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Minutes 2004/01/05 8172 Posting Agenda Roll Call Board/Com. Members Regular Meeting January 5,2004 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The City Clerk noted that the agenda had been posted on December 31, 2003 at 8:35 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. Under Orders of the Day, the Mayor noted an item to add to the agenda after the Consent Calendar regarding approval of the Glen Loma Ranch Street Improvements to the School Site. The Mayor introduced and the City Clerk swore in the following new Board Commission and Committee members: Judy Lazarus, Arts and Culture Commission Joyce Taylor, Library Commission Rebeca Armendariz, Parks and Recreation Commission Sam Bozzo, Parks and Recreation Commission Bruce Williams, Parks and Recreation Commission Dion Bracco, Planning Commission Tim Day, Planning Commission Ermelindo Puente, Planning Commission Samuel P. Kekaha, Jr., Building Board of Appeals Thomas A. Muniz, BicycleIPedestrian Advisory Board Humberto "Bert" Rangel, BicycleIPedestrian Advisory Board The following new Board and Committee members Anthony Rosso, BicycleIPedestrian Advisory Board and Roberta Jones, Public Art Committee were not present for introduction. Retired Board! The Mayor presented a certificate of service to the following Commission Commission members: & Committee Members Ermelindo Puente, Parks and Recreation Commission Paul Correa, Planning Commission Russ Valiquette, Planning Commission Tree Lined Streets Consent Calendar The following Board, Commission, and Committee members Caryn Smith, Arts and Culture Commission; Shawn Weymouth, Parks and Recreation Commission; Belinda Allen, Planning Commission; Mike Amaral, Bicycle/ Pedestrian Advisory Board; Mike Schaut, BicycleIPedestrian Advisory Board; Al Slechta, BicycleIPedestrian Advisory Board; and Camille McCormack, Public Art Committee were not present to accept their certificate. The Mayor noted a presentation by Phil Buchanan on a possible task force to study tree lined streets. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to add this item to the City Council retreat agenda. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. There was no comment from the audience. 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 Al Pinheiro: 8173 Minutes Minutes of the Regular Council Meeting of December 15, 2003 as amended; Res.2004-0 1 Adopted Resolution No. 2004-01 authorizing the submittal of an application to the California State Library Bond Act of 2000 for a Local Library Construction Grant. RESOLUTION NO. 2004-01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE LffiRARY BOND ACT OF 2000 FOR A LOCAL LffiRARY CONSTRUCTION GRANT. PASSED AND ADOPTED this 5th day of January, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2004-02 Adopted Resolution No. 2004-02 approving RD 01-21, a revised application to change the Oak Commons approval RD 01-21 under the Residential Development Ordinance from 163 attached single-family homes to 137 detached single-family homes on the east side of Wren Avenue, south of First Street, APNs 808-08-011, 808-12-027 and 028. The O'Brien Group, applicant. RESOLUTION NO. 2004-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING RD 01-21, A REVISED APPLICATION TO CHANGE THE OAK COMMONS APPROVAL RD 01-21 UNDER THE RESIDENTIAL DEVELOPMENT ORDINANCE FROM 163 ATTACHED SINGLE-FAMILY HOMES TO 13 7 DETACHED SINGLE-FAMILY HOMES ON THE EAST SIDE OF WREN AVENUE, SOUTH OF FIRST STREET, APNS 808-08-011, 808-12-027 AND 028. THE O'BRIEN GROUP, APPLICANT. PASSED AND ADOPTED this 5th day of January, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2004-03 Adopted Resolution No. 2004-03 approving TM 03-01, a Tentative Map to subdivide an approximately 1.9 acre site into 11 single-family residential lots located on the west side of Church Street across from Woodworth Way, APN 790-16-061. Mark Hewell, applicant. RESOLUTION NO. 2004-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 03-01, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 1.9 ACRE SITE INTO 11 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED ON THE WEST SIDE OF CHURCH STREET ACROSS FROM WOODWORTH WAY, APN 790-16-061. MARK HEWELL, APPLICANT. PASSED AND ADOPTED this 5th day of January, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res. 2004-04 Adopted Resolution No. 2004-04 approving A/S 03-20, an application for L \L \-' Architectural and Site approval of a Planned Unit Development (PUD) for an 11- unit residential subdivision on approximately 1.9 acres on the west side of Church Street across from Woodworth Way, APN 790-16-061. Mark Hewell, applicant. RESOLUTION NO. 2004-04 8174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 