Minutes 2007/05/07
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8650
Regular Meeting
May 07, 2007
Gilroy, California
Mayor Pinheiro led the Pledge of Allegiance to the flag.
Naeem Etemadi, a member ofthe Baha'i Community of Gilroy, gave the invocation.
City Clerk Pellin noted that the agenda had been posted on May 2, 2007 at 11 :40 a.m.
Roll Call
Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette;
Roland Velasco; Al Pinheiro - 7:13 p.m.
Orders of the Day
There were no changes to the agenda.
Introductions
The following new employees were introduced: Maria DeLeon, Recreation Manager,
Community Services Department and Deborah Schwarz, Planner II, Community
Development Department.
Presentations & Proclamations
Mayor Pinheiro presented the Team of the Month Award for March, 2007 to Lynn
Lawrence, Jennifer Silveira, Annette Romero (not present), Nonie Barbieri (not present),
Steve Ynzunza (not present), Frank Bozzo (not present), John Sheedy, Joe Kline, Rachel
Munoz, Lanny Brown, Michele Bozzo (not present), and Bob Winter (not present).
Mayor Pinheiro presented a proclamation for Building Safety Week - May 6-12, 2007
to Kristi Abrams.
Mayor Pinheiro presented the Employee A ward for the Month of April, 2007 to
David Chulick, Information Technology Director, Administrative Services Department.
Mayor Pinheiro noted a proclamation in appreciation for the services of Bruno
Figueroa, which was previously presented to the recipient.
Mayor Pinheiro noted a proclamation for National Hospital Week - May 6-12, 2007,
which was previously presented to the recipient.
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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 Valiquette, seconded by Councilman Bracco and
carried to approve the Consent Calendar.
Minutes of the Regular Council Meeting of April 16, 2007.
A Resolution of the City Council of the City of Gilroy setting the annual fireworks
service fee for impacts on City Fire and Police services related to the sale and use of safe
and sane fireworks pursuant to City Code Chapter lOA.
/
RESOLUTION NO. 2007-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SETTING THE ANNUAL FIREWORKS SERVICE FEE FOR IMPACTS ON CITY
FIRE AND POLICE SERVICES RELATED TO THE SALE AND USE OF SAFE AND
SANE FIREWORKS PURSUANT TO CITY CODE CHAPTER lOA.
PASSED AND ADOPTED this 7th day of May, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Notice of Acceptance of Completion, Farrell Avenue Bridge Widening Project,
Project No. 06-CDD-127, George Bianchi Construction.
Denied Claim ofCy and Terene Roberts.
A Resolution of the City Council of the City of Gilroy approving TM 06-06, a
Tentative Map to create an 11 parcel residential subdivision, on approximately four acres
located at 5875 Miller Avenue, west of the Miller, Thomas and Mesa Road intersection,
APNs 810-28-014 and 015. Martin Chappell, applicant.
RESOLUTION NO. 2007-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 06-06, A TENTATIVE MAP TO CREATE AN 11 PARCEL
RESIDENTIAL SUBDIVISION, ON APPROXIMA TEL Y FOUR ACRES LOCATED
AT 5875 MILLER AVENUE, WEST OF THE MILLER, THOMAS AND MESA
ROAD INTERSECTION, APNS 810-28-014 AND 015. MARTIN CHAPPELL,
APPLICANT.
PASSED AND ADOPTED this 7th day of May, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A Resolution of the City Council ofthe City of Gilroy approving A/S 06-38 (PUD),
an application for Architectural and Site approval of a Planned Unit Development for the
addition and renovation of an existing car wash, on approximately 0.46 acres located at
951 First Street, APN 790-21-008. EI Estero Car Wash c/o John Logan, applicant.
RESOLUTION NO. 2007-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 06-38 (PUD), AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR THE ADDITION
AND RENOVATION OF AN EXISTING CAR WASH, ON APPROXIMATELY 0.46
ACRES LOCATED AT 951 FIRST STREET, APN 790-21-008. EL ESTERO CAR
WASH C/O JOHN LOGAN, APPLICANT.
