Minutes 2007/03/05
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Councilman Velasco thanked Community Development Director Rooney,
Development Center Manager Abrams, Planning Division Manager Faus, City Clerk
Pellin, City Administrator Baksa, and City Attorney Callon for their work with Local
Government Day on March 2, 2007 for Leadership Gilroy.
Mayor Pinheiro presented the Employee Award for the Month of February, 2007 to
Wendie Rooney, Community Development Director, Community Development
Department.
Presentations & Proclamations
Mayor Pinheiro presented a proclamation for Science Fair Week - March 12-17, 2007
to Mr. Lynn Liebschutz.
Introductions
The following promoted employees were introduced: Kurt Svardal, Captain, Police
Department and Clay Bentson, Division Chief, Fire Department.
Orders of the Day
Mayor Pinheiro announced that this meeting would be adjourned in the memory of
Lis Gifford, former City Councilmember who passed away February 14,2007.
Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ
Valiquette; Roland Velasco; Al Pinheiro - 7:00 p.m.
Roll Call
City Clerk Pellin noted that the agenda had been posted on February 28, 2007
at 11 :05 a.m.
Gita Etemadi, a member of the Baha'i Community of Gilroy, gave the invocation.
Mayor Pinheiro led the Pledge of Allegiance to the flag.
Regular Meeting
March 05, 2007
Gilroy, California
8619
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Presentations by members ofthe 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 Valiquette and
carried to approve the Consent Calendar.
Minutes of the Regular Council Meeting of February 26,2007.
Recommendation to Approve Budget Amendments/Transfers.
Resolution of the City Council of the City of Gilroy declaring certain weeds growing
in the City of Gilroy to be a public nuisance, describing weeds which constitute such
nuisance, and providing for giving notice of the adoption of the resolution by publication
thereof.
RESOLUTION NO. 2007-14
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING CERTAIN WEEDS GROWING IN THE CITY OF GILROY TO BE A
PUBLIC NUISANCE, DESCRIBING WEEDS WHICH CONSTITUTE SUCH
NUISANCE, AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF
THE RESOLUTION BY PUBLICATION THEREOF.
PASSED AND ADOPTED this 5th day of March, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Denied claims of Anthony GassIer and Deborah Griffith.
Miraflores Homes
An Ordinance of the City Council of the City of Gilroy approving application Z 06-04
for a change in zoning designation from Rl (Single Family Residential) to R3/PUD
(Medium Density Residential-Planned Unit Development) on approximately one (1) acre
ofa 3.38-acre site located at 9130 and 9160 Kern Avenue, north of Mantelli Drive, APNs
790-17-002 and -003. 9130 Kern Avenue, LLC (c/o Sal Akhter-Miraflores Homes),
applicant.
The staff report was noted and further explained by Planner II Durkin.
Motion was made by Councilman Arellano, seconded by Councilman Gartman and
carried (Councilmembers Valiquette, Velasco, and Pinheiro voting no) to adopt
Ordinance No. 2007-05 approving application Z 06-04 for a change in zoning designation
from Rl (Single Family Residential) to R3/PUD (Medium Density Residential-Planned
Unit Development) on approximately one (1) acre ofa 3.38-acre site located at 9130 and
9160 Kern Avenue, north of Mantelli Drive, APN s 790-17-002 and -003. 9130 Kern
Avenue, LLC (c/o Sal Akhter-Miraflores Homes), applicant.
ORDINANCE NO. 2007-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING APPLICATION Z 06-04 FOR A CHANGE IN ZONING DESIGNATION
FROM Rl (SINGLE FAMILY RESIDENTIAL) TO R3/PUD (MEDIUM DENSITY
RESIDENTIAL-PLANNED UNIT DEVELOPMENT) ON APPROXIMA TEL Y ONE
(1) ACRE OF A 3.38-ACRE SITE LOCATED AT 9130 AND 9160 KERN AVENUE,
NORTH OF MANTELLI DRIVE, APNS 790-17-002 AND -003. 9130 KERN
AVENUE, LLC (C/O SAL AKHTER-MIRAFLORES HOMES), APPLICANT.
PASSED AND ADOPTED this 5th day of March, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, AND
GARTMAN
NOES: COUNCILMEMBERS: VALIQUETTE, VELASCO, AND PINHEIRO
ABSENT: COUNCILMEMBERS: NONE
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Miraflores Homes
A Resolution of the City Council of the City of Gilroy approving TM 06-03, a
Tentative Map to create 53 residential lots, a private park site, and private streets on
approximately 3.38 acres located at 9130 and 9160 Kern Avenue, north of Mantelli
Drive, APNs 790-17-002 and -003. 9130 Kern Avenue, LLC (Miraflores Homes),
applicant.
