Minutes 2006/08/07
8551
Regular Meeting
August 07,2006
Gilroy, California
Mayor Protempore Bracco announced that the Council had adjourned from a Closed
Session regarding Conference with Labor Negotiator pursuant to Government Code
Section 54957.6 I Conference with Legal Counsel - Existing Litigation pursuant to
Government Code Section 54956.9(a) I and Conference with Legal Counsel- Anticipated
Litigation pursuant to Government Code Section 54956.9(b) and that no action had been
taken.
Mayor Protempore Bracco led the Pledge of Allegiance to the flag.
Pastor Bruce Rowlison, Gilroy Presbyterian Church, gave the invocation.
City Clerk Pellin noted that the agenda had been posted on August 2, 2006 at
11:55 a.m.
Roll Call
Present: Peter Arellano; Paul Correa; Craig Gartman; Russ Valiquette;
Roland Velasco~ Dion Bracco I Absent: AI Pinheiro - 7:30 p.m.
Orders of the Day
Mayor Protempore Bracco announced that Consent Calendar Item III.I. would be
continued and reagendized.
Introductions
The following new employees were introduced: Juan Moreno, Custodian,
Administrative Services Department; Christina Turner, Assistant Finance Director,
Administrative Services Department; and Carlos Torres, Permit Technician, Community
Development Department. Luis Urenda, Maintenance Worker Assistant, Community
Services Department was not present and his introduction will be reagendized.
Presentations & Proclamations
Mayor Protempore Bracco presented the Employee Award for the Month of July,
2006 to Regina Adams-Brisco, Housing Planner I, Community Development
Department.
Mayor Protempore Bracco presented the Volunteer of the Month of May, 2006 award
to Eric Ortega.
Mayor Protempore Bracco presented the Volunteers of the Month of June, 2006
award to Patrick Balfe & Tina Riley.
Mayor Protempore Bracco presented the Team of the Month Award to Pat Bentson,
Rosemary Guerrero, Susan Johnson (not present), Cindy Murphy, and Karen Pogue.
Mayor Protempore Bracco noted a presentation and update by the HCP/NCCP
(Habitat Conservation Plan/Natural Community Conservation Plan) Liaison Group.
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 Correa, seconded by Councilman Arellano and
carried (Mayor Pinheiro absent) to approve the Consent Calendar, removing Item III.C.
Automatic salary increase for Mayor and Councilmembers~ Item III.H. Approval of the
Concept Plan for the Las Animas Veterans Park Master Plan Update~ Item III.!.
Resolution approving a one-year extension for TM 01-06; and III.J. Cancellation of the
September 11, 2006 City Council meeting.
Minutes of the Regular Council Meeting of July 17,2006.
Recommendation to Approve Budget Amendments/Transfers.
8,552
Request for Acceptance ofImprovements, Tract No. 9619, The Forest, Phase III at
Winter Green Court, A.P.N. 783-03-045,050 & 055, Glen Loma Group.
Request to appoint members to the Luchessa Avenue Master Plan Task Force.
Property Improvement Agreement No.: 2006-14, Holloway Parcel Map, Joe A.
Rocha & Victoria M. Rocha.
Property Improvement Agreement No.: 2006-13, Tract 9570 - McCarthy Business
Park, APN: 841-17-093, McCarthy Gilroy, LLC, A California Limited Liability
Company.
City of Gilroy - Employee Pay Plan
Confirming the automatic salary increase for Mayor to $1059.00 per month and for
Councilmembers to $706.00 per month.
Motion was made by Councilman Gartman, seconded by Councilman Correa and
carried (Mayor Pinheiro absent) confirming the automatic salary increase for Mayor to
$1059.00 per month and for Council members to $706.00 per month.
Las Animas Veterans Parks
Approval of the Concept Plan and Conceptual Phasing Plan for the Las Animas
Veterans Park Master Plan Update, pending CEQ A review and completion of the Master
Plan Update report and direct staff to proceed with CEQA review of the Concept Plan for
the Las Animas Veterans Park Master Plan Update, incorporating the City Council
comments.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried (Mayor Pinheiro absent) to approve the Concept Plan and Conceptual Phasing
Plan for the Las Animas Veterans Park Master Plan Update, pending CEQA review and
completion of the Master Plan Update report and direct staff to proceed with CEQA
review of the Concept Plan for the Las Animas Veterans Park Master Plan Update,
incorporating the City Council comments.
Glen Lorna Group
A Resolution of the City Council of the City of Gilroy approving a one-year
extension for TM 01-06, a Tentative Map to subdivide an approximately 10.6 acre site
into 11 Hillside Residential lots located on the west side of Rancho Hills Drive at the
terminus of Valley Oaks Court, APN 783-21-061.
