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Minutes 2005/02/22 Melinda Cervantes reviewed Measures A & B on the May, 2005 election, which is a mailed ballot for County library funds. The Mayor presented a proclamation for Silicon Valley Reads Month - February, 2005 to Melinda Cervantes and Lani Yoshimura. The Mayor noted a certificate for retired Boardmember Barbara Cabello-Khan, Physically Challenged Board of Appeals, who was not present to accept the certificate. Presentations & Proclamations The Mayor presented the Employee Award for the Month of February, 2005 to Jennifer Silveira, Office Assistant I, Police Department. Introduction of new employee The following new employee was introduced: Gerald Bumanglag, Maintenance Worker Assistant, Community Services Department. Orders of the Day The Mayor announced that the Council had adjourned from a Closed Session regarding Conference with Labor Negotiator, pursuant to Government Code Section 54956.9(b) and that no action had been taken. The Mayor stated that Agenda Items V.D. and VI.B. would be continued to March 21,2005. Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales; Russ Valiquette; Roland Velasco; AI Pinheiro. The City Clerk noted that the agenda had been posted on February 16,2005 at 2:30 p.m. and the addendum posted on February 17, 2005 at 4:03 p.m. There was no invocation given. The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting February 22,2005 Gilroy, California 8353 8354 Donna Pray, Gilroy Center for the Arts Endowment Committee, announced additional donations to the Gilroy Center for the Arts. Presentations by members of the public for items not on the agenda, but within the subject matter jurisdiction of the City Council. Joan Spencer gave a short presentation on the American Cancer Society for Relay for Life on June 18 and 19,2005 at Christmas Hill Park. Consent Calendar Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried to approve the Consent Calendar, pulling Item III. C. from the approval. Minutes of the Regular Council Meeting of February 7; 2005. Property Improvement Agreement l"lo. 2004-17, 7995 Princevalle Street, Princevalle Plaza, Water Main Installation, GF Construction. (Item Pulled -listed twice - action to be under Agenda Item VII.D.). Property Improvement Agreement No. 2005-03, Tract 9651, Walton Heath Court/Portrush Lane at Eagle Ridge, Eagle Ridge Development Company L.L.C., Shapell Industries, Inc. Resolution of the City Council of the City of Gilroy in support of local libraries. RESOLUTION NO. 2005-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY IN SUPPORT OF LOCAL LIBRARIES. PASSED AND ADOPTED this 22nd day of February, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Request for naming of building elements for the Gilroy Center for the Arts to include: Box Office to be named in honor of Bill Lindsteadt, Gift Shop to be named in honor of Karen Christopher, House Manager's Office to be named in honor of Margaret K. Barham, Men's Dressing Room to be named in honor of Gilroy Hispanic Chamber of Commerce, Instrument Storage Room to be named in honor of Mary and Pete Rizzi & Maggie and Pete Tognetti, Tech Office to be named in honor of Michael and Dia Hoshida Family, and Sound and Light Control Room to be named in honor of Joe and Patty Giacalone Family. A Resolution of the City Council of the City of Gilroy ordering the vacation of a certain area of land designated as a Public Service Easement on a portion of Lot 8 shown on that certain Tract Map 9546, "Lands of Hewell," filed for record on July 1,2004, in Book 772 of Maps, at pages 10 and 11, records of Santa Clara County. RESOLUTION NO. 2005-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE VACATION OF A CERTAIN AREA OF LAND DESIGNATED AS A PUBLIC SERVICE EASEMENT ON A PORTION OF LOT 8 SHOWN ON THAT CERT AIN TRACT MAP 9546, "LANDS OF HEWELL," FILED FOR RECORD ON JULY 1, 2004, IN BOOK 772 OF MAPS, AT PAGES 10 AND 11, RECORDS OF SANr A CLARA COUNTY. PASSED AND ADOPTED this 22nd day of February, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 8355 A Resolution of the City Council of the City of Gilroy ordering the vacation of a Public Service Easement designated as a perpetual right to empty waste water on approximately 32.7 acres