Minutes 2006/11/06
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Regular Meeting
November 06, 2006
Gilroy, California
Mayor Pinheiro led the Pledge of Allegiance to the flag.
Linda Judd, a member of Gilroy Baha'i Community, gave the invocation.
City Clerk Pellin noted that the agenda had been posted on November 1,2006 at
2:21 p.rn.
Roll Call
Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette;
Roland Velasco; Al Pinheiro - 7:00 p.m.
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Orders of the Day
It was noted that the approval of Consent Calendar Item III.J. would include the
authority of the City Administrator to sign the agreement pending the determination by
the City Attorney and the parties to the agreement as to who will sign on the owners'
behalf.
Introductions
The following new employee was introduced: Gregory Y oneda, Information
Technology Technician I, Finance Department.
Presentations & Proclamations
The Mayor noted a proclamation for Domestic Violence Awareness Month -
October, 2006.
Eileen Kopp, Library Commission member, 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.
Consent Calendar
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to approve the Consent Calendar, removing Item III.K. Possible Cancellation of
City Council Meeting and Date Change for One Meeting.
Minutes of the Regular Council Meeting of October 16,2006.
Recommendation to Approve Budget Amendments/Transfers.
An Ordinance of the City of Gilroy amending the Gilroy Zoning Ordinance by adding
new sections regarding parking reductions and Conditional Use Permit requirements for
Unreinforced Masonry ("URM") buildings, amending Gilroy City Code by adding a new
Section 7.4.2 providing that buildings complying with the mandatory URM retrofit
program assistance are set at zero (0) percent of cost reasonably borne by the City, and
amending Section 106.4.3 of the California Building Code concerning validity of
building permits.
ORDINANCE NO. 2006-22
AN ORDINANCE OF THE CITY OF GILROY AMENDING THE GILROY
ZONING ORDINANCE BY ADDING NEW SECTIONS REGARDING PARKING
REDUCTIONS AND CONDITIONAL USE PERMIT REQUIREMENTS FOR
UNREINFORCED MASONRY ("URM") BUILDINGS, AMENDING GILROY CITY
CODE BY ADDING A NEW SECTION 7.4.2 PROVIDING THAT BUILDINGS
COMPLYING WITH THE MANDATORY URM RETROFIT PROGRAM
ASSISTANCE ARE SET AT ZERO (0) PERCENT OF COST REASONABLY BORNE
BY THE CITY, AND AMENDING SECTION 106.4.3 OF THE CALIFORNIA
BUILDING CODE CONCERNING VALIDITY OF BUILDING PERMITS.
PASSED AND ADOPTED this 6th day of November, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA. GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Request for Acceptance oflmprovements, Tract No. 9661, Agreement No. 2005~07,
GMD Development, Inc.
Approval of the Memorandum of Understanding for IAFF, Local 2805.
Resolution of the City Council of the City of Gilroy establishing the January 1, 2005,
July 1,2005, July 1,2006 and July 1,2007 salary schedules for the IAFF, Local 2805
Fire Personnel.
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RESOLUTION NO. 2006-70
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ESTABLISHING THE JANUARY 1,2005, JULY 1,2005, JULY 1, 2006 AND JULY
1, 2007 SALARY SCHEDULES FOR THE IAFF, LOCAL 2805 FIRE PERSONNEL.
PASSED AND ADOPTED this 6th day of November, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Adoption ofthe City of Gilroy Reimbursement Policy.
A Resolution of the City Council of the City of Gilroy ordering the vacation of a
Public Service Easement acquired by the City pursuant to Resolution 515, dated
June 15, 1959.
RESOLUTION NO. 2006-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ORDERING THE VACATION OF A PUBLIC SERVICE EASEMENT ACQUIRED
BY THE CITY PURSUANT TO RESOLUTION 515, DATED JUNE 15, 1959.
PASSED AND ADOPTED this 6th day of November, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Approval of a Bill of Sale for the McCarthy Group LLC.
Approval of the proposed amendment to the Deferred Agricultural Mitigation
Agreement for the Barberi property, USA 04-02 to include the authority of the City
Administrator to sign the agreement pending the determination by the City Attorney and
the parties to the agreement as to who will sign on the owners' behalf.
A Resolution of the City Council of the City of Gilroy approving Tentative
Cancellation of Williamson Act Land Conservation Contract No. 75-086, APN 835-05-
006, with regard to the Las Animas Industrial Park Project on Las Animas A venue,
M 05-14.
