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Minutes 2004/03/15 8206 Regular Meeting March 15,2004 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Invocation Father Peter, St. Mary's Catholic Church, gave the Invocation. Posting The City Clerk noted that the agenda had been posted on March 10, 2004 at 3:45 p.m. Roll Call Present: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland Velasco, and Al Pinheiro - 6:00 p.m. Under Orders of the Day, the Mayor noted that Item VIII.E.2. had been pulled by the City Attorney and would be reagendized for April 5, 2004. He also noted that the hearing for Wal-Mart was closed at the last meeting. He stated that Connie Rogers had some new information regarding a petition, and that he would allow a few persons to speak on that, as long as the information was new. New Employees The following new employees were introduced: Steven Simms, Building Inspector I, Community Development Department and Don Dey, Senior Civil Engineer, Community Development Department. Proc.-Science Fair Week The Mayor noted a proclamation for Science Fair Week - March 14-20,2004 which was previously mailed to the recipient. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Bernadette Arellano noted two announcements from Congressman Mike Honda. She stated his new Gilroy office hours will be the 4th Monday of each month at the Gilroy Library from 5:30 to 7:30 p.m. She noted that he will hold a forum on March 22 in the Santa Clara City Council Chambers from 1 :00 to 2:30 p.m. on the Medicare bill recently passed by Congress. Felicia Rosas asked for a 30 mile an hour speed limit sign on southbound Alexander Street, near Old Gilroy Street. She also noted that people park their vehicles and trucks in that area for long periods of time and requested police patrols in the area. 8207 Consent Motion was made by Councilman Morales, seconded by Councilman Dillon Calendar 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 March 1,2004; Budget Budget Amendments/Transfers as recommended; Carnival Carnival by Butler Amusements, Inc. to be held April 22-25, 2004 in the parking lot at Discount Mart, 6900 Chestnut Street, Gilroy; Res. 2004-20 Resolution No. 2004-20 authorizing officers who may accept and consent to the acceptance of deeds or grants to the City of Gilroy and consent to the recordation thereof; RESOLUTION NO. 2004-20 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING OFFICERS WHO MAY ACCEPT AND CONSENT TO THE ACCEPTANCE OF DEEDS OR GRANTS TO THE CITY OF GILROY AND CONSENT TO THE RECORDATION THEREOF. PASSED AND ADOPTED this 15th day of March, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2004-21 Adopted Resolution No. 2004-21 requesting a grant in part from funds made available through the Title V Community Prevention Program; RESOLUTION NO. 2004-21 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REQUESTING A GRANT IN PART FROM FUNDS MADE AVAILABLE THROUGH THE TITLE V COMMUNITY PREVENTION PROGRAM. PASSED AND ADOPTED this 15th day of March, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE JP A with Updated Joint Powers Agreement (JP A) with Bay Area Employee Relations BAERS Service (BAERS); Res. 2004-22 Adopted Resolution No. 2004-22 approving a one-year extension for TM 02- 02, a Tentative Map to subdivide an approximately 35-acre site into 39 residential hillside lots located on Carriage Hills Drive between Wild Iris and Valley Oaks Drives, and extending ROO allocation approval, APN 783-52-007, Mantelli Trust, applicant. RESOLUTION NO. 2004-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A ONE-YEAR EXTENSION FOR TM 02-02, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 35-ACRE SITE INTO 39 RESIDENTIAL lllLLSIDE LOTS LOCATED ON CARRIAGE HILLS DRIVE BETWEEN WILD IRIS AND V ALLEY OAKS DRIVES, AND EXTENDING RDO ALLOCATION APPROVAL, APN 783-52-007, MANTELLI TRUST, APPLICANT. PASSED AND ADOPTED this 15th day of March, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO 8208 NOES: . COUNCILMEMBERS: NONE . ABSENT: COUNCILMEMBERS: NONE Res.2004-23 Adopted Resolution No. 2004-23 declaring certain weeds growing in the City of Gilroy to be a public nuisance, describing weeds which constitute such nuisance, setting a hearing for objections to the proposed destruction or removal of said weeds, and providing for giving notice of the adoption of the resolution by publication thereof Bid-Auditing Services Pub.Hearing GPA 03-02 Pub.Hearing Z 03-14 Pub. Hearing TM 03-04 RESOLUTION NO. 2004-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS GROWING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DESCRffiING WEEDS WHICH CONSTITUTE SUCH NUISANCE, SETTING A HEARING FOR OBJECTIONS TO THE PROPOSED DESTRUCTION OR REMOVAL OF SAID WEEDS, AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF. PASSED AND ADOPTED this 15th day of March, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Finance Director Murphy presented a recommendation to award Multi- Year Professional Auditing Services (04-RFQ-ASD-201) to Conrad & Associates. