Minutes 2005/02/22
Melinda Cervantes reviewed Measures A & B on the May, 2005 election, which is a
mailed ballot for County library funds.
The Mayor presented a proclamation for Silicon Valley Reads Month - February,
2005 to Melinda Cervantes and Lani Yoshimura.
The Mayor noted a certificate for retired Boardmember Barbara Cabello-Khan,
Physically Challenged Board of Appeals, who was not present to accept the certificate.
Presentations & Proclamations
The Mayor presented the Employee Award for the Month of February, 2005 to
Jennifer Silveira, Office Assistant I, Police Department.
Introduction of new employee
The following new employee was introduced: Gerald Bumanglag, Maintenance
Worker Assistant, Community Services Department.
Orders of the Day
The Mayor announced that the Council had adjourned from a Closed Session
regarding Conference with Labor Negotiator, pursuant to Government Code Section
54956.9(b) and that no action had been taken. The Mayor stated that Agenda Items V.D.
and VI.B. would be continued to March 21,2005.
Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales; Russ
Valiquette; Roland Velasco; AI Pinheiro.
The City Clerk noted that the agenda had been posted on February 16,2005 at 2:30
p.m. and the addendum posted on February 17, 2005 at 4:03 p.m.
There was no invocation given.
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
February 22,2005
Gilroy, California
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Donna Pray, Gilroy Center for the Arts Endowment Committee, announced additional
donations to the Gilroy Center for the Arts.
Presentations by members of the public for items not on the agenda, but within the subject matter
jurisdiction of the City Council.
Joan Spencer gave a short presentation on the American Cancer Society for Relay for
Life on June 18 and 19,2005 at Christmas Hill Park.
Consent Calendar
Motion was made by Councilman Valiquette, seconded by Councilman Correa and
carried to approve the Consent Calendar, pulling Item III. C. from the approval.
Minutes of the Regular Council Meeting of February 7; 2005.
Property Improvement Agreement l"lo. 2004-17, 7995 Princevalle Street, Princevalle
Plaza, Water Main Installation, GF Construction.
(Item Pulled -listed twice - action to be under Agenda Item VII.D.).
Property Improvement Agreement No. 2005-03, Tract 9651, Walton Heath
Court/Portrush Lane at Eagle Ridge, Eagle Ridge Development Company L.L.C., Shapell
Industries, Inc.
Resolution of the City Council of the City of Gilroy in support of local libraries.
RESOLUTION NO. 2005-11
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY IN
SUPPORT OF LOCAL LIBRARIES.
PASSED AND ADOPTED this 22nd day of February, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Request for naming of building elements for the Gilroy Center for the Arts to include:
Box Office to be named in honor of Bill Lindsteadt, Gift Shop to be named in honor of
Karen Christopher, House Manager's Office to be named in honor of Margaret K.
Barham, Men's Dressing Room to be named in honor of Gilroy Hispanic Chamber of
Commerce, Instrument Storage Room to be named in honor of Mary and Pete Rizzi &
Maggie and Pete Tognetti, Tech Office to be named in honor of Michael and Dia Hoshida
Family, and Sound and Light Control Room to be named in honor of Joe and Patty
Giacalone Family.
A Resolution of the City Council of the City of Gilroy ordering the vacation of a
certain area of land designated as a Public Service Easement on a portion of Lot 8 shown
on that certain Tract Map 9546, "Lands of Hewell," filed for record on July 1,2004, in
Book 772 of Maps, at pages 10 and 11, records of Santa Clara County.
RESOLUTION NO. 2005-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ORDERING THE VACATION OF A CERTAIN AREA OF LAND DESIGNATED AS
A PUBLIC SERVICE EASEMENT ON A PORTION OF LOT 8 SHOWN ON THAT
CERT AIN TRACT MAP 9546, "LANDS OF HEWELL," FILED FOR RECORD ON
JULY 1, 2004, IN BOOK 772 OF MAPS, AT PAGES 10 AND 11, RECORDS OF
SANr A CLARA COUNTY.
