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Minutes 2004/09/07 8284 Invocation. Posting Roll Call Youth Com. Introductions Regular Meeting September 7, 2004 Gilroy, California The Mayor announced that the Council had adjourned from a Closed Session regarding Conference with Legal Counsel-Existing Litigation, pursuant to Goverhment Code Section 54956.9(a) and that no action had been taken. The Mayor led the Pledge of Allegiance to the Flag. Pastor Bruce Rowlison, Gilroy Presbyterian Church, gave the Invocation. The City Clerk noted that the agenda had been posted on September 1, 2004 at 4:44 p.m. Present: Councilmembers: Paul Correa, Robert 1. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland Velasco, and Al Pinheiro - 7:00 p.m. The following new Youth Commission Members were introduced and sworn into office: Rachel Tenney Aptenar, Graydon Carr-Ramos (not present), Carly Kennedy (not present), Casandra Mane, Stephanie Orth (not present), and Tania Reynolds. Retired Youth The following retired Youth Commission members were presented certificates Commis- for their service: Ty Ashford (not present), Lauren Bevilacqua (not present), Allan stOners Chan, Jennifer Clet, Marliz Copado (not present), and Terence Hofstad (not present). Proc. -Gilroy Elks Day Brian Stelling Employee Award Volunteer Award Volunteer Award Consent Calendar Minutes Ord.2004-14 The Mayor noted a proclamation for Gilroy Elks Day - August 18, 2004, which was previously presented to the recipient. The Mayor presented a Certification of Recognition to Brian Stelling. The Mayor presented the Employee Award for the Month of August, 2004 to Kevin Wallace, Lifeguard, Community Services Department. The Mayor presented the Volunteers of the Month of June, 2004 award to Laurie Goldsmith, Jason Baudreault, and Aaron Mashburn (not present). The Mayor presented the Volunteers of the Month of July, 2004 award to Lou & Holly Fargher, Dia & Michael Hoshida, Tina & CliffMcMahel, and Linda Myers. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Carl Vincent Shook-Brennan discussed the citation procedures for violations under the City Code, noting that there is no authority to do this. 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 of the Regular Council Meeting of August 2, 2004~ Adopted Ordinance No. 2004-14 amending Gilroy City Code Section 7.4.1, eliminating certain charges to development projects in the C-2 Central Business District zone, to also eliminate such charges along a certain portion ofEigleberry Street~ 8285 ORDINANCE NO. 2004-14 AN ORDINANCE OF THE CITY OF GILROY AMENDING GILROY CITY CODE SECTION 7.4.1, ELIMINATING CERTAIN CHARGES TO DEVELOPMENT PROJECTS IN THE C-2 CENTRAL BUSINESS DISTRICT ZONE, TO ALSO ELIMINATE SUCH CHARGES ALONG A CERTAIN PORTION OF EIGLEBERRY STREET. PASSED AND ADOPTED this 7th day of September,2004, by the following vote~ AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERS: NONE Ord.2004-15 Adopted Ordinance No. 2004-15 amending Chapter 16 of the City Code entitled "Offenses-Miscellaneous" by adding a new Section 16.38 regarding the hours of construction~ ORDINANCE NO. 2004-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 16 OF THE CITY CODE ENTITLED "OFFENSES- MISCELLANEOUS" BY ADDING A NEW SECTION 16.38 REGARDING THE HOURS OF CONSTRUCTION PASSED AND ADOPTED this 7th day of September,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; Economic Incentive Policy Approved revisions to the Economic Incentive Policy to provide incentives based on job offset to multi-tenant/owner of Industrial or Research and Development projects~ Res.2004-78 Adopted Resolution No. 2004-78 initiating proceedings and setting a Public Hearing regarding vacation of a Public Trail Easement~ RESOLUTION NO. 2004-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING REGARDING VACATION OF A PUBLIC TRAIL EASEMENT. PASSED AND ADOPTED this 7th day of September,2004, by the following vote~ AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERS: NONE Prop.Impr.Agr. Property Improvement Agreement No. 2004-15, Tract No. 9584, Eagle Ridge NO.2004-15 - The Highlands, Santa Teresa Properties, LLC. (Copies) Tract 9584 Planning Com. Tom Boe, Chairman, gave an update on the activities of the Planning Report Commission. He thanked Bill Faus and his staff for their support. He noted the Hecker Pass Specific Plan, Glen Lorna Development, and the Downtown and Neighborhood District Task Forces are key elements for the vision of Gilroy. He noted parking and lot size are issues to be discussed at the upcoming mini-retreat with the Council. Re-Bid - New The City Administrator presented a recommendation to award the bid on the Parks re-bid of the New Gilroy Park Improvements 2004 (Los Arroyos, Carriage Hills, and Sunrise Parks), Project No. 04-CDD-104, to McGuire and Hester in the amount of $3,636,000.00. 