Minutes 2004/01/20
8178
Regular Meeting
January 20, 2004
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Invocation
Pastor Mike Zukowski, South Valley Community Church, gave the Invocation.
Posting
Agenda
The City Clerk noted that the agenda had been posted on January 14, 2004
at 2:45 p.m. and the addendum posted on January 15,2004 at 4:40 p.m.
Roll Call
Present: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman,
Charles S. Morales, Russ Valiquette, Roland Velasco, and Al Pinheiro - 7:00 p.m.
Under Orders of the Day, the Mayor noted an additional New Business item
regarding Bonfante Gardens and also noted the plan to move the Suner project
before the Mesa Ridge Investors project.
New Employee The following new employee was introduced: David Chulick, Information
Systems Director, Administrative Services Department.
Proc.-Volunteer The Mayor noted a proclamation for Volunteer Blood Donor Month - January,
Blood Donor 2004, which was previously mailed to the recipient.
Employee
Award
The Mayor presented the Employee Award for the Month of January, 2004 to
Rodger Maggio, Deputy Fire Marshal, Community Development Department.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Bill Lindsteadt shared a recent project that the Economic Development
Corporation completed - the Builders Supply Resource Directory. He also shared
the new CD business card for the Gilroy Economic Development Corporation,
Chris Cote read a quote by Dr. Martin Luther King and noted issues regarding
the EIR for the proposed Super WalMart. He noted a proposed Gilroy Energy
Independence Ordinance.
Consent
Calendar
Motion was made by Councilman Valiquette, seconded by Councilman
Morales and carried that the following items under the Consent Calendar be
approved, by the following Roll Call Vote: Ayes: Councilmembers: Paul Correa,
Robert T. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland
Velasco and Al Pinheiro:
Minutes
Minutes of the Regular Council Meeting of January 5, 2004;
Emp.Sugg.Prog. Revised Employee Suggestion Program;
Claims Denied claims of Fernando Lopez and Suzanne Rodriguez;
Res.2004-08 Adopted Resolution No. 2004-08 supporting Measure B - a ballot measure to
continue support for Santa Clara County libraries;
RESOLUTION NO. 2004-08
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SUPPORTING MEASURE B - A BALLOT MEASURE TO CONTINUE
SUPPORT FOR SANTA CLARA COUNTY LIBRARIES.
PASSED AND ADOPTED this 20th day of January, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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Budget Budget Amendments/Transfers as recommended; and
Paid Military Extended the Paid Military Leave Program.
Leave Program
Youth Com.
Report
Bid-Aerial
Ladder Fire
Truck
Bonfante
Gardens
Ty Ashford and Allan Chan, Youth Commissioners, gave a report on the
activities of the Youth Commission, including the Relay for Life, the skateboard
competition, the Garlic Festival, Battle of the Bands, Breakfast with Santa and
letters to Santa, and a joint meeting with the Morgan Hill Youth Commission.
Commissioner Ashford announced the new Youth Commissioners appointed in
August. Commissioner Ashford noted their recent retreat and planned activities.
Commission Chan reviewed their upcoming activities for 2004.
The City Administrator presented a recommendation to award a bid to Hi..Tech
Fire Apparatus Inc. for one (1) 2004 Model Year 75' Aerial Ladder Fire Truck in
the amount of$573,407.83.
Motion was made by Councilman Valiquette, seconded by Councilman
Morales and carried to award the bid to Hi-Tech Fire Apparatus Inc. for one (1)
2004 Model Year 75' Aerial Ladder Fire Truck in the amount of$573,407.83.
The Mayor noted a request by Bonfante Gardens' attorney to amend the
Senior Lien Loan Agreement for the Bonfante Gardens' bonds.
Councilman Valiquette recused himself from discussion and vote on this issue
due to his employment with Bonfante Gardens, stepped down from the dais, and
left the room.
The staff report was noted and further explained by Administrative Services
Director Dorn.
Res. 2004-09 Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried to adopt Resolution No. 2004-09 approving and authorizing the
execution of Amendment to Senior Lien Loan Agreement for City of Gilroy Senior
Lien Project Revenue Bonds (Bonfante Gardens Theme Park Project) and
directing related actions.
