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Minutes 2005/07/18 8405 Orders of the Day The Mayor noted that the meeting would be adjourned in memory of Dick Nicholls. Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales; Russ Valiquette; Roland Velasco; Al Pinheiro. Roll Call The City Clerk noted that the agenda had been posted on July 13,2005 at 2:00 p.m. Pastor Bruce Rowlison, Gilroy Presbyterian Church, gave the invocation. The Mayor led the Pledge of Allegiance to the flag. Regular Meeting July 18, 2005 Gilroy, California 8406 Introductions The following promoted employee was introduced: Rosemary Guerrero, Budget Analyst, Administrative Services Department. The following new employee was introduced: Susan Andrade-Wax, Community Services Director, Community Services Department. Presentations & Proclamations The Mayor noted a presentation by Vic Vanni of the Economic Development Corporation to the City of Gilroy - 2004 California Association for Local Economic Development Grand Prize Award of Excellence. He introduced Larry Cope, new EDC Director. The Mayor noted a presentation of a Green Business Award to Gilroy Toyota and Al Sanchez Volkswagen. The Mayor noted a proclamation for United States Army Week - June 13-17, 2005, which was previously presented to the recipient. The Mayor noted the Volunteer of the Month of April, 2005 award to Glenn V onderworth would be continued to August 1, 2005. The Mayor presented the Volunteer of the Month of May, 2005 award to Pat Moore. The Mayor presented the Employee Award for the Month of July, 2005 to Mike Terasaki, Police Officer, Police Department. Dia Hoshida, Chair, Arts and Culture Commission, gave a report on their activities. Presentations by members of the public for items not on the agenda, but within the subject matter jurisdiction of the City Council. Chris Cote spoke regarding Gilroy's air quality. He noted the new technologies available to assist with better air quality. He requested a study session on the Gilroy Energy Independence Ordinance. Lisa Thornquist, M.D. spoke on pandemic preparation. She noted an Asian bird flu which is a concern to the medical profession. Consent Calendar Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried to approve the Consent Calendar, removing Item III.J. Minutes of the Regular Council Meetings of June 6 and 13,2005. A Resolution of the City Council of the City of Gilroy calling a General Municipal Election for Municipal Officers, requesting consolidation of elections with the General Election to be held November 8,2005, and requesting services of the Registrar of Voters. RESOLUTION NO. 2005-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING A GENERAL MUNICIPAL ELECTION FOR MUNICIPAL OFFICERS, REQUESTING CONSOLIDATION OF ELECTIONS WITH THE GENERAL ELECTION TO BE HELD NOVEMBER 8,2005, AND REQUESTING SERVICES OF THE REGISTRAR OF VOTERS. PASSED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Recommendation to Write-OffUncollectable Utility Accounts. Approval of agreement for the purchase of property from the Estate of Baleriana Oyao, for the Cultural Art Center, in the amount of $340,000.00. 8407 A Resolution of the City Council of the City of Gilroy establishing an all-way stop at the intersection of Santa Paula Drive and San Miguel Street in the City of Gilroy pursuant to Section 15.40 of the City Code. RESOLUTION NO. 2005-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF SANTA P AULA DRIVE AND SAN MIGUEL STREET IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE. PASSED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Resolution of the City Council of the City of Gilroy authorizing the filing of an application for Federal Surface Transportation Program funding for Forest Street Overlay and committing the necessary non-Federal match for the project( s) and stating the assurance of the City of Gilroy to complete the project. RESOLUTION NO. 2005-44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURF ACE TRANSPORTATION PROGRAM FUNDING FOR FOREST STREET OVERLAY AND COMMITTING THE NECESSARY NON-FEDERAL MATCH FOR THE PROJECT(S) AND STATING THE ASSURANCE OF THE CITY OF GILROY TO COMPLETE THE PROJECT. PASSED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ordinance Fixing Amount of Revenue from Property Taxes Necessary to Pay Bonded or other Indebtedness of the City for 2005-2006 and Ordinance Fixing Ad Valorem Assessment for 2005-2006 - Parking District No. 1 - First Division. ORDINANCE NO. 2005-14 ORDINANCE OF THE CITY OF GILROY FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO PAY BONDED OR OTHER INDEBTEDNESS OF THE CITY OF GILROY OR ANY PORTION OR DISTRICT OF THE CITY OF GILROY FOR THE FISCAL YEAR 2005-2006. PASSED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ORDINANCE NO. 2005-15 ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT FOR THE CURRENT FISCAL YEAR 2005-2006 NECESSARY TO PAY BONDED INDEBTEDNESS OF THE CITY OF GILROY AND THE CITY OF GILROY PARKING DISTRICT NO. 1 - FIRST DIVISION. PASSED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Request for Acceptance ofImprovements, Tract No. 9573, Castle Principles. Appoint Housing Advisory Committee members as recommended. 