RESOLUTION NO. 2006-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TENTATIVE CANCELLATION OF WILLIAMSON ACT LAND
CONSERVATION CONTRACT NO. 75-086, APN 835-05-006, WITH REGARD TO
THE LAS ANIMAS INDUSTRIAL PARK PROJECT ON LAS ANIMAS AVENUE,
M 05-14.
PASSED AND ADOPTED this 6th day of November, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Possible Cancellation of City Council Meeting and Date Change for One Meeting.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to approve the cancellation of a City Council Meeting and change the date for one
meeting.
Bids and Proposals
City Vehicles and Equipment
Recommendation to award the bid for two (2) 2007 New Model Year Chevrolet
Tahoe 2WD Police Package Vehicles (Bid #07-ASD-133) to Century Chevrolet in the
amount of $63,200.00.
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City Administrator Baksa presented a recommendation to award the bid for two (2)
2007 New Model Year Chevrolet Tahoe 2WD Police Package Vehicles (Bid #07-ASD-
133) to Century Chevrolet in the amount of $63,200.00.
Motion was made by Councilman Velasco, seconded hy Councilman Valiquette and
carried to award the bid for two (2) 2007 New Model Year Chevrolet Tahoe 2WD Police
Package Vehicles (Bid #07-ASD-133) to Century Chevrolet in the amount of$63,200.00.
Recommendation to award the bid for two (2) 2007 New Model Year Chevrolet
Tahoe 4WD Special Service Package Vehicles (Bid #07-ASD-132) to Century Chevrolet
in the amount of $71,298.40.
City Administrator Baksa presented a recommendation to award the bid for two (2)
2007 New Model Year Chevrolet Tahoe 4WD Special Service Package Vehicles (Bid
#07-ASD-132) to Century Chevrolet in the amount of $71,298.40.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to award the bid for two (2) 2007 New Model Year Chevrolet Tahoe 4WD
Special Service Package Vehicles (Bid #07-ASD-132) to Century Chevrolet in the
amount of $71,298.40.
Recommendation to piggy-back off the County of Los Angeles contract #42040 to
purchase an Air Cylinder (SCBA's) Recharging Station in the amount of$50,713.89.
City Administrator Baksa presented a recommendation to piggy-back off the County
of Los Angeles contract #42040 to purchase an Air Cylinder (SCBA's) Recharging
Station in the amount of$50,713.89.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to piggy-back off the County of Los Angeles contract #42040 to purchase an Air
Cylinder (SCBA's) Recharging Station in the amount of $50,713.89.
City of Gilroy '- Ordinance Codification
An Ordinance of the City of Gilroy amending Gilroy City Code Section 7.4. 1,
providing that certain charges to development projects in the zero fee area (as defined by
Exhibit" A") are set at zero (0) or fifty (50) percent of cost reasonably borne by the City,
to extend its provisions until December 31,2008.
The staff report was noted and further explained by City Administrator Baksa.
Motion was made by Councilman Arellano, seconded hy Councilman Bracco 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 Correa, seconded by Councilman Arellano and
carried to introduce an ordinance of the City Council of the City of Gilroy approving the
extension of the downtown fee elimination program.
City of Gilroy - Ordinance Codification
An Ordinance of the City Council of the City of Gilroy amending Chapter 18 of the
Gilroy City Code entitled "Public Parks" regulating public use of City parks and
recreation areas to prohibit the consumption of intoxicating liquor other than beer and
wine at Las Animas Park and Christmas Hill Park.
The staff report was noted and further explained by City Administrator Baksa.
Motion was made by Councilman Velasco, seconded by Councilman Correa 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 Arellano, seconded by Councilman Valiquette and
carried (Councilmembers Bracco, Gartman, and Velasco voting no) to introduce an
ordinance of the City Council of the City of Gilroy approving amending Chapter 18 of
the Gilroy City Code entitled "Public Parks" regulating public use of City parks and
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recr~ation areas to prohibit the consumption of intoxicating liquor other than beer and
wine at Las Animas Park and Christmas Hill Park.
Mills Act
Request to allow properties located at 546 Fifth Street (Alexander Trelut, applicant,
MA 06-01), 7631 Hanna Street (Darol & Shaleen Briscoe, applicants, MA 06-02), 7730
Hanna Street (Robert T. Blundo, applicant, MA 06-03), and 7797 Monterey Street (Kevin
D. Clark, applicant, MA 06-04) to enter into a Mills Act property tax relief contract with
the City of Gilroy.
