Minutes 2005/04/04
",~,"''''''';,',L,'''-'"'",;''n,c'.' .
8370
Regular Meeting
April 04, 2005
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Bruce Rowlison, Gilroy Presbyterian Church, gave the invocation.
The City Clerk noted that the agenda had been posted on March 30, 2005 at
11:51 a.m.
Roll Call
Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales;
Russ Valiquette; Roland Velasco; Al Pinheiro.
Presentations & Proclamations
The Mayor noted a presentation of funds by the Veterans of Foreign Wars and the
American Legion for the monument at the Ranch Site at Christmas Hill Park.
The Mayor presented a proclamation for 911 Public Safety Communicator Week-
April 10-16, 2005 to Senior Public Safety Communicator Jim Stephens and Public Safety
Communicator Niki Bruick.
The Mayor noted a presentation by Candice Kwok, SCV\VD, regarding a request for
a letter of support for AB 1590 - Property Tax Revenue Allocations: Special Districts.
The Mayor noted an update by Carl Guardino and Don Gage on SB 680 - Traffic
Relief Bill.
8371
The Mayor deviated from the regular order of the agenda to accommodate interested
persons in the audience.
State/Federal Legislation
Resolution of the City Council of the City of Gilroy communicating the support of the
elected officials for SB 680.
Joe Thompson noted that he disagrees with SB 680. He stated that there are other
ways to save transportation monies. He stated that we cannot continue to tax people the
way we have been.
Motion was made by Councilman Velasco, seconded by Mayor Pinheiro and the
motion did not carry (Council members Dillon, Gartman, Morales, and Valiquette voting
no) to adopt a resolution communicating the support of the elected officials for SB 680.
The Mayor returned to the regular order of the agenda.
Youth Commission Report
The Youth Commission introduced those members of the Commission present for
this report. The members reported on activities of the Commission, including assisting
with Santa's Breakfast, attending their annual retreat, attending the Brown Act review
meeting with City Attorney Callon, and the successful Junior High Mixer. They stated
that they want to form a stronger bond with the City Council and sponsor more middle
school activities. They commented that they participated in Kids Discover Arts and will
be working at the Lord's Table, the Garlic Festival, Safe Night, and the new Art and Wine
Festival.
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 by the public.
Consent Calendar
Motion was made by Councilman Valiquette, seconded by Councilman Dillon and
carried to approve the Consent Calendar.
Minutes of the Regular Council Meeting of March 21, 2005.
Agreement with Hilton Garden Inn for an Economic Incentive Reimbursement
Repayment Schedule.
A Resolution of the City Council of the City of Gilroy authorizing the installation of
no parking areas and limited time parking areas on First Street from Miller A venue to
Santa Teresa Boulevard.
RESOLUTION NO. 2005-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE INSTALLATION OF NO PARKING AREAS AND LIMITED
TIME PARKING AREAS ON FIRST STREET FROM MILLER A VENUE TO SANTA
TERESA BOULEVARD.
PASSED AND ADOPTED this 4th day of April, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Approved Budget AmendmentslTransfers.
Recommendation to transfer the Old City Hall lease from Glen Gurries and Daniel
Barduzzi to Jim Angelopoulos.
Request for letter of support for AB 1590 - Property Tax Revenue Allocations:
Special Districts.
Denied claims of Bonnie Carter, Karen Crespo, Carol Guarino, and
AIejandra Rodriguez.
8372
A Resolution of the City Council of the City of Gilroy approving SPE 04-03, an
application for a Small Project Exemption from the Residential Development Ordinance,
APN 810-20-007, James Suner, applicant.
RESOLUTION NO. 2005-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SPE 04-03, AN APPLICATION FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN
810-20-007, JAMES SUNER, APPLICANT.
PASSED AND ADOPTED this 4th day of April, 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 SPE 04-04, an
application for a Small Project Exemption from the Residential Development Ordinance,
APN 808-20-003, James Suner, applicant.
RESOLUTION NO. 2005-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SPE 04-04, AN APPLICATION FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN
808-20-003, JAMES SUNER, APPLICANT.
PASSED AND ADOPTED this 4th day of April, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Community Development Block Grant
Public Hearing to review the proposed 2005-2006 Community Development Block
Grant (CDBG) Public Service funding allocations (One- Year Action Plan).
The staff report was noted and further explained by HCD Coordinator Roaf and
Susan Baker. HCD Coordinator Roafintroduced the members of the CAC (Citizens
Advisory Committee).
The Mayor opened the Public Hearing.
Robert A. Dolci, Emergency Housing Consortium, thanked the CAC and the staff for
the recommendation. He noted his gratitude for the grant.
Martin Eicher, Project Sentinel, noted that he supports the CAC recommendation. He
stated that they provide many housing programs, some for free, in this community. He
noted that Project Sentinel is committed to staying in this community.
