Minutes 2006/12/18
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8589
Regular Meeting
December 18, 2006
Gilroy, California
Mayor Pinheiro led the Pledge of Allegiance to the flag.
No invocation was given.
Mayor Pinheiro announced that the Council had adjourned from a Closed Session
regarding Conference with Legal Counsel - Anticipated Litigation and Conference with
Labor Negotiators pursuant to Government Code Sections 54956.9(b)(3)(C) and Section
54957.6 and that no action had been taken.
City Clerk Pellin noted that the agenda had been posted on December 13, 2006
at 10:22 a.m.
Roll Call
Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette;
Roland Velasco; Al Pinheiro - 7:00 p.m.
Orders of the Day
There were no changes to the agenda.
Presentations & Proclamations
Mayor Pinheiro presented the Employee Award for the Month of December, 2006 to'
Kurt Ashley, Police Sergeant, Police Department.
Mayor Pinheiro presented the Team of the Month Award to Arlene Jeske,
Christina Turner, Joe Hall, and Rosemary Guerrero.
The Youth Commission gave a report on their activities and introduced themselves.
Presentations by members of the public for items not on the agenda, but within the subject matter
jurisdiction of the City Council.
Nikki Pritchart and Jose Martinez of the Coalition Against Teen Tobacco spoke on
the issue of teen use of tobacco.
Consent Calendar
Motion was made by Councilman Bracco, seconded by Councilman Arellano and
carried to approve the Consent Calendar.
Minutes of the Regular Council Meeting of December 4,2006.
Recommendation to Approve Budget Amendments/Transfers.
Approval of a 4% increase in compensation for the City Administrator.
A Resolution of the City Council of the City of Gilroy, California, submitting a report
in compliance with Government Code Section 53411 for the following District:
Community Facilities District 2000-1, Highway 152, Special Tax Bonds, Series 2002.
8590
RESOLUTION NO. 2006-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY,
CALIFORNIA, SUBMITTING A REPORT IN COMPLIANCE WITH GOVERNMENT
CODE SECTION 53411 FOR THE FOLLOWING DISTRICT: COMMUNITY
F ACIUTIES DISTRICT 2000-1 , HIGHWAY 152, SPECIAL TAX BONDS, SERIES
2002.
PASSED AND ADOPTED this 18th day of December, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQlJETTE, VELASCO, .~1\ID PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Resolution of the City Council of the City of Gilroy identifying regional
transportation priorities as: State Route 152 between State Route 16 and US. 10 1, State
Route 156 between The Alameda and Union Road, and State Route 25 between San
Felipe Road and US. 101.
RESOLUTION NO. 2006-78
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
IDENTIFYING REGIONAL TRANSPORTATION PRIORITIES AS: STATE ROUTE
152 BETWEEN STATE ROUTE 16 AND US. 101, STATE ROUTE 156 BETWEEN
THE ALAMEDA AND UNION ROAD, AND STATE ROUTE 25 BETWEEN SAN
FELIPE ROAD AND US. 101.
PASSED AND ADOPTED this 18th day of December, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, A.ND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Ronan Avenue Investors
Public Hearing on a Zone Change request to rezone 4.38 acres from Al (Agriculture)
to Rl (Single Family Residential), located on Ronan Avenue at the western terminus of
Brosque and Brazos Streets. Ronan Avenue Investors (c/o Michael McDermott),
applicant, Z 06-17.
Public Hearing on a Tentative Map request to create 18 residential lots on
approximately 4.38 acres, zoned R1 (Single Family Residential), located on Ronan
Avenue at the western terminus of Bosque and Brazos Streets. Ronan Avenue Investors
(c/o Michael McDermott), applicant, TM 06-08.
The staff report was noted and further explained by Planning Division Manager Faus.
Mayor Pinheiro opened the Public Hearing. There being no comments from the
public, Mayor Pinheiro closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to direct staff to prepare an ordinance approving Z 06-17.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to direct staff to prepare a resolution approving TM 06-08.
Miraflores Homes
Public Hearing on a General Plan Amendment to change the designation of3.74 acres
from Low Density Residential to Medium Density Residential on property located at
9130 & 9160 Kern Avenue. 9130 Kern Avenue LLC (c/o Sal Akhter), applicant,
GP A 06-01.
Public Hearing on a Zone Change request to rezone approximately one (1) ace from
R 1 (Single Family Residential), to R3-PUD (Medium Density Residential-Planned Unit
Development), located at 9130 & 9160 Kern Avenue. 9130 Kern Avenue LLC (c/o Sal
Akhter), applicant, Z 06-04.
