Minutes 2007/11/05
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City of Gilrov
City Council Minutes
Mondav. November 5. 2007
Special MeetinelRee:ular Meetine:
I. CLOSED SESSION
Govt.Code section 54956.9(a) Pending Litigation
City olGilroy vs. 140 Gilroy Associates, Case No.I-05-CY-055360
City olGilroy vs. KB Homes, Case No. 1-06-CY-077424
Govt.Code section 54956.9(b) (1) Potential Litigation
(one case)
The City Council went into Closed Session at 5:00 p.m.
ADJOURN to Open Session
The City Council adjourned into open session at 6:00 p.m.
STUDY SESSION
II. Discussion of the Community Development Block Grant (CDBG) Program and ofthe
update oftne NeignpPfnPQQ ReVlrflHz~tjqnSrfM~gy.'
The Council adjourned from Study Session at 6:40 p.m.
I. OPENING
A. Call to Order
Mayor Pinheiro called the meeting to order at 7:00 p.m.
Mayor Pinheiro led the Pledge of Allegiance.
The Invocation was given by Shirley Azad of the Baha'i' Community Faith.
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Closed Session Announcement
Mayor Pinheiro stated that there were no closed session announcements.
City Clerk Freels stated that the agenda had been posted on November 2, 2007 at 9:35 a.m.
Roll Call
Present: Mayor AI Pinheiro, Council Member Peter Arellano, Council Member Dion
Bracco, Council Member Craig Gartman, Council Member Russ Valiquette, Council
Member Roland Velasco.
Absent: Council Member Paul Correa.
B. Orders of the Day
Mayor Pinheiro gave the City Council's condolences to the family of Val Filice stating that the
meeting would be adjourned in his name.
C. Introductions
Introduction of New Employees
a. Operations Manager Ruigh introduced Jesus Hernandez, Maintenance Worker I, Community
Services Department
b. Operations Manger Ruigh introduced Gary Carpenter, Maintenance Worker I, Community
Services Department
c. Operations Manager Ruigh introduced Jonathan Shouse, Maintenance Worker I, Community
Services Department
d. Financial Analyst Benson introduced Diane Flemmer, Office Assistant I, Community
Development Department
e. Co-Finance Director Turner introduced Barbara Voss, Assistant Finance Director, Finance
Department
f. Fire Chief Foster introduced Sean Ohara, Firefighter II/Paramedic, Fire Department
g. Fire Chief Foster introduced Kenneth Simon, Firefighter IVParamedic, Fire Department
D. Presentations & Proclamations
Carol Harris and Arline Silva gave a presentation on the Gilroy Arts Alliance. They then
introduced Bruce Davis and Joseph Russell of the Arts Council of Silicon Valley who gave a
presentation of the arts and economic prosperity in Santa Clara County.
Mayor Pinheiro presented the Volunteer of the Month award for November 2007 to Katherine
Tsujimoto of the City Museum.
II. PUBLIC COMMENT
A. BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA, BUT
WITHIN THE SUBJECT MA TIER JURISDICTION OF mE CITY COUNCIL.
Denise Apuzzo spoke on youth programs in the City explaining that there was a need for teen
centers throughout the community.
III. CONSENT CALENDAR
Mayor Pinheiro asked to have Item III. F pulled.
Motion on Consent Items A, B, C, D, E
Motion was made by Council Member Arellano, seconded by Council Member Bracco and
carried (Council Member Correa absent) to approve the items.
A. Approval of Minutes of the October 15, 2007 Regular City Council Meeting
B. Recommendation to Approve Budget Amendmentsrrransfers
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C. Claims of Mike Ford and Zenaida Landeros. (City Administrator recommends a "yes"
vote under the Consent Calendar shall constitute denial of claims.)
D. Approval of the purchase of permanent and temporary construction easement from
Inland Western Gilroy II for $20, 000 and authorization to the City Administrator to
sign the purchasing agreement, Camino Arroyo Right of Way Acquisition, APN 841-18-
075.
E. Acceptance of Property Improvement Agreement No. 2007-07, Tract 9909-Ronan
Subdivision, APN 790-16-057, Ronan Avenue Investors, LLC.
