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HomeMy WebLinkAboutMinutes 2011/07/18 9365 City of Gilroy City Council Meetina Minutes July 18. 2011 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 6:00 p.m. and led the pledge of allegiance. City Clerk Freels announced that the agenda had been posted on July 13, 2011 at 2:00 p.m. Roll Call Present: Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Mulioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro Absent/Excused: Council Member Peter Arellano M.D. B. Orders of the Day 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 no public comments. IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco thanked city staff and everyone involved in the funeral for former Police Chief Laizure. Mayor Pro Tempore Tucker spoke on the changes coming from the Habitat Conservation Plan group, explaining that changes such as reducing fees and addressing the City's concerns had been made. She stated that meetings were continuing, and she believed the wildlife agencies were working well with the group. Council Member Leroe-Munoz congratulated the Parks and Recreation Department on the youth triathlon the previous weekend. Mayor Pinheiro also congratulated the department on the triathlon event. MAYOR'S REPORT Mayor Pinheiro spoke on the 152/156 corridor group meeting the previous week, sharing handouts from the meeting and stating that the group had been joined by two other agencies and would be meeting at various locations throughout the region. He then shared details of the 152/156 options and funding needs throughout the corridor. Mayor Pinheiro then announced that the meeting would be adjourned in honor of former Police Chief Laizure. Council Member Peter Arellano M.D. joined the meeting at 6:07 p.m. 9366 V. FUTURE COUNCIL INITIATED AGENDA ITEMS A. Consideration of Agendizing Presentation by Tim Gavin The City Council agreed to agendize the item at a future meeting. Council Member Woodward suggested agendizing an item on raising poultry and rabbits within city limits. The majority of City Council agreed to agendize the item, Council Member Dillon against agendizing it. ~.CONSENTCALENDAR A. Minutes of June 6, 2011 Regular Meeting B. Minutes of June 13, 2011 Regular Meeting C. Opening Recruitment for One (1) Open Seat on the Bicycle Pedestrian Commission D. Notice of Acceptance of Completion for the Christmas Hill Park Parking Lot Resurfacing Project, Project No. 11-CDD-186 E. Approval of the Write off of Uncollectible Delinquent Water and Sewer Accounts in the Amount of $60,732.85F. Approval of Waste Load Allocation Attainment Plan F. Approval of Waste Load Allocation Attainment Plan ~/i G. Notice of Acceptance of Completion for the Reservoir Painting Level Gauge Project, Project No. C7200913 H. Adoption of the Mitigated Negative Declaration and Adoption of Resolution 2011-36 of the City Council of the City of Gilroy Approving A1S 09-08, An Application for Architectural and Site Approval for the Demolition of Buildings on Three (3) Properties Located at 7347, 7353 and 7355 Monterey Street, Gilroy, in the Downtown Civic/Cultural Arts District; APN's 799-08-039, 799-08-040,and 799-08-041 Motion on the Consent Calendar Motion: to approve consent calendar items A, B, C, D, E, F, G, H Moved by Council Member Dion Bracco, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Mulioz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro VII. BIDS AND PROPOSALS There were none. _. VIII. PUBLIC HEARINGS There were none. IX. UNFINISHED BUSINESS A. Adoption of An Ordinance of the City Council of the City of Gilroy Amending Chapters 3B and 16 of the Gilroy City Code Regulating Alarm Systems Regarding Fees for False Alarms 9367 There were no public comments. Motion on Item IX.A. Motion: to Adopt Ordinance 2011-09 of the City Council of the City of Gilroy Amending Chapters 3B and 16 of the Gilroy City Code Regulating Alarm Systems Regarding Fees for False Alarms Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 6-1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro No: Council Member Perry Woodward B. A Resolution of the City Council of the City of Gilroy Overturning the Planning Commission's Denial of Variance V 11-01 and Granting Said Variance, 2280 Hecker Pass Highway, APN's 810-21-001 and 810-20-005 Council Member Woodward recused himself from the deliberations of the item due to a financial interest in Syngenta, he and left the dais. There were no public comments. Motion on Item IX.B. Motion: to Approve Resolution 2011-37 of the City Council of the City of Gilroy Overturning the Planning Commission's Denial of Variance V 11-01 and Granting Said Variance, 2280 Hecker Pass Highway, APN's 810-21-001 and 810-20-005 Moved by Council Member Peter Leroe-Munoz, seconded by Council Member Bob Dillon. Vote: Motion carried 6-0-1. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro Recused: Council Member Perry Woodward Council Member Woodward returned to the dais. C. Introduction of an Ordinance of the City Council of the City of Gilroy Approving Application Z 08-01, For a Change in Zoning Designation From OS (Open Space) to CI (Commercial Industrial) On Approximately 20 Acres Located at 5350 Monterey Road, APN 841-31-021 There were no public comments. Motion on Item IX.C. Motion: to Adopt Resolution 2011-38 of the City Council of the City of Gilroy Making Certain Findings Concerning Impacts and Mitigation Measures in Accordance With the California Environmental Quality Act (CEQA) In Connection With the Approval of a Zone Change From Open Space to Commercial Industrial, Z 08-01, On Approximately 20 Acres and Creation of 17 Lots, For Which an Environmental Impact Report Has Been Prepared, TM 08-01, Monterey Road Investment Group Moved by Council Member Bob Dillon, seconded by Council Member Peter Leroe- Munoz. