Minutes 2007/02/26
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Regular Meeting
February 26, 2007
Gilroy, California
Mayor Pinheiro led the Pledge of Allegiance to the flag.
No invocation was given.
City Clerk Pellin noted that the agenda had been posted on February 21, 2007
at 10:00 a.m. and the addendum to the agenda was posted on February 22,2007
at 4:02 p.m.
Roll Call
Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette;
Roland Velasco; Al Pinheiro - 7:00 p.m.
Orders of the Day
There were no changes to the agenda.
Introductions
The following new employees were introduced: Raul Hernandez, Maintenance
Worker Assistant, Community Services Department and Elva Garcia, Accounting
Assistant I, Finance Department.
Presentations & Proclamations
Mayor Pinheiro noted a proclamation for Aggie Ternasky, 2006 Woman ofthe Year,
which was presented to the recipient on February 3, 2007.
Mayor Pinheiro noted a proclamation for Tim Day, 2006 Man of the Year, which was
presented to the recipient on February 3, 2007.
Mayor Pinheiro noted a proclamation for Erwin Boggs, 2006 Firman B. Voorhies
Volunteer ofthe Year, which was presented to the recipient on February 3, 2007.
Mayor Pinheiro noted a proclamation for CALSTAR, 2006 Organization of the
Year, which was presented to the recipient on February 3, 2007.
Mayor Pinheiro noted a proclamation for Solis Winery, 2006 Small Business of the
Year, which was presented to the recipient on February 3, 2007.
Mayor Pinheiro noted a proclamation for Container Consulting Services, 2006 Large
Business of the Year, which was presented to the recipient on February 3, 2007.
Mayor Pinheiro deviated from the regular order of the agenda to accommodate
interested persons in the audience.
Mayor Pinheiro noted a proclamation for Rotary International World Understanding
and Peace Day - February 23, 2007, which was previously mailed to the recipient.
Mayor Pinheiro noted a proclamation for Team CSC Day - February 16,2007, which
was presented to the recipients on February 16,2007.
Walter B. Schinke, Physically Challenged Boarq of App~~ls, g~ve 'l report on their
activities.
Mayor Pinheiro returned to the regular order of the agenda.
Mayor Pinheiro noted a presentation by Marcus Beverley, ABAG Plan Risk Manager,
regarding Gilroy's Risk Management Framework and Best Practices, including receipt of
a $10,000 grant and a $10,000 matching grant for achievement of these risk management
goals.
Mayor Pinheiro presented the Volunteers ofthe Month of January, 2007 award to
Bob & Sue Baker and Natalie Schnetzler.
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Mayor Pinheiro presented the Volunteer of the Month of February, 2007 award to
Sharon Fuqua.
Mayor Pinheiro presented the Team of the Month Award to Arica Hernandez (not
present), Carmen Medrano, and David Chulick.
Mayor Pinheiro presented a Certificate to retired Parks and Recreation Commissioner
Bruce Williams.
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 Valiquette, seconded by Councilman Correa and
carried to approve the Consent Calendar.
Minutes of the Regular Council Meeting of February 5, 2007.
Request for Acceptance of Improvements, Tract No. 9563, Eagle Ridge Court,
Property Improvement Agreement No. 2004-11, Eagle Ridge Development Company,
LLC.
Recommendation to Approve Budget Amendments/Transfers.
Denied claims of Jim Allivato, Leoncio & Hortensia Ariza, and Ro Gaeta.
Bids and Proposals
BMX Bicycle Track
Recommendation to authorize staff to initiate negotiations with James and Mary
Garcia for development and operation of a Bicycle BMX track to be located at the Gilroy
Sports Park.
City Administrator Baksa presented a recommendation to authorize staff to initiate
negotiations with James and Mary Garcia for development and operation of a Bicycle
BMX track to be located at the Gilroy Sports Park.
Motion was made by Councilman Gartman, seconded by Councilman Arellano and
carried to authorize staff to initiate negotiations with James and Mary Garcia for
development and operation of a Bicycle BMX track to be located at the Gilroy Sports
Park.
Cote, Chris
Public Hearing on a Zone Change request from R3 (Medium Density Residential) to
R3-PUD (Medium Density Residential-Planned Unit Development) on property located
at 341,353, and 373 Gurries Drive. Chris Cote, applicant, Z 06-14.