03-20, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR AN II-UNIT RESIDENTIAL SUBDIVISION ON APPROXIMATELY 1.9 ACRES ON THE WEST SIDE OF CHURCH STREET ACROSS FROM WOODWORTH WAY, APN 790-16-061. MARK HEWELL, APPLICANT. PASSED AND ADOPTED this 5th day of January, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2004-05 Adopted Resolution No. 2004-05 approving SPE 03-07, an application for a Small Project Exemption from the Residential Development Ordinance, APN 790- 19-089, Hacienda Del Sol/Neil Mussallem, applicant. RESOLUTION NO. 2004-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 03-07, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 790-19-089, HACIENDA DEL SOL/NEIL MUSSALLEM, APPLICANT. PASSED AND ADOPTED this 5th day of January, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Budget Budget Amendments/Transfers as recommended; and Surplus Declared equipment as surplus. Accept Impr. Glen Loma Ranch Street Improvements Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to add an item to the agenda for the Glen Loma Ranch Street Improvements to the School Site per GC54954.2(b)(2) in that the need for immediate action arose after the agenda had been posted and the City was unaware of the need for immediate action. The Mayor noted an item to be added to the agenda for the Glen Loma Ranch Street Improvements to the School Site. Motion was made by Councilman Valiquette, seconded by Councilman Morales and carried to accept the improvements for the Glen Loma Ranch Street Improvements to the School Site. Parks and Rec. Denise Jungling, Parks and Recreation Commission, gave a report on the Parks Com. Report and Recreation Commission noting that the Sports Park will begin construction this spring. She noted that construction of Sunrise Park will also begin this spring, along with Carriage Hills Park and Los Arroyos Park. She stated the Solorzano Gym was built in conjunction with the Gilroy Unified School District. She commented that the Uvas Creek pedestrian trail is complete from Laurel Drivl~ to Santa Teresa Boulevard. She stated that property acquisition negotiations an~ continuing for the new Cultural Center. She explained that they are researching the feasibility for establishing a non-profit foundation for the Community Services Department. She noted downtown improvements that the Commission would like the City to consider. In answer to a question, she noted that they are planning tours of bicycle parks in the area. The Mayor recused himself from discussion and action on the next item due to being a relative of the applicant, stepped down from the dais and left the room. 8175 Res.2004-06 Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilman Gartman voting no and Mayor Pinheiro absent) to adopt Resolution No. 2004-06 approving TM 01-07, a Tentative Map to subdivide an approximately 2.9 acre site into a 13-parcel residential subdivision located at 940 Sunrise Drive, APN 783-20-047. RESOLUTION NO. 2004-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 01-07, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 2.9 ACRE SITE INTO A 13-PARCEL RESIDENTIAL SUBDIVISION LOCATED AT 940 SUNRISE DRIVE, APN 783-20-047. PASSED AND ADOPTED this 5th day of January, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE, and VELASCO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: PINHEIRO The Mayor returned to his seat at the dais. Res.2004-07 Motion was made by Councilman Morales, seconded by Councilman Correa and carried (Councilmembers Gartman and Valiquette voting no) to adopt Resolution No. 2004-07 approving A/S 03-37, an application for Architectural and Site approval of a Planned Unit Development (PUD) for three single-family homes on a 16,093 square foot portion of approximately 7.14 acres on the west side of Church Street, south of Farrell Avenue, APN 790-47-061, Red Line Corporation, applicant. RESOLUTION NO. 2004-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 03-37, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR THREE SINGLE-F AMIL Y HOMES ON A 16,093 SQUARE FOOT PORTION OF APPROXIMATELY 7.14 ACRES ON THE WEST SIDE OF CHURCH STREET, SOUTH OF FARRELL AVENUE, APN 790-47-061, RED LINE CORPORATION, APPLICANT. PASSED AND ADOPTED this 5th day of January, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN and VALIQUETTE ABSENT: COUNCILMEMBERS: NONE The following informational items were noted with no separate discussion on same: Customer Service: Email of thanks from Brock Prather to all those who contributed to the Ochoa After School Santa's program; and Letter of thanks from Steve Smith, Gavilan College, to Officer Mark Tarasco for agreeing to guest lecture recently at Gavilan College. Informational items: Letter from Susan Wong, Department of Transportation, regarding concurring with VTA's recommendation not