8286 Pub. Hearing TM 04-02 NS 02-33 Pub. Hearing TM 04-06 Pub.Hearing TM 04-05 Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to award the bid on the re-bid of the New Gilroy Park Improvements 2004 (Los Arroyos, Carriage Hills, and Sunrise Parks), Project No. 04-CDD-I04, to McGuire and Hester in the amount of $3,636,000.00. The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Tentative Map request to sub-divide 1.25 acres into 12 single family lots, with 1 common area lot, on property zoned Rl (Single Family Residential), located at 9035 Kern Avenue. Riverbend, LLC, c/o Mike Dorn, applicant, TM 04- 02. The staff report was noted and further explained by Planner II Casper for TM 04-02 and NS 02-33. The Mayor opened the Public Hearing. Scott Stotler, project designer, stated that the project is better now, with the modifications proposed. He stated that there are an additional six parking spaces, with the buildings clustered in the project. He stated that there are now 17 parking spaces, which is 13 more than required by ordinance. The Mayor closed the Public Hearing. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving TM 04-02. The Mayor deviated from the regular agenda to accommodate interested persons in the audience. The Mayor noted an Architectural & Site Review-Planned Unit Development request for the construction of 12 detached patio homes and a common area on property zoned Rl (Single Family Residential), located at 9035 Kern Avenue. Riverbend, LLC, c/o Mike Dorn, applicant, NS 02-33. Motion was made by Councilman Correa, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving NS 02-33, with the additional condition that the parking stalls be numbered with unit #s. The Mayor returned to the regular order of the agenda. The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide an existing industrial building into two units, on property zoned M2 (General Industrial), located at 5900 Obata Way. Sterigenics International, applicant, TM 04-06. The staff report was noted and further explained by Planner II Polubinsky. 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 direct staff to prepare a resolution approving TM 04-06. The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide 3! acres into 12 single family residential hillside lots on property zoned RH-PUD (Residential Hillside-Planned Unit Development), located between Santa Teresa Boulevard and Eagle Ridge Drive. Glen Lorna Group c/o Tim Filice, applicant, TM 04-05. The staff report was noted and further explained by Planning Division Manager Faus. The Mayor opened the Public Hearing. 8287 Brian Donohoe noted that Eagle Ridge has received a variety of approvals over the years. He stated that he was present to answer any questions. The Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried to direct staff to prepare a resolution approving TM 04-05. Pub. Hearing Oyao The Mayor stated it was the time and place scheduled for a Public Hearing for the purpose of adopting a Resolution of Necessity authorizing the City Attorney of the City of Gilroy to file eminent domain proceedings for the acquisition of a fee interest in the real property identified by APN 799-08-045 and 046, property located at 57 and 67 W. Seventh Street between Eigleberry and Monterey Streets owned by Baleriana Oyao. Motion was made by Councilman Valiquette, seconded by Councilman Dillon and carried to continue this to September 20, 2004 for additional staff documentation. Pub.Hearing Gera The Mayor stated it was the time and place scheduled for a Public Hearing for the purpose of adopting a Resolution of Necessity authorizing the City Attorney of the City of Gilroy to file eminent domain proceedings for the acquisition of a fee interest in the real property identified by APN 799-08-039, 040, 047, 048, 049, 050,051 and 060, property located at 7310, 7320, 7330, 7350 and 7360 Eigleberry Street between 6th and 7th Streets owned by Marko & Klara Gera. Motion was made by Councilman Valiquette, seconded by Councilman Dillon and carried to continue this to September 20,2004 for additional staff documentation. Pub.Hearing The Mayor stated it was the time and place scheduled for a Public Hearing to Public Health consider the required Public Health Goal Report regarding the City of Gilroy water Goal Report utilities. 