining that she had witnessed 100's of acres being bulldozed for development and as there was no market for jobs, few eateries, a crumbling downtown, diminished availability for local food, and a serious issue with ground water the city should not be considering it. Curt Cotner was called to speak sharing his opposition to the proposal stating that the downtown was crumbling and he believed the city was fast - tracking the proposal that was not in the last general plan. Kim Kurtis was called to speak in opposition to the request explaining that there were no jobs in the community to support additional residents. She spoke on the need for infrastructure to support the development of the area and the architectural design of many of the new neighborhoods. Carolyn Tognetti was called to speak sharing her opposition of the application and support of the Planning Commission's denial of the request. She spoke on the size of the proposal explaining that the environmental analysis was insufficient and pushed forward too quickly. She spoke on the unreliability of water resources and the already oncoming new homes. Sarah Kelly was called to speak sharing her opposition to the request explaining that Gilroy would become San Jose and the schools would be impacted. Mila Krupa was called to speak sharing her opposition to the request explaining that the quality of life would be reduced as there would be more traffic congestion, less City Council Meeting Minutes 12/7/2015 resources and Gilroy would be dependent on property taxes and would be financially imbalanced. She concluded by stating that developers needed the city and she believed the city should ask for amenities such as a park for the elderly and animals. Eileen Barrett was called to speak in opposition to the proposal sharing her concerns with building on the hills. Jenny Robledo was called to speak sharing her thoughts against the proposal explaining that she was tired of the constant changing landscape of Gilroy due to loss of open space, crowded schools, traffic and the rural feel of the community. She explained that the community was not ready for a medical crisis. Joan Lewis was called to speak sharing her thoughts in opposition to the request and explaining that the city was rushing the project and should be focusing on the existing community and its needs. She explained that the city should be focusing on good, quality jobs asking the Council to visualize what would happen with the changed landscape of the area. Bill Johanson was called to speak sharing his opposition to the proposal and explaining that he agreed with the majority of the concerns presented. He spoke on the financial impacts to the city asking the council to be fiscally responsible. Martha Schauss was called to speak sharing her concerns with the lack of agricultural land and open space, and traffic congestion with the proposal. She asked if Gilroy would become another characterless community with a sea of homes as several other cities had become in the silicon valley area. She concluded by stating that the EIR was faulty as it stated that there was no atheistic impacts. Janet Espersen was called to speak sharing her thoughts in opposition to the urban service area amendment explaining that more time should be given to study the proposal for more transparency and proper planning. She concluded by asking that the Council take more time for a more thorough analysis and public input. Alicia Guerra was called to speak stating that the city was not in compliance with CEQA state law due to the proposal time line and the existing general plan policies. Mark Perkel was called to speak sharing his concerns with the water usage and the population growth stating that fast growth might not be a good thing. Bob Steed was called to speak stating that he liked the small town feel, which would be lost with the proposed growth. Richard Oliver was called to speak explaining that he represented the Wren Avenue Investors who had been working on their portion of the USA for 14 years, and had not rushed into the project. He explained that Wren Avenue was hazardous and needed improvement and the USA was needed to properly plan the area as it took 10 -20 years to grow out, sharing the RDO process allocation of housing units. Mary Yates was called to speak stating that smart, sustainable planning should take place and further shared her opposition for the proposal. Ron Kirkish was called to speak sharing his thoughts on planning for the future and his support of the proposal. David Rutjes was called to speak stating that he was going to have his home taken away as he lived in the proposal area and was unaware of the plans for growth. Lupe Arellano was called to speak explaining that the final EIR wasn't posted on the city website until November 23rd and she had been looking at the draft EIR. She stated that City Council Meeting Minutes 12/7/2015 .:1 the city had submitted the proposal to LAFCO prematurely and the EIR was insufficient and didn't have enough review of the alternatives. Robert Miller was called to speak stating that he had previously served on a general plan committee and he believed the goal of the community was to maintain the open space to not become more of the silicon valley urban sprawl. James Teixeira was called to speak stating that he believed there were significant concerns with the EIR. Sally Armendariz was called to speak stating that she didn't believe that the city had adequate services to the residents, most important the ones on the east side of the city. She then spoke on the water rate increase to replace the aging pipes. James Taylor was called to speak sharing his thoughts on the need for slower growth. Julie Hutcheson was called to speak describing opposition of the proposal on behalf of the Committee for Green foothills. Melanie Mikeska was called to speak sharing her opposition to the proposal. The public hearing was then closed. Motion on Item X.C. Motion: to Adopt Resolution 2015 -63 of the City Council of the City of Gilroy Certifying That the Final EIR for USA 14 -01 Has Been Completed in Compliance with CEQA and Reflects the Independent Judgment and Analysis of the City Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 4 -3. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Dion Bracco; Council Member Cat Tucker; Council Member Roland Velasco Second Motion on Item X.C. Motion: to Adopt Resolution 2015 -64 of the City Council of the City of Gilroy Approving USA 14 -01 Moved by Mayor Pro Tempore Perry Woodward, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 4 -3. Yes: Council Member Terri Aulman; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Perry Woodward; Mayor Don Gage No: Council Member Dion Bracco; Council Member Cat Tucker; Council Member Roland Velasco IX. UNFINISHED BUSINESS X. INTRODUCTION OF NEW BUSINESS A. Hardscape Standards for Highway Interchanges The staff report was presented by Traffic Engineer Servin. There were no public comments. Motion on Item X.A. Motion: to pass on the option. Moved by Council Member Peter Leroe- Munoz, seconded by Mayor Pro Tempore Perry Woodward. Vote: Motion carried 7 -0. City Council Meeting Minutes 12/7/2015 Yes: Council Member Terri Aulman; Council Member Dion Bracco; Council Member Peter Leroe- Munoz; Council Member Cat Tucker; Council Member Roland Velasco; Mayor Pro Tempore Perry Woodward; Mayor Don Gage XI. CITY ADMINISTRATOR'S REPORTS Interim City Administrator Tewes invited the public to the Breakfast with Santa event. Mayor Gage announced the wreaths across America event the following Saturday. XII. CITY ATTORNEY'S REPORTS There were none. ADJOURNMENT TO THE SPECIAL MEETING OF DECEMBER 14, 2015 The Council adjourned the meeting at 10:00 p.m. FREELS, MMC Clerk City Council Meeting Minutes 12/7/2015 1 1