Minutes 2006/11/20
Presentations by members of the public for items not on the agenda, but within the subject matter
jurisdiction of the City Council.
John Peters reviewed concerns regarding damage to his property from the Santa
Teresa Boulevard widening project.
Mayor Pinheiro noted that the Employee Award for the Month of November, 2006
for Scott Barron, Code Enforcement Officer, Community Development Department,
would be reagendized for December 4,2006.
Mayor Pinheiro presented a Certificate of Recognition to Robert "The Ghost"
Guerrero upon his achievement of the International Boxing Federation Featherweight
Championshi p.
Mayor Pinheiro presented a Certificate of Recognition to Linda Pulido upon the
achievement of her sixth consecutive Martial Arts World Champion Taekwondo Title
and first World Champion Filipino Stick Fighting Title.
Presentations & Proclamations
Mayor Pinheiro noted a proclamation for Pastor Bruce Rowlison Day - November 10,
2006, which was previously presented to the recipient.
The following new employees were introduced: David Boles, Police Records
Supervisor, Police Department and Carlos Hernandez, FirefighterIParamedic I, Fire
Department.
Introductions
The following promoted employee was introduced: Carmen Medrano, Financial
Analyst, Finance Department.
Orders of the Day
Mayor Pinheiro announced that Item v.A. would be continued to December 18, 2006,
Item III.D. would be pulled for a separate vote, and Item III.J. would be pulled to allow
two speakers to address the Council.
Present: Peter Arellano; Paul Correa; Craig Gartman; Russ Valiquette;
Roland Velasco; Al Pinheiro / Absent: Dion Bracco - 7:12 p.m.
Roll Call
City Clerk Pellin noted that the agenda had been posted on November 15, 2006
at 9:20 a.m.
Pastor Greg Quirke, South Valley Community Church, gave the invocation.
Mayor Pinheiro led the Pledge of Allegiance to the flag.
Regular Meeting
November 20, 2006
Gilroy, California
8580
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Mayor Pinheiro noted that this would be discussed in closed session in December,
2006.
Darcy Foster spoke on behalf of her mother, Noreene Royer, regarding concerns of
damage to her mother's property from the Santa Teresa Boulevard widening project.
Mayor Pinheiro noted that this would also be discussed in closed session in
December, 2006.
It was noted that Mr. La Frentz was also going to speak on this issue regarding 8491
Gaunt Avenue, but was not able to attend this meeting.
Mayor Pinheiro stated that Item III.J. claims #7, #8, and #9 would be pulled and
reagendized.
Lance Eugene Sachara spoke regarding a blight complaint issued against him. He
noted a road hazard at Third and Monterey Streets, indicating that a piece of rebar is
sticking out of the roadway. He stated that he rejects the blight complaint.
Consent Calendar
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried (Councilman Bracco absent) to approve the Consent Calendar, removing Item
III.D. Recommendation to appoint Councilman Bracco to the Bonfante Gardens Board of
Directors for a separate vote and also removing Item I1I.J. claim #7, #8, and #9 to be
reagendized.
Minutes of the Regular Council Meeting of November 6,2006.
Appointment of Assistant City Administrator.
Resolution of the City Council of the City of Gilroy approving participation in the
Local Agency Investment Fund and naming city officials authorized to order deposits and
withdrawals.
RESOLUTION NO. 2006-73
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING P ARTICIP ATION IN THE LOCAL AGENCY INVESTMENT FUND
AND NAMING CITY OFFICIALS AUTHORIZED TO ORDER DEPOSITS AND
WITHDRAWALS.
PASSED AND ADOPTED this 20th day of November, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNC~MEMBERS: BRACCO
Recommendation to approve the City Council Policy Summit actions of
October 27,2006.
Recommendation to Approve Budget Amendments/Transfers.
An Ordinance ofthe City of Gilroy amending Gilroy City Code Section 7.4.1,
providing that certain charges to development projects in the zero fee area (as defined by
Exhibit" A") are set at zero (0) or fifty (50) percent of cost reasonably borne by the City,
to extend its provisions until December 31, 2008.
ORDINANCE NO. 2006-23
AN ORDINANCE OF THE CITY OF GILROY AMENDING GILROY CITY
CODE SECTION 7.4.1, PROVIDING THAT CERTAIN CHARGES TO
DEVELOPMENT PROJECTS IN THE ZERO FEE AREA (AS DEFINED BY
EXHIBIT "A") ARE SET AT ZERO (0) OR FIFTY (50) PERCENT OF COST
REASONABLY BORNE BY THE CITY, TO EXTEND ITS PROVISIONS UNTIL
DECEMBER 31,2008.
