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Minutes 2004/10/18 8301 Regular Meeting OCTOBER 18, 2004 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Youth Pastor Danny Kinoshita, New Hope Community Church, gave the invocation. The City Clerk noted that the agenda had been posted on October 13, 2004 at 3:05 p.m. Roll Call Present: Paul Correa~ Robert T. Dillon~ Craig Gartman~ Charles S. Morales~ Russ Valiquette~ Roland Velasco (arrived at 06:05 PM)~ AI Pinheiro Orders of the Day Under Orders of the Day, the Mayor noted that Items V.K. and V.L., the Hecker Pass Specific Plan, would be continued due to continuance by the Planning Commission, and recommended a Special Meeting be called for November 8, 2004, and the Council agreed. Motion was made by Councilman Morales, seconded by Councilman Correa and carried to continue Items V. I. & V.I. to November 15, 2004. Presentations & Proclamations Proclamation: Domestic Violence Awareness Month - October, 2004. The Mayor noted a proclamation for Domestic Violence Awareness Month - October, 2004 (no one present to accept proclamation). Proclamation: South County Housing Day - October 20,2004. The Mayor noted a proclamation for South County Housing Day - October 20, 2004, which will be presented to the recipient on October 20,2004. Proclamation: Pacific Hills Manor - Ten Year Anniversary. The Mayor noted a proclamation for Pacific Hills Manor - Ten Year Anniversary, which was previously presented to the recipient. Certificate of Recognition - Live Oak Adult Day Services. The Mayor noted a Certificate of Recognition for Live Oak Adult Day Services, which was previously presented to the recipient on October 11, 2004. Certificate of Recognition - Payson High School Marching Band. The Mayor noted a Certificate of Recognition for Payson High School Marching Band, which was previously presented to the recipient. Proclamation: Crime Prevention Month - October, 2004. The Mayor presented a proclamation for Crime Prevention Month - October, 2004 to Chief Giusiana. Presentations by members of the public for items not on the agenda. A delegation, including two Council members and a Planning Commissioner from Amatepec, Mexico were introduced by Councilman Morales and welcomed by the Mayor and Council. Consent Calendar Motion: Approve - Pulling Item III.F. for separate action. Moved by Bob Dillon, seconded by Paul Correa. Paul Correa; Robert 1. DilIon~ Craig Gartman~ Charles S. Morales~ Russ Valiquette; Roland Velasco~ AI Pinheiro Minutes of the Regular Council Meeting of October 4,2004, as revised. Recommendation to Approve Budget Amendments/Transfers. 8302 Recommendation to declare equipment as surplus. A Resolution of the City Council of the City of Gilroy amending the City of Gilroy Conflict of Interest Code to add positions and change the titles of certain persons subject to the Code. RESOLUTION NO. 2004.88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE CITY OF GILROY CONFLICT OF INTEREST CODE TO ADD POSITIONS AND CHANGE THE TITLES OF CERTAIN PERSONS SUBJECT TO THE CODE. PASSED AND ADOPTED this 18th day of October, 2004, by the following vote~ AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Property Improvement Agreement No. 2004-16, Tract No. 9610, Walnut Grove @ Sunrise Drive, Warmington Walnut/Gilroy Associates, L.P. The Mayor recused himself from discussion and vote on the following item, due to a conflict of interest. South County Housing Property Improvement Agreement No. 2004-18, Tract No. 9467, Transitional Housing @ Monterey Road, South County Housing. Motion was made by Councilman Correa, seconded by Councilman Morales and carried (Mayor Pinheiro absent) to approve the Property Improvement Agreement No. 2004-18, Tract No. 9467, Transitional Housing @Monterey Road, South County Housing. Church of Jesus Christ of Latter Day Saints Public Hearing on a Pre-zone request of 10.60 acres to RI-PUD (Single Family Residential-Planned Unit Development), located on the west side of Thomas Road, between Vinca Court and Alder Street. Church of Jesus Christ of Latter Day Saints, applicant, Z 02-05. The staff report was noted and further explained by Planner II Polubinski for Z 02-05 and A 02-01. The Mayor opened the Public Hearing for Z 02-05 and A 02-01. Frederick E. Scott, architect, representing the LDS Church, stated that they filed this application approximately three years ago. He stated that the LDS Church would like it prezoned for a church. He noted that the infrastructure is currently in, and once it is annexed, the tax dollars would come to the City of Gilroy rather than the County of Santa Clara. He stated that the Church use would improve the property values in the area. He noted the proposed traffic volumes with the church, which would be much less than if the property was developed in residential