granted in a deed from John F. and Celia E. Unglish to the City of Gilroy dated March 12, 1896, and recorded May 26, 1896 in Book 190 of Deeds, at page 147. RESOLUTION NO. 2005-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE VACATION OF A PUBLIC SERVICE EASEMENT DESIGNATED AS A PERPETUAL RIGHT TO EMPTY WASTE WATER ON APPROXIMATELY 32.7 ACRES GRANTED IN A DEED FROM JOHN F. AND CELIA E. UNGLISH TO THE CITY OF GILROY DATED MARCH 12, 1896, AND RECORDED MAY 26, 1896 IN BOOK 190 OF DEEDS, AT PAGE 147. PASSED AND ADOPTED this 22nd day of February, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERS:NONE Bids and Proposals _ Recommendation to award bid for three (3) Chevrolet Tahoe 2WD Police Vehicles, 05-ASD-I1O, to Gilroy Chevrolet in the amount of $86,988.63. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to award the bid for three (3) Chevrolet Tahoe 2WD Police Vehicles, 05-ASD- 110, to Gilroy Chevrolet in the amount of$86,988.63. Recommendation to award bid for two (2) Police Interceptor Vehicles, 05-ASD-lll, to Bob Lynch Ford, Inc. in the amount of $49,202.62. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried to award the bid for two (2) Police Interceptor Vehicles, 05-ASD-ll1, to Bob Lynch Ford, Inc. in the amount of$49,202.62. Recommendation to award bid for one (1) 2005 Model Year Vactor Sewer/Jet Radder Truck, to Ricker Machinery Company in the amount of$181,740.90. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried to award the bid for one (1) 2005 Model Year Vactor Sewer/Jet Rodder Truck, to Ricker Machinery Company in the amount of$181,740.90. Recommendation to award consulting contract for replacement of the current telephone system to Pacific Design Engineering in the estimated amount of$50,000.-D0. Motion was made by Councilman Correa, seconded by Councilman Morales and carried to award the consulting contract for replacement of the current telephone system to Pacific Design Engineering in the estimated amount of $50,000.00. Recommendation to award bid for Professional Services to Update the City's Aerial Imagery, 05-RFP-CDD-313, to 3DI West in the amount of$35,570.00. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to award the bid for Professional Services to Update the City's Aerial Imagery, 05-RFP-CDD-313, to 3DI West in the amount of$35,570.00. Mike Conrotto A Public Hearing on a Zone Change request to change the zoning of 6+ acres from M2 (General Industrial) to CM (Commercial Industrial) on property located at 6460-6490 Chestnut Street, Z 03-10, Emsee Transportation Company (c/o Mike Conrotto), applicant. The staff report was noted and further explained by Planner II Durkin. The Mayor opened the Public Hearing. Mike Conrotto stated that he was present to answer any questions. 8356 Chris Mann, Granite Rock, read a comment letter into the record expressing concerns with this request. The Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Gartman voting no) 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 Velasco, seconded by Councilman Morales and carried (Councilman Gartman voting no) to direct staff to prepare an ordinance approving Z 03-10. Shirley Lulevitt A Public Hearing on a Zone Change request to change the zoning from C2 (Central District Commercial) to C2-PUD (Central District Commercial-Planned Unit Development), located at 7031 Monterey Street, west side of Monterey Street, between Ninth and Tenth Streets, Shirley Lulevitt, applicant, Z 04-12. The staff report was noted and further explained by Planner II Polubinsky for Z 04- 12, TM 04-14, and for A/S 04-31. The Mayor opened the Public Hearing for Z 04-12 and TM 04-14. Edwardo Martinez, architect, noted that this project has brought forth interesting comments from the neighbors. He stated that he thinks that there will be more of this type of development in Gilroy. The Mayor closed the Public Hearing. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to direct staff to prepare an ordinance approving Z 04-12. Shirley Lulevitt A Public Hearing on a Tentative Map request to create 8 lots on property zoned C2- PUD (Central District Commercial), located at 7031 Monterey Street, on the west side of Monterey Street, between Ninth and Tenth Streets, Shirley Lulevitt, applicant, TM 04-14. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving TM 04-14. The Mayor deviated from the agenda to accommodate interested persons in the audience. Shirley Lulevitt Architectural & Site Planned Unit Development approval request to allow the construction of a new mixed use building on property zoned C2 (Central District Commercial), located at 7031 Monterey Street, on the west side of Monterey Street, between Ninth and Tenth Streets, Shirley Lulevitt, applicant, A/S 04-31. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to direct staff to prepare a resolution modifying A/S 04-31, to add condition #33 regarding inclusion of a requirement for a parking agreement. The Mayor returned to the regular order of the agenda. Neil Mussallem A continued Public Hearing on a Zone Change request to re-zone (2) two single family residential lots from Rl (Single Family Residential) to RI-PUD (Single Family Residential-Planned Unit Development) on property located at 7861 & 7891 Miller Avenue, Z 03-08, Neil Mussallem, applicant. 8357 Motion was made by Councilman Correa, seconded by Councilman Morales and carried to continue to the meeting of March 21,2005, since no new documentation has been received by staff for review. City of Gilroy - Zoning Ordinance An Ordinance of the City Council of the City of Gilroy approving modifications to the Zoning Ordinance to provide consistency with the current Gilroy General Plan and to clarify and simplify the existing Zoning Ordinance, City of Gilroy, applicant, Z 04-06. Motion was made by Councilman Valiquette, seconded by Councilman Gartman 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 Gartman, seconded by Councilman Valiquette and carried to introduce an Ordinance of the City Council of the City of Gilroy approving Z 04-06. Neil Mussallem Small Project Exemption to allot 8 units on property zoned Rl (Single Family Residential), located at 7861 & 7891 Miller Avenue, SPE 03-09, Neil Mussallem, applicant. Motion was made by Councilman Valiquette, seconded by Councilman Dillon and carried to continue to the meeting of March 21,2005, since no new documentation has been received by staff for review. Mike Bertolone Small Project Exemption to allot 16 residential units on property zoned C2 (Central District Commercial), located at 7433 Monterey Road, on the east side of Monterey Street, between Fifth and Sixth Streets, Mike Bertolone, applicant, SPE 04-09. The Mayor recused himself from discussion and vote on this application due to business interests with the applicant, stepped down from the dais, and left the room. The staff report was noted and further explained by Planner II Polubinsky. Mike Bertolone explained why he went from 12 units to 16 units, due to the . additional costs of the breezeway from Monterey Street to the alleyway. Motion was made by Councilman Morales, seconded by Councilman Dillon and the motion did not carry (Council members Dillon, Gartman, Valiquette, and Velasco voting no and Councilman Pinheiro absent) to direct staff to prepare a resolution approving SPE 04-09. Motion was made by Councilman Velasco, seconded by Councilman Dillon and carried (Councilman Pinheiro absent) to direct staff to prepare a resolution approving SPE 04-09 modifying the approval from 16 units to 12 units. The Mayor returned to his seat at the dais. Afonso Almeida Small Project Exemption to allot 12 units on property zoned C2 (Central District Commercial), located at 7680 Monterey Street, on the east side of Monterey Street, between Third and Fourth Streets, Afonso AImeida, SPE 04-07. The Mayor recused himself from discussion and vote on this project due to business interests with the applicant, stepped down from the dais, and left the room. The staff report was noted and further explained by Planner II Polubinsky. Motion was made by Councilman Velascc;, seconded by Councilman Morales and carried (Mayor Pinheiro absent) to direct staff to prepare a resolution approving SPE 04- 07. The Mayor returned to his seat at the dais. 8358 City of Gilroy - Ordinance Codification An Ordinance of the City Council of the City of Gilroy pertaining to the reduction of air pollution by the regulation of woodburning appliances by adding a new Article V to Chapter 6 of the Gilroy City Code entitled "Regulation