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Minutes 2003/07/21 Tn I 8~98 . . .. ."'-" .,,'c:.....;..'..,~: "~-~ ._---~~----- Invocation Posting Agenda Roll Call u' . .."" __ _. ~ ~ _._..u ...__________________ Regular Meeting July 21, 2003 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Dennis Nichols, South Valley Community Church, gave the Invocation. The City Clerk noted that the agenda had been posted on July 16, 2003 at 11:21 a.m. Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer - 7:00 p.m. 8099 Under Orders of the Day the Mayor noted that Item I.F.2. would be continued to August 4,2003. He stated that Item VIII.A. would follow action on Item VI.D. He noted that for those people who wish to speak regarding a medical clinic downtown, they would be heard under Item VI.E. Official Flag The Mayor accepted the new City of Gilroy official flag. Christy Bracco, President, Gilroy Exchange Club, stated that she was glad that the Gilroy Exchange Club was able to sponsor the flag. Charter Com. The Mayor noted that the update by John Adams, Charter Communications, on the status ofthe rebuild, would be continued to August 4,2003. Team Award The Mayor presented the Team Award for the Month of July, 2003 to the Council Chambers Technology Upgrades Task Force. New Employee The following new employee was introduced: Miguel Trujillo, Chemical Control Specialist III, Community Development Department. Employee Award The Mayor presented the Employee Award for the Month of July, 2003 to Jim Maestri, Engineering Technician/Inspector III, Community Development Department. Jay Baksa The Mayor noted the 20th anniversary of Jay Baksa, as City Administrator for the City of Gilroy. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. There was no comment from the audience. Councilman Pinheiro recused himself from discussion and vote on Items III.A. and III. I. Consent Calendar Motion was made by Councilman Dillon, seconded by Councilman Morales and carried that the following items under the Consent Calendar be approved, removing Item III.A. Minutes of June 30, 2003 and July 7, 2003 and also III.I. Resolution establishing Numerical Limits, by the following Roll Call Vote: Ayes: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco and Thomas W. Springer: Prop.Impr.Agr. Property Improvement Agreement No. 2003-07, Improvement Plans, and Tract Map No. 9493, Augustine Melia; Ord.2003-08 Adopted Ordinance No. 2003-08 fixing amount of revenue from property taxes necessary to pay bonded or other indebtedness of the City of Gilroy or any portion or district of the City of Gilroy for the Fiscal Year 2003 - 2004; ORDINANCE NO. 2003-08 ORDINANCE OF THE CITY OF GILROY FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO PAY BONDED OR OTHER INDEBTEDNESS OF THE CITY OF GILROY OR ANY PORTION OR DISTRICT OF THE CITY OF GILROY FOR THE FISCAL YEAR 2003-2004. PASSED AND ADOPTED this 21st day of July, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord.2003-09 Adopted Ordinance No. 2003-09 Fixing the Ad Valorem Assessment for the current fiscal year 2003-2004 necessary to pay bonded indebtedness of the City of Gilroy and the City of Gilroy Parking District No. 1 - First Division; 8100 Tract 9486 Uncollectible Accounts Accept Impr. Southpoint Bus.Park ORDINANCE NO. 2003-09 ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT FOR THE CURRENT FISCAL YEAR 2003-2004 NECESSARY TO PAY BONDED INDEBTEDNESS OF THE CITY OF GILROY AND THE CITY OF GILROY PARKING DISTRICT NO.1 - FIRST DIVISION. PASSED AND ADOPTED this 21 st day of July, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERS: NONE Tract Map No. 9486, Sunrise Estates, Phase II, Bay Colony Investors II; Write-Off Uncollectible Utility Accounts; Acceptance of Improvements, Camino Arroyo, APN 841-59-038, Southpoint Business Park Associates; and Cities That Read Agreement for meeting Cities That Read criteria to support adult literacy. Minutes Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilman Pinheiro absent) to approve the minutes ofthe Special Council Meeting of June 30,2003 and the Regular Council Meeting of July 7, 2003. Res. 2003-54 Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilman Pinheiro absent) to adopt Resolution No. 2003-54 establishing Numerical Limits for maximum total number of residential dwelling units to be built during the years 2004 through 2013, M 03-06. Pub. Hearing Z 00-08 RESOLUTION NO. 2003-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY EST ABLISHING NUMERICAL LIMITS FOR MAXIMUM TOTAL NUMBER OF RESIDENTIAL DWELLING UNITS TO BE BUILT DURING THE YEARS 2004 THROUGH 2013. PASSED AND ADOPTED this 21 st day of July, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO At 7:30 p.m., the Mayor called for a recess for cake and punch to celebrate the City Administrator's anniversary, after which he recalled the meeting to order. The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Pre-zone request to RI-PUD and PF (Single Family Residential- Planned Unit Development and Park-Public Facility), on property located at 850 Day Road. Glen Lorna Group, applicant, Z 00-08. Councilman Gartman recused himself from discussion and vote on this issue and the next issue, due to his employment with the Gilroy Unified School District, stepped down from the dais, and left the Council