This item will be reagendized for action at a future meeting.
City of Gilroy - City Council
Recommendation to cancel the September 11,2006 City Council meeting.
Motion was made by Councilman Gartman, seconded by Councilman Valiquette and
carried (Mayor Pinheiro absent) to cancel the September 11, 2006 City Council meeting
and set a joint City Council/Planning Commission mini-Policy Summit in place of the
regular meeting.
Bids and Proposals
Fire Department
Recommendation to award a tag-on bid for one (1) Type-4 Fire Apparatus, to Hi-
Tech Emergency Vehicle Service, Inc. in the amount of$173,305.00.
City Administrator Baksa presented a recommendation to award a tag-on bid for one
(1) Type-4 Fire Apparatus, to Hi-Tech Emergency Vehicle Service, Inc. in the amount of
$173,305.00.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried (Mayor Pinheiro absent) to award a tag-on bid for one (1) Type-4 Fire Apparatus,
to Hi-Tech Emergency Vehicle Service, Inc. in the amount of$173,305.00.
8553
City of Gilroy - Zoning Ordinance
A continued Public Hearing on a Zoning Ordinance amendment of Section
50.62(b)(2) to restrict Small Project Exemptions to 12-units, with limited exceptions. City
of Gilroy, applicant, Z 06-06.
The staff report. was noted and further explained by City Administrator Baksa and
Planner II Durkin.
Mayor Protempore Bracco opened the Public Hearing. There being no comments
from the audience, Mayor Protempore Bracco closed the Public Hearing.
Motion was made by Councilman Arellano, seconded by Councilman Bracco and
carried (Councilmembers Gartman and Valiquette voting no and Mayor Pinheiro absent)
to direct staff to prepare an ordinance approving Z 06-06, removing the proposed addition
f to Section 50.62(b)(1) of the Zoning Ordinance.
Motion was made by Councilman Gartman, seconded by Councilman Velasco and
carried (Mayor Pinheiro absent) to allow all projects that have currently submitted a
Small Project Exemption application to follow the current rules and to apply the new
rules to any new applications.
Augustine Melia
Public Hearing on a request to cancel an existing Williamson Act Contract that is in a
non-renewal status on approximately 26 acres located at 315 Las Animas Avenue,
between Monterey Road and Highway 101. Augustine Melia, clo Lee Weider, applicant,
M 05-14.
Motion was made by Councilman Correa, seconded by Councilman Valiquette and
carried (Mayor Pinheiro absent) to continue M 05-14 to the meeting of September 18,
2006 due to continuance at the Planning Commission.
Glen Lorna Group
Public Hearing on a Tentative Map request to sub-divide approximately 5.4 acres into
6 single family residential lots, on property zoned RH (Residential Hillside), located at
the terminus of Verbena Court (The Forest). The Forest, LLC, c/o Tim Filice, applicant,
TM 06-02.
The staff report was noted and further explained by Planner II Durkin.
Mayor Protempore Bracco opened the Public Hearing.
Amanda Wilson, representing the applicant, stated that she was present to answer any
questions.
Mayor Protempore Bracco closed the Public Hearing.
Motion was made by Councilman Arellano, seconded by Councilman Correa and
carried (Mayor Pinheiro absent) to direct staff to prepare a resolution approving
TM 06-02.
City of Gilroy - Zoning Ordinance
An Ordinance of the City Council of the City of Gilroy amending Gilroy Zoning
Ordinance Section 41, Performance Standards, to incorporate noise standards consistent
with requirements of the General Plan. City of Gilroy, applicant, Z 06-05.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried (Mayor Pinheiro absent) to continue this item to September 18, 2006.
Hewell and Sheedy
An Ordinance of the City Council of the City of Gilroy approving application Z 05-16
for a change in zoning designation from R1 (Single Family Residential) to RI-PUD
(Single Family Residential-Planned Unit Development) on approximately 0.85 acres
located at 9050 Church Street, APN 790-14-097. Hewell and Sheedy, Inc., applicant.
8554
Motion was made by Councilman Correa, seconded by Councilman Gartman and
carried (Mayor Pinheiro absent) to adopt Ordinance No. 2006-16 approving application Z
05-16 for a change in zoning designation from Rl (Single Family Residential) to R1-
PUD (Single Family Residential-Planned Unit Development) on approximately 0.85
acres located at 9050 Church Street, APN 790-14-097. Hewell and Sheedy, Inc.,
applicant.
