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Minutes 2005/11/21 8452 Regular Meeting November 21,2005 Gilroy, California The Mayor led the Pledge of Allegiance to the flag. Pastor Bruce Rowlison, Gilroy Presbyterian Church, gave the invocation. The City Clerk noted that the agenda had been posted on November 16, 2005 at 11 :30 a.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 stated that agenda Items V.c. and VII.A. would be continued to December 5, 2005. The Mayor announced that the Council had adjourned from a Closed Session regarding Conference with Labor Negotiators pursuant to Government Code Section 54957.6 and that no action had been taken. The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. Presentations & Proclamations The Mayor noted a presentation on pending legislation by Senator Elaine Alquist. The Mayor returned to the regular order of the agenda. Introductions The following promoted employee was introduced: Tim Price, Fire Captain, Fire Department. The following new employee was introduced: Ingrid Miranda, Office Assistant 1- Human Resources, Administrative Services Department. Jesus "Noel" Lemus, Police Officer, Police Department was not present for introduction. Presentations & Proclamations The Mayor presented the Employee Award for the Month of October, 2005 to Marty Quiroz, Information Systems Manager, Administrative Services Department. The Mayor presented the Employee Award for the Month of November, 2005 to Karen Pogue, Administrative Secretary, Administrative Services Department. The Mayor presented the Team of the Month Award to Rick Brandini, Chris Rogers, and Bob Bozzo. The Mayor presented the Volunteer of the Month of November, 2005 award to Josh Mirelez. Presentations by members of the public for items not on the agenda, but within the subject matter jurisdiction of the City Council. The Pacific West Christian Academy cheerleaders presented the Mayor and Council members with thank you gift baskets and gave them a cheer. Connie Rogers thanked the City Employees who assisted with the Day of Caring. Consent Calendar Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to approve the Consent Calendar. Minutes of the Regular Council Meeting of November 7,2005. 8453 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. Recommendation to Approve Budget Amendments/Transfers. An Ordinance of the City Council of the City of Gilroy approving a Development Agreement between the City of Gilroy and Glen Loma Corporation for the Glen Loma Ranch project, Glen Loma Group, c/o Tim Filice, applicant, M 05-12. ~ \ ORDINANCE NO. 2005-22 ... AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF GILROY AND GLEN LOMA CORPORATION FOR THE GLEN LOMA RANCH PROJECT, GLEN LOMA GROUP, C/O TIM FILICE, APPLICANT, M 05-12. PASSED AND ADOPTED this 21st day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE An Ordinance of the City Council of the City of Gilroy amending the Gilroy Zoning Ordinance to add Section 30, Glen Loma Ranch Special Use District, implementing provisions of the Glen Loma Ranch Specific Plan and to amend the Zoning Map on property located east of Santa Teresa Boulevard between Greenfield Drive and Uvas Creek, from ND (Neighborhood District) to'GLR/PUD (Glen Loma Ranch Special Use DistrictIPlanned Unit Development), Glen Loma Group c/o Tim Filice, Z 05-13. ORDINANCE NO. 2005-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY ZONING ORDINANCE TO ADD SECTION 30, GLEN LOMA RANCH SPECIAL USE DISTRICT, IMPLEMENTING PROVISIONS OF THE GLEN LOMA RANCH SPECIFIC PLAN AND TO AMEND THE ZONING MAP ON PROPERTY LOCATED EAST OF SANTA TERESA BOULEVARD BETWEEN GREENFIELD DRIVE AND UV AS CREEK, FROM ND (NEIGHBORHOOD DISTRICT) TO GLR/PUD (GLEN LOMA RANCH SPECIAL USE DISTRICTIPLANNED UNIT DEVELOPMENT), GLEN LOMA GROUP C/O TIM FILICE, Z 05-13. PASSED AND ADOPTED this 21st day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE An Ordinance of the City Council of the City of Gilroy amending Chapter 2, Administration, of the Gilroy City Code. ORDINANCE NO. 2005-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 2, ADMINISTRATION, OF THE GILROY CITY CODE. PASSED AND ADOPTED this 21st day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE tt An Ordinance of the City of Gilroy amending Gilroy City Code Section 7.4.1, providing that certain charges to development projects in the C-2 Central Business District zone and along a certain portion ofEigleberry Street are set at zero (0) percent of cost reasonably borne by the City, to extend its provisions until December 31, 2006 and to extend its provisions for projects involving remediation of unrein forced masonry buildings until December 31,2006. f ' 8454 ORDINANCE NO. 2005-25 AN ORDINANCE OF THE CITY OF GILROY AMENDING GILROY CITY CODE SECTION 7.4.1, PROVIDING THAT CERTAIN CHARGES TO DEVELOPMENT PROJECTS IN THE C-2 CENTRAL BUSINESS DISTRICT ZONE AND ALONG A CERTAIN PORTION OF EIGLEBERRY STREET ARE SET AT ZERO (0) PERCENT OF COST REASONABLY BORNE BY THE CITY, TO EXTEND ITS PROVISIONS UNTIL DECEMBER 31,2006 AND TO EXTEND ITS PROVISIONS FOR PROJECTS INVOLVING REMEDIATION OF UNREINFORCED MASONRY BUILDINGS UNTIL DECEMBER 31,2006. PASSED AND ADOPTED this 21st day of November, 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 GP A 03-01 amending and implementing the General Plan to adopt the Downtown Specific Plan for approximately 