Minutes 2003/10/06
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8130
Regular Meeting
October 6, 2003
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Posting
Agenda
The City Clerk noted that the agenda had been posted on October 1, 2003
at 11:00 a.m.
Roll Call
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, AI Pinheiro, Roland Velasco, and Thomas W.
Springer - 7:00 p.m.
Under Orders of the Day the Mayor noted that Item VII.A. would be
continued at the request of the applicant to the meeting of October 20, 2003. He
also noted that Item VI.A. would be continued to the meeting of October 20, 2003
at the request of staff He requested that the score of the Oakland As game not be
announced.
New Employee The following new employee was introduced: Marlene Aza, Office Assistant I,
Police Department.
Proc.- China Day The Mayor noted a proclamation for People's Republic of China Day-
September 27,2003, which was previously mailed to the recipient.
Proc.-Falun
Dafa Week
The Mayor noted a proclamation for Falun Dafa Week - September 21-27,
2003, which was previously mailed to the recipient.
Proc.-Lawsuit The Mayor noted a proclamation for Lawsuit Abuse Awareness Week-
Abuse October 6-11, 2003, which was previously mailed to the recipient.
Proc.-Los
Arroyos
The Mayor noted a proclamation for Los Arroyos Neighborhood Celebration
Day - September 20, 2003, which was previously presented to the recipient.
8131
Charter Com. The Mayor noted an update by and introduction of Charter Communications
Vice-President Ed Merrill.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Glen Gurries thanked the Mayor and Council members for allowing them to be
the proud custodians of Old City Hall and noted that their restaurant is now open
for business.
Lorin Wegand asked about the progress for renovation of downtown and an
update on the old Garlic Festival Store. He submitted his name and telephone
number and was told that staff would respond to his questions.
Consent
Calendar
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried that the following items under the Consent Calendar be approved, 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:
Minutes
Minutes of the Regular Council Meeting of September 15, 2003;
Ord.2003-15
Adopted Ordinance No. 2003-15 amending Section 16.6-1 of Chapter 16 of
the Gilroy City Code, entitled Offenses-Miscellaneous, to update various
references pertaining to gambling regulation;
ORDINANCE NO. 2003-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING SECTION 16.6-1 OF CHAPTER 16 OF THE GILROY CITY
CODE, ENTITLED OFFENSES-MISCELLANEOUS, TO UPDATE VARIOUS
REFERENCES PERTAINING TO GAMBLING REGULATION.
PASSED AND ADOPTED this 6th day of October, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Ord.2003-16 Adopted Ordinance No. 2003-16 adding a new section, Article VI [entitled
"Regulation of Massage Establishments and Massage Practitioners"] to Chapter 13
[entitled "Licenses"];
ORDINANCE NO. 2003-16
AN ORDINANCE OF THE CITY OF GILROY ADDING A NEW SECTION,
ARTICLE VI [ENTITLED "REGULATION OF MASSAGE
EST ABLISHMENTS AND MASSAGE PRACTITIONERS"] TO CHAPTER 13
[ENTITLED "LICENSES"].
PASSED AND ADOPTED this 6th day of October, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Accept.Police Accepted the Construction of the Police Facility Site Demolition Project,
Facility Site Project No. 03-CDD-l-l, Buccaneer Demolition, a Division of Garden City
Demolition Construction; and
Budget
Budget Amendments/Transfers as recommended.
Plan. Com.
Report
Russ Valiquette, Chairman of the Planning Commission, noted the consensus
of the Commission that there is a better communication between the Planning
Commission and the City Council. He thanked staff and the Council for their
assistance during his tenure as Planning Commission chairperson.
8132
Pub.Hearing
Hotel Reg.
Pub.Hearing
Z 02-09
Pub.Hearing
GPA 03-04
Pub.Hearing
Z 03-09
Pub.Hearing
Z03-12
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on an Ordinance of the City Council of the City of Gilroy amending the
Gilroy City Code Chapter 25A, adding a new section 25A.14 regarding Hotel
Registration.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to continue this request to the meeting of October 20, 2003 at the
request of staff
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Citywide zoning ordinance text update for consistency with the
newly adopted General Plan, in addition to miscellaneous updates and map
amendments for consistency with the General Plan. City of Gilroy, applicant,
Z 02-09.