Mayor Pinheiro recused himself from voting on item III. F., stating that he had a financial
conflict of interest, as he had previously insured South County Housing. He asked Council
Member Arellano to lead the meeting and then left the dais.
F. Resolution authorizing $66,724 in local match for the MTC Housing Incentive
Program, Lewis Street and Railroad Street Streetscape Project and authorizing the
City Administrator to execute an application for STP/CMAQ funding
Council Member Arellano asked if the improvement was to be made to the whole street.
Engineer II Brice stated that they would do half of the street and the grant was to finish off the
seconded half.
Motion on Item III. F.
Motion was made by Council Member Bracco, seconded by Council Member Valiquette
and carried (Council Member Correa and Mayor Pinheiro absent) to adopt Resolution
2007-83 and approve the item.
IV. BIDS AND PROPOSALS
There were no bids and proposals.
V. PUBLIC HEARINGS
A. Public Hearing to consider an appeal of the Planning Commission denial of a request
for a Conditional Use Permit to allow the operation of a vehicle storage and dispatch
yard for a trucking business. No on-site storage of materials. Located at 9120 Murray
Avenue, northeast corner of Murray Avenue and Las Animas Avenue, APN 835-05-004,
applicant Oscar Sencion, CUP 07-03.
The staff report was presented by Planner II McIntyre.
Council Member Valiquette asked trucks traveling on the alternate routes could handle the
elevations over the railroad tracks.
Planner II McIntyre stated that the applicant had stated that they could travel over the railroad
crossings, but staff had not reviewed it yet.
Council Member Valiquette asked what the load rating for Murray A venue was.
Engineer II Dey stated that Murray Avenue was designed as an arterial roadway. He stated that
state law maximum permitted load for trucks was 80, 000 lbs.
Council Member Valiquette asked about the alternate route elevations at the railway crossings.
Engineer II Dey stated that both had severe grades of 5-7 degrees. He then stated that there was a
property owner with designs for a traffic signal and improvements at the Las Animas and
Monterey crossing to be compatible with all of the truck traffic in the area.
Council Member Valiquette asked if there was more of a elevation at Las Animas and Cohansy.
Engineer II Dey stated that it had to do with the design changes. He then stated that the grade
was more severe than the grade at Leavsley.
Council Member Valiquette asked if school buses were allowed on the crossing at Leavsley.
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Engineer Dey stated that he had been told that the buses would not take the crossing but he had
seen buses cross before but had not asked the School District if they allowed it.
Council Member Velasco asked for more details of the traffic improvements.
Engineer II Brice explained that the applicant would improve the sidewalk and gutter on their
side of Murray. He explained that Murray was not a public road and the applicant was planning
to turn over the Murray Avenue area to the City. He explained that the City would get all of
Murray A venue from the owners of both sides.
Mayor Pinheiro asked about the alternate truck traffic route to Cohancy, asking if the
arrangement with the property owner would be in perpetuity.
Planner II McIntrye stated that there was no detail of the arrangement.
Council Member Bracco asked if an alternate route to Forrest could be used.
Mayor Pinheiro asked the audience to attempt to have a spokes person explaining that for groups
such as the association all persons represented by their spokesperson could stand as the
spokesperson began to speak. He explained that each person had the right to speak but he was
hoping to eliminate repetitive statements.
The Public Hearing was opened.
Tom Thomatos, attorney for the applicant, addressed the issues presented at the Planning
Commission meeting clarifying that the project site was not a recycling center but rather a truck
storage area for the applicants business. He stated that the trucks would not have anything stored
in them and would be cleaned daily before returning to the site. He shared the distance from the
project site to the residential areas on Murray Avenue and discussed the travel times of the
vehicles. He spoke on alternate routes sharing the opportunity to avoid the residential areas. He
explained that the trucks would be parked inside the site and spoke on the improvements to the
site and roads around the property. He spoke on the general plan zoning and explained that there
would be 12 trucks traveling to and from the site. He stated that there were a number of
neighbors who had signed a petition in favor of the project and his client had spent a lot of
money and would need to rent another location if the project was not approved.
Council Member Valiquette stated that a number of the signers on the petition provided by the
applicant did not live in the project area.
Mr. Thomatos stated that he had not circulated the petition and did not know if all were within
the project area.
