Minutes 2006/05/15
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8520
Regular Meeting
May 15, 2006
Gilroy, California
The Mayor led the Pledge of Allegiance to the flag.
Pastor Mark Turner, South Valley Community Church, gave the invocation.
Deputy City Clerk Felice noted that the agenda had been posted on May 10, 2006 at
10:45 a.m.
Roll Call
Present: Peter Arellano~ Dion Bracco~ Paul Correa~ Craig Gartman; Russ Valiquette;
Al Pinheiro; Absent: Roland Velasco - 7:00 p.m.
Orders of the Day
The Mayor noted that Item I.D.IO. would be reagendized to a future meeting to award
Rick Smelser the Employee Award for the month of May, 2006.
Introductions
The following new employees were introduced: Bernardo Alvarez, Equipment
Mechanic, Administrative Services Department and Olga Murillo, Accounting Assistant
I, Administrative Services Department.
Presentations & Proclamations
The Mayor presented a proclamation for National Public Works Week - May 21-27,
2006 to Wendie Rooney and Carla Ruigh.
The Mayor presented a Certificate of Recognition to Firefighter/Paramedic Scott
MacDonald for being named Firefighter of the Year for 2006.
The Mayor noted that Onnicha Chutarat was the winner of the logo contest for "Keep
Gilroy Clean & Green. "
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The Mayor noted a presentation by Lisa Jensema, Environmental Programs
Coordinator, and Gena Pinheiro regarding the "Keep Gilroy Clean & Green" program.
The Mayor noted that a presentation by Pi Silverstein, Santa Clara County Registrar
of Voter's Office, on the new touch screen voting machine with printer would be
rescheduled to later in the meeting.
The Mayor noted a proclamation recognizing the Rotary Group Study Exchange
Team from Japan as honored guests of the City of Gilroy, which was previously
presented.
The Mayor noted a presentation by Jane Howard, newly appointed Executive
Director, regarding an update on the Gilroy Visitors Bureau.
The Mayor noted a presentation by Suzanne St. John-Crane regarding CMAP's 2005
Annual Report.
The Mayor presented the Volunteer of the Month of April, 2006 award to
Daniel Fortino.
The Mayor noted the Employee Award for the Month of May, 2006 to Rick Smelser,
City Engineer, Community Development Department would be rescheduled.
The Mayor presented the Team of the Month Award to Judi Brem, Lynne Conrotto,
Karen Pogue, and Angie Rubio, and also Susan Voss, who was unable to attend.
The Mayor noted a presentation by Pi Silverstein, Santa Clara County Registrar of
Voter's Office, on the new touch screen voting machine with printer.
Presentations by members of the public for items not on the agenda, but within the subject matter
jurisdiction of the City Council.
Shannon W olmock spoke regarding the traffic growth in regards to the increase on
Church Street. She noted that residents suffer from pollutants from diesel fuel and brake
dust. She asked that an environmental study be done regarding the increased traffic on
Church Street.
Otto Leidreiter noted his concerns regarding the senior citizen water rates being
restricted by income levels.
Consent Calendar
Motion was made by Councilman Valiquette, seconded by Councilman Correa and
carried (Councilman Velasco absent) to approve the Consent Calendar.
Minutes of the Regular Council Meeting of May 1,2006.
Recommendation to Approve Budget Amendments/Transfers.
A Resolution of the City Council of the City of Gilroy approving a third and final
one-year extension for TM 01-04, a Tentative Map to subdivide an approximately 30-
acre site into 13 industrial lots located on Monterey Road, south of Travel Park Circle,
APNs 841-14-026 and 027. Gennero Filice, applicant.
RESOLUTION NO. 2006-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A TIDRD AND FINAL ONE-YEAR EXTENSION FOR TM 01-04, A
TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 30-ACRE SITE INTO
13 INDUSTRIAL LOTS LOCATED ON MONTEREY ROAD, SOUTH OF TRAVEL
PARK CIRCLE, APNS 841-14-026 AND 027. GENNERO FILICE, APPLICANT.
