Loading...
Minutes 2004/06/07 8247 Regular Meeting June 7, 2004 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Invocation Deacon John Evans, Bethany Community Church, gave the Invocation. Posting The City Clerk noted that the agenda had been posted on June 3, 2004 at 11 :35 a.m. Roll Call Present: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland Velasco, and Al Pinheiro - 7:32 p.m. Under Orders of the Day, the Mayor stated that the Council would be 1) adding an emergency Item VIII.C. regarding adoption of a resolution for a grant and 2) adding an item under presentations (Item 1.10.) by Lisa Jensema. Acting City Attorney Faber noted that adding an emergency item would require a 2/3s vote of the City Council, to determine that there is a need to take immediate action and that the item was brought to the attention of the City after the agenda was posted. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to add Item VIII.C. to the June 7, 2004 agenda regarding adoption of a resolution releasing a grant award to the County of Santa Clara as part of a Regional Juvenile Crime Enforcement Coalition (RJCEC), detennining that there is a need to take immediate action and that the item was brought to the attention of the City after the agenda was posted. It was requested that the meeting be adjourned in memory of former President Ronald Reagan, who passed away over the weekend. Proc. -us Army The Mayor noted a proclamation for United States Army Week - June 14-18, Week 2004, which was previously mailed to the recipient. Proc.-National The Mayor presented a proclamation for National NeighborWorks Week- Neighbor- June 5-12,2004 to Dennis Lalor. Works Week Proc.-Heroes Day The Mayor presented a proclamation for You Are The Heroes Day - June 19/20,2004 to Gabe Nino. Proc.-Italian Republic The Mayor noted a proclamation for the 58th Anniversary of the Founding of the Italian Republic - June 3,2004, which was previously presented to the recipient. Proc.- The Mayor noted a proclamation for Scleroderma Awareness Month - June, Scleroderma 2004, which was previously mailed to the recipient. Eagle Scouts The Mayor presented certificates to Aaron and Andrew Cross of Gilroy, who have each earned the Eagle Scout rank. Employee Award The Mayor presented the Employee Award for the Month of May, 2004 to Ed Bozzo, Captain, Fire Department. Vol. Award The Mayor presented the Volunteers of the Month of March, 2004 award to the Museum Volunteers. Vol. Award The Mayor presented the Volunteer of the Month of April, 2004 award to Nick Pennucci. 8248 AB 939 Goal Lisa Jensema presented a plaque from the California Integrated Waste Management Board to the City of Gilroy for reaching the 50% diversion goal defined in AB939. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Beverley Bryant, Home Builders Association of Northern California, distributed information on inclusionary zoning. Consent Calendar Motion was made by Councilman Dillon, seconded by Councilman Morales 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: Minutes Minutes of the Regular Council Meeting of May 17, 2004; Ord.2004-07 Adopted Ordinance No. 2004-07 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, APN s 808-01-012, 015 and 808-02-033, Orchard Valley Communities, applicant, Z 03-14A; ORDINANCE NO. 2004-07 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 RESIDENTIAL/MEDIUM DENSITY RESIDENTIAL/SHOPPING CENTER COMMERCIAL) TO R2/R3/C3-PUD (TWO-FAMILY RESIDENTIAL/MEDIUM 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 PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2004-47 Adopted Resolution No. 2004-47 supporting a joint League/CSAC policy statement to decrease impacts on public health and safety resulting from wildland urban interface fires; RESOLUTION NO. 2004-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SUPPORTING A JOINT LEAGUE/CSAC POLICY STATEMENT TO DECREASE IMP ACTS ON PUBLIC HEALTH AND SAFETY RESULTING FROM WILDLAND URBAN INTERFACE FIRES. PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res. 2004-48 Adopted Resolution No. 2004-48 approving the easement proposal to the California Department of Conservation's California Farmland Conservancy Program for the Taylor Conservation Easement; 8249 RESOLUTION NO. 2004-48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OF SANTA