Loading...
Minutes 2004/11/01 8310 Regular Meeting NOVEMBER 01,2004 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Mark Turner, South Valley Community Church, gave the invocation. The City Clerk noted that the agenda had been posted on October 27, 2004 at 1 :34 p.rn_ Roll Call Present: Paul Correa~ Robert T. Dillon; Craig Gartman~ Charles S. Morales; Russ V aliquette~ Roland Velasco; Al Pinheiro Orders of the Day There were no changes to the agenda. Introductions The following new employees were introduced: Avey Gonzalez, Maintenance Worker I, Community Services Department and Karina Strand, Community Service Officer, Police Department. Presentations & Proclamations Employee Award for the Month of October, 2004. The Mayor presented the Employee Award for the Month of October, 2004 to Jerry Thome, Building Inspector II, Community Development Department. Team of the Month Award to the Safety Committee. The Mayor presented the Team of the Month Award to the Safety Committee (Lisa Bacio, Theresa Marquez, Rick Brandini, Daniel Castaneda, Carmen Medrano, Todd Barreras, Phyllis Reese, and Jacqueline Bretschneider). Certificate of Recognition to Bhagwan Sri Sri Sri Viswayogi Viswamjee Maharaj, "Viswamandiram" Guntur (AP), India. The Mayor noted a Certificate of Recognition for Bhagwan Sri Sri Sri Viswayogi Viswamjee Maharaj, "Viswamandiram" Guntur (AP), India, which was previously presented to the recipient. Team of the Month Award to the Plan Review Section. The Mayor presented the Team of the Month Award to the Plan Review Section (Jane Alexander, Carolyn Costa, and Nancy McDonald). Presentations by the members of the public for items not on the agenda. Carl Vincent Shook-Brennan stated that the City Code is flawed regarding Chapter 6a. He noted that he plans to file a lawsuit against all those involved in this conspiracy. Chris Cote noted a number of citizens who signed a poll regarding the Hecker Pass Specific Plan and the Agricultural Mitigation Plan. He distributed information received in the poll. 8311 Consent Calendar Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to approve the Consent Calendar. Minutes of the Regular Council Meeting of October 18,2004. Recommendation to Approve Budget Amendments/Transfers. Resolution of the City Council of the City of Gilroy for the 2002 Resources Bond Act State Urban Parks and Healthy CO!llffiunities Program approving the application for grant funds for the State Urban Parks and Healthy Communities Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of2002. RESOLUTION NO. 2004-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY FOR THE 2002 RESOURCES BOND ACT STATE URBAN PARKS AND HEALTHY COMMUNITIES PROGRAM APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE STATE URBAN PARKS AND HEALTHY COMMUNITIES PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. PASSED AND ADOPTED this 1st day of November, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Resolution ordering the vacation of 0.03 acres (1156 square feet) ofa public street dedication located on the north side of Cypress Court and Ponderosa Drive, Gilroy, California. RESOLUTION NO. 2004-93 RESOLUTION ORDERING THE VACATION OF 0.03 ACRES (1156 SQUARE FEET) OF A PUBLIC STREET DEDICATION LOCATED ON THE NORTH SIDE OF CYPRESS COURT AND PONDEROSA DRIVE, GILROY, CALIFORNIA. PASSED AND ADOPTED this 1st day of November, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Approval of Grant Deed and Quit Claim to the Santa Clara County Valley Transportation Authority to facilitate the Highway 152 Improvement Project B. A Resolution of the City Council of the City of Gilroy approving an update to the 2000 Master Plan of Fire Services. RESOLUTION NO. 2004-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN UPDATE TO THE 2000 MASTER PLAN OF FIRE SERVICES. PASSED AND ADOPTED this 1st day of November, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Resolution of the City Council of the City of Gilroy approving a policy regarding annual adjustment of the Traffic Impact Fee based on review of the costs of the traffic projects. 8312 RESOLUTION NO. 2004-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A POLICY REGARDING ANNUAL ADJUSTMENT OF THE TRAFFIC IMP ACT FEE BASED ON REVIEW OF THE COSTS OF THE TRAFFIC PROJECTS. PASSED AND ADOPTED this 1 st day of November, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Resolution of the City Council of the City of Gilroy providing for annual adjustments in Sewer, Water and Storm Development Impact Fees based upon the increase in the Construction Cost Index. RESOLUTION NO. 2004-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PROVIDING FOR ANNUAL ADJUSTMENTS IN SEWER, WATER AND STORM DEVELOPMENT IMP ACT FEES BASED UPON THE INCREASE IN THE CONSTRUCTION COST INDEX. PASSED AND ADOPTED this 1 st day of November, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Library Commission Report Library Commissioner Victor Valdez reviewed the activities of the Library Commission. He noted the increase of patrons at the Library. He commented that for the fourth year in a row, the Santa Clara County Library system was named the best public library in the United States of America. He noted that there is a letter writing campaign on-going to support the Library grant. He stated that due to funding cuts, the Library is now closed on Mondays. He noted that he is ending his tenure on the Library Commission and thanked the citizens for their support. Sports Park Improvement Bid Recommendation to award bid for the Sports Park Improvements - Phase I & II No. 05-CDD-108, to Don Chapin Company in the amount of $10,690,000. The City Administrator presented a recommendation to award the bid for the Sports Park Improvements - Phase I & II No. 05-CDD-I08, to Don Chapin Company in the amount of $10,690,000. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to award the bid for the Sports Park Improvements - Phase I & II No. 05-CDD- 108, to Don Chapin Company in the amount of $10,690,000. Impact Fees 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 to adopt Ordinance No. 2004-17 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. ORDINANCE NO. 2004-17 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 FACILTIES. PASSED AND ADOPTED this 1st day of November, 2004, by the following vote: 8313 AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE Church of Jesus Christ of Latter Day Saints An Ordinance of the City Council of the City of Gilroy prezoning approximately 6.21 acres as R1-PUD (Single-Family Residential- Planned Unit Development), prezoning approximately 2.11 acres as PF (ParklPublic Facility), and rezoning from Rl (Single- Family Residential) to RI-PUD (Single-Family Residential- Planned Unit Development) approximately 0.39 acres, all located at 6151 Thomas Road, APNs 808-39-066,067 and 808-21-024, 025~ Z 02-05, Church of Jesus Christ of Latter Day Saints, applicant Motion as made by Councilman Velasco, 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 Velasco, seconded by Councilman Morales and carried (Councilman Gartman voting no) to introduce an Ordinance of the City Council of the City of Gilroy approving Z 02-05. The James Group (Masoni Orchard) An Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from Al (Agriculture) to RI-PUD (Single-Family Residential- Planned Unit Development) on approximately 2.8 acres located on Miller - Avenue at the southwest corner of Santa Teresa Boulevard and Thomas Road, APNs 810- 23-002,003, The James Group (Masoni Orchard), applicant, Z 04-05. Motion was made by Councilman Velasco, 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 Velasco, seconded by Councilman Morales and carried to introduce an Ordinance ofthe City Council of the City of Gilroy approving Z 04-05. Del Curto Brothers An Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from Rl (Single-Family Residential) to RI-PUD (Single- Family Residential- Planned Unit Development) on approximately 1.93 acres located at 8895 Kern Avenue at the southwest comer of Kern and Mantelli, APNs 790-04-073,084, and 085, Del Curto Brothers, applicant, Z 04-07. 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 Correa, seconded by Councilman Morales and carried to introduce an Ordinance of the City Council of the City of Gilroy approving Z 04-07. Impact Fees A Resolution of the City Council of the City of Gilroy revising the Development Impact Fees charged by the Community Development Department Staff memorandum noting clerical error, no action required. Land Capital Group, Inc. A Resolution of the City Council of the City of Gilroy approving A1S 04-29, an application for Architectural and Site approval of a Planned Unit Development (PUD) for an approximately 118,000 square foot retail center (Gilroy Commons) on approximately 10.18 acres, located at the southeast comer of Highway 152 and Camino Arroyo, APNs 841-70-027,028,029,030, Land Capital Group, Inc. (c/o Scott Davison), applicant. 8314 Letter from applicant requesting reconsideration of the allowed signage. Scott Davison explained why he is requesting an additional pylon sign. He noted an alternative proposal for the project signage, adding an additional 40' pylon sign. Lynn Devoe, project marketing consultant, explained the need for the second pylon sign to have visibility for customers traveling further south to the third building in the project. Planner II Durkin stated that she recommended approval of this request. Motion was made by Councilman Gartman, seconded by Councilman Morales and carried to adopt Resolution No. 2004-97 approving A/S 04-29, an application for Architectural and Site approval of a Planned Unit Development (pun) for an approximately 118,000 square foot retail center (Gilroy Commons) on approximately 10.18 acres, located at the southeast corner of Highway 152 and Camino Arroyo, APN s 841-70-027,028,029,030, Land Capital Group, Inc. (c/o Scott Davison), applicant, subject to the modification to allow an additional 40' pylon sign, to be located with the approval of the Planning Division. RESOLUTION NO. 2004-97 APPROVING A/S 04-29, AN APPLICATION FOR ARCHITECTURAL AND SITE APPRO V AL OF A PLANNED UNIT DEVELOPMENT (pun) FOR AN APPROXIMATELY 118,000 SQUARE FOOT RETAIL CENTER (GILROY COMMONS) ON APPROXIMATELY 10.18 ACRES, LOCATED AT THE SOUTHEAST CORNER OF rnGHW A Y 152 AND CAMINO ARROYO, APNS 841- 70-027,028,029,030, LAND CAPITAL GROUP, INC. (C/O SCOTT DAVISON), APPLICANT. PASSED AND ADOPTED this 1st day of November, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Street Naming (Cameron