PASSED AND ADOPTED this 15th day of May, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
8522
An Ordinance of the City Council of the City of Gilroy amending Chapter 1 of the
Gilroy City Code entitled "General Provisions" by adding new sections 1.8 through 1.12,
entitled "Tort Claim Filing Requirements."
ORDINANCE NO. 2006-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING CHAPTER 1 OF THE GILROY CITY CODE ENTITLED "GENERAL
PROVISIONS" BY ADDING NEW SECTIONS 1.8 THROUGH 1.12, ENTITLED
"TORT CLAIM FILING REQUIREMENTS."
PASSED AND ADOPTED this 15th day of May, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Request to cancel the City Council meeting for August 21,2006.
Property Improvement Agreement No.: 2006-09, Tract 9594 - Mesa Ridge, APN:
810-28-001, Mesa Ridge 2004, Inc.
A Resolution of the City Council of the City of Gilroy setting the annual fireworks
service fee for impacts on City Fire and Police services related to the sale and use of safe
and sane fireworks pursuant to City Code Chapter lOA.
RESOLUTION NO. 2006-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SETTING THE ANNUAL FIREWORKS SERVICE FEE FOR IMPACTS ON CITY
FIRE AND POLICE SERVICES RELATED TO THE SALE AND USE OF SAFE AND
SANE FIREWORKS PURSUANT TO CITY CODE CHAPTER lOA.
PASSED AND ADOPTED this 15th day of May, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Renewal of CMAP (Community Media Access Partnership )/cities of Gilroy, Hollister
and San Juan Bautista contract.
Bids and Proposals
Recommendation to award a tag-on bid for one (1) 1,500 GPM Custom Type 1
Pumper Fire Truck, to Hi-Tech Emergency Vehicle Service, Inc. in the amount of
$442,177.44.
City Administrator Baksa presented a recommendation to award a tag-on bid for one
(1) 1,500 GPM Custom Type 1 Pumper Fire Truck, to Hi-Tech Emergency Vehicle
Service, Inc. in the amount of $442, 177.44.
Motion was made by Councilman Bracco, seconded by Councilman Valiquette and
carried (Councilman Velasco absent) to award a tag-on bid for one (1) 1,500 GPM
Custom Type 1 Pumper Fire Truck, to Hi-Tech Emergency Vehicle Service, Inc. in the
amount of $442, 177.44.
The Mayor questioned the administrative citation process and increasing the fines for
the citations, specifically for illegal fireworks citations. City Administrator Baksa stated
that he would check on this and report back.
Recommendation to award the bid for one (1) 2006 Ford F-350 2WD SuperCab and
Chassis, Bid #06-ASD-128, to Bob Lynch Ford in the amount of$40,391.93.
City Administrator Baksa presented a recommendation to award the bid for one (1)
2006 Ford F-350 2WD SuperCab and Chassis, Bid #06-ASD-128, to Bob Lynch Ford in
the amount of$40,391.93.
8523
Motion was made by Councilman Valiquette, seconded by Councilman Arellano and
carried (Councilman Velasco absent) to award the bid for one (1) 2006 Ford F-350 2WD
SuperCab and Chassis, Bid #06-ASD-128, to Bob Lynch Ford in the amount of
$40,391.93.
Acknowledgment to purchase 911 Communication Center Console & Office
Furniture, project #06-RFP-PD-321 and 911 Telephone Equipment, project #06-RFP-PD-
322 for the new Police Department with State 911 funding.
City Administrator Baksa noted the purchase of911 Communication Center Console
& Office Furniture, project #06-RFP-PD-321 and 911 Telephone Equipment, project
#06-RFP-PD-322 for the new Police Department to be purchased with State 911 funds.
Motion was made by Councilman Arellano, seconded by Councilman Valiquette and
carried (Councilman Velasco absent) acknowledging receipt of the purchase information.
Glen Loma Group
A continued Public Hearing on a Tentative Map request to subdivide approximately
24.5 acres into 107 single family residential lots at Rancho Hills/Deer Park Phase III, on
property zoned RI-PUD (Single Family Residential-Planned Unit Development), located
at Sunrise Drive and Santa Teresa Boulevard. Glen Loma Group (c/o John Filice),
applicant, TM 05-02.