8591
Public Hearing on a Tentative Map request to subdivide 3.74 acres into 53 single
family residential lots on property zoned Rl & R3-PUD (Single Family Residential &
Medium Density Residential-Planned Unit Development), located at 9130 & 9160 Kern
Avenue. 9130 Kern Avenue LLC (c/o Sat Akhter), applicant, TM 06-03.
Architectural & Site request to allow the construction of 53 single family homes, on
property zoned Rl (Single Family Residential), located at 9130 & 9160 Kern Avenue.
9130 Kern Avenue LLC (c/o Sal Akhter), applicant, A/S 06-09.
The staff report was noted and further explained by Planner II Durkin.
Mayor Pinheiro stated that he called the applicant today and noted that the applicant
sent him a packet of information.
Councilman Bracco stated that he talked to the applicant today.
Councilman Gartman stated that he also talked to the applicant.
Mayor Pinheiro opened the Public Hearing.
Sal Akhter reviewed the project noting the concerns that he heard from the
Councilmembers.
George Eshoo, attorney and investor in this project, stated that the City encourages
BMR units and they are not asking for any favors.
Victor R. Akyles, owner of a lot near this project, noted that he is in favor of this
request.
Mayor Pinheiro closed the Public Hearing.
Motion was made by Councilman Arellano, seconded by Councilman Correa and
carried (Councilmembers Velasco and Pinheiro voting no) to approve the Mitigated
Negative Declaration, with the attached 13 mitigated measures, finding that (a) it is
completed in compliance with CEQA; (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 (Council members Valiquette, Velasco, and Pinheiro voting no) to direct staff to
prepare a resolution approving GP A 06-01.
Motion was made by Councilman Arellano, seconded by Councilman Correa and
carried (Councilmembers Valiquette, Velasco, and Pinheiro voting no) to direct staff to
prepare an ordinance approving Z 06-04.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried (Council members Valiquette, Velasco, and Pinheiro voting no) to direct staff to
prepare a resolution approving TM 06-03.
Motion was made by Councilman Arellano, seconded by Councilman Correa and
carried (Council members Valiquette, Velasco, and Pinheiro voting no) to direct staff to
prepare a resolution approving A/S 06-09.
Glen Loma Group
Public Hearing on a Tentative Map request to subdivide 70.7 acres into 71 single
family residential lots on property zoned RI-RH-PD (Single Family Residential-Hillside
Residential-Planned Unit Development), located on the Westside of Rancho Hills Drive
at Longmeadow Drive. Glen Loma Group (c/o John Filice), applicant, TM 05-01.
The staff report was noted and further explained by Planner II Durkin.
Mayor Pinheiro opened the Public Hearing.
John Donahoe, spoke in favor of the request on behalf of the applicant.
8592
Rod Pharis displayed pictures of the area of the project. He noted concerns with the
height of the homes in the area.
Mayor Pinheiro closed the Public Hearing.
Councilman Velasco recused himself from discussion and vote on this issue, due to
financial interests in the area, stepped down from the dais, and left the room.
Motion was made by Councilman Arellano, seconded by Councilman Bracco and
carried (Councilman Velasco absent) to approve the Mitigated Negative Declaration,
with the attached 13 mitigated measures, finding that (a) it is completed in compliance
with CEQA; (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 absent) to direct staff to prepare a resolution approving
TM 05-01.
Councilman Velasco returned to his seat at the dais.
Hecker Pass Specific Plan
Public Hearing on a General Plan Text Amendment to the Hecker Pass Specific Plan.
Hecker Pass Property Owners (c/o Jim Hoey), applicant, GP A 06-02.
Public Hearing on a Architectural & Site request to approve the Master Infrastructure
Plan for the Hecker Pass Specific Plan. Hecker Pass Property Owners (c/o Jim Hoey),
applicant, NS 05-54.
Development Agreement between Hecker Pass Property Owners and the City of
Gilroy. Hecker Pass Property Owners (c/o Jim Hoey), applicant, M 05-05.
The staff report was noted and further explained by Planner II Durkin.
Mayor Pinheiro opened the Public Hearing.
Joel Goldsmith stated this is a culmination of a lot of people who have done a lot of
hard work.
Edwin Diaz, Superintendent of Gilroy Unified School District, spoke regarding the
Hecker Pass Development Agreement and the need to provide school facilities for Gilroy.
He noted his concern with the three year acceleration.
Rob Oneto, Hecker Pass property owners, noted that this project is fully mitigated
under CEQA. He reviewed the history of the project and the approvals that have
occurred.
Bob Weiss stated that it creates a better building flow with the ability to accelerate the
project.
Amanda Wilson, Hanna & Brunetti representing The Forest, adjacent to the project,
noted and read a condition regarding negotiations for providing for an easement for the
backbone infrastructure. It was explained that this easement can be provided.