Council Member Valiquette asked if the road capacity study had been done.
Mr. Thomatos stated that a study had not been done, but the trucks would be empty when
traveling on the road.
Council Member Arellano asked how large the trucks were.
Mr. Thomatos stated that they were one-cab trucks.
A driver for Sencion Trucking stated that they were 47 foot long trucks.
Council Member Arellano asked if another trailer could be added to the trucks.
The driver stated that they could not.
Council Member Arellano spoke on the intersection stop asking how the trucks would be able to
stop on Las Animas at the railway tracks.
The driver stated that they stopped before the railroad tracks.
Council Member Arellano asked how the route would change if the land down Murray were
sold.
Mr. Thomatos stated that he did not know.
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Council Member Arellano asked what type of fencing would be used.
Planner II McIntyre stated that it was tubular steel in all areas along the property other than at the
driveway.
Council Member Valiquette spoke on the condition of the trucks asking if the owner was up to
date with CHP to run them.
Mr. Thomatos stated that he did not have anything to provide to show that the owner was up to
date.
Council Member Valiquette asked if Mr. Sencion had stated at the Planning Commission
meeting that he would go forward with using the site for his trucks regardless if it was legal.
Mr. Thomatos stated that his client had been upset when he had made the statement, but he
would definitely not be parking his trucks on the site if the project was not approved.
Council Member Valiquette asked if the alternate routes were feasible stating that the applicant
should find out if they could be used before stating that they were feasible.
Mr. Thomatos stated that they believed that they were feasible, but they did not have enough
time to determine the feasibility of the routes. He then spoke on the times that the drivers would
bring the trucks to the site stating that they would leave at 6:00 a.m. and return at 6:30 to 7:00
p.m.
Mayor Pinheiro asked what the truck drivers would do with the trucks in the event that they were
done earlier in the day.
Mr. Thomatos stated that the trucks worked all day long, but they would not come back if they
were done early.
Thomas Muniz spoke as a representative of the neighborhood homeowners group explaining that
they were against the proposal. He shared the neighborhood makeup and the general plan
description of quality of life for neighborhoods explaining that there were already many issues
with truck traffic, poor sidewalks and street conditions and lack of street lighting. He then stated
that the project was not in line with the general plan designation of light industrial for the area as
it was not compatible to the neighborhood and not in the primary planning for the area. He
concluded by stating that the project was not in the interests of the neighborhood, explaining that
a policy document should be developed to best decide how the area should be developed.
Antonio Duran spoke against the project sharing the proximity of it to his home explaining that
he lived 40 feet from the site. He stated that the trucks were 55 feet in length and weighed 13
tons empty. He then explained that he had followed one of the Sencion trucks and it was returned
to the yard very dirty and then spoke on the truck parking on the streets in the area. He concluded
by speaking on trucks that had been stuck on the railroad crossing on Monterey Road and the
possible alternate routes.
Sally Armendariz spoke against the project explaining that several people on the petition
supplied by the applicant in favor of the project were not from the area and some signatures were
not truthful. She explained that issues such as diesel emissions were a great concern to the
residents in the area and shared photos of the Sencion trucking site in Morgan Hill and photos of
another site in the project area for storage that was a code violation.
Council Member Velasco asked where the photos had been taken of.
Ms. Armendariz stated that they were taken from her home.
Martha Garcia spoke on the petition provided by the applicant explaining that her mother had
signed the petition because it had been represented as one truck parked on the project site. She
then spoke on the truck traffic explaining that there were many children playing and pedestrians
walking on the street throughout the day.
Veronica Vela stated that a signature from 449 Willey Court had been fraudulently signed to the
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applicant's petition.
Rebecca Armendariz spoke against the project stating that the applicant's lot in Morgan Hill was
very dirty and was odorous. She then explained that the traffic was already significant and there
was other truck traffic on Murray A venue with very little traffic enforcement. She then stated
that the petition provided by the applicant was questionable.
Ashraf Mike Au spoke in favor of the project explaining that the applicant was a customer of his
who had his trucks cleaned at his truck wash.
Mayor Pinheiro asked how many trucks came into the business per day.
Mr. Au stated that he did not know.