ORDINANCE NO. 2006-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING APPLICATION Z 05-16 FOR A CHANGE IN ZONING DESIGNATION
FROM R1 (SINGLE FAMILY RESIDENTIAL) TO R1-PUD (SINGLE FAMILY
RESIDENTIAL-PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 0.85
ACRES LOCATED AT 9050 CHURCH STREET, APN 790-14-097. HEWELL AND
SHEEDY, INC., APPLICANT.
PASSED AND ADOPTED THIS 7TH DAY OF AUGUST, 2006 BY THE
FOLLOWING VOTE:
AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND BRACCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
Gilroy Unified School District
An Ordinance of the City Council of the City of Gilroy approving Z 06-07 amending
Gilroy Zoning Ordinance Section 50.63 to establish an exemption from annual numerical
limits of the Residential Development Ordinance for School District properties in special
circumstances.
Motion was made by Councilman Arellano, seconded by Councilman Correa 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 Velasco, seconded by Councilman Arellano and
carried (Councilman Gartman voting no and Mayor Pinheiro absent) to introduce an
Ordinance of the City Council of the City of Gilroy approving Z 06-07.
Hewell and Sheedy
A Resolution of the City Council of the City of Gilroy approving TM 05-14, a
Tentative Map to subdivide an approximately 0.85-acre parcel into six residential lots and
a private park site located at 9050 Church Street, APN 790-14-097, Hewell and Sheedy,
Inc, applicant.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried (Mayor Pinheiro absent) to adopt Resolution No. 2006-58 approving TM 05-14, a
Tentative Map to subdivide an approximately 0.85-acre parcel into six residential lots and
a private park site located at 9050 Church Street, APN 790-14-097, Hewell and Sheedy,
Inc, applicant.
RESOLUTION NO. 2006-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 05-14, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 0.85-ACRE PARCEL INTO SIX RESIDENTIAL LOTS AND A
PRIVATE PARK SITE LOCATED AT 9050 CHURCH STREET, APN 790-14-097,
HEWELL AND SHEEDY, INC, APPLICANT.
PASSED AND ADOPTED THIS 7TH DAY OF AUGUST, 2006 BY THE
FOLLOWING VOTE:
AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND BRACCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
8555
Hewell and Sheedy
A Resolution of the City Council of the City of Gilroy approving A/S 06-03, an
application for Architectural and Site approval of a Planned Unit Development (PUD) for
a six-lot single-family subdivision on approximately 0.85 acres located at 9050 Church
Street, APN 790-14-097, Hewell and Sheedy, Inc., applicant.
Motion was made by Councilman Correa, seconded by Councilman Valiquette and
carried (Mayor Pinheiro absent) to adopt Resolution No. 2006-59 approving A/S 06-03,
an application for Architectural and Site approval of a Planned Unit Development (PUD)
for a six-lot single-family subdivision on approximately 0.85 acres located at 9050
Church Street, APN 790-14-097, Hewell and Sheedy, Inc., applicant.
RESOLUTION NO. 2006-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 06-03, AN APPLICATION FOR ARCHITECTURAL AND SITE
APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A SIX-LOT
SINGLE-FAMILY SUBDIVISION ON APPROXIMATELY 0.85 ACRES LOCATED
AT 9050 CHURCH STREET, APN 790-14-097, HEWELL AND SHEEDY, INe.,
APPLICANT.
PASSED AND ADOPTED THIS 7TH DAY OF AUGUST, 2006 BY THE
FOLLOWING VOTE:
AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND BRACCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
PSI Development Company
A Resolution of the City Council of the City of Gilroy approving GPA 05-03, a
General Plan Amendment request to change the land use designation from Low-Density
Residential to Medium-Density Residential on approximately 1.97 acres located at 9060
and 9070 Kern Avenue, north ofMantelli Drive, APN 790-18-015 and -017, PSI
Development Company, 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. 2006-60 approving GP A 05-03, a General Plan Amendment request
to change the land use designation from Low-Density Residential to Medium-Density
Residential on approximately 1.97 acres located at 9060 and 9070 Kern Avenue, north of
Mantelli Drive, APN 790-18-015 and -017, PSI Development Company, applicant.
RESOLUTION NO. 2006-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING GP A 05-03, A GENERAL PLAN AMENDMENT REQUEST TO
CHANGE THE LAND USE DESIGNATION FROM LOW-DENSITY RESIDENTIAL
TO MEDIUM-DENSITY RESIDENTIAL ON APPROXIMATELY 1.97 ACRES
LOCATED AT 9060 AND 9070 KERN A VENUE, NORTH OF MANTELLI DRIVE,
APN 790-18-015 AND -017, PSI DEVELOPMENT COMPANY, APPLICANT.
