Minutes 2005/10/03
8433
Regular Meeting
October 03,2005
Gilroy, California
Mayor Protempore Gartman led the Pledge of Allegiance to the flag.
There was no invocation given.
The City Clerk noted that the agenda had been posed on September 28, 2005 at
1:10 p.m.
Roll Call
Present: Paul Correa; Robert T. Dillon; Charles S. Morales; Russ Valiquette;
Roland Velasco; Craig Gartman / Absent: Al Pinheiro 7:00 p.m.
Orders of the Day
Mayor Protempore Gartman stated that this meeting will be adjourned in memory of
"The Gilroy Cowboy" George Archer.
Introductions
New Employee, Joel Casey, Community Service Officer, Police Department,
was introduced.
Presentations & Proclamations
Mayor Protempore Gartman presented a proclamation for the Pacific Gas & Electric
Company Centennial- October 10, 2005 to Teresa A. Alvarado.
Mayor Protempore Gartman presented the Volunteer of the Month of April, 2005
award to Glenn V onderworth.
Mayor Protempore Gartman noted a Certificate of Recognition for Denise R.
Dromensk, 2005 Teacher of the Year for Gilroy, which was previously presented to her.
Mayor Protempore Gartman noted a proclamation for the 59th Anniversary of the
Founding of the Italian Republic - September 30,2005, which was previously presented
to the recipient.
Mayor Protempore Gartman presented the Employee Award for the Month of
September, 2005 to Melissa Durkin, Planner II, Community Development Department.
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 (Mayor Pinheiro absent) to approve the Consent Calendar, with a minor change to
Item III.B., page 3 Sec. 6.1 #H to add the word "Code" at the end of the line.
Minutes of the Regular Council Meeting of September 19,2005.
An Ordinance of the City Council of the City of Gilroy adopting the 2005 California
Energy Code and updating Section 6.1 of Chapter 6 of the Gilroy City Code to reflect
adoption of the California Construction Codes and certain uniform construction codes.
ORDINANCE NO. 2005-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING THE 2005 CALIFORNIA ENERGY CODE AND UPDATING SECTION
6.1 OF CHAPTER 6 OF THE GILROY CITY CODE TO REFLECT ADOPTION OF
THE CALIFORNIA CONSTRUCTION CODES AND CERTAIN UNIFORM
CONSTRUCTION CODES.
PASSED AND ADOPTED this 3rd day of October, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE,
VELASCO, and GARTMAN
8434
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
Recommendation to Approve Budget Amendments/Transfers.
A Resolution of the City Council of the City of Gilroy approving an amendment to
RD 01-07 to allocate 38 patio home units in place of80 apartment units previously
approved under the Residential Development Ordinance, APN 808-01-012, Orchard
Valley Communities, applicant.
RESOLUTION NO. 2005-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN AMENDMENT TO RD 01-07 TO ALLOCATE 38 PATIO HOME
UNITS IN PLACE OF 80 APARTMENT UNITS PREVIOUSLY APPROVED UNDER
THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 808-01-012, ORCHARD
V ALLEY COMMUNITIES, APPLICANT.
PASSED AND ADOPTED this 3rd day of October, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, Dll.LON, MORALES, VALIQUETTE,
VELASCO, and GARTMAN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
A Resolution of the City Council of the City of Gilroy approving TM 05-07 A, a
Tentative Map to subdivide an approximately 4.9 acre site into 39 lots comprised of38
residential patio home lots and I lot for common areas on the north side of Cypress Court
west of Juniper Drive, APN 808-01-012, Orchard Valley Communities, applicant.
RESOLUTION NO. 2005-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 05-07 A, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 4.9 ACRE SITE INTO 39 LOTS COMPRISED OF 38
RESIDENTIAL PATIO HOME LOTS AND 1 LOT FOR COMMON AREAS ON THE
NORTH SIDE OF CYPRESS COURT WEST OF JUNIPER DRIVE, APN 808-01-012,
ORCHARD VALLEY COMMUNITIES, APPLICANT.
PASSED AND ADOPTED this 3rd day of October, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE,
VELASCO, and GARTMAN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
A Resolution of the City Council of the City of Gilroy approving A/S-PUD 05-15, an
application for Architectural and Site approval of a Planned Unit Development (PUD) for
the second phase of a mixed-use development, which phase includes construction of 38
patio homes and a common area with amenities on the north side of Cypress Court west
of Juniper Drive, APN 808-01-012, Orchard Valley Communities, applicant.
RESOLUTION NO. 2005-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S-PUD 05-15, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR THE
SECOND PHASE OF A MIXED-USE DEVELOPMENT, WHICH PHASE INCLUDES
CONSTRUCTION OF 38 PATIO HOMES AND A COMMON AREA WITH
AMENITIES ON THE NORTH SIDE OF CYPRESS COURT WEST OF JUNIPER
DRIVE, APN 808-01-012, ORCHARD V ALLEY COMMUNITIES, APPLICANT.
PASSED AND ADOPTED this 3rd day of October, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE,
VELASCO, and GARTMAN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
8435
A Resolution of the City Council of the City of Gilroy approving TM 05-08, a
Vesting Tentative Map to create nine industrial condominiums in an existing building at
7500 Arroyo Circle, APN 841-69-018, Glen Lorna Group, applicant.
RESOLUTION NO. 2005-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 05-08, A VESTING TENTATIVE MAP TO CREATE NINE
INDUSTRIAL CONDOMINIUMS IN AN EXISTING BUILDING AT 7500 ARROYO
CIRCLE, APN 841-69-018, GLEN LOMA GROUP, APPLICANT.