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; 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 IX.C. Motion: to Read the Ordinance by Title Only and Waive Further Reading 9368 Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; 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 City Clerk Freels read the ordinance by title. - Third Motion on Item IX.C. Motion: Motion to Introduce an Ordinance of the City Council of the City of Gilroy Approving Application Z 08-01, For a Change in Zoning Designation From OS (Open Space) to CI (Commercial Industrial) On Approximately 20 Acres Located at 5350 Monterey Road, APN 841-31-021 Moved by Council Member Perry Woodward, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; 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. Introduction of an Ordinance 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 There were no public comments. Motion on Item IX.D. Motion: to adopt Resolution 2011-39 of the City Council of the City of Gilroy Making Certain Findings Concerning Impacts and Mitigation Measures in Accordance With the California Environmental Quality Act (CEQA) In Connection With Approval of a Zone Change From Open Space to Commercial Industrial on 2.5 Acres for Which an Environmental Impact Report Has Been Prepared, Z 09-06, Fortino Application Moved by Council Member Peter Leroe-Munoz, seconded by Council Member Perry Woodward. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; 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 IX.D. Motion: to Read Ordinance by Title Only and Waive Further Reading Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; 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 City Clerk Freels read the ordinance by title. -"'" Third Motion on Item IX.D. Motion: to Introduce an Ordinance 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 Moved by Council Member Perry Woodward, seconded by Council Member Peter Leroe-Munoz. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat 9369 Tucker; Council Member Perry Woodward; Mayor AI Pinheiro x. INTRODUCTION OF NEW 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 Senior Civil Engineer Daniel Hughes. Public comment was opened. Tim Bilyk spoke on the approval process, stating that he was charged an open space lot premium and was told there would never be any building in the area. He then stated that the amount of growth in the area since he had moved in 15 years prior had caused for a large increase in population, traffic and vandalism. Tom Espersen suggested conducting an environmental impact report (EIR) for the project and spoke on the negative declaration and mitigation measures adopted. He then explained that he believed the City Council exceeded its authority by extending the ROO units in 2010 by using the poor business climate as a basis of good cause for extension. City Attorney Callon stated that the Residential Development Ordinance required that a finding be made by the Council that circumstances for not meeting a deadline within the agreement were beyond the applicants control, explaining that the Council had made such a finding when extending the ROO units in 2010. Alatte Rieffel spoke on the project approval process suggesting that the Council delay their vote on the item, asking when the map approval had to take place. She then commented on the expansion of the City. City Attorney Callon explained that State law required that action take place at the current meeting, or at the next regularly scheduled meeting. Monica Hotak stated that she had moved to Gilroy for the sense of community and the landscape asking how much future growth the community could take. William Scheid read a letter from Deborah Albert and Virginia Bush concerning their discussions with staff regarding the 1997 determination that the slope of the hill was 30%, and too steep for building on, and the current staff determination that the grade was 28.7% and could be built on. He went on to explain that the writer's were suggesting that an independent survey of the area take place to determine the true slope. He then spoke on the discretionary steps that were previously taken, asking Council to look at the process for future development, and suggesting that the Council give additional time for review of the process. Suzanne Rodriguez read an excerpt from an article on Council responsibilities as public servants and then spoke on the EIR needs for the area. She then stated that with the number of foreclosed homes in the area, it was irresponsible to approve the final map. Sue Gassier spoke on the U.S. Constitution sharing the ability for cities to change state law. She then suggested that the City wasn't following the Brown Act because she didn't believe there was proper communication and a vote preference had been voiced by a Council member regarding the item. Alan Jensen spoke on the grade of the area explaining that he was concerned with traffic and speed up and down the street, and stating that there was need for traffic control. Richard Gasslem spoke on the need to retain property values and the inability to sell a home with all of the vacant homes in the area. Susan Catanzaro stated that her reasons for moving to the area were to enjoy the 9370 countryside and wildlife explaining that many people walked the Rancho Hills area. She then spoke on retaining her property value. Lisa Thornquist spoke on the public noticing processes and the need for noticing of non- discretionary approvals such as the ROO allocation extensions. She suggested the City Council delay taking action on the item and look into taking action against the State as she believed the approval was doing harm to the community. Andy Stewart spoke on the number of vacant homes in the community and bad economy ,w,,,,,, and stated that homes should not be built in the area as he believed it was an old Native American grave yard. Robert Paretti stated that he found out about the project when the property line stakes were recently put into the ground, suggesting the Council not approve the item, and work with