Minutes 2007/03/19
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8624
Regular Meeting
March 19,2007
Gilroy, California
Mayor Pinheiro led the Pledge of Allegiance to the flag.
Pastor Mark Turner, South Valley Community Church, gave the invocation.
City Clerk Pellin noted that the agenda had been posted on March 14, 2007 at
4:55 p.m.
Roll Call
Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette;
Roland Velasco; Al Pinheiro - 7:06 p.m.
Orders of the Day
There were no changes to the agenda.
IntrodllPtions
Presentations & Proclamations
Mayor Pinheiro noted a proclamation for Edwin Diaz Day - March 1, 2007, which
was previously presented to the recipient.
Shairon Williams, Chairperson, Personnel Commission, gave a report on their
activities.
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.
8625
Consent Calendar
Motion was made by Councilman Bracco, seconded by Councilman Valiquette and
carried to approve the Consent Calendar.
Minutes of the Regular Council Meeting of March 5, 2007.
Request for Acceptance ofImprovements, Tract No. 9463, Newman Development,
Phase II, Newman Development Group of Gilroy LLC.
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.
ORDINANCE NO. 2007-06
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.
PASSED AND ADOPTED this 19th day of March, 2007 by the following vote:
A YES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Approval of the Memorandum of Understanding for the Gilroy Police Officers
Association.
Resolution of the City Council of the City of Gilroy establishing the July 1, 2006,
January 1,2007, July 1,2007, and July 1,2008 salary schedules for personnel
represented by the Gilroy Police Officers Association.
RESOLUTION NO. 2007-18
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ESTABLISHING THE JULY 1,2006, JANUARY 1,2007, JULY 1,2007, AND JULY
1,2008 SALARY SCHEDULES FOR PERSONNEL REPRESENTED BY THE
GILROY POLICE OFFICERS ASSOCIATION.
PASSED AND ADOPTED this 19th day of March, 2007 by the following vote:
A YES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Resolution of the City Council of the City of Gilroy opposing California State Senate
Bill 49.
RESOLUTION NO. 2007-19
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OPPOSING
CALIFORNIA STATE SENATE BILL 49.
PASSED AND ADOPTED this 19th day of March, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Review and approval of the Gilroy Bike Facility Feasibility Study.
A Resolution of the City Council of the City of Gilroy making certain findings and
approving the Luchessa Avenue Reorganization No. 06-01, City File A 06-02, annexation
of property located at the southwest corner of Luchessa Avenue and Monterey Road
consisting of approximately 27.7 acres (APNs 808-21-008, 808-21-009, 808-21-016,
808-21-018) and approving detachment thereof from the County of Santa Clara, South
Santa Clara County Fire District and Santa Clara County Open Space Authority.
8626
RESOLUTION NO. 2007-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING
CERTAIN FINDINGS AND APPROVING THE LUCHESSA AVENUE
REORGANIZATION NO. 06-01, CITY FILE A 06-02, ANNEXATION OF
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LUCHESSA AVENUE
AND MONTEREY ROAD CONSISTING OF APPROXIMATELY 27.7 ACRES
(APNS 808-21-008, 808-21-009, 808-21-016, 808-21-018) AND APPROVING
DETACHMENT THEREOF FROM THE COUNTY OF SANTA CLARA, SOUTH
SANTA CLARA COUNTY FIRE DISTRICT AND SANTA CLARA COUNTY OPEN
SPACE AUTHORITY.
PASSED AND ADOPTED this 19th day of March, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Bids and Proposals
Water Wells
Recommendation to award the bid for the Equipping of Forest Park Well 3-02, City
Project No. 07-CDD-135, to Pacific Infrastructure in the amount of$I,437,000.00.
City Administrator Baksa presented a recommendation to award the bid for the
Equipping of Forest Park Well 3-02, City Project No. 07-CDD-135, to Pacific
Infrastructure in the amount of $1,437,000.00.
Motion was made by Councilman Valiquette, seconded by Councilman Arellano and
carried to award the bid for the Equipping of Forest Park Well 3-02, City Project No. 07-
CDD-135, to Pacific Infrastructure in the amount of $1,437,000.00.
Chappell, Marty
A continued Public Hearing on a Tentative Map request to create 11 residential lots
on approximately 4.15 acres on property zoned Rl (Single Family Residential), located at
5875 Miller Avenue, west of Miller Avenue at Thomas and Mesa Roads intersection.
Martin Chappell (c/o Amanda Wilson), applicant, TM 06-06.
