Minutes 2006/05/01
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8514
Regular Meeting
May 1, 2006
Gilroy, California
The Mayor led the Pledge of Allegiance to the flag.
Father Derry, St. Mary's Catholic Church, gave the invocation.
The Mayor announced that the Council had adjourned from a Closed Session
regarding Conference with Labor Negotiator pursuant to Government Code Section
54957.6 and that no action had been taken.
City Clerk Pellin noted that the agenda had been posted on April 26, 2006 at
2:16 p.m.
Roll Call
Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette;
Roland Velasco; Al Pinheiro - 7: 18 p.m.
Orders of the Day
The Mayor announced that Item Y.B. would be continued to May 15, 2006.
Introductions
New employee Tim Shea, Building Inspector I, Community Development
Department was introduced.
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Presentations & Proclamations
The Mayor noted a certificate for retired Building Board of Appeals member
Joe Curro, who was not present to accept the certificate.
The Mayor presented a proclamation for Fitness Month - May, 2006 to Joe Kline,
City of Gilroy WeUness Committee member.
The Mayor noted a presentation by Carol Peters of her original art pieces to the City
of Gilroy.
At 7:34 p.m. the Mayor called for a continuance of the closed session previously held
at 6:00 p.m.
At 7:37 p.m. the Council returned from Closed Session. The Mayor announced that
the Council had adjourned from a Closed Session regarding Conference with Labor
Negotiator pursuant to Government Code Section 54957.6 and that no action had been
taken.
The Youth Commission gave a report on their activities.
Eileen Kopp gave a report on the activities of the Library Commission.
Presentations by members of the public for items not on the agenda, but within the subject matter
jurisdiction of the City Council.
Dave Peoples noted concerns of the downtown business owners regarding the
weekend vandalism within the construction area. He asked that the Council look at
increased surveillance and security, including foot patrols in this area.
Consent Calendar
Motion was made by Councilman Valiquette, seconded by Councilman Correa and
carried to approve the Consent Calendar, removing Item I1I.F. Establishment ofa task
force for the design of the Luchessa Avenue/Thomas Road East Neighborhood District.
Minutes of the Regular Council Meeting of April 17, 2006.
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.
ORDINANCE NO. 2006-09
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.
PASSED AND ADOPTED this 1st day of May, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Resolution of the City Council of the City of Gilroy integrating the National Incident
Management System, to the extent appropriate, into the Emergency Management System.
RESOLUTION NO. 2006-29
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INTEGRATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM, TO THE
EXTENT APPROPRIATE, INTO THE EMERGENCY MANAGEMENT SYSTEM.
PASSED AND ADOPTED this 1st day of May, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
8516
Property Improvement Agreement No. 2006-07, Tract 9783 - Crestwood Manor,
APN: 790-22-074, Albert Fortino & Brenda Fortino, Co-Trustees of the Albert Fortino
Partnership, an Irrevocable Family Trust.
Property Improvement Agreement No. 2006-08, Tract 9756 - Lewis Street
Condominiums Tract Map, APN: 841-05-065, Lewis Street Partners, LLC, A Limited
Liability Company.
Request to establish a task force for the design of the Luchessa A venuelThomas
Road East Neighborhood District.
Motion was made by Councilman Arellano, seconded by Councilman Correa and
carried (Councilman Gartman voting no) to establish a task force for the design of the
Luchessa AvenuelThomas Road East Neighborhood District.
Bids and Proposals
Recommendation to award the bid for the Farrell Avenue Bridge Widening Project
No. 06-CDD-127, to George Bianchi Construction in the amount of$I,168,043.00.
City Administrator Baksa presented a recommendation to award the bid for the
Farrell Avenue Bridge Widening Project No. 06-CDD-127, to George Bianchi
Construction in the amount of$I,168,043.00.
Motion was made by Councilman Arellano, seconded by Councilman Bracco and
carried to award the bid for the Farrell Avenue Bridge Widening Project No. 06-CDD-
127, to George Bianchi Construction in the amount of$I,168,043.00.
