Minutes 2005/06/06
L
The Mayor presented the Volunteer of the Month of March, 2005 award to
Norma Cardoza.
The Mayor noted a proclamation for Festa Della Repubblica Italiana Day - June 9,
2005, which was previously mailed to the recipient.
The Mayor noted a Certificate of Recognition for Darrell Kelly, retired member of the
Historic Heritage Committee, which was previously mailed to the recipient.
Presentations & Proclamations
The Mayor presented the Employee Award for the Month of May, 2005 to Rachael
Hinojosa, Recreation Coordinator, Community Services Department.
The following new employee was introduced: Andrew John Viale, Jr., Police Officer,
Police Department.
Introductions
The following promoted employees were introduced: Shaun Peyghambary, Fire
Engineer/Paramedic, Fire Department and Rene Arbizu, Police Officer, Police
Department.
Orders of the Day
The Mayor announced that the Council had adjourned from a Closed Session
regarding Conference with Real Property Negotiators, pursuant to Government Code
Section 54956.8 and that no action had been taken.
Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales; Russ
Valiquette; Roland Velasco; Al Pinheiro.
Roll Call
The City Clerk noted that the agenda had been posted on June 1,2005 at 10:25 a.m.
There was no invocation given.
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
June 06, 2005
Gilroy, California
8393
8394
Presentations by members of the public for items not on the agenda, but within the subject matter
jurisdiction of the City Council.
Mr. Brown noted a contplaint that some City ordinances have not been looked at. He
stated that if citizens have complaints, they should file a complaint with the City, and if
that does not work, then they should file a complaint against the City Attorney with the
Bar Association.
Consent Calendar
Motion was made by Councilman Velasco, seconded by Councilman Dillon and
carried to approve the Consent Calendar, pulling Item IILH. for a separate vote.
Minutes of the Regular Council Meeting of May 16,2005.
Recommendation to Approve Budget Amendments/Transfers.
A Resolution ordering the vacation of 312 square feet of a public street known as
Mesa Road, adjacent to Parcel 3 remainder, in Book 741, Page 14, Records of Santa
Clara County California.
RESOLUTION NO. 2005-32
A RESOLUTION ORDERING THE VACATION OF 312 SQUARE FEET OF A
PUBLIC STREET KNOWN AS MESA ROAD, ADJACENT TO PARCEL 3
REMAINDER, IN BOOK 741, PAGE 14, RECORDS OF SANTA CLARA COUNTY
CALIFORNIA.
PASSED AND ADOPTED this 6th day of June, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Recommendation to establish a Housing Advisory Committee and direct staff to
solicit members.
Request to move the July 4,2005 City Council meeting to July 11,2005, if needed.
Request to change the meeting start time of August IJ 2005 to 5:00 p.m.
Approval of agreement for the purchase of property from David and Sherry Mirelez
for the Civic Center Parking.
Request for Acceptance ofImprovements, Property Improvement Agreement No.
2004-17, 7995 Princevalle Street, Princevalle Plaza, Water Line, GF Construction.
Property Improvement Agreement No. 2005-11, Tract 9649, Mesa Road Subdivision,
Richard Robinson, APN: 810-62-012.
Approval of the Second Amendment to the Agency Agreement for Countywide
Household Hazardous Waste Collection Program.
Councilman Valiquette recused himself from discussion and vote on Item III.H., due
to his employment with Bonfante Gardens, stepped down from the dais and left the room.
Bonfante Gardens
Amendment to Senior Lien Loan Agreement dated December 1, 2000 between
Bonfante Gardens, Inc. and the City of Gilroy, and Supplemental Trust Indenture
Agreement between the City of Gilroy and Sun Trust Bank as Trustee to that certain Trust
Indenture dated December 1, 2000 between the City and The Bank of New York Trust
Company, N.A., formerly known as BNY Western Trust Company as Trustee.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried (Councilman Valiquette absent) to approve the agreement between the City of
Gilroy and SunTrust Bank as Trustee to that certain Trust Indenture dated December 1,
2000 between the City and The Bank of New York Trust Company, N.A., formerly
known as BNY Western Trust Company as Trustee.