CLARA COUNTY APPROVING THE EASEMENT PROPOSAL TO THF CALTFORNTA DFPARTMFNT OF ('ONSFRV ATTON'S CALIFORNIA FARMLAND CONSERVANCY PROGRAM FOR THE TAYLOR CONSERVATION EASEMENT. PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2004-49 Adopted Re,solution No. 2004-49 establishing the July 1, 2004 and January 1, 2005 salary schedules for Exempt Personnel; RESOLUTION NO. 2004-49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING THE JULY 1, 2004 AND JANUARY 1, 2005 SALARY SCHEDULES FOR EXEMPT PERSONNEL. PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2004-50 Adopted Resolution 2004-50 approving the Employer Pickup Resolution pre- tax payroll deduction plan for service credit purchases (Contribution Code 14); RESOLUTION NO. 2004-50 EMPLOYER PICKUP RESOLUTION PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14). PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2004-51 Adopted Resolution No. 2004-51 approving TM 03-04, a Tentative Map to subdivide approximately 14.47 acres into 26 lots located on the north side of Cypress Court west of Juniper Drive, APNs 808-01-012,015 and 808-02-033, Orchard Valley CommunitieslBenassi Oaks, applicant; RESOLUTION NO. 2004-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 03-04, A TENTATIVE MAP TO SUBDIVIDE APPROXIMATELY 14.47 ACRES INTO 26 LOTS LOCATED ON THE NORTH SIDE OF CYPRESS COURT WEST OF JUNIPER DRIVE, APNS 808- 01-012,015 AND 808-02-033, ORCHARD VALLEY COMMUNITIESIBENASSI OAKS, APPLICANT. PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2004-52 Adopted Resolution No. 2004-52 modifying A/S 03-28, an application for Architectural and Site approval of a Planned Unit Development (PUD) for a mixed-use development, and approving 24 senior detached duet units located on the north side of Cypress Court west of Juniper Drive, APNs 808-01-012,015 and 808-02-033, Orchard Valley CommunitieslBenassi Oaks, applicant; 8250 RESOLUTION NO. 2004-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MODIFYING A/S 03-28, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A MIXED-USE DEVELOPMENT, AND APPROVING 24 SENIOR DETACHED DUET UNITS LOCATED ON THE NORTH SIDE OF CYPRESS COURT WEST OF JUNIPER DRIVE, APNS 808-01-012, 015 AND 808-02-033, ORCHARD V ALLEY COMMUNITIESIBENASSI OAKS, APPLICANT. PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2004-53 Adopted Resolution No. 2004-53 declaring its intention to order the dissolution of Maintenance District No.1, which includes all parcels in Tract Nos. 8136 and 9201 known as "Gilroy Country Club Estates," Tract No. 8631 known as "The Forest," Tract No. 8711 known as "Carriage Hills," and Tract Nos. 8962, 8963,8964,8965,9087,9155,9156,9157,9286 and 9312 known as "Eagle Ridge. " RESOLUTION NO. 2004-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING ITS INTENTION TO ORDER THE DISSOLUTION OF MAINTENANCE DISTRICT NO.1, WHICH INCLUDES ALL PARCELS IN TRACT NOS. 8136 AND 9201 KNOWN AS "GILROY COUNTRY CLUB ESTATES," TRACT NO. 8631 KNOWN AS "THE FOREST," TRACT NO. 8711 KNOWN AS "CARRIAGE HILLS," AND TRACT NOS. 8962, 8963, 8964, 8965, 9087, 9155, 9156, 9157, 9286 AND 9312 KNOWN AS "EAGLE RIDGE." PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Arts & Culture Kermit DeLaurant, Arts & Culture Commission Chairperson, reported on the Commission activities of the Commission. He thanked the Mayor and Councilmembers for their Report support of the arts. He noted the "Art Seen" calendar/bulletins of upcoming arts and cultural events. He stated that the Downtown Association has designated $4,000 toward a downtown public art project. He noted the Chamber of Commerce Awards Night where the first "Arts and Business Partnership Award" was presented to Calpine. He noted the Art Ambassador program of guidelines for volunteers to help with arts and culture in Gilroy. He noted the Young Artist Show in March. Arline Silva introduced Judy Lazarus and Bruce Morasca and noted two awards that were won in the Memorial Day Parade. Bid-Police The City Administrator presented a recommendation to award the bid for the Construction New Gilroy Police Construction Staging Area Improvements Project No. Staging Area 04-CDD-132, to Ferma Corporation in the amount of$73,950.00. Motion was made by Councilman Morales, seconded by Councilman Correa and carried to award the bid for the New Gilroy Police