PASSED AND ADOPTED this 20th day of November, 2006 by the following vote:
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AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRACCO
Approval of the Emergency and Non-Emergency Lines of Succession.
Tract 9615 Highlands Remainder II - Eagle Ridge, Grant Deed, Plat, & legal
description for 10' wide Public Service Easement.
Denied claims of Lovell "KC" Adams, Tony Arreola, Jan & Debra de Groot, Rick
Gonzales, Travis Malek, and Lefird & Vickie Wilson.
Councilman Valiquette recused himself from discussion and vote on Item III.D., due
to financial interests in Bonfante Gardens, stepped down from the dais and left the room.
Recommendation to appoint Councilman Bracco to the Bonfante Gardens Board of
Directors.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried (Council members Bracco and Valiquette absent) to appoint Councilman Bracco
to the Bonfante Gardens Board of Directors.
Councilman Valiquette returned to his seat at the dais.
Ronan Avenue Investors
Public Hearing on a Tentative Map request to create 18 residential lots on
approximately 4.38 acres, zoned R1 (Single Family Residential), located on Ronan
A venue at the western terminus of Bosque and Brazos Streets. Ronan Avenue Investors
(c/o Michael McDermott), applicant, TM 06-08.
Consensus of the Council was to continue this request to the meeting of December
18, 2006 at the request of the applicant.
First Time Buyer, LLC.
Public Hearing on a Tentative Map request to convert 30 existing apartment units into
30 condominiums and one common lot area, on property zoned R3 (Medium Density
Residential), located at 8500 & 8530 Wren Avenue. First Time Buyer, LLC (c/o Lance
McAlpine), applicant, TM 06-05.
The staff report was noted and further explained by Planner II Casper.
Mayor Pinheiro opened the Public Hearing. There being no comments from the
public, Mayor Pinheiro closed the Public Hearing.
Consensus of the Council was that in the future for applications converting
apartments to condominiums that the Council be given information regarding rental units
within the City as a whole, rental units within the general vicinity of the application, and
also a school district attendance area map be included with their information.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried (Councilmembers Arellano and Gartman voting no and Councilman Bracco
absent) to direct staff to prepare a resolution approving TM 06-05.
Oshan, Michael
Public Hearing on a Zone Change request from R3 (Medium Density Residential) to
R3-PUD (Medium Density Residential-Planned Unit Development), located at 620
Broadway Street. Michael Oshan, applicant, Z 06-12.
Architectural & Site application to allow the removal and replacement of 4 (four)
townhouse units on property zoned R3 (Medium Density Residential), located at 620
Broadway Street. Michael Oshan, applicant, NS-PUD 06-25.
The staff report was noted and further explained by Planner II Casper for Z 06-12 and
NS-PUD 06-25.
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Mayor Pinheiro opened the Public Hearing for Z 06-12.
An anonymous speaker questioned whether the neighbors were made aware of the
project being three stories. It was noted that property owners within 300' are notified,
but that they would have to come to the Planning Division or to a meeting to get specifics
on the application.
Michael Oshan, applicant, noted that the visual effect will be a major improvement
over what is there. He noted that there are two stories now, and that it is really only 2 1/2
stories total.
Mayor Pinheiro closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Arellano and
carried (Councilman Bracco absent) to continue this to December 4,2006 to receive
maps for the application.
City of Gilroy - Zoning Ordinance
Public Hearing on a Zone Change text amendment to Section 31 by adding Section
31.90, "Interim Off-Street Parking Reduction" in certain areas of the Downtown Specific
Plan (also known as the Downtown Parking Study Area). City of Gilroy, applicant,
Z 06-16.
The staff report was noted and further explained by Community Development
Director Rooney.
Mayor Pinheiro opened the Public Hearing. There being no comments by the public,
Mayor Pinheiro closed the Public Hearing.
Motion was made by Councilman Gartman, seconded by Councilman Valiquette and
carried (Councilman Bracco absent) to direct staff to prepare an ordinance approving
Z 06-16.
City of Gilroy - Ordinance Codification
An Ordinance of the City Council of the City of Gilroy amending Chapter 18 of the
Gilroy City Code entitled "Public Parks" regulating public use of City parks and
recreation areas to prohibit the consumption of intoxicating liquor other than beer and
wine at Las Animas Park and Christmas Hill Park.
