Minutes 2005/09/19
8425
Regular Meeting
September 19, 2005
Gilroy, California
The Mayor led the Pledge of Allegiance to the flag.
Pastor Mark Turner, South Valley Community Church, gave the invocation.
. The City Clerk noted that the agenda had been posted on September 14, 2005 at
2:41 p.m.
Roll Call
Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales;
Russ Valiquette; Roland Velasco;Al Pinheiro;.. 7:03 p.m.
Orders of the Day
The Mayor requested that the appointment of Youth Commission members be moved
up in the agenda, and Councilman Dillon asked to be allowed to speak at the beginning of
Item V.D.
Introductions
The following new employee was not present for introduction: Joel Casey,
Community Service Officer, Police Department.
Presentations & Proclamations
The Mayor presented a proclamation to Romaine Veronda, member of the Daughters
of the American Revolution, for Constitution Week - September 17-23, 2005.
The Mayor presented certificates to the following retired Youth Commission
members: Ismael A. Nava (not present), Stephanie Orth (not present), and Spencer Silva.
The Mayor noted a presentation by Suzanne St. John-Crane, CMAP, regarding
upcoming legislation.
The Mayor presented certificates to the 2005 Girls Major All Star Softball Team
consisting of Alissa Castro, Marissa Gamboa, Dani Hemeon, Lindsay Holt, Danielle
Kinoshita, Melanie Morelos, Brenna O'Neill, Adrianna Osuna, Samantha Parraz,
Stephanie Rodriguez, Michelle Sosa, Elaina Vasquez, Manager Dennis Castro, and
Coaches Roy Holt and Jim Hemeon.
Susan Valenta, Gilroy Chamber of Commerce, presented the Youth High Five award
to the Gilroy Youth Commissioners.
The Mayor presented the Volunteer of the Month of August, 2005 award to
Dina Campeau.
Presentations by member of the public for items not on the agenda, but within the subject matter
jurisdiction of the City Council.
There were no comments by the public.
Consent Calendar
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried to approve the Consent Calendar.
Minutes ofthe Regular Council Meeting of August 1,2005 and Special Council
Meetings of August 4,2005, August 11,2005, and September 12, 2005.
. Recommendation to Approve Budget Amendments/Transfers.
Request for approval of lease for City-owned real property by and between the City
of Gilroy and the Salvation Army.
Request for Acceptance of Improvements, Monterey Operational Improvements
Project, Project No. 03-CDD-II7.
8426
A Resolution of the City Council of the City of Gilroy authorizing the submittal of an
application to the Bay Area Air Quality Management District for funds for the purpose of
the Monterey Streetscape Improvements and authorizing the implementation of same if
the application is approved by the Bay Area Air Quality Management District Board of
Directors.
RESOLUTION NO. 2005-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE BAY AREA
AIR QUALITY MANAGEMENT DISTRICT FOR FUNDS FOR THE PURPOSE OF
THE MONTEREY STREETSCAPE IMPROVEMENTS AND AUTHORIZING THE
IMPLEMENTATION OF SAME IF THE APPLICATION IS APPROVED BY THE
BAY AREA AIR QUALITY MANAGEMENT DISTRICT BOARD OF DIRECTORS.
PASSED AND ADOPTED this 19th day of September, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Recommendation to join the South County Joint Habitat Conservation Plan (HCP)
process and adopt the required agreements.
Denied claims of Den a Crider, Jeanmarie Derry, Rodolfo & Rosalinda Moreno,
Lawrence Nardinocchi.
A Resolution of the City Council of the City of Gilroy approving a one-year
extension for TM 01-06, a Tentative Map to subdivide an approximately 10.6 acre site
into 11 hillside residential lots located on the west side of Rancho Hills Drive at the
terminus of Valley Oaks Court, APN 783-21-061, Glen Loma Group, applicant.
RESOLUTION NO. 2005-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A ONE-YEAR EXTENSION FOR TMOI-06, A TENTATIVE MAP TO
SUBDIVIDE AN APPROXIMATELY 10.6 ACRE SITE INTO 11 HILLSIDE
RESIDENTIAL LOTS LOCATED ON THE WEST SIDE OF RANCHO HILLS DRIVE
AT THE TERMINUS OF VALLEY OAKS COURT, APN 783-21-061, GLEN LOMA
GROUP, APPLICANT.
