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Minutes 2004/12/06 8327 Regular Meeting December 06, 2004 Gilroy, California The Mayor led the Pledge of Allegiance to th~ Flag. Pastor Mark Turner, South Valley Community Church, gave the invocation. The City Clerk noted that the agenda had been posted on December 1, 2004 at 2:10 p.m. Roll Call Present: Paul Correa~ Robert T. Dillon~ Craig Gartman~ Charles S. Morales~ Russ Valiquette~ Roland Velasco~ Al Pinheiro. Introductions The following new employee was introduced: Susan Voss, Office Assistant I, Community Services Department. Presentations & Proclamations Employee Award for the Month of November, 2004 The Mayor presented the Employee Award for the Month of November, 2004 to Susan Johnson, Office Assistant II, Administrative Services Department. Proclamation: Jeramy Ailes Day - December 6, 2004 The Mayor presented a proclamation for Jeramy Ailes Day - December 6, 2004 to the Ailes family. Mr. Ailes thanked the community for their support. Presentation of the 2004 "Purchase Award" Frances Morgan Zurek's art piece entitled Afternoon Vista, from the Gilroy Art & Culture Exhibit. The Mayor accepted the 2004 "Purchase Award" by Frances Morgan Zurek, an art piece entitled Afternoon Vista, from the Gilroy Art & Culture Exhibit. Arts and Culture Commission report on activities. Carol Peters, member of the Arts and Culture Commission, gave a report on the on-going projects of the Arts and Culture Commission. She introduced members of the Commission that were present for the meeting. She read a letter from Kermit DeLaurant regarding his service on the Arts and Culture Commission, as he leaves the Commission. Presentations by members of the public for items not on the agenda Chris Cote questioned the WalMart lawsuit and whether the costs of the legal suit would be paid by those who brought the suit, and also whether WalMart would still indemnify the City? The City Attorney explained that WalMart would be paying the costs of the lawsuit. Consent Calendar Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to approve the Consent Calendar. Minutes of the Regular Council Meeting of November 15,2004. Recommendation to Approve Budget Amendments/Transfers. Request for Acceptance ofImprovements, Project No. 04-CDD-132, New Police Facility Construction Staging Area Improvements, Ferma Corporation. Property Improvement Agreement No. 2004-23, Tract 9575 - Carriage Hills III - Phase A- Wild Iris Drive, Santa Clara County New Communities II, L.L.C., APN: 783-52-011. 8328 A Resolution of the City Council of the City of Gilroy approving TM 04-07, a Tentative Map to subdivide an approximately 2.8 acre site into 14 residential lots, a private park site and a private street on Miller Avenue at the southwest corner of Santa Teresa Boulevard and Thomas Road, APNs 810-23-002, 003, The James Group (Masoni Orchard), applicant. RESOLUTION NO. 2004-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 04-07, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 2.8 ACRE SITE INTO 14 RESIDENTIAL LOTS, A PRIVATE PARK SITE AND A PRIVATE STREET ON MILLER A VENUE AT THE SOUTHWEST CORNER OF SANTA TERESA BOULEVARD AND THOMAS ROAD, APNS 810-23-002, 003, THE JAMES GROUP (MASONI ORCHARD), APPLICANT. PASSED AND ADOPTED this 6th day of December, 2004, by the following vote: AYES: COUNCrtMEMBERS: 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 one-year extension for TM 99-11, a Tentative Map to subdivide an approximately II-acre site into 12 single-family hillside lots and one remainder lot for open space dedication located on Vista Del Sur at the end of Rancho Real, APNs 783-03-003, 783-03-070, 783-03-071, and 783-03-072, The Forest of Gilroy L.L.C., applicant. RESOLUTION NO. 2004-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A ONE-YEAR EXTENSION FOR TM 99-11, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY II-ACRE SITE INTO 12 SINGLE-FAMILY HILLSIDE LOTS AND ONE REMAINDER LOT FOR OPEN SPACE DEDICATION LOCATED ON VISTA DEL SUR AT THE END OF RANCHO REAL, APNS 783-03-003, 783-03-070, 783-03-071, AND 783-03- 072, THE FOREST OF GILROY L.L.c., APPLICANT. PASSED AND ADOPTED this 6th day of December, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Hecker Pass Specific Plan A continued Public Hearing on General Plan text amendments and adoption of the Hecker Pass Specific Plan, located on Hecker Pass Highway, west of Santa Teresa Boulevard. Hecker Pass property owners (c/o Jim Hoey), applicant, GPA 02-01. Chris Cote noted the EIR outlines some traffic control measures and remediations that the City can take to alleviate the air quality issues, such as wind power and solar. Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried to continue GPA 02-01 to the meeting of December 20,2004 due to additional legal review and staff work. Hecker Pass Specific Plan A continued Public Hearing on a Zoning Ordinance text amendment to codify provisions of the Hecker Pass Special Use District into the Zoning Ordinance~ and Zoning Map amendment on property located on Hecker Pass Highway, west of Santa Teresa Boulevard, from RH, AI, HC to Hecker Pass Special Use District- PUD. Hecker Pass property owners, applicant, Z 04-04. 8329 Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried to continue Z 04-04 to the meeting of December 20,2004 due to additional legal review and staff work. ----- State Law Enforcement Block Grant Public Hearing on a request to consider a report by the Gilroy Police Department recommending projects/programs for funding under the State Law Enforcement Block Grant monies for the 2004-05 Fiscal Year. 