Minutes 2005/10/17
8437
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Presentations & Proclamations
The Mayor presented a proclamation for Crime Prevention Month - October, 2005 to
Chief Giusiana.
Introductions
The following new employee was introduced: Daniel Farnsworth, Fire/EMS Analyst,
Fire Department.
Orders of the Day
The Mayor stated that Consent Calendar Item III.F. would be removed and
reagendized.
Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales; Russ
Valiquette; Roland Velasco; AI Pinheiro - 7:00 p.m.
Roll Call
The City Clerk noted that the agenda had been posted on October 12, 2005 at
2: 12 p.m.
Ruth Breton, member of the Baha'i Community of Gilroy, gave the invocation.
The Mayor led the Pledge of Allegiance to the flag.
Kegular Meetmg
October 17, 2005
Gilroy, California
8438
The Mayor presented the Volunteers of the Month of September, 2005 award to Steve
& Linda Ashford.
The Mayor presented the Volunteers of the Month of October, 2005 award to the
Neighborhood Leaders.
The Mayor noted a presentation by Karen Humber regarding the Jeramy Ailes
Scholarship Fund.
Te Mayor presented the Employee Award for the Month of August, 2005 to Judi
Brem, Part-Time Public Information Technician and Part-Time Office Assistant,
Community Services Department.
Presentations by members of the public for items not on the agenda, but within the subject matter
jurisdiction of the City Council.
Mary Yates stated that charity begins at home. She questioned how the City can send
$24,000 to the Red Cross, when there are many other issues in Gilroy that this money
should be spent on.
Felicia Rosas requested speed limit signs be installed on Alexander Street between
Old Gilroy Street and Tenth Street.
Consent Calendar
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to approve the Consent Calendar, removing Item UI.A Minutes of the Regular
Council Meeting of October 3,2005 (to be voted on separately) and Item III.F. Approval
of the Purchase Agreement for the Dong property for the Cultural Art Center (to be
reagendized) .
Recommendation to Approve Budget Amendments/Transfers.
An Ordinance of the City Council of the City of Gilroy approving an application for a
change in zoning designation from Al (Agricultural) to RI-PUD (Single Family
Residential - Planned Unit Development) on an approximately two (2) acre site located at
the terminus of Foxglove Court, at the northwest corner of Santa Teresa Boulevard and
Thomas Road, APN 808-20-003, The James Group, applicant, Z 05-03.
ORDINANCE NO. 2005-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION
FROM Al (AGRICULTURAL) TO RI-PUD (SINGLE FAMILY RESIDENTIAL-
PLANNED UNIT DEVELOPMENT) ON AN APPROXIMATELY TWO (2) ACRE
SITE LOCATED AT THE TERMINUS OF FOXGLOVE COURT, AT THE
NORTHWEST CORNER OF SANTA TERESA BOULEV ARD AND THOMAS
ROAD, APN 808-20-003, THE JAMES GROUP, APPLICANT, Z 05-03.
PASSED AND ADOPTED this 17th day of October, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A Resolution of the City Council of the City of Gilroy approving TM 05-07B, a
Tentative Map to subdivide an approximately 2 acre parcel into eight residential lots, a
private park site, and a private street at the terminus of Foxglove Court, at the northwest
corner of Santa Teresa Boulevard and Thomas Road, APN 808-20-003, The James Group
c/o James Suner, applicant.
RESOLUTION NO. 2005-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 05-07B, A TENT A TIVE MAP TO SUBDIVIDE AN
APPROXIMATEL Y 2 ACRE PARCEL INTO EIGHT RESIDENTIAL LOTS, A
PRIVATE PARK SITE, AND A PRIVATE STREET AT THE TERMINUS OF
FOXGLOVE COURT, AT THE NORTHWEST CORNER OF SANTA TERESA
8439
BOULEV ARD AND THOMAS ROAD, APN 808-20-003, THE JAMES GROUP C/O
JAMES SUNER, APPLICANT.
PASSED AND ADOPTED THIS 17TH DAY OF OCTOBER, 2005, BY THE
FOLLOWING VOTE:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A Resolution of the City Council of the City of Gilroy approving A/S-PUD 05-16, an
application for Architectural and Site approval of a Planned Unit Development ("PUD")
for the Masoni Vineyard eight-lot single-family subdivision on approximately 2.01 acres
at the terminus of Foxglove Court, at the northwest corner of Santa Teresa Boulevard and
Thomas Road, APN 808-20-003, The James Group c/o James Suner, applicant.
RESOLUTION NO. 2005-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S-PUD 05-16, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT ("PUD") FOR THE
MASON! VINEYARD EIGHT -LOT SINGLE-FAMILY SUBDIVISION ON
APPROXlMATEL Y 2.01 ACRES AT THE TERMINUS OF FOXGLOVE COURT, AT
THE NORTHWEST CORNER OF SANTA TERESA BOULEVARD AND THOMAS
ROAD, APN 808-20-003, THE JAMES GROUP C/O JAMES SUNER, APPLICANT.
