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Minutes 2003/12/15 L 8165 New Employee The following new employee was introduced: Joe Alvarez, Multi-Service Officer, Police Department. Under Orders of the Day, the Mayor announced that he would be adding a presentation of the Employee of the Month of December, 2003 to the agenda. Present: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland Velasco, and Al Pinheiro - 7:00 p.m. The City Clerk noted that the agenda had been posted on December 10, 2003 at 9:30 a.m. Pastor Dennis Nichols, South Valley Community Church, gave the Invocation. The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting December 15, 2003 Gilroy, California Roll Call Posting Agenda Invocation 8166 Employee Award The Mayor presented the Employee of the Month award for December, 2003 to Rhonda Pellin, City Clerk, Administration Department. 2003 Purchase The Mayor noted the presentation of the 2003 Purchase Award - art piece Award entitled "Thomas Road" by artist Frances Zurek. Gilroy Historical The Mayor noted a presentation by the Gilroy Historical Society Board of a Society new Gilroy history book to the Councilmembers and City Administrator. Vol. Award The Mayor presented the Volunteers ofthe Month of November, 2003 award to the Fire Department Volunteers. Vol. Award The Mayor presented the Volunteers of the Month of December, 2003 award to the Historical Society. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Thomas Muniz spoke regarding a proposed northeast industrial park proposal. Chris Cote distributed information on a proposed ordinance on new clean energy technologies. Consent Calendar Motion was made by Councilman Valiquette, seconded by Councilman Morales and carried that the following items under the Consent Calendar be approved, with two minor changes to Item III.A. page 9 adding "Mayor Pinheiro called the meeting to order." and removing the name of Al Pinheiro in the roll call, since it was included twice, by the following Roll Call Vote: Ayes: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland Velasco and Al Pinheiro: Minutes Minutes of the Regular Council Meeting of December 1,2003 as amended; Budget Budget Amendments/Transfers as recommended; Ord. 2003-24 Adopted Ordinance No. 2003-24 approving an application for a change in zoning designation from Rl (Single Family Residential) to Rl/PUD (Single Family Residential Planned Unit Development) on approximately 1.9 acres on the west side of Church Street across from Woodworth Way, APN 790-16-061, Mark Hewell, applicant, Z 03-02. ORDINANCE NO. 2003-24 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 Rl/PUD (SINGLE F AMIL Y RESIDENTIAL PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 1.9 ACRES ON THE WEST SIDE OF CHURCH STREET ACROSS FROM WOODWORTH WAY, APN 790-16-061, MARK HEWELL, APPLICANT, Z 03-02. PASSED AND ADOPTED this 15th day of December, 2003, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Arts & Culture Kermit DeLaurant, Chair of the Arts & Culture Commission, reported on Com.Report the past six months work of the Commission, including work with the Public Art Committee and the Cultural Facility Task Force. Karen LaCorte presented the current status of "funding for public art" in the surrounding metropolitan areas. Pub.Hearing Z 03-15 Pub.Hearing TM 02-11 Pub. Hearing TM 01-07 Pub.Hearing GPA 03-02 8167 The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Zone Change request to rezone 19.2 acres from Al (Agriculture) to Rl - PUD (Single Family Residential- Planned Unit Development) on property located between Miller Avenue and Mesa Road, north of Thomas Road, at Santa Teresa Boulevard. Mesa Ridge Investors, LLC, applicant, Z 03-15. Karen Christopher asked three things of the City Council, that they 1) review the Planning Commission meeting videos of November and December, 2) honor the recommendation for continuance, and 3) consider any written documentation that she will send to you. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to continue Z 03-15 to the meeting of January 20,2004, due to continuance at the Planning Commission. The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Tentative Map request to subdivide 19.2 acres into 60 single family residential lots on property zoned Al (Agriculture) located between Miller Avenue and Mesa Road, north of Thomas Road, at Santa Teresa Boulevard. Mesa Ridge Investors, LLC, applicant, TM 02-11. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to continue TM 02-11 to the meeting of January 20, 2004, due to continuance at the Planning Commission. The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to sub-divide 3.30 acres into 13 single family residential lots, on property zoned Rl (Single Family Residential), located at 940 Sunrise Drive. Fernando Rocha, applicant, TM 01-07. The Mayor recused himself from discussion and action on this item due to being a relative of the applicant, stepped down from the dais and left the room. The staff report was noted and further explained by Planner II Polubinsky. Mayor Protempore Velasco opened the Public Hearing. Gerry DeYoung requested clarification regarding easements required through surrounding properties. Mayor Protempore Velasco closed the Public Hearing. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilman Gartman voting no and Mayor Pinheiro absent) to approve the Mitigated Negative Declaration, finding that (a) it is completed in compliance with CEQ A; (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 Morales and carried (Councilman Gartman voting no and Mayor Pinheiro absent) to direct staff to prepare a resolution approving TM 01-07. The Mayor returned to his seat at the dais. The Mayor stated it was the time and place scheduled for a Public Hearing on a General Plan text amendment to Section 26, Noise. Specific changes to Figure 8-3, titled "Permissible maximum Outdoor and indoor Noise Levels" and Section 26.05, titled "Earth Berms." City of Gilroy, applicant, GPA 03-02. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried to continue this item to the meeting of March 15,2004 for approval of the environmental document. 8168 Public Art Committee The Mayor noted a request for removal of a Public Art Committee member. Motion was made by Councilman Velasco, seconded by Councilman Gartman and carried to remove Camille McCormack from the Public Art Committee and recruit to fill the vacancy. Paul Correa The Mayor noted an Email of resignation from Paul Correa, Planning Commission member. Russ Valiquette Motion was made by Councilman Valiquette, seconded by Councilman Gartman and carried to accept the resignation with regrets and to include the vacancy in the current recruitment/application period. The Mayor noted a letter of resignation from Russ Valiquette, Planning Commission member. Motion was made by Councilman Correa, seconded by Councilman Gartman and carried to accept the resignation with regrets and to include the vacancy in the current recruitment/application period. Board and The Mayor noted appointment of Board Members and Commissioners for Commission terms expiring December 31,2003 and Unexpired Vacancies. Appointments Investment Policy Motion was made by Councilman Velasco, seconded by Councilman Dillon and carried to appoint the following board members and commissioners: Arts and Culture Commission: Judy Lazarus (term to expire 12-31-07) Library Commission: Eileen Kopp (term to expire 12-31-07) Joyce Taylor (term to expire 12-31-05) Building Board of Appeals: Samuel P. Kekaha, Jr. (term to expire 12-31-07) Physically Challenged Board of Appeals: Sherrean Carr (term to expire 12-31-07) Public Art Committee: Roberta Jones (term to expire 12-31-05) Motion was made by Councilman Gartman, seconded by Councilman Dillon and carried to appoint the following board members and commissioners: Parks and Recreation Commission: Rebeca Armendariz (term to expire 12-31-06) Sam Bozzo (term to expire 12-31-07) Bruce Williams (term to expire 12-31-07) Planning Commission: Dion Bracco (term to expire 12-31-05) Tim Day (term to expire 12-31-07) Ermelindo Puente (term to expire 12-31-04) Joan M. Lewis (term to expire 12-31-07) Bicycle/Pedestrian Advisory Board: Thomas A. Muniz (term to expire 12-31-05) Humberto "Bert" Rangel (term to expire 12-31-05) Anthony Rosso (term to expire 12-31-05) Sherri Stuart (term to expire 12-31-05) The Mayor noted adoption of the City of Gilroy Investment Policy for 2004. Administrative Services Director Dorn gave the annual report on the City of Gilroy Investment Policy, and reviewed the monthly Investment Report. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to adopt the City of Gilroy Investment Policy for 2004, with one change in Section I.A.2. regarding Liquidity. 