Loading...
Minutes 2006/06/05 Regular Meeting June 05, 2006 Gilroy, California The Mayor led the Pledge of Allegiance to the flag. Pastor Gerald Harris, Bethany Church of God, gave the invocation. City Clerk PeUin noted that the agenda had been posted on May 31,2006 at 3:22 p.m. Roll Call Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette; Roland Velasco (arrived 7:09 p.m.); AI Pinheiro ~ 7:01 p.m. Orders of the Day There were no changes to the agenda. Introductions The following promoted employee was introduced: Robert Basuino, Police Officer, Police Department. The following new employee was introduced: Kristy Stotler, Accounting Assistant I, Administrative Services Department. Paula Soto, Office Assistant I, Community Development Department was not present for introduction. Presentations & Proclamations The Mayor presented the Employee Award for the Month of May, 2006 to Rick Smelser, City Engineer, Community Development Department. The Mayor noted Certificates of Recognition for Jeff Gains, Stephen Branvold, and Josh Mirelez upon their achievement of the rank of Eagle Scout, which were previously presented to the recipients. The Mayor noted Certificates of Recognition for Mayra Cervantes and Karlie Sandoval upon receiving the 2006 Ronald McDonald House Charities Scholarship, which were previously presented to the recipients. The Mayor noted a proclamation for the 60th Anniversary of the Founding of the Italian Republic - June 2, 2006, which was previously mailed to the recipient. The Mayor noted a presentation to the Gilroy Fire Stations of their certificates as Green Businesses. Presentations by members of the public for items not on the agenda, but within the subject matter jurisdiction of the City Council. 8527 Jeanie Romanoff spoke regarding issues!problems relating to the Pacific Mobile Estates. She asked for help to oversee the sale and conversion of rental property to that of a subdivision. Teresa Stefanisio spoke on specific issues relating to the Pacific Mobile Estates regarding water and sewer issues. Audrey Hubbard noted her concerns with the telephone lines and wanted to know who would be responsible for the repairs. Sandra Henaghan stated that she has lived in the Pacific Mobile Estates for 20 years, originally when it was a seniors only park, and now has evolved to a multi-age community. She noted problems with noise and stated that she would like the City Council to pass an ordinance and enforce it regarding stereo noises. She also commented on the speeding in the park. She stated her concerns with the sale of the park and noted that she is worried that the new owners will increase the rents to pay for the increased mortgage. City Attorney Callon gave an overview of the process for condominium conversion, noting that the State is the major player and that the City will pass this information on to the State. Consent Calendar Councilman Velasco announced that he watched the proceedings from the May 15, 2006 meeting regarding the Cannery Project and will be voting on that issue only from that meeting. Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried (Councilman Velasco absent) to approve the Consent Calendar. Minutes of the Regular Council Meeting of May 15, 2006. Property Improvement Agreement No.: 2006-06, Tract 9797 - Sherwood Estates, APN: 841-02-009, Sherwood Estates, LLC, A California Limited Liability Company. An Ordinance of the City Council of the City of Gilroy approving application Z 05-17 for a change in zoning designation from R1 (Single Family Residential) to RJ/PUD (Medium Density ResidentiallPlanned Unit Development) on approximately 1.45 acres located at 9025 Kern Avenue, north ofMantelli Drive, APN 790-04-090. The James Group, applicant. ORDINANCE NO. 2006-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 05-17 FOR A CHANGE IN ZONING DESIGNATION FROM R1 (SINGLE FAMILY RESIDENTIAL) TO RJ/PUD (MEDIUM DENSITY RESIDENTIAUPLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 1.45 ACRES LOCATED AT 9025 KERN A VENUE, NORTH OF MANTELLI DRIVE, APN 790-04-090. THE JAMES GROUP, APPLICANT. PASSED AND ADOPTED this 5th day of June, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO A Resolution of the City Council of the City of Gilroy approving TM 05-15, a Tentative Map to create twelve (12) residential lots, a private park site, and a private street on approximately 1.45 acres at 9025 Kern Avenue, north ofMantelli Drive, APN 790-04-090. The James Group, applicant. RESOLUTION NO. 2006-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 05-15, A TENTATIVE MAP TO CREATE TWELVE (12) RESIDENTIAL LOTS, A PRIVATE PARK SITE, AND A PRIVATE STREET ON 8528 APPROXIMATELY 1.45 ACRES AT 9025 KERN AVENUE, NORTH OF MANTELLI DRIVE, APN 790-04-090. THE JAMES GROUP, APPLICANT. PASSED