Minutes 2006/04/03
8505
Regular Meeting
April 03,2006
Gilroy, California
The Mayor led the Pledge of Allegiance to the flag.
Pastor Bruce Rowlison, Gilroy Presbyterian Church, gave the invocation.
City Clerk Pellin noted that the agenda had been posted on March 29,2006 at
1:35 p.m. and the addendum to the agenda had been posted on March 31, 2006 at
10:05 a.m.
Roll Call
Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette;
Roland Velasco; Al Pinheiro - 7:00 p.m.
The Mayor announced that the Council had adjourned from a Closed Session
regarding Conference with Legal Counsel - Existing Litigation pursuant to Government
Code Section 54956.9(a) and that no action had been taken (the closed session regarding
Conference with Labor Negotiator was cancelled).
Orders of the Day
The Mayor announced that this meeting would be adjourned in memory of Personnel
Commissioner John Young and Senator Al Alquist.
Introductions
The following new employee was introduced: Winona Barbieri, Office Assistant I,
Police Department.
Presentations & Proclamations
The Mayor presented the Volunteer of the Month March, 2006 award to
Linda Scariot-Myers.
The Mayor presented a proclamation to City Clerk Rhonda PeIlin for Voter Education
Month - April, 2006.
The Mayor presented a proclamation to Evan Low for National Volunteer Month -
April, 2006.
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 comments by the public.
Consent Calendar
Motion was made by Councilman Valiquette, seconded by Councilman Gartman and
carried to approve the Consent Calendar.
Minutes of the Regular Council Meeting of March 20,2006.
Approved Budget Amendments/Transfers.
Denied claims of William Griffiths, Maureen Hunter, Interstate Distributor Company,
and USAA as subrogee for Fredrick Collom.
Resolution of the City Council of the City of Gilroy authorizing the filing of an
application for Federal Surface Transportation Program Funding for Forest Street
Pavement Rehabilitation and committing the necessary non-federal match for the
projects(s) and stating the assurance of the City of Gilroy to complete the project.
RESOLUTION NO. 2006-21
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURF ACE
TRANSPORT ATION PROGRAM FUNDING FOR FOREST STREET PAVEMENT
REHABILITATION AND COMMITTING THE NECESSARY NON-FEDERAL
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MATCH FOR THE PROJECTS(S) AND STATING THE ASSURANCE OF THE CITY
OF GILROY TO COMPLETE THE PROJECT.
PASSED AND ADOPTED this 3rd day of April, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Resolution of the City Council of the City of Gilroy declaring certain weeds growing
in the City of Gilroy to be a public nuisance, describing weeds which constitute such
nuisance, setting a hearing for objections to the proposed destruction or removal of said
weeds, and providing for giving notice of the adoption of the resolution by publication
thereof
RESOLUTION NO. 2006-22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING CERTAIN WEEDS GROWING IN THE CITY OF GILROY TO BE A
PUBLIC NUISANCE, DESCRIBING WEEDS WHICH CONSTITUTE SUCH
NUISANCE, SETTING A HEARING FOR OBJECTIONS TO THE PROPOSED
DESTRUCTION OR REMOVAL OF SAID WEEDS, AND PROVIDING FOR GIVING
NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION
THEREOF.
PASSED AND ADOPTED this 3rd day of April, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Request to reappoint Thomas Muniz to the VT A's Bicycle & Pedestrian Advisory
Committee.
Hecker Pass Specific Plan Area Road Alignment affirmation of action taken on
March 22,2006 study session selecting Alternative 7.
A Resolution of the City Council of the City of Gilroy approving SPE 04-06 for a
Small Project Exemption from the Residential Development Ordinance for 10 residential
units with one existing single-family home to remain on approximately 4 acres at 5875
Miller Avenue (west of the Miller, Thomas, and Mesa Road intersection),
APNs 810-28-014 and -015.
RESOLUTION NO. 2006-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SPE 04-06 FOR A SMALL PROJECT EXEMPTION FROM THE
RESIDENTIAL DEVELOPMENT ORDINANCE FOR 10 RESIDENTIAL UNITS
WITH ONE EXISTING SINGLE-F AMIL Y HOME TO REMAIN ON
APPROXIMATELY 4 ACRES AT 5875 MILLER AVENUE (WEST OF THE
MILLER, THOMAS, AND MESA ROAD INTERSECTION), APNS 810-28-014
AND -015.
PASSED AND ADOPTED this 3rd day of April, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNC~MEMBERS: NONE
Bids and Proposals
City of Gilroy - City Vehicles and Equipment
Recommendation to award the bid for one (1) 2007 Chevrolet Suburban 4WD - Bid
#06-ASD-126, to Gilroy Chevrolet in the amount of$40,153.17.
City Administrator Baksa presented a recommendation to award the bid for one (1)
2007 Chevrolet Suburban 4WD - Bid #06-ASD-126, to Gilroy Chevrolet in the amount
of $40, 153.17.