uses. He asked for approval of the application. Tim Day stated that he concurred with everything that had been said, and had nothing further to add. Derrell Foote, State President of the LDS Church, noted that this land was purchased for the church many years ago. He noted that it is a potential future site at this time, with no time line to build. Ray Blagof, resident in the area, noted that he was aware of the church going in the area. He stated that he owns the lot next to the church property. He noted concerns with the traffic in the area. 8303 City Attorney Callon explained that proposed mitigation measure #8 in the Negative Declaration is to be deleted regarding storm water management, as it is a duplicate mitigation measure. She noted that mitigation measure #7 would be left in, and is sufficient to cover the impact. Kevin Melander noted he owns property in the area, and it was disclosed to him about the church. He noted traffic in the area would be gone during the time church would be in session. In response to a question, Mr. Scott stated that they would like to go forward with Rl PUD zoning for the annexation. The Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to approve the Mitigated Negative Declaration, finding that (a) it is completed in compliance with CEQA~ (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. (06:43 PM) Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Gartman voting no) to direct staff to prepare an ordinance approving Z 02-05. (06:44 PM) Church of Jesus Christ of Latter Day Saints Public Hearing on an annexation request of 10.60 acres, zoned Al (Agriculture), located on the west side of Thomas Road between Vinca Court and Alder Street. Church of Jesus Christ of Latter Day Saints, applicant, A 02-01. Staff Report was previously presented. Motion was made by Councilman Morales, seconded by Councilman Correa and carried to direct staff to prepare a resolution approving A 02-01. The James Group (Masoni Orchard) Public Hearing on a Zone Change request to re-zone 2.8 acres from Al (Agriculture) to RI-PUD (Single Family Residential-Planned Unit Development), located on the southwest corner of Thomas Road and Miller Avenue. The James Group (Masoni Orchard), applicant, Z 04-05. The staff report was noted and further explained by Planner II Durkin for Z 04-05, TM 04-07, and A1S 04-37. The Mayor opened the Public Hearing for Z 04-05 and TM 04-07. James Suner stated that in addition to the 30 foot setback and 10 foot landscaping, all the lots meet or exceed the 15 foot setback. He stated that with a 100' setback, it would eliminate all the homes along the front of Santa Teresa Boulevard. He noted that one story homes exacerbates the problem with the site configuration. City Attorney Callon noted that not all City policies are in writing, so the Council is not restricted, just because something is not in writing. The Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to approve the Mitigated Negative Declaration, finding that (a) it is completed in compliance with CEQA~ (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 Morales, seconded by Councilman Valiquette and carried to direct staff to prepare an ordinance approving Z 04-05. 8304 The James Group (Masoni Orchard) Public Hearing on a Tentative Map request to sub-divide 2.8 acres into 14 single family residential lots, on property zoned Al (Agriculture), located at the southwest corner of Thomas Road and Miller Avenue. The James Group (Masoni Orchard), applicant, TM 04-07. Staff Report was previously presented. Motion was made by Councilman Correa, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving TM 04-07. The Mayor deviated from the agenda to accommodate interested persons in the audience. The James Group (Masoni Orchard) Architectural & Site Planned Unit Development review to allow the construction of 14 single family homes, on property zoned Al (Agriculture), located at the southwest corner of Thomas Road and Miller Avenue. The James Group, applicant, (Masoni Orchard), A/S 04~37. Staff Report was previously presented. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried to continue A/S 04-37 for a redesign of the project. The Mayor returned to the regular order of the agenda. Del Curto Brothers Public Hearing on a Zone Change request to re-zone 1.69 acres from Rl (Single Family Residential) to RI-PUD (Single Family Residential-Planned Unit Development) located on the southwest comer of Kern Avenue and Mantelli Drive. Del Curto Brothers, applicant, Z 04-07. The staff report was noted and further explained by Planner II Polubinski for Z 04-07, TM 04-10, and A/S 04-32. The Mayor opened the Public Hearing for Z 04-07 and TM 04-10. Scott Shilling, South Valley Developers, stated that he worked with Hanna & Brunetti on the site plan for the project. He reviewed the