Minutes 2007/05/21
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8656
Regular Meeting
May 21, 2007
Gilroy, California
Mayor Pinheiro led the Pledge of Allegiance to the flag.
Pastor Greg Quirk of South Valley Community Church gave the invocation.
Deputy City Clerk Serna noted that the agenda had been posted on May 16, 2007
at 2:03 p.m.
Roll Call
Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette;
Roland Velasco; Al Pinheiro -7:19 p.m.
Orders of the Day
There were no changes to the agenda.
Presentations & Proclamations
Mayor Pinheiro presented the Volunteer of the Month award for March, 2007 to Ann
Howe and shared her service to the city.
Mayor Pinheiro noted a Certificate for retired Physically Challenged Board of
Appeals Member Robert Leon Lessman who was not present at the meeting to receive his
certificate.
8657
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 that the following items under the Consent Calendar be approved, removing Item
IILE. A Resolution authorizing the filing of an application with the Santa Clara Valley
Transportation Authority for allocation of Local Streets and County Roads Program
funds.
Minutes of the Regular Council Meeting of May 7, 2007.
Recommendation to Approve Budget Amendments/Transfers.
An Ordinance of the City Council of the City of Gilroy approving application Z 06-15
to change the zoning designation from PF (Public Facility) to Cl (Neighborhood
Commercial) on approximately 2.15 acres located on the northern portion of Brownell
School between Carmel and Hanna Streets, APN 799-20-010. Gilroy Unified School
District (GUSD), applicant.
ORDINANCE NO. 2007-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING APPLICATION Z 06-15 TO CHANGE THE ZONING DESIGNATION
FROM PF (PUBLIC FACILITY) TO CI (NEIGHBORHOOD COMMERCIAL) ON
APPROXIMATEL Y 2.15 ACRES LOCATED ON THE NORTHERN PORTION OF
BROWNELL SCHOOL BETWEEN CARMAL AND HANNA STREETS, APN 799-
20-010. GILROY UNIFIED SCHOOL DISTRICT (GUSD), APPLICANT.
PASSED AND ADOPTED this 21 st day of May, 2007 by the following vote:
A YES: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO,
AND PINHEIRO
NOES: NONE
ABSENT: NONE
Possible cancellation of City Council meeting of July 2,2007.
Notice of Acceptance of Completion, Property Improvement Agreement No. 2005-
20, Tract No. 9752, Vickery Lane Subdivision, APN: 790-08-015, Vickery Lane, LLC, A
California Limited Liability Company.
Notice of Acceptance of Completion, Property Improvement Agreement No. 2005-
05, The Vineyards @ 7900 Westwood Drive, APN: 808-11-001,002 & 003, South
Valley Apartments, LLC.
A Resolution of the City Council of the City of Gilroy accepting dedication of the
real property owned by South County Ventures, LLC, APN 841-18-051, for the Camino
Arroyo Bridge Project.
RESOLUTION NO. 2007-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ACCEPTING DEDICATION OF THE REAL PROPERTY OWNED BY SOUTH
COUNTY VENTURE, LLC, APN 841-18-051, FOR THE CAMINO ARROYO
BRIDGE PROJECT.
PASSED AND ADOPTED this 21 st day of May, 2007 by the following vote:
A YES: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO,
AND PINHEIRO
NOES: NONE
ABSENT: NONE
Review and accept the City's Draft Analysis of Impediments to Fair Housing Choice
Report and continue to support the City's efforts to prevent housing discrimination.
8658
Resolution of the City Council of the City of Gilroy placing a request to the
Metropolitan Transportation Commission for the allocation of fiscal year 2007-2008
Transportation Development Act Article 3 PedestrianlBicycle Project funding.
RESOLUTION 2007-45
A RESOLUTION OF THE CITY OF GILROY PLACING A REQUEST TO THE
METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION
OF FISCAL YEAR 2007-2008 TRANSPORTATION DEVELOPMENT ACT
ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING.
PASSED AND ADOPTED this 21 st day of May, 2007 by the following vote:
AYES: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO,
AND PINHEIRO
NOES: NONE
ABSENT: NONE
Notice of Acceptance of Completion, Property Improvement Agreement No. 2005-
18, Tract 9593 - Carriage Hills III, Phase B, Wild Iris Drive, APN: 783-52-011, Santa
Clara County New Communities.
Notice of Acceptance of Completion, Property Improvement Agreement No. 2004-
23, Tract 9575 - Carriage Hills III, Phase A, Wild Iris Drive, APN: 783-52-011, Santa
Clara County New Communities II, LLC.
A Resolution of the City Council of the City of Gilroy authorizing the filing of an
application with the Santa Clara Valley Transportation Authority for allocation of Local
Streets and County Roads Program funds.
Motion was made by Councilman Arellano, seconded by Councilman Bracco and
carried to adopt a resolution authorizing the filing of an application with the Santa Clara
Valley Transportation Authority for allocation of Local Streets and County Roads
Program funds.