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Motion was made by Councilman Correa, seconded by Councilman Valiquette and
carried to award the bid for one (1) 2007 Chevrolet Suburban 4WD - Bid #06-ASD-126,
to Gilroy Chevrolet in the amount of $40, 153.17.
Eagle Ridge Homeowners Association
Public Hearing to consider an Ordinance authorizing police enforcement of traffic
laws and the establishment ofa speed limit of30 miles per hour on Club Drive from
Santa Teresa Boulevard to the Eagle Ridge Golf Course Driveway.
The staff report was noted and further explained by City Transportation Engineer
Dey. He explained the speed survey procedure.
The Mayor opened the Public Hearing.
Eric Still stated that 30 mph is not a good idea on this roadway. He noted that he felt
that 25 mph should be the maximum. He questioned whether Club Drive is built to
standards. He stated that with the residents going 50 mph, moving the limit to 30 mph
would only encourage faster speeds.
Mark Jury stated that most cities are trying to reduce the speed, not increase the
speed. He requested the Council not raise the speed limit.
Mike Walker stated that he has been a police officer for 13 years, and urged the
Council to do whatever they can to enforce the traffic laws, even if the speed limit has to
go to 30 mph.
David Light, former president of the HOA, noted that they have put in various speed
calming techniques to no avail. He stated that with the Police presence, the speed should
be reduced. He also commented that they will be making some changes to the signage in
the subdivision. When asked if their private security could issue tickets, he stated that
they prefer not to have the private security do this.
The Mayor closed the Public Hearing.
Motion was made by Councilman Arellano, seconded by Councilman Velasco and
carried (Council members Bracco and Valiquette voting no) 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 Velasco, seconded by Councilman Arellano and
carried (Council members Bracco, Gartman, and Valiquette voting no) to introduce an
Ordinance of the City Council of the City of Gilroy making certain findings and
declarations pursuant to Section 21107.6 of the California Vehicle Code, authorizing the
City's Police Department to enforce the provisions of the Vehicle Code on Club Drive
from Santa Teresa Boulevard to the Eagle Ridge Golf Course Driveway, and establishing
a speed limit of thirty (30) miles per hour thereon.
Community Development Block Grant
Public Hearing to review the proposed 2006-2007 Community Development Block
Grant (CDBG) Public Service funding allocations (One-Year Action Plan).
The staff report was noted and further explained by HCD Coordinator Roaf and
Citizens Advisory Committee Chair Libby Lai.
The Mayor opened the Public Hearing.
Barry Del Buono, EHC, thanked the Committee and Council for the funding provided
so they can provide services to the citizens of Gilroy.
Libby Tait, Catholic Charities, thanked the City Council on behalf of Catholic
Charities for their continued support.
The Mayor closed the Public Hearing.
8508
Motion was made by Councilman Valiquette, seconded by Councilman Bracco and
carried to adopt Staff recommendations as follows, and to continue the Public Hearing to
May 1,2006 to consider adoption of the 2006-2007 CDBG funding allocations (One-
Year Action Plan).
Catholic Charities - Daybreak Respite & Care Giver Support Services $5,000
Catholic Charities - Long Term Care Ombudsman $5,000
Live Oak Adult Day Services - Adult Day Care $5,410
MACSA Employment: Project Independence $7,674
MACSA Summer Day Camp $15,716
Outreach & Escort, Inc. - Special Needs Transportation $4,000
Rebekah Children's Services - Teen Mom's Program $5,500
Second Harvest Food Bank - Operation Brown Bag $5,700
St. Joseph's Family Center - Employment Services $35,000
Community Solutions - La Isla Pacifica $8,000
Emergency Housing Consortium - Housing for Homeless Residents $15,000
St. Joseph's Family Center - Housing & Family Services $15,000
Silicon Valley Independent Living Center $5,000
South Valley Disposal and Recycling
Public Hearing to consider revision and adjustments of charges for the collection of
garbage, rubbish and refuse in the City of Gilroy.
Councilman Bracco recused himself from discussion and vote on this item due to
business interests with the applicant, stepped down from the dais and left the room.
The staff report was noted and further explained by City Administrator Baksa.
The Mayor opened the Public Hearing. There being no comments from the public,
the Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried (Councilman Bracco absent) to adopt Resolution No. 2006-24 setting maximum
charges for the collection of garbage, rubbish, refuse, and recyclable materials.
RESOLUTION NO. 2006-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SETTING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE,
RUBBISH, REFUSE, AND RECYCLABLE MATERIALS.
PASSED AND ADOPTED this 3rd day of April, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMrnMBERS: NONE
ABSENT: COUNCILMEMBERS: BRACCO
Councilman Bracco returned to his seat at the dais.