PASSED AND ADOPTED this 3rd day of October, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE,
VELASCO, and GARTMAN
NOES: GOUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
A Resolution of the City Council of the City of Gilroy approving TM 05-10, a
Vesting Tentative Map to create twelve (12) residential condominiums and six (6)
commercial condominiums at 7598 Monterey Street, APN 841-05-065, Lewis Street
Partners (c/o Mark Hewell), applicant.
RESOLUTION NO. 2005-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 05-10, A VESTING TENTATIVE MAP TO CREATE TWELVE
(12) RESIDENTIAL CONDOMINIUMS AND SIX (6) COMMERCIAL
CONDOMINIUMS AT 7598 MONTEREY STREET, APN 841-05-065, LEWIS
STREET PARTNERS (C/O MARK HEWELL), APPLICANT.
PASSED AND ADOPTED this 3rd day of October, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE,
VELASCO, and GARTMAN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
A Resolution of the City Council of the City of Gilroy approving SPE 05-01, an
application for a Small Project Exemption from the Residential Development Ordinance
for 11 Single-Family Residential units on a 1.5-acre site zoned Rl (Single Family
Residential) located at 9025 Kern Avenue, APN 790-04-090, The James Group c/o James
Suner, applicant.
RESOLUTION NO. 2005-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SPE 05-01, AN APPLICATION FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR 11
SINGLE-FAMILY RESIDENTIAL UNITS ON A 1.5-ACRE SITE ZONED Rl
(SINGLE FAMILY RESIDENTIAL) LOCATED AT 9025 KERN AVENUE, APN 790-
04-090, THE JAMES GROUP C/O JAMES SUNER, APPLICANT.
PASSED AND ADOPTED this 3rd day of October, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE,
VELASCO, and GARTMAN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
Property Improvement Agreement No. 2005-19, Calpine Gilroy Cogen, L.P.,
Construction of Water Distribution System, 1400 Pacheco Pass Highway,
APN: 841-17-092.
The James Group
An Ordinance of the City Council of the City of Gilroy approving an application for a
change in zoning designation from Al (Agricultural) to RI-PUD (Single Family
Residential- Planned Unit Development) on an approximately two (2) acre site located at
the terminus of Foxglove Court, at the northwest corner of Santa Teresa Boulevard and
Thomas Road, APN 808-20-003, The James Group, applicant, Z 05-03.
8436
Motion was made by Councilman Dillon, seconded by Councilman Valiquette and
carried (Mayor Pinheiro absent) 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 Valiquette, seconded by Councilman Dillon and
carried (Mayor Pinheiro absent) to introduce an Ordinance of the City Council of the City
of Gilroy approving an application for a change in zoning designation from Al
(Agricultural) to RI-PUD (Single Family Residential- Planned Unit Development) for
Z 05-03.
Silicon Valley South Technology Park
Request for a Tentative Map Extension for TM 01-04.
The staff report was noted and further explained by Planner II Casper.
Motion was made by Councilman Morales, seconded by Councilman Valiquette and
carried (Mayor Pinheiro absent) to direct staff to prepare a resolution approving the
Tentative Map extension.
Mills Act
Request to allow properties located at 391 Fifth Street (Kathleen 1. Hodgdon,
applicant, MA 05-01) and 575 Fifth Street (Lester Johnson, applicant, MA 05-02) to enter
into a Mills Act property tax relief contract with the City of Gilroy.
The staff report was noted and further explained by Planner II Durkin.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried (Mayor Pinheiro absent) to approve entering into a Mills Act property tax relief
contract with the City of Gilroy, Kathleen 1. Hodgdon, applicant, MA 05-01, subject to
two conditions.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried (Mayor Pinheiro absent) to approve entering into a Mills Act property tax relief
contract with the City of Gilroy, Lester Johnson, applicant, MA 05-02, subject to two
conditions.
American Red Cross
Request for Financial Assistance jointly from the City of San Jose, American Red
Cross, and the County of Santa Clara for Hurricane Katrina Disaster relief efforts.
The staff report was noted and further explained by the City Administrator.
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried (Council members Dillon and Gartman voting no and Mayor Pinheiro absent) to
approve sending $23,835.50 for assistance to Hurricane Katrina evacuees that have been
evacuated to Santa Clara County that have met all of the criteria of the request letter.
City Administrator's Report
The City Administrator noted the homebuyer assistance program for school district
employees and public employees and commented that staff found that, after review, there
were legal problems with that program. He eXplained that the program that evolved out
of that will be a first time home buyers program that will include a number of affordable
groupings that does make it legal, and does include public employees, but is not for
public employees only. He distributed a document on this new program.
Council Members Report
Councilman Morales stated that he attended the 56th anniversary of the Peoples
Republic of China, celebrating their independence, representing the City of Gilroy. He
also noted that he and several other Council members will attend the League of California
Cities Conference in San Francisco the end of this week.
Mayor's Report
Mayor Protempore Gartman noted an invitation to Eliot Elementary School
dedication ceremony on Friday, October 21st at 1:30 p.m.
*Meeting will be televised on Channel 17
8437
OCTOBER 2005
3 Study Session - Downtown Streetscape - 6:00 p.m., Gilroy City Council Chambers
3* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
10 Joint City Council/Planning 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
14 City Council Mini-Retreat - 8:00 a.m., Gilroy City Council Chambers
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
NOVEMBER 2005
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
18 Joint City Council/Police Department/Fire Department Mini-Retreat - 8:00 a.m.,
location to be determined
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
DECEMBER 2005
5* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12 Interviews for Boards/Commissions/Committees - 6:00 p.m., Gilroy City Council
Chambers
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
Adjournment
At 7:35 p.m. the Mayor Protempore adjourned the meeting to the meeting of
October 17, 2005 in memory of "The Gilroy Cowboy" George Archer.
__~iAL'=-U::.~LL(.L\______
/s/ RHONDA PELLIN, CMC
City Clerk