Minutes 2005/05/02
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Regular Meeting
May 02, 2005
Gilroy, California
The Mayor led the Pledge of AIlegiaoce to the Flag.
Father Dan Derry, St. Mary's Catholic Church, gave the invocation.
The City Clerk noted that the agenda had been posted on April 27, 2005 at
2:40 p.m.
Roll Call
Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales;
Russ Valiquette; Roland Velasco; AI Pinheiro.
Orders of the Day
The Mayor stated that Item Y.B.l., the Neighborhood District Policy, would be
continued to June 6, 2005.
Motion was made by Councilman Valiquette, seconded by Councilman Correa and
carried to continue discussion of the Neighborhood District Policy to June 6,2005.
Introductions
The following new employee was introduced: Ruth Watson, Police Records
Technician, Police Department.
Presentations & Proclamations
The Mayor noted a proclamation for Days of Remembrance - May 1-8,2005, which
was previously mailed to the recipient.
The Mayor noted a proclamation for Sexual Assault Awareness Month - April, 2005,
which was previously mailed to the recipient.
The Mayor presented the Volunteer of the Month of February, 2005 award to
Gay Rush.
The Mayor noted the annual report by Kirsten F. Carr, Executive Director, Gilroy
Visitors Bureau.
Eileen Kopp, Library Commission member, was not present to give a report on their
activities.
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
The Mayor stated that he reviewed the webcast of the April 18, 2005 meeting, and
would vote on items discussed at that meeting.
Motion was made by Councilman Valiquette, seconded by Councilman Correa and
carried to approve the Consent Calendar, with an amendment to Item III.A. Minutes of
the Regular Council Meeting of April 18,2005.
Minutes of the Special Council Meeting of April 11, 2005 and the Regular Council
Meeting of April 18, 2005, as amended on page 1.
Resolution of the City Council of the City of Gilroy authorizing the filing of an
application for Federal Surface Transportation funds through the Metropolitan
Transportation Commissions' Transportation for Livable Communities Program for
Monterey Streetscape Improvements Project - Fourth Street to Sixth Street and
committing the necessary local match for the project and stating the assurance of the City
of Gilroy to complete the project.
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RESOLUTION NO. 2005-30
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURF ACE
TRANSPORTATION FUNDS THROUGH THE METROPOLITAN
TRANSPORT ATION COMMISSIONS' TRANSPORTATION FOR LIVABLE
COMMUNITIES PROGRAM FOR MONTEREY STREETSCAPE IMPROVEMENTS
PROJECT - FOURTH STREET TO SIXTH STREET AND COMMITTING THE
NECESSARY LOCAL MATCH FOR THE PROJECT AND STATING THE
ASSURANCE OF THE CITY OF GILROY TO COMPLETE THE PROJECT.
PASSED AND ADOPTED this 2nd day of May, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
Aj.st~'COUNCILMEMBERS: NONE
Property Improvement Agreement No.: 2005-07, Tract 9661, Olive Grove Homes @
Mantelli Drive & Kern Avenue, APN: 790-04-073,084 & 085, GMD Development Inc.
Request for Acceptance of Improvements Monterey Street Storm Drain Lining
Project, Project No. 05-CDD-I06.
Property Improvement Agreement No.: 2005-04, Tract 9619, The Forest Phase,III.@.,
Winter Green Court, APN: 783-03-045, 783-03-050, & 783-03-055, Glen Loma
Corporation.
Denied claims of David Burns, Duane Crewse, Omar Gonzalez, and Juan Vela.
Approval of Solid Waste Collection Vehicle Program Grant Agreement Between The
Bay Area Air Quality Management District and City of Gilroy for acceptance by the City
of$162,500 grant to install diesel emission control strategy on fifteen solid waste
collection vehicles in the fleet of South Valley Disposal and Recycling.
Bids and Proposals
The City Administrator presented a recommendation to award the bid for Forest
Street Park and the Oaks Play Area at Las Animas Veterans Park, Project No. 05-CDD-
112, to Perma-Green Hydroseeding in the amount of $559,000.00.
Motion was made by Councilman Valiquette, seconded by Councilman Dillon and
carried to award the bid for Forest Street Park and the Oaks Play Area at Las Animas
Veterans Park, Project No. 05-CDD-112, to Perma-Green Hydroseeding in the amount of
$559,000.00.
Community Development Block Grant
A continued Public Hearing to consider adoption of the 2005-2006 CDBG funding
allocations (One-Year Action Plan), as well as the 2005-2010 Consolidated Plan.
The staff report was noted and was further explained by the City Administrator and
HCD Coordinator Roaf
The Mayor opened the Public Hearing. There being no comments from the public,
the Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried to adopt Staff recommendations.
Gilroy General Plan
A continued Public Hearing on a request to adopt the City of Gilroy Neighborhood
District Policy as recommended by the Neighborhood District Task Force. City of Gilroy,
applicant, M 03-01.
The Public Hearing for M 03-01 was continued to June 6,2005, to allow time for an
additional study session.
