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.
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____1f~__~1l.~],~~f~~i.3__:~_____~~~_~-~~~~______________
/s/ RHONDA PELLIN, CMC
City Clerk