Minutes 2005/08/01
8416
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Regular Meeting
August 01, 2005
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
There was no invocation given.
The City Clerk noted that the agenda had been posted on July 27,2005 at 2:35 p.m.
Roll Call
Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales;
Russ Valiquette; Roland Velasco; Al Pinheiro.
8417
Orders of the Day
Mayor Protempore Gartman presented the Mayor a birthday cupcake and "Happy
Birthday" was sung to him.
Introductions
Introduction of Sister City representatives.
Mayor Pinheiro welcomed our Sister City representatives.
The Mayor presented gifts, introduced our Sister City representatives, and received
giftslcomments by our Sister City representatives from Takko Machi, Japan; Koror,
Republic of Palau; Tecate, Mexico; and Angra do Heroismo, Portugal.
At 6:02 p.m. the Mayor called for a recess, after which he recalled the meeting to
order.
Presentations & Proclamations
The Mayor noted a Certificate of Recognition for James Gasser from the South
County Regional Wastewater Authority Board of Directors upon his retirement, which
was previously presented to the recipient.
The Mayor continued the presentation for the Volunteer of the Month of April, 2005
award to Glenn Vonderworth to September 19, 2005.
The Mayor noted a proclamation for Stepfamily Day - September 16, 2005, which
was previously mailed to the recipient.
Bruce Williams, Parks and Recreation Commission, introduced other members of the
Commission present and 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 presentations by the public.
Consent Calendar
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried to approve the Consent Calendar, pulling Item IILA. Resolution declaring
intention to sell property at 7610 Monterey Street for a separate vote.
Minutes of the Regular Council Meeting of July 18, 2005.
A Resolution of the City Council of the City of Gilroy approving TM 05-06, a
Vesting Tentative Map to subdivide an existing 56 unit apartment complex into 56
condominium units located at 8340 Kern Avenue, APN 790-22-074, Albert Fortino,
applicant.
RESOLUTION NO. 2005-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 05-06, A VESTING TENTATIVE MAP TO SUBDIVIDE AN
EXISTING 56 UNIT APARTMENT COMPLEX INTO 56 CONDOMINIUM UNITS
LOCATED AT 8340 KERN AVENUE, APN 790-22-074, ALBERT FORTINO,
APPLICANT.
PASSED AND ADOPTED this 1st day of August, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A Resolution of the City Council of the City of Gilroy approving A/S 05-13, an
application for Architectural and Site approval of a Planned Unit Development (PUD) to
modify an existing 56-unit apartment complex (Crestwood Manor) to allow for the
conversion to 56 condominium units located at 8340 Kern Avenue, APN 790-22-074,
Albert Fortino, applicant.
8418
RESOLUTION NO. 2005-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 05-13, AN APPLICATION FOR ARCHITECTURAL AND SITE
APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) TO MODIFY AN
EXISTING 56-UNIT APARTMENT COMPLEX (CRESTWOOD MANOR) TO
ALLOW FOR THE CONVERSION TO 56 CONDOMINIUM UNITS LOCATED AT
8340 KERN AVENUE, APN 790-22-074, ALBERT FORTINO, APPLICANT.
PASSED AND ADOPTED this 1 st day of August, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
An Ordinance of the City Council of the City of Gilroy approving application Z 02-01
to pre-zone to M1 (Limited Industrial) approximately 53.38 acres located at the northeast
corner of Las Animas Avenue and Monterey Street, APNs 835-05-005, -006, -007, -008
and -009, Augustine Melia, applicant.
ORDINANCE NO. 2005-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING APPLICATION Z 02-01 TO PRE-ZONE TO Ml (LIMITED
INDUSTRIAL) APPROXIMATELY 53.38 ACRES LOCATED AT THE NORTHEAST
CORNER OF LAS ANIMAS AVENUE AND MONTEREY STREET, APNS 835-05-
005, -006, -007, -008 AND -009, AUGUSTINE MELIA, APPLICANT.
PASSED AND ADOPTED this 1st day of August, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Approval of the Downtown Specific Plan Water Supply Assessment, as required by
Senate Bill 610.
Recommendation to Approve Budget AmendmentslTransfers.