160 acres comprised of 416 parcels bounded on the north by Leavesley Road, on the east by Church Street, on the south by Luchessa Avenue, and on the west by Alexander Street. RESOLUTION NO. 2005-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GP A 03-01 AMENDING AND IMPLEMENTING THE GENERAL PLAN TO ADOPT THE DOWNTOWN SPECIFIC PLAN FOR APPROXIMATELY 160 ACRES COMPRISED OF 416 PARCELS BOUNDED ON THE NORTH BY LEA VESLEY ROAD, ON THE EAST BY CHURCH STREET, ON THE SOUTH BY LUCHESSA AVENUE, AND ON THE WEST BY ALEXANDER STREET. PASSED AND ADOPTED this 21st day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Request for Acceptance oflmprovements, Recoating Reservoirs C & D, Project No. 05-CDD-I05, Robison-Prezioso, Inc. Gilroy Public Art Committee request to increase the membership from five to seven members. Claims of Thomas and Inez Auburt and Linda Valenzuela. Request for Acceptance oflmprovements, First & Church Street Signal Modifications, Project No. 04-CDD-126, Pacific Electric Company. Bids and Proposals Recommendation to award the bid for the Willey Cultural Center Site Improvements, Project No. 05-CDD-114, to Perma Green Hydroseeding for $166,610.00. The City Administrator presented a recommendation to award the bid for the Willey Cultural Center Site Improvements, Project No. 05-CDD-114, to Perma Green Hydroseeding for $166,610.00. Connie Rogers gave some background on the Willey House Master Plan. She stated that as a user, having the grounds available would make the venue more versatile. She stated that if the improvements had been made 8 years ago, revenue would have been coming in since then. She noted that it is also a part of the downtown. She stated that this house was a gift to the City, and asked that the City take full advantage of this gift. Donna Pray stated that she was a Boardmember of the Theater Angels Art League when it was given to the City. She stated that she hopes the City will continue with Phase II of the improvements. 1"\ ".. 8455 Motion was made by Councilman Morales, seconded by Councilman Velasco and the motion did not carry (Council members Dillon, Gartman, Valiquette, and Pinheiro voting no) to award the bid for the Willey Cultural Center Site Improvements, Project No. 05- CDD-114, to Perma Green Hydroseeding for $166,610.00, with the caveat that a marketing plan be developed. Motion was made by Councilman Gartman, seconded by Councilman Valiquette and carried (Councilman Dillon voting no) to continue the request to the meeting of December 5, 2005 and request from Perma Green Hydroseeding an extension for approval, and accept the extension if presented. 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 Gartman and carried to continue Z 05-06 to December 5, 2005 at the request of staff Glen Lorna Group A continued 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 Lorna Group (c/o Tim Filice), applicant, TM 04-18. Architectural & Site review to allow the construction of 6 single family homes located at 1645 Anson Court, on property zoned RI (Single Family Residential). Glen Loma Group (c/o Tim Filice), applicant, A/S-PUD 04-70. The staff report was noted and further explained by Planner II Casper. The Mayor opened the Public Hearing. Councilman Velasco recused himself from discussion and vote on this issue due to property ownership in the area, stepped down from the dais, and left the room. John Russell noted concerns and questions on this project. He noted a concern regarding a ten foot wall and the proposal to add an additional four feet of land to increase the height of the fence. He noted concerns with drainage from that area. He stated that the parking proposed is completely inadequate. He strongly requested the proposal be rejected. Jack Kent, Glen Loma Group, reviewed the project specifics. He noted a public meeting with over 30 neighbors in attendance. He explained that the main concern was to save the existing trees, which they have done. He stated that they want to build to the density of the existing area. He noted that there is parking available in the driveways as well as in the garage spaces. Rob Oneto noted that they are constructing the homes 10-15 feet away from the existing 10 foot wall. He stated the new drainage will alleviate the drainage problem in the north end of the site. John Rottler stated there is a misconception that the neighbors received notice of the October Planning Commission meeting. He stated that he and his neighbors are adamantly opposed to this project due to safety concerns, including traffic issues, noise pollution, and air pollution. He asked that this not be supported. David Anderson, president of the Home Owners Association surrounding the project, stated that they would not like to see this project go forward. He questioned whether the fencing will be replaced, and what will be done with the dirt and dust issues that will occur. He noted an infestation of rats in the area, and would like the area treated. 