design of the project and stated that he was present to answer any questions. Amanda Wilson, Hanna & Brunetti, stated that the City minimum for . residential frontage is 25' and noted that to cut off the flag lot would cut the parcel in half and make it difficult to build on. The Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Correa and carried to direct staff to prepare an ordinance approving Z 04-07. Del Curto Brothers Public Hearing on a Tentative Map request to sub-divide 2.34 acres into 14 single family residential lots, on property zoned Rl (Single Family Residential), located at the southwest corner of Kern Avenue and Mantelli Drive. Del Curto Brothers, applicant, TM 04-10. Staff Report was previously presented. Motion was made by Councilman Morales, seconded by Councilman Correa and carried (Councilmembers Gartman and VaHquette voting no) to direct staff to prepare a resolution approving TM 04-10. (07:54 PM) The Mayor deviated from the agenda to accommodate interested persons in the audience. 8305 Del Curto Brothers Architectural & Site Planned Unit Development review to allow the construction of 13 single family homes, on property zoned Rl (Single Family Residential), located at the southwest corner of Kern Avenue and Mantelli Drive. Del Curto Brothers, applicant, NS 04-32. Staff Report was previously presented. Motion was made by Councilman Morales, seconded by Councilman Correa and carried (Councilmembers Gartman and Valiquette voting no) to direct staff to prepare a resolution approving NS 04-32. The Mayor returned to the regular order of the agenda. Bonfante Trail Easement Public Hearing on a request for vacation of the Bonfante Trail Easement on property described as parcel number 810-20-016, located south of Hecker Pass Highway and west of Santa Teresa Boulevard. The staff report was noted and further explained by Senior Civil Engineer Dey. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Councilman Valiquette recused himself from discussion and vote on this item, due to his employment at Bonfante Gardens, stepped down from the dais, and left the room. Motion was made by Councilman Dillon, seconded by Councilman Gartman and carried (Councilman Valiquette absent) to adopt a resolution approving the vacation of the Bonfante Trail Easement. RESOLUTION NO. 2004~89 A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF GILROY ORDERING THE VACATION OF A PUBLIC TRAIL EASEMENT. PASSED AND ADOPTED this 18th day of October, 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. At 7:59 p.m., the Mayor called for a recess., after which he recalled the meeting to order. Impact Fees Public Hearing to introduce an ordinance establishing new Impact Fees and setting rates for Public Facilities, Water, Sewer, Storm and Traffic Impact Fees. The staff report was noted and further explained by City Engineer Smelser. The Mayor opened the Public Hearing. Beverley B. Bryant, Home Builders Association, thanked staff and Council for the work done on this project. She noted that they appreciate the review on the Traffic Impact Fee and the 25% reduction. She noted that they are in favor ofan annual peer review. She asked for additional independent review of the sewer fee. She questioned whether City funds were available to be combined with the developer fees for construction. She questioned the Public Facilities fee increase. She asked whether projects in process would be grandfathered in that have an approved and recorded final map. 8306 City Engineer Smelser noted that the discrepancy in the Public Facilities fee was between the Draft and Final copies of the document. He stated that extensive review has been done on the sewer fee. He explained the budget areas that contain the Enterprise funds to be combined with developer fees for construction. City Attorney Callon explained the grandfathering exception language noted in the resolution for residential final maps with fees to be paid by January 1,2005. Scott Schilling questioned what would be the fee increase in 2005 vs. today's impact fees, and was told $9,000. He questioned whether there was a method to receive credits for improvements, and was told that there was. He stated that he was in favor of a yearly review vs. every five years. He questioned if a newly adopted project could pre-pay their building permit fees, and was told that the plans must be deemed complete. Bill Lindsteadt, Gilroy EDC, thanked staff for all the work on this project, allowing a 37% reduction in the fees originally proposed. He questioned how the annual update would be figured, and City Engineer Smelser explained the process. Susan Jacobsen congratulated the Council on reviewing these fees. She asked that the Council review the fees to see if there are additional cost saving areas. The Mayor closed the Public Hearing. Letter from Beverley B. Bryant, Home Builders Association of Northern California regarding issue. Motion was made by Councilman Dillon, seconded by Councilman Valiquette and carried to approve a one year (annual) update/review for the traffic fee. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried to read the ordinance by title only and waive further reading of the ordinance, subject to a change to the Public Facilities Impact Fee noted by City Attorney Callon that the fee will be adjusted annually automatically based on the Construction Cost Index with no resolution needed, but that the Council by resolution could increase the fee from time to time based on new information according to Section 21. 163(b). The City Clerk read the ordinance by title only. Motion was made by Councilman Gartman, seconded by Councilman Dillon and the motion did not carry (Councilmembers Correa, Dillon, Morales, Valiquette, Velasco, and Pinheiro voting no) to remove the reference from five fees to one fee from the ordinance. Motion was made by Councilman Morales, seconded by Councilman Correa and carried (Councilman Gartman voting no) to introduce an Ordinance adding Article VII, commencing with Section 21.160, to Chapter 21 of the Gilroy City Code to authorize the combination of five existing development impact fees into one fee to fund public facilities. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried (Councilman Gartman voting no) to adopt a Resolution of the City Council of the City of Gilroy revising the Development Impact Fees charged by the Community Development Department. RESOLUTION NO. 2004-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REVISING THE DEVELOPMENT IMP ACT FEES CHARGED BY THE COJMMUNITY DEVELOPMENT DEPARTMENT. PASSED AND ADOPTED this 18th day of October, 2004, by the following vote~ AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE 8307 Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried to approve the revisions to the Policy regarding Commercial Project Threshold Trip Rate, revising the commercial low traffic trip threshold to less than (<) 10.75 trips per 1,000 sq.ft. and revising the commercial high traffic trip threshold to greater than or equal to 10.75 trips per 1,000 sq.ft. Chris Cote Public Hearing on a Zone Change request to re-zone 0.61 acres from Rl (Single Family Residential) to RI-PUD (Single Family Residential-Planned Unit Development), located at the northerly terminus of Wayland Lane. Chris Cote, applicant, Z 04-11. Motion was made by Councilman Morales, seconded by Councilman Correa and carried to continue Z 04-11 to the meeting of November 15, 2004 due to continuance by the Planning Commission. Chris Cote Public Hearing on a Tentative Map request to sub-divide 0.61 acres into 5 single family residential lots on property zoned Rl (Single Family Residential), located at northerly terminus of Wayland Lane. Chris Cote, applicant, TM 04-12. Motion was made by Councilman Morales, seconded by Councilman Correa and carried to continue TM 04-12 to the meeting of November 15, 2004 due to continuance by the Planning Commission. Hecker Pass Specific Plan 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. (Continued from the meeting of September 20, 2004.) (Please bring all previously distributed documents relating to this request.) GPA 02-01 was continued to the meeting of November 8,2004 due to continuance by the Planning Commission. Hecker Pass Special Use District 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. (Continued from the meeting of September 20,2004.) Z 04-04 was continued to the meeting of November 8,2004 due to continuance by the Planning Commission. Land Capital Group, Inc. Architectural & Site Planned Unit Development review to allow the construction of a 118,000 square foot shopping center on 10. 18 acres on property zoned C3-HC-M2-PUD (Shopping Center Commercial-Highway Commercial- General Industrial-Planned Unit Development), located at the southeast corner of Camino Arroyo and Highway 152. Land Capital Group, Inc. (c/o Scott Davison), applicant, AfS 04-29. The staff report was noted and further explained by Planner II Durkin. Jeffrey Eaton, architect for the project, noted that the developer is not trying to maximize the development on the site. He explained the need for greater visibility from Highway 101 and asked the Council to consider that information for the additional signage. Motion was made by Councilman Gartman, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving AfS 04-29, without the modification for the additional signage recommended by the Planning Commission, and allowing only one pylon sign for the development. 8308 Mills Act - Russell B. Carman Request to allow property located at 7711 Rosanna Street (Russell B. Carman, applicant, MA 04-02) to enter into a Mills Act property tax relief contract with the City of Gilroy. The staff report was noted and further explained by Planner II Durkin. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to approve entering into a Mills Act property tax relief contract with the City of Gilroy, Russell B. Carman, applicant, MA 04-02, subject to one condition. Fire Master Plan Recommendation to approve the Fire Services Master Plan Update. The staff report was noted. Motion was made by Councilman Morales, seconded by Councilman Correa and carried to direct staff to prepare a resolution approving the Fire Services Master Plan Update. The Mayor deviated from the regular agenda to accommodate interested persons in the audience. Susan Reddell, St. Louise Hospital, gave an update on the SEIU negotiations with the hospital. The Mayor returned to the regular order of the agenda. The following information items were noted with no separate discussion on same: Customer Service: Letter of thanks from Alan Viarengo to Lucy Solorzano for giving Cub Scout Pack 770, Den 6, a Museum tour. Letter of thanks from Joe Judge, SCVWD, to Rick Smelser for his continuing support for the Santa Clara Valley Water Resources Protection Collaborative. Note of thanks from Alicia & David Wang to Susan Voss for her patience, hard work and support in helping get Kindermusik classes up and running. Email of thanks from JeffScherck to Todd Barreras for his support his son Brad received with his Eagle Scout Project. Note of thanks from Gail Pacceoretti to Lisa Jensema for the coats and jackets received during "Second Chance Week". Email regarding a note of thanks from Library Commissioner Bud Burchell to the Employee BBQ Committee for the great Employee BBQ. Memorandum of commendation from Chief Giusiana to Sergeants Flippo, Ashley, and Provost~ Corporal Tiner~ and Officers Espinoza, Hernandez, and Sullivan for their accomplishments at the recent "Best of the West" competition. Informational items: Gilroy Economic Development Corporation minutes of September 10,2004. Memorandum regarding modifications to two (2) VT A bus routes. Letter from Jay Baksa to Supervisor Don Gage regarding concerns about traffic congestion on US 101 caused by the Coyote Valley project in San Jose. 8309 Councilman Morales stated that he attended Legislative Day held at the Rebekah Childrens Home and that there was discussion on supporting non-public schools and'the need to assist high risk students. He noted that he attended the Camp Roberts rededication. stating that it is being reactivated. The Mayor noted that he received information from the League of California Cities requesting action adopting a Resolution of support for Proposition 1 A and opposing Propositions 68 and 70. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to add an item to the agenda regarding adopting a Resolution of support for Proposition lA and opposing Propositions 68 and 70, determining that there was 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 Velasco, seconded by Councilman Valiquette and carried to adopt Resolution No. 2004-91 supporting Proposition lA and opposing Propositions 68 and 70. RESOLUTION NO. 2004-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SUPPORTING PROPOSITION lA AND OPPOSING PROPOSITIONS 68 AND 70.PASSED AND ADOPTED this 18th day of October, 2004, by the following vote~ AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCll..MEMBERS: NONE ABSENT:COUNCILMEMBERS:NONE *Meeting will be televised on Channel 17 OCTOBER 2004 18*Regular City Council Meeting - 6:00 p.m., Gilroy City Council Chambers 19 Neighborhood District Task Force -7:00 p.m., Gilroy Senior Center 25 Quarterly Workshop with the Gilroy Unified School Board - 6:00 p.m., City of Gilroy Corporation Yard Meeting Room, 613 Old Gilroy Street 26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy NOVEMBER 2004 1 Study Session - Review of the Open Space Authority - 6:00 p.m., Gilroy City Council Chambers , 1 *Regular City Council Meeting - 7:00 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 15*Regular City Council Meeting -7:00p.m., Gilroy City Council Chambers 16 Neighborhood District Task Force -7:00 p.m., Gilroy Senior Center 19 Joint City CounciVPolice DepartmentlFire Department Mini-Retreat - 9:00 a.m., Historic Strand Theatre, 7588 Monterey Street, Gilroy 23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy DECEMBER 2004 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 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy 14 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 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 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 8310 Adjournment At 9:35 pm, the Mayor adjourned the meeting to the meeting of November 1, 2004. Respectfully sUbml~'tted 'J , _k;;.._~~~l~~!.:':___~:!:_~~~~~~~_~____ jS/ RHONDA PELLIN, CMC City Clerk