Minutes 2007/06/04
8661
Regular Meeting
June 04, 2007
Gilroy, California
Mayor Pinheiro led the Pledge of Allegiance to the flag.
Father Justin Le of Saint Mary's Catholic Church gave the invocation.
Deputy City Clerk Serna noted that the agenda had been posted on May 30, 2007
at 3: 10 p.m. and the addendum was posted on May 31, 2007 at 2: 10 p.m.
Roll Call
Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette;
Roland Velasco; Al Pinheiro - 7:09 p.m.
Orders of the Day
There were no changes to the agenda.
Presentations & Proclamations
Mayor Pinheiro presented a Volunteer of the Month A ward for April, 2007 to
Alicia Mont.
Mayor Pinheiro presented the Employee Award for the Month of May, 2007 to
Rhonda Pellin, City Clerk, Administrative Services Department.
Mayor Pinheiro presented a Certificate of Recognition to Rhonda Pellin, City Clerk,
from the City Clerks Association of California.
Mayor Pinheiro presented the Visionary Award to Rhonda Pellin, City Clerk, from
Laserfiche.
Mayor Pinheiro presented the Team of the Month Award to Wellness Committee
Members: Arlene Jeske, Cindie Taylor, Jose Muniz, Gloria Gilleland, Wendie Rooney,
Steve Beams, and Shawna Serna. (Members not present - Joe Kline, Noni Barberi, Paula
Soto and Rosanna Maestri)
Mayor Pinheiro noted a Certificate of Recognition for Jasmine Robles, Gilroy High
School, as a recipient of the 2007 Ronald McDonald House Charities, Scholarship, which
was previously presented to the recipient.
Mayor Pinheiro noted a Certificate of Recognition for Jairo Avalos, Gilroy High
School, as a recipient of the 2007 Ronald McDonald House Charities Scholarship, which
was previously presented to the recipient.
Planning Commission report on activities.
Planning Commission Chair Day presented the Planning Commission report on
activities.
Youth Commission report on activities.
Rachel Tenney, Shawnie Hewell and Tania Reynolds presented the Youth
Commission report.
Gandi Holson spoke regarding individuals riding bicycles on City sidewalks and
nearly being hit. She then spoke on the black monitors on Church Street, and stated that
cameras were needed to monitor vehicle traffic on the street.
Consent Calendar
Motion was made by Councilman Velasco, seconded by Councilman Arellano and
carried that the following items under the Consent Calendar be approved, amending Item
IILA., pg. 5, paragraph 5, as to the spelling of Dominguez, by the following vote: Ayes:
Arellano, Bracco, Correa, Gartman, Valiquette, Velasco and Pinheiro.
Minutes of the Regular Council Meeting of May 21,2007 (as amended).
8662
A Resolution of the City Council of the City of Gilroy approving a one-year
extension for TM 04-13, a Tentative Map to subdivide an approximately 4.85 acre site
into 19 commercial and residential lots located at 9435 Monterey Road, north of Farrell
Avenue, APN 790-07-011. Salvatore Oliveri, applicant.
RESOLUTION 2007-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A ONE-YEAR EXTENSION FOR TM 04-13, A TENTATIVE MAP TO
SUBDIVIDE AN APPROXIMATELY 4.85 ACRE SITE INTO 19 COMMERCIAL
AND RESIDENTIAL LOTS LOCATED AT 9435 MONTEREY ROAD, NORTH OF
FARRELL AVENUE, APN 790-07-011.
PASSED AND ADOPTED this 4th day of June, 2007 by the following vote:
AYES: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO
AND PINHEIRO
NOES: NONE
ABSENT: NONE
Appointment of Christina Turner to the position of Co-Finance Director.
Recommendation to direct staff to purchase Below Market Rate (BMR) units within
the Village Green development and authorize the City Administrator to facilitate the
processes to complete the transactions, including contract execution and deed acceptance
for both properties.