PASSED AND ADOPTED this 22nd day of February, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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A Resolution of the City Council of the City of Gilroy ordering the vacation of a
Public Service Easement designated as a perpetual right to empty waste water on
approximately 32.7 acres granted in a deed from John F. and Celia E. Unglish to the City
of Gilroy dated March 12, 1896, and recorded May 26, 1896 in Book 190 of Deeds, at
page 147.
RESOLUTION NO. 2005-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ORDERING THE VACATION OF A PUBLIC SERVICE EASEMENT DESIGNATED
AS A PERPETUAL RIGHT TO EMPTY WASTE WATER ON APPROXIMATELY
32.7 ACRES GRANTED IN A DEED FROM JOHN F. AND CELIA E. UNGLISH TO
THE CITY OF GILROY DATED MARCH 12, 1896, AND RECORDED MAY 26,
1896 IN BOOK 190 OF DEEDS, AT PAGE 147.
PASSED AND ADOPTED this 22nd day of February, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS:NONE
Bids and Proposals _
Recommendation to award bid for three (3) Chevrolet Tahoe 2WD Police Vehicles,
05-ASD-I1O, to Gilroy Chevrolet in the amount of $86,988.63.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried to award the bid for three (3) Chevrolet Tahoe 2WD Police Vehicles, 05-ASD-
110, to Gilroy Chevrolet in the amount of$86,988.63.
Recommendation to award bid for two (2) Police Interceptor Vehicles, 05-ASD-lll,
to Bob Lynch Ford, Inc. in the amount of $49,202.62.
Motion was made by Councilman Morales, seconded by Councilman Valiquette and
carried to award the bid for two (2) Police Interceptor Vehicles, 05-ASD-ll1, to Bob
Lynch Ford, Inc. in the amount of$49,202.62.
Recommendation to award bid for one (1) 2005 Model Year Vactor Sewer/Jet Radder
Truck, to Ricker Machinery Company in the amount of$181,740.90.
Motion was made by Councilman Morales, seconded by Councilman Valiquette and
carried to award the bid for one (1) 2005 Model Year Vactor Sewer/Jet Rodder Truck, to
Ricker Machinery Company in the amount of$181,740.90.
Recommendation to award consulting contract for replacement of the current
telephone system to Pacific Design Engineering in the estimated amount of$50,000.-D0.
Motion was made by Councilman Correa, seconded by Councilman Morales and
carried to award the consulting contract for replacement of the current telephone system
to Pacific Design Engineering in the estimated amount of $50,000.00.
Recommendation to award bid for Professional Services to Update the City's Aerial
Imagery, 05-RFP-CDD-313, to 3DI West in the amount of$35,570.00.
Motion was made by Councilman Morales, seconded by Councilman Gartman and
carried to award the bid for Professional Services to Update the City's Aerial Imagery,
05-RFP-CDD-313, to 3DI West in the amount of$35,570.00.
Mike Conrotto
A Public Hearing on a Zone Change request to change the zoning of 6+ acres from
M2 (General Industrial) to CM (Commercial Industrial) on property located at 6460-6490
Chestnut Street, Z 03-10, Emsee Transportation Company (c/o Mike Conrotto), applicant.
The staff report was noted and further explained by Planner II Durkin.
The Mayor opened the Public Hearing.
Mike Conrotto stated that he was present to answer any questions.
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Chris Mann, Granite Rock, read a comment letter into the record expressing concerns
with this request.
The Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried (Councilman Gartman voting no) to approve the Mitigated Negative Declaration,
finding that (a) it is completed in compliance with CEQA; (b) it reflects the independent
judgment of the City, and (c) there is no substantial evidence that the project will have a
significant effect on the environment.
Motion was made by Councilman Velasco, seconded by Councilman Morales and
carried (Councilman Gartman voting no) to direct staff to prepare an ordinance approving
Z 03-10.
Shirley Lulevitt
A Public Hearing on a Zone Change request to change the zoning from C2 (Central
District Commercial) to C2-PUD (Central District Commercial-Planned Unit
Development), located at 7031 Monterey Street, west side of Monterey Street, between
Ninth and Tenth Streets, Shirley Lulevitt, applicant, Z 04-12.