PASSED AND ADOPTED this 19th day of September, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Property Improvement Agreement No.: 2005-18, Tract 9593, Carriage Hills III Phase
B, Santa Clara County New Communities, APN: 783-52-011.
Bids and Proposals
Recommendation to award bid for two (2) Chevrolet Tahoe 2WD Police Vehicles,
06-ASD-117, to Century Chevrolet for $59,150.00 for 2 vehicles ($29,575.00 each).
The City Administrator presented a recommendation to award the bid for two (2)
Chevrolet Tahoe 2WD Police Vehicles, 06-ASD-117, to Century Chevrolet for
$59,150.00 for 2 vehicles ($29,575.00 each). He explained why there were no local
preference bids received on these three bids.
Motion was made by Councilman Velasco, seconded by Councilman Morales and
carried award the bid for two (2) Chevrolet Tahoe 2WD Police Vehicles, 06-ASD-117, to
Century Chevrolet for $59,150.00 for 2 vehicles ($29,575.00 each).
Recommendation to award bid for six (6) Ford Police Interceptor Vehicles, 06-ASD-
118, to The Ford Store Morgan Hill for $136,604.80 for 6 vehicles ($22,767.47 each)
8427
The City Administrator presented a recommendation to award the bid for six (6) Ford
Police Interceptor Vehicles, 06-ASD-II8, to The Ford Store Morgan Hill for
$136,604.80 for 6 vehicles ($22,767.47 each).
Motion was made by Councilman Velasco, seconded by Councilman Morales and
carried to award the bid for six (6) Ford Police Interceptor Vehicles, 06-ASD-I18, to The
Ford Store Morgan Hill for $136,604.80 for 6 vehicles ($22,767.47 each).
Recommendation to award bid for three (3) Toyota Prius Hybrid Vehicles, 06-ASD-
120, to Santa Cruz Toyota (Capitola) for $72,191.40 for 3 vehicles ($24,063.80 each).
The City Administrator presented a recommendation to award the bid for three (3)
Toyota Prius Hybrid Vehicles, 06-ASD-I20, to Santa Cruz Toyota (Capitola) for
$72,191.40 for 3 vehicles ($24,063.80 each).
Motion was made by Councilman Velasco, seconded by Councilman Morales and
carried to award the bid for three (3) Toyota Prius Hybrid Vehicles, 06-AsD-120, to
Santa Cruz Toyota (Capitola) for $72,191.40 for 3 vehicles ($24,063.80 each).
City of Gilroy - Zoning Ordinance
A continued Public Hearing on a Zoning Ordinance text change, amendments to
accommodate changes to the City's right-of-way standards, sections 11.23, 19.23 and
23.23. City of Gilroy, applicant, Z 05-06.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried to continue Z 05-06 to November 21, 2005 at the request of staff.
Garlic Festival Association
Public Hearing to consider selling City of Gilroy property located at ,7600 and 7610
Monterey Street.
The staff report was noted and further explained by Community Development
Director Rooney.
The Mayor opened the Public Hearing.
Jeff Martin, on behalf of the Garlic Festival, noted that lighting may be improved
during the construction. He stated that their internal committees have encouraged the
Garlic Festival to continue with this project.
Naomi Murphy asked if the City is going to pay the downtown merchants back for
the parking lot that they just made their last payment on. She stated that this is bad at this
time.
Brooke Murphy stated that she has worked at the Harvest Time Restaurant for the last
few years. She stated that during the streetscape construction, the restaurant lost a lot of
money. She stated that it is not a good time to take away the parking lot.
Dave Peoples stated that 7610 Monterey Street is the stone shop. He stated that the
downtown is very dependent on that parking lot. He asked that the new parking area is
available before the new streetscape is started. He also asked that the Eigleberry Street
parking lot be upgraded as soon as possible. He asked where we want a multi-level
parking structure to be located.
Gary Walton stated that the City needs a parking management study. He stated that
the City also needs to do an economic market study to see what would be best to locate in
the downtown. He stated that the lighting is important to upgrade downtown. He asked
that the Garlic Festival continue to work with the downtown merchants.
Steve Ashford noted the land that was purchased 30 y~s ago by the do~town land
owners, because parking was needed in this area. He stated that using thai parking lot for
special events benefits all the downtown merchants rather than closing the street.