Pub.Hearing
Z 03-16
RESOLUTION NO. 2004-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT
TO SENIOR LIEN LOAN AGREEMENT FOR CITY OF GILROY SENIOR
LIEN PROJECT REVENUE BONDS (BONF ANTE GARDENS THEME PARK
PROJECT) AND DIRECTING RELATED ACTIONS.
PASSED AND ADOPTED this 20th day of January, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VALIQUETTE
Councilman Valiquette returned to his seat at the dais.
The Mayor deviated from the regular order of the agenda to accommodate
interested persons in the audience.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Zone Change request to re-zone 3.84 acres from R2 (Two Family Residential) to
R2-PUD (Two Family Residential/Planned Unit Development), located at 240
Farrell Avenue. James Suner, applicant, Z 03-16
The staff report was noted and further explained by Planner II Polubinsky for Z
03-16, TM 03-06, and A/S 03-33.
The Mayor opened the Public Hearing for Z 03-16 and TM 03-06.
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Pub.Hearing
TM 03-06
A/S 03-33
Pub. Hearing
Z 03-15
James Suner reviewed the project.
The Mayor closed the Public Hearing.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Velasco voting no) to direct staff to prepare an ordinance
approving Z 03-16.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to sub-divide 3.84 acres into 18 single family lots, on
property zoned R2 (Two Family Residential) located at 240 Farrell Avenue. James
Suner, applicant, TM 03-06.
Motion was made by Councilman Dillon, seconded by Councilman Correa and
carried ( Councilman Velasco voting no) to direct staff to prepare a resolution
approving TM 03-06.
The Mayor noted an Architectural & Site review Planned Unit Development
request to allow the construction of 18 single family homes on property zoned R2
(Two Family Residential) located at 240 Farrell Avenue. James Suner, applicant,
A/S 03-33.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Velasco voting no) to direct staff to prepare a resolution
approving A/S 03-33.
The Mayor returned to the regular order of the agenda
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Zone Change request to rezone 19.2 acres from Al (Agriculture) to
Rl - PUD (Single Family Residential- Planned Unit Development) on property
located between Miller Avenue and Mesa Road, north of Thomas Road, at Santa
Teresa Boulevard. Mesa Ridge Investors, LLC, applicant, Z 03-15.
The staff report was noted and further eXplained by Planner II Polubinsky for
Z 03-15, TM 02-11, and A/S 03-36.
The Mayor opened the Public Hearing for Z 03-15 and TM 02-11.
Skip Spiering reviewed the original RDO application. He noted that the
request had been reduced to 60 units, with additional open space. He distributed a
letter from Thomas Reid Associates, Environmental Consultants, regarding
mitigation for potential impacts to the California Tiger Salamander (CTS). He
reviewed the project.
Tom Ruby clarified points on the CEQA and the EIR process. He noted the
revised site plan and the increased size of the habitat area. He noted the new
breeding pond and access. He noted that these new mitigation measures would be
incorporated into the project.
Malcolm Sproul, environmental consultant to Karen Christopher, clarified that
the road coming down from Eagle Ridge is not an access road, but rather an EVA.
He noted that is not a barrier to the salamander movements. He noted that his firm
has been monitoring salamander movements in this area of the Farman Canyon
Pond. He emphasized that it is critical to maintain an area large enough for
breeding purposes. He noted that the Mesa Ridge project impacts and encroaches
on the area most likely to support the CTS area. He stated that the barrier wall
will impact the salamander's movement. He noted that the project significantly
impacts the habitat area on the Christopher project. He submitted a packet of
information supporting his statements.
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Janette Schue of Shute, Mihaly & Weinberger, representing Karen Christopher,
stated that the CEQA process has not worked here. She noted that the function of
CEQA is to analyze the environmental impacts of a project and disclose them and
mitigate them. She noted that the EIR fails to provide an adequate analysis of
impacts. She noted that there is not an adequate analysis regarding the impacts on
the adjacent property. She noted that a second breeding pond showed up again
tonight as an option. She stated that is not procedurally proper, since it was not in
the EIR previously. She stated that the EIR is not complete and should not be
certified.
Jim Fletcher, professional engineer, stated that a loss should be fully
compensated on-site. He questioned why from the beginning two full access
points would be required, and then a second point was not required. He noted that
ordinances state one thing, but variances have been allowed without proper
documentation. He noted the PUD requirements of open space and tot lots, and
stated that the habitat is not considered park land.
