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Minutes 2006/08/07 8551 Regular Meeting August 07,2006 Gilroy, California Mayor Protempore Bracco announced that the Council had adjourned from a Closed Session regarding Conference with Labor Negotiator pursuant to Government Code Section 54957.6 I Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a) I and Conference with Legal Counsel- Anticipated Litigation pursuant to Government Code Section 54956.9(b) and that no action had been taken. Mayor Protempore Bracco led the Pledge of Allegiance to the flag. Pastor Bruce Rowlison, Gilroy Presbyterian Church, gave the invocation. City Clerk Pellin noted that the agenda had been posted on August 2, 2006 at 11:55 a.m. Roll Call Present: Peter Arellano; Paul Correa; Craig Gartman; Russ Valiquette; Roland Velasco~ Dion Bracco I Absent: AI Pinheiro - 7:30 p.m. Orders of the Day Mayor Protempore Bracco announced that Consent Calendar Item III.I. would be continued and reagendized. Introductions The following new employees were introduced: Juan Moreno, Custodian, Administrative Services Department; Christina Turner, Assistant Finance Director, Administrative Services Department; and Carlos Torres, Permit Technician, Community Development Department. Luis Urenda, Maintenance Worker Assistant, Community Services Department was not present and his introduction will be reagendized. Presentations & Proclamations Mayor Protempore Bracco presented the Employee Award for the Month of July, 2006 to Regina Adams-Brisco, Housing Planner I, Community Development Department. Mayor Protempore Bracco presented the Volunteer of the Month of May, 2006 award to Eric Ortega. Mayor Protempore Bracco presented the Volunteers of the Month of June, 2006 award to Patrick Balfe & Tina Riley. Mayor Protempore Bracco presented the Team of the Month Award to Pat Bentson, Rosemary Guerrero, Susan Johnson (not present), Cindy Murphy, and Karen Pogue. Mayor Protempore Bracco noted a presentation and update by the HCP/NCCP (Habitat Conservation Plan/Natural Community Conservation Plan) Liaison Group. 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 Correa, seconded by Councilman Arellano and carried (Mayor Pinheiro absent) to approve the Consent Calendar, removing Item III.C. Automatic salary increase for Mayor and Councilmembers~ Item III.H. Approval of the Concept Plan for the Las Animas Veterans Park Master Plan Update~ Item III.!. Resolution approving a one-year extension for TM 01-06; and III.J. Cancellation of the September 11, 2006 City Council meeting. Minutes of the Regular Council Meeting of July 17,2006. Recommendation to Approve Budget Amendments/Transfers. 8,552 Request for Acceptance ofImprovements, Tract No. 9619, The Forest, Phase III at Winter Green Court, A.P.N. 783-03-045,050 & 055, Glen Loma Group. Request to appoint members to the Luchessa Avenue Master Plan Task Force. Property Improvement Agreement No.: 2006-14, Holloway Parcel Map, Joe A. Rocha & Victoria M. Rocha. Property Improvement Agreement No.: 2006-13, Tract 9570 - McCarthy Business Park, APN: 841-17-093, McCarthy Gilroy, LLC, A California Limited Liability Company. City of Gilroy - Employee Pay Plan Confirming the automatic salary increase for Mayor to $1059.00 per month and for Councilmembers to $706.00 per month. Motion was made by Councilman Gartman, seconded by Councilman Correa and carried (Mayor Pinheiro absent) confirming the automatic salary increase for Mayor to $1059.00 per month and for Council members to $706.00 per month. Las Animas Veterans Parks Approval of the Concept Plan and Conceptual Phasing Plan for the Las Animas Veterans Park Master Plan Update, pending CEQ A review and completion of the Master Plan Update report and direct staff to proceed with CEQA review of the Concept Plan for the Las Animas Veterans Park Master Plan Update, incorporating the City Council comments. Motion was made by Councilman Correa, seconded by Councilman Arellano and carried (Mayor Pinheiro absent) to approve the Concept Plan and Conceptual Phasing Plan for the Las Animas Veterans Park Master Plan Update, pending CEQA review and completion of the Master Plan Update report and direct staff to proceed with CEQA review of the Concept Plan for the Las Animas Veterans Park Master Plan Update, incorporating the City Council comments. Glen Lorna Group A Resolution of the City Council of the City of Gilroy approving a one-year extension for TM 01-06, a Tentative Map to subdivide an approximately 10.6 acre site into 11 Hillside Residential lots located on the west side of Rancho Hills Drive at the terminus of Valley Oaks Court, APN 783-21-061. This item will be reagendized for action