8408 A Resolution of the City Council of the City of Gilroy approving TM 04-13, a Tentative Map to subdivide an approximately 4.85 acre site into 19 mixed-use lots located at 9435 Monterey Road, north of Farrell Avenue, APNs 790-07-002, -001, Salvatore Oliveri, applicant. RESOLUTION NO. 2005-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 04-13, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 4.85 ACRE SITE INTO 19 MIXED-USE LOTS LOCATED AT 9435 MONTEREY ROAD, NORTH OF FARRELL AVENUE, APNS 790-07-002, -001. PASSED AND ADOPTED this 18th day of July, 2005, 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/S 04-43, an application for Architectural and Site approval of a Planned Unit Development (PUD) for an 18,000 square foot commercial building, 20 apartment units, and 16 duette homes located at 9435 Monterey Road, north of Farrell Avenue, APNs 790-07-002, -001, Salvatore Oliveri, applicant. RESOLUTION NO. 2005-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 04-43, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR AN 18,000 SQUARE FOOT COMMERCIAL BUILDING, 20 APARTMENT UNITS, AND 16 DUETTE HOMES LOCATED AT 9435 MONTEREY ROAD, NORTH OF FARRELL AVENUE, APNS 790-07-002, -001. PASSED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Request for Acceptance of Improvements, Monterey Streetscape Improvement Project, Project No. 00-CDD-524. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried to accept improvements, Monterey Streetscape Improvement Project, Project No. 00-CDD-524. Bids and Proposals Recommendation to approve sole source purchase for Council Chambers TV Camera System from Ceitronics in the amount of $60,557.00. The City Administrator and Public Information Officer Kline presented a recommendation to approve the sole source purchase for Council Chambers TV Camera System from Ceitronics in the amount of $60,557.00. Motion was made by Councilman Dillon, seconded by Councilman Valiquette and carried to approve the sole source purchase for Council Chambers TV Camera System from Ceitronics in the amount of$60,557.00. City of Gilroy - Weed Abatement Public Hearing on Report and Assessments for Weeds and Refuse Abatement. The staff report was noted and further explained by the City Administrator. The Mayor opened the Public Hearing. There being no comments, the Mayor closed the Public Hearing. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to adopt Resolution No. 2005-47 confirming the report of the Chief of the Fire Department setting forth the description of property, the owners thereof, and the cost of 8409 abating the nuisance caused by the growing of weeds and accumulation of refuse in the City of Gilroy, and providing that such cost shall constitute assessments against the respective owners of land. RESOLUTION NO. 2005-47 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE ON THE PROPERTY, AND PROVIDING THAT SUCH COST SHALL CONSTITUTE ASSESSMENTS AGAINST THE LAND. PASSED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE South Valley Disposal and Recycling Public Hearing to consider placement of liens for non-payment of charges for the collection of garbage, rubbish and refuse in the City of Gilroy. The staff report was noted and further explained by Finance Director Murphy. The Mayor opened the Public Hearing. There being no comments, the Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to adopt Resolution No. 2005-48 for placement ofliens for non-payment of charges for the collection of garbage, rubbish and refuse in the City of Gilroy. RESOLUTION NO. 2005-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGARDING THE IMPOSITION OF A SPECIAL ASSESSMENT LIEN THE COSTS OF DELINQUENT GARBAGE COLLECTION SERVICES FOR CERTAIN PROPER TIES LOCATED IN GILROY, CALIFORNIA. PASSED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE City of Gilroy - Zoning Ordinance Public Hearing on a Zoning Ordinance text change, amendments to accommodate changes to the City's right-of-way standards, sections 11.23, 19.23 and 23.23. City of Gilroy, applicant, Z 05-06. Motion was made by Councilman Valiquette, seconded by Councilman Gartman and carried to continue the Public Hearing to September 19,2005 to allow for