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Minutes 2005/03/21 8364 Regular Meeting March 21, 2005 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Mark Milwee, First Baptist Church, gave the invocation. The City Clerk noted that the agenda had been posted on March 16,2005 at 10: 15 a.m. Roll Call Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales; Russ Valiquette; Roland Velasco; Al Pinheiro - 7:00 p.m. Introductions of new Employees The following new employee was introduced: Rito Martinez, Maintenance Worker Assistant, Community Services Department. Presentations & Proclamations John Sheedy, representing the Gilroy Police Officers Association, gave a presentation recommending that the new Police Facility be named in honor of former Police ChiefC.J. Laizure. Jane Howard gave a presentation regarding the hiring process for the new EDC Director. The Mayor noted a proclamation for Greek Independence Day - March 25, 2005, which was previously mailed to the recipient. The Mayor noted a proclamation for Assyrian National Day - March 21,2005, which was previously mailed to the recipient. The Mayor noted a proclamation for Tartan Day - April 6, 2005, which was previously mailed to the recipient. The Mayor noted a certificate for retired Boardmember Bruce L. Williams, Bicycle/Pedestrian Advisory Board, who was not present to accept the certificate. The Mayor presented the Employee Award for the month of March, 2005 to Clay Bentson, Acting Fire Division Chief, Fire Department. Councilman Dillon made his Councilmember comments at this time due to the attendance of many members of the Fire Department. He expressed thanks to the Fire Department on behalf of the Malinoff family for their assistance with the funeral of their son Keith Malinoff, and for their friendship and interaction with him. Presentations by members of the public for items not on the agenda, but within the subject matter jurisdiction of the City Council. Tony Mannino noted the Gilroy Community Services request to use all three school pools for their use this summer. He noted the impact that this will have on the Gilroy Gators program. Consent Calendar Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to approve the Consent Calendar, pulling Item III.H., which will be reagendized on the April 4, 2005 agenda. Minutes of the Regular Council Meeting of March 7,2005. Named the new Police Facility in honor of former Police ChiefC.J. Laizure. 8365 An Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from C2 (Central Commercial District) to C2-PUD (Central Commercial District-Planned Unit Development) on approximately 0.37 acres located at 7031 Monterey Street, between Ninth and Tenth Streets, APN 799-11-031, Shirley Lulevitt, applicant, Z 04-12. ORDINANCE NO. 2005-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM C2 (CENTRAL COMMERCIAL DISTRICT) TO C2-PUD (CENTRAL COMMERCIAL DISTRICT -PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 0.37 ACRES LOCATED AT 7031 MONTEREY STREET, BETWEEN NINTH AND TENTH STREETS, APN 799-11-031, SHIRLEY LULEVITT, APPLICANT, Z 04-12. PASSED AND ADOPTED this 21 st day of March, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Resolution of the City Council of the City of Gilroy approving TM 04-14, a Tentative Map to subdivide an approximately 0.37 acre site into 8 parcels which include 6 detached livelwork parcels, one commercial parcel and one common space parcel located at 7031 Monterey Street, between Ninth and Tenth Streets, APN 799-11-031, Shirley Lulevitt, applicant. RESOLUTION NO. 2005-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 04-14, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 0.37 ACRE SITE INTO 8 PARCELS WHICH INCLUDE 6 DETACHED LlVE/WORK PARCELS, ONE COMMERCIAL PARCEL AND ONE COMMON SP ACE PARCEL LOCATED AT 7031 MONTEREY STREET, BETWEEN NINTH AND TENTH STREETS, APN 799-11-031, SHIRLEY LULEVITT, APPLICANT. PASSED AND ADOPTED this 21st day of March, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Resolution of the City Council of the City of Gilroy approving A/S 04-31, an application for Architectural and Site approval of a Planned Unit Development (PUD) for an 8-parcel residential/commercial subdivision which includes 6 livelwork units, 3 apartments, 3 commercial stores and an office located at 7031 Monterey Street, between Ninth and Tenth Streets, APN 799-11-031, Shirley Lulevitt, applicant. RESOLUTION NO. 2005-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 04-31, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR AN 8-P ARCEL RESIDENTIAL/COMMERCIAL SUBDIVISION WHICH INCLUDES 6 LIVE/WORK UNITS, 3 APARTMENTS, 3 COMMERCIAL STORES AND AN OFFICE LOCATED AT 7031 MONTEREY STREET, BETWEEN NINTH AND TENTH STREETS, APN 799-11-031, SHIRLEY LULEVITT, APPLICANT. PASSED AND ADOPTED this 21 st day of March, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Resolution of the City Council of the City of Gilroy approving the city to apply for grant funds for the trails and open space grant program under the Clean, Safe Creeks and Natural Flood Protection Program of2000. 