8395
Councilman Valiquette returned to his seat at the dais.
City of Gilroy - Weed Abatement
A continued Public Hearing to consider annual destruction or removal of weeds
and/or refuse constituting a public nuisance in the City of Gilroy. (Continued from the
meeting of May 16,2005.)
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing. There being no comment, the Mayor closed
the Public Hearing.
Motion was made by Councilman Dillon, seconded by Councilman Valiquette and
carried to adopt Resolution No. 2005-33 instructing the Fire Chief to abate the nuisance
arising out of weeds growing upon lots or in front of properties in the City.
RESOLUTION NO. 2005-33
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INSTRUCTING THE FIRE CHIEF TO ABATE THE NUISANCE ARISING OUT OF
WEEDS GROWING AND REFUSE ACCUMULATING UPON LOTS IN THE CITY
OF GILROY, PURSUANT TO SECTION 12.51 OF THE GILROY CITY CODE.
PASSED AND ADOPTED this 6th day of June, 2{)05, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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. (Continued from the meetings of April 18, 2005 and May 2,
2005. )
The staff report was noted and further explained by the City Administrator and
Planner II Durkin.
The Mayor opened the Public Hearing. There being no comment, the Mayor closed
the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Valiquette and
carried to direct staff to prepare a resolution modifying M 03-01.
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried to direct staff to prepare a General Plan Amendment removing specified areas
from the Neighborhood designation.
City of Gilroy - Zoning Ordinance
A continued Public Hearing to consider a Zoning Ordinance text amendment and
Zoning Map amendment for the Neighborhood District. City of Gilroy, applicant, Z 05-
04. (Continued from the meeting of May 16,2005.)
The staff report was presented at previous meetings and study sessions and no
ad~itional information was prepared.
The Mayor opened the Public Hearing. There being no comment, the Mayor closed
the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried to direct staff to prepare an ordinance approving Z 05-04.
8396
Sal Oliveri
A continued 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 04-12A. (Continued from the meeting of May 16,
2005. )
The staff report was noted and further explained by Planner II Durkin for Z 04-12A,
TM 04-13, and A/S 04-43.
The Mayor opened by Public Hearing for Z 04-12A and TM 04-13.
Jeff King, representing the applicant, stated that Ms. Durkin did an outstanding job
with the project review. He stated that he was present to answer any questions.
The Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried to approve the Mitigated Negative Declaration, with the attached 27 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 Morales, seconded by Councilman Dillon and
carried to direct staff to prepare an ordinance approving Z 04-12A.
Sal Oliveri
A continued 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.
(Continued from the meeting of May 16, 2005.)
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried to direct staff to prepare a resolution approving TM 04-13.
The Mayor deviated from the regular order of the agenda to accommodate interested
persons in the audience.
Sal Oliveri
Architectural & Site request to allow the construction of a 36-unit senior citizen
housing development and an 18,000 square foot commercial building located at 9435
Monterey Road, (west side of Monterey Road, north of Farrell and south of Day Road).
Salvitore Oliveri (c/o Jeff King), applicant, A/S 04-43.
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried to direct staff to prepare a resolution modifying A/S 04-43, to include a condition
that the covered parking be assigned to the individual units.
The Mayor returned to the regular order of the agenda.
South Valley Disposal and Recycling
Public Hearing to consider revision and adjustments of charges for the collection of
garbage, rubbish and refuse in the City of Gilroy.
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing. There being no comment, the Mayor closed
the Public Hearing.
Motion was made by Councilman Dillon, seconded by Councilman Valiquette and
carried to adopt Resolution No. 2005-34 setting maximum charges for the collection of
garbage, rubbish, refuse and recyclable materials.
8397
RESOLUTION NO. 2005-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SETTING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE,
RUBBISH, REFUSE AND RECYCLABLE MATERIALS.
PASSED AND ADOPTED this 6th day of June, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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. (Continued from the meeting of
May 16,2005.)
The Mayor recused himself from discussion and vote on Item VI.A., due to financial
interests, stepped down from the dais and left the room.
The staff report was noted and further explained by Planner II Polubinski.