a study session to be held in September. Fortino, Albert Public Hearing on a Tentative Map request to subdivide an existing 56-unit apartment unit complex into condominiums located at 8340 Kern Avenue (Crestwood Manor), on property zoned R4-PUD (High Density Residential), Albert Fortino, applicant, TM 05-06. The staff report was noted and further explained by Planner II Casper for TM 05-06 and A/S 05-13. The Mayor opened the Public Hearing for TM 05-06. Geary Coats, on behalf of the applicant, stated that he was present to answer any questions. He stated that he has no concerns with adding a condition to the tentative map regarding complying with state law. He stated that of the 56 residents, 50 are currently 8410 interested in purchasing their units, and the other 6 are on vacation and have not been able to be contacted. He stated that they are hoping 100% of the residents will be able to purchase their unit. Darlene Testagusa, tenant for nine years, stated that she appreciates the opportunity to buy her home. Peter Arellano stated that the project sounds great. He stated that the City should look at the Residential Condominium Conversion Policy for minor changes. The Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to direct staff to prepare a resolution approving TM 05-06, with an additional condition that it comply with state law. The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. Fortino, AIbert Architectural and Site review for an existing 56-unit apartment complex (Crestwood Manor) requesting to convert into condominiums located at 8340 Kern Avenue, on property zoned R4IPUD (High Density ResidentiallPlanned Unit Development). Albert Fortino, applicant, A/S 05-13. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried to direct staff to prepare a resolution approving A/S 05-13. The Mayor returned to the regular order of the agenda. City of Gilroy - Condominiums Public Hearing on minor modifications to update the City of Gilroy's existing Residential Condominium Conversion Policy. City of Gilroy, applicant, M 05-07. The staff report was noted and further explained by Planner II Casper. The Mayor opened the Public Hearing. There being no comments, the Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried (Councilman Velasco voting no) to direct staff to prepare an ordinance approving M 05-07 with two changes including that a vacancy survey be completed no more than six months prior to the Public Hearing and the City Council will define what "relocation assistance" means. Oliveri, Sal 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 Cl (Neighborhood Commercial) to ND-C IIPUD (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. Councilman Velasco stated that he had not reviewed the tape of the previous meeting and would not be voting on this issue. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilman Velasco absent) to adopt Ordinance No. 2005-16 approving Z 04-12A. ORDINANCE NO. 2005-16 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- 8411 NEIGHBORHOOD COMMERCIAL/PLANNED 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. PASSED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO 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. Councilman Velasco stated that he had not reviewed the tape of the previous meeting and would not be voting on this issue. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried (Councilman Velasco absent) to adopt ordinance approving Z 05-04. ORDINANCE NO. 2005-17 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. PASSED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO Community Advisory Board for Wal-Mart Request to appoint three members to the Community Advisory Board for Wal-Mart. The staff memorandum was noted. Motion was made by Councilman Valiquette, seconded by Councilman Morales and carried to appoint Katherine Filice, Barbara DeLorenzo, and Irene Day to the Community Advisory Board for Wal-Mart. Gilroy Unified School District A Resolution of the City Council of the City of Gilroy approving TM 04-16, a Tentative Map for an approximately 2.46 acre site designed as a nine (9) unit residential development on the northeast corner of Wren and Vickery Avenues; APN 790-08-015, Gilroy Unified School District, applicant. Councilman Gartman recused himself from discussion and vote on this issue due to his employment by the Gilroy Unified School District, stepped down from the dais and left the room. Councilman V elascostated that he had not reviewed the tape of the previous meeting and would not be voting on this issue. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilmembers Gartman and Velasco absent) to adopt Resolution No. 2005-49 approving TM 04-16. 