Minutes 2006/02/27
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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.
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Is! RHONDA PELLIN, CMC
City Clerk