8169 Ag Task Force The Mayor noted a recommendation that the City Council retain the existing members of the Agricultural Mitigation Task Force to complete the process. Motion was made by Councilman Velasco, seconded by Councilman Dillon and carried to retain the existing members of the Agricultural Mitigation Task Force (with Peter Arellano becoming a representative of the public-at-large), and to review during the Council retreat in January whether appointment of a Councilmember to the Task Force would be needed. SPE 03-07 The Mayor noted a Small Project Exemption request to allot 6 single family homes on property zoned R-l (Single Family Residential) located at 8810 Kern Avenue. Neil Mussallem, applicant, SPE 03-07. The staff report was noted and further explained by Planner II Polubinsky. Motion was made by Councilman Velasco, seconded by Councilman Valiquette and carried to direct staff to prepare a resolution approving SPE 03-07. RD 01-21 The Mayor noted a request to revise the Oak Commons RDO approval from 160 attached residential units to 137 detached units on property zoned RI-C3-PO- PUD (High Density Residential/Shopping Center CommerciallProfessional Office/Planned Unit Development) located at the southeast corner of First Street and Wren Avenue. O'Brien Group, applicant, RD 01-21. The staff report was noted and further explained by Planner II Polubinsky. Eric Keller, O'Brien Group, explained why they are asking for a change in this application, noting the modifications proposed. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving RD 01-21. A/S 03-37 The Mayor noted an Architectural & Site, Planned Unit Development request to allow the construction of3 single family homes on property zoned RI-PUD (Single Family ResidentiallPlanned Unit Development) located at the southwest corner of Church Street and Farrell Avenue. Red Line Corporation c/o Neil Mussallem, applicant, A/S 03-37. The staff report was noted and further explained by Planner II Durkin. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilmembers Gartman and Valiquette voting no) to direct staff to prepare a resolution approving A/S 03-37. The following informational items were noted with no separate discussion on same: Customer Service: Email noting call of thanks from Cathy Bouchey regarding the two City employees who efficiently cleared her plugged sewer line. Informational items: City of Gilroy Investment Report dated October, 2003; Letter from Congressman Mike Honda regarding office hours at the Senior Center; Letter to Neelima Palacherla, LAFCO, regarding the November 2003, Draft Countywide Fire Protection Service Review Report; Gilroy Economic Development Corporation minutes of November 7,2003; and Letter from Charter Communications regarding Franchise Fee Pass Through. 8170 A& C Com. 11-12-03 Public Art Committee P & R Com. 11-18-03 Bicycle Trail The report of the Arts and Culture Commission meeting of November 12, 2003 was noted. The Mayor noted a recommendation to appoint a member to the Public Art Committee, and noted that Roberta Jones was appointed to the Public Art Committee previously in this meeting. The report of the Parks & Recreation Commission meeting of November 18, 2003 was noted. The Mayor noted a recommendation from the BicycleIPedestrian Advisory Board regarding protection of the future Ronan Channel Class I Bicycle Trail. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to direct the Planning Division to incorporate suggestions by the Bicycle Pedestrian Advisory Board into design criteria for this area, with one minor change by the Planning Division regarding truck docks. The City Administrator distributed an article regarding the opticon devices on the signal lights. He distributed the Economic Development Grant Program information regarding Downtown and the changing of the rules at the last moment for the EDA grant. He distributed guidelines to implement the contract for Regency and Newman regarding sales tax and economic incentives. He asked whether all the Councilmembers received the new Glen Loma processing schedule. He distributed the tentative agenda for the Council retreat. He announced that on January 12,2004, staffwill provide an update on current projects starting at 6:00 p.m., to be held in the Senior Center Main Hall. For the Council retreat, he distributed the DISC behavior profile, and asked that it be returned to the City Clerk by Friday. He