Motion was made by Councilman Arellano, seconded by Councilman Bracco and
carried (Councilmembers Valiquette, Velasco, and Pinheiro voting no) to adopt
Resolution No. 2007-15 approving TM 06-03, a Tentative Map to create 53 residential
lots, a private park site, and private streets on approximately 3.38 acres located at 9130
and 9160 Kern Avenue, north of Mantelli Drive, APNs 790-17-002 and -003. 9130 Kern
Avenue, LLC (Miraflores Homes), applicant.
RESOLUTION NO. 2007-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 06-03, A TENTATIVE MAP TO CREATE 53 RESIDENTIAL
LOTS, A PRIV ATE PARK SITE, AND PRIV ATE STREETS ON APPROXIMA TEL Y
3.38 ACRES LOCATED AT 9130 AND 9160 KERN AVENUE, NORTH OF
MANTELLI DRIVE, APNS 790-17-002 AND -003. 9130 KERN AVENUE, LLC
(MIRAFLORES HOMES), APPLICANT.
PASSED AND ADOPTED this 5th day of March, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, AND
GARTMAN
NOES: COUNCILMEMBERS: VALIQUETTE, VELASCO, AND PINHEIRO
ABSENT: COUNCILMEMBERS: NONE
Miraflores Homes
A Resolution of the City Council of the City of Gilroy approving A/S 06-09, an
application for Architectural and Site approval of a Planned Unit Development for a 56-
home residential subdivision on approximately 3.38 acres at 9130 and 9160 Kern
Avenue, north of Mantelli Drive, APNs 790-17-002 and -003. 9130 Kern Avenue, LLC
(Miraflores Homes), applicant.
Motion was made by Councilman Arellano, seconded by Councilman Bracco and
carried (Councilmembers Valiquette, Velasco, and Pinheiro voting no) to adopt
Resolution No. 2007-16 approving A/S 06-09, an application for Architectural and Site
approval of a Planned Unit Development for a 56-home residential subdivision on
approximately 3.38 acres at 9130 and 9160 Kern Avenue, north of Mantelli Drive, APNs
790-17 -002 and -003. 9130 Kern Avenue, LLC (Miraflores Homes), applicant.
RESOLUTION NO. 2007-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 06-09, AN APPLICATION FOR ARCHITECTURAL AND SITE
APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR A 56-HOME
RESIDENTIAL SUBDIVISION ON APPROXIMATELY 3.38 ACRES AT 9130 AND
9160 KERN AVENUE, NORTH OF MANTELLI DRIVE, APNS 790-17-002 AND -
003. 9130 KERN AVENUE, LLC (MIRAFLORES HOMES), APPLICANT.
PASSED AND ADOPTED this 5th day of March, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, AND
GARTMAN
NOES: COUNCILMEMBERS: VALIQUETTE, VELASCO, AND PINHEIRO
ABSENT: COUNCILMEMBERS: NONE
Commissions/Boards
Resignation from BicycleIPedestrian Advisory Board Member Rebecca Scheel.
The staff report was noted.
Motion was made by Councilman Gartman, seconded by Councilman Valiquette and
carried to accept the resignation with regrets and open a new recruitment.
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Computer System & Equipment
Recommendation to purchase laptops for City Councilmembers.
Motion was made by Councilman Gartman, seconded by Councilman Valiquette and
carried (Councilmembers Arellano and Velasco voting no) to purchase laptops for City
Councilmembers.
Shopping Carts
Recommendation to adopt an ordinance regarding prevention of abandoned shopping
carts.
The staff report was noted and further explained by City Administrator Baksa.
Motion was made by Councilman Correa, seconded by Councilman Valiquette and
carried to direct staff to prepare an ordinance regarding prevention of abandoned
shopping carts.
StateIFederal Legislation
Request for the City of Gilroy to take a stand in opposition to SB 49 - legislation
regarding the San Francisco 4gers move to the City of Santa Clara.
Motion was made by Councilman Velasco, seconded by Councilman Gartman and
carried (Councilman Arellano voting no) to direct staff to prepare a resolution in
opposition to SB 49 and also send a letter in opposition to SB 49. Consensus of the
Council was to also send a letter supporting the 4gers move to the City of Santa Clara.
Employee Retirement Plans
Resolution of Intention to approve an amendment to contract between the Board of
Administration California Public Employees' Retirement System and the City Council
City of Gilroy.
The staff report was noted and further explained by City Administrator Baksa.
Motion was made by Councilman Correa, seconded by Councilman Valiquette and
carried to adopt Resolution No. 2007-17 ofthe intention to approve an amendment to
contract between the Board of Administration California Public Employees' Retirement
System and the City Council City of Gilroy.
