Minutes 2004/12/20
l
8333
Recommendation to approve an additional 16,980 square feet of retail space in the
Gilroy Crossing shopping center.
Minutes of the Regular Council Meeting of December 6,2004.
Consent Calendar
Motion was made by Councilman Correa, seconded by Councilman Morales and
carried to approve the Consent Calendar.
Presentations by members of the public for items not on the agenda, but within the subject matter
jurisdiction of the City Council.
There were no presentations made by the public.
Presentations & Proclamations
The Mayor presented the Employee Award for the Month of December, 2004 to
Susan Voss, Office Assistant L Community Services Department.
Orders of the Day
The Mayor announced that the South Valley Suzuki Music Foundation youth violin
group would be presenting Christmas selections for the Council. Councilman Velasco
requested the appointments to the boards and commissions be moved up in the agenda,
after the Consent Calendar.
Present: Paul Correa~ Robert T. Dillon~ Craig Gartman~ Charles S. Morales;
Russ Valiquette~ Roland Velasco~ AI Pinheiro.
Roll Call
The City Clerk noted that the agenda had been posted on December 15, 2004 at
11 :20 a.m.
No invocation was provided.
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
December 20, 2004
Gilroy, California
8334
An Ordinance of the City Council of the City of Gilroy approving an application for a
change in zoning designation from R1 (Single Family Residential) to RI-PUD (Single
Family Residential- Planned Unit Development) on an approximately 0.61 acre parcel
located at 8531 and 8541 Wayland Lane, APNs 790-26-002, 003, Z 04-11, Chris Cote,
applicant. (Hearing held on December 6,2004, affirmative vote of 7..0 to introduce an
ordinance approving Z 04-11).
ORDINANCE NO. 2004-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION
FROM Rl (SINGLE FAMILY RESIDENTIAL) TO R1-PUD (SINGLE FAMILY
RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON AN APPROXIMATELY
0.61 ACRE PARCEL LOCATED AT 8531 AND 8541 WAYLAND LANE, APNS 790-
26-002,003, Z 04-11, CHRIS COTE, APPLICANT.
PASSED AND ADOPTED this 20th day of December, 2004, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A Resolution of the City Council of the City of Gilroy approving TM 04-12, a
Tentative Map to subdivide an approximately 0.61 acre parcel into 4 residential lots, a
private street, and a parking area located at 8531 and 8541 Wayland Lane (the terminus
of Wayland Lane), APNs 790-26-002,003, Chris Cote, applicant. (Public Hearing held
on November 15, 2004, affirmative vote of 7-0 to prepare a resolution approving TM 04-
12).
RESOLUTION NO. 2004-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 04-12, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 0.61 ACRE PARCEL INTO 4 RESIDENTIAL LOTS, A
PRIVATE STREET, AND A PARKING AREA LOCATED AT 8531 AND 8541
WAYLAND LANE (THE TERMINUS OF WAYLAND LANE), APNS 790-26-002,
003, CHRIS COTE, APPLICANT.
PASSED AND ADOPTED this 20th day of December, 2004, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A Resolution of the City Council of the City of Gilroy approving NS 04-42, an
application for Architectural and Site approval of a Planned Unit Development (PUD) for
a 4-lot single-family subdivision on approximately 0.61 acres located at 8531 and 8541
Wayland Lane (terminus of Wayland Lane), APNs 790-26-002, 003, Chris Cote,
applicant. (Hearing held on November 15, 2004, affirmative vote of 7-0 to prepare a
resolution approving AlS 04-42).
RESOLUTION NO. 2004-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AlS 04-42, AN APPLICATION FOR ARCHITECTURAL AND SITE
APPROV AL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A 4-LOT
SINGLE-FAMILY SUBDIVISION ON APPROXIMATELY 0.61 ACRES LOCATED
AT 8531 AND 8541 WAYLAND LANE (TERMINUS OF WAYLAND LANE), APNS
790-26-002,003, CHRIS COTE, APPLICANT.
PASSED AND ADOPTED this 20th day of December, 2004, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
8335
A Resolution of the City Council of the City of Gilroy reaffirming the Numerical
Limit for maximum total number of residential dwelling units to be built during the years
2004 through 2013, creating and assigning 100 units for exempt projects within the
downtown commercial area as defined in the General Plan, and determining not to
conduct a 2004 RDO competition, M 04-08, City of Gilroy. (Public Hearing held on
December 6,2004, affirmative vote of 7-0 to prepare a resolution approving M 04-08).