Cheryl Huguenor, Live Oak Adult Day Services, thanked the Council for their
support. She noted that they fall within the "food" category that the Council has set. She
stated that they are very grateful for all the support that the Council has given to them.
David Cox, St. Joseph's Family Center, thanked the CAC for supporting them. He
stated that his organization would fall within the categories of "food" and "shelter."
The Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried to adopt Staff recommendations as follows:
Catholic Charities - Daybreak Respite & Care Giver Support Services $5,000
Catholic Charities - Long Term Care Ombudsman $6,000
Community Solutions - La Isla Pacifica $6,000
Emergency Housing Consortium - Housing for Homeless Residents $10,000
Live Oak Adult Day Services - Adult Day Care $5,410
Outreach & Escort, Inc. - Special Needs Transportation $5,000
8373
Project Sentinel- Fair Housing $18,000
Project Sentinel- Tenant/Landlord Counseling $29,412
Rebekah Children's Services - Teen Mom's Program $7,230
Second Harvest Food Bank - Operation Brown Bag $5,200
Silicon Valley Independent Living Center - Housing Program for Persons with
Disabilities $4,320
St. Joseph's Family Center - Housing & Family Services $9,800
St. Joseph's Family Center - Employment Services $14,500
Motion was made by Councilman Velasco, seconded by Councilman Morales and
carried to continue the Public Hearing to May 2,2005 to consider adoption of the 2005-
2006 CDBG funding allocations (One-Year Action Plan), as well as the 2005-2010
Consolidated Plan.
At 8:27 p.m. the Mayor called for a recess, after which he recalled the meeting to
order.
Shapell Industries
A Public Hearing on a General Plan Amendment to change the existing land use
designation from Visitor Serving Commercial to Low Density Residential, on property
located south of Hecker Pass Highway and northwest of the Eagle Ridge residential
development. Shapell Industries of Northern California, applicant, GPA 04-01.
Councilman Valiquette recused himself from discussion and vote on Items Y.B.,
Y.c., Y.D., VE., and VILA. due to financial interests 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 Planning Division Manager Faus
for GPA 04-01, Z 04-10, M 04-12, TM 04-11, and A/S 04-39.
The Mayor opened the Public Hearing for GPA 04-01, Z 04-10, M 04-12, and
TM 04-11.
Chris Truebridge, Shapell Industries of Northern California, introduced several
members of the team present to answer any questions. He asked for support on these
applications.
Mike Patterson, Eagle Ridge resident, noted some concerns including loss of property
values due to the park construction. He noted concerns with traffic stacking at the main
gate, and concerns with public safety due to traffic issues. He noted concerns with the
Hecker Pass EIR and the traffic issues.
The Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried (Councilman Valiquette absent) to approve the Mitigated Negative Declaration,
with the 18 mitigated measures, 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 Correa and
carried (Councilman Valiquette absent) to adopt Resolution No. 2005-25 approving
GPA 04-01.
RESOLUTION NO. 2005-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING GPA 04-01, AN AMENDMENT TO THE GENERAL PLAN TO
CHANGE THE LAND USE DESIGNATION FROM VISITOR SERVING
COMMERCIAL TO RESIDENTIAL LOW DENSITY ON APPROXIMATELY 32.9
ACRES AT THE FAR NORTHWEST CORNER OF THE EAGLE RIDGE
DEVELOPMENT.
PASSED AND ADOPTED this 4th day of April, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VALIQUETTE
8374
Shapell Industries
A Public Hearing on a Zone Change request to change the zoning of32.9 acres from
HC (Highway Commercial) to RI-PUD (Single Family Residential-Planned Unit
Development) on property located south of Hecker Pass Highway and northwest of the
Eagle Ridge residential development. Shapell Industries of Northern California,
applicant, Z 04-10.
Motion was made by Councilman Correa, seconded by Councilman Dillon and
carried (Councilman Valiquette absent) 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 Dillon and
carried (Councilman Valiquette absent) to introduce an Ordinance of the City Council of
the City of Gilroy approving Z 04-10.
Bonfante Gardens
A Public Hearing to amend a prior pre-annexation Development Agreement to
remove 32.9 acres of property from the approved Development Agreement on property
located south of Hecker Pass Highway and northwest of the Eagle Ridge residential
development for Bonfante Gardens, Inc., M 04-12.
Motion was made by Councilman Velasco, seconded by Councilman Dillon and
carried (Councilman Valiquette absent) 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 Dillon and
carried (Councilman Valiquette absent) to introduce an Ordinance of the City Council of
the City of Gilroy approving M 04-12.