8428
Ricardo Espinosa stated that he is torn with this decision. He stated that he has a lot
to lose by losing the parking area. He stated that he also needs to look to the future at
what will occur. He stated that it is dark on the street in front of his business. He stated
that he will lose business if the Council doesn't make something happen with lighted
parking lots.
The Mayor closed the Public Hearing.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried to adopt Resolution 2005-63 approving the sale of 7600 and 7610 Monterey
Street, and that the City will work to mitigate the Eigleberry Street parking loss as
quickly as possible and work on implementation of a parking management plan.
RESOLUTION NO. 2005-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING FOR SALE THE REAL PROPERTY OWNED BY THE CITY OF
GILROY, LOCATED AT 7600 AND 7610 MONTEREY STREET, GILROY,
CALIFORNIA.
PASSED AND ADOPTED this 19th day of September, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS:NONE
At 8:47 p.m. the Mayor called for a recess, after which he recalled the meeting to
order.
Glen Loma Group
Public Hearing on a Zone Change request to change the zoning of 1.02 acres from Rl
(Single Family Residential) to RI-PUD (Single Family Residential-Planned Unit
Development) on property located at 1645 Anson Court. Glen Loma Group (c/o Tim
Filice), applicant, Z 04-15.
Public Hearing on a Tentative Map request to sub-divide 1.02 acres into six single
family residential lots, located at 1645 Anson Court on property zoned Rl (Single Family
Residential). Glen Loma Group (c/o Tim Filice), applicant, TM 04-18.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried to continue the Public Hearings on Z 04-15 and TM 04-18 to October 17, 2005,
due to continuance at the Planning Commission.
Neil Mussallem
Public Hearing on a Tentative Map request to sub-divide 2 acres into six single-
family residential lots, located at 7861 and 7891 Miller Avenue, on property zoned
RIIPUD (Single Family ResidentialIPlanned Unit Development). Niles Development
(c/o Neil Mussallem), applicant, TM 05-09.
Architectural and Site review to allow the construction of six single-family residential
homes located at 7861 & 7891 Miller Avenue (between 1st & 2nd Streets) on property
zoned Rl.PUD (Single Family ResidentiallPlanned Unit Development). Niles
Development (c/o Neil Mussallem), applicant, NS-PUD 05-40.
The staff report for TM 05-09 and NS-PUD 05-40 was noted and further explained
by Planner II Polubinsky.
The Mayor opened the Public Hearing for TM 05~9.
Bart Hechtman, on behalf of the applicant, stated that the City Council approved the
rezoning of this property in May, 2005, which allowed for further applications to be
applied for to develop this property. He stated that they had meetings with the neighbors
to find a win-win solution. He noted that they incorporated the Council
recommendations in these plans. He asked for approval of these applications.
8429
Sadie Frassetti stated that she built the first house on Miller Avenue in 1952. She
commented that the Madonna Apartments have trouble parking their cars at their
development. She noted concerns with the traffic if there is an accident or fire.
Bonnie Reed stated that Miller Avenue has remained a gracious, beautiful, tree-lined
street that is so reminiscent of a small town charm that Gilroy once was. She asked that
the Council leave Miller Avenue alone.
Brooke Murphy stated she is opposed to this spot zoning. She stated that this project
does not belong here.
Naomi Murphy asked that Councilman Velasco not vote on this project, since he
works for Don Gage, and the Mussallems received the property through the County
bidding system.
Linda Callon stated that the recusal process is in effect if a Council member has a
financial interest in the property, which is not the case here.
Robb Alonzo requested the Council look at what they would be doing to Miller
Avenue. He stated that this project does not belong on this street. He stated that the
Council would be destroying this area. He stated that he submitted a petition to the City
Clerk to prevent this type of development.
Louis Barone stated that he bought a house on Miller Avenue because it is tree lined
and pristine. He stated that he is opposed to this.
Sadie Frassetti asked whether a traffic counter has been placed on Miller Avenue.
She stated that the residents on Miller Avenue park on the street, because it is too hard to
back out of the driveway.
Brooke Murphy stated that the former City Administrator signed the petition. She
asked that this be placed on the ballot.
Luis Carrillo stated that he lives near Miller Avenue because it has historical
distinction. He stated that his lot is large, and he would have the same opportunity to
build on his lot. He stated that he is opposed to this project.
