Minutes 2007/02/05
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8609
Consent Calendar
Motion was made by Councilman Bracco, seconded by Councilman Correa and
carried to approve the Consent Calendar.
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.
Presentations & Proclamations - None
The Physically Challenged Board of Appeals was not available to give a report on
their activities.
Introductions
The following promoted employee was introduced: Gloria Gilleland, Permit
Technician, Community Development Department.
Orders of the Day
There were no changes to the agenda.
Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette;
Roland Velasco; Al Pinheiro - 7:03 p.m.
Roll Call
City Clerk Pellin noted that the agenda had been posted on January 31, 2007
at 11 :50 a.m.
Pastor Mark Turner, South Valley Community Church, gave the invocation.
Mayor Pinheiro led the Pledge of Allegiance to the flag.
Regular Meeting
February 05, 2007
Gilroy, California
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8610
Minutes of the Regular Council Meeting of January 22, 2007.
An Ordinance of the City Council of the City of Gilroy approving a Development
Agreement between the City of Gilroy and owners of property in the Hecker Pass
Specific Plan Area, Application M 05-05.
ORDINANCE NO: 2007-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
GILROY AND OWNERS OF PROPERTY IN THE HECKER PASS SPECIFIC PLAN
AREA, APPLICATION M 05-05.
PASSED AND ADOPTED this 5th day of February, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
An Ordinance of the City Council of the City of Gilroy approving application Z 06-17
for a change in zoning designation from Al (Agricultural) to Rl (Single Family
Residential) on approximately 4.3 acres located north of Ronan Avenue between Taos
Way and Wren Avenue, APN 790-16-057. Ronan Avenue Investors, c/o Giacalone-
McDermott Mgmt., LLC, applicant.
ORDINANCE NO. 2007-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING APPLICATION Z 06-17 FOR A CHANGE IN ZONING DESIGNATION
FROM Al (AGRICULTURAL) TO Rl (SINGLE F AMIL Y RESIDENTIAL) ON
APPROXIMATEL Y 4.3 ACRES LOCATED NORTH OF RONAN AVENUE
BETWEEN TAOS WAY AND WREN AVENUE, APN 790-16-057. RONAN
AVENUE INVESTORS, C/O GIACALONE-MCDERMOTT MGMT., LLC,
APPLICANT.
PASSED AND ADOPTED this 5th day of February, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A Resolution of the City Council of the City of Gilroy approving TM 06-08, a
Tentative Map to create 18 residential lots on approximately 4.3 acres located north of
Ronan Avenue, between Wren Avenue and Taos Way, APN 790-16-057. Giacalone-
McDermott Mgmt., LLC, applicant.
RESOLUTION NO. 2007-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 06-08, A TENTATIVE MAP TO CREATE 18 RESIDENTIAL LOTS
ON APPROXIMATELY 4.3 ACRES LOCATED NORTH OF RONAN AVENUE,
BETWEEN WREN AVENUE AND TAOS WAY, APN 790-16-057. GIACALONE-
MCDERMOTT MGMT., LLC, APPLICANT.
PASSED AND ADOPTED this 5th day of February, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Resolution of the Council of the City of Gilroy establishing stop control on Luchessa
A venue at its intersection with Princevalle Street in the City of Gilroy pursuant to Section
15.40 of the City Code.
RESOLUTION NO. 2007-11
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING
STOP CONTROL ON LUCHESSA AVENUE AT ITS INTERSECTION WITH
8611
PRINCEV ALLE STREET IN THE CITY OF GILROY PURSUANT TO SECTION
15.40 OF THE CITY CODE.
PASSED AND ADOPTED this 5th day of February, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Miraflores Homes
An Ordinance of the City Council of the City of Gilroy approving application Z 06-04
for a change in zoning designation from Rl (Single Family Residential) to R3/PUD
(Medium Density Residential-Planned Unit Development) on approximately one (1) acre
ofa 3.38-acre site located at 9130 and 9160 Kern Avenue, north of Mantelli Drive, APNs
790-17-002 and -003. 9130 Kern Avenue, LLC (c/o Sal Akhter-Miraflores Homes),
applicant.
Sal Akhter explained his current project and his proposed project under the RDO
competition.
Motion was made by Councilman Arellano, seconded by Councilman Gartman and
the motion was superseded by the following motion.
Motion was made by Councilman Arellano, seconded by Councilman Bracco and
carried to continue this request to the meeting of March 5,2007.
Council requested the City Attorney research whether the Tentative Map could be
conditioned so that the approval would be void if the applicant was to receive RDO
approvals.
Unreinforced Masonry Buildings
An Emergency Ordinance of the City Council of the City of Gilroy amending Article
VI entitled "Seismic Safety" regarding a mitigation program for Unreinforced Masonry
Buildings.
The staff report was noted and further explained by City Administrator Baksa and
Community Development Director Rooney.
Motion was made by Councilman Arellano, seconded by Councilman Valiquette and
carried to continue this request to the meeting of February 26, 2007, requesting that staff
do additional outreach to the URM building owners regarding this ordinance and that the
intent is that no new business license will be issued to a business in a URM building.