Mayor Pinheiro closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to approve the Mitigated Negative Declaration for GP A 06-02, with the attached I
mitigated measure, finding that (a) it is completed in compliance with CEQA; (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 Velasco, seconded by Councilman Correa and
carried to direct statfto prepare a resolution approving GPA 06-02.
8593
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to approve the Mitigated Negative Declaration for A/S 05-54, with the attached 4
mitigated measures, finding that (a) it is completed in compliance with CEQA; (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 Velasco, seconded by Councilman Valiquette and
carried to direct staff to prepare a resolution modifying A/S 05-54 with an additional
condition regarding providing an easement for the backbone infrastructure, and changes
to conditions # 11, #29, and #40.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to direct staff to prepare a resolution approving M 05-05.
De Nova Homes
Public Hearing on a Vesting Tentative Map request to subdivide 62.38 acres into 87
single family residential lots on property zoned Hecker Pass Special Use District, located
in the Hecker Pass Specific Plan area, just east ofBonfante Gardens. De Nova Homes
(c/o Bob Weiss), applicant, TM 05-13.
Architectural & Site request to allow the construction of 87 single family homes, on
property zoned Hecker Pass Special Use District, located in the Hecker Pass Specific
Plan area, just east ofBonfante Gardens. De Nova Homes (c/o Bob Weiss), applicant,
A/S 05-60.
The staff report was noted and further explained by Planner II Durkin.
Mayor Pinheiro opened the Public Hearing. There being no comments by the public,
Mayor Pinheiro closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to approve the Mitigated Negative Declaration, with the attached 6 mitigated
measures, finding that (a) it is completed in compliance with CEQA, (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 Velasco, seconded by Councilman Valiquette and
carried to direct staff to prepare a resolution modifying TM 05-13, to include changes to
conditions #22 and #23.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to direct staff to prepare a resolution modifying A/S 05-60, to include changes to
condition #16.
City of Gilroy - Impact Fees
Public Hearing to consider an increase to the Traffic Development Impact Fee and set
the rate for the Traffic Development Impact Fee.
The staff report was noted and further explained by City Administrator Baksa.
Mayor Pinheiro opened the Public Hearing. There being no comment from the
public, Mayor Pinheiro closed the Public Hearing.
Motion was made by Councilman Correa, seconded by Councilman Bracco and
carried to adopt Resolution No. 2006-79 approving an adjustment of the Traffic Impact
Fee based on review of the costs of the traffic projects based upon actual and/or
foreseeable costs being experienced by the building industry.
RESOLUTION NO. 2006-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN ADJUSTMENT OF THE TRAFFIC IMPACT FEE BASED ON
REVIEW OF THE COSTS OF THE TRAFFIC PROJECTS BASED UPON ACTUAL
AND/OR FORESEEABLE COSTS BEING EXPERIENCED BY THE BUILDING
INDUSTRY.
PASSED AND ADOPTED this 18th day of December, 2006 by the following vote:
8594
AYES: COUNCILMEMBERS: ARELLANO, BR~A.CCO, CORREA, Gi\RTM~N,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Oshan, Michael
An Ordinance of the City Council of the City of Gilroy approving application Z 06-12
for a change in zoning designation from R3 (Medium Density Residential) to R3-PUD
(Medium Density Residential-Planned Unit Development) on approximately 0.23 acres
located at 620 Broadway Street, APN 790-32-048. Michael Oshan, applicant, Z 06-12.
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 Correa and
carried (Council members Bracco, Gartman, and Valiquette voting no) to introduce an
Ordinance of the City Council of the City of Gilroy approving Z 06-12.
City of Gilroy - Zoning Ordinance
An Ordinance of the City of Gilroy amending Zoning Ordinance Section 31 by
adding Sections 31.90 through 31.97, authorizing on an interim basis the approval in the
City's Downtown Parking Study Area and Zero Fee Area (as defined by Exhibit "A")
development projects that provide fewer off-street parking spaces than currently required
by the Zoning Ordinance until December 31, 2007 or until the City's Parking
Management Plan is adopted. City of Gilroy, applicant, Z 06-16.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried to adopt Ordinance No. 2006-25 amending Zoning Ordinance Section 31 by
adding Sections 31.90 through 31.97, authorizing on an interim basis the approval in the
City's Downtown Parking Study Area and Zero Fee Area (as defined by Exhibit "A")
development projects that provide fewer off-street parking spaces than currently required
by the Zoning Ordinance until December 31,2007 or until the City's Parking
Management Plan is adopted. City of Gilroy, applicant, Z 06-16. .
