Minutes 2005/05/16
L
..~ ",.="...,,-c.<". ...,'=".'.~- ".-"'-.. .;"'..._...':-.""....".,."''''.,'.''',.,'"'''_.'"~.''''.:'"O''''_."..~, ,-,!>,.".-.
Presentations & Proclamations
The Mayor noted a proclamation for Palestinian Cultural Day - May 10, 2005, which
was previously mailed to the recipient.
Introductions
The following promoted employees were introduced: Ed Bozzo, Fire Division Chief,
Fire Department and Mark Ordaz, Fire Captain, Fire Department.
Orders of the Day
The Mayor noted that Councilman Velasco requested that Item VIlA be continued to
June 6, 2005, and the Council concurred.
Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales; Russ
Valiquette (arrived at 7:39 p.m.); AI Pinheiro I Absent: Roland Velasco.
Roll Call
The City Clerk noted that the agenda had been posted on May 11,2005 at 11:30 a.m.,
and the addendum to the agenda was posted on May 13, 2005 at 4:20 p.m.
Pastor Mark Turner, South Valley Community Church, gave the invocation.
The Mayor led the Pledge of AIlegiance to the Flag.
Regular Meeting
May 16, 2005
Gilroy, California
8387
8388
The Mayor noted a presentation by Bob Campbell, on the Housing Trust of Santa
Clara County.
Bud Burchell, Library Commission, gave 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.
Chris Cote noted the Las Animas Veterans Park is a tribute to those who are
defending our nation. He stated that the park is in a sad state of affairs in portions of the
park. He commented that the park should be better cared for. He noted that Councilman
Morales is working with members of the community to clean up the park. He invited the
community to assist on May 22, 2005, Sunday, to help clean up the park at no cost to the
citizens.
Consent Calendar
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried (Council members Valiquette and Velasco absent) to approve the Consent
Calendar.
Minutes ofthe Regular Council Meeting of May 2,2005.
Request for Acceptance ofImprovements, Santa Teresa Undergrounding Project/Fifth
Street Undergrounding, Project No. 03-CDD-116.
Request for Acceptance of Improvements, Tract No. 9342, Southside Drive, MarRad
Group, Inc.
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.
ORDINANCE NO. 2005-10
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 OFFSITE
CONSUMPTION, AND TO ESTABLISH NEW CATEGORIES FOR BARS, BEER
AND WINE SALES WITH TASTING AND AUCTION HOUSES.
PASSED AND ADOPTED this 16th day of May, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, and
PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VALIQUETTE and VELASCO
Santa Clara Valley Water District Joint Use Agreement for the DeBell Uvas Creek
Park Preserve I Levee Trail Extension into the Sports Park.
Property Improvement Agreement No. 2005-09, Tract 9691, Rancho Meadows Three,
Cheyenne Drive and Saddler Drive, APN: 783-62-014, Rancho Meadows Incorporated.
Property Improvement Agreement No. 2005-08, Tract 9678, Rancho Meadows Two,
Sprig Way and Rodeo Drive, APN: 783-20-015, Camino Enterprise Corporation.
Property Improvement Agreement No. 2003-07, Tract 9493, Las Animas Monterey
Crossing, Las Animas and Monterey Road, APN: 835-02-006, 835-02-007,
Augustine Melia.
Property Improvement Agreement No. 2004-25, Parcel Map @ Wayland, Hollings
Cartaway Hunger Relief Organization, Inc., APN: 790-26-002 and 790-26-003.
8389
Request to authorize staff to apply for a Gilroy Foundation grant.
Bids and Proposals
Recommendation to piggy.back on the US. General Services Administration (GSA)
Schedule GS-28F-0013 to purchase furniture for the new Police Station through Palace
Art & Office Supply, not to exceed $300,000.00.
The City Administrator presented a recommendation to piggy-back on the U.S.
General Services Administration (GSA) Schedule GS.28F-0013 to purchase furniture for
the new Police Station through Palace Art & Office Supply, not to exceed $300,000.00.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried (Council members Valiquette and Velasco absent) to piggy. back on the US.
General Services Administration (GSA) Schedule GS.28F-0013 to purchase furniture for
the new Police Station through Palace Art & Office Supply, not to exceed $300,000.00.
Augustine Melia
A continued Public Hearing on a Pre-Zone Change request to pre. zone 53 acres to
Ml (Limited Industrial) on property located north of Las Animas Avenue, between
Monterey Road and Murray Avenue. Augustine Melia c/o Lee Weider, applicant,
Z 02-01.
The staff report was noted and further explained by Planner II Casper for Z 02-01 and
A 01.01.
(Councilman Valiquette arrived at 7:39 p.m.)
The Mayor opened the Public Hearing for Z 02.01 and A 01-01.
Lee Wieder stated that he concurs with the staff recommendation. He noted that they
held two neighborhood meetings. He stated that perhaps the City and County should
meet with the Hoenck family on the private driveway issue.
