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Minutes 2006/09/18 8558 Regular Meeting September 18, 2006 Gilroy, California Mayor Pinheiro announced that the Council had adjourned from a Closed Session regarding Conference with Labor Negotiator pursuant to Government Code Section 54957.6 and that no action had been taken. Mayor Pinheiro led the Pledge of Allegiance to the flag. Father Dan Derry, St. Mary's Catholic Church, gave the invocation. City Clerk Pellin noted that the agenda had been posted on September 13,2006 at 2:25 p.m. and the revised agenda was posted on September 15, 2006 at 3:50 p.m. Roll Call Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette; Roland Velasco; Al Pinheiro - 7:25 p.m. Orders of the Day Mayor Pinheiro announced that the Noise Ordinance would be tabled at this meeting, but a Study Session will be held on October 9, 2006 to review it. Introductions The following new employees were introduced: Luis Urenda, Maintenance Worker Assistant, Community Services Department; Daniel Hyland, Firefighter/Paramedic II, Fire Department; Jon Bui, Firefighter/Paramedic II, Fire Department; Steven Hayes, Firefighter/Paramedic II, Fire Department; Deloris Osby, Office Assistant I, Fire Department; and Shawna Serna, Office Assistant I, Administrative Services Department. Raul Pantoja, Firefighter/Paramedic I, Fire Department was not able to be present and his introduction will be rescheduled. Presentations & Proclamations Mayor Pinheiro presented certificates to the Volunteers of the Month of August, 2006 - CERT Volunteers. Mayor Pinheiro presented certificates to the Volunteers of the Month of September, 2006 - Santa Teresa Mural Volunteers. Mayor Pinheiro noted a Certificate of Recognition given to Pastor Gerald E. Harris in honor of his retirement. Mayor Pinheiro noted a proclamation Encouraging the promotion of health awareness, which was previously mailed to the recipient. Mayor Pinheiro noted a proclamation for Save a Life Month - September 2006, which was previously mailed to the recipient. Mayor Pinheiro noted a proclamation for Janice Krahenbuhl - 2006 Santa Clara County Teacher of the Year, which was previously sent to the Santa Clara County Office of Education for presentation. Mayor Pinheiro presented a proclamation for Constitution Week - September 17 through 23,2006, to Mary Beth Nagareda, a member of the Daughters of the American Revolution, Gabilan Chapter. Presentations by members of the public for items not on the agenda, but within the subject matter jurisdiction of the City Council. Al Navaroli spoke and distributed information on the South Valley Symphony. Lee Wieder spoke on the upcoming LAFCO staff ag mitigation policies meeting scheduled for October 10. He questioned the intent of Council and asked if Gilroy will have a public meeting to take public input. City Administrator Baksa noted that Planning Division Manager Faus has invited stake holders to a meeting, and noted that our staff has asked that LAFCO continue action to accept input. 8559 Consent Calendar Motion was made by Councilman Correa, seconded by Councilman Arellano and carried to approve the Consent Calendar noting a change to Item UI.A. Minutes of the Regular Council Meeting of August 7,2006, page 4, fourth paragraph that the vote should reflect that Council members Gartman and Valiquette voted no, and removing Item III. E. Request to allow property owner to enter into a Deferred Agreement regarding undergrounding for the Fourth Street-Eigleberry Street Project and also removing Item III. G. Resolution to release unclaimed checks. Minutes of the Regular Council Meeting of August 7, 2006 and the Special Council Meeting of August 31, 2006. Recommendation to Approve Budget Amendments/Transfers. Request for approval of a Certificate of Cancellation for a Williamson Act Contract for APN 841-67~024. A Resolution supporting Propositions 1A, 1B, lC, ID, IE and Proposition 84 on the November 2006 ballot. RESOLUTION NO. 2006-61 A RESOLUTION SUPPORTING PROPOSITIONS 1A, 1B, 1C, ID, IE AND PROPOSITION 84 ON THE NOVEMBER 2006 BALLOT. PASSED AND ADOPTED this 18th day of September, 2006 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Property Improvement Agreement No. 2006-19, Tract Map 9818 and Improvement Plans for Tract 9818, Anson Court, APN 783~36~051, The Old Orchard Company, a California Corporation. A Resolution of the City Council of the City of Gilroy approving a one-year extension for TM 01~06, a Tentative Map to subdivide an approximately 10.6 acre site into 11 Hillside Residential lots located on the west side of Rancho Hills Drive at the terminus of Valley Oaks Court, APN 783-21-061. RESOLUTION NO. 2006-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A ONE-YEAR EXTENSION FOR TM 0 1 ~06, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 10.6 ACRE SITE INTO 11 HILLSIDE RESIDENTIAL LOTS LOCATED ON THE WEST SIDE OF RANCHO HILLS DRIVE AT THE TERMINUS OF VALLEY OAKS COURT, APN 783-21~061. PASSED AND ADOPTED this 18th day of September, 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. 