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Minutes 2005/06/13 8400 , .. -, ~,'-'".,.~'. ."'~,'H.?'_:L,"""..,""~',"'-'_'-... ..".... --~---,,----~--~ - -".~_._"_.- - '':':'~.:'..:-:-::'~'_~::':',:~:::-:':'~~~~.::::~:'..::_~'''''-'''''''i '1.'~.'.C'd::.""'r""'\".';."',--='''''';';',.,-.~"""",,,,,,,,,~,,;,;,.,",,,,,;,'''''''',''''.,Z;~",,,,.'!':''.<;':;:.C..C;.;:;.__'.:~';';;'~.!,;-i;':.'4,,,,,,,,~:S-;:.~~.:;".,~':':':,,-'';'~",,',:_-,:,:<c;:,~' , -";;'.'~"';";;'C,;;;__,;,_,:,::..;..~,":_:~:';::;:;:',;W'."'.... .;;,'o',!~ Regular Meeting June 13, 2005 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Donna Garcia, South Valley Community Church, gave the invocation. The City Clerk noted that the agenda had been posted on June 8,2005 at 9:30 a.m. Roll Call Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales; Russ Valiquette; Al Pinheiro I Absent: Roland Velasco. 8401 Orders of the Day The Mayor announced that the presentation by the Economic Development Corporation (Item I.D.l.) would be continued to a future agenda. Presentations & Proclamations "Presentation by the Economic Development Corporation to the City of Gilroy - 2004 California Association for Local Economic Development Grand Prize Award of Excellence. " The Mayor presented the Employee Award for the Month of June, 2005 to Steve Beams, Engineering T echnician/Inspector II, Community Development Department. Presentations by members of the public for items not on the agenda, but within the subject matter jurisdiction of the City Council. Al Roybal noted a proposal for BMX (Bicycle Motocross) racing in Gilroy. He reviewed the proposal, noting that the track would be located in the new Gilroy Sports Park. Consent Calendar Motion was made by Councilman Morales, seconded by Councilman Correa and carried (Councilman Velasco absent) to approve the Consent Calendar. An Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from C3 (Shopping Center Commercial) to PO/R3 PUD (Professional Office/Medium Density Residential- Planned Unit Development) on approximately 7.1 acres located at Monterey Street, immediately south of the Platinum Theatres, APN 799-33-045, and -047, James Group c/o James Suner, Z 04-09. ORDINANCE NO. 2005-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM C3 (SHOPPING CENTER COMMERCIAL) TO PO/R3 PUD (pROFESSIONAL OFFICE/MEDIUM DENSITY RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 7.1 ACRES LOCATED AT MONTEREY STREET, IMMEDIATELY SOUTH OF THE PLATINUM THEATRES, APN 799-33-045, AND - 047, JAMES GROUP CIO JAMES SUNER, Z 04-09. PASSED AND ADOPTED this 13th day of June, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS VELASCO An Ordinance of the City Council of the City of Gilroy adopting the 2004 California Electrical Code and amending Sections 6.1 of Chapter 6 of the Gilroy City Code. ORDINANCE NO. 2005-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE 2004 CALIFORNIA ELECTRICAL CODE AND AMENDING SECTIONS 6.] OF CHAPTER 6 OF THE GILROY CITY CODE. PASSED AND ADOPTED this 13th day of June, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS VELASCO Recommendation to Approve Budget Amendments/Transfers. Claims of Amparo Acosta, Lawrence Garibaldi, and Ophelia Pequeno. Request for Funding from the Housing Trust of Santa Clara County. Approval of City of Gilroy purchase ofBMR (Below Market Rate) unit located at 1524 Rosette Way. 8402 A Resolution of the City Council of the City of Gilroy approving M 03-01, an application for approval of the City of Gilroy Neighborhood District Policy to implement the goals of the Neighborhood District General Plan Land Use Designation. RESOLUTION NO. 2005-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING M 03-01, AN APPLICATION FOR APPROVAL OF THE CITY OF GILROY NEIGHBORHOOD DISTRICT POLICY TO IMPLEMENT THE GOALS OF THE NEIGHBORHOOD DISTRICT GENERAL PLAN LAND USE DESIGNATION. PASSED AND ADOPTED this 13th day of June, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS VELASCO Gilroy Unified School District A Public Hearing on a Tentative Map request to sub-divide 2.46 acres into 9 single family residential lots on property zoned Rl (Single Family Residential), located at the terminus of Wren and Vickery Avenues, Gilroy Unified School District [c/o Steve Brinkman], applicant, TM 04-16. Councilman Gartman recused himself from discussion and vote on the next item, due to financial interest of being employed by the Gilroy Unified School District, stepped down from the dais and left the room. 