Thomas Muniz, resident of the area, noted an HCD survey that was done by the
residents in this area, noting concerns with traffic. He noted that one of the mitigation
monitoring program items did not indicate any accountability. He stated that the
residents feel that the extension of Murray Avenue is going to dramatically increase the
traffic to Las Animas Avenue. He distributed a petition with respect to this project. He
read from the General Plan that half-street annexations would not be approved, except as
provided in Policy 34, unless otherwise provided by State law. He wasn't sure if this
would pertain to this annexation or not.
Hubie and Becky Hoenck stated that they own the 15 acres next to the annexation and
the rest of their family members are on the north side ofCohansey. He stated that he is
the one who started the annexation, but his property was removed from the original plan.
. He stated that he had talked to the City and County about closing off the private
driveway, but neither agency would be involved with his private driveway. He stated that
everybody uses that road. He stated that the annexation would have helped him a lot. He
noted that it was stated that Murray Avenue would be improved with the approval of this
annexation, but he noted that that property is in the Williamson Act and it can't be
touched. He stated that when the City took him out of the annexation application, it made
him liable if someone gets hurt on that road. Becky Hoenck distributed a letter
requesting that the City and County meet with them to facilitate a favorable resolution to
this issue.
Mike Nagel gave his sympathy to the Hoencks, and noted that he hoped the situation
gets solved in some way. He noted concerns with some of the comments that were made
regarding the traffic study. He recommended going with the current EIR and traffic
study that was prepared by professionals. He requested that the application for annexation
be approved.
Lee Wieder noted a letter that was included in the Council packet that explained why
the Hoenck property was removed from the annexation application.
The Mayor closed the Public Hearing.
8390
Motion was made by Councilman Dillon, seconded by Councilman Valiquette and
carried (Councilman Morales voting no and Councilman Velasco absent) to certify the
final Environmental Impact Report (EIR), with the 17 mitigation measures, 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; that the City Council directs staff to
prepare a resolution preparing Specific Findings with respect to each significant effect
identified within the EIR; and directs staff to prepare an ordinance approving Z 02-01.
Augustine Melia
A continued Public Hearing on a request for annexation of 53 acres ofland located
north of Las Animas Avenue between Monterey Road and Murray Avenue. Augustine
Melia clo Lee Weider, applicant, A 01.01.
Motion was made by Councilman Dillon, seconded by Councilman Valiquette and
carried (Councilman Velasco absent) to direct staff to prepare a resolution approving
A 01-01.
City of Gilroy - Weed Abatement
Public Hearing to consider annual destruction or removal of weeds and/or refuse
constituting a public nuisance in the City of Gilroy.
t
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried (Councilman Velasco absent) to continue the Public Hearing to June 6,2005 at
the request of staff
Gilroy General Plan
A Public Hearing to consider a General Plan Amendment request to modify General
Plan Policy section 6.01 changing the designation of Santa Teresa Boulevard from State
Scenic Highway designation to local designation. City of Gilroy, applicant, GPA 05-01.
The staff report was noted and further explained by Planner II Casper.
The Mayor opened the Public Hearing. There being no comments, the Mayor closed
the Public Hearing.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried (Councilman Velasco absent) to direct staff to prepare a resolution approving
GP A 05-01, with a friendly amendment to make the guidelines match the General Plan.
City of Gilroy - Zoning Ordinance
A Public Hearing to consider a Zoning Ordinance text amendment and Zoning Map
amendment for the Neighborhood District. City of Gilroy, applicant, Z 05-04.
Motion was made by Councilman Correa, seconded by Councilman Morales and
carried (Councilman Velasco absent) to continue the Public Hearing on Z 05-04 to June
6,2005 due to continuance of the Neighborhood District Policy.
Sal Oliveri
A Public Hearing to consider a Zone Change request to change the zoning of 4.85
acres from RI-Cl (Single Family Residential-Neighborhood Commercial) to Cl.
Neighborhood DistrictIPlanned Unit Development, on property located at 9435 Monterey
Road (on the west side of Monterey Road, north of Farrell Avenue, and south of Day
Road). Salvitore Oliveri, applicant, Z 04-12.
Motion was made by Councilman Valiquette, seconded by Councilman Correa and
carried (Councilman Velasco absent) to continue the Public Hearing on Z 04-12 to June
6,2005 due to continuance of the Neighborhood District Policy.
Sal Oliveri
A Public Hearing on a Tentative Map request to subdivide 4.85 acres into 19 lots on
property zoned RI-Cl (Single Family Residential-Neighborhood Commercial), located at
9435 Monterey Road, (on the west side of Monterey Road, north of Farrell Avenue, and
south of Day Road). Salvitore Oliveri (c!o Jeff King), applicant, TM 04-13.
8391
Motion was made by Councilman Correa, seconded by Councilman Morales and
carried (Councilman Velasco absent) to continue the Public Hearing on TM 04-13 to
June 6,2005 due to continuance. of the Neighborhood District Policy.
