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Minutes 2006/02/27 , ." ,. ,..., ;...,.. '-"''''.. '~, ". -, ----------'----------~-"'--~~- 8488 Regular Meeting February 27,2006 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 February 22,2006 at 9:20 a.m. 8489 Roll Call Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette; Roland Velasco; At Pinheiro. 7:00 p.m. Orders of the Day There were no changes to the agenda. Presentations & Proclamations The Mayor noted a proclamation for Karen LaCorte, 2005 Woman of the Year. The Mayor noted a proclamation for Bruce Williams, 2005 Man of the Year. The Mayor noted a proclamation for Joe Duarte, 2005 Firman B. Voorhies Volunteer of the Year. The Mayor noted a proclamation for Janice Krahenbuhl, 2005 EDC Educator of the Year. The Mayor noted a proclamation for Country Clutter, 2005 Small Business of the Year. The Mayor noted a proclamation for Saint Louise Regional Hospital, 2005 Large Business of the Year. The Mayor presented the Employee Award for the Month of February, 2006 to Angela Locke-Paddon, Community Service Officer, Police Department. The Mayor presented the Team of the Month Award for February 2006 to Phil King, Ed Bozzo, Dan Farnsworth, and Dale Foster. Bruce Williams, Parks and Recreation 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. There were no comments by the public. Consent Calendar Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried to approve the Consent Calendar, removing Item I1I.A. Minutes of February 6, 2006 and Item IIIJ. moving/cancelling Council meeting dates. Recommendation to Approve Budget Amendments/Transfers. Request for Acceptance of Improvements, Tract No. 9691, Rancho Meadows ITI, Rancho Meadows, Inc. 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. ORDINANCE NO. 2006-04 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 IMP ACT FEES FOR NEW BUILDINGS THAT DO NOT EXPAND ENROLLMENT OR INCLUDE COMMUNITY USE. PASSED AND ADOPTED this 27th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 8490 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. ORDINANCE NO. 2006-05 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. PASSED AND ADOPTED this 27th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMlliMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 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. ORDINANCE NO. 2006-06 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 EASEMlliNT AREA" TO CHAPTER 20 OF THE GILROY CITY CODE. PASSED AND ADOPTED this 27th 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 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. ORDINANCE NO. 2006-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 05-10 FOR A CHANGE IN ZONING DESIGNATION FROM R1 (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. PASSED AND ADOPTED this 27th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCaMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Resolution of the City Council of the City of Gilroy in support of measure to secure local transportation funding. RESOLUTION NO. 2006-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY IN SUPPORT OF MEASURE TO SECURE LOCAL TRANSPORTATION FUNDING. PASSED AND ADOPTED this 27th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 8491 A Resolution of the City Council of the City of Gilroy adopting risk management goals and directing staff to prepare a risk management program. RESOLUTION NO. 2006-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING RISK MANAGEMENT GOALS AND DIRECTING STAFF TO PREP ARE A RISK MANAGEMENT PROGRAM. PASSED AND ADOPTED this 27th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Claims ofIgnacio Arellano, Elizabeth Maguire, Amelia Muro, Evelina Tamayo. Property Improvement Agreement No.: 2006-04, Tract 9703 - Wildflower Court @ 1000 Mesa Road, Karen Christopher, APN: 810-28-022. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried (Councilman Gartman voting no) to approve the Minutes of the Regular Council Meeting of February 6, 2006. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried (Councilman Gartman voting no) to recommend moving the June 19,2006 Council meeting to June 12,2006 and cancel the July 3,2006 Council meeting. South County Housing Public Hearing on a text amendment request to Section 50.62(b)(3) of the Gilroy Zoning Ordinance to allow projects that seek an affordable housing exemption from the RDO (Residential Development Ordinance), to have flexibility in the number of units requested. South County Housing (c/o Karen Saunders), applicant, Z 06-01. Public Hearing on an affordable housing request to allocate 260 housing units on property zoned ND (Neighborhood District), located on Monterey Road, north and south ofCohansey Avenue. South County Housing (c!o Karen Saunders), applicant, ARE 06-01. Request for revisions to the RDO Affordable Housing Exemption Procedure. South County Housing (c!o Karen Saunders), applicant, M 06-03. The Mayor recused himself from discussion and vote on these items due to financial interests, stepped down from the dais and left the room. The staff report was noted and further explained by Planner II Durkin for Z 06-01, ARE 06-01, and M 06-03. Mayor Protempore Valiquette opened the Public Hearing for Z 06-01 and ARE 06-01. Jan Lindenthal, South County Housing, stated that the changes proposed should meet the requests of the Councilmembers. She noted South County Housing's recommendation to amend the RDO Affordable Housing Exemption Procedure. She reviewed the proposed affordability of this project. She reviewed the amenities of the project. Mayor Protempore Valiquette closed the Public Hearing. Motion was made by Councilman Arellano, seconded by Councilman Bracco and carried (Mayor Pinheiro absent) to direct staff to prepare an ordinance approving Z 06-01. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Mayor Pinheiro absent) to direct staff to prepare a resolution approving ARE 06-01. 8492 Motion was made by Councilman Arellano, seconded by Councilman Bracco and carried (Mayor Pinheiro absent) to approve amendments to the RDO Affordable Housing Exemption Procedure. The Mayor returned to his seat at the dais. City of Gilroy - Parking RegulationsIProhibitions Discussion of Monterey Streetscape Parking Enforcement. The staff report was noted and further explained by Senior Civil Engineer Dey and Police Chief Giusiana. Motion was made by Councilman Bracco, seconded by Councilman Correa and the motion did not carry (Councilmembers Arellano, Gartman, Valiquette, Velasco, and Pinheiro voting no) to approve two hour parking on the streets and have no parking restrictions in the parking lots. Motion was made by Councilman Velasco, seconded by Councilman Gartman and carried to take no action and reassess after June 1,2006. City of Gilroy - City Council Recommendation to approve Council representative appointments to advisory committees, to include Santa Clara County Library Joint Powers Authority, South County Regional Wastewater Authority, and VTA Board of Directors. Motion was made by Councilman Valiquette, seconded by Councilman Arellano and carried to approve Council representative appointments to advisory committees, to include Santa Clara County Library Joint Powers Authority, South County Regional Wastewater Authority, and VTA Board of Directors. South County Housing A Resolution of the City Council of the City of Gilroy modifying and approving AHE 05-02, an application for an affordable housing project exemption from the Residential Development Ordinance, APNs 790-06-16,029,030,032, and 033, South County Housing, clo Karen Saunders, applicant. 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 Arellano, seconded by Councilman Gartman and carried (Mayor Pinheiro absent) to deny AHE 05-02, an application for an affordable housing project exemption from the Residential Development Ordinance, APNs 790-06- 16,029,030,032, and 033, South County Housing, c/o Karen Saunders, applicant. The Mayor returned to his seat at the dais. La Gardenia Homes A Resolution of the City Council of the City of Gilroy approving AHE 05-04, an application for an affordable housing project exemption from the Residential Development Ordinance, APNs 79017-002,003, Indus-West Developments LLC (c/o Sal Akhter, applicant. Motion was made by Councilman Bracco, seconded by Councilman Valiquette and carried (Council members Velasco and Pinheiro voting no) to adopt Resolution No. 2006- 14 approving AHE 05-04, an application for an affordable housing project exemption from the Residential Development Ordinance, APNs 79017-002,003, Indus-West Developments LLC (c/o Sal Akhter, applicant. RESOLUTION NO. 2006-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AHE 05-04, AN APPLICATION FOR AN AFFORDABLE HOUSING PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APNS 79017-002, 003, INDUS-WEST DEVELOPMENTS LLC (C/O SAL AKHTER, APPLICANT. PASSED AND ADOPTED this 27th day of February, 2006, by the following vote: 8493 AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, AND VALIQUETTE NOES: COUNCILMEMBERS: VELASCO AND PINHEIRO ABSENT: COUNCILMEMBERS: NONE City of Gilroy - Residential Development Ordinance RDO adjustments, based upon the City Council's recent retreat. The staff report was noted and further explained by the City Administrator. Motion was made by Councilman Gartman, seconded by Councilman Valiquette and carried to re-direct the 70 competition units that were shifted to the exempt "downtown projects" category [in late 2005] to the exempt "small projects" category. Motion was made by Councilman Correa, seconded by Councilman Gartman and carried to re-classify the original 100 units allocated to the exempt "downtown projects" category, and shift these to the exempt "Specific Plan" category. At 9:00 p.m. the Mayor called for a recess, after which he recalled the meeting to order. Garlic Festival Association Small Project Exemption request to allocate 24 residential units on property zoned C2 (Central District Commercial) located at 7600 Monterey Street (Old Greyhound Bus Station parking lot). Garlic Festival Association (c/o Jeff Martin), applicant, SPE 05-05. The staff report was noted and further explained by Planner II Polubinsky. Motion was made by Councilman Velasco, seconded by Councilman Valiquette and carried to direct staff to prepare a resolution approving SPE 05-05. The James Group Downtown Specific Plan Exemption request to allocate 94 residential units on property zoned C2 (Central District Commercial) located at 11th and Monterey Streets (adjacent to Platinum Theaters). James Suner, applicant, DTPE 06-01. Councilman Bracco recused himself from discussion and vote on this item due to owning a business in the vicinity, stepped down from the dais, and left the room. The staff report was noted and further explained by Planner II Polubinsky. James Suner explained that all of the units are affordable. He reviewed a Power Point presentation on the project. Motion was made by Councilman Gartman, seconded by Councilman Valiquette and carried (Councilman Bracco absent) to direct staff to prepare a resolution approving DTPE 06-01. Councilman Bracco returned to his seat at the dais. South County Community Builders Downtown Specific Plan Exemption request to allocate 109 residential units on property zoned