8366 RESOLUTION NO. 2005-18 ~ >- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE CITY TO APPLY FOR GRANT FUNDS FOR THE TRAILS AND OPEN SPACE GRANT PROGRAM UNDER THE CLEAN, SAFE CREEKS AND NATURAL FLOOD PROTECTION PROGRAM OF 2000. PASSED AND ADOPTED this 21st day of March, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE .' , . J -,... ~ Resolution of the City Council of the City of Gilroy 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 RESOLUTION NO. 2005-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY 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 TIlE PROPOSED DESTRUCTION OR REMOVAL OF SAID WEEDS, AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF TIlE RESOLUTION BY PUBLICATION THEREOF. PASSED AND ADOPTED this 21st day of March, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Resolution of the City Council of the City of Gilroy communicating the support of the elected officials for SB 680. (pULLED - to be reagendized on April 4, 2005) A Resolution of the City Council of the City of Gilroy setting the annual Fireworks Service Fee for impacts on City Fire and Police services related to the sale and use of safe and sane fIreworks pursuant to City Code Chapter lOA. RESOLUTION NO. 2005-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING THE ANNUAL FIREWORKS SERVICE FEE FOR IMP ACTS ON CITY FIRE AND POLICE SERVICES RELATED TO THE SALE AND USE OF SAFE AND SANE FIREWORKS PURSUANT TO CITY CODE CHAPTER lOA. PASSED AND ADOPTED this 21 st day of March, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Resolution of the City Council of the City of Gilroy establishing stop control on EI Caminito Way at its intersection with Lerma Lane in the City of Gilroy pursuant to Section 15.40 of the City Code. RESOLUTION NO. 2005-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING STOP CONTROL ON EL CAMINITO WAY AT ITS INTERSECTION WITH LERMA LANE IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE. PASSED AND ADOPTED this 21st day of March, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 8367 Bids and Proposals Unreinforced Masonry Buildings Recommendation to award bid for proposal to provide Professional Services for Engineering Reports for Unreinforced Masonry Buildings (URM) in Downtown Gilroy, 05.RFP.CDD.312, to Biggs Cardosa Associates Incorporated in the amount not to exceed $100,000.00. Motion was made by Councilman Dillon, seconded by Councilman Gartman and carried (Councilman Morales absent) to award the bid for a proposal to provide Professional Services for Engineering Reports for Unreinforced Masonry Buildings (URM) in Downtown Gilroy, 05.RFP-CDD-312, to Biggs Cardosa Associates Incorporated in the amount not to exceed $100,000.00. 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. The staff report was noted and further explained by Planner II Polubinsky. The Mayor opened the Public Hearing. Barton Hechtman, on behalf of the applicant, noted that they have addressed the concerns of the Council and neighbors. He explained that they reached out and met with the neighbors on the project. He stated that they reduced the density from 8 to 6 units. Lizabeth Ruiz noted concerns with the traffic to be generated from this project. Noel Alonzo noted that this is a good plan and project, but not for Miller Avenue. He stated concerns that other property owners on Miller Avenue may also want to build additional units on their properties. Robb AIonzo stated that this project did not meet the points the City Council wanted, nor does it meet the points that the neighbors requested. He noted that he would like the setback from Miller Avenue to be 100'. He asked to preserve Miller Avenue. He asked the Council to deny this project. AIbert Gagliardi stated that he is against the Zone Change. He stated that he likes it the way it is now. The Mayor closed the Public Hearing. Traffic Engineer Dey answered traffic related questions posed by Council members. Motion was made by Councilman Velasco, seconded by Mayor Pinheiro and carried (Council members Dillon and Valiquette voting no) to direct staff to prepare an ordinance approving Z 03-08. Police Department Public Hearing to consider a report from the Gilroy Police Department recommending projects/programs for funding under the 2005 Byrne Justice Assistance Grant (JAG) monies ($23,628.00) to be expended before September 30, 2008. The staff report was noted and further explained by Captain Moore. The Mayor opened the Public Hearing. There being no comments, the Mayor closed the Public Hearing. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried (Councilman Dillon absent) to approve projectslprograms for funding under the 2005 Byrne Justice Assistance Grant (JAG). 8368 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. APPLICATION WITHDRAWN - NO LONGER NEEDED Mike Conrotto An Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from M2 (General Industrial) to CM (Commercial Industrial) on approximately 6 acres located at 6460-6490 Chestnut Street, APN 841-15- 069, Emsee Transportation Co. (c/o Mike Conrotto), applicant, Z 03-10. Motion was made by Councilman Morales, seconded by Councilman Correa and carried (Councilman Gartman voting no) to adopt Ordinance No. 2005-05 approving an application for a change in zoning designation from M2 (General Industrial) to CM (Commercial Industrial) on approximately 6 acres located at 6460-6490 Chestnut Street, APN 841-15-069, Emsee Transportation Co. (c/o Mike Conrotto), applicant, Z 03-10. ORDINANCE NO. 2005-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM M2 (GENERAL INDUSTRIAL) TO CM (COMMERCIAL INDUSTRIAL) ON APPROXIMATELY 6 ACRES LOCATED AT 6460-6490 CHESTNUT STREET, APN 841-15-069, EMSEE TRANSPORTATION CO. (C/O MIKE CONROTTO), APPLICANT, Z 