Construction Staging Area Improvements Project No. 04-CDD-132, to Ferma Corporation in the amount of $73,950.00. Bid-Consultants The City Administrator presented a recommendation to select consultants for RFP No. 04-RFP-CDD-310IPlans Examining and Inspection Services as follows: Plans Examining - CSG Consultants-Primary, Harris and Associates-Secondary; Inspection Services - CSG Consultants-Primary, JAS Pacific-Secondary, Harris and Associates-Backup; Other Services (Special Projects, Interim CBO) - Harris 8251 and Associates. Motion was made by Councilman Valiquette, seconded by Councilman Morales and carried to select consultants for RFP No. 04-RFP-CDD-3101PIans Examining and Inspection Services as follows: Plans Examining - CSG Consultants-Primary, Harris and Associates-Secondary; Inspection Services - CSG Consultants-Primary, JAS Pacific-Secondary, Harris and Associates-Backup; Other Services (Special Projects, Interim CBO) - Harris and Associates. Pub. Hearing NDFE The Mayor stated it was the time and place scheduled for a Public Hearing to consider adoption of the sixth amendment to the Countywide Non-Disposal Facility Element (NOPE) to identify solid waste transfer stations, material recovery facilities, yard waste compo sting facilities and landfills necessary to implement local waste diversion goals. The staffreport 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. 2004-54 Motion was made by Councilman Dillon, seconded by Councilman Valiquette and carried to adopt Resolution No. 2004-54 adopting the sixth amendment to the Countywide Non-disposal Facility Element (NDFE). (This was incorrectly stated to be Resolution No. 2004-53). RESOLUTION NO. 2004-54 RESOLUTION ADOPTING THE SIXTH AMENDMENT TO THE COUNTYWIDE NON-DISPOSAL FACILITY ELEMENT (NOFE). PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Pub. Hearing Weeds The Mayor stated it was the time and place scheduled for a Public Hearing to consider annual destruction or removal of weeds and/or refuse constituting a public nuisance in the City of Gilroy. The City Administrator explained that this is the standard procedure for the weed abatement procedure. He noted the revised attachment to the draft resolution. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Res.2004-55 Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to adopt Resolution No. 2004-55 instructing the Fire Chief to abate the nuisance arising out of weeds growing upon lots or in front of properties in the City. (This was incorrectly stated to be Resolution No. 2004-54). RESOLUTION NO. 2004-55 RESOLUTION INSTRUCTING THE FIRE CIHEF TO ABATE THE NUISANCE ARISING OUT OF WEEDS GROWING UPON LOTS OR IN FRONT OF PROPERTIES IN THE CITY. PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 8252 Pub. Hearing Garbage Rates The Mayor stated it was the time and place for a Public Hearing to consider revision and adjustments of charges for the collection of garbage, rubbish and refuse in the City of Gilroy. The staff report was noted and further explained by the City Administrator. The Mayor opened the Public Hearing. Phil Couchee, General Manager, South Valley Disposal, commented on the Code Enforcement Officer position at the City of Morgan Hill. He noted that the positions and consultants are funded by the franchise fees rather than South Valley Refuse paying the fees. The Mayor closed the Public Hearing. Res.2004-56 Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilman Gartman voting no) to adopt Resolution No. 2004-56 setting maximum charges for the collection of garbage, rubbish, refuse and recyclable materials. (This was incorrectly stated to be Resolution No. 2004-55). Pub.Hearing ARE 04-01 Pub. Hearing ARE 04-02 RESOLUTION NO. 2004-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE, RUBBISH, REFUSE AND RECYCLABLE MATERIALS. PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE The Mayor stated it was the time and place scheduled for a Public Hearing on an Affordable Housing Exemption to allot 16 residential units on the 2nd and 3rd floors of a new mixed use building, on property zoned C2-HN (Central District Commercial-Historic Neighborhood), located at 7433 Monterey Street, Mike Bertolone, applicant, ARE 04-01. The Mayor stated that he was recusing himself from discussion and vote on this issue due to his business dealings