Minutes 2006/10/02
8565
Regular Meeting
October 02, 2006
Gilroy, California
Mayor Pinheiro led the Pledge of Allegiance to the flag.
Pastor Mark Turner, South Valley Community Church, gave the invocation.
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.
City Clerk Pellin noted that the agenda had been posted on September 27, 2006 at
2:50 p.m.
Roll Call
Present: Dion Bracco; Craig Gartman; Russ Valiquette; Roland Velasco; Al Pinheiro
/ Absent: Peter Arellano; Paul Correa - 7:04 p.m.
Orders of the Day
Mayor Pinheiro announced that Items VI.A. and VI.C. would be continued to
October 16,2006.
Introductions
The following promoted employees were introduced: Shaun Peyghambary, Fire
Captain, Fire Department; Roy Shackel, Fire Captain, Fire Department; Chris Weber,
Fire Engineer, Fire Department; and Scott MacDonald, Fire Engineer, Fire Department.
The following new employees were introduced: Raul Pantoja, Firefighter/Paramedic
I, Fire Department; Olga Mendoza, Police Officer, Police Department; Wendy Filice,
Community Service Officer, Police Department; Ricky Jenkins, Community Service
Officer, Police Department; Delores Villa, Police Records Technician, Police
Department, and Leslie Wilcox, Environmental Programs Assistant, Community Services
Department. Royce Heath, Police Officer, Police Department, was not able to be present
for introduction and his introduction will be rescheduled to a future meeting.
Presentations & Proclamations
Mayor Pinheiro noted a proclamation recognizing the opening of Gardner's new
South County Health Center in Gilroy, which was previously presented to the recipient.
Mayor Pinheiro presented the Employee Award for the Month of August, 2006 to
Laurie Loveless, Engineering Technician, Community Development Department.
Mayor Pinheiro presented the Employee Award for the Month of September, 2006 to
Cindy Murphy, Finance Director, Administrative Services Department.
Mayor Pinheiro presented the Team of the Month Award to Dave Jackson (not
present), Dwane Camp, Marty Quiroz, Rebecca Jansky, and Steve Baty.
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 presentations by the public.
Consent Calendar
Motion was made by Councilman Gartman, seconded by Councilman Valiquette and
carried (Council members Arellano and Correa absent) to approve the Consent Calendar,
removing Item I1I.A. Minutes of the Regular Council Meeting of September 18, 2006;
Item I1I.D. Resolution amending the City of Gilroy Conflict of Interest Code; and Item
III.H. Property Improvement Agreement No. 2006-21.
Recommendation to Approve Budget Amendments/Transfers.
A Resolution of the City Council of the City of Gilroy regarding review of the
redistricting process.
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RESOLUTION NO. 2006-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
REGARDING REVIEW OF THE REDISTRICTING PROCESS.
PASSED AND ADOPTED this 2nd day of October, 2006 by the following vote:
AYES: COUNCILMEMBERS: BRACCO, GARTMAN, VALIQUETTE, VELASCO,
AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ARELLANO AND CORREA
Resolution of the City Council of the City of Gilroy approving the application for
grant funds for the California River Parkways Grant Program under the Water Security,
Clean Drinking Water, Coastal and Beach Protection Act of2002 (Proposition 50) for the
Llagas Creek Parkway Trail.
RESOLUTION NO. 2006-66
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA
RIVER P ARKW A YS GRANT PROGRAM UNDER THE WATER SECURITY,
CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002
(PROPOSITION 50) FOR THE LLAGAS CREEK P ARKW A Y TRAIL.
PASSED AND ADOPTED this 2nd day of October, 2006 by the following vote:
AYES: COUNCILMEMBERS: BRACCO, GAR TMAN, VALIQUETTE, VELASCO,
AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ARELLANO AND CORREA
Resolution of the City Council of the City of Gilroy approving the application for
grant funds for the California River Parkways Grant Program under the Water Security,
Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) for the
Ronan Channel Parkway Trail.
RESOLUTION NO. 2006-67
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA
RIVER P ARKW A YS GRANT PROGRAM UNDER THE WATER SECURITY,
CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002
(PROPOSITION 50) FOR THE RONAN CHANNEL P ARKW A Y TRAIL.
PASSED AND ADOPTED this 2nd day of October, 2006 by the following vote:
AYES: COUNCILMEMBERS: BRACCO, GARTMAN, VALIQUETTE, VELASCO,
AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ARELLANO AND CORREA
Property Improvement Agreement No. 2006-15, Tract 9812 - Masoni Vineyard,
APN: 808-20-003, K. E. Vineyard LLC, A California Limited Liability Company.
Minutes of the Regular Council Meeting of September 18, 2006.
City of Gilroy - City Council
Councilman Gartman noted his concerns with Mayor Pinheiro being listed as absent
on the Minutes of September 18, 2006 under Old Business, rather than being allowed to
abstain.
Motion was made by Councilman Valiquette, seconded by Councilman Bracco and
carried (Councilman Gartman voting no and Council members Arellano and Correa
absent) to approve the minutes of the Regular Council Meeting of September 18, 2006.
Conflict of Interest
A Resolution of the City Council of the City of Gilroy amending the City of Gilroy
Conflict of Interest Code to add positions and change the titles of certain persons subject
to the Code.
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Discussion was held as to whether all the new positions were listed in the body of the
resolution.
Motion was made by Councilman Valiquette, seconded by Councilman Bracco and
carried (Council members Arellano and Correa absent) to adopt Resolution No 2006-68
amending the City of Gilroy Conflict of Interest Code to add positions and change the
titles of certain persons subject to the Code.