PASSED AND ADOPTED this 7th day of May, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
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NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
McCarthy Business Park Parcel Map, Lot Split, McCarthy Gilroy, LLC, A California
Limited Liability Company.
Deferred Improvement Agreement No. 2007-06, Santa Teresa & Hecker Pass,
APN: 808-01-005, ConocoPhillips Company.
Notice of Acceptance of Completion, Del Rey Park Improvements, Project No. 06-
CDD-116, Perma-Green Hydroseeding, Inc.
Agreement for Deferred Agricultural Mitigation by and between the City of Gilroy
and Las Animas Development, LLC (Augustine Melia).
J anitoriallCustodial Services
Recommendation to award the bid for Custodial Services, Project No. 07-ASD-138,
to Madrigals Cleaning Service, in the amount of $219,000.00.
City Administrator Baksa presented a recommendation to award the bid for Custodial
Services, Project No. 07-ASD-138, to Madrigals Cleaning Service, in the amount of
$219,000.00.
Motion was made by Councilman Bracco, seconded by Councilman Valiquette and
carried to award the bid for Custodial Services, Project No. 07-ASD-138, to Madrigals
Cleaning Service, in the amount of $219,000.00.
Pacific Mobile Estates
A continued Public Hearing on a Tentative Map request to create 178 residential lots
on approximately 23.59 acres on property zoned R3 (Medium Density Residential),
located at 500 West Tenth Street (Pacific Mobile Estates). Don Jurow, applicant,
TM 06-16.
The staff memo and City Attorney's report was noted and further explained by
Planner II Polubinsky and City Attorney Callon, who noted that the Tenant Impact
Report will be recorded against the property. She noted that all of the filing requirements
have been met by the applicant. She noted that the mobile home park owner has waived
its rights to dislocate or evict any tenants of the park as a result of this conversion. She
explained that they can still be evicted for cause for the regular reasons.
Mayor Pinheiro opened the Public Hearing.
Richard Close, attorney for the applicant, stated that no tenant in the park can be
evicted except as set forth in Section 798.56 of the Civil Code, explaining that they can
only be evicted for cause.
Gus Colgain stated that there are questions about the legality of the survey, which
was mailed, rather than a one-on-one personal survey.
Richard Janisch, resident of the mobile home park, stated that the owner of the park
has told them not to worry, that everything will be all right.
Tony Mannino, resident of the mobile home park, agreed that there is no homeowners
association, but rather just a small committee working on the conversion. He stated that
he is excited about the ability to buy the land that his home is on. He noted that a
homeowners association will be formed once the conversion is approved and the owners
will have a say in what happens in the park.
Susy Forbath noted that she has a presentation that she can offer to the Councilor just
be available to answer questions.
Mayor Pinheiro closed the Public Hearing.
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Councilmembers Bracco, Correa, Gartman, Valiquette and Pinheiro stated that they
all met with the applicant. Councilman Gartman revealed that he learned that people can
continue to rent, but with the first sale in the park, anyone could come in and buy a space,
but they would have to buy the coach and the land.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried (Councilmembers Bracco, Gartman, and Valiquette voting no) to adopt
Resolution No. 2007-41 approving TM 06-16, a Tentative Map to create 168 single-
family residential condominium parcels, common open space, parking, and community
buildings on approximately 23.59 acres located at 500 West Tenth Street, west of the
Rosanna Street intersection, APNs 799-31-004 and 005. Pacific Mobile Estates, c/o John
Jurow, applicant.
RESOLUTION NO. 2007-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 06-16, A TENTATIVE MAP TO CREATE 168 SINGLE-FAMILY
RESIDENTIAL CONDOMINIUM PARCELS, COMMON OPEN SPACE, PARKING,
AND COMMUNITY BUILDINGS ON APPROXIMATELY 23.59 ACRES LOCATED
AT 500 WEST TENTH STREET, WEST OF THE ROSANNA STREET
INTERSECTION, APNS 799-31-004 AND 005. PACIFIC MOBILE ESTATES, C/O
JOHN JUROW, APPLICANT.