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to award Multi-Year Professional Auditing Services (04-RFQ-ASD- 201) to Conrad & Associates. The Mayor stated it was the time and place scheduled for a continued Public Hearing on a General Plan text amendment to Section 26, Noise. Specific changes to Figure 8-3, titled "Permissible maximum Outdoor and indoor Noise Levels" and Section 26.05, titled "Earth Berms." City of Gilroy, applicant, GPA 03-02. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to continue to the meeting of May 3,2004, due to continuance of the Agricultural Mitigation Policy. The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Zone Change request to rezone 14.5 acres from R2-RJ-C3 (Two Family Residential-Medium Density Residential-Shopping Center Commercial) to R2-R3-C3-PUD (Two Family Residential-Medium Density Residential-Shopping Center Commercial-Planned Unit Development), located between Cypress Court and First Street, Orchard Valley CommunitieslBenassi Oaks, applicant, Z 03-14. Motion was made by Councilman Valiquette, seconded by Councilman Dillon and carried to continue to the meeting of April 19, 2004, due to continuance by the Planning Commission. The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Tentative Map request to sub-divide 14.5 acres into 25 residential lots, and one commercial lot, on property zoned R2-RJ-C3 (Two Family Residential-Medium Density Residential-Shopping Center Commercial) located between Cypress Court and First Street. Orchard Valley CommunitieslBenassi Oaks, applicant, TM 03-04. Motion was made by Councilman Valiquette, seconded by Councilman Dillon and carried to continue to the meeting of April 19, 2004, due to continuance by the Planning Commission. Pub. Hearing Eminent Domain Pub. Hearing TM 03-07 Pub.Hearing Z 04-01 Pub.Hearing TM 04-01 A/S 04-01 8209 The Mayor stated it was the time and place scheduled for a continued Public Hearing for the purpose of adopting a Resolution of Necessity authorizing the City Attorney of the City of Gilroy to file eminent domain proceedings for the acquisition of a fee interest in the real property identified by APN 799-08-04], property located at 7347 Monterey Street between 6th and 7th Street owned by Gin Loy Dong and Leung Kam See Dong. Estelle Dong presented an appraisal of the property. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to continue to the meeting of June 21, 2004 pending review of thc~ Dong appraisal. The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to sub..divide 6::t acres into 48 residential lots and 1 common area lot, on property zoned RI-PUD (Single Family Residential-Phumed Unit Development) located at Carriage Drive and Acorn Way. Santa Clara County New Communities, c/o Kirk Benson, applicant, TM 03-07. Motion was made by Councilman Valiquette, seconded by Councilman Dillon and carried to continue to the meeting of April 19, 2004, due to continuance by the Planning Commission. The Mayor stated it was the time and place scheduled for a Public Hearing on a Zone Change request to re-zone 1 acre from RI (Single Family Residential) to R1-PUD (Single Family Residential-Planned Unit Development), located at 8810 Kern Avenue. Red Line Corporation, clo Neil Mussallem, applicant, Z 04-01. The staff report was noted and further explained by Planner II Polubinsky for applications Z 04-01, TM 04-01 and A/S 04-01. The Mayor opened the Public Hearing for Z 04-01 and TM 04-0 I. There: being no comment, the Mayor closed the Public Hearing. Neil Mussallem answered questions posed by Councilman Gartman regarding the size of the houses and lots. Motion was made by Councilman Morales, seconded by Councilman Conrea and carried (Councilmembers Gartman and Velasco voting no) to direct staff to prepare an ordinance