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. There was no action required to be made by the City Council. Ord.2004-16 Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to adopt Ordinance No. 2004-16 approving an application for a change in zoning designation from Rl (Single Family Residential) to R3-PUD (Medium Density Residential- Planned Unit Development) on approximately 1.25 acres at 9035 Kern Avenue, APN 790-04-081, Riverbend, LLC, c/o Michael Dorn, applicant, Z 02-12. ORDINANCE NO. 2004-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM RI (SINGLE FAMILY RESIDENTIAL) TO R3-PUD (MEDIUM DENSITY RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 1.25 ACRES AT 9035 KERN AVENUE, APN 790-04- 081, RIVERBEND, LLC, C/O MICHAEL DORN, APPLICANT, Z 02-12. PASSED AND ADOPTED this 7th day of September,2004, by the following vote~ AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 8288 Councilman Valiquette recused himself from discussion and vote on the next item, due to his employment at Bonfante Gardens, stepped down from the dais, and left the room. Res.2004- 79 Motion was made by Councilman Morales, seconded by Councilman Correa and carried (Councilman Valiquette absent) to adopt Resolution No. 2004-79 approving RDO request 04-01 for 99 residential dwelling units, an application for a special exception to the Residential Development Ordinance for a non-profit organization under special circumstances, APN 810-20-016, Bonfante Gardens Family Theme Park, applicant, RD 04-01. RESOLUTION NO. 2004-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING RDO REQUEST 04-01 FOR 99 RESIDENTIAL DWELLING UNITS, AN APPLICATION FOR A SPECIAL EXCEPTION TO THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR A NON-PROFIT ORGANIZATION UNDER SPECIAL CIRCUMSTANCES, APN 810-20-016, BONF ANTE GARDENS FAMILY THEME PARK, APPLICANT, RD 04-01. PASSED AND ADOPTED this 7th day of September,2004, by the following vote~ AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALIQUETTE Councilman Valiquette returned to his seat at the dais. VT A Bus Schedule The Mayor noted a request by Mark van Wyk for an additional VT A bus run through the Sunrise & Santa Teresa neighborhood on weekday mornings. Jay gave staff report, noting that previously there was a number of residents that did not want additional bus service in this area. Mark Van Wyk explained his request for at least one additional VT A bus run in the morning and the evening so that citizens can ride CalTrain to work. Consensus of the Council was to send a letter to VT A requesting at least one additional bus run through the Sunrise & Santa Teresa neighborhood on weekday mornings and evenings to coordinate timing with the transit station schedule. The following informational items were noted with no separate discussion on same: Legislation: Letters from Mayor Pinheiro to Senator John Vasconcellos, Senator Bruce McPherson, and Assemblymember Simon Salinas requesting support for SCA 4 and SB 1096 which would implement the historic Local Government Agreement relating to local government protections. Customer Service: Email of thanks from Malcolm 1. Carruthers, RHL Design Group, Inc., to Cydney Casper for assistance with resolution of some problems with an application Process; Email of appreciation by Robert Moulden, Arborist, Town of Los Gatos, to Jane Alexander for her excellent customer service~ Email of thanks by Jorge M. Duran, RIA, to Kristi Abrams and Rosanna Pellin for their excellent customer service~ Letter of appreciation from Marilyn Rossen, to Reserve Officer B. Charnota for his assistance during the Garlic F estival~ A & C Com 6-8-04 Library Com. 6-9-04 P&RCom. 6-15-04 Sr. Adv.Bd. 7-19-04 Youth Com. 6-14-04 7-12-04 SCRWA 7-13-04 8289 Letter of thanks from Hoot Meredith, Orchard Supply Hardware, to Sergeant Sheedy and Officers Bozzo, Terasaki, Hathaway, and Aceves for their assistance in apprehending a thief~ Email of thanks from Mike Dorn to Manny Reyes and Todd Barreras for assistance provided to the Fire Department in putting out a fire~ Email of thanks from Marilyn Guerin to Joe Kline for copying some storm drain videotapes for a bid project~ Email of thanks from Raymond Chin to Frank Comin, Ruby Diaz, George Ocampo, Steve Eddlemon, Marshall Silva, Jeff Castro, Randy Newell, Rick Brandini, Bob Bozzo, Lisa Jensema, and Bill Headley for assistance in moving items from San Y sidro School to the TEEC building~ Letter to the Editor of the Gilroy Dispatch dated August 21, 2004 from Trevis and Bert Berry thanking the Gilroy Fire Department