to construct a sound wall on the west side of US 101 (near the Corporation Yard); SB 165 compliance report for CFD No. 2000-1 (Highway 152); Letter from Carl Guardino, Silicon Valley Manufacturing Group, thanking Mayor Pinheiro and City Administrator Jay Baksa for meeting with him to share their public policy priorities; 8176 A& C Com. 11-12-03 Library Com. 11-12-03 P&RCom. 11-18-03 Sr.Adv.Bd. 11-17-03 SCRWA 11-12-03 Youth Com. 11-10-03 Youth Com. 12-8-03 Member Removal Letter from Mel Martinez, U. S. Department ofHUD, regarding new HUD Rule on Faith-Based Organizations and Activities; and Gilroy Economic Development Corporation minutes of December 12, 2003. The minutes ofthe Arts and Culture Commission meeting of November 12, 2003 were noted. The minutes of the Library Commission meeting of November 12,2003 were noted. The minutes of the Parks & Recreation Commission meeting of November 18, 2003 were noted. The minutes of the Gilroy Senior Advisory Board meeting of November 17, 2003 were noted. The minutes of the South County Regional Wastewater Authority meeting of November 12, 2003 were noted. The minutes of the Gilroy Youth Commission meeting of November 10, 2003 were noted. The report of the Gilroy Youth Commission meeting of December 8,2003 was noted. The Mayor noted a request for removal of Youth Commission member and recruit for replacement. Motion was made by Councilman Dillon, seconded by Councilman Valiquette and carried to remove Youth Commission member Danika Vogel and recruit for her replacement. City Administrator Protempore Dorn distributed the new Councilmember orientation agenda, noting that the orientation may have to be rescheduled. He distributed the City Council retreat agenda items and also the January 12 workshop agenda items. The City Attorney noted that she was directed to look into the possibility of joining a lawsuit with other League of California cities regarding the VLF backfill issue, which has been resolved due to the governor's backfill promises at this time. She noted that she received an Email from the League inviting cities to be on a list in case the State Controller does not give the money back. She is determining whether there is any financial commitment from the cities before she adds the City of Gilroy to the list. Councilman Dillon stated that he hoped everyone had a Happy New Year. He noted that Corey McCarthy was visiting here over the holidays. Councilman Morales stated that he hopes everyone has a prosperous year. Councilman Velasco asked that Phil Buchanan's request is agendized for the Council retreat. He questioned whether there is a list or if the City would need to recruit for a Youth Commissioner. He thanked the museum staff and Historical Society for this past Saturday's presentation on the impact that they would see if the tier cuts had to be made. Councilman Gartman wished everyone a Happy New Year. Councilman Valiquette discussed the proposed Police Station. He noted that he and Councilman Dillon met with Morgan Hill staff and discussed the Morgan Hill Police Station vs. the Gilroy Police Station differences. 8177 The Mayor stated that he hoped everyone had great holiday season and wished everyone a prosperous year, The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 JANUARY 2004 5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 12 Study Session - Projects Update - 6:00 p.m., Gilroy City Council Chambers 13 SCRW A 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 Closed Session - 6:30 p.m., Gilroy City Council Chambers 20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 26 Study Session - Master Plans/Nexus Study Review - 6:00 p.m., Gilroy City Council Chambers 27 SCRWAMeeting -7:30 a.m., 1500 SouthsideDrive, 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 Councilmembers/Boardmembers/Commission Members on the Brown Act. Conflict oflnterest. and Meeting Procedure - 6:30 p.m., City Council Chambers 10 SCRW A 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 23 Joint City CouncillPlanning Commission Study Session - Cffi - 6:00 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 MARCH 2004 1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 Joint City Council/Planning Commission Study Session - Hecker Pass Specific Plan - 6:00 p.m., Gilroy City Council Chambers 9 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 10 Ag Mitigation Task Force - 7:00 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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 24 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center Main Hall Adjournment At 7:32 p.m. the Mayor adjourned the meeting to the meeting of January 20, 2004. Respectfully submitted, ) d ~.,A/t I) L ,/". ',1 ,f /" ? II. /t 1/0\..1 '1..-- C. -t ',-, /s/ RHONDA PELLIN, CMC City Clerk