Architectural & Site request to allow the construction of 107 single family homes at
Rancho Hills/Deer Park Phase III, on approximately 24.5 acres on property zoned R1-
PUD (Single Family Residential-Planned Unit Development), located at Sunrise Drive
and Santa Teresa Boulevard. Glen Loma Group (c/o John Filice), applicant,
NS-PUD 05-29.
John Donahoe reviewed the alternatives for the proposed sound attenuation issue,
safety and right-of-way issues, issues regarding the future widening of Santa Teresa
Boulevard, and maintenance issues.
Motion was made by Councilman Correa, seconded by Councilman Valiquette and
carried (Councilman Velasco absent) to continue TM 05-02 and NS-PUD 05-29 to
June 5, 2006.
At 8:35 p.m. the Mayor called for a recess, after which he recalled the meeting to
order.
South County Housing
Public Hearing on a Tentative Map request to sub-divide 12.84 acres into 78
commercial and residential lots, on property zoned Cannery District, located at 111 Lewis
Street (old cannery). South County Housing, c/o Nancy Wright, applicant, TM 05-03.
Architectural & Site request to allow the construction of a commercial and residential
mixed use complex, on property zoned Cannery District, located at 111 Lewis Street (old
cannery). South County Housing, c/o Nancy Wright, applicant, NS-PUD 05-02.
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.
The staff report was noted and further explained by Planner II Polubinsky.
Mayor Protempore Valiquette opened the Public Hearing.
Nancy Wright reviewed the project layout and explained that they felt that this was
the right approach to take to incorporate the residential area into the urban downtown
area.
Mayor Protempore Valiquette closed the Public Hearing.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried (Councilman Velasco and Mayor Pinheiro absent) to continue TM 05-03 and
A/S-PUD 05-02 to June 5, 2006.
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Councilman Correa requested the issue of the Downtown Specific Plan be agendized
for discussion at the next mini-Policy Summit.
Mayor Pinheiro returned to his seat at the dais.
Garlic Festival Association
Public Hearing on a Tentative Map request to sub-divide a mixed use commercial and
residential building into twenty four (24) residential units and eight (8) commercial units,
on property zoned DHD (Downtown Historic District), located at 7600 Monterey Street.
Garlic Festival, c/o Jeff Martin, applicant, TM 06-04.
The staff report was noted and further explained by Planner II Polubinsky
The Mayor opened the Public Hearing.
Larry Cope stated that they support this at the project level as it brings more
residential into the downtown area and enhances the retail area.
The Mayor closed the Public Hearing.
Motion was made by Councilman Correa, seconded by Councilman Valiquette and
carried (Councilman Velasco absent) to direct staff to prepare a resolution approving
TM 06-04.
City of Gilroy - Zoning Ordinance
Public Hearing on a Zoning Ordinance Amendment to include noise standards for
land uses consistent with the requirements of the General Plan. City of Gilroy, c/o
Cydney Casper, applicant, Z 06-05.
The staff report was noted and further explained by Planner II Casper.
The Mayor opened the Public Hearing.
Virginia Camino spoke regarding the noise generated by the neighbor's pool pump
andequipment. She stated that this ordinance should also cover air conditioning
equipment.
The Mayor closed the Public Hearing.
Motion was made by Councilman Bracco, seconded by Councilman Valiquette and
carried (Councilman Velasco absent) to direct staff to prepare an ordinance approving \
Z 06-05, with several amendments.
The James Group
An Ordinance of the City Council of the City of Gilroy approving application Z 05-17
for a change in zoning designation from Rl (Single Family Residential) to R3/PUD
(Medium Density ResidentiallPlanned Unit Development) on approximately 1.45 acres
located at 9025 Kern Avenue, north ofMantelli Drive, APN 790-04-090.
The James Group, applicant.
Motion was made by Councilman Valiquette, seconded by Councilman Correa and
carried (Councilman Velasco absent) to read the ordinance by title only and waive further
reading of the Ordinance. Deputy City Clerk Felice read the Ordinance by title only.