PASSED AND ADOPTED THIS 17TH DAY OF OCTOBER, 2005, BY THE
FOLLOWING VOTE:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Resolution of the Gilroy City Council approving the application for grant funds for
the California River Parkways Grant Program under the Water Security, Clean Drinking
Water, Coastal and Beach Protection Act of 2002 (Proposition 50) for the Uvas Creek
Trail Extension.
RESOLUTION NO. 2005-72
RESOLUTION OF THE GILROY CITY COUNCIL APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS
GRANT PROGRAM UNDER THE WATER SECURITY, CLEAN DRINKING
WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (PROPOSITION 50)
FOR THE UV AS CREEK TRAIL EXTENSION.
PASSED AND ADOPTED THIS 17TH DAY OF OCTOBER, 2005, BY THE
FOLLOWING VOTE:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
y
Resolution of the Gilroy City Council approving the application for grant funds for
the California River Parkways Grant Program under the Water Security, Clean Drinking
Water, Coastal and Beach Protection Act of 2002 (Proposition 50) for the Lions Creek
Parkway Trail.
RESOLUTION NO. 2005-73
RESOLUTION OF THE GILROY CITY COUNCIL APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER P ARKW A YS
GRANT PROGRAM UNDER THE WATER SECURITY, CLEAN DRINKING
WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (PROPOSITION 50)
FOR THE LIONS CREEK P ARKW A Y TRAIL.
PASSED AND ADOPTED THIS 17TH DAY OF OCTOBER, 2005, BY THE
FOLLOWING VOTE:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, AND PINHEIRO
8440
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Motion was made by Councilman Correa, seconded by Councilman Dillon and
carried (Mayor Pinheiro absent) to approve the Minutes of the Regular Council Meeting
of October 3,2005, adding the wording "that have met all of the criteria of the request
letter" be added to the end of page 6 Item VII.C. on the motion.
Motion was made by Councilman Dillon, seconded by Councilman Valiquette and
carried to continue the Approval of agreement for the purchase of property from Gin Loy
Dong, Henry Dong, and Richard Dong Trustee of The Dong Family Living Trust, for the
Cultural Art Center, in the amount of $380,000.00 to November 7,2005.
Bids and Proposals
Recommendation to award bid for the Ranch Site Veterans Monument, Project No.
05-CDD-115, to Perma Green Hydroseeding, Inc. for $71,210.00.
The City Administrator presented a recommendation to award the bid for the Ranch
Site Veterans Monument, Project No. 05-CDD-115, to Perma Green Hydroseeding, Inc.
for $71,210.00.
Motion was made by Councilman Dillon, seconded by Councilman Gartman and
carried to award the bid for the Ranch Site Veterans Monument, Project No. 05-CDD-
115, to Perma Green Hydroseeding, Inc. for $71,210.00.
Glen Lorna Group
A continued Public Hearing on a Zone Change request to change the zoning of 1.02
acres from RI (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 Valiquette, seconded by Councilman Gartman and
carried to continue the Public Hearings on Z 04-15 and TM 04-18 to November 21, 2005,
due to continuance at the Planning Commission.
City of Gilroy - Residential Development Ordinance
Public Hearing to review the Numerical Limits of Dwelling Units to be permitted
under the requirements of the City of Gilroy's Residential Development Ordinance
(RDO) for the years 2004 through 2013, M 05-09.
The staff report was noted and further explained by Planning Manager Faus.
The Mayor opened the Public Hearing.
Connie Rogers questioned if the small project exemptions are counted in the total
RDO limits, and she was told that they are.
The Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried to direct staff to prepare a resolution adjusting the Numerical Limits as requested,
with any surplus "Affordable" units to go directly back to the "Senior Mfordable"
category to make it whole.
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried to hold no RDO competition for 2005.
At 8:31 p.m. the Mayor called for a recess, after which he recalled the meeting to
order.
8441
City of Gilroy - General Plan
Public Hearing on a General Plan Amendment request to add and remove properties
from the Neighborhood District as specified in the adopted Neighborhood District Policy.
City of Gilroy, applicant, GPA 05-07.
The staff report was noted and further explained by Planner II Durkin.
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 to direct statfto prepare a resolution approving GPA 05-07.
Glen Loma Group
Public Hearing on a General Plan Amendment request for a Specific Plan overlay to
establish development standards and design criteria for approximately 360 acres (Glen
Loma Ranch), adjacent to Santa Teresa Boulevard, south of Hecker Pass Highway and
north of Greenfield Drive. Glen Loma Group (c/o Tim Filice), applicant, GPA 00-01.