Memo Ramariz stated that he was a driver for Sencion trucking and explained that their trucks
had no possibility of getting stuck on the railroad crossing. He explained that there were trucks
already traveling in the area carrying diesel. He spoke on the pollution from the highway and
explained that Mr. Sencion's trucks were inspected daily by CHP.
Jess Maldonado spoke against the trucks traveling in the area with diesel and the application to
bring more truck traffic into the area. He asked why the applicant wasn't keeping his business in
Morgan Hill.
Jesus Garcia explained that he was a driver for Sencion trucking and would occasionally park his
truck on Monterey Street when on lunch but never parking on Murray Avenue. He explained that
other trucks were parked in the area from other companies for 3-7 days.
David Olmos stated that he had signed the petition but he didn't know what he was signing and
wanted to remove his name from the petition.
Rueben Carrasco spoke against the project stating that the trucks were heavy duty. He explained
that there were very few people who lived in the area who wanted the project and asked the
Council not to approve it.
Veronica Valdez spoke in favor of the project explaining that her husband was an employee of
Sencion trucking and her family needed to have her husband employed in the area.
Bekki Hoenek spoke in favor of the project explaining that she and her husband had offered
Murray Avenue to Mr. Sencion and had no plans to sell the property to Cohancy, making the
agreement with Sencion trucking indefinite. She spoke on the traffic on Murray avenue prior to
her husband closing the road off and explained that the future development of the area would be
industrial. She explained that Mr. Sencion had purchased the property as light industrial and he
had the right to develop it.
Mayor Pinheiro asked if the Murray Avenue road option could be used into perpetuity.
Ms. Hoenek stated that they would if the other routes could not be used.
Reymundo Armendariz stated that the property rights of the owners in the area should be
respected also. He then spoke on his children playing in the area and shared his concerns about
truck traffic in the area.
Jess Maldonado asked if the Sencion trucks would come down Murray.
Mayor Pinheiro explained that one of the alternate routes was an option to go down Murray and
the property owner had said Mr. Sencion could use it for that purpose.
Vivian spoke against the alternate route on Forrest explaining that there already was truck traffic
on Murray. She spoke on the pollution from the trucks and the number of residents walking in
the area.
Martha Garcia stated that she had already had a child hit on Murray Avenue.
The Public Hearing was closed.
Council Member Arellano asked to view the site described during public comment with vehicle
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storage.
Mayor Pinheiro stated that the site was not permitted for RV storage.
City Administrator Baksa stated that code enforcement was already investigating the usage.
Council Member Arellano asked about the truck parking on the street.
Planner II McIntrye stated that it was a code enforcement issue.
Council Member Velasco spoke on the route he took in the mornings, which traveled through
Murray Avenue explaining that there weren't many sidewalks in the older residential area. He
then spoke on the pedestrian traffic in the area and stated that he had gone to the truck traffic on
Murray A venue. He then spoke on truck storage on the Morgan Hill Sencion site explaining that
it was not something he could support. He concluded by stating that the City owed it to the
property owners in the area to decide the types of businesses they wanted to see in the area.
Council Member Valiquette asked to see alternate routes that might be available asking to wait
until the next meeting to re-address the item.
Council Member Velasco stated that the alternate routes would affect other neighborhoods, but
he did not believe it was the right business in the location.
Council Member Arellano spoke on his discussions with residents in the area explaining that the
area was neglected with a lack of enforcement and the City needed to explain what the vision of
light industrial for the area would be. He then stated that additional pollution was not good for
the area and spoke on the need for a CEQA evaluation of pollution, storm runoff and noise in the
area before additional projects were allowed to go into the area.
Council Member Bracco spoke on the number of trucks his company had pulled off of the
railway tracks stating that the applicant was telling the Council what they wanted to hear. He
spoke on the previous Council direction to develop a specific plan for the neighborhood asking
that the City begin to plan for the area.
Mayor Pinheiro spoke on his discussions with residents in the neighborhood explaining that he
had discussed looking at a comprehensive plan for the area. He spoke against the project
explaining that there wasn't enough enforcement available to watch the traffic and stating that as
a small business owner, the property owner had taken the risk when he had bought the property
as it was know that a conditional use permit would be needed.
The City Council took a 5 minute break.
Motion on Item V. A.