8456 John Troini stated that we need to balance capitalism against the needs of the community. He stated one or two homes would be appropriate. He asked that this be rejected and consider a lesser amount. Ray Berzins stated that he is opposed to the rezoning due to traffic concerns. Nicole Berzins stated this area is a wonderful community. She said that we do not need to fill every space with housing. Tim Filice spoke regarding issues brought forth on this project. He stated that they would provide a stop sign if the City would allow it. He stated that they are dropping the request for flexibility regarding a homeowners association. He stated that they will assist in keeping the dust down, and possibly provide a pool cover for the pool on Brentwood Lane. He noted the trace fault that they are providing a 20' setback from. He noted the full 18-20' street widths to assist with parking issues. He stated that he has talked to the construction company regarding alleviating construction noise and noted that they will work with the neighbors on this issue. He stated that they will address the issue regarding the rats. Julie Barroza noted that there are impacts to the neighbors, and appreciates Glen Loma Group working with them. She noted that they are opposed to the project. Dennis Barroza noted the beauty of this property. Gary Meader noted his concern with poisoning the rats, due to the dogs and cats in the area. John Troini stated that if you look at the academics, you need to approve this. He commented that there needs to be a compromise and to look at both sides. The Mayor closed the Public Hearing. The Mayor re-opened the Public Hearing. A gentleman spoke stating that the development will be too dense. The Mayor re-closed the Public Hearing. Motion was made by Councilman Dillon, seconded by Councilman Correa and carried (Councilmembers Gartman and Morales voting no and Councilman Velasco absent) to approve the Mitigated Negative Declaration, with the attached 8 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 the motion did not carry (Council members Gartman, Morales, and Pinheiro voting no and Councilman Velasco absent) to direct staff to prepare an ordinance approving Z 04-15. Motion was made by Councilman Gartman, seconded by Councilman Morales and carried (Councilman Dillon voting no and Councilman Velasco absent) to continue Z 04- 15, TM 04-18, and A/S-PUD 04-70 to the meeting of December 19, 2005. Councilman Velasco returned to his seat at the dais. South County Housing Public Hearing on a Zone Change text amendment request to section 50.62(b)(3) of the Gilroy Zoning Ordinance to allow projects that seek an affordable housing exemption from the RDO (Residential Development Ordinance), to have flexibility in the number of units requested. South County Housing, c/o Karen Saunders, applicant, Z 05-15. Motion was made by Councilman Dillon, seconded by Councilman Correa and carried to continue Z 05-15 and ARE 05-02 to the meeting of December 5,2005. 8457 South County Housing Affordable Housing request to allot 303 housing units on property zoned ND (Neighborhood District), located on Monterey Road, north and south ofCohansey Avenue. South County Housing, clo Karen Saunders, applicant, ARE 05-02. Motion was previously made by Councilman Dillon, seconded by Councilman Correa and carried to continue Z 05-15 and ARE 05-02 to the meeting of December 5,2005. City Administrator's Report The City Administrator stated that the Council retreat will be on January 27 and 28, 2006 and asked if the Council would like Marilyn Manning to attend and facilitate. They agreed that they would just need her on Friday. Council Members Report Councilman Morales asked the community to give to St. Joseph's and the Salvation Army. He stated that he hoped that everyone would have a good Thanksgiving. Councilman Gartman thanked the voters for the opportunity to serve another four years. He stated that he was sorry to lose a couple of the colleagues here. He congratulated the other winners, Dion Bracco and Peter Arellano. He wished everyone a safe Thanksgiving Day. He asked the Mayor to adjourn the meeting in memory of Ray Hernandez. Councilman Valiquette wished everyone a Happy Thanksgiving. Mayor's Report The Mayor noted that we have openings on our boards and commissions. He stated that he will adjourn the meeting in memory of Ray Hernandez. He noted that the November 22, 2005 SCRW A meeting is cancelled. *Meeting will be televised on Channel 17 NOVEMBER 2005 21 Closed Session - Conference with Labor Negotiator - 6:00 p.m., Gilroy City Council Chambers 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 (CANCELLED) 22 Joint SCRW A and SCVWD Meeting - 9:30 a.m., 5750 Almaden Expressway, San Jose 28 Joint City CouncillPlanning Commission Study Session - Hecker Pass Road Alignment - 5:00 p.m., Gilroy City Council Chambers DECEMBER 2005 5 Study Session - Part-Time Employee Pay Table Discussion - 6:00 p.m., Gilroy City Council Chambers 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 JANUARY 2006 2* Regular City Council Meeting - CANCELLED 10 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 23*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 27 Annual Retreat - 8:00 a.m. to 5:00 p.m., Bonfante Gardens Meeting Room, 3050 Hecker Pass Highway, Gilroy (dinner at 6:00 p.m. -location to be determined) 28 Annual Retreat - 8:00 a.m. to 2:00 p.m., Bonfante Gardens Meeting Room, 3050 Hecker Pass Highway, Gilroy 8458 Adjournment At 9:49 p.m. the Mayor adjourned the meeting to the meeting of December 5,2005 in memory of Ray Hernandez, Gilroy Police Officer. )- - \\::- fl ,~.} ~/C i ~ (~/ ( . ' 7/1 lli. f~ '--_ hj~ -~--~7------ ------ ------------------ --------------------- /s/ RHONDA PELLIN, CMC City Clerk