RESOLUTION NO. 2007-17
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY
OF GILROY.
PASSED AND ADOPTED this 5th day of March, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Employee Retirement Plans
An Ordinance of the City Council of the City of Gilroy authorizing an amendment to
the contract between the City Council of the City of Gilroy and the Board of
Administration of the California Public Employees' Retirement System.
Motion was made by Councilman Valiquette, seconded by Councilman Arellano and
carried 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 Valiquette and
carried to introduce an Ordinance of the City Council of the City of Gilroy
City Administrator's Report
City Administrator Baksa distributed a copy of the undergrounding ordinance for the
Councilmembers to review. In answer to a previous question, he answered that there are
over 100 riders participating in BMX racing currently, and that 25 families are currently
8623
traveling to Prunedale for races. He noted the agenda for the CouncillPlanning
Commission Policy Summit for March 12 and reviewed it with the Councilmembers. He
noted that staffhas begun A-frame enforcement downtown. He stated that staff has made
contact with property owners and given them a copy of the sign ordinance. It was
requested that the undergrounding ordinance be put on the July 20, 2007 agenda for
discussion. He requested that the Councilmembers pull out the sidewalk handout from
their packet to use for the March 19,2007 study session.
Council Members Report
Councilman Bracco stated that he attended the Exchange Club Blue & Gold awards
where Steve Morrow received an award.
Councilman Arellano reminded everyone that on March 29, 2007 from 6-8:00 p.m. at
South Valley Middle School, there will be a Domestic Violence Workshop.
Councilman Valiquette stated that he was approached by a property management
company and they requested that they not be required to put a water deposit down on a
unit when they just need the water on for a few days to clean a unit. It was noted that
staff will research and get back to him with an answer. He stated that the Fire
Department Women's Auxiliary did a great job for the Fireman's Ball.
Councilman Gartman noted the conversion of the mobile home park and that there
were some bills going through the legislature on this. He requested the Council get
copies of these bills to review with the packet. He questioned the department priority of
projects status, and was told that Council should have it the first of next week.
Mayor's Report
Mayor Pinheiro thanked the Gavilan College class for attending the meeting. He
stated that he wanted to let the community know that the Council has the sense that they
need to be as transparent as possible. He stated that they do not have a culture of secrecy
and that is the Council and Administration direction. He noted that the media called on
Tuesday morning regarding the closed session and was given the action that there "was
no reportable action." He stated that that was because there was no action to be reported.
He requested the Council to set study sessions to discuss 1) transparency, 2) double
dipping, and 3) discussion on the Charter sections and Council's ability to provide policy
vs. administrative actions. He thanked City Clerk Pellin for providing an expanded list of
upcoming meetings to encompass four months. He noted that the first Council Visioning
meeting will be May 30, 2007.
Adjourn to Closed Session
PUBLIC EMPLOYEE PERFORMANCE EV ALUA TION
Title: City Attorney
Pursuant to Government Code Section 54957.6
At 8:09 p.m. the Council adjourned into closed session.
Adjourn to Open Session
Public Report of any action taken in Closed Session and the vote or abstention of
each Councilmember, if required by Government Code Section 54957.1.
Mayor Pinheiro announced that no action had been taken.
*Meeting will be televised on Channel 17
MARCH 2007
5 Study Session - Hecker Pass North Side Road Design & Sidewalk Task Force
Recommendations - 6:00 p.m., Gilroy City Council Chambers
5* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
12 Joint City CouncillPlanning Commission Policy Summit & Project Update-
6:00 p.m., Gilroy City Council Chambers
13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
14 Workshop - Pre-CIB -7:00 p.m., Gilroy City Council Chambers
19 Study Session - Visitors Bureau - 6:00 p.m., Gilroy City Council Chambers
19* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
26* Joint City Council/Planning Commission Study Session on the 2007 CIB-
6:00 p.m., Gilroy City Council Chambers
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8624
27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
28 Workshop - Budget - 6:00 p.m., Gilroy City Council Chambers
APRIL 2007
2* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
10 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
24 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
MA Y 2007
7* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
8 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
14* Study Session - Budget - 6:00 p.m., Gilroy City Council Chambers
21 * Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
22 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
30 Workshop on Council Visioning - 6:00 p.m., Gilroy City Council Chambers
JUNE 2007
4* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
12 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
11 * Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
At 8:48 p.m. the Mayor adjourned the meeting in the memory of Lis Gifford, former
City Councilmember to the meeting of March 19,2007.
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/s/ RHONDA PELLIN, CMC
City Clerk