Minutes 2006/10/16
Orders of the Day
Mayor Pinheiro announced that Item III C. Resolution approving participation in the
Local Agency Investment Fund would be continued to November 6, 2006.
Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette;
Roland Velasco; Al Pinheiro - 7:00 p.m.
City Clerk Pellin noted that the agenda had been posted on October 11, 2006 at
3:35 p.m.
Roll Call
Mayor Pinheiro announced that the Council had adjourned from a Closed Session
regarding Public Employee Appointment pursuant to Government Code Section 54957
and that no action had been taken.
Pastor Brian Arendt, First Baptist Church, gave the invocation.
Mayor Pinheiro led the Pledge of Allegiance to the flag.
Regular Meeting
October 16,2006
Gilroy, California
8569
8570
Introductions
The following promoted employees were introduced: Inga Alonzo, Purchasing
Coordinator, Finance Department and Kristi Abrams, Development Center Manager,
Community Development Department.
The following new employee was introduced: Royce Heath, Police Officer, Police
Department.
Presentations & Proclamations
Mayor Pinheiro presented the Volunteers of the Month of July, 2006 award to Steve
and Linda Ashford.
Mayor Pinheiro presented the Volunteers of the Month of October, 2006 award to
Neighborhood Volunteers.
Mayor Pinheiro presented a proclamation to Captain Moore for Crime Prevention
Month - October, 2006.
Mayor Pinheiro noted the Employee of the Year for 2006 - Joe Kline.
Mayor Pinheiro presented the Employee Award for the Month of October, 2006 to
Jackie Bretschneider, Fire Marshal/Chemical Control Manager, Community
Development Department.
Mayor Pinheiro noted a Certificate of Recognition of the Vietnamese community,
which was previously mailed to the recipient.
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
Councilman Arellano stated that he reviewed the video of the meeting of October 2,
2006 and was ready to vote on the items.
Motion was made by Councilman Bracco, seconded by Councilman Correa and
carried to approve the Consent Calendar, removing Item III.C. Resolution approving
participation in the Local Agency Investment Fund to be continued to November 6,2006.
Minutes of the Regular Council Meeting of October 2, 2006 (incorrectly listed on the
agenda as September 18, 2006, but the October 2, 2006 minutes were in the packet for
approval).
Recommendation to Approve Budget Amendments/Transfers.
Gilroy City Council Position in opposition to Proposition 90 on the November 7,
2006 ballot.
Resolution of the City Council of the City of Gilroy approving participation in the
Local Agency Investment Fund and naming city officials authorized to order deposits and
withdrawals.
Motion was made by Councilman Bracco, seconded by Councilman Correa and
carried to continue this item to November 6,2006.
Bids and Proposals
Bridges
Recommendation to negotiate a contract for the professional services of various
Bridge Design Projects and Traffic Circulation Master Plan Bridge Cost Estimating with
TY Lin International (RFP 05-RFP-CDD-324), and if unsuccessful to negotiate a contract
with Biggs Cardosa Associates.
City Administrator Baksa presented a recommendation to negotiate a contract for the
professional services of various Bridge Design Projects and Traffic Circulation Master
Plan Bridge Cost Estimating with TY Lin International (RFP OS-RFP-CDD-324), and if
unsuccessful to negotiate a contract with Biggs Cardosa Associates.
8571
Motion was made by Councilman Arellano, seconded by Councilman Bracco and
carried to negotiate a contract for the professional services of various Bridge Design
Projects and Traffic Circulation Master Plan Bridge Cost Estimating with TY Un
International (RFP 05-RFP-CDD-324), and if unsuccessful to negotiate a contract with
Biggs Cardosa Associates.
Agricultural Preserve (Williamson Act)
A continued 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, c/o Lee
Wieder, applicant, M 05-14.
The staff report. was noted and further explained by Planner II Casper.
Mayor Pinheiro opened the Public Hearing. There being no comments from the
public, Mayor Pinheiro closed the Public Hearing.
Motion was made by Councilman Bracco, seconded by Councilman Arellano and
carried to direct staff to prepare a resolution approving M 05-14.
Police Department
A Public Hearing on a request to consider a report by the Gilroy Police Department
recommending projects/programs for funding under the State Law Enforcement Block
Grant monies for the 2006-2007 Fiscal Year.
The staff report was noted and further explained by City Administrator Baksa.
Mayor Pinheiro opened the Public Hearing. There being no comments from the
public, Mayor Pinheiro closed the Public Hearing.
