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Minutes 2006/03/20 .",~" ,,,,,-;,,~,,,;':"'''''';':'''',';''':'.: ~".";-..':,._, -'---'-~_..- 8500 Regular Meeting March 20, 2006 Gilroy, California The Mayor led the Pledge of Allegiance to the flag. Pastor George Yates, First Baptist Church, gave the invocation. The City Clerk noted that the agenda had been posted on March 15,2006 at 10:50 a.m. Roll Call Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette; Roland Velasco; Al Pinheiro - 7:00 p.m. Orders of the Day There were no changes to the agenda. Introductions The following promoted employees were introduced: Arlene Jeske, Accounting Technician, Administrative Services Department and Rosanna Pellin, Permit Technician, Community Development Department. The following new employees were introduced: Jason Smith, Police Officer, Police Department and Sondra Banks, Administrative Secretary, Community Services Department. Presentations & Proclamations The Mayor presented the Employee Award for the Month of March, 2006 to Joe Kline, Public Information Officer, Community Services Department. Gretchen Hayes, Santa Clara County Green Business Program introduced Gena Pinheiro and Environmental Programs Coordinator Jensema who displayed and explained the Bay Area Green Business certification award received by the City of Gilroy. The Mayor noted the Gilroy-Morgan Hill Regional Wastewater Reclamation Facility which was recognized by the California Water Environment Association (CWEA) for "Plant of the Year" and "200S Overall Plant of The Year" award by the Monterey Bay Section. 8501 The Mayor noted a Certificate of Recognition to Dustin Van Gundy upon his achievement of the rank of Eagle Scout. 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. Minutes of the Regular Council Meeting of March 6,2006. Property Improvement Agreement No.: 2006-05, 7201 Church Street Parcel Map, Martha Jaso, APN: 799-09-012. Property Improvement Agreement No.: 2006-02, Tract 9708, 7031 Monterey Street, Lu Levitt Villa, Shirley Lulevitt. Request for removal of Bobby Kovacs from the Youth Commission. A Resolution of the City Council of the City of Gilroy approving a one-year extension for TM 02-11, a Tentative Map to subdivide an approximately 19.2 acre site into 59 single-family residential parcels plus open space and conservation habitat easements at the intersection of Thomas Road, Mesa Road, and Miller Avenue, APN 810-28-001, Ruggeri-Jensen-Azar & Associates on behalf of Dividend Homes, applicant. RESOLUTION NO. 2006-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A ONE-YEAR EXTENSION FOR TM 02-11, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 19.2 ACRE SITE INTO 59 SINGLE-FAMILY RESIDENTIAL PARCELS PLUS OPEN SPACE AND CONSERVATION HABITAT EASEMENTS AT THE INTERSECTION OF THOMAS ROAD, MESA ROAD, AND MILLER AVENUE, APN 810-28-001, RUGGERI-JENSEN-AZAR & ASSOCIATES ON BEHALF OF DIVIDEND HOMES, APPLICANT. PASSED AND ADOPTED this 20th day of March, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Resolution of the City Council of the City of Gilroy, California Endorsing and Supporting the 2006 California State Library Bond. RESOLUTION NO. 2006-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA ENDORSING AND SUPPORTING THE 2006 CALIFORNIA STATE LffiRARY BOND. PASSED AND ADOPTED this 20th day of March, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Recommendation to Approve Budget Amendments/Transfers. Glen Loma Group Public Hearing on a Tentative Map request to subdivide approximately 24.5 acres into 107 single family residential lots at Rancho Hills/Deer Park Phase III, on property zoned RI-PUD (Single Family Residential-Planned Unit Development), located at Sunrise Drive and Santa Teresa Boulevard. Glen Lom8 Group (c/o John Filice), applicant, TM 05-02. 8502 Architectural & Site request to allow the construction of 107 single family homes at Rancho Hills/Deer Park Phase III, on approximately 24.5 acres on property zoned R1- PUD (Single Family Residential-Planned Unit Development), located at Sunrise Drive and Santa Teresa Boulevard. Glen Loma Group (c/o John Filice), applicant, NS-PUD 05-29. The staff report was noted and further explained by Planner II Durkin. The Mayor opened the Public Hearing. John Donahoe explained the PUD overlay district vs. a Planned Unit Development project. He stated that they are not asking for any special amenities. He noted that since this is the last area for development, a Homeowners Association is not able to be approved, and therefore the landscaping berm cannot be paid for or maintained through an Association. He noted that the City is also not able financially to maintain the landscaping buffer. The Mayor closed the Public Hearing. Motion was made by Councilman Gartman, seconded by Councilman Valiquette and the motion was withdrawn to direct staff to prepare a resolution denying TM 05-02. Motion was made by Councilman Gartman, seconded by Councilman Valiquette and the motion was withdrawn to direct staff to prepare a resolution denying NS-PUD 05-29. The applicant's representative stated that the applicant would agree to continue these applications and would agree to waive the time limitation. Motion was made by Councilman Gartman, seconded by Councilman Valiquette and carried to continue these applications to May 1, 2006, with the applicant's approval to waive the time constraints. City of Gilroy - Zoning Ordinance Public Hearing on a Zone Change request to bring the zoning code into compliance with the Downtown Specific Plan. City of Gilroy (c/o Gregg Polubinsky), applicant, Z 06-02. The staff report was noted and further eXplained by Planner II Polubinski. The Mayor opened the Public Hearing. There being no comments from the public, the Mayor closed the Public Hearing. Motion was made by Councilman Bracco, seconded by Councilman Arellano and carried to direct staff to prepare an ordinance approving Z 06-02. South County Housing An Ordinance of the City Council of the City of Gilroy amending Gilroy Zoning Ordinance Section 50.61(b)(3) to allow flexibility in the number of units exempted from the provisions of the Residential Development Ordinance for non-profit developers. South County Housing (c/o Karen Saunders), applicant, Z 06-01. 