Bart Hechtman stated that the City has a process to be followed. He heard the
neighbors' dissatisfaction on this project, but was listening to the speakers and trying to
hear what they have a problem with specifically regarding the siting and layout of the
homes. He stated that they have followed all the rules in the development of this lot.
The Mayor closed the Public Hearing.
Motion was made by Councilman Dillon, seconded by Councilman Valiquette and
did not carry (Councilman Correa, Morales, Velasco, and Pinheiro voting no) to deny
TM 05-09.
Motion was made by Councilman Correa, seconded by Councilman Velasco and
carried (Councilmembers Dillon, Gartman, and Valiquette voting no) to direct staff to
prepare. a resolution approving TM 05-09.
Motion was made by Councilman Correa, seconded by Councilman Velasco and
carried (Council members Dillon, Gartman, and Valiquette voting no) to direct. staff to
prepare a resolution approving A/S-PUD 05-40.
Benassi Oaks
Public Hearing on a Residential Development Ordinance amendment to reduce the
number of allocated units from 80 apartment units to 40 patio homes, located at Cypress
Court (Benassi Oaks), on property zoned R3 (Medium Density Residential). Orchard
Valley Communities (c/o Cliff Johnson), applic~t, RD 01-07.
Public Hearing on a Tentative Map request to sub-divide 4.9 acres into 40 single
family residential lots, located at Cypress Court (Benassi Oaks), on property zoned R3
(Medium Density Residential). Orchard Valley Communities (c/o Cliff Johnson),
applicant, TM 05-07 A.
8430
Architectural and Site review to allow the construction of 40 single family patio
homes located at Cypress Court (Benassi Oaks), on property zoned R3 (Medium Density
Residential). Orchard Valley Communities (c/o Cliff Johnson), applicant, NS-PUD
05-15.
The staff report for RD 01-07, TM 05-07A, and NS-PUD 05-15 was noted and
further explained by Planner II Casper.
The Mayor opened the Public Hearing for RD 01-07 and TM 05-07A.
John Kent noted that they changed the makeup of the development from apartments
to patio homes after discussions with the neighborhood residents.
The Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Dillon and
carried to direct staff to prepare a resolution approving RD 01-07.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to direct staff to prepare a resolution approving TM 05-07 A.
Motion was made by Councilman Velasco, seconded by Councilman Dillon and
carried to direct staff to prepare a resolution approving NS-PUD 05-15, with the
elimination of condition # 1.
The James Group
Public Hearing on a Zone Change request to change thezoniDg of2 acres from Al
(Agriculture) to RI-PUD (Single Family ResidentiallPlanned Unit Development) located
at the northwest corner of Santa Teresa Boulevard and Thomas Road. The James Group
(c/o James Suner), applicant, Z 05-03.
Public Hearing on a Tentative Map request to sub-divide 2 acres into 8 single family
residential lots, located at the northwest corner of Santa Teresa Boulevard and Thomas
Road, on property zoned Al (Agriculture). The James Group (c!o James Suner),
applicant, TM 05-0m.
Architectural and Site review to allow the construction of8 single family residential
homes located at the northwest corner of Santa Teresa Boulevard and Thomas Road, on
property zoned Al (Agriculture). The James Group (c/o James Suner), applicant, NS-
PUD 05-16.
The staff report for Z 05-03, TM 05-07B, and NS-PUD 05-16 was noted and further
explained by Planner II Durkin.
The Mayor opened the Public Hearing for Z 05-03 and TM 05-0m. There being no
comments from the public, the Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to direct staff to prepare an ordinance approving Z 05-03.
Motion was made by Councilman Velasco, seconded by Councilman Dillon and
carried to direct staff to prepare a resolution approving TM 05-07B.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to direct staff to prepare a resolution approving NS-PUD 05-16.
Glen Lorna Group
Public Hearing on a Tentative Map request to sub-divide an existing industrial
building into 9 industrial condominiums, located on Arroyo Circle in the South Point
Business Park (just east of Kaiser Medical), on property zoned M2 (General Industrial).
Glen Lorna Group (c/o Craig Filice), applicant, TM 05-08.
The staff report was noted and further explained by Planner II Durkin.
The Mayor opened the Public Hearing.
8431
John Donahoe stated he was present to answer any questions.
The Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to direct staff to prepare a resolution approving TM 05-08.