Motion was made by Councilman Arellano, seconded by Councilman Valiquette and
carried to continue TM 06-06 to the meeting of April 16, 2007 at the request of the
applicant.
Sargenti, Randolph
A continued Public Hearing on a Tentative Map request to create five (5) residential
lots on approximately 1.5 acres on property zoned Rl (Single Family Residential),
located at 5885 Miller A venue, west of Miller Avenue at Thomas and Mesa Roads
intersection). Randolph Sargenti (c/o Amanda Wilson), applicant, TM 06-13.
The staff report was noted and further explained by Planner II Polubinsky.
Mayor Pinheiro opened the Public Hearing. There being no comment from the
audience, Mayor Pinheiro closed the Public Hearing.
Motion was made by Councilman Valiquette, seconded by Councilman Bracco and
carried to direct staff to prepare a resolution approving TM 06-13.
South County Housing
Public Hearing on an annexation of 10.68 acres at the northwest corner of Vickery
Avenue and Wren Avenue. South County Housing (c/o Karen Saunders), applicant,
A 05-01.
Public Hearing on Prezone request for 10.68 acres at the northwest corner of Vickery
Avenue and Wren Avenue to ND-PUD (Neighborhood District-Planned Unit
Development). South County Housing (c/o Karen Saunders), applicant, Z 07-01.
8627
South County Housing
Public Hearing on a Tentative Map request to subdivide 36 acres into 244 residential
lots on property zoned ND-PUD (Neighborhood District-Planned Unit Development),
located on the west side of Monterey Road, at Cohansey A venue, east of Kern Avenue.
South County Housing (c/o Karen Saunders), applicant, TM 06-14.
Architectural & Site-Planned Unit Development review to allow the construction of
244 residential homes on property zoned ND-PUD (Neighborhood District-Planned Unit
Development), located on the west side of Monterey Road, at Cohansey Avenue, east of
Kern Avenue. South County Housing (c/o Karen Saunders), applicant, A/S-PUD 06-45.
Mayor Pinheiro recused himself from discussion and vote on this item, due to
business dealings with the applicant, stepped down from the dais, and left the room.
The staff report was noted and further explained by Planner II Durkin.
Mayor Protempore Bracco opened the Public Hearing.
Dennis Lalor reviewed the proposed project.
Chip Pearson, architect, reviewed the project design goals that they have created.
John Donahoe discussed the parking challenge for this project, with no parking
allowed on collector streets.
Rob Mendiola, representing the Gilroy Unified School District, noted that the project
has offered amenities to the District over and above what is mandated. He noted that this
project should be approved.
Mayor Protempore Bracco closed the Public Hearing.
Mayor Protempore Bracco stated that he met with the applicant on this project.
Motion was made by Councilman Arellano, seconded by Councilman Valiquette and
carried (Councilmembers Gartman and Velasco voting no and Mayor Pinheiro absent) to
approve the Mitigated Negative Declaration, with the attached 41 mitigation 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 Valiquette and
carried (Councilmembers Gartman and Velasco voting no and Mayor Pinheiro absent) to
direct staff to prepare a resolution approving A 05-01.
Motion was made by Councilman Arellano, seconded by Councilman Valiquette and
carried (Councilmembers Gartman and Velasco voting no and Mayor Pinheiro absent) to
direct staff to prepare an ordinance approving Z 07-01.
Motion was made by Councilman Arellano, seconded by Councilman Valiquette and
carried (Councilmembers Gartman and Velasco voting no and Mayor Pinheiro absent) to
direct staff to prepare a resolution approving TM 06-14.
Motion was made by Councilman Arellano, seconded by Councilman Valiquette and
carried (Councilmembers Gartman and Velasco voting no and Mayor Pinheiro absent) to
direct staff to prepare a resolution approving A/S-PUD 06-45, with the added condition
that the commercial area shall be landscaped until construction of the commercial area
occurs.
Mayor Pinheiro returned to his seat at the dais.
Pacific Mobile Estates
Public Hearing on a Tentative Map request to create 178 residential lots on
approximately 23.59 acres on property zoned R3 (Medium Density Residential), located
at 500 West Tenth Street (Pacific Mobile Estates). Don Jurow, applicant, TM 06-16.
8628
Motion was made by Councilman Arellano, seconded by Councilman Valiquette and
carried to continue TM 06-16 to the meeting of April 16, 2007 at the request of the
applicant.
