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Minutes 2005/11/07 "~~' .0"...,"".-........ _ , ,-, ,. "'.. ..-,,~ , ."., ...; ";"', _..~- .~-~_."-~...." - -~--~~--~-~~~~-------- ,;,,,,,,,,,,.'t;:"',,,,,,,,,.,"=,,,,,,,',,,~\'-.<.;""';-",'2".'" 8444 Regular Meeting November 07,2005 Gilroy, California The Mayor led the Pledge of Allegiance to the flag. There was no invocation given. The Mayor announced that the Council had adjourned from a Closed Session regarding Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a) and that no action had been taken. The City Clerk noted that the agenda had been posted on November 2, 2005 at 2:55 p.m. Roll Call Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales; Russ Valiquette; Roland Velasco; Al Pinheiro - 7:00 p.m. Orders of the Day The Mayor stated that this meeting would be adjourned in memory of Dr. T. J. Owens, President, Gilroy Unified School District Board of Education. He stated that Item III.B. on the Consent Calendar would be pulled and reagendized and that new information had been given to the Council for Consent Calendar Items lltH, IILL and III .J. 8445 Introductions The following new employee was not present for introduction: Jesus "Noel" Lemus, Police Officer, Police Department. Presentations & Proclamations The Mayor presented a proclamation to Barry Del Buono, EHC LifeBuilders, for Hunger and Homelessness Awareness Week - November 13-19, 2005. Bud Burchell, Library Commissioner, 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. There were no presentations by the public. Consent Calendar Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to approve the Consent Calendar, removing Item III.B. Approval of the Purchase Agreement for the Dong property for the Cultural Art Center (to be reagendized), and confirming that new information had been given to the Council for Consent Calendar Items III.H, III.!. and III.l Minutes of the Regular Council Meeting of October 17,2005. A Resolution of the City Council of the City of Gilroy, California, submitting a report in compliance with Government Code Section 53411 for the following District: Community Facilities District 2000-1, Highway 152, Special Tax Bonds, Series 2002. RESOLUTION NO. 2005-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, SUBMITTING A REPORT IN COMPLIANCE WITH GOVERNMENT CODE SECTION 53411 FOR THE FOLLOWING DISTRICT: COMMUNITY FACILITIES DISTRICT 2000-1, mGHW A Y 152, SPECIAL TAX BONDS, SERIES 2002. PASSED AND ADOPTED this 7th day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Resolution of the City Council of the City of Gilroy, in support of the Guidelines and Standards and the 2005-2006 Implementation Program of the Water Resources Protection Collaborative for the Planning and Permit Regulations for the Protection of Water Resources within the Santa Clara County. RESOLUTION NO. 2005-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, IN SUPPORT OF THE GUIDELINES AND STANDARDS AND THE 2005-2006 IMPLEMENTATION PROGRAM OF THE WATER RESOURCES PROTECTION COLLABORATIVE FOR THE PLANNING AND PERMIT REGULATIONS FOR THE PROTECTION OF WATER RESOURCES WITHIN THE SANTA CLARA COUNTY. PASSED AND ADOPTED this 7th day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Recommendation to Approve Budget Amendments/Transfers. A Resolution of the City Council of the City of Gilroy approving SPE 05-06, an application for a Small Project Exemption from the Residential Development Ordinance for 7 residential condominiums on the second and third floors of a new mixed-use building on an approximately 0.3-acre property zoned C2 (Central District Commercial) at 7888 Monterey Street (between First and Second Streets), APN 841-02-009. 8446 RESOLUTION NO. 2005-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 05-06, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR 7 RESIDENTIAL CONDOMINIUMS ON THE SECOND AND THIRD FLOORS OF A NEW MIXED-USE BUILDING ON AN APPROXIMATELY 0.3-ACRE PROPERTY ZONED C2 (CENTRAL DISTRICT COMMERCIAL) AT 7888 MONTEREY STREET (BETWEEN FIRST AND SECOND STREETS), APN 841-02-009. PASSED AND ADOPTED this 7th day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Resolution of the City Council of the City of Gilroy approving GPA 05-07, an amendment to the General Plan to include specified parcels in and remove specified others from the Neighborhood District General Plan designation, City of Gilroy, applicant. RESOLUTION NO. 2005-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GP A 05-07, AN AMENDMENT TO THE GENERAL PLAN TO INCLUDE SPECIFIED PARCELS IN AND REMOVE SPECIFIED OTHERS FROM THE NEIGHBORHOOD DISTRICT