The staff report was noted and further explained by Planner II Casper.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to approve entering into a Mills Act property tax relief contract with the City of
Gilroy, Alexander Trelut, applicant, MA 06-01, subject to two conditions.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to approve entering into a Mills Act property tax relief contract with the City of
Gilroy, Darol & Shaleen Briscoe, applicants, MA 06-02, subject to two conditions.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to approve entering into a Mills Act property tax relief contract with the City of
Gilroy, Robert T. Blundo, applicant, MA 06-03, subject to two conditions.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to approve entering into a Mills Act property tax relief contract with the City of
Gilroy, Kevin D. Clark, applicant, MA 06-04, subject to two conditions.
LAFCO
Approval of the City of Gilroy comment letter to LAFCO regarding the proposed
LAFCO Agricultural Mitigation Policy.
The staff report was noted and further explained by Planning Division Manager Faus.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried (Council members Arellano and Gartman voting no) to approve sending the City
of Gilroy comment letter to LAFCO regarding the proposed LAFCO Agricultural
Mitigation Policy.
City Administrator's Report
City Council Policy on General Fund Reserve Balances.
City Administrator Baksa reviewed the City Council Policy on General Fund Reserve
Balances.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to accept the Policy and add to the Council norms.
City Administrator Baksa noted that the City received the Lighthouse Award for
Excellence from the California Municipal Revenue & Tax Association (CMRT A) in
automating our utility billing. He distributed information regarding the correlation of
crime. He distributed information on initial items of concern regarding a LAFCO
meeting on the incorporation of San Martin. He distributed the 2007 calendar for known
meetings for Council to plan for. He distributed the Policy Summit actions from the
meeting, and stated that he will agendize this for formal action on the November 20, 2006
agenda.
Councilmembers Report
Council member Arellano encouraged everyone to vote tomorrow.
Councilman Velasco questioned whether there is interest for a joint meeting with the
Parks & Recreation Commission as the Council does with the Planning Commission, and
the Council agreed that they would like to do that.
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Councilman Gartman echoed Councilman Arellano's comments wishing good luck to
the candidates.
Mayor's Report
Mayor Pinheiro requested those needing to still take ethics training before the end of
the year to get that completed.
He echoed fellow Councilmembers wishes for tomorrow and the candidates.
He noted that he has been meeting with regional leaders regarding funding for the
transportation needs in our area.
He gave his congratulations to Pastor Bruce Rowlison on his retirement from the
Gilroy Presbyterian Church.
Adjourn to Closed Session at 8:31 p.m.
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Negotiators: LeeAnn McPhillips, Charles Sakai, Gregg Giusiana, Lanny Brown
Employee Organization: Gilroy POA (police Officers' Association)
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Negotiators: LeeAnn McPhillips, Charles Sakai, Dale Foster, Phil King
Employee Organization: IAFF Local 2805
Adjourn to Open Session
Public Report of any action taken in Closed Session and the vote or abstention of
each Council member, if required by Government Code Section 54957.1.
Mayor Pinheiro announced that the Council had adjourned from a Closed Session
regarding Public Employee Performance Evaluation pursuant to Government Code
Section 54957 and a Closed Session regarding Conference with Labor Negotiators
pursuant to Government Code Section 54957.6 and that no action had been taken.
*Meeting will be televised on Channel 17
NOYEMlJER 2006
6 Study Session - Discussion of Community Bussing with VT A - 6:00 p.m., Gilroy
City Council Chambers
6* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 Joint City Council! Arts & Culture Commission Study Session - Art for Downtown -
6:00 p.m., Gilroy City Council Chambers
14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
17 Joint City CouncillPolice Department/Fire Department Policy Summit - 8:00 a.m.,
Senior Center Meeting Room, 7371 Hanna Street, Gilroy
20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
28 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
DECEMBER 2006
4* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12 SCR W A Meeting - 7 :30 a.m., 1500 Southside Drive, Gilroy
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
Unified School District Administration Board Room, 7810 Arroyo Circle, 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,
l 8580
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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
Adjournment
At 9:25 p.m. the Mayor adjourned the meeting to the meeting of November 20, 2006.
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,=~k~J);d..Llli,_____---
/s/ RHONDA PELLIN, CMC
City Clerk