9599, Agreement No. 2004-22, Old Orchard Company. Request for Acceptance of Improvements, Los Arroyos, Carriage Hills and Sunrise Parks, Project No. 04-CDD-104, McGuire & Hester. Denied claims of Mary Basile, Diane Nuno, and Javier Sereno. Underground Utilities Request to allow property owner to enter into a Deferred Agreement regarding undergrounding for the Fourth Street- Eigleberry Street Project. Motion was made by Councilman Gartman, seconded by Councilman Valiquette and carried to continue this request to October 2,2006. 8560 Resolution of the City Council of the City of Gilroy to release unclaimed checks, pursuant to California Government Code Section 50053, to the City of Gilroy. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried to adopt Resolution No. 2006-63 to release unclaimed checks, pursuant to California Government Code Section 50053, to the City of Gilroy, and agendize on October 2,2006 the distribution of the funds if they are deemed excess general fund revenue. RESOLUTION NO. 2006-63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO RELEASE UNCLAIMED CHECKS, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 50053, TO THE CITY OF GILROY. PASSED AND ADOPTED this 18th day of September, 2006 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Bids and Proposals City of Gilroy - City Vehicles and Equipment Recommendation to award the bid for six (6) 2007 new model year Ford Police Interceptors - 07-ASD-130 to Bob Lynch Ford in the amount of$147,061.32. City Administrator Baksa presented a recommendation to award the bid for six (6) 2007 new model year Ford Police Interceptors - 07-ASD-130 to Bob Lynch Ford in the amount of$147,061.32. Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried to award the bid for six (6) 2007 new model year Ford Police Interceptors - 07- ASD-130 to Bob Lynch Ford in the amount of$147,061.32. City of Gilroy - Street Resurfacing Recommendation to award the bid for the Rossi Lane, Murray Avenue, Forest Street Pavement Rehabilitation Project - 07-CDD-130 to The Don Chapin Company, Inc. in the amount of $456,883.00. City Administrator Baksa presented a recommendation to award the bid for the Rossi Lane, Murray Avenue, Forest Street Pavement Rehabilitation Project - 07-CDD-130 to The Don Chapin Company, Inc. in the amount of$456,883.00. Motion was made by Councilman Velasco, seconded by Councilman Bracco and carried to award the bid for the Rossi Lane, Murray Avenue, Forest Street Pavement Rehabilitation Project - 07-CDD-130 to The Don Chapin Company, Inc. in the amount of $456,883.00, including Alternate #1. City of Gilroy - Zoning Ordinance Public Hearing on a Zone Change text amendment to revise Section 46.40 of the Zoning Ordinance "Density Exceptions" to comply with the State's new provisions [Section 65915(b)]. City of Gilroy, applicant, Z 06-08. The staff report was noted and further explained by Housing Planner Adams-Brisco. Mayor Pinheiro opened the Public Hearing. There being no comments from the public, Mayor Pinheiro closed the Public Hearing. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Councilman Velasco voting no) to direct staff to prepare an ordinance approving Z 06-08, without the Planning Commission recommended addition. Agricultural Preserve (Williamson Act) Public Hearing on a request to cancel an existing Williamson Act Contract that is in a non-renewal status on approximately 26 acres located at 315 Las Animas Avenue, between Monterey Road and Highway 101. Augustine Melia, clo Lee Weider, applicant, M 05-14. 8561 The staff report was noted and further explained by Planner II Casper. Mayor Pinheiro opened the Public Hearing. Lee Wieder noted that they concur with the staff report and that he is here to answer any questions. Mayor Pinheiro closed the Public Hearing. Motion was made by Councilman Bracco, seconded by Councilman Arellano and carried to continue the request and Public Hearing to October 16, 2006 for a 30-day review period for Department of Conservation. Mayor Pinheiro announced that he would not be voting on any items under Unfinished Business, since he was not present for the August 7, 2006 meeting, and was unable to view the video from that meeting. City of Gilroy - 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. City of Gilroy, applicant, Z 06-05. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Mayor Pinheiro absent) to table the request. PSI Development An Ordinance of the City Council of the City of Gilroy approving application Z 05-12 to change the zoning designation from R1 (Single-Family Residential) to R3-PUD (Medium-Density Residential- Planned Unit Development) on approximately 1.97 acres located at 9060 and 9070 Kern Avenue, north of Mantelli Drive, APN 790-18-015 and- 017, PSI Development Company, applicant. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Mayor Pinheiro absent) to continue this item to October 16, 2006. Gilroy Unified School District An Ordinance of the City Council of the City of Gilroy approving Z 06-07 amending Gilroy Zoning Ordinance Section 50.63 to establish an exemption from annual numerical limits of the Residential Development Ordinance for School District properties in special circumstances. Motion was made by Councilman Bracco, seconded by Councilman Correa and carried (Councilman Gartman voting no and Mayor Pinheiro absent) to adopt Ordinance No. 2006-17 approving Z 06-07 amending Gilroy Zoning Ordinance Section 50.63 to establish an exemption from annual numerical limits of the Residential Development Ordinance for School District properties in special circumstances. ORDINANCE NO. 2006-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING Z 06-07 AMENDING GILROY ZONING ORDINANCE SECTION 50.63 TO ESTABLISH AN EXEMPTION FROM ANNUAL NUMERICAL LIMITS OF THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR SCHOOL DISTRICT PROPERTIES IN SPECIAL CIRCUMSTANCES. PASSED AND ADOPTED this 18th day of September, 2006 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, CORREA, VALIQUETTE, VELASCO, AND BRACCO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: PINHEIRO City of Gilroy - Building Codes An Ordinance of the City Council of the City of Gilroy adopting the 2000 Edition of the Uniform Fire Code, Volumes 1 and 2, with amendments to the 2001 California Code of Regulations Title 24, Part 9, and amending Section 10.9 of Chapter 10 of the Gilroy City Code. 8562 Motion was made by Councilman Valiquette, seconded by Councilman Bracco and carried (Mayor Pinheiro absent) to adopt Ordinance No. 2006-18 adopting the 2000 Edition of the Uniform Fire Code, Volumes 1 and 2, with amendments to the 2001 California Code of Regulations Title 24, Part 9, and amending Section 10.9 of Chapter 10 of the Gilroy City Code. ORDINANCE NO. 2006-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE 2000 EDITION OF THE UNIFORM FIRE CODE, VOLUMES 1 AND 2, WITH AMENDMENTS TO THE 2001 CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 9, AND AMENDING SECTION 10.9 OF CHAPTER 10 OF THE GILROY CITY CODE. PASSED AND ADOPTED this 18th day of September, 2006 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND BRACCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO Glen Lorna Group A Resolution of the City Council of the City of Gilroy approving TM 06-02, a Tentative Map to subdivide an approximately 40.0-acre parcel into six residential lots and a remainder lot located in the Forest Subdivision, APNS 783-03-003 and 783-03-070. Motion was made by Councilman Bracco, seconded by Councilman Arellano and carried (Mayor Pinheiro absent) to adopt Resolution No. 2006-64 approving TM 06-02, a Tentative Map to subdivide an approximately 40.0-acre parcel into six residential lots and a remainder lot located in the Forest Subdivision, APNS 783-03-003 and 783-03-070. RESOLUTION NO. 2006-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 06-02, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 40.0-ACRE PARCEL INTO SIX RESIDENTIAL LOTS AND A REMAINDER LOT LOCATED IN THE FOREST SUBDIVISION, APNS 783-03-003 AND 783-03-070. PASSED AND ADOPTED this 18th day of September, 2006 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, CORREA, G;ARTMAN, VALIQUETTE, VELASCO, AND BRACCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO City of Gilroy - Zoning Ordinance An Ordinance of the City Council of the City of Gilroy approving Z 06-06 amending Gilroy Zoning Ordinance Section 50.62(b)(1) to restrict the Small Project Exemption in the Residential Development Ordinance to 12 units, with limited exceptions, and to add eligibility criteria. Motion was made by Councilman Arellano, seconded by Councilman Bracco and carried (Mayor Pinheiro absent) to read the ordinance by title only and waive further reading of the ordinance. City Clerk Pellin read the ordinance by title only. Motion was made by Councilman Correa, seconded by Councilman Arellano and carried (Council members Gartman and Valiquette voting no and Mayor Pinheiro absent) to introduce an Ordinance of the City Council of the City of Gilroy approving Z 06-06. Commissions and Boards Resignation of member on the Youth Commission, Alexis Dalke. Motion was made by Councilman Valiquette, seconded by Councilman Gartman and carried to accept the resignation with regrets and include the vacancy in the current recruitment. Commissions and Boards Request for removal of members from the Youth Commission - Anthony Dragotto and Spencer Silva. 8563 Motion was made by Councilman Arellano, seconded by Councilman Correa and carried to remove Anthony Dragotto and Spencer Silva from the Youth Commission and include the vacancies in the current recruitment. Commissions and Boards Appointment of Youth Commission members. Motion was made by Councilman Correa, seconded by Councilman Gartman and carried to appoint the following members to the Youth Commission: Heather Brodersen, Graydon Carr-Ramos, Rachele L. Caserza, Stephanie Ann Castillo, Shawnie Hewell, Connie Kang, Carty Kennedy, Daniel Monroe, Tania Reynolds, Rachel Tenney. City of Gilroy - Unreinforced Masonry Buildings An Ordinance of the City Council of the City of Gilroy repealing Ordinance 89-20 and adopting a new Article VI entitled "Seismic Safety" regarding a mitigation program for unreinforced masonry buildings. The staff report was noted and further explained by Community Development Director Rooney. 