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.
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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.
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ORDINANCE NO. 2005-22
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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
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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.
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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.
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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.
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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.
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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
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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.
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/s/ RHONDA PELLIN, CMC
City Clerk