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Minutes 2005/03/07 Introductions of new employees The following new employee was introduced: Mario Bena, Firefighter II Lateral, Fire Department. Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales; Russ Valiquette; Roland Velasco; AI Pinheiro. Roll Call The City Clerk noted that the agenda had been posted on March 2,2005 at 11 :35 a.m. Pastor Mark Turner, South Valley Community Church, gave the invocation. The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting March 07, 2005 Gilroy, California 8359 8360 Presentations & Proclamations The Mayor presented a proclamation to Jeanne Fisher designating Gilroy as a Colon Cancer Free Zone. The Mayor presented a proclamation to Pat Moore designating Red Cross Month - March, 2005. The Mayor noted a proclamation for Science Fair \Veek - March 24-19,2005, which was previously mailed to the recipient. The Mayor presented the Volunteer of the Month of January, 2005 award to Sharon Fuqua. Planning Commission Report Dion Bracco, Planning Commission Chair, gave a report on their current activities, noting that things are a little slow right now. He noted the excitement with the projects in the downtown. He stated that Glen Lorna is ready to start up again. Presentation by members of the public for items not on the agenda, but within the jurisdiction of the City Council. There were no presentations by the public. Consent Calendar Motion was made by Councilman Valiquette, seconded by Councilman Dillon and carried to approve the Consent Calendar. Minutes of the Regular Council Meeting of February 22,2005. Request for approval of a Carnival by Butler Amusements, Inc. to be held March 31- April 3, 2005 in the parking lot at 6900 Chestnut Street, Gilroy. 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. ORDINANCE NO. 2005-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROvTN"G MODIFICATIONS TO TJIE ZONiNG ORDINANCE TO PROvIDE CONSISTENCY WITH THE CURRENT GILROY GENERAL PLAN AND TO CLARIFY A~TI SIMPLIFY TIlE EXISTll'iG ZONING ORDINfu.~CE, CITY OF GILROY, APPLICANT, Z 04-06. PASSED A..'-.'D ADOPTED this 7th day of March, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PIN'HEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Request to cancel the City Council meeting for August 15,2005. Request for Acceptance ofImprovements, Tract No. 9572, Vlren & Tatum A venue, Castle Principles LLC. Claims of Alice Cortez and Phyllis Hernandez. 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. Matthew Sullivan stated that he felt the City was pushed into adoption of this ordinance. He noted 65 signatures in opposition to this ordinance. He stated that he contacted residents in Gilroy and they were ovenvheimingly in opposition to this ordinance. 8361 Hugh Gailey stated objection to this ordinance, because the City is approving it without getting the correct data. Jim Gailey spoke in opposition to this ordinance. He noted that he also has a petition that several people signed in opposition to this ordinance. Emily Hopkins, BAAQMD Public Information Officer, spoke in favor of this ordinance. She noted that they are trying to meet the air quality standards that have been set. She stated that this is a health issue. Kevin Mellander stated that there is no data that Gilroy has exceeded the pollutants. He stated that this is a limitation of a basic liberty. Motion was made by Councilman Morales, seconded by Councilman Correa and carried (Council members Gartman and Valiquette voting no) 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 (Council members Gartman and Valiquette voting no) to introduce an Ordinance of the City Council of the City of Gilroy approving the addition of a new Article V to Chapter 6 of the Gilroy City Code entitled "Regulation of Wood burning Appliances". Mike Conrotto An Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from M2 (General Industrial) to CM (Commercial Industrial) on approximately 6 acres located at 6460-6490 Chestnut Street, APN 841-15- 069, Emsee Transportation Co. (c/o Mike Conrotto), applicant, Z 03-10. Motion was made by Councilman Velasco, 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 Correa. 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 03 -1 O. Shirley Lulevitt An Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from C2 (Central Commercial District) to C2-PUD (Central Commercial District-Planned Unit Development) on approximately 0.37 acres located at 7031 Monterey Street, between Ninth and Tenth Streets, APN 799-11-031, Shirley Lulevitt, applicant, Z 04-12. 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 of the City Council of the City of Gilroy approving Z 04-12. The Mayor recused himself from discussion and vote on Items VI.D. and VI.E. due to business relations with the applicants, stepped down from the dais and left the room. AIfonso AImeida A Resolution of the City Council of the City of Gilroy approving SPE 04-07, an application for a Small Project Exemption from the Residential Development Ordinance, APNs 841-04-016 and 017, Monso AImeida, applicant. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried (Mayor Pinheiro absent) to adopt Resolution No. 2005-14 approving SPE 04-07, an application for a Small Project Exemption from the Residential Development Ordinance, APNs 841-04-016 and 017. Monso AImeida, applicant. 8362 RESOLUTION NO. 2005-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 04-07, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APNS 841-04-016 AND 017, AFONSO ALMEIDA, APPLICANT. PASSED AND ADOPTED this 7th day of March, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILME~ERS:PINHEIRO Mike Bertolone A Resolution of the City Council of the City of Gilroy approving and modifying SPE 04-09, an application for a Small Project Exemption from the Residential Development Ordinance, replacing 12 exempt affordable housing units allocated by ARE 04-01, APNs 799-07-059,060, and 061, Mike Bertolone, applicant. Motion was made by Councilman Morales, seconded by Councilman Correa and carried (Mayor Pinheiro absent) to adopt Resolution No. 2005-15 approving and modifying SPE 04-09, an application for a Small Project Exemption from the Residential Development Ordinance, replacing 12 exempt affordable housing units allocated by ARE 04-01, APNs 799-07-059,060, and 061, Mike Bertolone, applicant. RESOLUTION NO. 2005-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AND MODIFYING SPE 04-09, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, REPLACING 12 EXEMPT AFFORDABLE HOUSING UNITS ALLOCATED BY ARE 04-01, APNS 799-07-059, 060, AND 061, MIKE BERTOLONE, APPLICANT. PASSED AND ADOPTED this 7th day of March, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILME~ERS: PINHEIRO The Mayor returned to his seat at the dais. CommissionsIBoards Request for appointment of member to the BicycleIPedestrian Advisory Board. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to appoint Gretchen Yoder-Schrock to the BicycleIPedestrian Advisory Board, term to expire December 31, 2006. Appointment of Mayor Protempore from April 1, 2005 through November 30,2005. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to appoint Councilman Gartman as Mayor Protempore from April 1, 2005 through November 30,2005. Economic Incentive Program Consideration of revising the Economic Incentive Program to allow incentives for Multi- Tenant Commercial Centers. The staff report was noted and further explained by Community Development Director Rooney. Lynn Deveau, representing Land Capital, spoke in favor of these revisions. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to approve the revisions to the Economic Incentive Program, amending the Commercial or Industrial Centers sales tax qualification to be met within one (1) year of the issuance of the first certificate of occupancy for the center. 8363 Impact Fees Consideration of implementing a limited term program that partially waives impact fees for small/medium multi-tenant centers. The staff report was noted and further explained by Community Development Director Rooney. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to direct staff to prepare an ordinance approving a limited term program that partially waives impact fees for small/medium multi-tenant centers. City Administrator's Report The City Administrator confirmed that the cm Study Session will be on March 29, 2005 at 6:00 p.m. He noted that Shapen is on the agenda for April 4, 2005, and that City staff will work to set an additional meeting date for the adoption of the ordinances and resolutions. City Attorney's Report The City Attorney noted that the City won the suit on the court costs regarding the WalMart issue, but noted that an appeal may have been filed. Council Members Report Councilman Velasco thanked City Clerk Pellin, City Administrator Baksa, City Attorney Canon, and Mayor Pinheiro for their assistance with Local Government Day for Leadership Gilroy, noting that it went well. Mayor's Report The Mayor thanked Councilman Dillon for being the Mayor Protempore for the last eight months. *Meeting will be televised on Channel 17 MARCH 2005 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 SCRWA 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 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy MAY 2005 2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 10 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 16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 23 Quarterly Workshop with the Gilroy Unified School Board - 6:00 p.m., Sunrise Fire Station Conference Room, 880 Sunrise Drive, Gilroy 24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment The Mayor adjourned the meeting to the meeting of March 21,2005. ~2- . ~ i~~~{~~(~---- City Clerk