approving Z 04-01. The Mayor stated it was the time and place scheduled for a Public Hearing on , a Tentative Map request to sub-divide 1 acre into 6 residential lots, on propel1y zoned RI (Single Family Residential) located at 8810 Kern Avenue. Red Line Corporation, c/o Neil Mussallem. applicant, TM 04-01. Motion was made by Councilman Morales, seconded by Councilman Correa and carried (Councilmembers Gartman and Velasco voting no) to direct staff to prepare a resolution approving TM 04-01. The Mayor deviated from the regular agenda to accommodate interested persons in the audience. The Mayor noted an Architecture & Site-Planned Unit Development request to allow the construction of 6 single family residential homes on property zoned R 1 (Single Family Residential) located at 8810 Kern Avenue. Red Line Corporation, c/o Neil Mussallem, applicant, A/S 04-01. ,Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilmembers Gartman and Velasco voting no) to direct staff to prepare a resolution approving A/S 04-01. The Mayor returned to the regular order of the agenda. 8210 M 02-12 M 02-08 A/S 02-36 The Mayor noted the Conservation and Open Space Easement Program: Agricultural Mitigation Policy as recommended by the Agricultural Task Force and as outlined in the General Plan Environmental Impact review, establishing the criteria for mitigation of agricultural lands converted to urban uses. City of Gilroy, applicant, M 02-12. Motion was made by Councilman Dillon, seconded by Councilman Correa and carried to continue to the meeting of May 3,2004 - study session scheduled for April 12, 2004. The Mayor noted the 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 Valiquette, seconded by Councilman Morales and carried to continue to the meeting of May 3,2004, due to continuance of the Agricultural Mitigation Policy. The Mayor noted an Architectural & Site review request to allow the construction ofa 219,622 square foot retail building on 19.73 acres, zoned C3- M2-PUD (Shopping Center Commercial-General Industrial-Planned Unit Development), located on the northeast comer ofRenz Lane and Camino Arroyo, Newman Development Group (Wal-Mart), c/o George Akel, A/S 02-36. The staff report was noted and further explained by Planner II Durkin. Connie Rogers presented a petition with 1184 signatures of residents of Gilroy who are concerned about the Wal-Mart SuperCenter proposed for Gilroy. She stated that the Council does not have enough information to make a decision at this meeting. Toni Filice, on behalf of the Filice members of the business community, noted a letter signed by Filice family business owners and other business owners in Gilroy, supporting a new economic study. Robert Shiraki noted a study done that states that grocery stores close in cities where Super Wal-Marts open. David Rosas stated that he is employed at PW Market and is concerned about the blight from businesses that have gone out of business due to Wal-Mart businesses opening. He questioned the Hudson Company and the leasing proposed for the old Wal-Mart building. Rebecca Armendariz noted the effects on the community on the traffic to be generated by the WaI-Mart SuperCenter. She stated that the streets are currently deteriorating and they will only get worse. She asked the Council to look at alternatives. Art Barron noted that the Dispatch took a poll and 54% were against the new Wal-Mart SuperCenter Cynthia Walker noted that there were no concerns with traffic, environmental, or economic issues when Costco or Lowe's came to town. She asked for support I for the Wal-Mart SuperCenter. Judy Davidoff, representing Wal-Mart, noted that the issues have been fully addressed. She noted that over a decade ago, the decision was made that a business such as this would be appropriate at this location. She stated that there are new net revenues rather than blight associated with this business, and no subsidies are being asked for. She stated that there has been multiple opportunities for the public to have input on this project. 