Public Hearing on a Tentative Map request to create 18 residential lots on property
zoned R3 (Medium Density Residential), located at 341,353, and 373 Gurries Drive.
Chris Cote, applicant, TM 06-15.
Architectural and Site Planned Unit Development approval to allow the construction
of an 18 unit residential sub-division on property zoned R3 (Medium Density
Residential), located at 341,353, and 373 Gurries Drive. Chris Cote, applicant,
A/S-PUD 06-46.
The staff report was noted and further explained by Planner II Polubinsky.
Mayor Pinheiro opened the Public Hearing for Z 06-14 and TM 06-15.
Chris Cote reviewed his proposed project.
Gar Chan stated that this will be a great project and will improve the community and
the environment.
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Jenny Howard stated that this property needs to be redeveloped, but some people
don't totally agree with this project regarding the size and scale.
Tom Howard stated that he would like to see the elimination of two of the units and
to lower the height to 30'.
John Varela noted that he attended a conference recently regarding new technologies
for this area. He spoke on renewable energy and alternative energies. He noted that we
need solar energy for our homes.
Crystal Mickler spoke in favor of the request.
Nellie Arzola stated that she lives in front of this project. She stated that she would
like to see the area cleaned up and spoke in favor of the project.
Helen Masini stated that she lives next door to the project and gave a history of the
area residents. She spoke in favor of the request.
Skip Bloom stated that he bought a home in Mr. Cote's previous project. He spoke in
favor of the request.
Ruben Dela Rosa stated that he is proud of his neighborhood. He stated that the
Council has an opportunity to be a benchmark and stated that he would like the Council
to move forward with the approval of this project.
Mike Banach stated that he lives in Chris Cote's previous project and spoke in favor
of this project.
Joan Lewis stated that they have a lot of crime in the area, especially in the last five
years. She encouraged the Council to go forward with this project.
Councilmembers Arellano, Bracco, Correa, Valiquette, and Pinheiro stated that they
either met or spoke with Chris Cote to review this project.
Mayor Pinheiro closed the Public Hearing for Z 06-14 and TM 06-15.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to direct staff to prepare an ordinance approving Z 06-14.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried to direct staff to prepare a resolution approving TM 06-15.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to direct staff to prepare a resolution modifying A/S-PUD 06-46, adding a
requirement to underground the utility poles in the alleyway at the rear of the project and
to have the project engineer review the interior gate/fence to determine a safe height.
Council agreed to have staff add to the priority list to review whether a signalized
intersection should be built in the area.
At 9:33 p.m. Mayor Pinheiro called for a recess, after which he recalled the meeting
to order.
Mayor Pinheiro questioned Mr. Cote as to the $500,000.00 proposed for the
community as a private economic fund.
Mr. Cote explained that it would be used to subsidize care givers in the project,
funding for math and science teachers, and also to buy down the cost of real estate. He
stated that the funds would be available after the project is built and sold.
Chappell, Marty
Public Hearing on a Tentative Map request to create 11 residential lots on
approximately 4.15 acres on property zoned Rl (Single Family Residential), located at
5875 Miller Avenue (west of Miller Avenue at Thomas and Mesa Roads intersection).
Martin Chappell (c/o Amanda Wilson), applicant, TM 06-06.
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Motion was made by Councilman Valiquette, seconded by Councilman Correa and
carried to continue this request to March 19, 2007 at the request of staff and the applicant.
Sargenti, Randolph
Public Hearing on a Tentative Map request to create five (5) residential lots on
approximately 1.5 acres on property zoned Rl (Single Family Residential), located at
5885 Miller Avenue (west of Miller Avenue at Thomas and Mesa Roads intersection).
Randolph Sargenti (c/o Amanda Wilson), applicant, TM 06-13.
Motion was made by Councilman Correa, seconded by Councilman Valiquette and
carried to continue this request to March 19, 2007 at the request of staff and the applicant.
City of Gilroy - Unreinforced Masonry Buildings
An Emergency Ordinance of the City Council of the City of Gilroy amending 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 Velasco, seconded by Councilman Valiquette and
carried to adopt Ordinance No. 2007-04 for an Emergency Ordinance of the City Council
of the City of Gilroy amending Article VI entitled "Seismic Safety" regardiijg a
mitigation program for Unreinforced Masonry Buildings.