RESOLUTION NO. 2004-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
REAFFIRMING THE NUMERICAL LIMIT FOR MAXIMUM TOTAL NUMBER OF ,
RESIDENTIAL DWELLING UNITS TO BE BUILT DURING THE YEARS 2004
THROUGH 2013, CREATING AND ASSIGNING 100 UNITS FOR EXEMPT
PROJECTS WITHIN THE DOWNTOWN COMMERCIAL AREA AS DEFINED IN
THE GENERAL PLAN, AND DETERMINING NOT TO CONDUCT A 2004 ROO
COMPETITION, M 04-08, CITY OF GILROY.
PASSED AND ADOPTED this 20th day of December, 2004, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
An Ordinance of the City Council of the City of Gilroy amending Gilroy Zoning
Ordinance Section 50.62 to add a subsection to exempt projects in the General Plan
downtown commercial area from the provisions of the Residential Development
Ordinance, Z 04-13, City of Gilroy, applicant. (Hearing held on December 6,2004,
affirmative vote of 7-0 to introduce an ordinance approving Z 04-13.)
ORDINANCE NO. 2004-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING GILROY ZONING ORDINANCE SECTION 50.62 TO ADD A
SUBSECTION TO EXEMPT PROJECTS IN THE GENERAL PLAN DOWNTOWN
COMMERCIAL AREA FROM THE PROVISIONS OF THE RESIDENTIAL
DEVELOPMENT ORDINANCE, Z 04-13, CITY OF GILROY, APPLICANT.
PASSED AND ADOPTED this 20th day of December, 2004, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Request for Acceptance ofImprovements, Tract No. 9211, A.P.N. 841-07-057,
Hidalgo, Inc., a California Corporation.
Request for termination of agreement for use of the Gavilan Sports Park at Gavilan
College.
Approval of agreement for the purchase of property from the Salvation Army for the
Cultural Arts Center.
A Resolution of the City Council of the City of Gilroy authorizing the submittal of an
application to the Bay Area Air Quality Management District for funds to reduce
emissions from solid waste collection vehicles and authorizing the implementation of
same, if the application is approved by the Bay Area Air Quality Management District.
RESOLUTION NO. 2004-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE BAY AREA
AIR QUALITY MANAGEMENT DISTRICT FOR FUNDS TO REDUCE EMISSIONS
FROM SOLID WASTE COLLECTION VEillCLES AND AUTHORIZING THE IMPLEMENTATION OF SAME, IF THE APPLICATION IS APPROVED BY THE
BAY AREA AIR QUALITY MANAGEMENT DISTRICT.
PASSED AND ADOPTED this 20th day of December, 2004, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
8336
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Property Improvement Agreement No. 2004-24, Lewis Street and Monterey Street,
Lewis Street Partners, LLC, APN: 841-05-065.
Recommendation to Approve Budget Amendments/Transfers.
The Mayor deviated from the regular order of the agenda to accommodate interested
persons in the audience.
Appointment of Board Members and Commissioners for terms expiring December
31, 2004 and Unexpired Vacancies.
Councilman Dillon recused himself from discussion regarding the Library
Commission appointment, due to a personal association with one of the applicants.
Motion was made by Councilman Valiquette, seconded by Councilman Correa and
carried to appoint the following board members and commissioners: Arts & Culture
Commission - Carol Peters and Shirley E. Willard~ Library Commission - Phyllis
Armenta and Cecilia Del Buono Weymouth~ Parks & Recreation - Barbara DeLorenzo,
Curt Goris, and Joan Spencer~ Personnel Commission - Shairon Williams; Planning
Commission - Ermelindo Puente~ Building Board of Appeals - Robert H. Emberley, Jr.,
Jim Gailey, and James Suner~ Physically Challenged Board of Appeals - Don Kludt~
BicycleIPedestrian Advisory Board - Allen D. Beale~ Historic Heritage Committee-
Roberta H. Hughan~ Public Art Committee - Joan Buchanan, Trudie Conrotto, and Arline
Silva; Street Naming Committee - Connie Rogers.
The Mayor returned to the regular order of the agenda.
Zoning Ordinance
A continued Public Hearing on Zone Change text amendments and other
modifications of the Zoning Ordinance for consistency with the General Plan, Z 04-06,
City of Gilroy, applicant. (Continued from the meeting of November 15, 2004.)