Royal Glen
Public Hearing on a Tentative Map request to subdivide 1.56 acres into 16 single
family residential lots on property zoned R3-PUD (Medium Density Residential-Planned
Unit Development), located at 6675 Royal Way, at Royal Way and Imperial Drive. DWI
Marketing, Inc. (c/o Sal Akhter), applicant, TM 06-07.
Architectural & Site-Planned Unit Development review to allow the construction of
16 residential homes on property zoned R3-PUD (Medium Density Residential-Planned
Unit Development), located at 6675 Royal Way at Royal Way and Imperial Drive. DWI
Marketing, Inc. (c/o Sal Akhter), applicant, A/S-PUD 06-27.
The staff report was noted and further explained by Planner II Durkin.
Mayor Pinheiro opened the Public Hearing.
Sal Akhter reviewed the project. He stated that it is an infilllot. He explained that
the number of parking spaces provided is above that which is required. He also noted
that the coverage is below the maximum allowed. He stated that if trees were planted in
the backyards, it would provide visual protection. He reviewed staff s suggestion of
having a perimeter road around the project.
Toni Filice representing the owners, noted that it has been zoned R3 since the 1970s.
She questioned why the City would not allow a property be used to its highest and best
use. She stated that she does not understand why staffhas such a problem with this
project. She asked the Council to please respect the future owners by not having
apartments and townhouses on this land. She asked that the City approve this project.
Valerie Filice stated that there is a home close to the levee, surrounded by trees, that
is currently rented, and in the last 15 years has had no criminal activity in this area to this
day. She stated that living in a PUD gives the residents a chance to know each other.
She stated that she hopes that this project gets approved.
Mayor Pinheiro closed the Public Hearing.
Councilmembers Arellano, Bracco, Correa, Gartman, Valiquette, and Pinheiro stated
that they had met and/or discussed this project with the applicant.
Motion was made by Councilman Arellano, seconded by Councilman Valiquette and
carried (Councilmembers Velasco and Pinheiro voting no) to direct staff to prepare a
resolution approving TM 06-07.
Motion was made by Councilman Arellano, seconded by Councilman Valiquette and
carried (Councilmembers Velasco and Pinheiro voting no) to direct staff to prepare a
resolution approving A/S-PUD 06-27, with two added conditions requiring tubular type
fencing to be installed at the two private access driveway ends to the west and also for the
applicant to work in conjunction with the SCVWD regarding lighting to the south of the
property.
Cote, Chris
An Ordinance of the City Council of the City of Gilroy approving an application for a
change in zoning designation from R3 (Medium Density Residential) to R3-PUD
(Medium Density Residential-Planned Unit Development) on approximately 1.07 acres
located at 341 thru 385 Gurries Drive, northeast corner of Gurries Drive and Hanna
Street, APNs 790-35-015, 016 and 017. Hanna Square Gilroy Independence/Chris Cote,
applicant, Z 06-14.
Rob Mendiola, Gilroy Unified School District, stated that Mr. Cote has offered to
mitigate this project to the full extent and the School District is very appreciative.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to read the ordinance by title only and waive further reading of the ordinance.
City Clerk Pellin read the ordinance by title only.
8629
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to introduce an ordinance approving Z 06-14.
El Estero Car Wash
Architectural & Site-Planned Unit Development review to allow the addition and
renovation of an existing carwash on property zoned C3-PUD (Shopping Center
Commercial-Planned Unit Development), located at 951 First Street, west of the Safeway
Store. Reid Lerner, applicant, A/S-PUD 06-38.
The staff report was noted and further explained by Planning Technician Felice.
John Logan discussed the water system where they are proposing a more
sophisticated filtration system where the water is captured and reused. He noted
limitations on the building area that can be built on. He stated that there will be new
asphalt and landscaping. He noted that a fence will be installed around the project. He
noted new landscaping and a planter area that will be irrigated and maintained.
Motion was made by Councilman Valiquette, seconded by Councilman Gartman and
carried to direct staff to continue this request to the meeting of April 2, 2007 for
additional information and revisions to the plans.
S&P Properties
Downtown Project Exemption to allocate 16 residential units, on property zoned DED
(Downtown Expansion District), located at 7711 & 7733 Monterey Road, at the
northwest corner of Third Street and Monterey Road. S & P Properties LLC (c/o Michael
Parsons), applicant, DTPE 06-03.
The staffreport was noted and further explained by Planner II Polubinsky.