of Wood burning Appliances". The staff report was noted and further explained by the City Administrator. Joan Spencer spoke in support of the wood burning stove ordinance. David Low, representing the American Lung Association, noted that Santa Clara County has some of the worst air pollution, which comes partially from wood burning stoves. He strongly encouraged the Council to adopt this ordinance. Chris Cote spoke in support of this ordinance. He commended Lisa Jensema and Gena Pinheiro for their commitment to our environment. Matthew Sullivan spoke in opposition to this ordinance. Jim Gailey spoke in opposition to Section 6.35(c) for reconstruction of fireplaces. Environmental Programs Coordinator Jensema explained that during reconstruction, they would have to build it to current code. Motion was made by Councilman Dillon, seconded by Councilman Gartman and carried to continue this request to March 7, 2005. Customer Service Email of thanks from Rosemary Guerrero to Lisa Bacio for assistance with new prescription benefits. Email of thanks from Kelly Felice to Jane Alexander for always helping with customer questions. Letter of thanks from Bruce Cumming, City of Morgan Hill Chief of Police, to Captain Jack Robinson for assisting with an internal investigation and to Sergeant Wes Stanford for serving on an interview panel. Email of thanks from David Chulick to Phaedra Hernandez for drafting the staff report and developing the consulting contract for the phone project. Letter of thanks from Marjorie Matthews, County of Santa Clara, for the City of Gilroy remittance of $4,480 for the Countywide Homeless Count and Survey. Informational memorandum regarding LAFCO action on Island Annexation Policy. City Administrator's Report The City Administrator distributed copies of the Capital Improvement Budget and Goals and Objectives. He noted the study session on the CIB to be held on Monday, February 28, a Study Session on Tuesday, March 1 regarding VTP 2030, and on Wednesday a workshop with the Gilroy Unified School District. City Attorney's Report The City Attorney noted a case in Los Angeles that dealt with the attention of a City Council during a hearing. There was a lawsuit filed, and because the City Council did not pay attention during a CUP Public Hearing, the court said that there was not due process, and the court sent the issue back to the Los Angeles City Council to re-review the application. Council Members Report Councilman Morales noted endorsement forms for Library measure A & B. Mayor's Report The Mayor stated that the Council would be adjourning to a closed session regarding Conference with Labor Negotiator pursuant to Government Code Section 54956.9(b). - "" ,,,,,,,,~,,<..,->~ ----------'---- 8359 The Mayor reconvened the meeting and announced that no action had been taken in the Closed Session. *Meeting will be televised on Channel 17 FEBRUARY 2005 22 Study Session - Neighborhood District Policy - 5:30 p.m., City Council Chambers 22 Closed Session - Conference with Labor Negotiator - 6:00 p.m., Gilroy City Council Chambers 22*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 28*Joint Council/Planning Commission Study Session - Review of the 2005 cm- 6:00 p.m., Gilroy City Council Chambers MARCH 2005 1 Study Session - VTP 2030 Presentation & Discussion ofa Vehicle Registration Fee Increase - 6:00 p.m., Gilroy City Council Chambers 2 Quarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., Gilroy Unified School District Administration Office Board Room, 7810 Arroyo Circle 7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 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 Joint Study Session with the Planning Commission on the Draft Trail Master Plan - 6:00 p.m., Gilroy City Council Chambers 21 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy APRIL 2005 4 Study Session - Hazard Mitigation DMA 2000 - 6:30 p.m., City Council Chambers 4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 12 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 13 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 26 SCR W A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment The Mayor adjourned the meeting to the meeting of March 7,2005. \K:1LlYL~".ljd;L'-!_' Is! RHONDA PELLIN, CMC City Clerk