GENERAL PLAN DESIGNATION, CITY OF GILROY, APPLICANT. PASSED AND ADOPTED this 7th day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 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 Glen Lorna Ranch Specific Plan (GP A 00-01), for which an Environmental Impact Report was prepared in accordance with the California Environmental Quality Act, and adopting a Mitigation Monitoring Program for the project. RESOLUTION NO. 2005-81 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 GLEN LOMA RANCH SPECIFIC PLAN (GP A 00-01), FOR WInCH AN ENVIRONMENTAL IMP ACT REPORT WAS PREPARED IN ACCORDANCE WIlli THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A MITIGATION MONITORING PROGRAM FOR THE PROJECT. PASSED AND ADOPTED this 7th day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Resolution of the City Council of the City of Gilroy approving GPA 00.01 adopting the Glen Loma Ranch Specific Plan for approximately 360 acres east of Santa Teresa Boulevard between Greenfield Drive and Uvas Creek, and allocating an additional 250 residential development units, Glen Loma Group c/o Tim Filice, applicant. RESOLUTION NO. 2005-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GP A 00-01 ADOPTING THE GLEN LOMA RANCH SPECIFIC PLAN FOR APPROXIMATELY 360 ACRES EAST OF SANTA TERESA BOULEVARD 8447 BETWEEN GREENFIELD DRIVE AND UV AS CREEK, AND ALLOCATING AN ADDITIONAL 250 RESIDENTIAL DEVELOPMENT UNITS, GLEN LOMA GROUP C/O TIM FILICE, APPLICANT. PASSED AND ADOPTED this 7th day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Resolution of the City Council of the City of Gilroy approving A/S 04-69, an application for Architectural and Site approval for a new 100,660 square foot commercial shopping center in an existing commercial Planned Unit Development on approximately 9.48 acres at 8620 San Ysidro Avenue, APN 835-04-076, Chinatown, LLC, applicant. RESOLUTION NO. 2005-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 04-69, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL FOR A NEW 100,660 SQUARE FOOT COMMERCIAL SHOPPING CENTER IN AN EXISTING COMMERCIAL PLANNED UNIT DEVELOPMENT ON APPROXIMATELY 9.48 ACRES AT 8620 SAN YSIDRO AVENUE, APN 835-04- 076, CHINATOWN, LLC, APPLICANT. PASSED AND ADOPTED this 7th day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE . .A Resolution of the City Council of the City of Gilroy approving SPE 05-03, an application for a Small Project Exemption from the Residential Development Ordinance for sixteen (16) new residential units on the second and third floors of a new mixed-use building with credit for two existing residential units on an approximately 0.32-acre property zoned Cl (Neighborhood Commercial) at 97 Fourth Street (southeast corner of Fourth and Eigleberry Streets), APNs 799-06-066, -067, and -040, Custom One clo Gary Walton, applicant. RESOLUTION NO. 2005-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 05-03, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR SIXTEEN (16) NEW RESIDENTIAL UNITS ON THE SECOND AND THIRD FLOORS OF A NEW MIXED-USE BUILDING WITH CREDIT FOR TWO EXISTING RESIDENTIAL UNITS ON AN APPROXIMATELY 0.32-ACREPROPERTY ZONED Cl (NEIGHBORHOOD COMMERCIAL) AT 97 FOURTH STREET (SOUTHEAST CORNER OF FOURTH AND EIGLEBERRY STREETS), APNS 799-06-066, -067, AND -040, CUSTOM ONE C/O GARY WALTON, APPLICANT. PASSED AND ADOPTED this 7th day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Resolution of the City Council of the City of Gilroy reducing the Numerical Limit for the maximum total number of residential dwelling units to be built during the years 2004 through 2013, re-assigning unused units to the "Downtown Projects" exempt category, re-assigning units from the "Senior Housing" and "Affordable Senior" exempt categories to the "Affordable" exempt category, and determining not to conduct a2005 RDO competition, M 05-09. RESOLUTION NO. 2005-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REDUCING THE NUMERICAL LIMIT FOR THE MAXIMUM TOTAL NUMBER OF RESIDENTIAL DWELLING UNITS TO BE BUlL T DURING THE YEARS 2004 THROUGH 2013, RE-ASSIGNING UNUSED UNITS TO THE "DOWNTOWN 8448 PROJECTS" EXEMPT CATEGORY, RE-ASSIGNING UNITS FROM THE "SENIOR HOUSING" AND "AFFORDABLE SENIOR" EXEMPT CATEC':Y()RIES TO THE "AFFORDABLE" EXEMPT CATEGORY, AND DETERMINING NOT TO CONDUCT A 2005 RDO COMPETITION, M 05-09. PASSED AND ADOPTED this 7th day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Bids and Proposals Recommendation to award the bid for the Willey Cultural Center Site Improvements, Project No. 05-CDD-114, to Perma Green Hydroseeding for $166,610.00. The City Administrator presented a recommendation