Community Development Block Grant
A continued Public Hearing to consider adoption of the 2006-2007 CDBG funding
allocations (One-Year Action Plan).
The Mayor opened the Public Hearing. There being no comments from the audience,
the Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to adopt Staff recommendations.
Glen Loma Group
A continued Public Hearing on a Tentative Map request to subdivide approximately
24.5 acres into 107 single family residential lots at Rancho Hills/Deer Park Phase III, on
property zoned RI-PUD (Single Family Residential-Planned Unit Development), located
at Sunrise Drive and Santa Teresa Boulevard. Glen Lorna Group (c/o John Filice),
applicant, TM 05-02.
Architectural & Site request to allow the construction of 107 single family homes at
Rancho Hills/Deer Park Phase III, on approximately 24.5 acres on property zoned Rl-
PUD (Single Family Residential-Planned Unit Development), located at Sunrise Drive
and Santa Teresa Boulevard. Glen Lorna Group (c/o John Filice), applicant,
A/S-PUD 05-29.
Motion was made by Councilman Valiquette, seconded by Councilman Arellano and
carried to continue TM 05-02 and A/S-PUD 05-29 to May 15, 2006 at the request of the
applicant.
The James Group
Public Hearing on a Zone Change request to change the zoning of 1.4 acres from Rl
(Single Family Residential) to R3-PUD (Medium Density Residential-Planned Unit
Development), located at 9025 Kern Avenue. The James Group, clo James Suner,
applicant, Z 05-17.
Public Hearing on a Tentative Map request to subdivide approximately 1.4 acres into
12 single family residential lots, on property zoned Rl (Single Family Residential)
located at 9025 Kern Avenue. The James Group, do James Suner, applicant, TM 05-15.
8517
Architectural and Site request to allow the construction of 12 single family homes on
property zoned Rl (Single Family Residential), located at 9025 Kern Avenue. The James
Group, clo James Suner, applicant, A/S-PUD 05-64.,
The staff report was noted and further explained by Planner II Durkin.
The Mayor opened the Public Hearing. There being no comments from the audience,
the Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to direct staff to prepare an ordinance approving Z 05-17.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to direct staff to prepare a resolution approving TM 05-15.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to direct staff to prepare a resolution approving A/S 05-64.
South County Housing
An Ordinance of the City Council of the City of Gilroy amending Gilroy Zoning
Ordinance Section 50.61(b)(3) to allow flexibility in the number of units exempted from
the provisions of the Residential Development Ordinance for non-profit developers.
South County Housing (c/o Karen Saunders), applicant, Z 06-01.
Mayor Pinheiro recused himself from discussion and vote on the next three items due
to business interests with the applicant, stepped down from the dais and left the room.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried (Councilmembers Gartman and Velasco voting no and Mayor Pinheiro absent) to
adopt Ordinance No. 2006-10 amending Gilroy Zoning Ordinance Section 50.61(b)(3) to
allow flexibility in the number of units exempted from the provisions of the Residential
Development Ordinance for non-profit developers. South County Housing (c/o Karen
Saunders), applicant, Z 06-01.
ORDINANCE NO. 2006-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING GILROY ZONING ORDINANCE SECTION 50.61(B)(3) TO ALLOW
FLEXIBILITY IN THE NUMBER OF UNITS EXEMPTED FROM THE PROVISIONS
OF THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR NON-PROFIT
DEVELOPERS. SOUTH COUNTY HOUSING (C/O KAREN SAUNDERS),
APPLICANT, Z 06-01.