Robert Christopher, Gilroy land and business owner, noted that the Council
has a dilemma with this project. He stated that staffhas recommended approval,
and the Planning Commission has recommended denial of the project. He stated
that the staff recommendation was not objective. He noted that Karen Christopher
was not notified early in the process regarding the EIR. He commented on tht~
Fish and Game Department's different mitigation on this project vs. the
Christopher project.
Alex Larson, business owner in Gilroy, noted his family history. He noted that
this is our community. He stated that this project is less dense than that required
by the General Plan. He noted that these homes will be for regular Gilroy
residents. He explained that he requested a buffer along the ridge line of over
4,000 sq.ft., and Mr. Spiering provided that on the map today.
At 9:08 p.m., the Mayor called for a recess, after which he recalled the me1eting
to order.
Geary Coats, on behalf of neighbors of this project, stated that they are no1t
opposed to development of this area, but that the project has changed from what
was originally approved. He noted that they would support the original proposal.
He also requested single story buildings along the southwest side (lots 45-51). He
asked that about 42-45 units be approved with the original plan.
Ron Erskine, Gilroy business owner, noted a letter in the newspaper from
Karen Christopher, and that he was angered by what she said about the projeclt and
staff He stated that this letter was offensive to those in Gilroy with scruples.
Toni Filice, representing some of the owners, noted that they are not a part of
Glen Loma Filice family or a part of the developer Filices, and have not received a
large number of build outs. She noted that Fish and Game, the Planning Division,
and the Planning Commission have reviewed this. She noted that changes may
have occurred to accommodate the individuals who have given input on the
project.
Conrad K. Bortz, stated that this project is next to his house, and is an uncut
gem. He noted that this project is still in process. He noted that we need to strive
to maintain a partial greenbelt for Gilroy. He stated that the environmental
impacts of this project will be immense.
Frank Flautt, noted that he lives on Mesa Road, and stated that it is a beautiful
area. He commented that most of the homes are on larger acre lots. He stated
that the density proposed is too much. He stated that it is an area of custom and
semi-custom homes. He asked that the proposed project be compatible with what
is currently there. He asked that the Council use common sense with this project.
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Pub. Hearing
TM 02-11
Carl Sutton stated that he lives at Mesa Ranch, and noted that he can see this
project from his home. He stated that this project is too dense, that it would be
better with only 30 homes.
Marian Yoder, resident of Dawn Way, noted safety corwerns with the narrow
streets and no sidewalks. She stated that she walks with her husband, who is in a
wheelchair, and asked that the density be reduced.
Karen Christopher noted that her heart is still in Gilroy, even though she lives
in Colorado and Morgan Hill. She stated that she felt like she was blind sided
again and put at a disadvantage. She noted that she has received copies of
documents provided to the City, and stated that now a new breeding pond and
picnic area are in the plan. She stated that there are too many map versions out for
review. She explained that the Fish and Game comment did not even seem to
know if they were reviewing the correct map. She asked the project developers to
renegotiate with the neighbors.
Arminta Jensen, RJA Associates, Project Engineers, clarified some technical
points. She explained the parking restrictions and where the sidewalks would be
located. She noted that a recommended condition of approval by the Fire
Department #38 requires fire sprinklers and #39 requires a larger street width for
the emergency vehicles.
Tom Ruby eXplained that it is not inappropriate to add/identify mitigation
measures through an EIR process. He noted specific mitigation measures that
were included in the project during the process. He noted that State agencies have
concurred with the mitigation measures proposed, including the breeding pond and
culvert bridge, which were added during the process. He noted an additional 20
acres of off-site mitigation area that will be provided.
Skip Spiering noted that the character of the neighborhood has been expressed.
He stated that there is nothing wrong with small lots, although the proposed lots
are not small. He noted that this was a neighborhood district in the General Plan
with 6 units per acre, and they have dropped that number lower. He stated that he
takes it personally that it has been stated that something illicit has occurred due to
this project.
The Mayor closed the Public Hearing.