ORDINA-NCE NO. 2006-25
AN ORDINANCE OF THE CITY OF GILROY AMENDING ZONING
ORDINANCE SECTION 31 BY ADDING SECTIONS 31.90 THROUGH 31.97,
AUTHORIZING ON AN INTERIM BASIS THE APPRO V AL IN THE CITY'S
DOWNTOWN PARKING STUDY AREA AND ZERO FEE AREA (AS DEFINED BY
EXHIBIT" A") DEVELOPMENT PROJECTS THAT PROVIDE FEWER OFF-
STREET PARKING SPACES THAN CURRENTLY REQUIRED BY THE ZONING
ORDINANCE UNTIL DECEMBER 31,2007 OR UNTIL THE CITY'S PARKING
MANAGEMENT PLAN IS ADOPTED. CITY OF GILROY, APPLICANT, Z 06-16.
PASSED AND ADOPTED this 18th day of December, 2006 by the following vote:
AYES: COUNCILMEMBERS: .ARELLANO, BKA.CCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Commissions/Boards
Resignation from Parks and Recreation Commission member, Denise Jungling.
The staff memorandum was noted by Mayor Pinheiro.
Motion was made by Councilman Correa, seconded by Councilman Valiquette and
carried to accept the resignation with regrets and include the opening in the current
recruitment. .
Appointment of Board Members and Commissioners for terms expiring December
31,2006 and Unexpired Vacancies.
8595
Motion was made by Councilman Valiquette, seconded by Councilman Correa and
carried to make the following appointments: Dia Hoshida, Arts & Culture Commission;
Karen LaCorte, Arts & Culture Commission~ Robert T. Dillon, Library Commission;
Steve Ashford, Parks & Recreation Commission; Kathleen Clarke, Parks & Recreation
Commission; Rebecca Kay Scheel, Parks & Recreation Commission~ Susette Czeropski,
Personnel Commission; Kenneth Tanaka, Personnel Commission~ Arthur Brad Bannister,
Planning Commission; Thomas Boe, Planning Commission; Greg Filice, Building Board
of Appeals; Larry Kent, Building Board of Appeals; Susan L. Sweeney, Physically
Challenged Board of Appeals; Allen D. Beale, Bicycle!Pedestrian Advisory Board;
Rebecca Kay Scheel, Bicycle!Pedestrian Advisory Board~ Roberta Hughan, Historic
Heritage Committee~ Lisa Faria, Public Art Committee; and Bruce Morasca, Public Art
Committee.
City Administrator's Report
City Administrator Baksa noted that the January meeting with the Gilroy Unified
School District Board of Education has been moved to February, and that he will let the
Council know what date it has been changed to.
City Attorney's Report
City Attorney Callon wished everyone a Merry Christmas.
Council members Report
Councilman Arellano wished everyone Happy Holidays and asked them to be safe
and have a designated driver if they drink.
Councilman Correa wished everyone Happy Holidays.
Councilman Velasco thanked the Councilmembers for a great year.
Councilman Gartman wished everyone a Merry Christmas.
Councilman Valiquette wished everyone Happy Holidays.
Mayor' Report
Mayor Pinheiro thanked the Council members for their support this year. He asked
everyone to be safe and not to drink and drive. He asked that 2007 bring everyone health
and happiness.
*Meeting will be televised on Channel 17
DECEMBER 2006
18 Closed Session - 5:00 p.m., Gilroy City Council Chambers
18 Study Session - Discussion on CDBG (Community Development Block Grant) and
Highway 152/156 Bypass - approximately 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 (CANCELLED)
JANUARY 2007
8* Regular City Council Meeting - (CANCELLED)
9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16 Quarterly Workshop with the Gilroy Unified School Board - 6:00 p.m., at the Gilroy
High School Student Center, 750 W. Tenth Street, Gilroy
22 Study Session - Downtown Economic Study - 6:00 p.m., Gilroy City Council
Chambers
22* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
26 Annual Policy Summit - 8:00 a.m. to 5:00 p.m., Senior Center Meeting Room,
7371 Hanna Street, Gilroy (dinner at 6:00 p.m. -location to be determined)
27 Annual Policy Summit - 8:00 a.m. to 2:00 p.m., Senior Center Meeting Room,
7371 Hanna Street, Gilroy
29 Study Session - Joint City Council/Planning Commission - Parking - 6:00 p.m.,
Gilroy Senior Center
31 Closed Session - 6:00 p.m., Gilroy City Council Chambers
8596
FEBRUARY 2007
5* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
26* 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 9:47 p.rn. the Mayor adjourned the meet;ng ~o the medeting of January 22,2007.
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/s/ RHONDA PELLIN, CMC
City Clerk