Mayor Pinheiro stated that he spoke with the applicant regarding this project.
Motion was made by Councilman Bracco, seconded by Councilman Valiquette and
carried to direct staff to prepare a resolution approving DTPE 06-03.
Montes, Jose
Downtown Project Exemption to allocate 27 residential units, on property zoned DED
(Downtown Expansion District), located at 7776 Monterey Road, south ofIOOF Avenue.
Jose Montes, applicant, DTPE 06-04.
The staff report was noted and further explained by Planner II Polubinsky.
Mayor Pinheiro stated that he spoke with the applicant regarding this project.
Motion was made by Councilman Valiquette, seconded by Councilman Bracco and
carried to direct staff to prepare a resolution approving DTPE 06-04.
City Council
Appointment of Mayor Protempore from April 1, 2007 through November 30, 2007.
Motion was made by Councilman Valiquette, seconded by Councilman Gartman and
carried to appoint Peter Arellano as Mayor Protempore from April 1, 2007 through
November 30,2007.
Commissions/Boards
Appointment to the City of Gilroy Parks and Recreation Commission.
Motion was made by Councilman Gartman, seconded by Councilman Valiquette and
carried to appoint Moe McHenry as a member to the City of Gilroy Parks and Recreation
Commission.
City Administrator's Report
City Council
Approval of the City Council Policy Summit Notes of January 25, 2007.
Motion was made by Councilman Valiquette, seconded by Councilman Bracco and
carried to approve the City Council Policy Summit Notes of January 25, 2007.
8630
City Council
Discussion on City Councilmembers email messages stored on City owned servers.
Motion was made by Mayor Pinheiro, seconded by Councilman Valiquette and
carried to change the Council Policy to retrieve email remotely through Microsoft
Exchange 2003 and check with the Institute for Local Government regarding email
retention guidelines.
City Administrator Baksa noted the email which was sent by David Chulick
explaining the standard Dell computers purchased by the City of Gilroy.
Councilmembers Correa and Valiquette requested computers be purchased for them.
Council Members Report
Councilman Bracco complimented the Police Department on the opening of the new
Police facility and stated that there was a good turnout. He requested that staff be told
that they held a first class event. He also thanked all of the volunteers and parents for the
great Little League opening day.
Councilman Arellano echoed Councilman Bracco's statements.
Councilman Velasco asked City Attorney Callon to refresh his memory regarding the
requirements for ex parte communications. She explained the Councilmembers need to
disclose if they met with the applicant or neighborhood groups and disclose any new
information that was not publicly presented. He questioned whether the March 28
workshop started at 6:30 p.m. and was told it did and also questioned if the April 21 st
meeting was still on and was told that it was.
Councilman Gartman stated that he has been out of town, but when he let people
know that he was from Gilroy, they all knew that Gilroy was associated with garlic.
Mayor's Report
Mayor Pinheiro stated that staff did a great job on the Police facility opening. He
noted a plaque that he received from the Gilroy Little League for the City.
Adjourn to Closed Session conference with Labor Negotiator
Pursuant to Government Code Section 54957.6
Agency Negotiator: Jay Baksa
Employee Organization: Exempt Group
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.
Mayor Pinheiro announced that no action had been taken.
*Meeting will be televised on Channel 17
MARCH 2007
19 Study Session - Visitors Bureau Update & Sidewalk Task Force Recommendations
5:30 p.m., Gilroy City Council Chambers
19* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
26* Joint City CouncillPlanning 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 (CANCELLED)
28* Workshop - Budget - 6:00 p.m., Gilroy City Council Chambers
29 Study Session - Transparency, Double Dipping, and Discussion on the Charter
sections and Council's ability to provide policy vs. administrative actions -
6:00 p.m., Gilroy City Council Chambers
APRIL 2007
2 Study Session - Noise Ordinance Update - 6:00 p.m., Gilroy City Council Chambers
2* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
10 SCR W A Meeting - 7 :30 a.m., 1500 Southside Drive, Gilroy
16* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
21 Closed Session - Employee Appointment - 9:00 a.m., Gilroy City Council Chambers
8631
24 SCRW A 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 SCRWA 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
30 Workshop on Council Visioning - 6:00 p.m., Gilroy City Council Chambers
JUNE 2007
4* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
12 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
11 * Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
At 12.08 a.m. the Mayor adjourned the meetin~ to the meeting of April 2, 2007.
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/s/ RHONDA PELLIN, MMC
City Clerk