South County Housing
An Ordinance of the City Council of the City of Gilroy amending Gilroy Zoning
Ordinance Section 50.61(b)(3) to allow flexibility in the number of units exempted from
the provisions of the Residential Development Ordinance for non-profit developers.
South County Housing (c/o Karen Saunders), applicant, Z 06-01.
Mayor Pinheiro recused himself from discussion and vote on this item due to business
interests with the applicant, stepped down from the dais and left the room.
Dennis Lalor noted the request by the Council to continue this item until after the
May 3,2006 study session on Affordable Housing. He explained that this is not a
piecemeal project, and was very carefully done. He stated that the current delay would
put them past their contract date, which will cost them approximately $800 per day. He
stated that any further delay would have additional significant negative impacts. He
requested the City Council avoid any further delay and act on this request tonight.
8509
Motion was made by Councilman Arellano, seconded by Councilman Correa and
carried (Mayor Pinheiro absent) 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 Bracco and
carried (Councilmembers Gartman and Velasco voting no and Mayor Pinheiro absent) to
introduce an ordinance of the City Council of the City of Gilroy approving Z 06-01.
The Mayor returned to his seat at the dais.
City of Gilroy - General Plan
An Ordinance of the City Council of the City of Gilroy amending the Gilroy Zoning
Ordinance to conform to the newly adopted Downtown Specific Plan, City of Gilroy,
applicant, Z 06-02.
Motion was made by Councilman Arellano, 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 Velasco, seconded by Councilman Valiquette and
carried to introduce an ordinance of the City Council of the City of Gilroy approving
Z 06-02.
Commissions/Boards
Resignation of Howard Franklin, South County Joint Planning Advisory Committee
member.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to accept the resignation with regrets.
Motion was made by Councilman Velasco, seconded by Councilman Arellano and
carried to open recruitment for this opening.
Request to fill vacancy on the Personnel Commission due to the death of John Young.
Motion was made by Councilman Valiquette, seconded by Councilman Gartman and
carried to open recruitment for this opening.
City of Gilroy - Employee Retirement Plans
Request to approve an amendment to the contract between the Board of
Administration California Public Employees' Retirement System and the City Council,
City of Gilroy.
The staff report was noted and further explained by City Administrator Baksa.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried to adopt Resolution No. 2006-25 oflntention to approve an amendment to the
contract between the Board of Administration California Public Employees' Retirement
System and the City Council, City of Gilroy.
RESOLUTION NO. 2006-25
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OF
INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL, CITY OF GILROY.
PASSED AND ADOPTED this 3rd day of April, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Motion was made by Councilman Correa, seconded by Councilman Valiquette 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.
8510
Motion was made by Councilman Arellano, seconded by Councilman Valiquette and
carried to introduce an Ordinance of the City Council of the City of Gilroy Authorizing
an amendment to the Contract between the City Council of the City of Gilroy and the
Board of Administration of the California Public Employees' Retirement System.
City Administrator's Report
City Administrator Baksa noted the joint study session with the Gilroy Unified
School District Board of Education next Monday night. He also announced that there
will be a SCR W A meeting next week.
Council Members Report
Councilman Velasco asked if staff could provide additional information for the May
3,2006 Affordable Housing study session to include a City map showing all affordable
housing projects and note those adopted since 2000, the number of units approved, and
any other relevant information. He requested that staff also survey comparable cities to
see how many affordable units have been built in those cities since 2000.
Councilman Gartman distributed information regarding a general revenue bond for
repair of all sidewalks and gutters.
Councilman Valiquette distributed information placed in his mailbox on Saturday
regarding Gilroy High School's response to the recent walk-outs, and requested that this
be discussed at the workshop with the Gilroy Unified School Board on April 10, 2006.
Mayor's Report
Mayor Pinheiro noted the VT A meeting today that he attended, stating that they are
looking at an expenditure plan and to review priorities.
*Meeting will be televised on Channel 17
APRIL 2006
3 Closed Session - 6:00 p.m., Gilroy City Council Chambers
3* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 Quarterly Workshop with the Gilroy Unified School Board - 6:00 p.m., Gilroy City
Council Chambers
11 SCRW 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
MAY 2006
1 * Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
3 Joint City Council/Planning Commission Affordable Housing Workshop - 6:00 p.m.,
Senior Center Meeting Room
8* Budget Workshop - 6:00 p.m., Gilroy City Council Chambers
9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
JUNE 2006
5* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
(rescheduled from June 19,2006)
13 SCRWAMeeting -7:30 a.m., 1500 Souths ide Drive, Gilroy
27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Review of the RDO (Residential Development Ordinance) point system.
Adjournment
At 9.13 p.m. the Mayor adjourned the meeting to the meeting of April 17, 2006 in
memory of Personnel Commissioner John Young and Senator Al Alquist.
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Isl RHONDA PELLIN, CMC
City Clerk