Property Improvement Agreement No. 2005-12, Tract 9473, Country Estates ill,
Crest Hill Way, APN: 783-47-004, 783-46-010, Gilroy Country Oaks Estates LLC.
Property Improvement Agreement No. 2005-16, Tract 9686, Portmarnock Court at
Eagle Ridge, Eagle Ridge Development Company LLC, Shapell Industries, Inc., APN:
810-40-005,810-56-021, 810-56-022, 810-57-017 and 10-57-019.
Property Improvement Agreement No. 2005-17, Tract 9701 - Creekside at Eagle
Ridge, APN: 810-20-016, Eagle Ridge Development Company, LLC.
A Resolution of the City Council of the City of Gilroy making certain findings and
approving the reorganization of territory designated "Las Animas-Cohansey
Reorganization No. 01-01," property located at the northeast corner of Las Animas
Avenue and Monterey Street and consisting of approximately 52.27 acres (APNs 835-05-
005, 835-05-006, 835-05-007, 835-05-008 and 835-05-009), and approving detachment
of said territory from the County of Santa Clara, South Santa Clara County Fire District
and Santa Clara County Open Space Authority.
RESOLUTION NO. 2005-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING
CERTAIN FINDINGS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "LAS ANIMAS-COHANSEY REORGANIZATION NO.
01-01," PROPERTY LOCATED AT THE NORTHEAST CORNER OF LAS ANIMAS
AVENUE AND MONTEREY STREET AND CONSISTING OF APPROXIMATELY
52.27 ACRES (APNS 835-05-005, 835-05-006, 835-05-007, 835-05-008 AND 835-05-S009), AND APPROVING DETACHMENT OF SAID TERRITORY FROM THE
COUNTY OF SANTA CLARA, SOUTH SANTA CLARA COUNTY FIRE DISTRICT
AND SANTA CLARA COUNTY OPEN SPACE AUTHORITY.
8419
PASSED AND ADOPTED this 1 st day of August, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS:NONE
Approval of a Council policy establishing the effective date for qualification for fee
eliminations.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to adopt a Resolution of the City Council of the City of Gilroy declaring its
intention to sell the property owned by the City of Gilroy, located at 7610 Monterey
Street, Gilroy, California.
Steve Ashford stated that he understood the process and would speak to Community
Development Director Rooney.
RESOLUTION NO. 2005-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING ITS INTENTION TO SELL THE PROPERTY OWNED BY THE CITY
OF GILROY, LOCATED AT 7610 MONTEREY STREET, GILROY, CALIFORNIA.
PASSED AND ADOPTED this 1 st day of August, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
The Mayor recused himself from discussion and vote on the following item due to
business interests with the applicant, stepped down from the dais and left the room.
Almeida, Monso
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried (Mayor Pinheiro absent) to adopt Resolution No. 2005-58 approving SPE 04-07,
an application for a Small Project Exemption from the Residential Development
Ordinance for 12 downtown units in addition to 12 units previously approved for the
project, APNs 841-04-016 and 017, AImeida Mini-Mall clo Monso Almeida, applicant.
RESOLUTION NO. 2005-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SPE 04-07, AN APPLICATION FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR 12
DOWNTOWN UNITS IN ADDITION TO 12 UNITS PREVIOUSLY APPROVED FOR
THE PROJECT, APNS 841-04-016 AND 017, ALMEIDA MINI-MALL C/O AFONSO
ALMEIDA, APPLICANT.
PASSED AND ADOPTED this 1 st day of August, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE,
VELASCO, and GARTMAN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
The Mayor returned to his seat at the dais.
Councilman Velasco stated that he had not reviewed the tape from July 18, 2005 and
therefore would not be voting on the following item.
City of Gilroy - Zoning Ordinance
Motion was made by Councilman Morales, seconded by Councilman Valiquette and
carried (Councilman Velasco absent) to adopt Ordinance No. 2005-19 amending the
Gilroy Zoning Ordinance Section 2.2, "Definitions," and Section 39.30, "Accessory
Structures in Residential Zones," to regulate membrane accessory structures, City of
Gilroy, applicant, Z 05-05.