03-10. PASSED AND ADOPTED this 21st day of March, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE (08:28 PM) 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 wood burning appliances by adding a new Article V to Chapter 6 of the Gilroy City Code entitled "Regulation of Wood burning Appliances". Councilman Gartman requested changes to Section 6.35(c) and adding Section 6.38(c), to add an additional exemption. Matthew Sullivan noted that he has statistics regarding the amount of wood that is burned in Gilroy. He asked the Council to not adopt this ordinance, and stated that he can get additional documentation for them. He asked that the masonry fireplaces be grandfathered in to repair them if the Council does adopt this ordinance. James Gailey offered and distributed some recommended changes to this ordinance. He asked the Council to work with the County to limit the amount of wood burned by farmers. Joan Spencer agreed that PM 10 is measured in San Rafael but noted that PM 2.5 is measured in San Jose. She applauded the City Officials for doing the right thing and taking this first step towards cleaner air. Motion was made by Councilman Correa, seconded by Councilman Morales and carried (Councilman Gartman voting no) to adopt Ordinance No. 2005-06 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" . ORDINANCE NO. 2005-06 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". PASSED AND ADOPTED this 21st day of March, 2005, by the following vote: 8369 AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VELASCO, V ALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE (09:01 PM) James Suner Small Project Exemption request to allot 5 single family residential units on property zoned Hecker Pass Special Use District, located at 2730 Hecker Pass Highway. James Suner, applicant, SPE 04.03. The staff report was noted and further explained by Planner II Durkin. Motion was made by Councilman Velasco, seconded by Councilman Dillon and carried to direct staff to prepare a resolution approving SPE 04.03. James Suner Small Project Exemption request to allot 8 single family residential units on property zoned Al (Agriculture), located at the northwest corner of Santa Teresa Boulevard and Thomas Road. James Suner, applicant, SPE 04-04. The staff report was noted and further explained by Planner II Durkin. James Suner noted that this is basically the tentative map that he will be submitting tomorrow. He requested that the Council give him any comments tonight, if the Council has concerns. Motion was made by Councilman Velasco, seconded by Councilman Dillon and carried to direct staff to prepare a resolution approving SPE 04-04. City Administrator's Report The City Administrator noted a SCRW A meeting tomorrow morning. He noted that next Tuesday is the cm meeting. He explained that two sections of the agenda have been pulled out and are now being sent by Email. City Attorney's Report The City Attorney noted that the WalMart petitioners filed an appeal of the court's decision in favor of the City. She stated that they have filed a motion to get a staylinjunction from moving the project forward. Council Members Report Councilmember Valiquette stated that he hopes everyone has a good Easter and comes to Bonfante Gardens. Councilman Gartman asked for more information about what happened to the Gators to see why they were bounced from their practice times. He noted that on March 29th at 10:00 a.m., there will be a street dedication in honor of Bill Lindsteadt, and asked that everyone come out for the ceremony. Councilman Velasco asked the Mayor to send a letter to the staff ofCalTrain regarding their proposal to cut train service out of Gilroy. He asked that the Council not support that recommendation. Councilman Correa asked if the Council is interested in a report on the Perchlorate clean.up. The Mayor asked to have him contact the agency wishing to give the report, to have them send their request and information to or call the City Administrator. Mayor's Report The Mayor reminded everyone of the March 23rd ribbon cutting at the Sports Park at 11 :00 a.m. He discussed the issue of having Study Sessions on Monday vs. Tuesday nights. He stated that the study session on March 29 will be the last Tuesday night, and then the schedule will go back to Monday nights. (09:29 PM) *Meeting will be televised on Channel 17 8370 MARCH 2005 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 29*Joint Council/Planning Commission Study Session - Review of the 2005 cm - 6:00 p.m., Gilroy City Council Chambers APRIL 2005 4 Study Session - VTA Sales Tax Ballot Measure and Hazard Mitigation DMA 2000- 6:00 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 Closed Session - Conference with Labor Negotiator - 6:00 p.m., Gilroy City Council Chambers 18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy MAY 2005 2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 9*Budget Workshop - 6:00 p.m., Gilroy City Council Chambers 10 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 16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 23 Quarterly Workshop with the Gilroy Unified School Board - 6:00 p.m., Sunrise Fire Station Conference Room, 880 Sunrise Drive, Gilroy 24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment The Mayor adjourned the meeting to the meeting-f~ April 4, 2005.~ . _idc.)jd:.:,=_~=.g.J:.1,i!o________ Isl RHONDA PELLIN, CMC City Clerk