Unreinforced Masonry Buildings
An Ordinance of the City Council of the City of Gilroy amending Article VI entitled
"Seismic Safety" regarding a mitigation program for Unreinforced Masonry Buildings.
Motion was made by Councilman Arellano, seconded by Councilman Valiquette and
carried to continue this request to the meeting of February 26, 2007.
The James Group
A Resolution of the City Council of the City of Gilroy approving TM 06-11, a
Tentative Map to create 17 parcels on approximately 7.45 acres located at Monterey and
Eleventh Streets, south of the Platinum Theatres, APNs 799-33-047 and -045. James
Suner, applicant.
Councilman Bracco 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 Correa and
carried (Councilman Bracco absent) to adopt Resolution No. 2007-12 approving
TM 06-11, a Tentative Map to create 17 parcels on approximately 7.45 acres located at
Monterey and Eleventh Streets, south of the Platinum Theatres, APNs 799-33-047 and-
045. James Suner, applicant.
8612
RESOLUTION NO. 2007-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 06-11, A TENTATIVE MAP TO CREATE 17 PARCELS ON
APPROXIMATEL Y 7.45 ACRES LOCATED AT MONTEREY AND ELEVENTH
STREETS, SOUTH OF THE PLATINUM THEATRES, APNS 799-33-047 AND -045.
JAMES SUNER, APPLICANT.
PASSED AND ADOPTED this 5th day of February, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRACCO
Councilman Bracco returned to his seat at the dais.
Miraflores Homes
A Resolution of the City Council of the City of Gilroy approving TM 06-03, a
Tentative Map to create 53 residential lots, a private park site, and private streets on
approximately 3.38 acres located at 9130 and 9160 Kern Avenue, north of Mantelli
Drive, APNs 790-17-002 and -003. 9130 Kern Avenue, LLC (Miraflores Homes),
applicant.
This item was continued to the meeting of March 5, 2007 due to the continuance of
Item VI.A.
Miraflores Homes
A Resolution of the City Council of the City of Gilroy approving A/S 06-09, an
application for Architectural and Site approval of a Planned Unit Development for a 56-
home residential subdivision on approximately 3.38 acres at 9130 and 9160 Kern
Avenue, north of Mantelli Drive, APN s 790-17-002 and -003. 9130 Kern Avenue, LLC
(Miraflores Homes), applicant.
This item was continued to the meeting of March 5, 2007 due to the continuance of
Item VI.A.
Commissions/Boards
Resignation from Parks and Recreation Commission Member Bruce Williams.
The staff report was noted.
Motion was made by Councilman Correa, seconded by Councilman Valiquette and
carried to accept the resignation with regrets and open a new recruitment.
Council Members Report
Councilman Velasco asked whether the City controls all of the Cultural Center
properties. City Attorney Callon stated that the City has control of all properties, but is
still in court for finalization. Councilman Velasco asked whether the City will construct
a large sign advertising "FUTURE HOME OF...", and was told that will be done. It was
noted that demolition would be complete by Mayor June, 2007.
Councilman Arellano noted a group that deals with victims of domestic violence are
coming to Gilroy. He asked whether the Councilmembers would provide funds to this
group, out of their pockets or campaign funds, to help pay for the refreshments for the
presentation to the public.
Mayor's Report
Santa Clara V alley Water District
Request by Santa Clara Valley Water District to designate Gilroy staff members
attending their committee meetings as "voting" members if the Council representative or
alternate is not in attendance.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried to designate Gilroy staff members attending Santa Clara Valley Water District
committee meetings as "voting" members if the Council representative or alternate is not
in attendance.
S613
Adjourn to Closed Session Conference with Labor Negotiator
Pursuant to Government Code Section 54957.6
Agency Negotiator: Jay Baksa
Employee Organization: Exempt Group
Councilman Velasco recused himself from discussion and vote in this Closed Session,
due to the employment of his wife with the City of Gilroy, stepped down from the dais
and left the room.
Adjourn to Open Session
Public Report of any action taken in Closed Session and the vote or abstention of
each Councilmember, if required by Government Code Section 54957.1.
At 8:50 p.m. Mayor Pinheiro announced that no action had been taken.
*Meeting will be televised on Channel 17
FEBRUARY 2007
5 Study Session - Westfield Presentation - 6:00 p.m., Gilroy City Council Chambers
5* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
12 Quarterly Workshop with the Gilroy Unified School Board - 6:00 p.m., at the Gilroy
High School Student Center, 750 W. Tenth Street, Gilroy
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 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
MARCH 2007
5* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
12 Joint City Council/Planning Commission Policy Summit & Project Update-
6:00 p.m., Gilroy City Council Chambers
13 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
19* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
26* Joint City CounciVPlanning Commission Study Session on the 2007 CIB -
6:00 p.m., Gilroy City Council Chambers
27 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
APRIL 2007
2* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
10 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
16* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
24 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
MAY 2007
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
14* Study Session - Budget - 6:00 p.m., Gilroy City Council Chambers
21 * Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
22 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
At 8:51 p.m. the Mayor adjourned the meetin~ ~o the meeting of ~~bruary 26, 2007.
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/s/ RHONDA PELLIN, CMC
City Clerk