PASSED AND ADOPTED this 7th day of May, 2007 by the following vote:
A YES: COUNCILMEMBERS: ARELLANO, CORREA, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: BRACCO, GARTMAN, VALIQUETTE
ABSENT: COUNCILMEMBERS: NONE
At 8:37 p.m. Mayor Pinheiro called for a recess, after which he recalled the meeting
to order.
Community Development Block Grant
Public Hearing to consider and adopt changes to the 2005-2010 Consolidated Plan
and the 2005 Action Plan for the Community Development Block Grant (CDBG)
Program.
The staff report was noted and further explained by City Administrator Baksa and
HCD Coordinator Roaf.
Mayor Pinheiro opened the Public Hearing. There being no comment from the
audience, Mayor Pinheiro closed the Public Hearing.
Motion was made by Councilman Bracco, seconded by Councilman Arellano and
carried to adopt changes to the 2005-2010 Consolidated Plan and the 2005 Action Plan
for the Community Development Block Grant (CDBG) Program.
Community Development Block Grant
A continued Public Hearing to consider adoption of the 2007-2008 CDBG funding
allocations (One-Year Action Plan).
The staff report was noted and further explained by City Administrator Baksa.
Mayor Pinheiro opened the Public Hearing. There being no comment from the
audience, Mayor Pinheiro closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Bracco and
carried to adopt Staff recommendations.
Gilroy Unified School District
An Ordinance of the City Council of the City of Gilroy approving application Z 06-15
to change the zoning designation from PF (Public Facility) to Cl (Neighborhood
Commercial) on approximately 2.15 acres located on the northern portion of Brownell
School between Carmel and Hanna Streets, APN 799-20-010. Gilroy Unified School
District (GUSD), applicant.
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Motion was made by Councilman Velasco, seconded by Councilman Arellano and
carried to read the ordinance by title only and waive further reading of the ordinance.
City Clerk Pellin read the ordinance by title only.
Motion was made by Councilman Velasco, seconded by Councilman Arellano and
carried to introduce an ordinance approving Z 06-15.
Mayor Pinheiro recused himself from discussion and vote on the following item due
to business interests with the applicant.
Almeida Construction
A Resolution of the City Council of the City of Gilroy approving TM 06-17, a
Tentative Map to create 22 residential condominiums, and 6 commercial condominiums,
on approximately .41 acres located at 7680 Monterey Street, on the east side of Monterey
south of IOOF Avenue, APNs 841-04-016 and 017. Almeida Mini-Mall c/o Afonso
Almeida, applicant.
The staff memo was noted and further explained by Planner II Polubinsky.
Claret Almeida noted the costs involved with undergrounding the utilities. She
explained that the Code does not require undergrounding of utilities. She noted five other
structures that are being built or were recently built that were not required to underground
the utilities in the rear of the property.
Motion was made by Councilman Velasco, seconded by Councilman Bracco and
carried (Mayor Pinheiro absent) to adopt Resolution No. 2007-42 modifying the approval
of TM 06-17, a Tentative Map to create 22 residential condominiums, and 6 commercial
condominiums, on approximately .41 acres located at 7680 Monterey Street, on the east
side of Monterey south of IOOF Avenue, APNs 841-04-016 and 017. Almeida Mini-
Mall c/o Afonso Almeida, applicant, by modifying condition #84 that the utilities will be
undergrounded from the building to the nearest pole.
RESOLUTION NO. 2007-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 06-17, A TENTATIVE MAP TO CREATE 22 RESIDENTIAL
CONDOMINIUMS, AND 6 COMMERCIAL CONDOMINIUMS, ON
APPROXIMATEL Y .41 ACRES LOCATED AT 7680 MONTEREY STREET, ON
THE EAST SIDE OF MONTEREY SOUTH OF IOOF AVENUE, APNS 841-04-016
AND 017. ALMEIDA MINI-MALL C/O AFONSO ALMEIDA, APPLICANT.
