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.
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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
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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.
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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.
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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.
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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
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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~
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.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