CM/R3 (Commercial Industrial-Medium Density Residential) located at 111 Lewis Street (Old Cannery). South County Community Builders, clo Nancy Wright, applicant, DTPE 06-02. Mayor Pinheiro recused himself from discussion and vote on this item due to business interests with the applicant, stepped down from the dais and left the room. The staff report was noted and further explained by Planner II Polubinsky. Motion was made by Councilman Gartman, seconded by Councilman Correa and carried (Councilman Velasco voting no and Mayor Pinheiro absent) to direct staff to prepare a resolution approving DTPE 06-02. Mayor Pinheiro returned to his seat at the dais. 84'94 City of Gilroy - Parking RegulationslProhibitions Request by Heritage Bank for installation of 15~minutes parking spaces near their business. The staff report was noted and further explained by Senior Civil Engineer Dey. Bruce Williams explained his request for I5-minute parking spaces near the proposed Heritage Bank,' not necessarily just for the bank customers. Motion was made by Mayor Pinheiro, seconded by Councilman Velasco and carried to direct staff to implement a parking management plan downtown that includes fifteen minute parking spaces at intersections, to include a moratorium on any new requests for limited time parking spaces until the parking management plan is in place. Mayor Pinheiro recused himself from discussion and vote on this issue due to business interests with the applicant, stepped down from the dais, and left the room. Motion was made by Councilman Gartman, seconded by Councilman Correa and carried (Councilman Arellano voting no and Mayor Pinheiro absent) to approve three 15- minute limited parking spaces on Lewis Street and two 15-minute limited parking spaces on Monterey Street. Motion was made by Councilman Velasco, seconded by Councilman Arellano and carried (Mayor Pinheiro absent) to put Heritage Bank on notice that when the parking management plan is complete, that Heritage Bank may have some financial obligation for the proposed meters. Motion was made by Councilman Gartman, seconded by Councilman Correa and carried (Mayor Pinheiro absent) to reconsider the previous motion regarding the allowance of five 15-minute limited parking spaces on Lewis Street and Monterey Street. Motion was made by Councilman Gartman, seconded by Councilman Bracco and carried (Mayor Pinheiro absent) to approve three 15-minute limited parking spaces on Lewis Street and two 15-minute limited parking spaces on Monterey Street. Mayor Pinheiro returned to his seat at the dais. City of Gilroy - Bridges Review of the Farrell Avenue Bridge Widening project on Farrell Avenue, west of Church Street. The staff report was noted and further explained by Senior Civil Engineer Dey. Motion was made by Councilman Valiquette, seconded by Councilman Gartman and carried to approve the Mitigated Negative Declaration, with 16 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 Valiquette, seconded by Councilman Correa and carried to approve the construction design for the Farrell Avenue Bridge Widening Project. City Administrator's Report The City Administrator distributed the fleet and facilities performance survey. He noted the tentative April 10, 2006 meeting with the Gilroy Unified School District Board at 6:00 p.m. in the Council Chambers. City Attorney's Report The City Attorney reminded everyone that the SCRW A meeting starts at 9:30 a.m. tomorrow. 8495 Council Members Report Councilman Gartman requested that if applicants want to do a Power Point presentation, that they be required to include the slides in the Council packet so that they can be reviewed with the staff report. He requested reconsideration of Resolution No. 2006-8 that was adopted at the last meeting. There was not consensus of the Council to reconsider this item. Mayor's Report The Mayor explained that VT A is going to take a vote on the expenditure plan, and questioned whether the Council wanted to continue to not support this, and Council agreed that that was their stance. Motion was made by Councilman Valiquette, seconded by Councilman Gartman and carried (Councilman Arellano voting no) to add an item to the agenda to vote on non- support of the expenditure plan, determining that there is a need to take immediate action and that the item was brought to the attention of the City after the agenda was posted. Motion was made by Councilman Gartman, seconded by Councilman Valiquette and carried (Councilman Arellano voting no) to not support the VT A expenditure plan. The Mayor stated that the City is getting calls that some Councilmembers are not attending their scheduled your meetings for their advisory committees. He asked that if they are not available, that they make arrangements for another Council member to attend for them. *Meeting will be televised on Channel 17 FEBRUARY 2006 27 Closed Session - 6:00 p.m., Gilroy City Council Chambers 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 Closed Session - 6:00 p.m., Gilroy City Council Chambers 6 Interviews-Parks and Recreation Commission - 6:30 p.m., Gilroy City Council Chambers 6* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 13 Joint City Council/Planning Commission 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 Annual Treasurer's Report - 6:30 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 cm- 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 SCRWA 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 11: 11 p.m. the Mayor adjourned the meeting to the meeting of March 6, 2006. ,).. wd ' .'~..~ r., /. , ~~_jJ;;1.2_~!..{f5:_I. ~Y::..{-d:.!:.~_____________ Is! RHONDA PELLIN, CMC City Clerk