Loading...
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