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. The staff report was noted and further explained by City Administrator Baksa. Motion was made by Councilman Velasco, seconded by Councilman Gartman and carried (Council members Arellano and Correa voting no and Mayor Pinheiro absent) to continue this to the meeting of April 3, 2006 to obtain additional information from the applicant. The Mayor returned to his seat at the dais. 8503 Marty Chappell Small Project Exemption request to allocate 10 residential units on property zoned Rl (Single Family Residential) located at 5875 and 5885 Miller Avenue, west of Miller, Thomas and Mesa Road intersection. Chappell (c/o Marty Chappell), applicant, SPE 04-06. The staff report was noted and further explained by Planner II Polubinski. Motion was made by Councilman Velasco, seconded by Councilman Correa and carried to direct staff to prepare a resolution approving SPE 04-06. CommissionsIBoards Letter of resignation from Gretchen Yoder-Schrock, Bicycle/Pedestrian Advisory Board member. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried to accept the resignation with regrets. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried to open recruitment for this opening. Santa Clara Valley Water District Request for support for AB 2435, legislation to discontinue the County's role in approving the Santa Clara Valley Water District's budget and to make other changes to the District's enabling Act. Rick Callendar, Santa Clara Valley Water District, asked for support for AB 2435. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried to direct staff to prepare a letter of support for AB 2435. CommissionsIBoards Appointment of member to the Youth Commission. Motion was made by Councilman Valiquette, seconded by Councilman Bracco and carried to appoint Jonathan La to fill a term on the Youth Commission expiring August 31, 2007. City Administrator's Report City Administrator Baksa noted the mandatory training on AB 1234, and invited Council members to attend the free training on May 3,2006. He distributed the cm for the workshop next Monday. He noted that Susan Johnson will be calling each of the Councilmembers to set up the spring breakfast/lunch meetings. City Attorney's Report The City Attorney commented on the AB 1234 training, noting that she will be giving sessions later this year. She reported on a request from Councilman Valiquette to look at mobile home state statutes regarding enforcement of the Health and Safety statutes, explaining that there is an issue with a mobile home park in Gilroy. She noted that the State stature does allow the City to take over enforcement. She stated that the City might want to find out the expense involved, before applying to the State to allow the City to take this over. City Administrator Baksa requested that the Council wait to see the State report on the violations, before taking any action. He noted the good rapport that the City of Gilroy has with the State Housing Department, explaining that we would not want to jeopardize that. Council Members Report Councilman Velasco gave kudos to City of Gilroy staff on the successful Kids Discover Arts event, noting that it is a great program. 8504 Councilman Valiquette asked that City Administrator Baksa recognize Jackie Bretschneider and Mike Dom and let them know that he appreciates their work on the mobile home park issue. He noted concerns on the Hecker Pass issue, and that citizens have provided an alternative 7 for the eastern intersection. He also welcomed the Mayor back from vacation. Councilman Arellano asked if staff could look at the intersections of Eighth/Carmel Streets and EightsIDowdy Streets regarding visibility issues. Mayor's Report The Mayor stated that he has received emails that Council members are still not attending their representative meetings. He asked that they please let their alternate know if they can't attend. He also commented that he will look into appointing alternates for some of the meetings. *Meeting will be televised on Channel 17 MARCH 2006 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 22 Hecker Pass Workshop - 6:00 p.m., Gilroy Senior Center Meeting Room 27* Joint Council/Planning Commission Study Session - Review ofthe 2006 cm - 6:00 p.m., Gilroy City Council Chambers 28 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy APRIL 2006 3* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 10 Quarterly Workshop with the Gilroy Unified School Board - 6:00 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 MAY 2006 I * Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 3 Joint City Council/Planning Commission Affordable Housing Workshop - 6:00 p.m., Senior Center Meeting Room 8* Budget Workshop - 6:00 p.m., Gilroy City Council Chambers 9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 15* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 8:45 p.m. the Mayor adjourned the meeting to the meeting of April 03, 2006. ~u;;. .) . . ,"..' .... '.' 'L/', /, "::_::.___ .L.1:1]~;{t!..~~__::-;;.::{~_!;.;.:.!:-.,;-:..~t..~_____________ Is! RHONDA PELLIN, CMC City Clerk