Shapell Industries
A Public Hearing on a Vesting Tentative Map request to sub-divide 32.9 acres into
118 single family residential lots and a 3.2 community park, on property located south of
Hecker Pass Highway and north of the Eagle Ridge residential development. Shapell
Industries of Northern California, applicant, TM 04-11.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried (Councilman Valiquette absent) to agendize a resolution approving TM 04-11 at
the next City Council meeting, including the change in wording on condition #41.
The Mayor deviated from the regular agenda to accommodate interested persons in
the audience.
Shapell Industries
Architectural & Site-Planned Unit Development to allow the construction of 118
single family homes on property located south of Hecker Pass Highway and northwest of
the Eagle Ridge residential Development. Shapell Industries of Northern California,
applicant, A/S-PUD 04-39.
Motion was made by Councilman Velasco, seconded by Councilman Dillon and
carried (Councilman Valiquette absent) to agendize resolution approving A/S 04-39 at
the next City Council meeting.
City Council
Set special meeting for April 11, 2005 (time to be determined) for approval of Shape II
applications.
Motion was made by Councilman Correa, seconded by Councilman Dillon and
carried (Councilman Valiquette absent) to set a special meeting for 5:50 p.m. for April
11, 2005 for approval of the Shapell applications.
The Mayor returned to the regular order of the agenda.
Councilman Valiquette returned to his seat at the dais.
8375
Neil Mussallem
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 RI-PUD (Single
Family Residential-Planned Unit Development) on approximately 1.16 acres located at
7861 and 7891 Miller Avenue, APN 808-13-009 and -010, Neil Mussallem, applicant, Z
03-08.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried (Council members Dillon and Valiquette voting no) 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 Correa and
carried (Council members Dillon, Gartman, and Valiquette voting no) to introduce an
Ordinance of the City Council of the City of Gilroy approving Z 03-08.
Village Green Development
Request that the City change its policy restricting the age of residents in senior citizen
housing developments from 62 years and older to 55 years and older. DMA Gilroy
Partners (Village Green), clo Tom Gruenwald, M 05-04.
The staff report was noted and further explained by Planner II Durkin.
Donald Prestigiacomo stated that he is the applicant trying to get into Village Green.
He stated that it is not about the age restriction of 55, but rather that he is disabled and
that he needs the facilities.
John Prince stated that he is not in favor of changing the age restriction from 62.
Patricia Watson stated that she does support the change to 55 and supports someone
in need of being able to come to a senior community.
Karen Saunders, South County Housing, noted opposition by South County Housing
to changing the age restriction to 55 years of age. She urged that the 62 year age
restriction be maintained.
Miguel Vasquez, on behalf ofDMA Gilroy Partners, noted that the residents would
like a more diverse age group and to allow acceptance of those applicants with
disabilities. He stated that there are restrictions in place to prohibit anyone living in a
unit under 35 years of age, so there should be no concern with new residents being
allowed in with children.
Raymond Michelson stated that he would like to keep the age restriction at 62. He
stated that he is on a fixed income, and can't pay for any increases that may come up
regarding this in the future.
Judith King stated that she would like to see the age stay at 62.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to deny M 05-04 and to adopt the Senior Citizen Housing Policy to restrict the age
of residents in senior citizen housing developments to 62 years of age and older.
City Administrator's Report
The City Administrator stated that the Council will meet at 5:50 p.m. on Monday to
adopt the ShapeU ordinances and resolutions and then go into a study session at 6:00 p.m.
Mayor's Report
The Mayor announced an ABAG General Assembly meeting on "Casinos on the Bay
Area Landscape" to be held on April 28, 2005 in San Francisco from 8:30 a.m. to 3:30
p.m. He requested Council members contact the City Clerk if they are interested in
attending.
*Meeting will be televised on Channel 17
8376
. APRIL 2005
4 Study Session - VT A 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
11 * Special City Council Meeting - Tentatively 6:00 p.m., Gilroy City Council Chambers
11 * Study Session - Revenue Projections and Review of the Preliminary Financial Plan-
(to follow Special Meeting), 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 Information Technology Strategic Plan Update - 6:00 p.m., Gilroy City Council
Chambers
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
24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
25 Quarterly Workshop with the Gilroy Unified School Board - 6:00 p.m., Sunrise Fire
Station Conference Room, 880 Sunrise Drive, Gilroy
JUNE 2005
6*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
8 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center
10 City Council Mini-Retreat - 8:30 a.m., Willey Cultural Center, 140 Fifth St, Gilroy
13*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers (NOTE
CHANGE OF DATE)
14 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
20 Regular City Council Meeting - (HAS BEEN MOVED TO JUNE 13, 2005)
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
The Mayor adjourned the meeting of April 11, 2005
~A}j/. ~ 11/ .
'::;:jl~_:7.LLL_(ff;~!..:::'-_JL_~(-f._Ub._____
Is/ RHONDA PELLIN, CMC
City Clerk