at a future meeting. City of Gilroy - City Council Recommendation to cancel the September 11,2006 City Council meeting. Motion was made by Councilman Gartman, seconded by Councilman Valiquette and carried (Mayor Pinheiro absent) to cancel the September 11, 2006 City Council meeting and set a joint City Council/Planning Commission mini-Policy Summit in place of the regular meeting. Bids and Proposals Fire Department Recommendation to award a tag-on bid for one (1) Type-4 Fire Apparatus, to Hi- Tech Emergency Vehicle Service, Inc. in the amount of$173,305.00. City Administrator Baksa presented a recommendation to award a tag-on bid for one (1) Type-4 Fire Apparatus, to Hi-Tech Emergency Vehicle Service, Inc. in the amount of $173,305.00. Motion was made by Councilman Correa, seconded by Councilman Arellano and carried (Mayor Pinheiro absent) to award a tag-on bid for one (1) Type-4 Fire Apparatus, to Hi-Tech Emergency Vehicle Service, Inc. in the amount of$173,305.00. 8553 City of Gilroy - Zoning Ordinance A continued Public Hearing on a Zoning Ordinance amendment of Section 50.62(b)(2) to restrict Small Project Exemptions to 12-units, with limited exceptions. City of Gilroy, applicant, Z 06-06. The staff report. was noted and further explained by City Administrator Baksa and Planner II Durkin. Mayor Protempore Bracco opened the Public Hearing. There being no comments from the audience, Mayor Protempore Bracco closed the Public Hearing. Motion was made by Councilman Arellano, seconded by Councilman Bracco and carried (Councilmembers Gartman and Valiquette voting no and Mayor Pinheiro absent) to direct staff to prepare an ordinance approving Z 06-06, removing the proposed addition f to Section 50.62(b)(1) of the Zoning Ordinance. Motion was made by Councilman Gartman, seconded by Councilman Velasco and carried (Mayor Pinheiro absent) to allow all projects that have currently submitted a Small Project Exemption application to follow the current rules and to apply the new rules to any new applications. Augustine Melia Public Hearing on a request to cancel an existing Williamson Act Contract that is in a non-renewal status on approximately 26 acres located at 315 Las Animas Avenue, between Monterey Road and Highway 101. Augustine Melia, clo Lee Weider, applicant, M 05-14. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried (Mayor Pinheiro absent) to continue M 05-14 to the meeting of September 18, 2006 due to continuance at the Planning Commission. Glen Lorna Group Public Hearing on a Tentative Map request to sub-divide approximately 5.4 acres into 6 single family residential lots, on property zoned RH (Residential Hillside), located at the terminus of Verbena Court (The Forest). The Forest, LLC, c/o Tim Filice, applicant, TM 06-02. The staff report was noted and further explained by Planner II Durkin. Mayor Protempore Bracco opened the Public Hearing. Amanda Wilson, representing the applicant, stated that she was present to answer any questions. Mayor Protempore Bracco closed the Public Hearing. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Mayor Pinheiro absent) to direct staff to prepare a resolution approving TM 06-02. City of Gilroy - Zoning Ordinance An Ordinance of the City Council of the City of Gilroy amending Gilroy Zoning Ordinance Section 41, Performance Standards, to incorporate noise standards consistent with requirements of the General Plan. City of Gilroy, applicant, Z 06-05. Motion was made by Councilman Correa, seconded by Councilman Arellano and carried (Mayor Pinheiro absent) to continue this item to September 18, 2006. Hewell and Sheedy An Ordinance of the City Council of the City of Gilroy approving application Z 05-16 for a change in zoning designation from R1 (Single Family Residential) to RI-PUD (Single Family Residential-Planned Unit Development) on approximately 0.85 acres located at 9050 Church Street, APN 790-14-097. Hewell and Sheedy, Inc., applicant. 8554 Motion was made by Councilman Correa, seconded by Councilman Gartman and carried (Mayor Pinheiro absent) to adopt Ordinance No. 2006-16 approving application Z 05-16 for a change in zoning designation from Rl (Single Family Residential) to R1- PUD (Single Family Residential-Planned Unit Development) on approximately 0.85 acres located at 9050 Church Street, APN 790-14-097. Hewell and Sheedy, Inc., applicant. ORDINANCE NO. 2006-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 05-16 FOR A CHANGE IN ZONING DESIGNATION FROM R1 (SINGLE FAMILY RESIDENTIAL) TO R1-PUD (SINGLE FAMILY RESIDENTIAL-PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 0.85 ACRES LOCATED AT 9050 CHURCH STREET, APN 790-14-097. HEWELL AND SHEEDY, INC., APPLICANT. PASSED AND ADOPTED THIS 7TH DAY OF AUGUST, 2006 BY THE FOLLOWING VOTE: AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND BRACCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO Gilroy Unified School District An Ordinance of the City Council of the City of Gilroy approving Z 06-07 amending Gilroy Zoning Ordinance Section 50.63 to establish an exemption from annual numerical limits of the Residential Development Ordinance for School District properties in special circumstances. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Mayor Pinheiro 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 Velasco, seconded by Councilman Arellano and carried (Councilman Gartman voting no and Mayor Pinheiro absent) to introduce an Ordinance of the City Council of the City of Gilroy approving Z 06-07. Hewell and Sheedy A Resolution of the City Council of the City of Gilroy approving TM 05-14, a Tentative Map to subdivide an approximately 0.85-acre parcel into six residential lots and a private park site located at 9050 Church Street, APN 790-14-097, Hewell and Sheedy, Inc, applicant. Motion was made by Councilman Correa, seconded by Councilman Arellano and carried (Mayor Pinheiro absent) to adopt Resolution No. 2006-58 approving TM 05-14, a Tentative Map to subdivide an approximately 0.85-acre parcel into six residential lots and a private park site located at 9050 Church Street, APN 790-14-097, Hewell and Sheedy, Inc, applicant. RESOLUTION NO. 2006-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 05-14, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 0.85-ACRE PARCEL INTO SIX RESIDENTIAL LOTS AND A PRIVATE PARK SITE LOCATED AT 9050 CHURCH STREET, APN 790-14-097, HEWELL AND SHEEDY, INC, APPLICANT. PASSED AND ADOPTED THIS 7TH DAY OF AUGUST, 2006 BY THE FOLLOWING VOTE: AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND BRACCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO 8555 Hewell and Sheedy A Resolution of the City Council of the City of Gilroy approving A/S 06-03, an application for Architectural and Site approval of a Planned Unit Development (PUD) for a six-lot single-family subdivision on approximately 0.85 acres located at 9050 Church Street, APN 790-14-097, Hewell and Sheedy, Inc., applicant. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried (Mayor Pinheiro absent) to adopt Resolution No. 2006-59 approving A/S 06-03, an application for Architectural and Site approval of a Planned Unit Development (PUD) for a six-lot single-family subdivision on approximately 0.85 acres located at 9050 Church Street, APN 790-14-097, Hewell and Sheedy, Inc., applicant. RESOLUTION NO. 2006-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 06-03, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A SIX-LOT SINGLE-FAMILY SUBDIVISION ON APPROXIMATELY 0.85 ACRES LOCATED AT 9050 CHURCH STREET, APN 790-14-097, HEWELL AND SHEEDY, INe., APPLICANT. PASSED AND ADOPTED THIS 7TH DAY OF AUGUST, 2006 BY THE FOLLOWING VOTE: AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND BRACCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO PSI Development Company A Resolution of the City Council of the City of Gilroy approving GPA 05-03, a General Plan Amendment request to change the land use designation from Low-Density Residential to Medium-Density Residential on approximately 1.97 acres located at 9060 and 9070 Kern Avenue, north ofMantelli Drive, APN 790-18-015 and -017, PSI Development Company, applicant. Motion was made by Councilman Correa, seconded by Councilman Arellano and carried (Council members Gartman and Velasco voting no and Mayor Pinheiro absent) to adopt Resolution No. 2006-60 approving GP A 05-03, a General Plan Amendment request to change the land use designation from Low-Density Residential to Medium-Density Residential on approximately 1.97 acres located at 9060 and 9070 Kern Avenue, north of Mantelli Drive, APN 790-18-015 and -017, PSI Development Company, applicant. RESOLUTION NO. 2006-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GP A 05-03, A GENERAL PLAN AMENDMENT REQUEST TO CHANGE THE LAND USE DESIGNATION FROM LOW-DENSITY RESIDENTIAL TO MEDIUM-DENSITY RESIDENTIAL ON APPROXIMATELY 1.97 ACRES LOCATED AT 9060 AND 9070 KERN A VENUE, NORTH OF MANTELLI DRIVE, APN 790-18-015 AND -017, PSI DEVELOPMENT COMPANY, APPLICANT. PASSED AND ADOPTED THIS 7TH DAY OF AUGUST, 2006 BY THE FOLLOWING VOTE: AYES: COUNCILMEMBERS: ARELLANO, CORREA, VALIQUETTE, AND BRACCO NOES: COUNCILMEMBERS: GARTMAN AND VELASCO ABSENT: COUNCILMEMBERS: PINHEIRO PSI Development Company An Ordinance of the City Council of the City of Gilroy approving application Z 05-12 to change the zoning designation from R1 (Single-Family Residential) to R3-PUD (Medium-Density Residential- Planned Unit Development) on approximately 1.97 acres located at 9060 and 9070 Kern Avenue, north of Mantelli Drive, APN 790-18-015 and - 017, PSI Development Company, applicant. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Mayor Pinheiro absent) to read the ordinance by title only and waive further reading of the ordinance. The City Clerk read the ordinance by title only. 8556 Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Councilmembers Gartman and Velasco voting no and Mayor Pinheiro absent) to introduce an Ordinance of the City Council of the City of Gilroy approving Z 05~12. City of Gilroy - Building Codes An Ordinance of the City Council of the City of Gilroy adopting the 2000 Edition of the Uniform Fire Code, Volumes 1 and 2, with amendments to the 2001 California Code of Regulations Title 24, Part 9, and amending Section 10.9 of Chapter 10 of the Gilroy City Code. The staff report was noted and further explained by City Administrator Baksa. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Mayor Pinheiro 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 Arellano, seconded by Councilman Correa and carried (Mayor Pinheiro absent) to introduce an Ordinance ofthe City Council of the City of Gilroy adopting the 2000 Edition of the Uniform Fire Code, Volumes 1 and 2, with amendments to the 2001 California Code of Regulations Title 24, Part 9, and amending Section 10.9 of Chapter 10 of the Gilroy City Code. Commissions/Boards Resignation from Housing Advisory Committee member, Erika Duitman. Motion was made by Councilman Gartman, seconded by Councilman Valiquette and carried (Mayor Pinheiro absent) to accept the resignation with regrets. Motion was made by Councilman Gartman, seconded by Councilman Arellano and carried (Mayor Pinheiro absent) to appoint Mary Ellison as the Renter Representative. Appointment of Ken Tanaka to the City of Gilroy Personnel Commission. Motion was made by Councilman Correa, seconded by Councilman Arellano and carried (Mayor Pinheiro absent) to appoint Ken Tanaka to the City of Gilroy Personnel Commission. City Administrator's Report City Administrator Baksa distributed information on the Unreinforced Masonry Ordinance and requested the Council review the information during the August recess as it will be on the September 18, 2006 agenda. He stated that he met with the County Librarian and Lani Yoshimura regarding the library and possibly reconvening the Library Task Force. He noted that it is difficult to get citizens to apply for the board and commission openings and requested the Council start talking to people now and encouraging them to apply. City Attorney's Report Discussion of establishing a City Council Policy regarding disclosure of ex parte contacts regarding agenda items. City Attorney Faber explained the request. Motion was made by Councilman Arellano, seconded by Councilman Velasco and carried (Council members Gartman and Valiquette voting no and Mayor Pinheiro absent) to adopt the Policy. Council Members Report Councilman Arellano asked if anyone could attend a Calpine grant meeting at 10:00 a. m. tomorrow and Councilman Gartman said that he could attend for him. He questioned whether anything could be done with the old WalMart site as it is blighted and City Administrator Baksa stated that staff will look into it. Councilman Gartman noted the discussion of the proposed mall in the newspaper, stating his concern that the Council did not know anything of the discussions. He asked that for the October mini- policy summit that there be an agenda item as to how information is disseminated to the Council in a timely manner. He stated that he had a great time at the Garlic Festival and gave a hats off for another great Festival. 8557 *Meeting will be televised on Channel 17 AUGUST 2006 7 Closed Session - 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 21 Regular City Council Meeting - (CANCELLED) 22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy SEPTEMBER 2006 11 * Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 12 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 18 Study Session - Downtown Art - 6:00 p.m., Gilroy City Council Chambers 18* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy OCTOBER 2006 2* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 10 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 16* 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 9:32 p.m. the Mayor Protempore adjourned the meeting to the meeting of September 18, 2006. &- . )~. . . . . ,.). . . ._-!1 q' J., I -7, " /:' /'{ L _._~~~~~.~~--_._~~~~-~,,~~.~-- Is! RHONDA PELLIN, CMC City Clerk