The staff report was noted and further explained by Planner II Polubinsky for Z 04-
12, TM 04-14, and for A/S 04-31.
The Mayor opened the Public Hearing for Z 04-12 and TM 04-14.
Edwardo Martinez, architect, noted that this project has brought forth interesting
comments from the neighbors. He stated that he thinks that there will be more of this
type of development in Gilroy.
The Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Morales and
carried to direct staff to prepare an ordinance approving Z 04-12.
Shirley Lulevitt
A Public Hearing on a Tentative Map request to create 8 lots on property zoned C2-
PUD (Central District Commercial), located at 7031 Monterey Street, on the west side of
Monterey Street, between Ninth and Tenth Streets, Shirley Lulevitt, applicant, TM 04-14.
Motion was made by Councilman Velasco, seconded by Councilman Morales and
carried to direct staff to prepare a resolution approving TM 04-14.
The Mayor deviated from the agenda to accommodate interested persons in the
audience.
Shirley Lulevitt
Architectural & Site Planned Unit Development approval request to allow the
construction of a new mixed use building on property zoned C2 (Central District
Commercial), located at 7031 Monterey Street, on the west side of Monterey Street,
between Ninth and Tenth Streets, Shirley Lulevitt, applicant, A/S 04-31.
Motion was made by Councilman Velasco, seconded by Councilman Morales and
carried to direct staff to prepare a resolution modifying A/S 04-31, to add condition #33
regarding inclusion of a requirement for a parking agreement.
The Mayor returned to the regular order of the agenda.
Neil Mussallem
A continued Public Hearing on a Zone Change request to re-zone (2) two single
family residential lots from Rl (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.
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Motion was made by Councilman Correa, seconded by Councilman Morales and
carried to continue to the meeting of March 21,2005, since no new documentation has
been received by staff for review.
City of Gilroy - Zoning Ordinance
An Ordinance of the City Council of the City of Gilroy approving modifications to
the Zoning Ordinance to provide consistency with the current Gilroy General Plan and to
clarify and simplify the existing Zoning Ordinance, City of Gilroy, applicant, Z 04-06.
Motion was made by Councilman Valiquette, seconded by Councilman Gartman 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 approving
Z 04-06.
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.
Motion was made by Councilman Valiquette, seconded by Councilman Dillon and
carried to continue to the meeting of March 21,2005, since no new documentation has
been received by staff for review.
Mike Bertolone
Small Project Exemption to allot 16 residential units on property zoned C2 (Central
District Commercial), located at 7433 Monterey Road, on the east side of Monterey
Street, between Fifth and Sixth Streets, Mike Bertolone, applicant, SPE 04-09.
The Mayor recused himself from discussion and vote on this application due to
business interests with the applicant, stepped down from the dais, and left the room.
The staff report was noted and further explained by Planner II Polubinsky.
Mike Bertolone explained why he went from 12 units to 16 units, due to the
. additional costs of the breezeway from Monterey Street to the alleyway.
Motion was made by Councilman Morales, seconded by Councilman Dillon and the
motion did not carry (Council members Dillon, Gartman, Valiquette, and Velasco voting
no and Councilman Pinheiro absent) to direct staff to prepare a resolution approving
SPE 04-09.
Motion was made by Councilman Velasco, seconded by Councilman Dillon and
carried (Councilman Pinheiro absent) to direct staff to prepare a resolution approving
SPE 04-09 modifying the approval from 16 units to 12 units.
The Mayor returned to his seat at the dais.
Afonso Almeida
Small Project Exemption to allot 12 units on property zoned C2 (Central District
Commercial), located at 7680 Monterey Street, on the east side of Monterey Street,
between Third and Fourth Streets, Afonso AImeida, SPE 04-07.
The Mayor recused himself from discussion and vote on this project due to business
interests with the applicant, stepped down from the dais, and left the room.
The staff report was noted and further explained by Planner II Polubinsky.