for their quick response and expert skills at containing the fire~ Memorandum from Chief Giusiana to All Gilroy Police Department Employees thanking them for all their hard work and dedication, not only over the Garlic Festival weekend, but throughout the entire year~ Memorandum from Chief Giusiana to Sergeants Sheedy and Castaneda for the excellent job they did as Garlic Festival Field Commanders~ Email ofappreciationfromJohnPerales.Principal.Mt. Madonna High School, to Gayle Glines, Geralyn Fortino and others for the hard work and partnership they have working with the students~ and Letter from Cathy Mirelez to Dr. Paul deAyora, Principal, and Greg Kapaku, Vice-Principal, South Valley Middle School, for the warm hospitality and courteous manner extended to the City for the summer theater production. Informational items: Letter from Russell Hancock, Joint Venture: Silicon Valley Network gratefully acknowledging the City of Gilroy's contribution of $2,500 for fiscal year 2004- 2005~and Gilroy Economic Development Corporation minutes of July 9, 2004. (Copies) The minutes of the Arts and Culture Commission meeting of June 8, 2004 were noted. The minutes of the Library Commission meeting of June 9,2004 were noted. The minutes of the Parks & Recreation Commission meeting of June 15,2004 were noted. The minutes of the Senior Advisory Board meeting of July 19, 2004 were noted. The minutes of the Gilroy Youth Commission meetings of June 14, 2004 and July 12, 2004 were noted. The minutes of the South County Regional Wastewater Authority meeting of July 13,2004 were noted. The City Administrator noted the joint City Council/Planning Commission mini-retreat scheduled for October 11, 2004, and asked the Council to submit topics. He also requested topics for the City Council mini-retreat scheduled for 8290 October 8, 2004 and the City CouncillPolice Department/Fire Department retreat scheduled for November 19, 2004. He stated that the annual Council retreat will be held on January 14/15,2005 (all day Friday and 1/2 day Saturday). He announced that he and others would be attending the Regional Board meeting in San Luis Obispo on Friday regarding the river discharge permit hearing, noting that SCRW A has been working on this for five years. Councilman Morales stated that he attended the Pajaro Valley Flood Control Prevention Authority meeting noting that they are studying a master plan for the 100-year flood control area, and that they are studying the EIR and procedures for mitigating agricultural lands. Councilman Gartman noted that he and Jeff Orth have been doing some investigation regarding the feasibility of a teen center for Gilroy, to be privately funded. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 SEPTEMBER 2004 7*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 13 Study Session - Nexus Study - 6:00 p.m. Gilroy City Council Chambers 13 Joint Workshop with the Planning Commission - Glen Lorna Ranch Specific Plan - 6:00 p.m., Gilroy City Council Chambers (CANCELLED) 14 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 14 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 17 League of California Cities Conference in Long Beach - September 17, 18, 19, 2004 20 Study Session - Fire Department Master Plan Update - 6:00 p.m. Gilroy City Council Chambers 20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 21 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 27 Study Session - Nexus Study - 6:00 p.m. Gilroy City Council Chambers 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy OCTOBER 2004 4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 City Council Mini-Retreat - (12:00 p.m. - IOOF Children's Home, 290 IOOF Avenue) 11 CouncillPlanning Commission Mini-Retreat - 6:00 p.m.,Gilroy City Council Chambers 12 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 12 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 19 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy NOVEMBER 2004 1 *Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 9 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 9 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 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 19 Joint City CouncillPolice Department/Fire Department Mini-Retreat - 9:00 a.m., Historic Strand Theatre, 7588 Monterey Street 23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 8: 15 p.m. the Mayor adjourned the meeting to the meeting of September 20, 2004. Respec~fully submitte~, "- tJ · I I. "/ . - ft..1 t -{; . /f. ( ! I \ -1 / c.- ~. ,-. , I.'v ' Is/'RHONDA PELLIN, CMC City Clerk