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Gilroy General Plan
A continued Public Hearing on a request to adopt the Trails Master Plan as
recommended by the Trails Master Plan Task Force throughout the City of Gilroy and the
City's General Plan area. City of Gilroy, applicant, M 05-02.
The staff report was noted and was further explained by the City Administrator,
Facilities and Parks Development Manager Headley, and consultant Lee Steinmetz.
The Mayor opened the Public Hearing. There being no comments from the public,
the Mayor closed the Public Hearing.
Motion was made by Councilman Valiquette, seconded by Councilman Morales and
carried to adopt Resolution No. 2005-31 approving the Trails Master Plan, M 05-02.
RESOLUTION NO. 2005-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING THE TRAILS MASTER PLAN, M 05-02.
PASSED AND ADOPTED this 2nd day of May, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
A'JSCAlIT COUNCILMEMBERS: NONE
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-OlO, Neil Mussallem, applicant,
Z 03-08.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried (Council members Dillon, Gartman, and Valiquette voting no) to adopt Ordinance
No. 2005-09 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.
ORDINANCE NO. 2005-09
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, APN808-13-009 AND -
010, NEIL MUSSALLEM, APPLICANT, Z 03-08.
PASSED AND ADOPTED this 2nd day of May, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, MORALES, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: DILLON, GARTMAN, and VALIQUETTE
ABSENT: COUNCILMEMBERS: NONE
Gilroy General Plan
Request for minor modifications to the Residential Development Ordinance relating
to the City of Gilroy Trails Master Plan as recommended by the Trails Master Plan Task
Force. City of Gilroy, applicant, M 05-03.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried to discuss this at the June 10, 2005 Council mini-retreat.
City of Gilroy - Zoning Ordinance
An Ordinance of the City of Gilroy approving Z 05-01 to prohibit the establishment
of certain uses in the C2 Central Commercial District, namely, new bars that do not offer
meals, dance halls, personal services businesses that primarily offer massage, tattoo or
body piercing, outdoor sales of automobiles, sale of automobile parts, automobile repair
establishments and liquor sales for off site consumption, and to establish new categories
for bars, beer and wine sales with tasting and auction houses.
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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 Correa, seconded by Councilman Morales and
carried to introduce an Ordinance of the City Council of the City of Gilroy approving
Z 05-01.
Las Animas Veterans Park
Request by the Gilroy Tennis Club to donate a new tennis court at Las Animas
Veterans Park.
Bill Reimal stated that they are setting precedent by proposing this project, and are
hiring the same consultant that the City approved for another project tonight.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried to accept the donation of a new tennis court at Las Animas Veterans Park.
Commissions/Boards
Resignation of Darrell Kelly from the Historic Heritage Committee.
Motion was made by Councilman Correa, seconded by Councilman Morales and
carried to accept the resignation of Darrell Kelly with regrets, and to appoint James
Gailey to fill the vacancy on the Historic Heritage Committee through December 31,
2005.
City Administrator's Report
The City Administrator distributed the quarterly reports and the draft Financial Plan.
He noted that the ABAG multi-jurisdictional report "Taming Natural Disasters" was
approved by FEMA.
City Attorney's Report
City Attorney Faber noted that the WalMart suit is on appeal, but the petitioners
never asked for a stay on the construction when they appealed. They did file to request a
stay after the appeal was filed, and the court, on April 26, 2005, denied the stay.
Council Members Report
Council member Dillon stated that four Mondays from now would be the Memorial
Day parade and celebration.
Councilman Morales congratulated the Eigleberry Neighborhood for the successful
clean up last weekend.
Councilman Velasco asked when the study session would be held on the
Neighborhood District Policy, and was told that they would work on scheduling it.
Councilman Gartman echoed the same information as Councilman Dillon, that the
Memorial Day parade and celebration is a month away.
Mayor's Report
Discussion on a 0% or COLA increase for Council salaries for 2005-2006.
Motion was made by Councilman Gartman, seconded by Councilman Morales and
carried to accept a 0% increase in Council salary for 2005-2006.
The Mayor discussed the June 10, 2005 retreat and asked the Council to agree to a
full day retreat, which they did.
*Meeting will be televised on Channel 17
MAY 2005
2 Review and Discussion on the Neighborhood District - 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
I
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11 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center
16 Study Session - Fire Department Overtime - 6:00 p.m., Gilroy City Council
Chambers
.,16* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
24 SCRW A Meeting - 7:30 a.m., 1500 Souths ide Drive, Gilroy
25 Quarterly Workshop with the Gilroy Unified School Board - 6:00 p.m., Sunrise Fire
Station Conference Room, 880 Sunrise Drive, Gilroy (TO BE RESCHEDULED)
JUNE 2005
6 Review of the Fire Department overtime issue and Information Technology Strategic
Plan Update - 6:00 p.m., Gilroy City Council Chambers
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 Street,
Gilroy
13*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers (NOTE
CHANGE OF DATE)
14 SCRW A Meeting - 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
JULY 2005
11 *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 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (08:41 PM)
Adjournment
The Mayor adjourned the meeting of May 16,2005.
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Is/ RHONDA PELLIN, CMC
City Clerk