Public Hearing on a Zone Change request to change the zoning of approximately 360
acres (Glen Lorna Ranch) from ND (Neighborhood District) to ND-PUD (Neighborhood
District-Planned Unit Development), located off Santa Teresa Boulevard, south of
Hecker Pass Highway and north of Greenfield Drive. Glen Lorna Group, applicant,
Z 05-13.
The staff report was noted and further explained by Planner II Casper.
The Mayor opened the Public Hearing.
Tim Filice, representing Glen Loma Ranch, stated that it has been a pleasure working
with City staff on this project. He emphasized that their lender is requiring a cap to the
expenses, noting that this is for those fees above and beyond the normal fees that were
paid. He explained that they have planned the amenities based on who will be purchasing
the homes in this area. He discussed homeowners associations and noted that
homeowners associations are heavily regulated by the California Department of Real
Estate.
John Donahoe reviewed the Development Agreement Talking Points and reviewed
the Affordable Housing Allocation Summary. He reviewed the project sequencing.
Arminta Jensen clarified some information on the Tenth Street Bridge construction.
Carolyn Tognetti, representing Save Open Space Gilroy, stated that many of their
issues have been satisfactorily responded to, including the earlier completion of the Tenth
Street bridge and the extension of the road to Santa Teresa Boulevard. She noted that
overall they are pleased with the proposed project, but are disappointed in the results of
the Land Evaluation and Site Assessment (LESA), which concluded that this project was
not subject to Gilroy's new Agricultural Mitigation Policy. She noted a loophole in the
Agricultural Mitigation Policy.
The Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to certify the Environmental Impact Report (EIR) finding that (a) it is completed
in compliance with CEQ A, (b) it reflects the independent judgment of the City, and (c) to
direct staff to prepare Specific Findings with respect to each significant effect identified
within the EIR.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to direct staff to prepare a resolution adopting the Glen Lorna Ranch General
Plan Amendment for the Specific Plan.
Motion was made by Councilman Velasco, seconded by Councilman Morales and
carried to direct staff to prepare an ordinance approving Z 05-13.
8442
Silicon Valley South Technology Park
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried to adopt Resolution No. 2005-74 approving a second one-year extension for TM
01-04, a Tentative Map to subdivide an approximately 30-acre site into 13 industrial lots
located on Monterey Road, south of Travel Park Circle, APNs 841-14-026 and 027,
Gennero Filice, applicant.
RESOLUTION NO. 2005-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A SECOND ONE-YEAR EXTENSION FOR TM 01-04, A TENTATIVE
MAP TO SUBDIVIDE AN APPROXIMATELY 30-ACRE SITE INTO 13
INDUSTRIAL LOTS LOCATED ON MONTEREY ROAD, SOUTH OF TRAVEL
PARK CIRCLE, APNS 841-14-026 AND 027, GENNERO FILICE, APPLICANT.
PASSED AND ADOPTED THIS 17TH DAY OF OCTOBER, 2005, BY THE
FOLLOWING VOTE:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Neil Mussallem
Motion was made by Councilman Correa, seconded by Councilman Morales and
carried (Council members Dillon, Gartman, and Valiquette voting no) to adopt Resolution
No. 2005-75 approving TM 05-09, a Tentative Map for six single-family residential (Rl)
parcels plus a private street on approximately 1.17 acres at 7861 and 7891 Miller Avenue,
APN 808-13-009 and -010, Niles Development c/o Neil Mussallem, applicant.
RESOLUTION NO. 2005-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 05-09, A TENTATIVE MAP FOR SIX SINGLE-FAMILY
RESIDENTIAL (Rl) PARCELS PLUS A PRIVATE STREET ON APPROXIMATELY
1.17 ACRES AT 7861 AND 7891 MILLER AVENUE, APN 808-13-009 AND -010,
NILES DEVELOPMENT C/O NEIL MUSSALLEM, APPLICANT.
PASSED AND ADOPTED THIS 17TH DAY OF OCTOBER, 2005, BY THE
FOLLOWING VOTE:
AYES: COUNCILMEMBERS: CORREA, MORALES, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: DILLON, GARTMAN, VALIQUETTE
ABSENT: COUNCILMEMBERS: NONE
Neil Mussallem
Motion was made by Councilman Correa, seconded by Councilman Velasco and
carried (Councilmembers Dillon, Gartman, and Valiquette voting no) to adopt Resolution
No. 2005-76 approving A/S 05-40, an application for Architectural and Site approval of a
Planned Unit Development (PUD) for six residential units on approximately 1.17 acres at
7861 and 7891 Miller Avenue, APN 808-13-009 and -010, Niles Development clo Neil
Mussallem, applicant.