8211 Eric Strauss, Wal-Mart employee, noted that a company is under contract to purchase the current Wal-Mart building, and that company has put down a large sum of money, which will be lost if the purchaser does not complete the purchase. At 7:49 p.m. the Mayor called for a recess, after which he recalled the meeting to order. In answer to a question, Amy Herman, Sedway Group, stated that Gilroy is already a regional draw for groceries. Motion was made by Councilman Gartman, seconded by Councilman Dillon and carried (Councilmembers Correa and Morales voting no) 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 Gartman, seconded by Councilman Dillon and carried (Councilmembers Correa and Morales voting no) to direct staff to prepare a resolution approving A/S 02-36, subject to an additional three conditions to include a proposed pilot program for a Community Advisory Board to provide a $10,000 yearly grant in addition to the approximately $50,000 in yearly charitable contributions, provide an "eco room" rather than an arcade room, and that the current Wal-Mart building at 7900 Arroyo Circle shall be demolished if a tenant has not re-occupied the building within 12 months of the opening of the new SuperCenter, with a possible extension by the City Council of an additional 12 months if documentation is provided that indicates that Wal-Mart is in good faith negotiations with a prospective tenant. At 9:30 p.m. the Mayor called for a recess, after which he recalled the meeting to order. SPE 04-02 The Mayor noted a Small Project Exemption request to allocate 12 reside:ntial units on the second and third floors of a new commercial building on .24 acre:s zoned C2 (Central District Commercial) located at 7589 Monterey Street. Lc~wis Street Partners, c/o Mark Hewell, applicant, SPE 04-02. The staff report was noted and further explained by Planner II Polubinsky. Dave Sheedy stated that he hoped to improve the downtown with this project. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving SPE 04-02. SPE 03-02 The Mayor noted a Small Project Exemption request to allocate 12 single: family residential lots on 1.70 acres zoned R1 (Single Family Residential) located at 8895 Kern Avenue. Del Curto Brothers, applicant, SPE 03-02. The staff report was noted and further explained by Planner II Polubinsky. Darin Del Curto stated that this project is a good finish to Kern Avenue and asked for approval of the project. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried to direct staff to prepare a resolution approving SPE 03-02. SPE 04-01 The Mayor noted a Small Project Exemption request to allocate 14 single family lots on 2.8 acres zoned Al (Agriculture) located at the northwest corner of Miller Avenue and Thomas Road. The James Group, c/o James Suner, applicant, SPE 04-01. The staff report was noted and further explained by Planner II Durkin. 8212 Fireworks Mitigation Strategy Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried to direct staff to prepare a resolution approving SPE 04-0 I. The Mayor noted a request for a Fireworks Mitigation Strategy and establishment of a Fireworks Service Fee related to the sale and use of safe and sane fireworks. The Mayor noted that the resolution would be reagendized for adoption at the April 5, 2004 meeting. The staff report was noted and further explained by the City Administrator. Cynthia Walker stated that this fireworks mitigation strategy looks good. Motion was made by Councilman Dillon, seconded by Councilman Morales 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 Gartman, seconded by Councilman Valiquette and carried to introduce an Ordinance of the City Council of the City of Gilroy amending Section lOA8 of Chapter 10A of the Gilroy City Code concerning the permit fees for the sale, use and storage of safe and sane fireworks pursuant to City Code Chapter lOA The following informational items were noted with no separate discussion on same: Customer Service: Email of appreciation from Wendie Rooney regarding exceptional customer service by John Greenhut and Kristi Abrams; Email of thanks from Stacie Moreno to Jay Baksa for the insight provided at a Meeting; Letter of commendation from the Parks and Recreation Commission to the Recreation Staff for the successful program at the Ochoa Winter Center for the Homeless; and Email of thanks from Cheryl Bolin to Bill Headley for facilitating the Cultural Task Force elevations meeting. Ag.Task Force The report of the Agricultural Mitigation Policy Task Force meeting of 02-11-04 February 11, 2004 was noted. A&CCom. 03-09-04 The report of the Arts & Culture Commission meeting of March 9, 2004 was noted. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to appoint Bruce Morasca to the Public Art Committee. The City Administrator noted that the Gilroy Unified School District is updating their Strategic Plan, and has asked that a Councilmember join them. He stated that a slurry seal on the balance of Monterey Street and striping the parking stalls would cost $20,500 to complete. Council agreed that the slurry seal and striping should be done. The City Attorney distributed a memo on the requested research regarding the authority of the state and counties as sole collector of property and sales tax. She announced that no case law was found. She noted that the City of Cerritos and approximately 40 other cities have filed a petition against the triple flip tax takeover, and distributed a copy of the petition and staff report. She stated that the City of Gilroy has an opportunity to join the suit, and that a closed session could be set to discuss this. Council agreed to have a closed session on this petition. r~ 8213 Cities Assn. The Mayor noted a letter from Gillian Moran, Santa.Clara,County Cities Association, regarding City Selection Committee appointments. He stated that Councilman Velasco has expressed interest in the LAFCO position. Councilman Velasco requested a letter of support from the Mayor and Council for this position. The Mayor stated that he had received a resolution from Angra Do Heroismo, Portugal, unanimously accepting the request for sister city affiliation with his hometown. Councilman Velasco noted another request from Felicia Rosas of steel pipes in the alleyway behind the Portuguese Hall. He stated concerns that the City is going to run out of SPE units shortly. Council agreed to place this on the next retreat agenda. He also noted that we should agendize discussion of monster homes on small lots for the next retreat. Councilman Gartman stated that Memorial Day activities are coming up. He requested that if someone submitted a parade application, that they contact him or resubmit their application, due to possible problems with the application process on the internet. Councilman Morales stated that he visited the CalStar site and asked for a proclamation in support of their services. Councilman Valiquette recused himself from discussion, stepped down from the dais, and left the room for the next item, due to his employment by Bonfante Gardens. . Councilman Dillon discussed the issue ofBonfante Gardens and the concern with the possible failure of the park. Council agreed to discuss the development agreement at a study session on Monday night, following the discussion on the Comprehensive Fee Schedule. The Mayor noted the following meetings/events: * Meeting will be televised on Channel 17 MARCH 2004 15*Regular City Council Meeting - 6:00 p.m., Gilroy City Council Chambers (NOTE TIME ~HANGE) 16 Neighborhood District Task Force -7:00 p.m., Gilroy Senior Center 22 Study Session - Review of the Comprehensive Fee Schedule - 6:00 p.m., Gilroy City Council Chambers 23 SCRWA Meeting and Retreat - 7:30 a.m.-Noon, 1500 Southside Drive, Gilroy 24 Ag Mitigation Task Force~ 7:00 p.m., Gilroy Senior Center Main Hall 29 Joint Study Session - City Council and Parks and Recreation Commission - , Review of Elevations for the Cultural Center - 6:00 p.m., Gilroy Senior Center Main Hall APRIL 2004 5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 12 Study Session - AS Mitigation - 6:00 p.m., Gilroy City Council Chambers 13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 13 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 14 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 20 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 26 Hecker Pass Specific Plan Workshop - 6:00 p.m., Gilroy City Council Chambers 27 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy 28 AS Mitigation Task Force -7:00 p.m., Gilroy City Council Chambers 8214 MAY 2004 3*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 11 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 12 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 18 Neighborhood District Task Force -7:00 p.m., Gilroy Senior Center 24 Ouarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., Gilroy City Council Chambers 25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 26 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center Main Hall Adjournment At 10:32 p.m. the Mayor adjourned the meeting to the meeting of April 5, 2004. Respectfully submitted, )'-. .) ~.iJN_d~'-_ 1&( (Il- /s/ RHONDA PELLIN, CMC