Notice of Acceptance of Completion, Property Improvement Agreement No. 2004-
21, Tract No. 9615, The Highlands Remainder II - Eagle Ridge, APN: 810-43-006 and
810-61-027, Santa Teresa Properties, LLC & The Old Orchard Company, A California
Corporation.
Denial of Claims ofIgnacio Escobar, Martha Foster, Richard Galvan, and Patricia
Michelini.
Weed Abatement
A Public Hearing to consider annual destruction or removal of weeds and/or refuse
constituting a public nuisance in the City of Gilroy.
The Staff report was noted and further explained by Fire Marshal Bretschneider.
Mayor Pinheiro opened the Public Hearing.
There were no public comments.
Mayor Pinheiro closed the Public Hearing.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried to adopt a resolution instructing the Fire Chief to abate the nuisance arising out of
weeds growing upon lots or in front of properties in the City.
RESOLUTION 2007-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ORDERING THE FIRE CHIEF TO ABATE THE NUISANCE ARISING OUT OF
WEEDS GROWING AND REFUSE ACCUMULATING UPON PROPERTY IN THE
CITY OF GILORY, PURSUANT TO SECTION 12.51 OF THE GILROY CITY CODE
PASSED AND ADOPTED this 4th day of June, 2007 by the following vote:
AYES: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO
AND PINHEIRO
NOES: NONE
ABSENT: NONE
Chris Cote
Gilroy Independence at Hanna Square (TM 06-15) - Review of Condition of
Approval #62.
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The staff report was noted and further explained by City Administrator Baksa.
Chris Cote spoke on his request explaining that the condition number was #61.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to direct staff to amend the resolution deleting condition #61 for Gilroy
Independence at Hanna Square.
Train Service
Discussion and possible action on the California High Speed Rail.
Mayor Pinheiro explained the item, sharing possible language for the motion.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to approve the Pacheco Pass alignment option via Gilroy for the California High
Speed Rail and the City of Gilroy reserves the right to comment and input our concerns
about the rail line and station location, the cost sharing for improvements in the Gilroy
area and any other environmental issues brought forward in the environmental document.
Ordinance Codification
An Emergency Ordinance of the City Council of the City of Gilroy amending the City
Code by adding a new Chapter 19.C entitled "Social Host Accountability" to reduce
underage drinking and authorizing the imposition of administrative penalties and fees for
cost recovery for Public Safety responses to unruly gatherings.
The staff report was noted and further explained by City Administrator Baksa.
Susie Law spoke in support of the City addressing the issue and adopting the
ordnance.
Dina Campeau spoke in support of the ordinance asking for clarification on language
in the ordinance.
Motion was made by Councilman Velasco, seconded by Councilman Bracco and
carried (Councilman Gartman voting no) to adopt an Emergency Ordinance of the City
Council of the City of Gilroy amending the City Code by adding a new Chapter 19.C
entitled "Social Host Accountability" to reduce underage drinking and authorizing the
imposition of administrative penalties and fees for cost recovery for Public Safety
responses to unruly gatherings.
ORDINANCE 2007-14
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 19.C
ENTITLED "SOCIAL HOST ACCOUNTABILITY" TO REDUCE UNDERAGE
DRINKING AND AUTHORIZING THE IMPOSITION OF ADMINISTRATIVE
PENALTIES AND FEES FOR COST RECOVERY FOR PUBLIC SAFETY
RESPONSES TO UNRULY GATHERINGS.
PASSED AND ADOPTED this 4th day of June, 2007 by the following vote:
AYES: ARELLANO, BRACCO, CORREA, VALIQUETTE, VELASCO AND
PINHEIRO
NOES: GARTMAN
ABSENT: NONE
Ordinance Codification
An Ordinance of the City Council of the City of Gilroy amending the City Code by
adding a new Chapter 19.C entitled "Social Host Accountability" to reduce underage
drinking and authorizing the imposition of administrative penalties and fees for cost
recovery for Public Safety responses to unruly gatherings.