RESOLUTION NO. 2005-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 05-40, AN APPLICATION FOR ARCHITECTURAL AND SITE
APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR SIX
RESIDENTIAL UNITS ON APPROXIMATELY 1.17 ACRES AT 7861 AND 7891
MILLER AVENUE, APN 808-13-009 AND -010, NILES DEVELOPMENT C/O NEIL
MUSSALLEM, APPLICANT.
PASSED AND ADOPTED THIS 17TH DAY OF OCTOBER, 2005, BY THE
FOLLOWING VOTE:
AYES: COUNCILMEMBERS: CORREA, MORALES, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: DILLON, GARTMAN, VALIQUETTE
ABSENT: COUNCILMEMBERS: NONE
At 10:22 p.m. the Mayor called for a recess, after which he recalled the meeting to
order.
8443
China Town
Architectural & Site review to allow the construction ofa new 100,660 sq.ft.
commercial shopping center, located at 8620 San Ysidro Avenue (between Home Depot
and the Gilroy Outlets) on property zoned C3-PUD (Shopping Center Commercial-
Planned Unit Development). China Town, LLC (c/o Sy-cheng), applicant,
A/S-PUD 04-69.
The staff report was noted and further explained by Planner II Casper.
Sy-Cheng Tsai, architect, explained the revisions.
Council agreed that staff should work with the architect before the next meeting to
prepare new north elevation drawings showing windows and store fronts.
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried to direct staff to prepare a resolution approving A/S-PUD 04-69.
Custom One
Small Project Exemption request to allot 16 residential units for a new mixed-use
building, located at 97 Fourth Street in the C2 (Central District Commercial) district.
Custom One (c/o Gary Walton), applicant, SPE 05-03.
The staff report was noted and further explained by Planner II Polubinsky.
Gary Walton stated that he tried to design the building to be the poster child for the
Specific Plan.
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried to direct staff to prepare a resolution approving SPE 05-03.
Jeff Kwok
Small Project Exemption request to allot 7 residential units in a new mixed-use
building located at 7888 Monterey Street in the C2 (Central District Commercial) district.
JeffKwok (c/o Ruby Chung), applicant, SPE 05-06.
The staff report was noted and further explained by Planner II Polubinsky.
Ruby Chung stated that this is a replacement building and will be a good upgrade.
Motion was made by Councilman Velasco, seconded by Councilman Morales and
carried to direct staff to prepare a resolution approving SPE 05-06.
City Administrator's Report
The City Administrator distributed information regarding expanding the scope of the
Sidewalk Task Force. He stated that they would like to start advertising openings for this
Task Force. He distributed information on the pros and cons on the Museum. He noted
Monday's workshop on the Cannery Project and stated that they have added a 5:00 p.m.
closed session. He requested a joint workshop with the Gilroy Unified School District
Board of Education on November 14, 2005, and Council agreed to that date.
Council Members Report
Councilman Gartman questioned whether the Sports Park could be delayed due to the
lack of purple pipe, and was told that was true. He stated that at the opening ceremony of
Los Arroyos Park, that some concerned citizens questioned whether the other two parks
would open in November, and was told that there are issues with the concrete work not
being to specifications and that the grass work is not complete. He noted the December
19 reception for outgoing and incoming Mayor and Councilmembers, and it was clarified
that there was an error and that Mayor has been deleted from that description.
Mayor's Report
The Mayor noted his absence at the last Council meeting, stating that he accompanied
the Garlic Queen to Gilroy's Sister City ofTakko-Machi, Japan, which was at no expense
+0 the City. He noted that they removed approval of the agreement for purchase of
property for the Cultural Center Project, stating that he has asked that an item be added to
the January Council retreat lessons to be learned and the approach on eminent domain
8444
and give an overview on how this is handled and why certain things happen and don't
happen.
*Meeting will be televised on Channel 17
OCTOBER 2005
17 Study Session - CDBG - 6:00 p.m., Gilroy City Council Chambers
1 7 * 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 SCRW A Meeting - 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
14 Quarterly Workshop with the Gilroy Unified School Board - 6:00 p.m., at the Gilroy
Unified School District Administration Office Board Room, 7810 Arroyo Circle
18 Joint City CouncillPolice Department/Fire Department Mini-Retreat - 8:00 a.m.,
Corporation Yard, 613 Old Gilroy Street
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
DECEMBER 2005
5* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12 Interviews for Boards/Commissions/Committees - 6:00 p.m., Gilroy City Council
Chambers
13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
19 Reception for Outgoing and Incoming Councilmembers - 6:00 p.m., City Hall Foyer
19* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
At 11: 10 p.m. the Mayor adjourned the meeting to the meeting of November 7, 2005.
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/s/ RHONDA PELLIN, CMC
City Clerk