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Minutes 2006/02/06 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 comments by the public. The Mayor noted a presentation by Melinda Cervantes, County Librarian, on the Library Bond Act of2006. The Mayor noted a proclamation for National Catholic Schools Week - January 29, 2006 through February 4,2006, which was previously mailed to the recipient. The Mayor presented the Employee Award for the Month of January, 2006 to Gregg Polubinski, Planner II, Community Development Department. Presentations & Proclamations The Mayor presented the Team of the Month Award for February 2006 to Olga Juarez-Castro, Carlos Valdez, Mike Blundo, Rubil Diaz, and Frank Comin. Introductions The following new employee was introduced: Saeid Vaziry, Senior Environmental Engineer, Community Development Department. Orders of the Day There were no changes to the agenda. Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette; Roland Velasco; AI Pinheiro - 7:00 p.m. Roll Call The City Clerk noted that the agenda had been posted on February 1,2006 at 4:00 p.m. and the addendum to the agenda was posted on February 3, 2006 at 4:20 p.m. 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. There was no invocation given. The Mayor led the Pledge of Allegiance to the flag. Regular Meeting February 06,2006 Gilroy, California 8481 8482 Consent Calendar Motion was made by Councilman Velasco, seconded by Councilman Arellano and carried to approve the Consent Calendar, removing Items III.I. Resolution regarding parking lots and III.L. Resolution regarding modified right-of-way standards. Minutes of the Regular Council Meeting of January 23,2006. Property Improvement Agreement No.: 2006-03, Tract 9788 - Arroyo Circle, Southpoint Business Park Associates, A California Joint Venture, APN: 841-69-018. A Resolution of the City Council of the City of Gilroy approving TM 05-12, a Tentative Map to create seven residential condominiums and two commercial condominiums on approximately 0.3 acres located at 7888 Monterey Street, APN 841-02-009, JeffKwok c/o Ruby Chung, applicant. RESOLUTION NO. 2006-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 05-12, A TENTATIVE MAP TO CREATE SEVEN RESIDENTIAL CONDOMINIUMS AND TWO COMMERCIAL CONDOMINIUMS ON APPROXIMATELY 0.3 ACRES LOCATED AT 7888 MONTEREY STREET, APN 841-02-009, JEFF KWOK CIO RUBY CHUNG, APPLICANT. PASSED AND ADOPTED this 6th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE An Ordinance of the City Council of the City of Gilroy approving application Z 03-04 to pre-zone to R1 (Single-Family Residential) approximately 5.5 acres located at 5875 and 5885 Miller Avenue, west of the intersection of Thomas, Miller and Mesa Roads, APNs 810-28-002,014 and 015, Chappell/Sargenti, applicant. ORDINANCE NO. 2006-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 03-04 TO PRE-ZONE TO R1 (SINGLE-FAMILY RESIDENTIAL) APPROXIMATELY 5.5 ACRES LOCATED AT 5875 AND 5885 MILLER AVENUE, WEST OF THE INTERSECTION OF THOMAS, MILLER AND MESA ROADS, APNS 810-28-002, 014 AND 015, CHAPPELL/SARGENT!, APPLICANT. PASSED AND ADOPTED this 6th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE An Ordinance of the City Council of the City of Gilroy approving application Z 05-07 to pre-zone to ND (Neighborhood District) approximately 27.7 acres located at the southwest corner ofLuchessa Avenue and Monterey Road, APNs 808-21-008, 009, 016, and 018, Luchessa Road LLC, applicant. ORDINANCE NO. 2006-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 05-07 TO PRE-ZONE TO ND (NEIGHBORHOOD DISTRICT) APPROXIMATELY 27.7 ACRES LOCATED AT THE SOUTHWEST CORNER OF LUCHESSA AVENUE AND MONTEREY ROAD, APNS 808-21-008, 009, 016, AND 018, LUCHESSA ROAD LLC, APPLICANT. PASSED AND ADOPTED this 6th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 8483 Property Improvement Agreement No.: 2006~01, Tract 9747 - Eagle Ridge, Eagle Ridge Group 3 Estates ~ Berwick Lane @ Strath Place, Eagle Ridge Development Company LLC. Request for Acceptance of Improvements, Tract No. 9678, Rancho Meadows II, Rancho Meadows, Inc. A Resolution of the City Council of the City of Gilroy making certain findings and approving Miller Avenue reorganization No. 03-01, the annexation of property located at 5875 and 5885 Miller Avenue, west of the intersection of Miller Avenue, Thomas Road and Mesa Road and consisting of approximately 5.5 acres (APNs 81O~28~002, 810-28- 014 and 810-28-015), and approving detachment thereof from the County of Santa Clara, South Santa Clara County Fire District and Santa Clara County Open Space Authority, A 03-01. RESOLUTION NO. 2006-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS AND APPROVING MILLER AVENUE REORGANIZATION NO. 03~01, THE ANNEXATION OF PROPERTY LOCATED AT 5875 AND 5885 MILLER AVENUE, WEST OF THE INTERSECTION OF MILLER AVENUE, THOMAS ROAD AND MESA ROAD AND CONSISTING OF APPROXIMATELY 5.5 ACRES (APNS 810-28~002, 810-28~014 AND 810-28-015), AND APPROVING DETACHMENT THEREOF FROM THE COUNTY OF SANTA CLARA, SOUTH SANT A CLARA COUNTY FIRE DISTRICT AND SANTA CLARA COUNTY OPEN SPACE AUTHORITY, A 03-01. PASSED AND ADOPTED this 6th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Resolution of the City Council of the City of Gilroy approving SPE 05-02, an application for a Small Project Exemption from the Residential Development Ordinance for six single-family residential units on approximately 2.5 acres located southwest of Santa Teresa Blvd. and Ballybunion Drive, APN 810-42-001, John Filice, applicant. RESOLUTION NO. 2006-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 05-02, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR SIX SINGLE-FAMILY RESIDENTIAL UNITS ON APPROXIMATEL Y 2.5 ACRES LOCATED SOUTHWEST OF SANTA TERESA BL YD. AND BALL YBUNION DRIVE, APN 810-42-001, JOHN FILICE, APPLICANT. PASSED AND ADOPTED this 6th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, 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 designating certain private lands as public off-street parking lots and providing for the regulation of parking thereon and the restriction of parking to two hours, and converting existing public parking spaces in certain areas of the downtown to two-hour public parking spaces. Motion was made by Councilman Velasco, seconded by Councilman Correa and carried to adopt Resolution No. 2006-8 designating certain private lands as public off- street parking lots and providing for the regulation of parking thereon and the restriction of parking to two hours, and converting existing public parking spaces in certain areas of the downtown to two-hour public parking spaces, and to agendize discussion of parking permit allocations for this area to the meeting of February 27,2006. 8484 RESOLUTION NO. 2006-8 A RESQLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DESIGNATING CERT AIN PRIVATE LANDS AS PUBLIC OFF-STREET PARKING LOTS AND PROVIDING FOR THE REGULATION OF PARKING THEREON AND THE RESTRICTION OF PARKING TO TWO HOURS, AND CONVERTING EXISTING PUBLIC PARKING SPACES IN CERTAIN AREAS OF THE DOWNTOWN TO TWO-HOUR PUBLIC PARKING SPACES. PASSED AND ADOPTED this 6th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Resolution of the City Council of the City of Gilroy approving modified right-of- way standards for public and private streets. Motion was made by Councilman Valiquette, seconded by Councilman Arellano and carried to adopt Resolution No. 2006-9 approving modified right-of-way standards for public and private streets, modifying and adding language regarding keeping the current standards for infill projects or projects that abut current properties. RESOLUTION NO. 2006-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING MODIFIED RIGHT -OF-WAY STANDARDS FOR PUBLIC AND PRIVATE STREETS. PASSED AND ADOPTED this 6th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Bids and Proposals Monterey Street Improvement Project Recommendation to award the bid for the Monterey Streetscape Improvement Project, Phase III, Project No. 06-CDD-119, to Golden Bay Construction in the amount of $4, 130,554.75. The City Administrator presented a recommendation to award the bid for the Monterey Streetscape Improvement Project, Phase III, Project No. 06-CDD-119, to Golden Bay Construction in the amount of $4, 130,554.75. Motion was made by Councilman Correa, seconded by Councilman Arellano and carried (Councilman Gartman voting no) to award the bid for the Monterey Streetscape Improvement Project, Phase III, Project No. 06-CDD-119, to Golden Bay Construction in the amount of $4, 130,554.75. City Parks Recommendation to award the bid for Del Rey Park Improvements, Project No. 06- CDD-116, to Perma Green Hydroseeding in the amount of$165,315.00. The City Administrator presented a recommendation to award the bid for Del Rey Park Improvements, Project No. 06-CDD-116, to Perma Green Hydroseeding in the amount of$165,315.00. Motion was made by. Councilman Bracco, seconded by Councilman Arellano and carried to award the bid for Del Rey Park Improvements, Project No. 06-CDD-116, to Perma Green Hydroseeding in the amount of$165,315.00. La Gardenia Homes A continued Public Hearing on an Affordable Housing Exemption request to allot 51 housing units on property zoned R1 and R3 (Single Family Residential and Medium Density Residential) located at 9160 and 9130 Kern Avenue. Indus-West DevelopmentspLLC (c/o Sal Akhter), applicant, AHE 05-04. 8485 The staff report was noted and further explained by Planner II Durkin. The Mayor opened the Public Hearing. Sal Akhter stated that the project meets HOD's affordability requirements. He explained that they are targeting City of Gilroy employees to purchase these homes. He reviewed the proposed project. He stated the City of Gilroy standards are different from the State standards. The Mayor closed the Public Hearing. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Council members Velasco and Pinheiro voting no) to direct staff to prepare a resolution approving AHE 05-04. At 9:00 p.m. the Mayor called for a recess, after which he recalled the meeting to order. Police Department Public Hearing to consider a report from the Gilroy Police Department recommending projects!programs for funding under the 2006 Byrne Justice Assistance Grant (JAG) monies ($19,801.00) to be expended before September 30,2009. The staff report was noted and further explained by the City Administrator. The Mayor opened the Public Hearing. There being no comments from the public, the Mayor closed the Public Hearing. Motion was made by Councilman Velasco, seconded by Councilman Velasco and carried to approve projects!programs for funding under the 2006 Byrne Justice Assistance Grant (JAG). City of Gilroy - Impact Fees An Ordinance of the City Council of the City of Gilroy amending Gilroy City Code Chapter 21, Article VI, Section 21.125 to a limited exemption for existing school facilities from Traffic Development Impact Fees for new buildings that do not expand enrollment or include community use. The staff report was noted and further explained by the City Administrator. Motion was made by Councilman Velasco, 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 Velasco, seconded by Councilman Valiquette and carried to introduce an ordinance of the City Council of the City of Gilroy amending Gilroy City Code Traffic Development Impact Fees. City of Gilroy - Zoning Ordinance An Ordinance of the City Council of the City of Gilroy amending Gilroy Zoning Ordinance Sections 11.23, 19.23.23.23, and 39.30 to accommodate revised City right-of- way standards for new development, City of Gilroy, applicant, Z 05-06. Motion was made by Councilman Velasco, 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 Velasco, seconded by Councilman Valiquette and carried to introduce an ordinance of the City Council of the City of Gilroy approving Z 05-06. City of Gilroy - Ordinance Codification An Ordinance of the City Council of the City of Gilroy providing for the maintenance and repair of public use easements and the liability of adjacent property owners by adding Article X entitled "Maintenance and Repair of Public Use Easement Area" to Chapter 20 of the Gilroy City Code. 8486 Motion was made by Councilman Velasco, 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 Velasco, seconded by Councilman Valiquette and carried to introduce an ordinance of the City Council of the City of Gilroy adding Article X entitled "Maintenance and Repair of Public Use Easement Area" to Chapter 20 of the Gilroy City Code. Jose Franco An Ordinance of the City Council of the City of Gilroy approving application Z 05-10 for a change in zoning designation from Rl (Single Family Residential) to C2 (Central District Commercial) on approximately 0.12 acres located at 157 Old Gilroy Street, APN 841;;08-017, Jose Franco, applicant. Motion was made by Councilman Velasco, 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 Velasco, seconded by Councilman Valiquette and carried to introduce an Ordinance of the City Council of the City of Gilroy approving Z 05-10. Glen Lorna Group An Ordinance of the City Council of the City of Gilroy approving application Z 04-15 for a change in zoning designation from R1 (Single Family Residential) to RI-PUD (Single Family Residential- Planned Unit Development) on approximately 1.02 acres located at 1645 Anson Court, northwest ofMantelli Drive and Calle Del Rey, APN 783-36-051. Glen Lorna Group, applicant. Councilman Velasco recused himself from discussion and vote on the following three issues due to financial interests of property ownership in the area, stepped down from the dais and left the room. ' Motion was made by Councilman Gartman, seconded by Councilman Valiquette and carried (Councilman Velasco absent) to adopt Ordinance 2005-03 approving application Z 04-15 for a change in zoning designation from R1 (Single Family Residential) to R1- PUD (Single Family Residential - Planned Unit Development) on approximately 1.02 acres located at 1645 Anson Court, northwest ofMantelli Drive and Calle Del Rey, APN 783-36-051. Glen Lorna Group, applicant. ORDINANCE 2006-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 04-15 FOR A CHANGE IN ZONING DESIGNATION FROM R1 (SINGLE FAMILY RESIDENTIAL) TO R1-PUD (SINGLE FAMILY RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 1.02 ACRES LOCATED AT 1645 ANSON COURT, NORTHWEST OF MANTELLI DRIVE AND CALLE DEL REY, APN 783-36-051. PASSED AND ADOPTED this 6th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO Glen Lorna Group A Resolution of the City Council of the City of Gilroy approving TM 04-18, a Vesting Tentative Map to subdivide approximately 1.02 acres into six (6) single-family residential lots and one common open