Motion was made by Councilman Valiquette, seconded by Councilman Gartman and
carried to continue Z 04-06 to January 18, 2005, due to continuance by the Planning
Commission.
Neil Mussallem
A continued Public Hearing on a Zone Change request to re-zone (2) two single
family residential lots from R1 (Single Family Residential) to RI-PUD (Single Family
Residential-Planned Unit Development) on property located at 7861 & 7891 Miller
Avenue, Z 03-08, Neil Mussallem, applicant. (Continued from the meeting of November
15,2004.)
The staff report was noted and further explained by Planner II Polubinsky and the
City Attorney forZ 03-08 and SPE 03-09.
The Mayor opened the Public Hearing.
Barton Hechtman, for the applicant, reviewed the project and site, noting that staff
has recommended approval of the project.
Naomi Steinmetz stated that she is two lots down from this project and stated that this
project is not good for the area. She stated that the traffic is already heavy at this location.
Robb Alonzo stated that this project does not fit this area. He asked that the Council
preserve this area.
Albert Gagliardi stated that he has lived in the area for quite awhile. He stated that he
bought there because it was zoned Rl, for single family homes. He stated that he is
against what the applicant is doing.
The Mayor closed the Public Hearing.
8337
Motion was made by Councilman Dillon, seconded by Councilman Valiquette to
deny Z 03-08 without prejudice, and the motion was withdrawn.
Motion was made by Councilman Morales, seconded by Councilman Velasco and
carried (Councilman Valiquette voting no) to continue Z 03-08 to February 22,2005 or
longer.
Mr. Hechtman stated that they would like the opportunity to work with staff
The Mayor deviated from the regular agenda to accommodate interested persons in
the audience for SPE 03-09.
Neil Mussallem
Small Project Exemption to allot 8 units on property zoned Rl (Single Family
Residential), located at 7861 & 7891 Miller Avenue, SPE 03-09, Neil Mussallem,
applicant. (Continued from the meeting of November 15, 2004.)
Motion was made by Councilman Morales, seconded by Councilman Velasco and
carried (Councilman Valiquette voting no) to continue SPE 03-09 to February 22,2004
or longer.
The Mayor returned to the regular order of the agenda.
At 8:19 p.m. the Mayor called for a recess, after which he recalled the meeting to
order at 8:27 p.m.
Hecker Pass Specific Plan
A continued Public Hearing on General Plan text amendments and adoption of the
Hecker Pass Specific Plan, located on Hecker Pass Highway, west of Santa Teresa
Boulevard. Hecker Pass property owners (c/o Jim Hoey), applicant, GP A 02-01.
(Continued from the meetings of September 20, October 18, November 8, and December
6,2004.)
The staff report was noted and further explained by the City Administrator, Planner II
Durkin, and the City Attorney for GPA 02-01 and Z 04-04.
Rob Oneto, RJA, discussed the configuration, variety, and housing types proposed for
the different clusters.
Arminta Jensen, RJ A, questioned the Council's decision to review the variety oflots
in the north cluster.
The Mayor opened the Public Hearing for GPA 02-01 and Z 04-04. There being no
comments, the Mayor closed the Public Hearing.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried to certify the final Environmental Impact Report (EIR) finding that (a) it is
completed in compliance with CEQA~ (b) that the final EIR was presented to the City
Council and that the City Council has reviewed and considered the information contained
in the final EIR prior to approving the project~ and (c) the final EIR reflects the
independent judgment and analysis of the City.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried to direct staff to prepare a resolution preparing Specific Findings with respect to
each significant effect identified within the Em, and to include a statement of overriding
considerations for those significant effects that are unavoidable.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried to direct staff to prepare a resolution approving GP A 02-0 I, Hecker Pass Specific
Plan. less the charts related to distribution of lot types, to be discussed on January 18,
2005.
Hecker Pass Specific Plan
A continued Public Hearing on a Zoning Ordinance text amendment to codify
, provisions of the Hecker Pass Special Use District into the Zoning Ordinance~ and
Zoning Map amendment on property located on Hecker Pass Highway, west of Santa
8338
Teresa Boulevard, from RH, AI, HC to Hecker Pass Special Use District-PUD. Hecker
Pass property owners, applicant, Z 04-04. (Continued from the meetings of September
20, October 18, November 8, and December 6,2004.)
Motion was made by Councilman Velasco, seconded by Councilman Morales and
carried to direct staff to prepare an ordinance approving Z 04-04.
