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Minutes 2003/10/06 1 - .'-", _.':" -,-..,. ~',-.'-"':"""""-":.n'.)"".'~'.Ln:'-;;<c,;;"":,-.""'"",~~,,C', ---_.._.~._-_._--..._- o;'''~~::::::""~,'''".,,~..:..-~:,.~::::.::,,~,=,=,, .;:::,,",,, ~'i"'."!"'..'v,,' .''c.:- ~;:.~:'4~"!l'~:.~,;.:.p.,":}j~'-,',,",",'iC':,=';'=:~~,;"';,-,,,,,.~,,~:,,...:-:..'\;':.;;r.,,;-"'; ''';;:.:::m~.:':;:''~':'.c./~~;:',~~~;'.'i;':'',.':';~.:c:':'':(-::,r.e;./.~ ~':."_<_~~.j:E:::'.~,;';.~':';''''''_':.,:;~d~';':.:o-'~'.~.''~:':":".c.',',' 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, ~-1.. - J- : ..... / I" fu'itL~. .' L. {. u.J /s! RHONDA LLIN, CMC City Clerk