space lot, on approximately 1.02 acres at 1645 Anson Court, northwest ofMantelli Drive and Calle Del Rey, APN 783-36-051, Glen Loma Group clo Tim Filice, applicant. Council members Arellano and Bracco recused themselves from discussion and vote on the following two issues due to not being on the Council when these items were originally discussed, and stepped down from the dais. 8487 Motion was made by Councilman Valiquette, seconded by Councilman Gartman and carried (Council members Arellano, Bracco, and Velasco absent) to adopt Resolution 2006-10 approving TM 04-18. RESOLUTION NO. 2006-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 04-18, A VESTING TENTATIVE MAP TO SUBDIVIDE APPROXIMATELY 1.02 ACRES INTO SIX (6) SINGLE-FAMILY RESIDENTIAL LOTS AND ONE COMMON OPEN SPACE LOT, ON APPROXIMATELY 1.02 ACRES AT 1645 ANSON COURT, NORTHWEST OF MANTELLI DRIVE AND CALLE DEL REY, APN 783-36-051. PASSED AND ADOPTED this 6th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: CORREA, GARTMAN, VALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ARELLANO, BRACCO, and VELASCO Glen Loma Group A Resolution of the City Council of the City of Gilroy approving NS 04-70, an application for Architectural and Site approval of a Planned Unit Development for six Single-Family Residences and common open space on approximately 1.02 acres at 1645 Anson Court, northwest ofMantelli Drive and Calle Del Rey, APN 783-36-051, Glen Lorna Group clo Tim Filice, applicant. Motion was made by Councilman Gartman, seconded by Councilman Correa and carried (Councilmembers Arellano, Bracco, and Velasco absent) to adopt Resolution 2006-11 approving NS 04-70, an application for Architectural and Site approval of a Planned Unit Development for six Single-Family Residences and common open space on approximately 1.02 acres at 1645 Anson Court, northwest ofMantelli Drive and Calle Del Rey, APN 783-36-051. RESOLUTION NO. 2006-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING NS 04-70, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROV AL OF A PLANNED UNIT DEVELOPMENT FOR SIX SINGLE-FAMILY RESIDENCES AND COMMON OPEN SPACE ON APPROXIMATELY 1.02 ACRES AT 1645 ANSON COURT, NORTHWEST OF MANTELLI DRIVE AND CALLE DEL REY, APN 783-36-051. PASSED AND ADOPTED this 6th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: CORREA, GARTMAN, VALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ARELLANO, BRACCO, and VELASCO Councilmembers Arellano, Bracco, and Velasco returned to their seats at the dais. CommissionsIBoards Appointment of member to the Parks and Recreation Commission. Motion was made by Councilman Correa, seconded by Councilman Arellano and carried to interview Kathleen Clarke and Sarah Brown on February 27, 2006 at 6:30 p.m. to fill a term on the Parks and Recreation Commission expiring December 31,2006. CommissionsIBoards Appointment of Sidewalk Task Force. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried to approve the scope of work and appoint the following members to the Sidewalk Task Force: Bob Dillon, Julio Henriquez, Vicki Lase, Marilyn Mitri, Walter Schinke, Mary Yates, Armenta Jensen, Brad Bannister, Todd Barreras, Rick Brandini, Tim Day, Joan Lewis, Al Signorotti, Don Dey. 18488 I, ! Council Members Report Councilman Arellano stated that he attended the League of California Cities dinner for new council members and noted the discussion on the issue with AT&T and cable TV. Councilman Velasco asked to agendize affordable housing and the Housing Trust for a Council workshop or retreat item. *Meeting will be televised on Channel 17 FEBRUARY 2006 6 Closed Session - 6:00 p.m., Gilroy City Council Chambers 6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 9 Workshop for Councilmembers/Boardmembers!Commission Members on the Brown Act, Conflict ofInterest, and Meeting Procedure - 6:00 p.m., Gilroy City Council Chambers 14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 27*Regular City Council Meeting -7:00 p,m., Gilroy City Council Chambers 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy MARCH 2006 6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 13 Study Session - Old Indian Motorcycle Facility Project - 6:00 p.m., Gilroy City Council Chambers 14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 20 Study Session - Bonfante Gardens Annual Report - 6:00 p.m., Gilroy City Council Chambers 20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 27 Joint Council/Planning Commission Study Session - Review of the 2006 CIB- 6:00 p.m., Gilroy City Council Chambers 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy APRIL 2006 3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 9:25 p.m. the Mayor adjourned the meeting to the meeting of February 27,2006. ); .- ?r--- \' ~ I .... . ., . \...... . ". . I ," . ~<-t~ 1ft) l c{ K \ '_ C (L.c./'v _____~--~---J--___--------_-___-_------------_________________ Is! RHONDA PELLIN, CMC City Clerk