Dennis Lalor stated that they are very excited about this project. He stated that staff
did a good job with the presentation and that he was present to answer any questions.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried (Mayor Pinheiro absent) to direct staff to prepare a resolution approving
ARE 05-1.
The Mayor returned to his seat at the dais.
Gilroy General Plan
A Resolution of the City Council of the City of Gilroy approving GPA 05-01, an
amendment to Section 6 of the Community Design and Development Element of the
General Plan, and to establish the Scenic Corridor Guidelines pertaining to locally
designated scenic roadways, City of Gilroy, applicant.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried to adopt Resolution No. 2005-35 approvingGPA 05-01, an amendment to Section
6 of the Community Design and Development Element of the General Plan, and to
establish the Scenic Corridor Guidelines pertaining to locally designated scenic
roadways, City of Gilroy, applicant.
RESOLUTION NO. 2005-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING GP A 05-01, AN AMENDMENT TO SECTION 6 OF THE
COMMUNITY DESIGN AND DEVELOPMENT ELEMENT OF THE GENERAL
PLAN, AND TO ESTABLISH THE SCENIC CORRIDOR GUIDELINES
PERTAINING TO LOCALLY DESIGNATED SCENIC ROADWAYS.
PASSED AND ADOPTED this 6th day of June, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS:NONE
ABSENT: COUNCILMEMBERS: NONE
Councilman Gartman recused himself from discussion and vote on Items VI.C. and
VI.D. due to his employment with the Gilroy Unified School District, stepped down from
the dais and left the room.
8398
Gilroy General Plan
A Resolution of the City Council of the City of Gilroy approving GP A 04-02, an
amendment to the General Plan to change the land use designation from Medium Density
Residential to Low Density Residential on approximately 2.46 acres, located at Wren
Avenue, northeast corner of Wren and Vickery Avenues, APN 790-08-015, Gilroy
Unified School District, applicant.
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried (Councilman Gartman absent) to adopt Resolution No. 2005-36 approving GPA
04-02, an amendment to the General Plan to change the land use designation from
Medium Density Residential to Low Density Residential on approximately 2.46 acres,
located at Wren Avenue, northeast corner of Wren and Vickery Avenues, APN 790-08-
015, Gilroy Unified School District, applicant.
RESOLUTION NO. 2005-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING GP A 04-02, AN AMENDMENT TO THE GENERAL PLAN TO
CHANGE THE LAND USE DESIGNATION FROM MEDIUM DENSITY
RESIDENTIAL TO LOW DENSITY RESIDENTIAL ON APPROXIMATELY 2.46
ACRES, LOCATED AT WREN AVENUE, NORTHEAST CORNER OF WREN AND
VICKERY AVENUES, APN 790-08-015.
PASSED AND ADOPTED this 6th day of June, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE,
VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS:NONE
ABSENT: COUNCILMEMBERS: GARTMAN
Gilroy Unified School District
An Ordinance of the City Council of the City of Gilroy approving an application for a
change in zoning designation from PF (park/Public Facility) to Rl (Single Family
Residential) on approximately 2.46 acres located at Wren Avenue, northeast corner of
Wren and Vickery Avenues, APN 790-08-015, Gilroy Unified School District, applicant,
Z 04-08.
Motion was made by Councilman Dillon, seconded by Council Morales and carried
(Councilman Gartman 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 Morales, seconded by Councilman Dillon and
carried (Councilman Gartman absent) to introduce an Ordinance of the City Council of
the City of Gilroy approving Z 04-08.
Councilman Gartman returned to his seat at the dais.
Gilroy General Plan
A Resolution of the City Council of the City of Gilroy approving GPA 04-03, an
amendment to the General Plan to change the land use designation from General Services
Commercial to Professional Office/Medium Density Residential on approximately 7. 1
acres located at Monterey Street, APNs 799-33-045 and -047, James Group clo James
Suner, applicant.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried to adopt Resolution No 2005-37 approving GPA 04-03, an amendment to the
General Plan to change the land use designation from General Services Commercial to
Professional Office/Medium Density Residential on approximately 7.1 acres located at
Monterey Street, APNs 799-33-045 and -047, James Group clo James Suner, applicant.