PASSED AND ADOPTED THIS 7TH DAY OF AUGUST, 2006 BY THE
FOLLOWING VOTE:
AYES: COUNCILMEMBERS: ARELLANO, CORREA, VALIQUETTE, AND
BRACCO
NOES: COUNCILMEMBERS: GARTMAN AND VELASCO
ABSENT: COUNCILMEMBERS: PINHEIRO
PSI Development Company
An Ordinance of the City Council of the City of Gilroy approving application Z 05-12
to change the zoning designation from R1 (Single-Family Residential) to R3-PUD
(Medium-Density Residential- Planned Unit Development) on approximately 1.97 acres
located at 9060 and 9070 Kern Avenue, north of Mantelli Drive, APN 790-18-015 and -
017, PSI Development Company, applicant.
Motion was made by Councilman Arellano, seconded by Councilman Correa 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.
8556
Motion was made by Councilman Arellano, seconded by Councilman Correa and
carried (Councilmembers Gartman and Velasco voting no and Mayor Pinheiro absent) to
introduce an Ordinance of the City Council of the City of Gilroy approving Z 05~12.
City of Gilroy - Building Codes
An Ordinance of the City Council of the City of Gilroy adopting the 2000 Edition of
the Uniform Fire Code, Volumes 1 and 2, with amendments to the 2001 California Code
of Regulations Title 24, Part 9, and amending Section 10.9 of Chapter 10 of the Gilroy
City Code.
The staff report was noted and further explained by City Administrator Baksa.
Motion was made by Councilman Arellano, seconded by Councilman Correa 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 Arellano, seconded by Councilman Correa and
carried (Mayor Pinheiro absent) to introduce an Ordinance ofthe City Council of the City
of Gilroy adopting the 2000 Edition of the Uniform Fire Code, Volumes 1 and 2, with
amendments to the 2001 California Code of Regulations Title 24, Part 9, and amending
Section 10.9 of Chapter 10 of the Gilroy City Code.
Commissions/Boards
Resignation from Housing Advisory Committee member, Erika Duitman.
Motion was made by Councilman Gartman, seconded by Councilman Valiquette and
carried (Mayor Pinheiro absent) to accept the resignation with regrets.
Motion was made by Councilman Gartman, seconded by Councilman Arellano and
carried (Mayor Pinheiro absent) to appoint Mary Ellison as the Renter Representative.
Appointment of Ken Tanaka to the City of Gilroy Personnel Commission.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried (Mayor Pinheiro absent) to appoint Ken Tanaka to the City of Gilroy Personnel
Commission.
City Administrator's Report
City Administrator Baksa distributed information on the Unreinforced Masonry
Ordinance and requested the Council review the information during the August recess as
it will be on the September 18, 2006 agenda. He stated that he met with the County
Librarian and Lani Yoshimura regarding the library and possibly reconvening the Library
Task Force. He noted that it is difficult to get citizens to apply for the board and
commission openings and requested the Council start talking to people now and
encouraging them to apply.
City Attorney's Report
Discussion of establishing a City Council Policy regarding disclosure of ex parte
contacts regarding agenda items.
City Attorney Faber explained the request.
Motion was made by Councilman Arellano, seconded by Councilman Velasco and
carried (Council members Gartman and Valiquette voting no and Mayor Pinheiro absent)
to adopt the Policy.
Council Members Report
Councilman Arellano asked if anyone could attend a Calpine grant meeting at 10:00
a. m. tomorrow and Councilman Gartman said that he could attend for him. He
questioned whether anything could be done with the old WalMart site as it is blighted and
City Administrator Baksa stated that staff will look into it.
Councilman Gartman noted the discussion of the proposed mall in the newspaper,
stating his concern that the Council did not know anything of the discussions. He asked
that for the October mini- policy summit that there be an agenda item as to how
information is disseminated to the Council in a timely manner. He stated that he had a
great time at the Garlic Festival and gave a hats off for another great Festival.
8557
*Meeting will be televised on Channel 17
AUGUST 2006
7 Closed Session - 6:00 p.m., Gilroy City Council Chambers
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
SEPTEMBER 2006
11 * Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
12 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
18 Study Session - Downtown Art - 6:00 p.m., Gilroy City Council Chambers
18* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
OCTOBER 2006
2* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
24 SCRW A Meeting - 7 :30 a.m., 1500 Southside Drive, Gilroy
Adjournment
At 9:32 p.m. the Mayor Protempore adjourned the meeting to the meeting of
September 18, 2006. &- . )~. . . . . ,.). . .
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_._~~~~~.~~--_._~~~~-~,,~~.~--
Is! RHONDA PELLIN, CMC
City Clerk