AND ADOPTED this 5th day of June, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO A Resolution of the City Council of the City of Gilroy approving A/S 05-64, an application for Architectural and Site approval of a Planned Unit Development (PUD) for a twelve-lot single-family subdivision located at 9025 Kern Avenue, north ofMantelli Drive, APN 790-04-090. The James Group, applicant. RESOLUTION NO. 2006-35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING NS 05-64, AN APPLICATION FOR ARCHITECTURAL AND SITE APPRO V AL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A TWELVE-LOT SINGLE-FAMILY SUBDIVISION LOCATED AT 9025 KERN AVENUE, NORTH OF MANTELLI DRIVE, APN 790-04-090. THE JAMES GROUP, APPLICANT. PASSED AND ADOPTED this 5th day of June, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO Economic Incentive Program revisions for Wage and Benefit Package, Small Business/Commercial Center Incentive, and a requirement for a Financial Analysis. Approval of agreements for the Countywide AB 939 Implementation Fee and the Household Hazardous Waste Fee. Glen Lorna 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 R1-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. The staff report was noted and further explained by Planner II Durkin. The Mayor opened the Public Hearing. John Donohoe, on behalf of the development group, noted that they do not have any more to add, but clarified that the lots fronting Sunrise Drive are 144' deep. He stated that there is a lot of room in the middle of the lot in case the future property owner would like to do something with the property. The Mayor closed the Public Hearing. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried to direct staff to prepare a resolution approving TM 05-02. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried to direct staff to prepare a resolution approving NS-PUD 05-29. South County Housing Public Hearing on a Tentative Map request to sub-divide 12.84 acres into 78 commercial and residential lots, on property zoned Cannery District, located at 111 Lewis Street (old cannery). South County Housing, clo Nancy Wright, applicant, TM 05-03. 8529 Architectural & Site request to allow the construction of a commercial and residential mixed use complex, on property zoned Cannery District, located at 111 Lewis Street (old cannery). South County Housing, c/o Nancy Wright, applicant, A/S-PUD 05-02. Mayor Pinheiro recused himselffrom discussion and vote on this item due to business interests with the applicant, stepped down from the dais and left the room. The staff report was noted and further explained by Planner II Polubinsky, noting two additional conditions regarding street width and that the naming of the street will go back to the Street Naming Committee. Mayor Protempore Valiquette opened the Public Hearing. Jan Lindenthal thanked the City Council for the opportunity to work out the issues on this project with staff. Mayor Protempore Valiquette closed the Public Hearing. Motion was made by Councilman Arellano, seconded by Councilman Bracco and carried (Councilman Velasco voting no and Mayor Pinheiro absent) to approve the Mitigated Negative Declaration, with the attached 20 mitigation measures, finding that (a) it is completed in compliance with CEQ A, (b) it reflects the independent judgment of the City; and ( c) there is no substantial evidence that the project will have a significant effect on the environment. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Councilman Velasco voting no and Mayor Pinheiro absent) to direct staff to prepare a resolution approving TM 05-03, subject to 22 conditions. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Councilman Velasco voting no and Mayor Pinheiro absent) to direct staff to prepare a resolution approving A/S-PUD 05-02. Mayor Pinheiro returned to his seat at the dais. Weed Abatement A Public Hearing to consider annual destruction or removal of weeds and/or refuse constituting a public nuisance in the City of Gilroy. The Mayor opened the Public Hearing. There being no comments from the audience, the Mayor closed the Public Hearing. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried to adopt Resolution No. 2006-36 instructing the Fire Chief to abate the nuisance arising out of weeds growing upon lots or in front of properties in the City. RESOLUTION NO. 2006-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE FIRE CHIEF TO ABATE THE NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE ACCUMULATING UPON PROPERTY IN THE CITY OF GILROY, PURSUANT TO SECTION 12.51 OF THE GILROY CITY CODE. PASSED AND ADOPTED this 5th day of June, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Garlic Festival Association A Resolution of the City Council of the City of Gilroy approving TM 06-04, a Tentative Map to create twenty-four residential condominiums and eight commercial condominiums on approximately 0.46 acres located at 7600 Monterey Street, APN 841-04-007. Garlic Festival clo Jeff Martin, applicant. Councilman Velasco recused himself from discussion and vote on the next two items, as he did not review the tape from the May 15, 2006 meeting regarding this issue. 