The staff report was noted and further explained by Planner II Casper. She
distributed a handout on the answers to the questions from the workshop held on
this issue.
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to direct staff to prepare an ordinance approving Z 02-09.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a request to amend the General Plan designation from General Services
Commercial to Low Density Residential on 2.5 acres, located at 6555 Monterey
Road, zoned C3 (Shopping Center Commercial). James Suner, applicant, GP A
03-04.
The staff report was noted and further explained by Planner II Casper.
The Mayor opened the Public Hearing.
James Suner explained the history of the site and answered questions posed by
the Councilmembers.
Bill Lindsteadt lent his support for conversion of this land to residential use.
The Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to direct staff to prepare a resolution approving GP A 03 -04.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a request to rezone 2.5 acres, located at 6555 Monterey Road, from C3 (Shopping
Center Commercial) to Rl (Single Family Residential). James Suner, applicant, Z
03-09.
The staff report was noted and further explained by Planner II Casper.
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to direct staff to prepare an ordinance approving Z 03-09.
The Mayor stated it was the time and place scheduled for a Public Hearing on
an addition to the City of Gilroy Zoning Ordinance Section 31 (Off Street Parking
Requirements), to address parking requirements in the Downtown C2 (Central
Business District), to include provisions that will allow up to a 25% reduction in
required parking, and a provision that will allow reductions in parking greater than
25% with specific findings. City of Gilroy, applicant, Z 03-12. Also,
Pub.Hearing
Z 03-13
8133
consideration of an Ordinance of the City of Gilroy amending Gilroy City Code
Section 7.4 by adding Section 7.4.1 to eliminate certain charges to development
projects in the C-2 Central Business District Zone.
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing.
Bill Lindsteadt asked that the parking requirements be totally eliminated for the
downtown C2 area. It was noted that that would be possible, but would have to
be approved by the Planning Division Manager on a case by case basis. He stated
that the elimination of certain charges to development projects in the C2 zone is
terrific, and asked that if it works, that this be extended to the C 1 zone.
Steve Shrepfer, downtown property owner for 17 years, noted that the task
force has come up with terrific ideas, but this needs to be extended to the C 1 zone.
The Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Pinheiro
and carried to read the ordinance by title only and waive further reading of the
Ordinance for Z 03-12. The City Clerk read the ordinance by title only.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to introduce an Ordinance of the City of Gilroy amending Zoning
Ordinance Section 31 by adding Section 31.90, authorizing on an interim basis the
approval in the C-2 Central Business District of development projects that provide
fewer off-street parking spaces than currently required by the Zoning Ordinance or
the Downtown Parking District, and providing for the sunset hereof
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to read the ordinance by title only and waive further reading of the
Ordinance regarding fee amendments. The City Clerk read the ordinance by title
only.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to introduce an Ordinance of the City of Gilroy amending Gilroy City
Code Section 7.4 by adding Section 7.4.1 to eliminate certain charges to
development projects in the C-2 Central Business District Zone.
The Mayor stated it was the time and place scheduled for a Public Hearing on
an amendment to the City of Gilroy Zoning Ordinance Section 35 (Antennas and
Windmills), to establish regulations and standards for the processing of
applications regarding Wireless Telecommunication Facilities and Antennas within
the City of Gilroy. City of Gilroy, applicant, Z 03-13.
The staff report was noted and further explained by the City Administrator and
Community Development Director Rooney.
The Mayor opened the Public Hearing.
Mark Lyons noted his presentation to the Council at the beginning of this
process.
Ronald Gong commended Community Development Director Rooney on her
presentation and ordinance. He distributed comments on the proposed ordinance.
Chris Cote commented that he never stated that radiation has an effect on
chemical bonds. He eXplained that it was better to be safe than sorry. He stated
that this is an excellent ordinance. He commented that 500' is not a long distance
from a school or residence in regard to notification. He requested fencing be
required around the structures.
The Mayor closed the Public Hearing.
8134
A 00-01
Z 03-06
SPE 03-01
SPE 03-04
SPE 03-03
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to continue this decision to October 20, 2003.
Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried to continue adoption of a resolution making determinations and
approving the reorganization of territory designated "Day Road Reorganization
No. 00-01," property located contiguous to and north of the City limits and
beginning at Santa Teresa Boulevard and extending northwest along Day Road
approximately 66.8 acres (APNs 783-16-020, 783-16-022), Glen Loma Group,
applicant, A 00-01 to the meeting of October 20,2003 at the request of the
applicant.