8420
ORDINANCE NO. 2005-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE GILROY ZONING ORDINANCE SECTION 2.2, "DEFINITIONS,"
AND SECTION 39.30, "ACCESSORY STRUCTURES IN RESIDENTIAL ZONES,"
TO REGULATE MEMBRANE ACCESSORY STRUCTURES, CITY OF GILROY,
APPLICANT, Z 05-05.
PASSED AND ADOPTED this 1st day of August, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Condominiums
Motion was made by Councilman Valiquette, seconded by Councilman Morales and
carried (Councilman Velasco voting no) to adopt Resolution No. 2005-59 approving M
05-07, an application for approval of modifications to the City of Gilroy Residential
Condominium Conversion Policy to better protect an adequate supply of rental housing
units.
RESOLUTION NO. 2005-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING M 05-07, AN APPLICATION FOR APPROVAL OF MODIFICATIONS
TO THE CITY OF GILROY RESIDENTIAL CONDOMINIUM CONVERSION
POLICY TO BEITER PROTECT AN ADEQUATE SUPPLY OF RENTAL HOUSING
UNITS.
PASSED AND ADOPTED this 1 st day of August, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, and PINHEIRO
NOES: COUNCILMEMBERS: VELASCO
ABSENT: COUNCILMEMBERS: NONE
CommissionsIBoards
Email of resignation from Stephanie Orth, Youth Commission member, effective
July 21,2005.
Motion was made by Councilman Dillon, seconded by Councilman Valiquette and
carried to accept the resignation with regrets and include this vacancy in the current
recruitment/application period.
League of California Cities
Request for designation of voting delegate and alternate for the 2005 League Annual
Conference.
Motion was made by Councilman Valiquette, seconded by Mayor Pinheiro and
carried to appoint Councilman Morales as the voting delegate and Councilman Gartman
as the alternate for the 2005 League Annual Conference.
Glen Lorna Group
Request for a Tentative Map Extension for TM 01-06 (Schaal Subdivision).
The staff report was noted and further explained by the City Administrator.
Motion was made by Councilman Dillon, seconded by Councilman Correa and
carried to direct staff to prepare a resolution approving the Tentative Map extension.
City Administrator's Report
The City Administrator distributed a list of the units still available for downtown.
Council Members Report
Councilmembers all wished the Mayor a Happy Birthday.
8421
Mayor's Report
The Mayor thanked the Councilmembers for being at the meeting and asked everyone
to join him at the Lodge for the farewell dinner for the Sister City representatives and
stated that he appreciated their support.
Adjourn to Closed Session
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Negotiators: LeeAnn McPhillips, Charles Sakai, Jeffrey Sloan
Employee Organizations: Gilroy POA, IAFF Local 2805
Adjourn to Open Session
There was no reportable action taken in Closed Session.
*Meeting will be televised on Channel 17
AUGUST 2005
I Study Session - Bicycle Facility Master Plan - 4:00 p.m., City Council Chambers
1 *Regular City Council Meeting - 5:00 p.m., Gilroy City Council Chambers (NOTE
START TIME CHANGE)
4*Special City Council Meeting - 6:00 p.m., Gilroy City Council Chambers (A Closed
Session will be held prior to the start of the Special Meeting.)
9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy - (CANCELLED)
11 * Special City Council Meeting - 6:00 p.m., Gilroy City Council Chambers (A Closed
Session will be held prior to the start of the Special Meeting.)
15*Regular City Council Meeting - (CANCELLED)
23 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy - (CANCELLED)
SEPTEMBER 2005
5 Regular City Council Meeting-{HAS BEEN MOVED TO SEPTEMBER 12, 2005)
12*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers (NOTE
DATE CHANGE)
13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
OCTOBER 2005
3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 Joint City CouncilJPlanning Commission Study Session - Downtown Specific Plan -
6:00 p.m., Gilroy City Council Chambers
11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
24 Joint City Council/Planning Commission Study Session-Cannery Project Master Plan
- 6:00 p.m., Gilroy City Council Chambers
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
At 6:32 p.m. the Mayor adjourned the meeting to the meeting of September 12, 2005
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Isl RHONDA PELLIN, CMC
City Clerk