8530 Motion was made by Councilman Arellano, seconded by Councilman Bracco and carried (Councilman Velasco absent) to adopt Resolution 2006-37 approving TM 06-04, a Tentative Map to create twenty-four residential condominiums and eight commercial condominiums on approximately 0.46 acres located at 7600 Monterey Street, APN 841-04-007. Garlic Festival c/o Jeff Martin, applicant. RESOLUTION NO. 2006-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 06-04, A TENTATIVE MAP TO CREATE TWENTY-FOUR RESIDENTIAL CONDOMINIUMS AND EIGHT COMMERCIAL CONDOMINIUMS ON APPROXIMA TEL Y 0.46 ACRES LOCATED AT 7600 MONTEREY STREET, APN 841-04-007. GARLIC FESTIVAL CIO JEFF MARTIN, APPLICANT. PASSED AND ADOPTED this 5th day of June, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO McCarthy Gilroy A Resolution of the City Council of the City of Gilroy approving A/S 06-01, an application for Architectural and Site approval of a Planned Unit Development (PUD) for an approximately 153,494 square foot shopping center and office complex located on approximately 15.8 acres at the southeast and southwest corners of Highway 152 and Cameron Boulevard, APN 841-17-093. McCarthy Gilroy, LLC clo Joey McCarthy, applicant. City Administrator Baksa questioned the City Council's intent regarding the readerboard sign. Planner II Durkin reviewed outstanding questions regarding the readerboard and distributed information from the City of San Carlos. Motion was made by Councilman Gartman, seconded by Councilman Correa and carried (Councilman Arellano voting no and Councilman Velasco absent) to require the develop to monitor the usage of the readerboard sign with 1 % of the time dedicated to non-profit events and to allow the City to advertise City events at any time. Motion was made by Councilman Valiquette, seconded by Councilman Bracco and carried (Councilman Arellano voting no and Councilman Velasco absent) to adopt Resolution No. 2006-38 approving A/S 06-01, an application for Architectural and Site approval of a Planned Unit Development (PUD) for an approximately 153,494 square foot shopping center and office complex located on approximately 15.8 acres at the southeast and southwest corners of Highway 152 and Cameron Boulevard, APN 841-17- 093. McCarthy Gilroy, LLC clo Joey McCarthy, applicant. RESOLUTION NO. 2006-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 06-01, AN APPLICATION FOR ARClllTECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR AN APPROXIMATELY 153,494 SQUARE FOOT SHOPPING CENTER AND OFFICE COMPLEX LOCATED ON APPROXIMATELY 15.8 ACRES AT THE SOUTHEAST AND SOUTHWEST CORNERS OF lllGHWAY 152 AND CAMERON BOULEVARD, APN 841-17-093. MCCARTHY GILROY, LLC C/O JOEY MCCARTHY, APPLICANT. PASSED AND ADOPTED this 5th day of June, 2006, by the following vote: AYES: COUNCILMEMBERS: BRACCO, CORREA, GARTMAN, VALIQUETTE, AND PINHEIRO NOES: COUNCILMEMBERS: ARELLANO ABSENT: COUNCILMEMBERS: VELASCO CommissionsIBoards Resignation from Personnel Commission member, Janis Beatty. 8531 Motion was made by Councilman Valiquette, seconded by Councilman Arellano and carried to accept the resignation with regrets and include the opening in the current recruitment. Recommendation to remove Ashley Miller from the Public Art Committee. Motion was made by Councilman Valiquette, seconded by Councilman Bracco and carried to approve the removal and include the opening in the current recruitment. City of Gilroy - Fireworks An Emergency Ordinance of the City Council of the City of Gilroy amending Chapter lOA of the Gilroy City Code entitled "Fireworks" regulating the sale, use and storage of safe and sane fIreworks. The staff report was noted and further explained by City Administrator Baksa and Fire Marshal Bretschneider. Gene Della Maggiore, sales representative for T & T Fireworks, thanked the City Council for allowing them to sell safe & sane fIreworks. He stated that he would like to see the $100 fee be set higher for a first offense. Motion was made by Councilman Valiquette, seconded by Councilman Gartman and carried to adopt Emergency Ordinance No. 2006-14 amending Chapter lOA of the Gilroy City Code entitled "Fireworks" regulating the sale, use and storage of safe and sane fireworks. ORDINANCE NO. 2006-14 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER lOA OF THE GILROY CITY CODE ENTITLED "FIREWORKS" REGULATING THE SALE, USE AND STORAGE