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 Valiquette and carried (Councilmembers Gartman and Velasco absent) to direct staff to prepare a resolution approving TM 04-16. Councilman Gartman returned to his seat at the dais. City of Gilroy - Zoning Ordinance A Public Hearing on a Zoning Ordinance text amendment to Section 2, "Definitions" and Section 39 "Accessory Structures" to add text that will regulate "membrane accessory structures" throughout the City of Gilroy, City of Gilroy, applicant, Z 05-05. The staff report was noted and further explained by Planner II Durkin. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Velasco absent) to direct staff to prepare an ordinance approving Z 05-05. City of Gilroy - Budget Public Hearing on 2005-2010 Financial Plan of the City of Gilroy. The City Administrator reviewed the requested actions. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Velasco absent) to adopt Resolution No. 2005-39 adopting the budget for said City for Fiscal Year 2005-2006 and appropriating proposed expenditures for purposes set forth in budget. 8403 RESOLUTION NO.. 2005-39 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE BUDGET FOR SAID CITY FOR FISCAL YEAR 2005-2006 AND APPROPRIATING PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET. PASSED AND ADOPTED this 13th day of June, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, and PINHEIRO. NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERSVELASCO City of Gilroy - Appropriation Limits Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Velasco absent) to adopt Resolution No. 2005-40 adopting the appropriation limit for 2005-2006 Fiscal Year. RESOLUTION NO. 2005-40 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE APPROPRIATION LIMIT FOR 2005-2006 FISCAL YEAR. PASSED AND ADOPTED this 13th day of June, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERSVELASCO South County Regional Wastewater Authority (SCR W A) Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Velasco absent) to approve the 2005-2010 South County Regional Wastewater Authority (SCRWA) Financial Plan. City of Gilroy - Capital Improvement Budget Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Velasco absent) to approve the 2005 Capital Improvement Budget. City of Gilroy - Water Rates Public Hearing to consider revision and adjustment of rates and charges for municipal water service. The City Administrator reviewed the requested actions. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Velasco absent) to adopt Resolution No. 2005-41 establishing rates for water service. RESOLUTION NO. 2005-41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES FOR WATER SERVICE. PASSED AND ADOPTED this 13th day of June, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, and PINHEIRO NOES: COUNCILMrnMBERS: NONE ABSENT:COUNCILMEMBERSVELASCO Councilman Gartman recused himself from discussion and vote on the following item, due to financial interest of being employed by the Gilroy Unified School District, stepped down from the dais and left the room. Gilroy Unified School District Motion was made by Councilman Dillon, seconded by Councilman Correa and carried (Council members Gartman and Velasco absent) to adopt Ordinance No. 2005-13 approving an application for a change in zoning designation from PF (park/Public 8404 Facility) to Rl (Single Family Residential) on approximately 2.46 acres located at Wren Avenue, northeast corner of Wren and Vickery Avenues, APN 790-08-015, Gilroy Unified School District, applicant, Z 04-08. ORDINANCE NO. 2005-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM PF (P ARK/PUBLIC FACILITY) TO Rl (SINGLE FAMILY RESIDENTIAL) ON APPROXIMATELY 2.46 ACRES LOCATED AT WREN AVENUE, NORTHEAST CORNER