ORDINANCE NO. 2007-04
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING ARTICLE VI ENTITLED "SEISMIC SAFETY" REGARDING
A MITIGATION PROGRAM FOR UNREINFORCED MASONRY BUILDINGS.
PASSED AND ADOPTED this 26th day of February, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
City of Gilroy - Unreinforced Masonry Buildings
An Ordinance of the City Council of the City of Gilroy amending Article VI entitled
"Seismic Safety" regarding a mitigation program for Unreinforced Masonry Buildings.
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 amending
Article VI entitled "Seismic Safety" regarding a mitigation program for Unreinforced
Masonry Buildings.
Luchessa Road, LLC
A Resolution of the City Council of the City of Gilroy setting a date for consideration
of the reorganization of area designated "Luchessa A venue Reorganization, No. 06-01",
property located at the southwest corner of Luchessa Avenue and Monterey Road;
approximately 27.7 acres (APNs 808-21-008, 009, 106 and 018). Luchessa Road LLC
(c/o Michael McDermott), applicant, file #A 06-02.
Motion was made by Councilman Valiquette, seconded by Councilman Correa and
carried to adopt Resolution No. 2007-13 setting a date for consideration of the
reorganization of area designated "Luchessa Avenue Reorganization, No. 06-01 It,
property located at the southwest corner of Luchessa Avenue and Monterey Road;
approximately 27.7 acres (APNs 808-21-008, 009, 106 and 018). Luchessa Road LLC
(c/o Michael McDermott), applicant, file #A 06-02.
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RESOLUTION NO. 2007-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SETTING A DATE FOR CONSIDERATION OF THE REORGANIZATION OF AREA
DESIGNATED "LUCHESSA AVENUE REORGANIZATION, NO. 06-01 ",
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LUCHESSA AVENUE
AND MONTEREY ROAD; APPROXIMATELY 27.7 ACRES (APNS 808-21.008, 009,
106 AND 018). LUCHESSA ROAD LLC (C/O MICHAEL MCDERMOTT),
APPLICANT, FILE #A 06-02.
PASSED AND ADOPTED this 26th day of February, 2007 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, VELASCO, AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
City Administrator's Report
City Administrator Baksa distributed a memorandum on the Utility Users Ordinance
regarding placing the measure on the November 2007 ballot. Council concurred with the
placement.
City Administrator Baksa stated that he met with the County Librarian and library
staff regarding the library facility in Gilroy, noting that it was in need of major
renovations.
Council Members Report
Council member Arellano stated that he attended a League of California Cities dinner
regarding bond money for infrastructure improvements. He questioned whether the City
of Gilroy has a plan for their priorities. He stated that he would get more information on
this for staff.
Mayor's Report
Discussion of quarterly City Council visionary meetings.
Council agreed to have quarterly City Council visionary meetings on a Wednesday
night for 2-3 hours.
Mayor Pinheiro noted that laptops would be ordered for those Councilmembers who
wanted one. It was requested that formal approval of this be agendized on the next
meeting.
*Meeting will be televised on Channel 17
FEBRUARY 2007
26 Study Session - Downtown Parking Enforcement, Shopping Cart Ordinance,
Single Stream Recycling Concept, Westfield Presentation - 5:30 p.m., Gilroy
City Council Chambers
26* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy - CANCELLED
MARCH 2007
5 Study Session - Hecker Pass north side road design & (Tentative) Sidewalk Task
Force Recommendations - 6:00 p.m., Gilroy City Council Chambers
5* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
12 Joint City CouncillPlanning Commission Policy Summit & Project Update-
6:00 p.m., Gilroy City Council Chambers
13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
19* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
26* Joint City CouncillPlanning Commission Study Session on the 2007 CIB -
6:00 p.m., Gilroy City Council Chambers
27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
APRIL 2007
2* Regular City Council Meeting -7:00 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
24 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
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MAY 2007
7* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
8 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy
14* Study Session - Budget - 6:00 p.m., Gilroy City Council Chambers
21 * Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjourn to Closed Session
Public Employee Performance Evaluation
Title: City Administrator, City Attorney
Pursuant to Government Code Section 54957
Adjourn to Open Session
Public Report of any action taken in Closed Session and the vote or abstention of
each Councilmember, if required by Government Code Section 54957.1.
Mayor Pinheiro announced that no action had been taken.
Adjournment
At 12:20 a.m. the Mayor adjourn~d the me, to the meetinSyjOf March 5, 2006.
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City Clerk