The Mayor noted an Ordinance of the City Council of the City of Gilroy
approving an application for a Zoning Text Amendment for Section 22, Industrial
Use Table, to allow "Ancillary Retail" sales under specific conditions, with
approval of a Conditional Use Permit granted by the Planning Commission. Hai
Tran, Five-Day Furniture Warehouse, applicant, Z 03-06.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to read the ordinance by title only and waive further reading of the
Ordinance. The City Clerk read the ordinance by title only.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to introduce an Ordinance of the City Council of the City of Gilroy
approving Z 03-06.
The Mayor noted a Small Project Exemption request to allocate 15 lots, for a
single family subdivision on 37. 19 acres in an Al (Agriculture) zone, located at
Miller Avenue, southwest of Santa Teresa Boulevard. Ernie FilicelMcCormack
Partnership, applicant, SPE 03-01.
The staff report was noted and further explained by Planner II Durkin.
Ernie Filice noted that there would probably be more than 50% for open space.
He asked for approval of this application.
Motion was made by Councilman Morales, seconded by Councilman Arellano
and carried to direct staff to prepare a resolution approving SPE 03-01.
The Mayor noted a Small Project Exemption request to allocate 12 lots, for a
single family subdivision on 4.5 acres in an Rl (Single Family Residential) zone,
10cat3ed on the north end of Mesa Road and Miller Avenue. Don Thompson,
applicant, SPE 03-04.
The staff report was noted and further eXplained by Planner II Casper.
Arnold Brunetti, on behalf of the applicant, stated that they are in agreement
with the staff report.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to direct staff to prepare a resolution approving SPE 03-04.
The Mayor noted a Small Project Exemption request to allocate 16 lots, for a
single family subdivision on 3.8 acres in an Rl (Single Family Residential) zone,
located at Farrell Avenue, west of Church Street. James Suner, applicant, SPE 03-
03.
The staff report was noted and further explained by Planner I Polubinski.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to direct staff to prepare a resolution approving SPE 03-03.
8135
CEQA
Thresholds
Study
The Mayor noted a CEQA (California Environmental Quality Act) Thresholds
of Significance Study and CEQA review procedure recommendations. City of
Gilroy, applicant, M 02-08.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to continue this request to a study session to be held on October 27,
2003 and to the meeting of November 3,2003. It was noted that a study session
on the Agricultural Mitigation Program will also be held on October 27,2003.
Richard Young The Mayor noted a letter of resignation from Richard Young from the PAC
(Public Art Committee).
Motion was made by Councilman Pinheiro, seconded by Councilman Arellano
and carried to accept the resignation with regrets.
Motion was made by Councilman Pinheiro, seconded by Councilman Arellano
and carried to add this to the current board/commission recruitment.
Jeanne Gage The Mayor noted a letter of resignation from Jeanne Gage, Parks and
Recreation Commission.
Motion was made by Councilman Pinheiro, seconded by Councilman Arellano
and carried to accept the resignation with regrets.
Motion was made by Councilman Pinheiro, seconded by Councilman Arellano
and carried to add this to the current board/commission recruitment.
The following informational items were noted with no separate discussion on
same:
Legislation:
Letters to Senator Bruce McPherson and Assemblyman Simon Salinas
regarding opposition to SB 18 - Native American sacred sites.
Customer Service:
Email of appreciation from Tim Price to Lisa Dover stating that his family had
a very fun and informative time at the Health Fair;
Letter of thanks from Kathryn Sakahara to Wendie Rooney for serving as an
evaluator on an oral board;
Letter of thanks from John H. Wilkinson, Rebekah Children's Services, to
Detective Wes Stanford for his assistance with an investigation;
Email of thanks from Johnny Van Dyke, South County Housing, to Lupe
Gutierrez, Gerald Bumanglag, and Mario Felix for cleaning the Los Arroyos park
site in preparation of the neighborhood party;
Memorandum of thanks from Bob Connelly to Bill Faus, Rick Smelser, and
Kristi Abrams for their excellent suggestions and contributions regarding future
large tree designations in new developments;
Memorandum of commendation from Cathy Mirelez to Lucy Solorzano for her
dedication and quality of work in regards to the 2003 "Gilroy Art & Culture
Exhibit;"
Memorandum of thanks from Cathy Mirelez, on behalf of the Museum staff
and the Recreation Division, to the maintenance and landscape crews for the
excellent job cleaning the Willey House interior and exterior for the 2003 "Art &
Culture Exhibit;" and
8136
A& C Com.