Motion was made by Council Member Velasco, seconded by Council Member Arellano and
carried (Council Member Correa absent) to direct staff to prepare a resolution denying the
appeal of CUP 07-03.
VI. UNFINISHED BUSINESS
A. Recommendation on the redesign ofTM 06-10, Old Pacheco Pass Hotel, located on
approximately .44 acres, 570 Old Gilroy Street, Jose Montes, applicant. (public Hearing
September 17, 2007 continued with a 6-0-1 vote, Council Member Velasco absent)
The item was presented by City Administrator Baksa.
Planner II Polubinsky presented the project re-design.
Mayor Pinheiro recused himself explaining that he owned a piece of property on 7th and Maple
Streets and believed he had a conflict of interest. He then left the dais.
Council Member Bracco asked if parking had originally been in garages only.
Planner II Polubinsky agreed that it had been.
Council Member Velasco asked if staff was concerned about parking.
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Planner II Polubinsky stated that staff had not completely reviewed the proposed changes and
would need to review guest spaces.
Council Member Arellano asked if the park was City owned and would be reserved for the
project if purchased by the applicant.
Planner II Polubinsky stated that it would for the purpose for the use of the homes in the project
area.
Council Member Arellano stated that the proposal was a lot better than the original project and
would promote more homeownership and would get rid of the hotel. He then stated that he
would like to see what the Planning Commission would do with it.
Council Member Velasco stated that he liked the proposal and would clean up the area
explaining that staff did have parking concerns that would need to be addressed.
Council Member Bracco stated that the driveways were much better facing the street.
The Council gave direction to the applicant that his project was moving in the right direction.
Mr. Montes stated shared the parking space numbering on the plans.
VII. INTRODUCTION OF NEW BUSINESS
A. Approval of Fire, IAFF, Local 2805 Memorandum of Understanding for the
Period of January 1,2008 to December 31,2011 and Resolution establishing the
salary schedules for the Fire, IAFF, Local 2805 employees for the time period of
January 1,2008 to December 31,2011
The staff report was presented by Human Resources Director McPhillips.
Mayor Pinheiro thanked Human Resources Director McPhillips and the negotiation team for
there work on the agreement.
Motion on Item VII. A.
Motion was made by Council Member Bracco, seconded by Council Member Arellano and
carried (Council Member Correa absent) to approve the Fire, IAFF, Local 2805
Memorandum of Understanding
Motion was made by Council Member Valiquette, seconded by Council Member Bracco
and carried (Council Member Correa absent) to adopt Resolution 2007-84 of the City
Council of the City of Gilroy establishing the salary schedules for the Fire, IAFF, Local
2885 employees for the time period of January 1,2008 to December 31,2011
VIII. CITY ADMINISTRATOR'S REPORTS
City Administrator Baksa shared the agenda of items for the upcoming public safety policy
-summit and explained that the Matrix Study would be provided to the Council at the close of the
meeting.
IX. CITY ATTORNEY'S REPORTS
A. Report on Non Conforming Use Zoning Ordinance.
Interim City Attorney Faber shared the draft ordinance explaining that the 120 period of time had
been set and if the Council was comfortable with the changes, then it would go forward for
Planning Commission recommendation to Council.
X. REPORTS OF COUNCIL MEMBERS
Council Member Bracco thanked City Clerk Freels for the excellent job she was doing and
changes she had implemented stating that he was surprised with how quicldy 8pe had picked the
job up and was doing it like a pro.
Council Member Arellano spoke on the County initiative to stop using bottled water asking the
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Council to consider no longer drinking bottled water at Council meetings.
City Administrator Baksa suggested that it be placed on a Council agenda.
The Council agreed to agendize the item.
Council Member Valiquette asked everyone to vote.
Council Member Gartman asked everyone to vote and wished all of the candidates good luck.
Council Member Velasco asked for the mutual aid/auto aide for fire protection to be placed on
the public safety agenda.
City Administrator Baksa stated that they could present it to the Council.
XI. MAYOR'S REPORT
Mayor Pinheiro thanked City Clerk Freels for the new binder layout stating that it was a great
change. He then asked everyone to get out and vote.
Mayor Pinheiro adjourned the meeting in the memory of Val Filice at fOj03 p.m.
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