with Mr. Bertolone, stepped down from the dais and left the room. The staff report was noted and further explained by Planner II Polubinsky, stating that one comment was received citing concerns regarding this project. Mayor Protempore Velasco opened the Public Hearing. Dave Peoples stated that he has a business at 55 West Fifth Street and is very concerned about the density of this project with eight commercial businesses on the first floor. He stated the need for parking area for these businesses. He asked that the "walk-thru" be open as a true walkway through to Gourmet Alley. Mayor Protempore Velasco closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Pinheiro absent) to direct staff to prepare a resolution modifying ARE 04-01 to reduce the number of residential units from 16 to 12, have fewer commercial businesses, and have entrance doors on the street frontage. The Mayor returned to his seat at the dais. The Mayor stated it was the time and place scheduled for a Public Hearing on an Affordable Housing Exemption to allot 8 residential units in a new mixed use building, on property zoned C2 (Central District Commercial), located at 7031 Monterey St., Lulevitt Financial Realty c/o Shirley Lulevitt, applicant, ARE 04-02. 8253 The staff report was noted and further explained by Planner II Polubinsky, stating that one comment was received citing concerns regarding this project. The Mayor opened the Public Hearing. Edwardo Martinez, architect for the project, stated that this has been a great partnership between the City and the owner. He stated that he admired the City for their suggestions. He stated that this project will be a design award winner. The Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to direct staff to prepare a resolution approving AHE 04-02. Ord. 2004-08 Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Gartman voting no) to adopt Ordinance No. 2004-08 approving an application for a change in zoning designation from C3-PUD/PO- PUD/R-4 (Shopping Center Commercial- Planned Unit DevelopmentIProfessional Office - Planned Unit Development/High Density Residential) to C3/P0/R3-PUD (Shopping Center CommerciaI/Professional Office/Medium Density Residential - Planned Unit Development) on approximately 13 acres located at the southeast comer 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. ORDINANCE NO. 2004-08 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 DEVELOPMENTIPROFESSIONAL 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. PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE Z 04-03 The Mayor noted an Ordinance of the City of Gilroy to amend the City's Zoning Ordinance Section 40.20, pertaining to Permitted Uses for Home Occupations, Subsection (A) regarding employees, Mark Zappa, 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 (Councilman Velasco voting no) to introduce an Ordinance of the City Council of the City of Gilroy approving Z 04-03. Res.2004-57 Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Gartman voting no) to adopt Resolution No. 2004-57 approving TM 03-05, a Tentative Map to subdivide an approximately 13 acre site into 137 residential lots, a private park site and private streets at the southeast comer of Wren Avenue and First Street, APNs 808-12-011, 026,' 027,028 and 808-08-11, Oak Commons/O'Brien Group, applicant. (This was incorrectly stated to be Resolution No. 2004-56). 8254 RESOLUTION NO. 2004-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 03-05, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 13 ACRE SITE INTO 137 RESIDENTIAL LOTS, A PRIVATE PARK SITE AND PRIVATE STREETS AT THE SOUTHEAST CORNER OF WREN AVENUE AND FIRST STREET, APNS 808-12-011, 026, 027,028 AND 808-08-11, OAK COMMONS/O'BRIEN GROUP, APPLICANT. PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE Res. 2004-59 Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried (Councilman Gartman voting no) to adopt Resolution No. 2004-59 approving A/S 03-30, an application for Architectural and Site approval ofa Planned Unit Development (PUD) for a 137-home residential subdivision on approximately 13 acres at the southeast corner of Wren Avenue and First Street, APNs 808-12-011,026,027,028 and 808-08-11, Oak Commons/O'Brien Group, applicant. (This was incorrectly stated to be Resolution No. 2004-57). RESOLUTION