Minutes 2002/02/19
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7854
Regular Meeting
February 19, 2002
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Invocation
Pastor Dennis Nichols, South Valley Community Church, gave the Invocation
George White The Mayor requested a moment of silence for former Councilman George
White, who passed away yesterday.
Posting
Agenda
The City Clerk noted that the agenda had been posted on February 13,2002
at 3:30 p.m.
Roll Call
Present: Councilmembers: Peter D. Arellano (arrived 6: 13 p.m.), Robert T.
Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and
Thomas W. Springer - 6:03 p.m.
Under Orders of the Day, the Mayor announced that Items YA. and YB. will
be continued to March 18,2002.
Emp. Award The Mayor presented the Employee Award for the Month of February, 2002 to
Joe Kline, Public Information Coordinator, Community Services Department
Promoted The Mayor introduced promoted employee Jeff Castro, Senior Maintenance
Worker, Community Services Department.
New Employee The Mayor introduced new employee Jim Baumgartner, Maintenance
Worker I, Community Services Department.
Jeff Clet
The Mayor introduced new Fire Chief Jeff Clet, and welcomed him to the City
of Gilroy.
Proc.-Susan Star- The Mayor noted a proclamation for Susan Starritt Jacobsen, 2001 Woman of
ritt Jacobsen the Year, which was presented to her on February 8, 2002.
Proc.-Michael The Mayor presented a proclamation to Michael Bonfante, 2001 Man ofthc
Bonfante Year. He also presented other awards from various organizations and
government entities to Mr. Bonfante regarding this designation.
Proc.-Frankie
Munoz
The Mayor noted a proclamation for Frankie Munoz, 2001 Firman B. Voorhies
Volunteer ofthe Year, which was presented to her on February 8, 2002.
Proc-Betsy
Hen ry
The i'v1ayor noted a proclamation for Betsy Henry, 200 j EDe Educator of the
Year, which \vas presented to her on February 8, 2002.
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Proc.-Aitken
Associates
The Mayor noted a proclamation for Aitken Associates, 2001 Small Business
of the Year, which was presented to them on February 8, 2002.
Proc.-McDonald'sThe Mayor noted a proclamation for McDonald's of Gilroy, 2001 Large
of Gilroy Business of the Year, which was presented to them on February 8, 2002.
Consent
Calendar
Motion was made by Councilman Gartman, seconded by Councilman Dillon
and carried that the following items under the Consent Calendar be approved, by
the following Roll Call Vote: Ayes: Councilmembers: Peter D. Arellano, Robert
T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and
Thomas W. Springer:
Minutes
Minutes of the Regular Council Meeting of February 4,2002;
Budget
Budget Amendments/Transfers as recommended;
Ord.2002-5
Adopted Ordinance No. 2002-5 approving an application for a change in
zoning designation from Rl (Single Family Residential) to RI-PUD (Single Family
Residential-Planned Unit Development) on approximately 1.3 acres, APNS 790-
19-086, 790-19-087 and 790-19-088, Sync on Homes of California, applicant,
Z 01-02;
ORDINANCE NO. 2002-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A CHANGE IN ZONING
DESIGNATION FROM Rl (SINGLE FAMILY RESIDENTIAL) TO RI-PUD
(SINGLE FAMILY RESIDENTIAL-PLANNED UNIT DEVELOPMENT) ON
APPROXIMATELY 1.3 ACRES, APNS 790-19-086, 790-19-087 AND 790-19-
088, SYNCON HOMES OF CALIFORNIA, APPLICANT, Z 01-02.
PASSED AND ADOPTED this 19th day of February, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2002-9 Adopted Resolution No. 2002-9 approving TM 00-09, a Tentative Map to
subdivide an approximately 1.3 acre site into 6 residential lots and a private park
site located on Kern Avenue, south of Ramona Way, APNs 790-19-086, 790-19-
087 AND 790-19-088, Syncon Homes of California, applicant;
RESOLUTION NO. 2002-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 00-09, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMA TEL Y 1.3 ACRE SITE INTO 6 RESIDENTIAL LOTS AND A
PRIVATE PARK SITE LOCATED ON KERN AVENUE, SOUTH OF
RAMONA WAY, APNS 790-19-086, 790-19-087 AND 790-19-088, SYNCON
HOMES OF CALIFORNIA, APPLICANT.