PASSED AND ADOPTED this 1st day of May, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, AND
VALIQUETTE
NOES: COUNCILMEMBERS: GARTMAN AND VELASCO
ABSENT: COUNCILMEMBERS: PINHEIRO
South County Housing
A Resolution of the City Council of the City of Gilroy approving ARE 06-01, an
application for an Affordable Housing Project Exemption from the Residential
Development Ordinance, APNS 790-06-016, 029, 030, 032, and 033, South County
Housing, applicant.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried (Council members Gartman and Velasco voting no and Mayor Pinheiro absent) to
adopt Resolution No. 2006-30 approving AHE 06-01, an application for an Affordable
Housing Project Exemption from the Residential Development Ordinance, APNS 790-
06-016,029,030,032, and 033, South County Housing, applicant.
RESOLUTION NO. 2006-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING ARE 06-01, AN APPLICATION FOR AN AFFORDABLE HOUSING
PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT
8518
ORDINANCE, APNS 790-06-016, 029, 030, 032, AND 033, SOUTH COUNTY
HOUSING, APPLICANT.
PASSED AND ADOPTED this 1st day of May, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, AND
VALIQUETTE
NOES: COUNCILMEMBERS: GARTMAN AND VELASCO
ABSENT: COUNCILMEMBERS: PINHEIRO
South County Housing
A Resolution of the City Council of the City of Gilroy approving M 06-03 amending
the "RDO Affordable Housing Exemption Procedure" to allow market-rate housing as
part of exempt projects that also provide very low-income housing, South County
Housing, applicant.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried (Council members Gartman and Velasco voting no and Mayor Pinheiro absent) to
adopt Resolution No. 2006-31 approving M 06-03 amending the "RDO Affordable
Housing Exemption Procedure" to allow market-rate housing as part of exempt projects
that also provide very low-income housing, South County Housing, applicant.
RESOLUTION NO. 2006-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING M 06-03 AMENDING THE "RDO AFFORDABLE HOUSING
EXEMPTION PROCEDURE" TO ALLOW MARKET-RATE HOUSING AS PART OF
EXEMPT PROJECTS THAT ALSO PROVIDE VERY LOW-INCOME HOUSING,
SOUTH COUNTY HOUSING, APPLICANT.
PASSED AND ADOPTED this 1 st day of May, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, AND
VALIQUETTE
NOES: COUNCILMEMBERS: GARTMAN AND VELASCO
ABSENT: COUNCILMEMBERS: PINHEIRO
Mayor Pinheiro returned to his seat at the dais.
Eagle Ridge Homeowners Association
An Ordinance of the City Council of the City of Gilroy making certain findings and
declarations pursuant to Section 21107.6 of the California Vehicle Code, authorizing the
City's Police Department to enforce the provisions of the Vehicle Code on Club Drive
from Santa Teresa Boulevard to the Eagle Ridge Golf Course Driveway, and establishing
a speed limit of thirty (30) miles per hour thereon. Vote of 4-3 (Councilmembers Bracco,
Gartman, and Valiquette voting no] to direct staff to introduce an ordinance authorizing
the Police Department to enforce the provisions of the Vehicle Code on a portion of Club
Drive. )
Motion was made by Councilman Correa, seconded by Councilman Velasco and
carried (Council members Bracco, Gartman, and Valiquette voting no) to adopt Ordinance
No. 2006-11 making certain findings and declarations pursuant to Section 21107.6 of the
California Vehicle Code, authorizing the City's Police Department to enforce the
provisions of the Vehicle Code on Club Drive from Santa Teresa Boulevard to the Eagle
Ridge Golf Course Driveway, and establishing a speed limit of thirty (30) miles per hour
thereon.
ORDINANCE NO. 2006-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
MAKING CERTAIN FINDINGS AND DECLARATIONS PURSUANT TO SECTION
21107.6 OF THE CALIFORNIA VEIDCLE CODE, AUTHORIZING THE CITY'S
POLICE DEPARTMENT TO ENFORCE THE PROVISIONS OF THE VEIDCLE
CODE ON CLUB DRIVE FROM SANTA TERESA BOULEV ARD TO THE EAGLE
RIDGE GOLF COURSE DRIVEWAY, AND ESTABLISHING A SPEED LIMIT OF
THIRTY (30) MILES PER HOUR THEREON.