RESOLUTION NO. 2006-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE CITY OF GILROY CONFLICT OF INTEREST CODE TO ADD
POSITIONS AND CHANGE THE TITLES OF CERTAIN PERSONS SUBJECT TO
THE CODE.
PASSED AND ADOPTED this 2nd day of October, 2006 by the following vote:
AYES: COUNCILMEMBERS: BRACCO, GARTMAN, VALIQUETTE, VELASCO,
AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ARELLANO AND CORREA
South County Community Builders
Property Improvement Agreement No. 2006-21, Tract 9848 - Forest Park, APN: 841-
04-006, South County Community Builders, Inc., A California Non-Profit Public Benefit
Corporation.
Motion was made by Councilman Valiquette, seconded by Councilman Bracco and
carried (Councilman Velasco voting no and Council members Arellano and Correa
absent).
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)(I) 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 Bracco, seconded by Councilman Valiquette and
carried (Council members Arellano and Correa absent) to continue this item to
October 16, 2006.
Gilroy Unified School District
A Resolution of the City Council of the City of Gilroy approving ROO 06-01, a
request for a special exception to the Residential Development Ordinance for up to 99
residential dwelling units for the Gilroy Unified School District, APN 790-25-031.
Motion was made by Councilman Bracco, seconded by Councilman Valiquette and
carried (Councilman Gartman voting no and Council members Arellano and Correa
absent) to adopt Resolution No. 2006-69 approving ROO 06-01, a request for a special
exception to the Residential Development Ordinance for up to 99 residential dwelling
units for the Gilroy Unified School District, APN 790-25-031.
RESOLUTION NO. 2006-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING RDO 06-01, A REQUEST FOR A SPECIAL EXCEPTION TO THE
RESIDENTIAL DEVELOPMENT ORDINANCE FOR UP TO 99 RESIDENTIAL
DWELLING UNITS FOR THE GILROY UNIFIED SCHOOL DISTRICT, APN 790-
25-031.
PASSED AND ADOPTED this 2nd day of October, 2006 by the following vote:
AYES: COUNCILMEMBERS: BRACCO, VALIQUETTE, VELASCO, AND
PINHEIRO
NOES: COUNCILMEMBERS: GARTMAN
ABSENT: COUNCILMEMBERS: ARELLANO AND CORREA
Underground Utilities
Request to allow property owner to enter into a Deferred Agreement regarding
undergrounding for the Fourth Street-Eigleberry Street Project.
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Motion was made by Councilman Valiquette, seconded by Councilman Bracco and
carried (Council members Arellano and Correa absent) to continue this item to October
16, 2006 at the request of the applicant.
City of Gilroy - Zoning Ordinance
An Ordinance of the City Council of the City of Gilroy approving Z 06-08 amending
Section 46.40 of the Gilroy Zoning Ordinance to conform to Section 65915 of the
California Government Code.
Motion was made by Councilman Gartman, seconded by Councilman Valiquette and
carried (Council members Arellano and Correa 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 Valiquette, seconded by Councilman Bracco and
carried (Councilman Velasco voting no and Council members Arellano and Correa
absent) to introduce an Ordinance of the City Council of the City of Gilroy approving
Z 06-08.
StateIFederal Legislation
Request for City position on Proposition 90 - potential major changes in
governmental costs to acquire property for public purposes.
Motion was made by Councilman Valiquette, seconded by Councilman Gartman and
carried (Council members Arellano and Correa absent) to direct staff to prepare a
resolution in opposition to Proposition 90.
City Administrator's Report
Communicating more in-depth information regarding a Planning Commission
recommendation when the Council meeting is scheduled for the next Monday (when
votes are close).
Councilmembers agreed to go with Option # 1 and stay with the 4-3 Planning
Commission vote.
City of Gilroy - Cost Recovery/Control
Cash availability of dated checks (relating to the release of unclaimed checks
allocated from Resolution No. 2006-63).
Motion was made by Councilman Velasco, seconded by Councilman Bracco and
carried (Council members Arellano and Correa absent) to take no action.
City of Gilroy - Human Resource Department
Appointment of New Department Heads.
Motion was made by Councilman Gartman, seconded by Councilman Bracco and
carried (Council members Arellano and Correa absent) to approve the reorganization.
City Administrator Baksa distributed a General Fund priority listing for the
Council members to use to get ready for a discussion at the Policy Summit later this
month. Councilmembers agreed to prioritize three separate groupings.
Council Members Report
Councilman Bracco apologized for not attending the Gardner Health Center's opening
to present a certificate, as he had the wrong date.
Councilman Valiquette stated that he would not be attending the two scheduled
sessions on October 9 and 10, 2006.
Mayor's Report
Mayor Pinheiro noted that he attended the California Downtown Association
conference and stated that he will distribute materials to the City Councilmembers. He
announced that he would like to bring the "Superb Seven" group to Gilroy for a
presentation.
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*Meeting will be televised on Channel 17
OCTOBER 2006
2 Closed Session - POA Negotiations - 6:00 p.m., Gilroy City Council Chambers
2* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
9 Study Session - Alcohol in the Parks, Downtown Interim Parking Fee, Downtown
Incentive Program, and Noise Ordinance - 6:00 p.m., Gilroy City Council Chambers
10 SCR W 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 Study Session - Discussion of Community Bussing with VTA - 6:00 p.m., Gilroy
City Council Chambers
6* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
14 SCR W A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
17 Joint City CouncillPolice 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
DECEMBER 2006
4* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
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
Adjournment
At 8:22 p.m. the Mayor adjourned the meeting to the meeting of October 16, 2006.
\-:~i~0f~~dlLL:-~____________
/s! RHONDA PELLIN, CMC
City Clerk