Fire Chief Clet clarified the EV A changes that were made, noting that the
proposed EVA did not make sense for this requirement. He noted that this was his
solution in responding to Mrs. Christopher's request to review the EVA
requirement. He noted that several projects have now been reviewed to have
sprinklering rather than a second EV A.
Teri Wissler, EMC Planning Group, environmental consultant, reviewed some
of the issues brought up as to whether the EIR is adequate. She noted that even
though there can be disagreements between experts, that does not make an EIR
inadequate.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to certify the Environmental Impact Report (EIR) finding that (a) it is
completed in compliance with CEQA, (b) it reflects the independent judgment of
the City, and (c) to direct staff to prepare Specific Findings with respect to each
significant effect identified within the EIR.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to direct staff to prepare an ordinance approving Z 03-15.
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Tentative Map request to subdivide 19.2 acres into 60 single family
residential lots on property zoned Al (Agriculture) located between Miller Avenue
and Mesa Road, north of Thomas Road, at Santa Teresa Boulevard. Mesa Ridge
Investors, LLC, applicant, TM 02-11.
A/S 03-36
Sister City
Association
8183
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilmembers Pinheiro and Velasco voting no) to direct staff to
prepare a resolution approving TM 02-11, to include a tot lot and picnic area
elsewhere on the site.
The Mayor noted an Architectural & Site, Planned Unit Development review
request to allow the construction of 60 single family residential homes on property
zoned Al (Agriculture), located between Miller Avenue and Mesa Road at Santa
Teresa Boulevard. Mesa Ridge Investors, applicant, A/S 03-36.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilmembers Pinheiro and Velasco voting no) to direct staff to
prepare a resolution approving A/S 03-36.
At 11: 12 p.m. the Mayor called a recess, after which he recalled the meeting to
order.
The following informational items were noted with no separate discussion on
same:
Legislation:
Letter to Assemblymember Cindy Montanez expressing the City of Gilroy's
support for AB 392.
Customer Service:
Email of thanks from Carmen Medrano to Frank Comin and his staff for
responding quickly to a request.
Informational items:
Letter from Thomas W. Fitzwater, VT A, regarding the Route 152
Improvements Project A Soundwall Survey.
The City Administrator requested the Councilmembers return their budget
priority list by Friday.
Councilman Dillon noted the Santa Clara County Library Measure B on the
ballot for March, noting that this Council passed a resolution in support earlier
tonight. He asked that Councilmembers and constituents talk to him if anyone
needs lawn signs.
Councilman Gartman asked to have a study session on the State budget issue
to see if we want to file a lawsuit against the State. It was decided to take a "wait
and see attitude" for a few weeks.
The City Attorney announced that the League of California Cities has added
the City of Gilroy to the list of interested cities if litigation starts. She explained
that she should have an update by the end of the week.
The Mayor noted a request for sister city association with Angra Do
Heroismo, Portugal.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to authorize staff to look into a sister city association with Angra Do
Heroismo, Portugal.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
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JANUARY 2004
20 Closed Session - 6:30 p.m., Gilroy City Council Chambers
20*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
26 Study Session - Master Plans/Nexus Study Review - 6:00 p.m., Gilroy City
Council Chambers
27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
27 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
28 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
FEBRUARY 2004
2 Tour of Museum - 6:00 p.m., 195 Fifth Street, Gilroy
2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
4 Quarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., Gilroy
Unified School District Administration Office Board Room, 7810 Arroyo
Circle, Gilroy
9 Workshop for Councilmembers/Boardmembers/Commission Members on the
Brown Act. Conflict ofInterest and Meeting Procedure - 6:30 p.m., Gilroy
Senior Center Main Hall
10 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
10 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior
Center
11 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 Joint City Council/Planning Commission Study Session - Cffi - 6:00 p.m.,
Gilroy City Council Chambers
24 SCRWAMeeting - 7:30 a.m., 1500 Southside Drive, Gilroy
24 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
25 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
MARCH 2004
1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 Joint City Council/Planning Commission Study Session - Hecker Pass Specific
Plan - 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
10 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 SCRWAMeeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
24 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center Main Hall
Adjournment At 11 :30 p.m. the Mayor adjourned the meeting to the meeting of February 2,
2004.
Respectfully submitted,
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/s!' RHONDA PELLIN, CMC
City Clerk