PASSED AND ADOPTED this 19th day of February, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2002-10 Adopted Resolution No. 2002-10 approving A/S 01-16, an application for
Architectural and Site approval of a Planned Unit Development (PUD) on
approximately 1.3 acres, APNs 790-19-086, 790-19-087 and 790-19-088, Syncon
Homes of California, applicant;
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RESOLUTION NO. 2002-10
RESOLUTION OF THE CITY COUNCIL OF GILROY APPROVING A/S 01-
16, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF
A PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY
1.3 ACRES, APNS 790-19-086, 790-19-087 AND 790-19-088, SYNCON
HOMES OF CALIFORNIA, APPLICANT.
PASSED AND ADOPTED this 19th day of February, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Ord.2002-1 Re-adopted Ordinance No. 2002-1 amending Section 4.1 of Article I of, and
adding Sections 4.35 and 4.36 to Article IV of, Chapter 4 of the Gilroy City Code,
pertaining to animals and fowl.
ORDINANCE NO. 2002-1
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 4.1 OF
ARTICLE I OF, AND ADDING SECTIONS 4.35 AND 4.36 TO ARTICLE IV
OF, CHAPTER 4 OF THE GILROY CITY CODE, PERTAINING TO
ANIMALS AND FOWL.
PASSED AND ADOPTED this 19th day of February, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Ord.2002-6 Adopted Ordinance No. 2002-6 amending Gilroy Zoning Ordinance, the
Residential Development Ordinance (RDO), Section 50.63 entitled "Annual
Numerical Limits", Z 01-11, regarding RDO exemptions.
ORDINANCE NO. 2002-6
AN ORDINANCE OF THE CITY OF GILROY AMENDING GILROY
ZONING ORDINANCE, THE RESIDENTIAL DEVELOPMENT ORDINANCE
(RDO), SECTION 50.63 ENTITLED "ANNUAL NUMERICAL LIMITS",
Z 01-11, REGARDING RDO EXEMPTIONS.
PASSED AND ADOPTED this 19th day of February, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT; COUNCILMEMBERS: NONE
Michael
Bonfante
Michael Bonfante thanked all the people who made it possible to reopen
Bonfante Gardens Theme Park, especially the Councilmembers for their
concessions in the Residential Development Ordinance.
Bid-2001/2002 The City Administrator presented a recommendation to award the bid for the
Street 2001/2002 Street Resurfacing Program, Project No. 00-CDD-538 to Duran &
Resurfacing Venables in the amount of$733,258.07.
Program
Councilman Pinheiro recused himself from discussion and vote on this item due
to the proximity of his residence to this project, and stepped down from the dais.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Pinheiro absent) to award the bid for the 2001/2002
Street Resurfacing Program, Project No. 00-CDD-538 to Duran & Venables in the
amount of$733,258.07.
Pub. Hearing
TM 01-04
Pub. Hearing
USA 98-03
NS 01-89
7857
Councilman Pinheiro returned to his seat at the dais.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to subdivide approximately 29.7 acres ofland into 13
industrial lots, on property zoned CM (Commercial Industrial), located on
Monterey Road, south of Travel Park Circle, east of Highway 101. Stan Davis
(Silicon Valley South Technology Park), applicant, TM 01-04.
Motion was made by Councilman Arellano, seconded by Councilman Morales
and carried to continue the request to March 18, 2002, due to continuance by the
Planning Commission.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a request to re-certify the revised subsequent Final Environmental Impact Report
to amend the City's Urban Service Area boundary located on the west side of
Monterey Road, between Luchessa Avenue and Farman Lane. City of Gilroy,
applicant, USA 98-03.
(At 6:39 p.m. Councilman Morales left the Council Chambers and returned at
6:40 p.m.)
Motion was made by Councilman Arellano, seconded by Councilman Gartman
and carried (Councilman Morales absent) to continue the request to March 18,
2002 due to continuance by the Planning Commission.
The Mayor deviated from the regular agenda to accommodate interested
persons in the audience.