NO. 2004-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 03-30, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A 137-HOME RESIDENTIAL SUBDIVISION ON APPROXIMATELY 13 ACRES AT THE SOUTHEAST CORNER OF WREN AVENUE AND FIRST STREET, APNS 808-12-011, 026, 027, 028 AND 808-08-11, OAK COMMONS/O'BRIEN GROUP, APPLICANT. PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE SPE 04-05 The Mayor noted a Small Project Exemption request to allot 9 single family residential units on 2.46 acres on property zoned R1 (Single Family Residential), located at the intersection of Vickery and Wren Avenues, Gilroy Unified School District, Charles Van Meter, applicant, SPE 04-05. Councilman Gartman recused himself from discussion and vote on this issue due to his employment with the Gilroy Unified School District, stepped down from the dais and left the room. The staff report was noted and further explained by Planner II Polubinski. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried (Councilman Gartman absent) to direct staff to prepare a resolution approving SPE 04-05. Councilman Gartman returned to his seat at the dais. Citation Procedure The Mayor noted an Ordinance amending Chapter 6A of the City of Gilroy City Code by adding the title "Article I. Citation Procedure for Violations" to include existing Sections 6A1 through 6A1 0, and adding new articles entitled "Article II. Administrative Citations" and "Article III. Administrative Orders" to include new Sections 6A11 through 6A42 to the City of Gilroy City Code establishing an Administration Citation and Administrative Remedies Process. The staff report was noted and further explained by the City Administrator. 8255 Motion was made by Councilman Correa, seconded by Councilman Dillon 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 establishing an Administrative Citation and Administrative Remedies Process. The following item was added as an emergency item at the beginning of the meeting. Res. 2004-58 Motion was made by Councilman Morales, seconded by Councilman Correa and carried to adopt Resolution No. 2004-58 releasing a grant award to the County of Santa Clara as part of a Regional Juvenile Crime Enforcement Coalition (RJCEC). RESOLUTION NO. 2004-58 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RELEASING A GRANT AWARD TO THE COUNTY OF SANTA CLARA AS PART OF A REGIONAL JUVENILE CRIME ENFORCEMENT COALITION (RJCEC). PASSED AND ADOPTED this 7th day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Agricultural Mitigation Requirements Exemptions The Mayor noted a discussion regarding exemptions from the Agricultural Mitigation requirements. The City Administrator explained the request and recommendations. Motion was made by Councilman Dillon, seconded by Councilman Valiquette and carried to take no action at this time. The following infonnational items were noted with no separate discussion on same: Legislation: Letter from Assemblymember Salinas regarding the City's opposition to AB 2702 regarding second units; and Letter to Assemblymember Simon Salinas noting the City of Gilroy opposition to SB 744 regarding the HCD State Housing Accountability Committee. Customer Service: Email of thanks from Amy Rithcardson regarding the great field trip her daughter experienced at Christmas Hill Park; Note of thanks from Tim & Irene Day to Chief Giusiana for the professionalism of Gilroy Police Department's handling during the lock-down at Gilroy High School; Letter of thanks from Sandy Singleton to Sgt. Chad Gallacinao, Officer Jason Hogue, Officer Jesus Contreras and Chaplain MacPhail for their compassion during a call; Letter of thanks from John Perales, Principal, Mt. Madonna Continuation High School, to Geralyn Fortino, Gayle Glines, John Garcia, Anita Ritt, and Tony Warner for their efforts in supporting the students and staff ofMt. Madonna Continuation High School; 8256 A& C Com. 04-13-04 Note of thanks from Olga Galletto to Al Signorotti and office staff for assisting her in the 50/50 sidewalk program; and Email of thanks from Tina Kekaha to Kelly Felice and Rosanna Pellin for covering the Community Services Department phones and counter for them so that they could attend a special departmental function. Informational items: City of Gilroy Investment Report dated April, 2004; Letter of thanks from John Garcia