Gilroy General Plan
A Public Hearing on a General Plan Amendment request to amend the General Plan
on 2.46 acres from ParklRecreation Facility to Low Density Residential located at the
southeast corner of Wren and Vickery Avenues. Gilroy Unified School District (c/o Steve
Brinkman), applicant, GPA 04-02.
Councilman Gartman recused himself from discussion and action on Items V.H. and
V.I. due to his employment with the School District, stepped down from the dais and left
the room.
The staff report was noted and further explained by Planner II Polubinsky for GP A
04-02 and Z 04-08.
The Mayor opened the Public Hearing for GPA 04-02 and Z 04-08. There being no
comments, the Mayor closed the Public Hearing.
Motion was made by Councilman Dillon, seconded by Councilman Correa and
carried (Council members Gartman and Velasco absent) to approve the Mitigated
Negative Declaration, with the attached 11 mitigation 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 Dillon, seconded by Councilman Correa and
carried (Council members Gartman and Velasco absent) to direct staff to prepare a
resolution approving GP A 04-02.
Gilroy Unified School District
A Public Hearing on a Zone Change request to change the zoning of2.46 acres from
PF (ParklPublic Facility) to RI (Single Family Residential), located at the southeast
corner of Wren and Vickery Avenue. Gilroy Unified School District (c/o Steve
Brinkman), applicant, Z 04-08.
Motion was made by Councilman Dillon, seconded by Councilman Valiquette and
carried (Council members Gartman and Velasco absent) to direct staff to prepare an
ordinance approving Z 04-08.
Councilman Gartman returned to his seat at the dais.
Gilroy General Plan
A Public Hearing on a General Plan Amendment request to amend the General Plan
on seven acres from General Services Commercial to Medium Density Residential, on
property located on Monterey Street, south of Tenth Street, immediately south of the
Platinum Theaters. The James Group (c/o James Suner), applicant, GPA 04-03.
The staff report was noted and further explained by Planner II Polubinsky on GP A
04-03 and Z 04-09.
The Mayor opened the Public Hearing on GP A 04-03 and Z 04.09. There being no
comments, the Mayor closed the Public Hearing.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried (Councilman Velasco absent) to approve the Mitigated Negative Declaration,
with the attached 15 mitigation 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 Dillon, seconded by Councilman Morales and
carried (Councilman Velasco absent) to direct staff to prepare a resolution approving
GP A 04-03.
8392
The James Group
A Public Hearing on a Zone Change request to change the zoning of seven acres from
C3 (Shopping Center Commercial) to PO-R3/PUD (Professional Office-Medium Density
Residential-Planned Unit Development) on property located on Monterey Street, south of
Tenth Street, immediately south of the Platinum Theaters. The James Group (c/o James
Suner), applicant, Z 04-09.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried (Councilman Velasco absent) to direct staff to prepare an ordinance approving
Z 04-09.
South County Community Builders
Affordable Housing Exemption request to allocate 101 affordable residential units
from the Residential Development Ordinance, (Affordable Housing Exemption units), for
property located at 111 Lewis Street (Cannery Project). South County Community
Builders (c/o Nancy Wright), applicant, ARE 05-01.
At the request of Councilman Velasco, Item VILA was continued to June 6, 2005.
City Administrator's Report
The City Administrator distributed two memos, the first on the DARE program
explaining that it will no longer be taught at the elementary school level, since it is not a
state certified drug program. The second memo had to do with boom box cars with
correct information supplied by the Police Chief The City Attorney explained that the
fines are set by judicial council.
Council Members Report
Councilman Dillon thanked the Mayor for his support of the Library Measure and the
use of his office for the phone bank.
Councilman Gartman reported on the Memorial Day Parade and Family Fun Day at
Christmas Hill Park. He noted that at the Morgan Hill downtown trade show expo he saw
a demonstration from Synapsys regarding wireless in their downtown. He gave a
presentation on information on a possible wireless area in Gilroy's downtown.
Mayor's Report
The Mayor noted that the Council mini-retreat will be on July 22,2005.
*Meeting will be televised on Channel 17
MAY 2005
16 Study Session - Review of the Fire Department Overtime Issue and Information
Technology Strategic Plan Update - 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 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 (TO BE RESCHEDULED)
JUNE 2005
6 Review and Discussion on the Neighborhood District - 5:00 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 St, Gilroy
(rescheduled to July 22,2005)
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 - (NOTE
CHANGE OF DATE FROM JULY 5, 2005)
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 (09:08 PM)
I~-
8393
Adjourn to close session
The Mayor adjourned the meeting to closed session pursuant to Government Code
Section 54957.
PUBLIC EMPLOYEE APPOINTMENT
Title: Community Services Department Director
Adjourn to open session
The Mayor reported that the City Council gave unanimous consent to the City
Administrator to appoint the Community Services Department Director.
Adjournment
At 9:21 p.m. the Mayor adjourned the meeting to the meeting of June 6,2005.
) u:!r-
/ '
~ ... _// ... .-
_~~!.d..2_(f-L~_____,;;;_(~(j~!..1..'::._______
Is/ RHONDA PELLIN, CMC
City Clerk