PASSED AND ADOPTED this 1st day of May, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO CORREA, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: BRACCO, GARTMAN, AND VALIQUETTE
ABSENT: COUNCILMEMBERS: NONE
8519
Silicon Valley South Technology Park
Request for a Tentative Map Extension for TM 01-04 (Filice Subdivision).
The staff report was noted and further explained by Planner II Casper.
Motion was made by Councilman Gartman, seconded by Councilman Valiquette and
carried to direct staff to prepare a resolution approving the Tentative Map extension.
City of Gilroy - Ordinance Codification
An Ordinance of the City Council of the City of Gilroy amending Chapter 1 of the
Gilroy City Code entitled "General Provisions" by adding new sections 1.8 through 1.12,
entitled "Tort Claim Filing Requirements."
The staff report was noted and further explained by City Attorney Callon.
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.
The City Clerk read the ordinance by title only.
Motion was made by Councilman Velasco, seconded by Councilman Arellano and
carried to introduce an Ordinance of the City Council of the City of Gilroy amending
Chapter 1 of the Gilroy City Code entitled "General Provisions" by adding new sections
1.8 through 1.12, entitled "Tort Claim Filing Requirements."
City Administrator's Report
City Administrator Baksa noted two training sessions in Hollister on Wednesday on
Harassment in the Workplace and mandatory training on AB 1234. He distributed
information on the training classes.
Council Members Report
Councilman Arellano thanked Gilroy Honda for putting on SafeKids including
instructions on child seatbelts and fingerprinting and photographing children. He noted
the proclamation for fitness month, noting that he attended a Healthy Communities
conference this morning. He stated that we need to make our community more healthy.
He gave information to staff for review regarding making Gilroy a healthier community.
It was noted that this would be discussed at the next City Council mini~Policy Summit.
He stated that the City needs to do something about the overpass on Tenth Street, that
citizens are walking over it, and we need to complete a sidewalk.
Councilman Velasco stated that when the paperwork is ready for the affordable
housing workshop, that he would like it given to the City Council ahead of time. He
asked if it is possible to have a closed session on gang activity. He stated that if it can't
be done in closed session, that we need to have a presentation in open session. City
Administrator Baksa said that he would add it to the May 22nd study session at 6:00 p.m.
Councilman Gartman noted the upcoming Memorial Day activities. He asked
citizens to mark May 29th on their calendars for this event. He asked how Santa Teresa
is progressing and was told that there will be a meeting on May 15th with Granite
Construction. City Administrator Baksa stated that he would put out a report after the
meeting.
Mayor's Report
The Mayor thanked staff for all the work at Christmas Hill Park for Earth Day. He
noted that Honda was there with hybrid cars. He reminded everyone of the Wednesday
meeting on affordable housing and that May 8th is the budget workshop.
*Meeting will be televised on Channel 17
MAY 2906
1 Closed Session. 6:00 p.m., Gilroy City Council Chambers
1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
3 Joint City Council/Planning Commission Affordable Housing Workshop - 6:00 p.m.,
Gilroy Senior Center Meeting Room
8*Budget Workshop - 6:00 p.m., Gilroy City Council Chambers
9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
15 Study Session - EI Rancho San Benito - 6:00 p.m., Gilroy City Council Chambers
8520
15* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22 Interviews-Board/Committee/Commission-6:00 p.m., Gilroy City Council
Chambers
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
JUNE 2006
5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12 Study Session - Unreinforced Masonry Buildings - 6:00 p.m. Gilroy City Council
Chambers
12*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
(rescheduled from June 19,2006)
13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
JULY 2006
3*Regular City Council Meeting - (CANCELLED)
11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
14 Mini-Policy Summit - 8:00 a.m., Corporation Yard Meeting Room, 613 Old Gilroy
Street
17* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
At 8:52 p.m. the Mayor adjourned the meeting to the meeting of May 15, 2006.
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Isl RHONDA PELLIN, CMC
City Clerk