OF WREN AND VICKERY AVENUES, APN 790-08-015, GILROY UNIFIED SCHOOL DISTRICT, APPLICANT, Z 04-08. PASSED AND ADOPTED this 13th day of June, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS GARTMAN and VELASCO Councilman Gartman returned to his seat at the dais. City of Gilroy - Zoning Ordinance An Ordinance of the City Council of the City of Gilroy amending the Gilroy Zoning Ordinance to add Section 30, "ND Neighborhood District," to amend Section 11, "Residential Tables," and to amend the Zoning Map to implement the Neighborhood District General Plan Land Use designation, City of Gilroy, applicant, Z 05-04. Motion was made by Councilman Dillon, seconded by Councilman Correa and carried (Councilman Velasco absent) 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 Dillon, seconded by Councilman Correa and carried (Councilman Velasco absent) to introduce an Ordinance of the City Council of the City of Gilroy approving Z 05-04. Sal Oliveri 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) and C 1 (Neighborhood Commercial) to ND-CIIPUD (Neighborhood District - Neighborhood CommerciallPlanned Unit Development) on an approximately 4.85 acre parcel located at 9435 Monterey Road, north of Farrell Avenue, APNS 790-07-002, -001, Salvatore Oliveri, applicant, Z 04-12A. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilman Velasco absent) 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 Dillon, seconded by Councilman Morales and carried (Councilman Velasco absent) to introduce an Ordinance of the City Council of the City of Gilroy approving Z 04-12A. City Administrator's Report The City Administrator noted that the July 5,2005 City Council meeting was moved to July 11, 2005 due to the new schedule. He stated that there are no pressing items for the July 11, 2005 meeting. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilman Velasco absent) to cancel the July 11, 2005 City Council meeting. The City Administrator stated that the August 1, 2005 meeting will start at 5:00 p.m. due to the Sister City dinner that night. He requested a 4:00 p.m. study session with the Council on the Bicycle Facility Master Plan, and the Council concurred. Mayor's Report Request to appoint one City Council representative to the Housing Advisory Committee, to advise staff and the Council on housing policies. 8405 Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Velasco absent) to appoint Councilman Correa member and Councilman Morales as the alternate member to the Housing Advisory Committee. *Meeting will be televised on Channel 17 JUNE 2005 13 Closed Session - Conference with Labor Negotiator - 6:00 p.m., Gilroy City Council Chambers 13*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers (NOTE CHANGE OF DATE) 14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 20 Regular City Council Meeting - (HAS BEEN MOVED TO JUNE 13, 2005) 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (TO BE CANCELLED) JUL Y 2005 5 Regular City Council Meeting - (HAS BEEN MOVED TO JULY 11,2005) 11 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers - (NOTE CHANGE OF DATE FROM JULYS, 2005) (MEETING HAS BEEN CANCELLED) 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 Study Session - South County Housing Cannery Project - 6:00 p.m., Gilroy City Council Chambers 18*Regular City Council Meeting- 22 City Council Mini-Retreat - 8:30 a.m., Gilroy City Council Chambers 25*Joint City Council/Planning Commission Study Session - Glen Loma Specific Plan- 6:00 p.m., Gilroy City Council Chambers 26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 27 Quarterly Workshop with the Gilroy Unified School Board - 6:00 p.m., Sunrise Fire Station Conference Room, 880 Sunrise Drive, Gilroy AUGUST 2005 1 *Regular City Council Meeting - 5:00 p.m., Gilroy City Council Chambers (NOTE START TIME CHANGE) 9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 15 * Regular City Council Meeting - (CANCELLED) 23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 739 p.m. the Mayor adjourned the meeting to themeeting 0:218, 2005 _'striL2!.d..6.L~~L!:_i:-'-:m____ Is! RHONDA PELLIN, CMC City Clerk