to Donna Pray, Gilroy Foundation, for the donation to the Youth Recreation Scholarship program; and Notice of filing of applications for increase in electric revenues: Cost of Capital (COC) and 2003 Annual Earnings Assessment (AEAP) Proceedings for Pacific Gas & Electric Company (PG&E). The minutes of the Arts and Culture Commission meeting of April 13, 2004 were noted. Gang Task Force The minutes of the Gilroy Gang Task Force meeting of April 6, 2004 were 04-06-04 noted. Library Com. 04-14-04 P&RCom. 04-20-04 Youth Com. 04-12-04 The minutes of the Library Commission meeting of April 14, 2004 were noted. The minutes of the Parks & Recreation Commission meeting of April 20, 2004 were noted. The minutes of the Youth Commission meeting of April 12, 2004 were noted. ' The City Administrator distributed a memo from the City Attorney for next Monday's meeting on the Downtown Business Improvement District. He stated that the City performs a periodic review of the Public Building Bond, stated that it is earning interest, and noted that the accumulated interest is almost $250,000. He distributed the agenda for Friday's retreat at the corporation yard. Councilman Velasco thanked Councilmembers Dillon, Gartman and Valiquette for the quality Memorial Day parade. Councilman Gartman thanked all the volunteers, including Councilmembers Valiquette, Dillon, and Velasco who helped with the Memorial Day parade, and also the participants. He also thanked the sponsors for that day and the spectators who enjoyed it. Councilman Morales echoed all that has been said regarding the Memorial Day celebration and the patriotism our community has. Councilman Dillon stated that he was delighted to see that we have projects downtown and that they were approved. He noted that former President Ronald Reagan passed away last weekend at age 93 of Alzheimer's disease. The Mayor thanked the committee and volunteers for their work on the Memorial Day celebration. He stated that he was proud to be the Mayor of this City and to see all the hard work done for this event. He noted the Council mini- retreat at the corporation yard and stated that he was glad that the employees have this new facility. He stated that he has signed up for the League conference. Councilmembers Gartman, Morales, and Valiquette stated that they would like to attend. Adjournment to Closed Session 8257 At 9:25 p.m. the Mayor adjourned the meeting to a closed session pursuant to Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Case #104CV019165 - Verified Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief - Norma Fonseca, Veronica Mashburn, and Terry Wilson v. City of Gilroy, a municipal corporation; City Council of Gilroy; and Does 1-10 Case # 1 04CVO 1911 0 - Verified Petition for Writ of Mandate and Ancillary Relief - Gilroy Citizens for Responsible Planning, a not-for-profit public benefit association; Steve Jones, Carmen Soto, and Lenny Ortega vs. City of Gilroy, WalMart Stores, Inc., Newman Development Group LLC, Does 1-10 inclusive At 9:35 p.m. the Mayor reconvened the meeting and announced that no action had been taken in the Closed Session. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 JUNE 2004 7 Special Meeting - Closed Session - 5:30 p.m., Gilroy City Council Chambers 7 Study Session - High Speed Rail- 6: 15 p.m., Gilroy City Council Chambers 7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 SCRWA 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 - 6:00p.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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy JULY 2004 6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 12 Study Session - Review of the Nexus Study-6:00 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.m., Gilroy Senior Center 27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy AUGUST 2004 2*Regular City Council Meeting -7:00 p.m., Gilroy 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. (CANCELLED) 16*Regular City Council Meeting -7:00 p.m. (CANCELLED) 17 Neighborhood District Task Force - 7:00 p.m. (CANCELLED) 24 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 9:36 p.m. the Mayor adjourned the meeting in memory offormer President Ronald Reagan to the meeting of June 21, 2004. "R~: m~nUtt~/ --:-{~/t./ J~ i 1,'{.L~/t- /\.. /s/ . RHONDA PELLIN, CMC City Clerk