The Mayor noted a Planned Unit Development (PUD) Architectural & Site
review approval to construct the EI Amigo Restaurant on property zoned C3-PUD
(Shopping Center Commercial-Planned Unit Development), located at the Home
Depot commercial center at 8800 San Ysidro Avenue. Huberto Acevedo,
applicant, NS 01-89.
The staff report was noted and further explained by Planner II Durkin.
Huberto Acevedo stated that this is a great town and would like to start a
restaurant in Gilroy.
Councilman Gartman requested that an additional condition #24 be added that
the small windows on the northwest elevation and one on the southeast elevation
be continued along the second floor elevation on the southeast and southwest
elevations.
Motion was made by Councilman Morales, seconded by Councilman
Arellano and carried to direct staff to prepare a resolution approving NS 01-89,
with an additional condition #24 added that the small windows on the northwest
elevation and one on the southeast elevation be continued along the second floor
elevation on the southeast and southwest elevations.
Cultural Facilities The Mayor noted appointment of Cultural Facilities Task Force Members.
Task Force
Motion was made by Councilman Gartman, seconded by Councilman Morales
and carried to appoint Lael McCormack, Richard Young, Rosalind Farotte, Sally
Connell, and Renee Harrigan as at-large members to the Cultural Facilities Task
Force; Andrea Habing and Donna Pray from the Arts & Culture Commission; Al
Navaroli and Sherri Stuart from the Parks and Recreation Commission; Cat Tucker
from the Planning Commission; Dennis Gaxiola from the Hispanic Chamber of
Commerce; Susan Valenta from the Gilroy Chamber of Commerce; Shirley McGee
from the Theater Angels Art League; Arline Silva from the Symphony; and Phil
Robb from the Gilroy Unified School District.
7858
Pub. Hearing
GPA 99-01
The Mayor stated it was the time and place for a continued Public Hearing on
the General Plan Update. The proposed 2001 Update of the City of Gilroy's
General Plan document is the first comprehensive update of the General Plan since
its initial adoption in November, 1979. The proposed 2001 General Plan Update
provides a guide for the physical development of the City, and brings the Plan into
conformance with changes in State law and other legal requirements; reflects
changes in the local population and economy since 1979; incorporates the most
recent projections and assumptions regarding future growth; responds to the
issues, challenges and opportunities created by recent trends and developments.
The proposed 2001 General Plan Update includes goals, policies and programs
regarding State-mandated general plan elements (Land Use, Circulation, Housing,
Open Space, Conservation, Safety, and Noise), and "optional elements"
(Agriculture, Air Quality, Cultural Facilities, Economic Development, Growth
Management, Historic Preservation, Parks and Recreation, Scenic Highways,
Schools, and Water Supply and Quality) to the year 2020.City of Gilroy, applicant,
GPA 99-01.
(At 6:54 p.m. Councilman Pinheiro left the Council Chambers, and returned at
6:56 p.m.)
The staff report was noted and further explained by Planning Division Manager
Faus.
The Mayor opened the Public Hearing.
(At 7:07 Councilman Morales left the Council Chambers, and returned at 7:08
p.m.)
Al Navaroli read a letter into the record from Sam Bozzo dated February 13,
2001 (noting that the year was incorrect and should read 2002) in support of
approval of the 660 acres.
Neelima Palacherla, LAFCO, noted that the inclusion of the 660 acres is
inconsistent with LAFCO policies. She answered questions posed by the
Councilmembers. She noted that LAFCO is open to working with the City of
Gilroy.
(At 7:38 Councilman Dillon left the Council Chambers, and returned at 7:40
p.m.)
Connie Rogers stated that she was speaking as a former Planning
Commissioner, former City Councilmember, and former General Plan Update
Committee (GPUC) member. She noted that in the 1980s and 1990s, City
Planning staff counseled Planning Commission members and Councilmembers to
avoid discussion regarding development ofthe 660 acreage due to flooding issues,
the expense of the infrastructure, and because of the ag preservation issue until
after the General Plan was completed, when the minority report came out. She
noted that the GPUC recommended approval of the General Plan without the
addition of the 660 acres. She said after that, the minority report was presented
requesting the 660 acres be included.