RESOLUTION 2007-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE FILING OF AN APPLICATION WITH THE SANTA CLARA
VALLEY TRANSPORTATION AUTHORITY FOR ALLOCATION OF LOCAL
STREETS AND COUNTY ROADS PROGRAM FUNDS.
PASSED AND ADOPTED this 21st day of May, 2007 by the following vote:
A YES: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO,
AND PINHEIRO
NOES: NONE
ABSENT: NONE
Bids and Proposals
Recommendation to award the bid for Seventh Street Site & Building demolition for
the Gilroy Center for the Arts, Project No. 07-CDD-139, to Randazzo Enterprises, Inc. in
the amount of $52,840.00.
City Administrator Baksa presented a recommendation to award the bid for Seventh
Street Site & Building demolition for the Gilroy Center for the Arts, Project No. 07-
CDD-139, to Randazzo Enterprises, Inc. in the amount of $52,840.00.
Project Engineer Headley further explained the item.
Motion was made by Councilman Bracco, seconded by Councilman Arellano and
carried to award the bid for Seventh Street site & building demolition for the Gilroy
Center for the Arts, Project No. 07-CDD-139, to Randazzo Enterprises, Inc. in the
amount of $52,840.00.
Zoning Ordinance
Review of proposed text amendments to modify Zoning Ordinance Section 41, titled
Performance Standards, in order to incorporate noise standards consistent with policy
provisions found within the City's General Plan.
8659
City Administrator Baksa spoke on past workshops on the item and the complexity of
compliance with the City's General Plan.
The staff report was noted and further explained by Planning Division Manager Faus.
Motion was made by Councilman Valiquette, seconded by Councilman Arellano and
carried (Councilman Gartman voting no) to direct staff to prepare an ordinance
modifying Zoning Ordinance Section 41, titled Performance Standards.
Ordinance Codification
Request for review for development of a Social Host Ordinance to assist in reducing
underage drinking.
The staff report was noted and further explained by Police Chief Giusiana.
City Administrator Baksa spoke on the ordinance and need to adopt an emergency
ordinance first, due to the timing of graduation parties.
Francisco Dominguez spoke on the need for discussion on the issue of teen drinking
and asked that the City work with the community on prevention by providing public
information.
Dina Campeau spoke on under-aged drinking and the link to drug addiction and the
need for adults to take responsibility to prevent it.
Motion was made by Councilman Bracco, seconded by Councilman Valiquette and
carried (Councilman Gartman voting no) to direct staff to prepare a Social Host
Ordinance with the changes to increase the fees and eliminate the landlord language, with
a review in one year as suggested by Council.
City Administrator's Report
City Administrator Baksa provided the Council with several memos and shared a
workshop date of June 6th. He then suggested June 12th at 6:00 p.m. as the date for the
Council tour of Gilroy Gardens.
City Attorney's Report
There was no report provided.
Council Members Report
Councilmember Bracco shared the success of the downtown opening celebration.
Councilman Arellano agreed that the event was a success.
Councilman Gartman also agreed that the event was a success and then shared the
plans for the Memorial Day parade and activities on Saturday.
Mayor's Report
Commissions/Boards
Request to join a School District/Developer/Council Task Force regarding school
impact funds. Council agreed to appoint Mayor Pinheiro and Councilman Gartman as
members and Councilmen Valiquette and Velasco as alternates to the School
District/Developer/Council Task Force.
Residential Development Ordinance
Council's direction was to delay the RDO timetable to September.
Blight Ordinance
Request to direct staff to prepare an ordinance directing vacant storefronts in the
downtown area to not allow their window area to become blighted, and to allow non-
profit agencies to advertise upcoming events in the window area.
Council's recommendation was to contact the Downtown Business Association and
the Economic Development Association to address the issue.
8660
Adjourn to Closed Session Public Employee Appointment
Pursuant to Government Code Section 54957
Title: Finance Director
At 8:49 p.m. the Council adjourned into Closed Session.
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 there was no reportable action.
*Meeting will be televised on Channel 17
MAY 2007
21 Study Session - Discussion with VTA and Closed Session - 5:30 p.m., Gilroy
City Council Chambers
21 * Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
23 Study Session - Budget - 7:00 p.m., Gilroy City Council Chambers
30 Workshop on Council Visioning - 6:00 p.m., Gilroy City Council Chambers
JUNE 2007
4 Study Session - UUT Ordinance - 6:00 p.m., Gilroy City Council Chambers
4* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
6 Workshop-Downtown Incentives -7:00 p.m., Gilroy City Council Chambers
12 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
11 Study Session-Review of the Construction and Demolition Ordinance - 6:00 p.m.,
Gilroy City Council Chambers
11 * Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
18 Regular City Council Meeting - (MOVED TO JUNE 11)
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
JUL Y 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
20 Mini-Policy Summit - 8:00 a.m., Police Department Community Room
24 SCR W A Meeting - 7 :30 a.m., 1500 Southside Drive, Gilroy
AUGUST 2007
6* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
14 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
20* Regular City Council Meeting - (CANCELLED)
28 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
The Mayor adjourned the meeting to the meeting of J"une 41' 2007. I
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Deputy City Clerk