PASSED AND ADOPTED this 7th day of May, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, AND VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
Mayor Pinheiro returned to his seat at the dais.
State/Federal Legislation
Request for support for AB 1244 (Adams) which would allow local jurisdictions to
determine the limited use of "golf carts" or motorized carts on adjacent streets of
retirement communities, colleges and universities, and municipal facilities.
Motion was made by Councilman Gartman, seconded by Councilman Correa and
carried (Councilman Arellano voting no) to send a letter of support for AB 1244.
Oliveri, Sal
Request for a Tentative Map extension for TM 04-13 (Oliveri Subdivision).
The staff report was noted and further explained by Planner II Durkin.
Motion was made by Councilman Bracco, seconded by Councilman Correa and
carried to direct staff to prepare a resolution approving an extension for TM 04-13,
including the amended conditions of approval.
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City Administrator's Report
City Administrator Baksa distributed a report on the housing element to read over the
next couple of weeks.
City Attorney's Report
City Attorney Callon noted that the Garlic Festival won their case with the Hollister
Top Hatters.
Council Members Report
Councilman Bracco stated that this Wednesday is the annual luncheon for the
Exchange Club where they honor their local fire and police employees and that they
would like to invite the public to show their support for their Fire and Police.
Councilman Arellano noted that May is National Bike Month. He encouraged
everyone to use their bikes more and ride their bikes to work. He noted a $1,000.00 grant
available to the community for encouraging support for bicycling in their community.
Councilman Valiquette questioned if the City has taken possession of the Police
Station, and it was noted that it did about three weeks ago.
Councilman Gartman stated that the Memorial Day events are coming up and also
noted that he is looking into the Willey House and the fence. He stated that he will report
back in a couple of weeks.
Mayor's Report
Mayor Pinheiro distributed two versions of signage for the community bus and asked
that Council get back to him with their choice.
He noted that the Willey House will have their grand opening to the public on May
19th and they have asked if the Council will participate by wearing a hat or vest and ties
of the times, and the Council agreed.
He noted that the community should have received in their water bill an invitation to
the grand opening of the downtown from 3:00 to 9:00 p.m. on May 19,2007.
City Council
Request to send a letter regarding installation of the southern air-monitoring station
for Calpine Corporation.
Motion was made by Councilman Correa, seconded by Councilman Bracco and
carried to send a letter regarding installation of the southern air-monitoring station for
Calpine Corporation.
Adjourn to Closed Session Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8
Property: APN 841-04-020, at the southeast corner of IOOF Ave. and Monterey Street
Agency Negotiator: Jay Baksa
Negotiating Parties: City of Gilroy, Jose Montez
Matter Under Negotiation: Price and Acquisition
At 9:32 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 pf
each Councilmember, ifrequired by Government Code Section 54957.1.
Mayor Pinheiro announced that no action had been taken.
*Meeting will be televised on Channel 17
MAY 2007
7 Study Session-Sixth Street Improvements and Downtown Fee Waiver - 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
14*Study Session - Budget - 6:00 p.m., Gilroy City Council Chambers
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17 Joint City Council/Planning Commission Meeting regarding RDO Presentations-
7:00 p.m., Gilroy City Council Chambers
21 Study Session - Discussion with VT A - 6:00 p.m., Gilroy City Council Chambers
21 * Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
22 SCRW A 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 Study Session-Review of the Construction and Demolition Ordinance - 6:00 p.m.,
Gilroy City Council Chambers
11 * Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
18 Regular City Council Meeting - (MOVED TO JUNE 11)
26 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
JULY 2007
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
20 Mini-Policy Summit - 8:00 a.m., Police Department Community Room
24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
AUGUST 2007
6* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
20* Regular City Council Meeting - (CANCELLED)
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
At 9:55 p.m. the Mayor adjourned the meeti~g to the meeting of May 21, 2007.
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/s/ RHONDA PELLIN, MMC
City Clerk