8412 RESOLUTION NO. 2005-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 04-16, A TENTATIVE MAP FOR AN APPROXIMATELY 2.46 ACRE SITE DESIGNED AS A NINE (9) UNIT RESIDENTIAL DEVELOPMENT ON THE NORTHEAST CORNER OF WREN AND VICKERY AVENUES; APN 790-08- 015, GILROYUNlFIED SCHOOL DISTRICT, APPLICANT. PASSED AND ADOPTED this 18th day of July, 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. South County Community Building A Resolution of the City Council of the City of Gilroy approving ARE 05-01, an application for an affordable housing project exemption from the Residential Development Ordinance, APNs 841-04-026 and 841-04-027, South County Community Building, clo Nancy Wright. Mayor Pinheiro recused himself from discussion and vote on this issue due to business dealings with the applicant, stepped down from the dais, and left the room. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Mayor Pinheiro absent) to adopt Resolution No. 2005-50. RESOLUTION NO. 2005-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ARE 05-01, AN APPLICATION FOR AN AFFORDABLE HOUSING PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APNS 841-04-026 AND 841-04-027, SOUTH COUNTY COMMUNITY BUILDING, CIO NANCY WRIGHT. PASSED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE, VELASCO, and GARTMAN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO " Mayor Pinheiro 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 Section 2.2, "Definitions," and Section 39.30, "Accessory Structures in Residential Zones," to regulate membrane accessory structures, City of Gilroy, applicant, Z 05-05. Councilman Velasco stated that he had not reviewed the tape of the previous meeting and would not be voting on this issue. Motion was made by Councilman Gartman, 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 05-05. Melia, Augustine Resolution of the City Council of the City of Gilroy making required findings concerning significant effects, mitigation measures and alternatives, and adopting a Statement of Overriding Considerations, for the Las Animas Pre-zoning (Z 02-01) and Annexation (A 01-01), APNs 835-05-005, -006, -007, -008, and -009, for which 'an Environmental Impact Report was prepared in accordance with the California Environmental Quality Act, Augustine Melia, applicant. 8413 Motion was made by Councilman Gartman, seconded by Councilman Dillon and carried (Councilman Morales voting no) to adopt Resolution No. 2005-51. RESOLUTION NO. 2005-51 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING REQUIRED FINDINGS CONCERNING SIGNIFICANT EFFECTS, MITIGATION MEASURES AND ALTERNATIVES, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, FOR THE LAS ANIMAS PRE-ZONING (Z 02- 01) AND ANNEXATION (A 01-01), APNS 835-05-005, -006, -007, -008, AND -009, FOR WHICH AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AUGUSTINE MELIA, APPLICANT.P AS SED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: MORALES ABSENT: COUNCILMEMBERS: NONE Melia, Augustine An Ordinance of the City Council of the City of Gilroy approving application Z 02-01 to pre-zone to MI (Limited Industrial) approximately 53.38 acres located at the northeast corner of Las Animas Avenue and Monterey Street, APNs 835-05-005, ..006, -007, -008 and -009, Augustine Melia, applicant. Motion was made by Councilman Gartman, seconded by Councilman Valiquette 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 (Councilman Morales voting no) to introduce an Ordinance of the City Council of the City of Gilroy approving Z 02-01. Melia Augustine A Resolution of the City Council of the City of Gilroy initiating annexation proceedings and setting a date for consideration of reorganization of area designated "Las Animas-Cohansey Reorganization No. 01-01," property located at the northeast corner of Las Animas Avenue and Monterey Street and consisting of approximately 52.27 acres (APNs 835-05-005, 835-05-006, 835-05-007, 835-05-008 and 835-05-009), and detachment thereof from the County of Santa Clara, South Santa Clara County Fire District and Santa Clara County Open Space Authority. Motion was made by Councilman Gartman, seconded by Councilman Valiquette and carried to adopt Resolution No. 2005-52. RESOLUTION NO. 2005-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY INITIATING ANNEXATION PROCEEDINGS AND SETTING A DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "LAS ANlMAS-COHANSEY REORGANIZATION NO. 01-01," PROPERTY LOCATED AT THE NORTHEAST CORNER OF LAS ANIMAS AVENUE AND MONTEREY STREET AND CONSISTING OF APPROXIMATELY 52.27 ACRES (APNS 835-05- 005,835-05-006,835-05-007,835-05-008 AND 835-05-009), AND DETACHMENT THEREOF FROM THE COUNTY OF SANTA CLARA, SOUTH SANTA CLARA COUNTY FIRE DISTRICT AND SANTA CLARA COUNTY OPEN SPACE AUTHORITY. PASSED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 8414 Almeida, Monso Small Project Exemption request for 12 additional residential units (12 already approved), located at 7680 Monterey Street, on property zoned C2 (Central District Commercial). Monso AImeida, applicant, SPE 04-07. Mayor Pinheiro recused himself from discussion and action on this item due to business dealings with the applicant, stepped down from the dais and left the room. The staff report was noted and further explained by Planner II Polubinski. Monso AImeida stated that he is trying to improve the City with his application. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried (Mayor Pinheiro absent) to direct staff to prepare a resolution approving SPE 04-07. Mayor Pinheiro returned to his seat at the dais. Letter of resignation from Ismael Nava, Youth Commission member, effective June 17, 2005. The staff memorandum was noted. Motion was made by Councilman Gartman, seconded by Councilman Valiquette and carried to accept the resignation with regrets. Motion was made by Councilman Correa, seconded by Councilman Dillon and carried to include in the current recruitment/application period. City Administrator's Report The City Administrator distributed the final agenda for the retreat, stating that the packet would be out tomorrow. He noted that next Monday is the kickoff with the joint City Council/Planning Commission study session on the Glen Lorna Specific Plan. He stated that next Wednesday at the Sunrise Fire Station is the joint meeting with the Gilroy Unified School District Board of Education. He noted the October 10 joint study session with the Planning Commission on the Downtown Specific Plan and the October 24 joint study session with the Planning Commission on the Cannery Project. He stated that September 12, 2005 is the next scheduled regular meeting, but ifit is cancelled there will be a workshop that night on the right of way standards and projects update. If there is a meeting held on September 12, the right of way standards will be on September 14 and the projects update will be at 6:00 p.m. on September 12, 2005. Council Members Report Resolution of the City Council of the City of Gilroy requesting the Sate Legislature to pass Assembly Bill 438 (parra) to protect families living in rental communities from serious and high risk sex offenders. Motion was made by Councilman Velasco, seconded by Councilman Gartman and carried to adopt Resolution No. 2005.53 requesting the State Legislature to pass Assembly Bill 438 (parra) to protect families living in rental communities from serious and high risk sex offenders. RESOLUTION NO. 2005.53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REQUESTING THE STATE LEGISLATURE TO PASS ASSEMBLY BILL 438 (PARRA) TO PROTECT FAMILIES LIVING IN RENTAL COMMUNITIES FROM SERIOUS AND HIGH RISK SEX OFFENDERS. PASSED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilman Gartman stated that he is looking forward to the Garlic Festival. \ \ / / ,/' / / / / / / ;' 8415 , / / / / 8416 Councilman Morales commended the organizers of the downtown event and car show. Mayor's Report The Mayor stated that the August 1,2005 meeting is starting at 5:00 p.m. because we are having 27 guests visiting from four sister cities. He stated that the Councilmembers will all be receiving an invitation to a cocktail party to be held on July 28th welcoming our visitors and an invitation to a bon voyage dinner after the meeting on August 1, 2005. The Mayor reviewed the cultural exchanges planned with our sister cities. *Meeting will be televised on Channel 1 7 JULY 2005 18 Closed Session - Conference with Labor Negotiator - 5:30 p.m., Gilroy City Council Chambers 18 Study Session - South County Housing Cannery Project - 6:00 p.m., Gilroy City Council Chambers 18* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 22 City Council Mini-Retreat - 8:30 a.m., Gilroy City Council Chambers 25* Joint City Council/Planning Commission Study Session - Glen Lorna 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 Study Session - Bicycle Facility Master Plan - 4:00 p.m., City Council Chambers 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 SEPTEMBER 2005 12* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers (NOTE DATE CHANGE) 13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 19* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 9:27 p.m. the Mayor adjourned the meeting in memory of Dick Nicholls, Garlic Festival Association Executive Director. -) , " ) \, -./ ,; ,,/, . " _-:/.A_J~J_<,.Ll_CL(~~~,;;;__~,:__L.l_L_i;..~:;;________ Isl RHONDA PELLIN, CMC City Clerk