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Minutes 2004/05/17 Invocation Posting Roll Call Justin Matsuhara Recycler of the Year 8241 Regular Meeting May 17,2004 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Malcolm MacPhail, New Hope Community Church, gave the Invocation. The City Clerk noted that the agenda had been posted on May 12, 2004 at 11:00 a.m. Present: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland Velasco, and Al Pinheiro - 7:00 p.m. The Mayor presented a Certificate of Appreciation to Justin Matsuhara for his deployment with Operation Enduring Freedom. The Mayor noted a presentation by South Valley Disposal & Recycling, Inc. of the 2003 Business Recycler of the Year to South County Housing and of the 2003 Residential Recycler of the Year to Willard Manor. Visitors Bureau The Mayor noted an update by Kirsten F. Carr on the Gilroy Visitors Bureau. CMAP The Mayor noted an update by Suzanne St. John-Crane on CMAP (Community Media Access Partnership). Proc.-National The Mayor noted a proclamation for National Nursing Home Week - May Nursing 9-15,2004, which was previously mailed to the recipient. Home Week Green Business The Mayor noted recognition ofa Green Business Award to the Santa Clara Award County Regional Occupation Program (ROP) of South County. Consent Calendar Minutes Budget Meeting Cancellation Claim The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Crystal Mickler and Hal Whitlock stated concerns regarding the Warmington Homes project and asked the Councilmembers to go look at the houses being constructed behind their homes. He asked that the Planning Division and Planning Commission look at this project again. He stated that one-story homes would be acceptable. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried that the following items under the Consent Calendar be approved, by the following Roll Call Vote: Ayes: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland Velasco and AI Pinheiro: Minutes of the Special Council Meeting of April 26 and the Regular Council Meeting of May 3, 2004; Budget Amendments/Transfers as recommended; Cancelled the City Council meeting for August 16,2004; Denied claim of Dan Nicosia; Naming Policy Approved the City of Gilroy Parks or Recreation Facilities Naming, Conununityand Memorial Contribution, and Gift and Sponsorship Policy; ) 8242 Res.2004-41 Adopted Resolution No. 2004-41 approving amendments to SHE 02-02, a market-rate senior housing exemption from the Residential Development Ordinance, and RD 01-07, an approval of 80 apartment units under the Residential Development Ordinance, APN 808-01-012, Orchard Valley Communities; ) RESOLUTION NO. 2004-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AMENDMENTS TO SHE 02-02, A MARKET-RATE SENIOR HOUSING EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, AND RD 01-07, AN APPROVAL OF 80 APARTMENT UNITS UNDER THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 808-01- 012, ORCHARD VALLEY COMMUNITIES. PASSED AND ADOPTED this 17th day of May, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERS: NONE Res.2004-42 Adopted Resolution No. 2004-42 approving GP A 03-02, an amendment to the text of General Plan Section 26, Noise, Figure 8-3, regulating permissible maximum outdoor noise levels and Policy 26.05, Earth Berms, regarding the use of soundwalls; RESOLUTION NO. 2004-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GP A 03-02, AN AMENDMENT TO THE TEXT OF GENERAL PLAN SECTION 26, NOISE, FIGURE 8-3, REGULATING PERMISSffiLE MAXIMUM OUTDOOR NOISE LEVELS AND POLICY 26.05, EARlli BERMS, REGARDING THE USE OF SOUNDW ALLS. PASSED AND ADOPTED this 17th day of May, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2004-43 Adopted Resolution No. 2004-43 approving a 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. RESOLUTION NO. 2004-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A 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. PASSED AND ADOPTED this 17th day of May, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Bid-Santa Teresa The City Administrator presented a recommendation to award the bid for the Widening Santa Teresa Boulevard Widening Project, Project No. 04-CDD-128, to Granite Project Construction in the amount of $7,448,458.00. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to award the bid for the Santa Teresa Boulevard Widening Project, Project No. 04-CDD-128, to Granite Construction in the amount of $7,448,458.00. Pub.Hearing CSCDA 8243 The Mayor stated it was the time and place scheduled for a Public Hearing as required by Section 147(f) of the Internal Revenue Code regarding the proposed issuance by the California Statewide Communities Development Authority of its revenue bonds in one or more series in an amount not to exceed $550,000,000 to be used by the Daughters of Charity Health System or its affiliates to finance or refinance the cost of acquisition, constIUction, improvement, equipping, renovation, rehabilitation, remodeling and other capital projects on or about the campus of the health facility operated by Saint Louise Regional Medical Center and located at or near 9400 No Name Uno, Gilroy, California and of the health facilities of the Corporation and other of its affiliates located elsewhere in California. The staff report was noted and further explained by the City Administrator. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Res. 2004-44 Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to adopt Resolution No. 2004-44 approving a tax-exempt bond financing to be issued by the California Statewide Communities Development Authority to benefit Daughters of Charity Health System and certain affiliates. Pub. Hearing Z 04-03 \ Z 03-14A RESOLUTION NO. 2004-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A TAX-EXEMPT BOND FINANCING TO BE ISSUED BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT DAUGHTERS OF CHARITY HEALTH SYSTEM AND CERTAIN AFFILIATES. PASSED AND ADOPTED this 17th day of May, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The Mayor noted it was the time and place scheduled for a Public Hearing on a Zone Change text amendment to Section 40 (Home Occupations) of the City of Gilroy Zoning Ordinance, to allow under specific circumstances, an employee to work out of a home in which he/she does not reside. Mark Zappa, applicant, Z 04- 03. The staff report was noted and further explained by Planner II Polubinski. The Mayor opened the Public Hearing. Mark Zappa noted that he requested two employees originally, but understands the limitation to one employee. He noted signatures of his neighbors in support of his request. He thanked the Council for their consideration. The Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Correa and carried ( Councilman Velasco voting no) to direct staff to prepare an ordinance approving Z 04-03, allowing one employee. The Mayor noted an Ordinance, of the City Council of the City of Gilroy approving an application for a change in zoning designation from R2/R3/C3 (Two- Family ResidentiallMedium Density Residential/Shopping Center Commercial) to R2/R3/C3-PUD (Two-Family ResidentiallMedium Density Residential/Shopping Center Commercial- Planned Unit Development) on approximately 14.47 acres located on the north side of Cypress Court, west of Juniper Drive, APNs 808-01- 012,015 and 808-02-033, Orchard Valley Communities, applicant, Z 03-14A 824,4 Motion was made by Councilman Dillon, seconded by Councilman Morales 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 Valiquette, seconded by Councilman Correa and carried to introduce an Ordinance of the City Council of the City of Gilroy approving Z 03-14A. Z 03-14B The Mayor noted an Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from C3-PUDIPO- PUD/R-4 (Shopping Center Commercial - Planned Unit DevelopmentlProfessional Office - Planned Unit Development/High Density Residential) to C3IP0/R3-PUD (Shopping Center Commercial/Professional Office/Medium Density Residential - Planned Unit Development) on approximately 13 acres located at the southeast corner of Wren Avenue and First Street, APNs 808-12-011,026,027,028 and 808-08-011, Oak Commons/O'Brien Group, applicant, Z 03-14B Motion was made by Councilman Dillon, seconded by Councilman Morales 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 Morales, seconded by Councilman Valiquette and carried (Councilman Gartman voting no) to introduce an Ordinance of the City Council of the City of Gilroy approving Z 03-14B. Res. 2004-45 Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilman Gartman voting no) to adopt Resolution No. 2004-45 approving M 02-12, an application for approval ,of the City of Gilroy Agricultural Mitigation Policy to implement General Plan EIR partial mitigation Measure 4.4-A for Significant Environmental Impact on Agricultural Uses. RESOLUTION NO. 2004-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING M 02-12, AN APPLICATION FOR APPROVAL OF THE CITY OF GILROY AGRICULTURAL MITIGATION POLICY TO IMPLEMENT GENERAL PLAN EIR PARTIAL MITIGATION MEASURE 4.4-A FOR SIGNIFICANT ENVIRONMENTAL IMP ACT ON AGRICULTURAL USES. PASSED AND ADOPTED this 17th day of May, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE Res.2004-46 Motion was made by Councilman Valiquette, seconded by Councilman Morales and carried (Councilman Gartman voting no) to adopt Resolution No. 2004-46 approving M 02-08, an application for approval of the California Environmental Quality Act ("CEQA") Threshold Study to adopt specific local standards of significance for environmental