RESOLUTION NO. 2005-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING GP A 04-03, AN AMENDMENT TO THE GENERAL PLAN TO
CHANGE THE LAND USE DESIGNATION FROM GENERAL SERVICES
COMMERCIAL TO PROFESSIONAL OFFICE/MEDIUM DENSITY RESIDENTIAL
8399
ON APPROXIMATELY 7.1 ACRES LOCATED AT MONTEREY STREET, APNS
799-33-045 AND -047, JAMES GROUP CIO JAMES SUNER, APPLICANT.
PASSED AND ADOPTED this 6th day of June, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
The James Group
An Ordinance of the City Council of the City of Gilroy approving an application for a
change in zoning designation from C3 (Shopping Center Commercial) to PO/R3 PUD
(Professional Office/Medium Density Residential - Planned Unit Development) on
approximately 7.1 acres located at Monterey Street, immediately south of the Platinum
Theatres, APN 799-33-045, and -047, James Group clo James Suner, Z 04-09.
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 Morales, seconded by Councilman Dillon and
carried to introduce an Ordinance of the City Council of the City of Gilroy approving
Z 04-09.
Community Advisory Board for Wal-Mart
Request to appoint two City Council representatives and three community
representatives to a Community Advisory Board for Wal-Mart.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried to appoint Mayor Pinheiro and Councilman Gartman as the City Council
representatives on the Community Advisory Board for Wal-Mart, and to direct staff to
solicit applications from the community to be on the Community Advisory Board for
Wal-Mart.
Building Codes
Ordinance adopting the 2004 California Electrical Code.
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 Morales, seconded by Councilman Gartman and
carried to introduce an Ordinance of the City Council of the City of Gilroy adopting the
2004 California Electrical Code.
City Administrator's Report
The City Administrator asked Council members to let staff know if they are planning
to attend the League of California Cities Conference in San Francisco in October so that
reservations can be made at the Handlery Hotel.
Council Members Report
Councilman Gartman thanked City staff and the Police and Fire Department
personnel who helped work with VT A and Caltrans to finalize preparations for the
Memorial Day parade. He stated that it was a wonderful day and event.
Councilman Morales congratulated the Memorial Day committee and the community
for their response. He also thanked Cal Star for their participation.
Councilman Dillon seconded the praise of Councilman Gartman. He also thanked
staff for their assistance.
T 8400
Mayor's Report
The Mayor announced that the City of Gilroy would be hosting a Candidate
Orientation meeting for prospective Council candidates tomorrow at 7:00 p.m. in the City
Council Chambers, and distributed an agenda. - He explained that this would be an
overview of running for office. He thanked the City Administrator and City Clerk for
coordinating this meeting.
*Meeting will be televised on Channel 17
JUNE 2005
6 Review and Discussion on the Neighborhood District - 5:00 p.m., Gilroy City Council
Chambers
6 Closed Session - Conference with Real Property Negotiators - 6:45 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 - (RESCHEDULED TO JULY 22, 2005)
13 Closed Session - Conference with Labor Negotiator - 6:00 p.m., Gilroy City Council
Chambers
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
5 Regular City Council Meeting - (HAS BEEN MOVED TO JULY 11, 2005)
11 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers - (NOTE
CHANGE OF DATE FROM JULYS, 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
22 City Council Mini-Retreat - 8:30 a.m., Gilroy City Council Chambers
25*Joint City Council/Planning Commission Study Session - Glen Lorna Specific Plan-
6:00 p.m., Gilroy City Council Chambers
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
AUGUST 2005
1 *Regular City Council Meeting - 5:00 p.m., Gilroy City Council Chambers (NOTE
START TIME CHANGE)
9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
15*Regular City Council Meeting - (CANCELLED)
23 SCR W A Meeting - 7: 3 0 a. m., 1500 Southside Drive, Gilroy
Adjournment
At 8: 17 p.m. the Mayor adjourned the meeting to the meeting of June 13, 2005.
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Is/ RHONDA PELLIN, CMC
City Clerk