OF SAFE AND SANE FIREWORKS. PASSED AND ADOPTED this 5th day of June, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE City of Gilroy - Fireworks An Ordinance of the City Council of the City of Gilroy amending Chapter lOA of the Gilroy City Code entitled "Fireworks" regulating the sale, use and storage of safe and sane fireworks. . Motion was made by Councilman Velasco, seconded by Councilman Gartman 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 Gartman, seconded by Councilman Valiquette and carried to introduce an Ordinance of the City Council of the City of Gilroy amending Chapter lOA of the Gilroy City Code entitled "Fireworks" regulating the sale, use and storage of safe and sane fireworks. CommissionsIBoards Resignation from Arts and Culture Commission member, Kirsten Carr. Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried to accept the resignation with regrets and include the opening in the current recruitment. City Administrator's Report Discussion of possible City Council direction on the 2006 Residential Development Ordinance (ROO) competition. City Administrator Baksa discussed the use of the current RDO rating scale for the 2006 RDO competition for the remaining 191 units. He questioned whether the City 8532 Council wanted to set direction on their preference to narrow down points of emphasis for the 2006 applicants. Tim Day, Planning Commission Chairman, stated that the Planning Commission did not stonewall or avoid this, noting that they have worked on it for three months. He stated that the Planning Commission made a recommendation of denial for use of the new RDO process as they wanted time to do it correctly. Motion was made by Mayor Pinheiro, seconded by Councilman Gartman and carried (Councilman Arellano voting no) to leave the rating scale as it is for the 2006 competition to include four points of interest for developers to use to compete for the 191 units to include 1) infill, 2) units needed to complete a project, 3) that the project is closer to the center of the City, and 4) need to complete a specific infrastructure project, and to schedule a study session with the Planning Commission or appoint a Task Force to work on the point system. City Administrator Baksa stated that they had met with Granite Construction on the Santa Teresa Boulevard issue and that they are working on an agreement to have Granite start work by the end of this week, with completion scheduled in 2-3 weeks. Council Members Report Councilman Bracco requested a letter be sent to the owners of the old Indian Motorcycle plant for them to clean it up. Councilman Arellano noted that the American Cancer Society Relay for Life event will be held this Saturday in Gilroy. He also noted that this is National Men's Health Month. Councilman Correa asked everyone to get out and exercise their right to vote tomorrow. Councilman Valiquette requested that during the League of California Cities Conference in September, that the City of Gilroy delegation visit our Sister City of Tecate, Mexico. Mayor Pinheiro stated that he was already working on this to see if they would prefer the City to visit before or after the conference. Councilman Gartman thanked everyone who participated in the Memorial Day parade and event. He requested a joint study session with the Planning Commission be scheduled on the RDO scoring system and the parameters to be used. Mayor's Report The Mayor thanked Councilman Gartman for the great Memorial Day event. He asked the City Council to recruit for applicants for various boards and commission openings. He reminded everyone of the meeting tomorrow with the Planning Commission and the Gilroy Unified School District. He reminded everyone of the Wednesday night public budget presentation. He also noted the study session on June 12th regarding unreinforced masonry buildings. *Meeting will be televised on Channel 17 JUNE 2006 5* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 6 Joint City Council/Planning Commission/Gilroy Unified School District Board of Education Workshop on Christopher High School-7:00 p.m., Gilroy City Council Chambers 7* Public Budget Presentation - 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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy I~ 8533 .fUL Y 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 Study Session - Sprinkler Ordinance - 6:00 p.m., Gilroy City Council Chambers 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 AU':;UST 2006 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 21 Regular City Council Meeting - (CANCELLED) . 22 SCRW A Meeting - 7 :30 a.m., 1500 Southside Drive, Gilroy Adjournment At 9:48 p.m. the Mayor adjourned the meeting to the meeting of June 12, 2006. _~~~~JL__._._. Is! RHONDA PELLIN, CMC City Clerk