Motion was made by Councilman Correa, seconded by Councilman Bracco and
carried to accept the funding for projects/programs as recommended.
City of Gilroy - Zoning Ordinance
A Public Hearing on a Zone Change text amendment to Sections 31 (Off Street
Parking) and 19 (Commercial Use Tables) of the Zoning Ordinance, to allow temporary
exemptions for property owners who own a URM (Unreinforced Masonry) building in
the Downtown District. City of Gilroy (c/o Wendie Rooney), applicant, Z 06-11.
The staff report was noted and further explained by Community Development
Director Rooney.
Mayor Pinheiro opened the Public Hearing.
Steve Ashford thanked the City Council for bringing Mark Cardosa in to explain the
engineering reports. He stated that he would like to see the revitalization of downtown
Gilroy. He noted his concerns with extending the fee waivers as he does not want to see
the buildings demolished. He stated that he would like the City to concentrate on the
URM buildings.
Mayor Pinheiro closed the Public Hearing.
Motion was made by Councilman Velasco, 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
ZOO-II.
City of Gilroy - Ordinance Codification
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.
8572
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to adopt Ordinance No. 2006-19 (incorrectly stated as 2006-18) repealing
Ordinance 89-20 and adopting a new Article VI entitled "Seismic Safety" regarding a
mitigation program for unreinforced masonry buildings.
ORDINANCE NO. 2006-19
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.
PASSED AND ADOPTED this 16th day of October, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
PSI Development
An Ordinance of the City Council of the City of Gilroy approving application Z 05-12
to change the zoning designation from Rl (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 ofMantelli Drive, APN 790-18-015 and-
017, PSI Development Company, applicant.
Mayor Pinheiro stated that he did review the video of the July 17, 2006 meeting.
Joe Burch stated that he was present to answer any questions. He noted that he
looked through the Initial Study report and that it is consistent with the goals and
objectives of the General Plan. He stated that he feels strongly that he can present a
strong project. He noted that he did reduce the RDO application units. He stated that
their community center would be available to all non-profit groups. He answered a
question that bringing this to an R2 zone makes the project unbuildable.
Steve Serchia noted concerns with this application.
Mahmood Toofan noted that he moved to the area five years ago. He explained that
when he bought his house he asked what the zoning was in the area, and was told that it
was Rl. He stated that it is not fair to change it to R3.
Motion was made by Councilman Arellano, seconded by Councilman Bracco and
carried to continue this request until after the 2006 RDO process.
City of Gilroy - Zoning Ordiance
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.
Councilman Correa stated that he reviewed the video on this issue from the October
2, 2006 meeting.
Motion was made by Councilman Correa, seconded by Councilman Arellano and
carried to adopt Ordinance No. 2006-20 (incorrectly stated as 2006-19) approving Z 06-
08 amending Section 46.40 of the Gilroy Zoning Ordinance to conform to Section 65915
of the California Government Code.
ORDINANCE NO. 2006-20
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.
PASSED AND ADOPTED this 16th day of October, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
",..:":."',.,,.-.,.....'-c~,,,.,'''''.-~..:!...;.~',.,-'''~,,;''''',>..:''-"''''~,""....~""'''''';;."'''''0". ". ..,'_-<L:;;.'~...,..,::. ;'::.!,,:;;'l'l'...~".",....;~".~.,,'-CJ:>,.;
-- -- -.- . .-.---
8574
Councilman Arellano agreed that the street looks great downtown, but stated that
there is lots more to do. He noted that the Granicus streaming is great to listen to past
meetings.
Mayor's Report
Mayor Pinheiro thanked the Councilmembers for attending the downtown road
opening last Friday.
*Meeting will be televised on Channel 17
OCTOBER 2006
16 Closed Session - POA Negotiations and Public Employee Appointment - 6:00 p.m.,
Gilroy City Council Chambers
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 (CANCELLED)
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
1 Quarterly Workshop with the Gilroy Unified School Board - 6:00 p.m., at the Gilroy
Unified School District Administration Board Room, 7810 Arroyo Circle, Gilroy
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 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
17 Joint City CouncillPolice DepartmentlFire 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 9: 12 p.m. the Mayor adjourned the meeting to the meeting of November 6,2006.
., d'
· -I:
\ --' ".' . I' ..'j-( , J".' '.'
-;;....-t..:'\.L.W1f.?f..---- _ . _e..LL1..i;r-~___________
/s/ RHONDA PELLIN, CMC
City Clerk