City Administrator Baksa further explained the item.
Motion was made by Councilman Bracco, seconded by Councilman Correa and
carried to read the ordinance by title only and waive further reading of the ordinance.
Deputy City Clerk Serna read the ordinance by title only.
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Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried (Councilman Gartman voting no) to introduce an Ordinance of the City Council
of the City of Gilroy amending the City Code by adding a new Chapter 19. C entitled
"Social Host Accountability" to reduce underage drinking and authorizing the imposition
of administrative penalties and fees for cost recovery for Public Safety responses to
unruly gatherings.
Zoning Ordinance
An Ordinance of the City Council of the City of Gilroy amending Gilroy Zoning
Ordinance Section 41, Performance Standards, to incorporate noise standards consistent
with requirements of the General Plan. Z 06-05.
Motion was made by Councilman Correa, seconded by Councilman Bracco and
carried to read the ordinance by title only and waive further reading ofthe ordinance.
Deputy City Clerk Serna read the ordinance by title only.
Motion was made by Councilman Correa, seconded by Councilman Bracco and
carried (Councilman Gartman voting no) to introduce an Ordinance of the City Council
of the City of Gilroy amending Gilroy Zoning Ordinance Section 41, Performance
Standards, to incorporate noise standards consistent with requirements of the General
Plan. Z 06-05.
City Administrator's Report
City Administrator Baksa spoke on the Coyote Valley meeting hosted by the City of
Morgan Hill on June 20th, 2007 at 5:00 p.m., asking if any members of the Council
would be interested in attending. He then stated that he would provide the Cultural Center
Update at the June 11, 2007 meeting.
Council Members Report
Councilman Gartman spoke on the need to install lights on the Uvas Trail system,
giving suggestions on possible funding resources and various types of lighting systems.
He then asked that the Council address the issue on a future agenda for potential action.
The Council agreed to agendize the item for the next retreat.
Councilman Gartman thanked everyone who helped with the Memorial Day event
and shared the successes of the day.
Councilman Arellano spoke on a letter the Councilmembers had received from the
Air Resources Board. He then asked if the City could join the Joint Venture Task Force
and spoke on the possibility of a Councilman attending the Green Building Policy
Workshop in San Jose. He then publicly apologized to Mayor Pinheiro for his reaction to
the Mayor's suggestions for the downtown storefronts at the previous meeting. He
explained that he supported all Councilmembers bringing forward their ideas to the
Council.
Mayor's Report
Mayor Pinheiro thanked everyone who had participated in the Memorial Day event,
sharing the success of the day.
Closed Session took place prior to the regular meeting at 6: 15 p.m.
Closed Session
Conference with Real Property negotiators
Pursuant to Government Code Section 54956.8
Property: 3050 Hecker Pass Highway, Gilroy, California
Agency Negotiators: Jay Baksa and Linda Callon
Negotiating Parties: Gilroy Gardens Family Theme Park
Matter Under Negotiation: Acquisition
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.
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There was no reportable action taken.
*Meeting will be televised on Channel 17
JUNE 2007
4 Study Session - High Speed Rail- 5:00 p.m., Gilroy City Council Chambers
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 Study Session - Downtown Incentives & Hecker Pass Slope Grading/Retaining
Wall Discussion - 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)
18 Special City Council Meeting - Public Hearing on the Budget - 6:00 p.m., Gilroy City
Council Chambers
18 Study Session - PUD Amenities Ordinance, Contracting In IT Services & Unfunded
Pension Liability - to follow the special meeting, Gilroy City Council Chambers
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
JULY 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 SCRW 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 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
20* Regular City Council Meeting - (CANCELLED)
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
SEPTEMBER 2007
10* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
11 SCR W A Meeting - 7 :30 a.m., 1500 Southside Drive, Gilroy
17* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment /
At 8:23 p.m. the Mayor adjourned the me~ng to the meeting of June 11,2007.
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DepUty City Clerk