Motion was made by Councilman Valiquette, seconded by Councilman Correa and
carried (Councilman Velasco absent) to introduce an Ordinance of the City Council of
the City of Gilroy approving Z 05-17.
McCarthy Gilroy
Architectural & Site request to allow the construction ofa new 145,715 square foot
shopping center, on property zoned HC-M2-PUD (Highway Commercial-General
Industrial-Planned Unit Development), located at the southeast and southwest corners of
Cameron Boulevard and Highway 152. McCarthy Gilroy, LLC, clo Joey McCarthy,
applicant, AlS-PUD 06-01.
The staff report was noted and further explained by Planner II Durkin.
8525
Joey McCarthy stated that the LED sign will be a win-win situation for their
development and the City. He stated that there will be CC&Rsfor the center stating that
they will be responsible for maintaining the sign in a functional manner.
Larry Cope stated that he is in support of this project.
Motion was made by Councilman Bracco, seconded by Councilman Gartman and
carried (Councilman Arellano voting no and Councilman Velasco absent) to direct staff
to prepare a resolution approving A/S-PUD 06-01, with an agreement between the
developer and the City regarding maintenance of the LED sign.
City Administrator's Report
City Administrator Baksa distributed a draft report from Community Development
Director Rooney regarding Economic Incentives on jobs for next Monday's study session.
He offered to have Council members come in to talk to him about any questions before
Thursday's study session.
Council Members Report
Councilman Bracco stated that Pastor Turner from South Valley Community Church,
Victory Outreach, and several other churches have teamed up for Adopt a Block and
mowed 25 yards and cleaned up 30 other yards and filled up four dumpsters. He noted
that they also gave out clothes and food.
Councilman Arellano stated that it is Fire Safety Month and wanted to make sure that
the properties in the west side of Gilroy in the hillsides are aware that they need to keep
their properties fire safe. He was told that Fire Education will be promoting that with
outreach.
Councilman Gartman stated that he sat in on a Sidewalk Task Force meeting and
asked that the Council be given an update on their progress with costs for each of the
types of work to be done. He also asked for an up-to-date number of citizens on the
waiting list on the 50/50 program. He stated that the Memorial Day event is in two
weeks, and stated that if you haven't sent your application in, you still have time.
Mayor's Report
The Mayor thanked the Exchange Club for taking the time to honor the Police and
Fire officers in our area. He also congratulated the Hispanic Chamber for the
Ambassador Ball and this year's ambassador for her poem. He thanked downtown and
the merchants for putting together Easy Street, noting a local citizen won over $3,000 in
prizes. He invited everyone to the park grand openings on Saturday. He reminded the
Council of the study session on May 18, 2006 and the three items on the study session for
May 22, 2006.
*Meeting will be televised on Channel 17.
MAY 2006
15 Study Session - EI Rancho San Benito - 6:00 p.m., Gilroy City Council Chambers
15* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
18* Budget Workshop - 5:00 p.m., Gilroy City Council Chambers
22 Report on Gang ActivitylEconomic Incentives Discussion/Soundwalls Discussion -
6:00 p.m., Gilroy City Council Chambers
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
JUNE 2006
5 Interviews-Board/Committee/Commission-6:00 p.m., Gilroy City Council Chambers
5* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
6 Joint City Council/Planning Commission/Gilroy Unified School District Board of
Education Workshop on Christopher High School-7:00 p.m., Gilroy City Council
Chambers
7* Public Budget Presentation -7:00 p.m., Gilroy City Council Chambers
12 Study Session - Unreinforced Masonry Buildings - 6:00 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 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
8526
JULY 2006
3* Regular City Council Meeting - (CANCELLED)
11 SCRWAMeeting - 7:30 a.m., 1500 Southside Drive, Gilroy
14 Mini-Policy Summit - 8:00 a.m., Corporation Yard Meeting Room, 613 Old Gilroy
Street
17 Study Session - Sprinkler Ordinance - 6:00 p.m., Gilroy City Council Chambers
17* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
At 11: 10 p.m. the Mayor adjourned the meeting to the meeting of June 5, 2006.
, Iv."M
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Deputy City Clerk