8-12-03
Letter expressing her gratitude from Claudia K. Salewske for support of the
Gilroy Museum, including the assistance of Lucy Solorzano, Susan Voss, and Tom
Howard.
Informational items:
City of Gilroy Investment Report dated August, 2003;
Minutes of the Gilroy Visitors Bureau Board of Directors meeting of August
12,2003;
Letter from Jay Baksa to Roger Briggs, RWQCB, regarding Perchlorate
Contamination;
Letter from Mayor Springer to Lupita Gaeta commending her on twenty-three
years of dedicated service as a City employee;
Update on the League of California Cities position on PG&E Bankruptcy
Settlement; and
Information from Traffic Engineer Abrams regarding an all-way stop request at
the intersection ofLuchessa Avenue and Chestnut Street.
The minutes of the Arts and Culture Commission meeting of August 12, 2003
were noted.
Neigh.Dist.TF The report of the Neighborhood District Implementation Task Force meeting
7 -15-03 of July 15, 2003 was noted.
P & R Com.
8-19-03
SCRW A
7-30-03
California
Railroad
Museum
The minutes of the Parks & Recreation Commission meeting of August 19,
2003 were noted.
The minutes of the South County Regional Wastewater Authority meeting of
July 30, 2003 were noted.
The City Administrator distributed information on the Agricultural Mitigation
Program, for the study session to be held on October 27,2003 at 6:00 p.m. in the
Council Chambers.
The City Administrator gave an update on the California Railroad Museum
process. The Council agreed that the task force should meet with Union
Pacific Railroad on this request.
Soundwall The City Administrator gave an update on the proposed Sound Wall located at
Tenth Street the southbound US 101 offramp at Tenth Street.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried that 1) they would prefer that a soundwall not be constructed, 2) if a
soundwall is required, that it be something creative, or 3) that if a sound wall is
required, that it match the City of Gilroy's aesthetic criteria to include landscaping
on both sides ofthe soundwall.
The Mayor noted the opening of Old City Hall Restaurant, and questioned
whether the Council could possibly schedule dinner after the retreat this Friday
night.
Councilman Velasco questioned the status of SB 2, and the City Administrator
stated that he is aware of this bill regarding health care and is working on it.
Councilman Arellano questioned the VLF and what is going on with that. He
was told that we will find out tomorrow after the vote, what may happen.
The Mayor noted the special election tomorrow, and requested citizens get out
and vote.
8137
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
OCTOBER 2003
6 Study Session - Review Redesign Options and Cause & Effect Matrix for the
new Police Facility - 6:00 p.m., Gilroy City Council Chambers
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 Council Mini-Retreat - 12:30 p.m., Gilroy Senior Center Meeting Room
14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
14 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior
Center
20 Closed Session - City Administrator Performance Review - 6:00 p.m., Gilroy
City Council Chambers
20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
21 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
28 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
NOVEMBER 2003
3 * Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
11 SCR W A Meeting - 7: 3 0 a. m., 1500 Southside Drive, Gilroy
17 Study Session - Review and Approve Redesign Documents and Draft Master
Plan Update Alternatives for the new Police Facility - 6:00 p.m., City Council
Chambers
17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
18 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior
Center
19 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
21 Joint City CouncillPolice Department/Fire Department Mini-Retreat - 9:00
a.m., Chamber of Commerce Board Room, 7471 Monterey Street
25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
DECEMBER 2003
1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 Interviews for Boards/Commissions - 6:00 p.m., Gilroy City Council
Chambers
9 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
9 Downtown Specific Plan Task Force Meeting - 6:00 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
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment At 9:32 p.m., the Mayor adjourned the meeting to a closed session.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a)
Name of Case: Five-Day Furniture Warehouse (CV 817382)
At 9:42 p.m., the Mayor reconvened the meeting and announced that no action
had been taken in the Closed Session, and further adjourned the meeting to the
next regularly scheduled meeting of October 20, 2003.
Respectfully submitted,
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/s! RHONDA LLIN, CMC
City Clerk