gave an update on a VLF "talking point" document. He distributed a letter to Assemblymember Simon Salinas, noting that he voted against the backfill. He noted a letter from the Wilson group offering assistance with the Library grant that was in a previous packet, and stated that the City has decided to hire the firm to assist the City of Gilroy in reviewing the application. The City Attorney wished everyone a Merry Christmas and Happy Holidays. Councilman Dillon spoke regarding the issue of the opticon abusers. He wished everyone a Merry Christmas and Happy New Year and to Avoid the 13. Councilman Morales wished everyone a Merry Christmas and a prosperous New Year. He commented on St. Joseph's and other organizations that need your help. Councilman Correa wished everyone a Merry Christmas and Happy Holiday season. Councilman Valiquette wished everyone a Merry Christmas and Happy New Year. He congratulated the Mayor on doing a good job for his first meeting. Councilman Gartman wished everyone happy holidays. Councilman Velasco commented on the sensor issue regarding a school bus and the traffic lights. He noted that he is tracking the VLF issue, noting that the City of Cerritos is considering a law suit. He asked staff to look at the City of Cerritos and their law suit. The Mayor noted that he has not yet received a response regarding the letter sent to Assemblymember Simon Salinas regarding his vote on the VLF backfill. He wished the community a Merry Christmas and a safe and Happy New Year. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 8171 DECEMBER 2003 15 Study Session to Review and Approve Redesign Documents and Draft Master Plan Update Alternatives for the new Police Facility - 6:00 p.m., Gilroy City Council Chambers 15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 16 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED) JANUARY 2004 5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 12 Joint City Council/Planning Commission Workshop on the Glen-Loma Ranch Specific Plan - 6:30 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 14 Ag Mitigation Task Force -7:00 p.m., Gilroy City Council Chambers 16 Annual Retreat - 8:00 a.m. to 5:00 p.m., Hilton Garden Inn, 6070 Monterey Street, Gilroy, (dinner at 6:00 p.m. -location to be determined) 17 Annual Retreat - 8:00 a.m. to 1 :00 p.m., Hilton Garden Inn, 6070 Monterey Street, Gilroy 20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 26 Study Session - Master PlanslNexus Study Review - 6:00 p.m., Gilroy City Council Chambers 27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 27 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 28 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers FEBRUARY 2004 2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 9 Workshop for CouncilmemberslBoardmembers/Commission Members on the Brown Act. Conflict oflnterest. and Meeting Procedure - 6:30 p.m., City Council Chambers 10 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 10 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 11 Ag Mitigation Task Force -7:00 p.m., Gilroy City Council Chambers 17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 24 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 25 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers Closed At 10: 03 p.m., the Mayor adjourned the meeting to a closed session. Session CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: 7353 & 7355 Monterey Street, Gilroy, California (Marko & Klara Gera) APN 799-08-039 & 799-08-040 7347 Monterey Street, Gilroy, California (Gin L. & Leung K. Dong) APN 799-08-041 7341 Monterey Street, Gilroy, California (Salvation Army) APN 799-08-042 & 043 7301 Monterey Street, Gilroy, California (George Besson Jr. Trustee) APN 799-08-044 57 & 67 W. Seventh Street, Gilroy, California (Oyao Baleriana) APN 799-08-045 & 046 7310, 7320, 7330, 7350 and 7360 Eigleberry Street, Gilroy, California (Marko & Klara Gera) APN 799-08-047,048,049,050,051 & 060 Agency Negotiator: Jay Baksa Negotiating Parties: City of Gilroy and above property owners Matter Under Negotiation: Acquisition / price and terms of payment Adjournment At 10:35 p.m. the Mayor reconvened the meeting and announced that no action had been taken in the Closed Session, and further adjourned the meeting to the next regularly scheduled meeting of January 5, 2004. ~~A.:.j.......~ RHONDA PELLIN, CMC City Clerk