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. City Clerk Pellin read the ordinance by title only. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried to introduce an ordinance of the City Council of the City of Gilroy repealing Ordinance 89-20 and adopting a new Article VI entitled "Seismic Safety" regarding a mitigation program for unreinforced masonry buildings. City Administrator's Reports City Administrator Baksa distributed information regarding the outreach connect for homeless services at Las Animas Park and also distributed information on Prop 90. He stated that if they want to take a stance on this, staff will agendize it at an up and coming meeting. He noted information on the Habitat Conservation Plan to keep everyone up to date on what is happening. He announced the retirement of Administrative Services Director Dorn and noted that there is a get-together a week from Friday. He asked that Councilmembers let Karen Pogue know if they plan to attend. He also noted our annual City BBQ this Friday and to let City Clerk Pellin know if any Council member would like to attend. Council Members Report Councilman Arellano noted that he attended the League of California Cities Conference, but stated that it wasn't a very good conference and hopes that next year's will be better. Councilman Velasco questioned upcoming meetings and was told that there were no 6:00 p.m. sessions for the October meetings at this time. Councilman Gartman stated that he attended the League of California Cities Conference and learned a lot. He stated that Prop 90 appears to be something that we need to talk about and stated that he would like to agendize it for the October 2, 2006 meeting for action. He stated that he would like to set a session to go through the Goals and Objectives for next Monday, September 25,2006, but there was no consensus of the Council to set a meeting. Councilman Valiquette stated that he attended the League of California Cities Conference and stated that it was quite interesting and learned a lot. He th"!llked our Sister City of Tecate for their hospitality during his visit prior to the conference. Mayor's Report StateIFederal Legislation Request for a resolution regarding redistricting. Motion was made by Councilman Gartman, seconded by Councilman Valiquette and carried to direct staff to prepare a resolution regarding redistricting. 8564 Commissions/Boards City Commission and Board Appointments Effective January 1,2007 to Expire December 31, 2010. (Annual Appointments December 18, 2006.) Motion was made by Councilman Gartman, seconded by Councilman Valiquette and carried to set December 4, 2006 as the deadline to receive applications. Motion was made by Councilman Gartman, seconded by Councilman Correa and carried to set December 11, 2006 as the date for candidate interviews. Mayor Pinheiro distributed information for the City Council/Planning Commission policy summit scheduled for October 27,2006. He echoed Councilman Valiquette's comments about Tecate. He noted that they learned about their culture and noted that it was a great opportunity to learn from each other. *Meeting will be televised on Channel 17 SEPTEMBER 2006 18 Closed Session - POA and Fire Negotiations - 6:00 p.m., Gilroy City Council Chambers 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 OCTOBER 2006 2* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 9 Study Session - Alcohol in the Parks and Noise Ordinance - 6:00 p.m., Gilroy City Council Chambers 10 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 16* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 23 Closed Session - City Administrator's Performance Evaluation- 6:00 p.m., Gilroy City Council Chambers 24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 27 Mini-Policy Summit - 8:00 a.m., Corporation Yard Meeting Room, 613 Old Gilroy Street, Gilroy 30 Closed Session - City Administrator's Performance Evaluation- 6:00 p.m., Gilroy City Council Chambers NOVEMBER 2006 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 17 Joint City Council/Police DepartmentIFire 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 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjourn to Closed Session (Continued from the 6:00 p.m. session) At 10: 12 p.m. Mayor Pinheiro adjourned the meeting to a closed session pursuant to Government Code Section 54957.6 CONFERENCE WITH LABOR NEGOTIATORS, Agency Negotiators: LeeAnn McPhillips, Charles Sakai, Gregg Giusiana, Lanny Brown, Employee Organization: Gilroy POA (Police Officers' Association) and Agency Negotiators: LeeAnn McPhillips, Charles Sakai, Jeff Sloan, Dale Foster, and Phil King, Employee Organization: IAFF, Local 2805 (Fire Employees) Adjourn to Open Session At 10:37 p.m. Mayor Pinheiro reconvened the meeting and announced that no action had been taken in the Closed Session, and further adjourned the meeting at 10:38 p.m. Adjournment At 10:38 p.m. the Mayor adjourned to meeting to the meeting of October 2,2006. I . ) ! / I ) / .\ ..' . _I. i / (;. ____1f~__~1l.~],~~f~~i.3__:~_____~~~_~-~~~~______________ /s/ RHONDA PELLIN, CMC City Clerk