Chambers. The staff report was noted and further explained by the City Administrator, Planner II Durkin, and City Attorney Callon. The Mayor opened the Public Hearing. Pub. Hearing A 00-01 8101 John Filice, on behalf of the applicant, reviewed the process that has occurred on these applications. He stated that they would like to go ahead with this project as proposed. He stated that his project is in limbo, and that that was unfair. Monsignor Michael J. Mitchell, attorney for the Roman Catholic Church in San Jose, noted that the church in 1996 started looking for a new parish site for Gilroy. He reviewed other possible sites that the church had looked at. Paul McAllister noted concerns regarding the development of this property. He stated that an EIR rather than an Initial Study and Negative Declaration should have been prepared. Chris Messmer stated that the School District issued a letter of intent for a proposal for a new high school on this site. He asked the Council to keep this information in mind when making their decision. Bruce Tichinin, attorney for Neighbors for Responsible Development, stated that developers must be patient during the environmental review. He reviewed the possible segmentation and inaccurate project description. He stated that the construction of the new high school is a very probable addition to this project. He stated that this triggers the preparation of an EIR. Brian Schmidt, Green Foothills, noted that the City can legitimately halt this annexation, due to the inadequacy of the project description. He requested the City halt action on this annexation at this time. Cammie Brown, President for Neighbors for Responsible Development, noted that there is a false pretense of a housing development being proposed for this site, but that actually a high school will indeed be built on that site. She asked that a decision be delayed regarding these applications. Mark Zappa noted that the intent of the School District is clear that they are still pursuing this site for the future high school site. John Donahoe corrected a couple of comments. He stated for the record that during the 1999 RDO competition, they first revealed their intent for housing and the church on that property, and also noted that on a subsequent 2001 RDO request, it was part of the application. He stated that a public school is allowed in an Rl zone. He stated that the School District has no legal right to place a hold on this property. He noted that the request for continuance in January, 2003 was to respond to an Air Quality Management letter. John Filice stated that it is important to stay focused, and noted that a letter of intent is not a document that can be enforced. He asked that this process proceed. The Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Pinheiro and carried (Councilmembers Arellano and Springer voting no and Councilman Gartman absent) to approve the Mitigated Negative Declaration, finding that (a) it is completed in compliance with CEQA, (b) it reflects the independent judgment of the City, and (c) there is no substantial evidence that the project will have a significant effect on the environment. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried (Councilmembers Arellano and Springer voting no and Councilman Gartman absent) to direct staff to prepare an ordinance approving Z 00-08. The Mayor stated it was the time and place scheduled for a continued Public Hearing on an annexation request for 66.4 acres, located at 850 Day Road. Glen Lorna Group, applicant, A 00-01. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. 8192 Motion was made by Councilman Velasco, seconded by ~ountilman Pinheiro and carried (Councilmembers Arellano and Springer votin~no and Councilman Gartman absent) to direct staff to l'tepare a resolution' approving A 00-01. Councilman Gartman returned to his'Seat at the dais. At 9:45 p.m. the Mayor called a recess, after which he recalled the meeting to order. The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. Pub. Hearing The Mayor stated it was the time and place scheduled for a Public Hearing to consider extending a moratorium ordinance prohibiting the approval of certain uses in the downtown area until the City's study of the downtown is completed and a Downtown Specific Plan is adopted. The staff report was noted and further explained by the City Administrator and City Attorney Callon, noting that State law does not allow additional uses to be added to the ordinance. She stated that another moratorium ordinance would have to be agendized. The Mayor opened the Public Hearing. Joyce Duarte stated that the medical clinic proposed across the street from her would need about 100 parking spaces. She stated that this is not the right venue for a medical center. She stated that lessees are contemplating vacating their storefronts if the medical center is approved. Judy Garcia stated that she is opposed to a medical clinic ~t the corner of Fifth and Monterey Streets. She stated that this is not an appr~e .use for this location. Joe Rizzuto noted his opposition to the medical center proposed for the downtown. Charles Coachman noted that the City is trying to turn its downtown around. He stated that they need the support ofthe City as a whole. H~ noted that while Gilroy needs medical help for those persons who