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. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to accept the funding for projects/programs as recommended. 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 (ROO) for the years 2004 through 2013, M 04-08. The staff report was noted and further explained by the City Administrator. Bill Faus explained this request further noting that it would 100 exempt units for the downtown area. The Mayor opened the Public Hearing. Connie Rogers asked that the Council uphold the housing numbers that has been set at 3450. She stated that she supports the infill, downtown units being considered, but noted that this may just be the first of the additional units allocated beyond the 3450. She asked the Council to uphold the 3450 number. The Mayor closed the Public Hearing. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to hold no ROO competition for 2004. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to direct staff to prepare a resolution establishing Numerical Limits for the years 2004 through 2013. Zoning Ordinance An Ordinance of the City Council of the City of Gilroy amending Gilroy Zoning Ordinance Section 50.62 to add a subsection to exempt projects in the General Plan Downtown Commercial area from the provisions of the Residential Development Ordinance, Z 04-13, City of Gilroy, applicant. 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 Correa and carried to introduce an Ordinance of the City Council of the City of Gilroy approving Z 04-13. The James Group A Resolution of the City Council of the City of Gilroy approving A/S 04-37, an application for Architectural and Site approval of a Planned Unit Development (PUD) for a 14-lot single-family subdivision on approximately 2.8 acres located on Miller Avenue at the southwest comer of Santa Teresa Boulevard and Thomas Road, APNs 810-23-002, 003, The James Group (Masoni Orchard), applicant. 8330 Motion was made by Councilman Morales, seconded by Councilman Correa and carried (Council members Velasco and Pinheiro voting no) to adopt Resolution No. 2004-104 approving NS 04-37, an application for Architectural and Site approval ofa Planned Unit Development (PUD) for a 14-lot single- family subdivision on approximately 2.8 acres located on Miller Avenue at the southwest corner of Santa Teresa Boulevard and Thomas Road, APNs 810-23- 002, 003, The James Group (Masoni Orchard), applicant. RESOLUTION NO. 2004-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING NS 04-37, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A 14- LOT SINGLE-FAMILY SUBDIVISION ON APPROXIMATELY 2.8 ACRES LOCATED ON MILLER A VENUE AT THE SOUTHWEST CORNER OF SANTA TERESA BOULEVARD AND THOMAS ROAD, APNS 810-23-002, 003, THE JAMES GROUP (MASON! ORCHARD), APPLICANT. PASSED AND ADOPTED this 6th day of December, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, and VALIQUETTE NOES: COUNCILMEMBERS: VELASCO and PINHEIRO ABSENT: COUNCILMEMBERS: NONE Administrative Citation Penalties Resolution of the City Council of the City of Gilroy setting forth the Administrative Penalty Schedule for certain violations of the Gilroy City Code. The staff report was noted and further explained by City Attorney Callon. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried to adopt Resolution No. 2004-105 setting forth the Administrative Penalty Schedule for certain violations of the Gilroy City Code. RESOLUTION NO. 2004-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING FORTH THE ADMINISTRATIVE PENALTY SCHEDULE FOR CERTAIN VIOLATIONS OF THE GILROY CITY CODE. PASSED AND ADOPTED this 6th day of December, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, and V ALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Chris Cote An Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from Rl (Single Family Residential) to RI-PUD (Single Family Residential-Planned Unit Development) on an approximately 0.61 acre parcel located at 8531 and 8541 Wayland Lane, APNs 790-26-002, 003, Z 04-11, Chris Cote, applicant. 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 Dillon, seconded by Councilman Morales and carried to introduce an Ordinance of the City Council of the City of Gilroy approving Z 04-11. Commissions and Boards Request for removal of Gilroy Youth Commission member. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to remove Kristina DeMarco from the Gilroy Youth Commission. 8331 Motion was made by Councilman Morales, seconded by Councilman Correa and carried to appoint Ismael A. Nava to the Gilroy Youth Commission to fill the vacancy through August 31, 2005. Investment Policy Adoption of the City of Gilroy Investment Policy for 2005 and update on the Treasury. City Treasurer Dorn presented the annual update on the treasury, summarizing the past year's activity. He also reported on the Cost vs. Revenue Analysis of the City's public buildings bonds. He stated that there will be a substantial rebate to the Federal government on the interest gains shown in the Trustee Activity. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to adopt the City of Gilroy Investment Policy for 2005. Safe Haven Program for Newborns A Resolution of the City Council of the City of Gilroy, California, authorizing the City of Gilroy to participate in the Safe Haven Program for Newborns. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to continue this item to January 18, 2005 to allow for discussion at the Council retreat in January, 2005. The following information items were noted with no separate discussion on same: Customer Service: Memorandum of thanks from Cathy Mirelez to Rick Brandini and Chris Orr and the maintenance and landscape crews for cleaning the Willey House interior and exterior prior to the 2004 ..Art & Culture Exhibit". Email of thanks from John Troini to Chief Giusiana and Acting Chief Holden for supporting the community during Jeramy Ailes services. City of Gilroy Investment Report dated October, 2004. Letter of thanks from Marilyn Guerin to Jerry Batrez for completing the requirements for a handicap parking space in front of 8795 Poplar for a citizen. Commission and Board Minutes Minutes of the Arts and Culture Commission meeting of October 5, 2004. Minutes of the BicyclelPedestrian Advisory Board meetings of August 24, 2004 and September 28,2004. Minutes of the Gilroy Gang Task Force meeting of October 29,2004. Minutes of the Parks & Recreation Commission meeting of October 19, 2004. Minutes of the South County Regional Wastewater Authority meeting of October 26,2004. Minutes of the Gilroy Youth Commission meeting of October 11, 2004. City Administrator Consideration of revising the Economic Incentive Program to allow incentives for multi-tenant commercial centers. The City Administrator reviewed the concept of the revisions proposed to the Economic Incentive Program. Lynn Deveau, Land Capital request, stated that she had a good feeling that the Council will consider this economic incentive policy change. She questioned the wording as to when the three year time frame would begin and end. 8332 Council agreed to have staff continue working on this program, and agreed to the concept provided regarding allowing incentives for multi-tenant c~~ll1ercial centers. Possible cancellation of January 3,2005 City Council meeting. The City Administrator noted that there are currently no action items for the January 3, 2005 City Council meeting, and that it may be cancelled. The City Administrator distributed a CD of the Standard Details and Specifications for Council review. City Attorney City Attorney Callon announced that the court had found in the City's favor on the Fonseca lawsuit on the Housing Element. She stated that the court found that the City's Housing Element is adequate under State law. She noted that there is still a trial set for additional areas filed by the petitioners. Council Members Report Councilman Gartman stated that he was proud of our community for the support shown during the services of US. Marine Corps Lance Cpl. Jeramy Ailes and the large number of citizens that paid their respects. Councilman Dillon stated that he agreed with Councilman Gartman regarding the support for the Ailes family, and that he was also proud of our community. He commended the Mayor for following up on the idea proposed by Pat DeLeon. Councilman Morales stated that he agreed with Council members Gartman and Dillon regarding the Ailes family support. He stated that the Gilroy/Eigleberry Neighborhood is sponsoring a toy drive and requested donations. He asked the community's support for the Salvation Army and St Joseph's Center. Mayor's Report The Mayor stated that he appreciated all the support from the Council, especially with the downtown event last weekend. He thanked all the businesses downtown that stayed open and the Gardner Health Services for decorating the front of their building. The Mayor noted the following meetings/ events: *Meeting will be televised on Channel 17 DECEMBER 2004 6 Closed Session - Public Employee Performance Evaluation and Conference with Real Property Negotiators - 5:45 p.m., Gilroy City Council Chambers 6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 13 Interviews for Boards/Commissions - 6:00 p.m., Gilroy City Council Chambers 14 Joint SCRW A/SCVWD Meeting - 10:00 a.m., 1500 Southside Drive, Gilroy 14 Downtown Specific Plan Task Force Meeting - 6:00 p.m., City Council Chambers 20 Closed Session - Conference with Labor Negotiator - 6:00 p.m., Gilroy City Council Chambers 20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 28 SCR W A Meeting - 7 :30 a.m., 1500 Southside Drive, Gilroy JANUARY 2005 3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 12 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 14 Annual Retreat - 8:00 a.m. to 5:00 p.m., Senior Center Meeting Room, 7371 Hanna Street, Gilroy (dinner at 6:00 p.m. -location to be determined) 15 Annual Retreat - 8:00 a.m. to 2:00 p.m., Senior Center Meeting Room, 7371 Hanna Street, Gilroy 18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers I 8333 24 Study Session - Joint City Council/Planning Commission on the Neighborhood District Policy - 6:00 p.m., Gilroy City Council Chambers 25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy FEBRUARY 2005 7 Study Session - HCD Consolidated Plan - 6:30 p.m., 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 9 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 22*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 28*Joint CouncillPlanning Commission Study Session - Review of the 2005 cm - 6:00 p.m., Gilroy City Council Chambers Adjournment The Mayor adjourned the meeting, in memory of U.S. Marine Corps Lance CPL. Jeramy Ailes, to meeting ofDecember~o, 2..0..0...4:-.. . ... '. ]' \.. / / V ..v:; / . __:- _iLI..Z(~__~__~Ld..;_{:fd~___ /s/ RHONDA PELLIN, CMC City Clerk