the property owner to designate the area as open space. He stated that he believed the residents of the area were not properly noticed and urged the City Council to vote no. Public comment was closed. Motion on Item X.A. Motion: to Delay the item to the next Council meeting and have the City Attorney look into legal processes against the State, and have a third party review of the Final Map and provide a written analysis of how the Final Map differs from the Tentative Map that was approved in January, 2007. Moved by Council Member Peter Arellano MD, seconded by Council Member Perry Woodward. Vote: Motion carried 4-3. Yes: Council Member Peter Arellano M.D.; Council Member Peter Leroe- Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward No: Council Member Dion Bracco; Council Member Bob Dillon; Mayor AI Pinheiro The Council adjourned for a break at 7:58 p.m. The Council reconvened the meeting at 8:05 p.m. B. Overview of Green Building Standards Applied in Gilroy The staff report was presented by Plan Check Engineer Chung. There were no public comments. Motion on Item X.B. Motion: to Receive Report 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.; 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 C. 2012 City Council Regular Meeting Calendar - Mayor Pinheiro presented the item. There were no public comments. Motion on Item X.C. Motion: to Approve the 2012 City Council Meeting Calendar Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Cat Tucker. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; Council Member Dion Bracco; Council 9371 Member Bob Dillon; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; Council Member Perry Woodward; Mayor AI Pinheiro D. Review of Housing Trust Fund Financials The staff report was presented by Community Development Director Abrams. Public comment was opened. Dennis Lalor of South County Housing spoke on the housing needs in the community and previous issues regarding a planned homeless shelter. He explained that the shelter was moving forward under the direction of South County Housing and spoke on funding availability at the State level, explaining that the Housing Trust Fund funding would enable his agency to competitively apply for the State funding to complete the homeless shelter. Public comment was closed. Motion on Item X.D. Motion: Provide Direction to Staff to Prepare a Budget Amendment Providing Funds to South County Housing Moved by Council Member Perry Woodward, seconded by Council Member Bob Dillon. Vote: Motion carried 7-0. Yes: Council Member Peter Arellano M.D.; 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 E. Discussion of Gilroy Sign Enforcement The staff report was presented by Community Development Director Abrams. Council gave direction to agendize the sign ordinance during the January goal setting session. F. A Resolution of the City Council of the City of Gilroy Joining with the Santa Clara County Cities Association and Other Local Entities Calling for Federal and State Regulation of Medicinal Marijuana Mark Percel stated that Federal Laws conflicted with one-another and the request wasn't possible. He spoke on selling marijuana at local Farmers Market's versus a pharmaceutical distribution, and stated that he was confused about what the resolution would accomplish. Public comment was closed. Failed Motion on Item X.F. Motion: to adopt a Resolution of the City Council of the City of Gilroy Joining with the Santa Clara County Cities Association and Other Local Entities Calling for Federal and State Regulation of Medicinal Marijuana Moved by Mayor Pro Tempore Cat Tucker, seconded by Council Member Dion Bracco. Vote: Motion failed 3-4. Yes: Council Member Dion Bracco; Mayor Pro Tempore Cat Tucker; Mayor AI Pinheiro No: Council Member Peter Arellano MD; Council Member Bob Dillon; Council Member Peter Leroe-Munoz; Council Member Perry Woodward XI. CITY ADMINISTRATOR'S REPORTS A. City Facilities Designated as Green Business City Administrator Haglund presented the staff report. 9372 He then stated that he would be on vacation the week of August 8th. XII. CITY ATTORNEY'S REPORTS There was no report presented. XIII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17 A.8 (a)( 2) Property: 7517/7525 Monterey Street, Gilroy, California (APN 799-06-069) Negotiators: Thomas Haglund, City Administrator; Rick Smelser, City Engineer/Public Works Director Other Party to Negotiations: Sunil Patel Under Negotiations: Price and Terms of Payment ~ B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION As Defendant; Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1) and Gilroy City Code section 17A.8(a)(3): One case Facts and Circumstances: Receipt of letters from attorney for CW Development Company re: Cherry Orchard Project alleging denial of due process City Attorney Callon explained that the purposed of the Closed Session on Item XIII.B. was to allow the City Council to discuss the letters sent to the City. Mayor Pinheiro announced that the Item XIII.B. letters had been provided to Council and were open public records available to the public. There were no public comments on Items XIII.A and XIII.B. Motion to adiourn on Item XIII.B. Motion: to adjourn to closed session on Item XIII.B. 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 Council Member Woodward stated that he would be recusing from deliberations on Item XIII.A. due to his ownership of real property within 500 feet of the subject area. Mayor Pinheiro stated that Item XIII.B. would be heard first. The Council adjourned into Closed Session at 9:25 p.m. in memory of former Police Chief Laizure. Motion to Continue in Closed Session The City Council voted to continue in closed session on Item XIII.A. by the following vote: Yes: Council Member Peter Arellano, M.D.; Council Member Bob Dillon; Council Member Dion Bracco; Council Member Peter Leroe-Munoz; Mayor Pro Tempore Cat Tucker; and Mayor AI Pinheiro Absent: Council Member Perry Woodward