to award the bid for the Willey Cultural Center Site Improvements, Project No. 05-CDD-II4, to Perma Green Hydroseeding for $166,610.00. Motion was made by Councilman Dillon, seconded by Councilman Correa and carried to continue the bid for the Willey Cultural Center Site Improvements, Project No. 05-CDD-II4, to the meeting of November 21,2005. Recommendation to award the bid for one (1) New Model Year Chevrolet 1 Ton 4WD Crew Cab Truck, Bid No. 06-ASD-122, to Gilroy Chevrolet for $38,330.26. The City Administrator presented a recommendation to award the bid for one (1) New Model Year Chevrolet 1 Ton 4WD Crew Cab Truck, Bid No. 06-ASD-122, to Gilroy Chevrolet for $38,330.26. Motion was made by Councilman Dillon, seconded by Councilman Correa and carried to award the bid for one (1) New Model Year Chevrolet 1 Ton 4WD Crew Cab Truck, Bid No. 06-ASD-122, to Gilroy Chevrolet for $38,330.26. Recommendation to award the bid for one (1) New Model Four Stall Gooseneck Horse Trailer, Bid No. 06-ASD-121, to Sundowner of California for $25,749.00. The City Administrator presented a recommendation to award the bid for one (1) New Model Four Stall Gooseneck Horse Trailer, Bid No. 06-ASD-121, to Sundowner of California for $25,749.00. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried to award the bid for one (1) New Model Four Stall Gooseneck Horse Trailer, Bid No. 06-ASD-121, to Sundowner of California for $25,749.00. Glen Lorna Group Public Hearing on a Development Agreement between the City of Gilroy and Glen Loma Ranch, for the Glen Lorna Ranch Specific Plan, located adjacent to Santa Teresa Boulevard. Glen Loma Group, clo Tim Filice, applicant, M 05-12. 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 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 Valiquette and carried to introduce an ordinance of the City Council of the City of Gilroy approving M 05-12. 8449 Gilroy General Plan Public Hearing on a General Plan Amendment to create a Downtown Specific Plan District affecting approximately 160 contiguous acres within and surrounding Downtown Gilroy. City of Gilroy, applicant, GPA 03-01. The staff report was noted and further explained by Planning Division Manager Faus and City Engineer Smelser. The Mayor opened the Public Hearing. Gary Walton stated that it was a pleasure serving on the Task Force and stated that he learned a lot from the experience. He stated that all the parties have taken ownership of this project. The Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried to approve the Mitigated Negative Declaration, with the attached 28 mitigation measures, 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 Morales, seconded by Councilman Valiquette and carried to direct staff to prepare a resolution approving GPA 03-01, including modifications by the Planning Commission. At 8:23 p.m. the Mayor called for a recess, after which he recalled the meeting to order. City of Gilroy - Impact Fees Public Hearing to review the Traffic Impact Fee and set the rate for the Traffic Impact Fee. 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 Valiquette and carried to adopt Resolution No. 2005-86 setting the rate for the Traffic Impact Fee. RESOLUTION NO. 2005-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN ADJUSTMENT OF THE TRAFFIC IMP ACT FEE BASED ON REVIEW OF THE COSTS OF THE TRAFFIC PROJECTS BASED UPON ACTUAL AND/OR FORESEEABLE COSTS BEING EXPERIENCED BY THE BUILDING INDUSTRY. PASSED AND ADOPTED this 7th day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Glen Loma Group An Ordinance of the City Council of the City of Gilroy amending the Gilroy Zoning Ordinance to add Section 30, Glen Loma Ranch Special Use District, implementing provisions of the Glen Loma Ranch Specific Plan and to amend the Zoning Map on property located east of Santa Teresa Boulevard between Greenfield Drive and Uvas Creek, from ND (Neighborhood District) to GLR/PUD (Glen Loma Ranch Special Use DistrictIPlanned Unit Development), Glen Loma Group c/o Tim Filice, Z 05-13. Motion was made by Councilman Morales, 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. 