Motion was made by Councilman Velascc;, seconded by Councilman Morales and
carried (Mayor Pinheiro absent) to direct staff to prepare a resolution approving SPE 04-
07.
The Mayor returned to his seat at the dais.
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City of Gilroy - Ordinance Codification
An Ordinance of the City Council of the City of Gilroy pertaining to the reduction of
air pollution by the regulation of woodburning appliances by adding a new Article V to
Chapter 6 of the Gilroy City Code entitled "Regulation of Wood burning Appliances".
The staff report was noted and further explained by the City Administrator.
Joan Spencer spoke in support of the wood burning stove ordinance.
David Low, representing the American Lung Association, noted that Santa Clara
County has some of the worst air pollution, which comes partially from wood burning
stoves. He strongly encouraged the Council to adopt this ordinance.
Chris Cote spoke in support of this ordinance. He commended Lisa Jensema and
Gena Pinheiro for their commitment to our environment.
Matthew Sullivan spoke in opposition to this ordinance.
Jim Gailey spoke in opposition to Section 6.35(c) for reconstruction of fireplaces.
Environmental Programs Coordinator Jensema explained that during reconstruction,
they would have to build it to current code.
Motion was made by Councilman Dillon, seconded by Councilman Gartman and
carried to continue this request to March 7, 2005.
Customer Service
Email of thanks from Rosemary Guerrero to Lisa Bacio for assistance with new
prescription benefits.
Email of thanks from Kelly Felice to Jane Alexander for always helping with
customer questions.
Letter of thanks from Bruce Cumming, City of Morgan Hill Chief of Police, to
Captain Jack Robinson for assisting with an internal investigation and to Sergeant Wes
Stanford for serving on an interview panel.
Email of thanks from David Chulick to Phaedra Hernandez for drafting the staff
report and developing the consulting contract for the phone project.
Letter of thanks from Marjorie Matthews, County of Santa Clara, for the City of
Gilroy remittance of $4,480 for the Countywide Homeless Count and Survey.
Informational memorandum regarding LAFCO action on Island Annexation Policy.
City Administrator's Report
The City Administrator distributed copies of the Capital Improvement Budget and
Goals and Objectives. He noted the study session on the CIB to be held on Monday,
February 28, a Study Session on Tuesday, March 1 regarding VTP 2030, and on
Wednesday a workshop with the Gilroy Unified School District.
City Attorney's Report
The City Attorney noted a case in Los Angeles that dealt with the attention of a City
Council during a hearing. There was a lawsuit filed, and because the City Council did
not pay attention during a CUP Public Hearing, the court said that there was not due
process, and the court sent the issue back to the Los Angeles City Council to re-review
the application.
Council Members Report
Councilman Morales noted endorsement forms for Library measure A & B.
Mayor's Report
The Mayor stated that the Council would be adjourning to a closed session regarding
Conference with Labor Negotiator pursuant to Government Code Section 54956.9(b).
- "" ,,,,,,,,~,,<..,->~
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The Mayor reconvened the meeting and announced that no action had been taken in
the Closed Session.
*Meeting will be televised on Channel 17
FEBRUARY 2005
22 Study Session - Neighborhood District Policy - 5:30 p.m., City Council Chambers
22 Closed Session - Conference with Labor Negotiator - 6:00 p.m., Gilroy City Council
Chambers
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
MARCH 2005
1 Study Session - VTP 2030 Presentation & Discussion ofa Vehicle Registration Fee
Increase - 6:00 p.m., Gilroy City Council Chambers
2 Quarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., Gilroy Unified
School District Administration Office Board Room, 7810 Arroyo Circle
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
15 Joint Study Session with the Planning Commission on the Draft Trail Master Plan -
6:00 p.m., Gilroy City Council Chambers
21 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
APRIL 2005
4 Study Session - Hazard Mitigation DMA 2000 - 6:30 p.m., City Council Chambers
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12 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
18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
26 SCR W A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
The Mayor adjourned the meeting to the meeting of March 7,2005.
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Is! RHONDA PELLIN, CMC
City Clerk