Motion was made by Councilman Arellano, seconded by Councilman Correa and
carried (Councilmembers Gartman and Velasco voting no and Councilman Bracco
absent) to adopt Ordinance No. 2006-24 amending Chapter 18 of the Gilroy City Code
entitled "Public Parks" regulating public use of City parks and recreation areas to prohibit
the consumption of intoxicating liquor other than beer and wine at Las Animas Park and
Christmas Hill Park.
ORDINANCE NO. 2006-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING CHAPTER 18 OF THE GILROY CITY CODE ENTITLED "PUBLIC
PARKS" REGULATING PUBLIC USE OF CITY PARKS AND RECREATION
AREAS TO PROHIBIT THE CONSUMPTION OF INTOXICATING LIQUOR OTHER
THAN BEER AND WINE AT LAS ANIMAS PARK AND CHRISTMAS HILL PARK.
PASSED AND ADOPTED this 20th day of November, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, CORREA, VALIQUETTE, AND
PINHEIRO
NOES: COUNCILMEMBERS: GARTMAN AND VELASCO
ABSENT: COUNCILMEMBERS: BRACCO
New Hope Community Church
A. Small Project Exemption request for 14 single-family residential allocations. New
Hope Community Church (c/o Malcolm MacPhail), applicant, SPE 06-04.
The staff report was noted and further explained by Planner II Casper.
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Pastor Malcolm MacPhail thanked the City Council for their service to the
community. He gave a brief history of the property. He asked that the Council approve
this project.
Councilmembers Gartman, Valiquette, and Pinheiro stated that they met with the
applicant and received numerous letters in support of this request. Council members
Arellano and Correa stated that they also received numerous letters in support of this
request.
Motion was made by Councilman Valiquette, seconded by Councilman Correa and
carried (Councilman Bracco absent) to direct staff to prepare a resolution approving
SPE 06-04.
City of Gilroy - Residential Development Ordinance
Revision to the City of Gilroy Affordable Housing Exemption Procedure. City of
Gilroy, applicant, M 06-16 (noticed as file #Z 06-13).
The staff report was noted and further explained by City Administrator Baksa.
Motion was made by Councilman Correa, seconded by Councilman Valiquette and
carried (Councilman Bracco absent) to direct staff to prepare a resolution approving
M 06-16.
City of Gilroy - Zoning Ordinance
Discussion regarding portable handheld signs.
The staff report was noted and further explained by City Administrator Baksa and
Mayor Pinheiro.
Motion was made by Councilman Arellano, seconded by Councilman Correa and
carried (Council members Gartman and Valiquette voting no and Councilman Bracco
absent) to add this item to the City Council's January, 2007 Policy Summit agenda to
prioritize.
Council Members Report
Councilmembers Correa, Gartman, and Valiquette wished everyone a Happy
Thanksgiving.
Councilman Velasco noted the November 27,2006 meeting at 6:00 p.m. with
LAFCO staff here in the Council Chambers to discuss and accept comments on LAFCO's
Revised Draft Agricultural Mitigation Policies.
Mayor's Report
Mayor Pinheiro thanked the Pacific West Christian Academy Cheer group for the gift
baskets for the Council and staff members. He also noted the LAFCO meeting. He
asked everyone to be safe for Thanksgiving Day.
*Meeting will be televised on Channel 17
NOVEMBER 2006
20 Closed Session - 6:00 p.m., Gilroy City Council Chambers
20* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
DECEMBER 2006
4* 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* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
JANUARY 2007
8* Regular City Council Meeting - (CANCELLED)
9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16 Quarterly Workshop with the Gilroy Unified School Board - 6:00 p.m., at the Gilroy
Unified School District Administration Board Room, 7810 Arroyo Circle, Gilroy
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22 Study Session - Downtown Economic Study - 6:00 p.m., Gilroy City Council
Chambers
22* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
26 Annual Policy Summit - 8:00 a.m. to 5:00 p.m., Senior Center Meeting Room, 7371
Hanna Street, Gilroy (dinner at 6:00 p.m. -location to be determined)
27 Annual Policy Summit - 8:00 a.m. to 2:00 p.m., Senior Center Meeting Room, 7371
Hanna Street, Gilroy
29 Study Session - Joint City CouncillPlanning Commission - Parking - 6:00 p.m.,
Gilroy City Council Chambers
Adjournment
At 9: 18 p.m. the Mayor adjourn~to the meetin
/s! RHONDA PELLIN, CMC
City Clerk
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