8450 Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to introduce an ordinance of the City Council of the City of Gilroy adopting Z 05-13. City of Gilroy - City Code An Ordinance of the City Council of the City of Gilroy amending Chapter 2, Administration, of the Gilroy City Code. The staff report was noted and further explained by the City Administrator. Motion was made by Councilman Morales, 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 Dillon, seconded by Councilman Morales and carried to introduce an ordinance of the City Council of the City of Gilroy amending Chapter 2, Administration, of the Gilroy City Code. City of Gilroy - Ordinance Codification An Ordinance of the City of Gilroy amending Gilroy City Code Section 7.4.1, providing that certain charges to development projects in the C-2 Central Business District Zone and along a certain portion ofEigleberry Street are set at zero (0) percent of cost reasonably borne by the City, to extend its provisions until December 31, 2006 and to extend its provisions for projects involving remediation of unrein forced masonry buildings until December 31, 2006. The staff report was noted and further explained by the City Administrator. Gary Walton stated that you have seen the results of this fee waiver. He explained that the fee waiver has taken the place of the non-existent RDA. He noted that downtown has been ill for awhile. He stated that it is necessary to continue the incentive. Larry Cope echoed what Mr. Walton talked about. He stated it is important that this program stay for another year, and then evaluate it at that time. He emphasized that it will take longer to get tenants in the downtown, and this will help get those tenants. Motion was made by Councilman Correa, 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 Morales, seconded by Councilman Correa and carried to introduce an ordinance of the City Council of the City of Gilroy amending Gilroy City Code Section 7.4.1. City Administrator's Report The City Administrator noted that Sunrise and Carriage Hills Parks will be open for public use in about ten days to two weeks, but that they will have the official ribbon cutting/opening ceremonies later. In regard to the Housing Element, he noted that ABAG is refusing to do the work because the State has pulled reimbursement funds. He noted that ABAG has been given a two year extension to do the work, and therefore the Housing Element has been extended for two more years. He stated that they would like to keep the Housing Task Force in effect to keep working on current issues. He noted the joint meeting with the Gilroy Unified School District on November 14, 2005 and stated that the location and time will be verified and emailed to each of the Council members. City Attorney's Report Letter to California Supreme Court requesting review of Macpherson v. City of Hermosa Beach, Case No. Bl74240 (Appeal from the decision of the Los Angeles County Superior Court in Case No. BCI72546). Motion was made by Councilman Morales, ses;onded by Councilman Dillon and carried to join and send a letter to the California Supreme Court requesting review of Macpherson v. City of Hermosa Beach, Case No. B 174240. 8451 Council Members Report Councilman Dillon asked everyone to get out to vote and wished good luck to the candidates. Councilman Morales also asked the citizens to get out to vote. Councilman Roland gave best wishes to all five candidates and also encouraged the citizens to get out to vote. Councilman Gartman wished good luck to everyone and also asked the citizens to get out to vote. Mayor's Report The Mayor wished all the candidates good luck and asked the citizens to get out to vote. *Meeting will be televised on Channel 17 NOVEMBER 2005 7 Closed Session - Conference with Legal Counsel- Existing Litigation - 6:00 p.m., Gilroy City Council Chambers 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 14 Quarterly Workshop with the Gilroy Unified School Board - 6:00 p.m., at the Gilroy Unified School District Administration Office Board Room, 7810 Arroyo Circle 18 Joint City CouncillPolice DepartmentlFire Department Mini-Retreat - 8:00 a.m., Corporation Yard, 613 Old Gilroy Street 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 28 Joint City CouncillPlanning Commission Study Session - Hecker Pass Road Alignment - 5:00 p.m., Gilroy City Council Chambers DECEMBER 2005 5* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 12 Interviews for Boards/Commissions/Committees - 6:00 p.m., Gilroy City Council Chambers 13 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 19 Reception for Outgoing and Incoming Councilmembers - 6:00 p.m., City Hall Foyer 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 JANUARY 2006 2* Regular City Council Meeting - CANCELLED 10 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 23*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 8:53 p.m. the Mayor adjourned the meeting to the meeting of November 21,2005 - in the memory of Dr. T. 1. Owens, President, Gilroy Unified School District Board of Education. dlL({~L&.~__- Isl RHONDA PELLIN, CMC City Clerk