Mark Hewell
Public Hearing on a Tentative Map request to convert 12 residential dwelling units
and 6 commercial units into condominiums in a mixed use building in the Downtown
District, located at 7598 Monterey Street (corner of Lewis and Monterey Street), on
property zoned C2/HN (Central District CommerciallHistoric Neighborhood). Mark
Hewell, applicant, TM 05-10.
The staff report was noted and further explained by Planner II Polubinsky.
The Mayor opened the Public Hearing. There being no comments from the public,
the Mayor closed the Public Hearing.
Motion was made by Councilman Dillon, seconded by Councilman Valiquette and
carried to direct staff to prepare a resolution approving TM 05-10.
CommissionsIBoards
Appointment of Youth Commission members.
Motion was made by Councilman Morales, seconded by Councilman Valiquette and
. carried to appoint the following members to the Youth Commission: Heather Bolin,
David Bress, Alexis Dalke, Anthony Dragotto, Bobby Kovacs, Cindy V ong, with David
Bress to receive the term ending August 31, 2006.
Building Code
An Ordinance of the City Council of the City of Gilroy adopting the 2005 California
Energy Code and updating Section 6.1 of Chapter 6 of the Gilroy City Code to reflect
adoption of the California Construction Codes and certain uniform construction codes.
The staff report was noted and further explained by the City Administrator.
Motion was made by Councilman Correa, seconded by Councilman Dillon 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 Dillon, seconded by Councilman Valiquette and
carried to introduce an ordinance of the City Council of the City of Gilroy adopting the
2005 California Energy Code and updating Section 6.1 of Chapter 6 of the Gilroy City
Code.
The James Group
Small Project Exemption to allot 12 single-family residential units, located at 9025
Kern Avenue, on property zoned RI (Single Family Residential). The Jame& Group (c/o
James Suner), applicant, SPE 05-01.
The staff report was noted and further explained by Planner II Durkin.
Motion was made by Councilman Valiquette, seconded by Councilman Correa and
carried to direct staff to prepare a resolution approving SPE 05-01.
City Administrator's Report
Approve formation and membership of Task Force and Technical Advisory
Committee for Las Animas Veterans Park Master Plan Update Project, and direct staff to
solicit members.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried to approve formation and membership of Task Force and Technical Advisory
Committee for Las Animas Veterans Park Master Plan Update Project, and direct staff to
solicit members.
8432
The City Administrator asked the Council members where they would prefer the
retreat for October 14,2005 and they responded that they would like it in the Council
Chambers.
Council Members Report
Councilman Morales stated that he represented the City on the Perchlorate Task Force
and will keep the Council informed.
Mayor's Report
City Commission and Board Appointments Effective January 1,2006 to Expire
December 31,2009. (Annual Appointments December 19, 2005.)
Motion was made by Councilman Valiquette, seconded by Councilman Gartman and
carried to set the deadline to receive applications for December 5, 2005.
Motion was made by Councilman Valiquette, seconded by Councilman Gartman and
carried to set the date for candidate interviews for December 12, 2005.
The Mayor stated that he and City staff met with LAFCO staff today. He stated that
LAFCO staffwill meet with the LAFCO Board to see if there can be a joint study session
set between the two bodies.
*Meeting will be televised on Channel 17
SEPTEMBER 2005
19 Youth Commission Interviews - 6:00 p.m., Gilroy City Council Chambers
19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
26 Study Session - Projects Update and Tour New Police Station - 6:00 p.m., Gilroy
City Council Chambers
27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
OCTOBER 2005
3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 Joint City Council/Planning Commission Study Session - Downtown Specific Plan -
6:00 p.m., Gilroy City Council Chambers
14 City Council Mini-Retreat - 8:00 a.m., Gilroy City Council Chambers
11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
17*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
24 Joint City CouncillPlanning Commission Study Session-Cannery Project Master Plan
- 6:00 p.m., Gilroy City Council Chambers
25 SCRWAMeeting - 7:30 a.m., 1500 Southside Drive, Gilroy
NOVEMBER 2005
7*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
8 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
18 Joint City CouncillPolice Department/Fire Department Mini-Retreat - 8:00 a.m.,
location to be determined
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
Adjournment
At 10:58 p.m. the Mayor adjourned the meeting to the meeting<?fOctober 3,2005.
~?illLdj~~~:~________
/s/ RHONDA PELLIN, CMC
City Clerk