"
City of Gilroy City Code
Public Hearing to consider amending Chapter 15 of the City Code by adding a new
Section 15.8 Prohibiting the Human Habitation of Motor Vehicles, to prevent motor
vehicles being utilized as housing except in lawfully established trailer or recreational
vehicle parks.
The staff report was noted and further explained by Captain Moore.
The Mayor opened the Public Hearing.
Carl Brennan stated he has the right to do what he wants to do as along as he does not
injure anyone else. He stated that this is a regulatory taking. He states that he lives in an
older motor home on the City of Gilroy streets.
The Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette 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 Velasco, seconded by Councilman Valiquette and
carried to introduce an Ordinance of the City Council of the City of Gilroy amending
Chapter 15 of the City Code.
Arcadia Homes
Architectural & Site-Planned Unit Development review to allow the construction of
137 single family homes on 76+ acres, in the Ranch Hills subdivision on property zoned
RI-PUD (Single Family Residential-Planned Unit Development), located on the north
side of Sunrise Drive, east of Rancho Hills Drive. Arcadia Homes, (c/o Michael
Fletcher), applicant, NS 04-61.
The staff report was noted and further explained by Planner II Durkin.
John Donahoe, RJA, stated that this is part of a final map, and the findings have
already been made regarding consistency with the General Plan He noted that this project
has a variety of architectural features.
Jo Williams, architect, displayed a rendering of this project, as to how it will look.
She stated that she was available to answer any questions, and asked for approval of this
project.
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried (Councilman Dillon absent) to direct staff to prepare a resolution approving NS
04-61.
Standard Details and Specifications
Approval of the City of Gilroy Standard Details and Specifications.
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried to approve the City of Gilroy Standard Details and Specifications.
Customer Service
Letter of appreciation from Commander Mark Colla, UNET, to Officer Jason Hogue
and Officer Brandon Richards for their assistance with an investigation.
Gilroy Economic Development Corporation minutes of November 12, 2004.
The Mayor noted that Bill Lindsteadt is in the hospital and asked that everyone keep
him in their prayers.
8339
City Administrator Report
Possible cancellation of January 3, 2005 City Council meeting.
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried to cancel the January 3,2005 City Council meeting.
Council Members Report
Councilman Dillon wished everyone a Merry Christmas, Avoid the 13, and Happy
Holidays.
Councilman Morales wished a Merry Christmas to all.
Councilman Correa wished Happy Holidays to all.
Councilman Velasco requested to add discussion of Megan's Law to the Council
retreat agenda, to talk about how a person is placed in a specific city/location. He wished
everyone a Merry Christmas.
Councilman Gartman wished Happy Holidays to all.
Councilman Valiquette wished everyone a Merry Christmas.
Mayor's Report
The Mayor wished Merry Christmas to aU and happy holidays and Avoid the 13.
*Meeting will be televised on Channel 17
DECEMBER 2004
20 Closed Session - Conference with Labor Negotiator - 6:00 p.m., Gilroy City Council
Chambers
20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy - (CANCELLED)
JANUARY 2005
3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 Study Session - Capital Projects Update and briefing on the Water District
Collaborative Process - 6:00 p.m., Gilroy City Council Chambers
11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
12 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center
14 Annual Retreat - 8:00 a.m. to 5:00 p.m., Senior Center Meeting Room, 7371 Hanna
Street, Gilroy (dinner at 6:00 p.m. -location to be determined)
15 Annual Retreat - 8:00 a.m. to 2:00 p.m., Senior Center Meeting Room, 7371 Hanna
Street, Gilroy
18 Study Session - First Street "No Parking" Issue - 6:00 p.m., City Council Chambers
18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
24 Study Session - Joint City Council/Planning Commission on the Neighborhood
District Policy - 6:00 p.m., Gilroy City Council Chambers
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
FEBRUARY 2005
7 Study Session - HCD Consolidated Plan - 6:30 p.m., Gilroy City Council Chambers
7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
9 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center
22*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
28*Joint Council/Planning Commission Study Session - Review of the 2005 cm - 6:00
p.m., Gilroy City Council Chambers
Adjournment
The Mayor adjourned the meeting, to the meeting of January 18, 2005
); ........"..
"
, I
~:;~_-,. i) (~/ei -, {~A: -". '
_.1~:L____c.t1__"1.-.fJ..________
/s/ RHONDA PELLIN, CMC
City Clerk