can't afford regular health insurance, he stated that the downtown ~s not the placejOr it. Dave Peoples noted that the Downtown Specific Plan Task Force is making the blueprint for the improvemeril of Downtown. He noted that the Task Force needs to assure that the Downtown returns to a retail and specialty services type of environment. Alfred Wright, representing a tenant of Ron Gurries, Mariachi Loco, noted that an attempt to transfer the business license failed and then an attempt to sell the business and ABC license ended up with the ABC license being returned to ABC. He noted that his client is losing the lease due to the "Catch-22" that the liquor license cannot be t{ansferred. He stated that this is not a "new" business, and therefore should be allowed to continue. Ron Gurries noted that he owns about a City block and a half from First Street north. He noted that this frontage has been used for many years, for just those uses that the City is trying to impose a moratorium. Susan Valenta noted that she is serving on the Downtown Specific Task Force and that they are in line for a gr;mt..towards the $200,000 cost. She stated that this tlloratorium gives the commul)ity time~elp plan. She stated that this is just a tQh1porary ordinance, noting that the existin~liliItooses will continue, and only the pew uses will be affected. 8103 Bill Lindsteadt stated that he is in favor of the moratorium. He noted that the medical facility is totally inappropriate for the downtown and especially due to the amount of parking that will be required. The Mayor closed the Public Hearing. The City Clerk noted an informal petition of 31 signatures presented for the record in opposition to the proposed moratorium ordinance. Ord.2003-10 Motion was made by Councilman Velasco, seconded by Councilman Pinheiro and carried (Councilman Gartman voting no) to adopt Ordinance No. 2003-10 extending for a period of twenty-two (22) months and fifteen (15) days Urgency Interim Ordinance No. 2003-06 prohibiting the establishment of certain uses described therein, namely, new bars and dance halls that do not offer meals, "head" shops, tattoo parlors, body piercing studios, pawn shops, sales of automobiles and automobile parts, automobile repair establishments and liquor sales for off site consumption. ORDINANCE NO. 2003-10 AN INTERIM ORDINANCE OF THE CITY OF GILROY EXTENDING FOR A PERIOD OF TWENTY-TWO (22) MONTHS AND FIFTEEN (15) DAYS URGENCY INTERIM ORDINANCE NO. 2003-06 PROHIBITING THE EST ABLISHMENT OF CERTAIN USES DESCRIBED THEREIN, NAMELY, NEW BARS AND DANCE HALLS THAT DO NOT OFFER MEALS, "HEAD" SHOPS, TATTOO PARLORS, BODY PIERCING STUDIOS, PAWN SHOPS, SALES OF AUTOMOBILES AND AUTOMOBILE PARTS, AUTOMOBILE REP AIR ESTABLISHMENTS AND LIQUOR SALES FOR OFF SITE CONSUMPTION. PASSED AND ADOPTED this 21 st day of July, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE Councilman Arellano noted for the record that this is a temporary ordinance and will be dealt with during the Specific Plan review. He stated that he hopes that the process will be open to the public and will follow the public's will. Motion was made by Councilman Pinheiro, seconded by Councilman Morales, to direct staff to prepare an ordinance to make an exception in this case to the moratorium, to allow the Mariachi Loco bar to continue, with the interpretation of the ordinance that a lawfully established business that had been continuously operated without a break of over a year, shall be considered continuously operated and still to be a lawful business, and the following motion took precedence. Motion was made by Mayor Springer, seconded by Councilman Arellano and carried to continue action to the meeting of August 4,2003 regarding the exception to the moratorium for the Mariachi Loco bar, and to direct staff to research and present options on the exception for "existing" business use. The City Attorney discussed the request for an ordinance prohibiting a medicaVdental clinic, therapy clinic, and similar uses in the downtown area. Motion was made by Councilman Pinheiro, seconded by Councilman Velasco and carried to place on the August 4,2003 agenda, a request for an ordinance prohibiting a medical/dental clinic, therapy clinic, and similar uses in the downtown area, and to request input from the Downtown Specific Task Force regarding this. The Mayor returned to the regular order of the agenda. 8104 Pub.Hearing Z 03-03 Pub. Hearing TM 03-02 A/S 03-13 The Mayor stated it was the time and place scheduled for a Public Hearing on a Zone Change request to rezone 2 acres from Rl (Single Family Residential) to RI-PUD (Single Family Residential-Planned Unit Development), located at 8860 Kern Avenue, James Suner, applicant, Z 03-03. The staff report was noted and further explained by Planner I Polubinski. The Mayor opened the Public Hearing James Suner noted that these parcels were originally subdivided in the County many years ago. He noted that this is a continuation ofthe Warmington Homes development in the area. Don Pierce stated that his property is two feet below the adjacent development, which has a retaining wall. He noted that he had three feet of water standing on his property last winter. He stated that he does not want water pouring onto his property like last year. He suggested that the City approve single story homes for Gilroy. The Mayor closed the Public Hearing. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried (Councilman Velasco voting no) to direct staff to prepare an ordinance approving Z 03-03. The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide 2 acres into 11 single family lots in a R 1 (Single Family Residential zone, located at 8860 Kern Avenue, James Suner, applicant, TM 03-02. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Motion was made by Councilman Arellano, seconded by Councilman Velasco to continue this request to September 15, 2003, and Councilman Velasco withdrew his second to the motion, with no other second offered, and therefore the motion failed for lack of a second. Motion was made by Councilman Morales, seconded by Councilman Pinheiro and carried (Councilman Arellano voting no) to direct staff to prepare a resolution approving TM 03-02. The Mayor noted an Architectural & Site review to allow an 11 unit single family residential development on 2 acres, in a Rl (Single Family Residential) zone, located at 8860 Kern Avenue, James Suner, applicant, A/S 03-13. The staff report was noted and further explained by Planner I Polubinski. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried (Councilman Arellano voting no) to direct staff to prepare a resolution approving A/S 03-13. Michael Schaut The Mayor noted a letter of resignation from Michael Schaut, Bicycle/ Pedestrian Advisory Board member. Motion was made by Councilman Velasco, seconded by Councilman Dillon and carried to accept the resignation with regrets. Motion was made by Councilman Dillon, seconded by Councilman Arellano and carried to include the opening with the 2003 recruitment/application period. The following informational items were noted with no separate discussion on same: Library Com. 6-11-03 P&RCom. 6-17-03 Sr.Adv.Bd. 6-16-03 SCRWA 6-10-03 Youth Com. 6-9-03 Planning Com. 7-10-03 8105 Legislation: Letter from Assemblymember Simon Salinas to Mayor Springer thanking him for sharing his concerns about the possibility of reductions in local funding. Customer Service: Email ofthanks from Lisa Jensema and Sandra Sammut to Jackie Bretschneider and Miguel Trujillo for helping coordinate logistics for the aerosol spray can collection event at Orchard Supply Hardware; and Note ofthanks from Mujeres Pueden staff to Scott Barron for helping them out with computer and DSL problems. Informational items: Gilroy Economic Development Corporation minutes of June 13,2003; Letter from Roccie Hill, Housing Trust of Santa Clara County, thanking the City of Gilroy for the donation of$15,000 for their 2+2=2000 campaign; and City of Gilroy Investment Report dated June, 2003. The minutes of the Library Commission meeting of June 11, 2003 were noted. The minutes of the Parks & Recreation Commission meeting of June 17, 2003 were noted. The minutes of the Senior Advisory Board meeting of June 16,2003 were noted. The minutes of the South County Regional Wastewater Authority meeting of June 10, 2003 were noted. The minutes of the Youth Commission meeting of June 9, 2003 were noted. The report of the Planning Commission meeting of July 10, 2003 was noted. Neigh.District The report ofthe Neighborhood District Implementation Task Force meeting Task Force of June 17,2003 was noted. 6-17-03 The City Administrator noted that $47 million+ in bonds would be sold tomorrow for the facilities bond. Councilman Gartman stated that he hopes everyone has a wonderful time at the Garlic Festival. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 JULY 2003 21 Interviews - Youth Commission - 6:00 p.m., Gilroy City Council Chambers 21 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED) 23 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center AUGUST 2003 4 Study Session - Police Facility - 6:00 p.m., Gilroy City Council Chambers 4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 12 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy lSl 06~ I Adjournment -,.... ,i'".^..,.,~,'Y'''~'''!.'.~5::i~'.:'.'',:';;:''~::'1!:F~_..,~,.~-.'.. 12 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center (CANCELLED) 13 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center 18*Regular City Council Meeting - 7:00 p.m., City Council Chambers (CANCELLED) 19 Neighborhood District Task Force -7:00 p.m., Gilroy Senior Center (CANCELLED) 26 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 27 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center SEPTEMBER 2003 2*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 9 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED) 9 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 10 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center 15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 16 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 22 Quarterly Workshop with the Gilroy Unified School Board -7:00 p.m., Gilroy City Council Chambers 23 SCR W A Meeting - 7: 3 0 a. m., 1500 Southside Drive, Gilroy 24 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center 29 Study Session - Infrastructure Master Plans and Nexus Study Review - 6:00 p.m., Senior Center Meeting Room At 12:27 a.m. the Mayor adjourned the meeting on July 22,2003. Respectfully submitted, ~) . ,/ // ~., / / ILll Le{>, .. /s/ RHONDA PELLIN, CMC City Clerk