review. RESOLUTION NO. 2004-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING M 02-08, AN APPLICATION FOR APPROVAL OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") THRESHOLD STUDY TO ADOPT SPECIFIC LOCAL STANDARDS OF SIGNIFICANCE FOR ENVIRONMENTAL REVIEW. PASSED AND ADOPTED this 17th day of May, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE SCRWA 4-27-04 8245 , The following informational items were noted with no separate discussion on same: Legislation: Letter to Assemblyman Manny Diaz in support of AB 2883 (Santa Clara Valley Water District. Customer Service: Note of thanks from Linda Estill to Susan Voss for her assistance and guidance; Letter of thanks from Leo A. Tirado to John Greenhut for his assistance in the permitting process for the Aviary Exhibit at Bonfante Gardens; and Letter from Carol Bannister to Bob Connelly requesting to place a "bag rack" at the Gilroy Golf Course in memory of Bill Lane. Informational items: Article in "Out & About-The Valley dated May 2004 entitled Building Permits - Why You Need Them; State of California Department of Finance Official State Population Estimates as of January 1, 2004; and Gilroy Economic Development Corporation minutes of April 2, 2004. The minutes of the South County Regional Wastewater Authority meeting of April 27, 2004 were noted. The City Administrator noted the June 1,2004 Study Session on the Open Space Authority and requested to move it to 7:00 p.m., which Council agreed to. He shared a status report on grant applications. The City Attorney noted that she would have information on the Business Improvement District for the June 14,2004 study session. She stated that she would set a closed session soon to review the two law suits recently filed against the City of Gilroy. Councilman Dillon remarked on the good job the Police Department and School District did on the lock-down issue at the High School on Friday. Councilman Morales agreed with Councilman Dillon's remarks regarding the issue on Friday. He stated that he attended the League of California Cities meeting in Sacramento last week to support the LOCAL initiative on the City of Gilroy's behalf He noted that he also met with the Wilson Group, our lobbyists, who are assisting the City of Gilroy with grants. Councilman Correa noted that he attended the League meeting in Sacramento last week with Councilman Morales. He also noted that he is the representative on the Coyote Valley Specific Plan and will attend a meeting on Wednesday if anyone has any comments. Councilman Velasco stated that he would like to add an agenda item to the May 24,2004 meeting regarding the School District briefing the Council on their standard procedures during an emergency school lock -down. Councilman Gartman echoed the comments made regarding Friday's events. He noted that the Memorial Day events are coming up, and that they are still accepting applications for the parade. 8246 Adjournment The Mayor thanked everyone for their quick responses when he sends out an Email, and he stated that he appreciates their help on short notice. ' He commented that he asked the City Administrator to send out an Email thanking the Police Department for their good work on Friday. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 MAY 2004 17 Study Session - Discussion on the Downtown Specific PlanlUnreinforced Masonry/ South Valley Disposal Refuse Rates - 5:30 p.m., Gilroy City Council Chambers 17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 18 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 24 Ouarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., Gilroy City Council Chambers 25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED) JUNE 2004 1 Study Session - Open Space Authority - 6:00 p.m., Willey House, 140 Fifth Street, Gilroy (CHANGED TO 7:00 P.M.) 7 Study Session - High Speed Rail- 6:00 p.rn., Gilroy City Council Chambers 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 (CANCELLED) 8 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 11 Council Mini-Retreat - 8:00 a.m., Corporation Yard, 613 Old Gilroy Street, Gilroy 14 Workshop - Downtown Task Force - 6:00 p.m., Gilroy City Council Chambers 15 Neighborhood District Task Force -7:00 p.m., Gilroy Senior Center 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 JULY 2004 6*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 13 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 13 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 20 Neighborhood District Task Force - 7:00 p.rn., Gilroy Senior Center 27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy At 8:34 p.m. the Mayor adjourned the meeting to the meeting of June 7,2004. Respectfully submitted, }/~ / ] /\ IUYLvl~~ V-!:/. &^ /s/ '-, RHONDA PELLIN, CMC City Clerk