Boulevard) Request to name the new arterial roadway located east of Highway 101 as Cameron Boulevard. The staff report was noted and further explained by Planner II Durkin. Joe McCarthy, Jr. stated that his family is making a significant investment in Gilroy. He noted that 20-30 years in the future, they will be part of Gilroy's history. He requested that if the whole length is not named McCarthy Boulevard, then perhaps just the southern portion could be named that. He stated that he understands if the City has their criteria and needs to follow it. Motion was made by Councilman Morales, seconded by Councilman Correa and the motion did not carry (Councilmembers Dillon, Gartman, Valiquette, and Velasco voting no) to name the new arterial roadway located east of Highway 101 as Cameron Boulevard. Motion was made by Councilman Gartman, seconded by Councilman Dillon to name the new arterial roadway Gilroy Boulevard, and the following motion took precedence. Motion was made by Councilman Velasco, seconded by Councilman Dillon and carried to reconsider the previous motion. Motion was made by Councilman Velasco, seconded by Councilman Correa and carried (Council members Gartman and Valiquette voting no) to name the new arterial roadway Cameron Boulevard. Street Naming Committee Request removal of Lani Biafore from the Street Naming Committee. The Staff Memorandum was noted. 8315 Motion was made by Councilman Correa, seconded by Councilman Morales and carried to remove Lani Biafore from the Street Naming Committee, and include the vacancy in the current recruitment/application period. After a short discussion, Councilman Dillon volunteered to assume Councilman Velasco's place on the Street Naming Committee. The following information items were noted with no separate discussion on same: Customer Service Letter of commendation from Joseph M. Lugo and Frances P. Lugo to Arica Hernandez and Jim Trujillo for their assistance with a water line break. Letter of thanks from Mary Ellen Ash, City ofWatsonville, to Gregg Polubinsky for assistance with an oral board. Email of congratulations from Donna Pray to Cathy Mirelez for another great Art Show. Note of thanks from Julianne Schenone to Cathy Mirelez for the Art and Culture Exhibit. Informational items City of Gilroy Investment Report dated September, 2004. Email from Rachel Munoz sharing an article regarding a rejuvenated neighborhood being rewarded. Minutes of the Arts and Culture Commission meeting of September 14, 2004. Minutes of the Gilroy Gang Task Force meetings of September 7,2004 and October 5,2004. Minutes of the Parks & Recreation Commission meeting of September 21, 2004. Minutes of the Senior Advisory Board meetings of August 16, 2004 and September 20, 2004. Minutes of the Gilroy Youth Commission meeting of September 13,2004. Minutes of the South County Regional Wastewater Authority meeting of September 14,2004. The City Administrator noted that the 2005 Council meetings have been predetermined for the first few meetings, so the proposed change from rescheduling a Council meeting after a holiday from the next day, Tuesday, to the following Monday will start later in the year. Councilman Dillon requested everyone vote tomorrow. Councilman Morales asked everyone to please vote, noting that it is everyone's guaranteed right to protect and preserve freedoms. Councilman Correa requested everyone to please vote. Councilman Gartman asked everyone to go out and vote, and wished good luck to all the candidates. The Mayor noted that they did have a meeting last week regarding the Indian casino. He stated that a press release went out and notes were being finalized. He explained that after each meeting, they will do a press release. He requested the Council on November 29,2004 at 6:00 p.m. hold a closed session on the City Attorney's performance review. He stated that after that review, the City Administrator will give a projects update report. 8316 He requested that Councilmembers ask Planner II Durkin any questions on the Hecker Pass Specific Plan now, to save time on Monday. He requested that Councilmembers get their input on the City Administrator's evaluation to him. He asked for a volunteer for the Gilroy Unified School District Accountability Task Force, and Councilman Morales stated that he would attend that task force. *Meeting will be televised on Channel 17 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 8 Special City Council Meeting - 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 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, 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., 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 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy JANUARY 2005 3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 11 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 18 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 24 Study Session - Joint City CouncillPlanning Commission on the Neighborhood District Policy - 6:00 p.m., Gilroy City Council Chambers 25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 8:34 pm, the Mayor adjourned the meeting to the meeting of November 15, 2004. Jt' ) / . / ,: ,',_ i ." __.l~_llJ..L~4i{_~______f....L1._L..t~~_______ Isl RHONDA PELLIN, CMC City Clerk