At 8:34 p.m. the Mayor called for a recess, after which he recalled the meeting
to order.
Bill Lindsteadt reminded the Council of a concern he has of the traffic
circulation Levels Of Service (LOS) on the east side. He asked for uniformity of
LOS ofD on the east side. He noted that he agreed with the Rural Residential
designation recommended by the Planning Commission on the area to the north by
Masten Avenue.
Kelly R. Crowley, Santa Clara County Audubon Society, stated opposition to
inclusion of the 660 acres. She noted that she approved of a voter-approved
Urban Growth Boundary.
7859
Anne Crealock, Greenbelt Alliance, noted traffic issues related to the 660
acres. She commented on the issue of quality oflife in Gilroy, noting that
development can occur on current vacant parcels within the existing boundary.
David Collier noted his experience on the Ag Task Force. He commented on
the Industrial land use availability. He noted that there is no proof that the 660
acres is needed. He asked that the City reaffirm its agreement with the "Strategies
To Balance Planned Growth and Agricultural Viability."
(At 9:32 p.m. Councilman Dillon left the Council Chambers and returned at
9:34 p.m.)
Barbara Rocchi, Denio Avenue, noted that she did not know of any outreach
for the General Plan process. She stated that the campus industrial area to the
north should be taken out and left as it is currently.
Suellen Rowlison, former Councilperson and GPUC member, stated that she
was speaking on behalfofSOS (Save Open Space). She noted that the superior
alternative is the original General Plan document and EIR. She explained that the
law firm of Shute, Mihaly & Weinberger reviewed the revised General Plan
document and EIR, and found inadequate responses to comments received on the
EIR. She noted concern that the Council may be pulling the General Plan area
back from the line at Masten Avenue to Cohansey Avenue, and was told that that
was not correct.
(At 9:59 p.m. Councilman Pinheiro left the Council Chambers, and returned at
10:02 p.m.)
Planning Division Manager Faus reviewed the outreach that was provided for
the General Plan update process.
(At 10:32 p.m. Councilman Morales left the Council Chambers and returned at
10:33 p.m.)
(At 10:33 p.m. Councilman Dillon left the Council Chambers and returned at
10:35 p.m.)
Carolyn Tognetti, member of the GPUC, noted that she did outreach to the
community during the process. She noted internal inconsistencies that she saw in
the General Plan with bringing in the 660 acres. She clarified some of the
proponents claims about the 660 acres. She reviewed what she had hoped for as a
GPUC member. She noted her opposition to the inclusion of the 660 acres.
(At 11 :05 p.m. Councilman Gartman left the Council Chambers, and returned
at 11:07 p.m.)
Tony Lupina, representing property between Las Animas Avenue and
Cohansey, stated that it was his understanding that the property was going to be
taken out of the General Plan. He stated that his client does wish to stay in the
Urban Service Area. He noted Rural Residential is not appropriate, and that the
property should be left industrial.
(At 11: 16 p. m. Councilman Arellano left the Council Chambers, and returned
at 11:18 p.m.)
Joe Chase noted his work on the General Plan update. He noted his opposition
to inclusion of the 660 acres into the General Plan.
Norman Watenpaugh stated that he has 70 years in agriculture. He noted the
660 acres is prime farmland. He stated concern about how the sewage water will
be removed from the area. He noted that a few drainage ditches will not solve the
drainage problem.
7860
Cathy Monahan stated her support for the addition of the 660 acres into the
General Plan. She noted that NAFT A has decreased the viability of agriculture in
California.
Lee Wieder stated that he is representing the owners of the 660 acres. He
thanked the Council and all the people involved in the General Plan process. He
stated that the Council was responsive to the property owners, and delayed the
process to review the area. He noted the letter from SOS and stated that if there
are inadequacies in the EIR, that they need to be addressed. He noted a six page
submittal previously presented outlining how bringing the 660 acres in is consistent
with policies in the General Plan. He reiterated that this process is just to include
property into the 20-year plan. He stated that this property will still need to go
through a very detailed Specific Plan process. He discussed the possible loss of ag
land. He noted that the growers are having problems, due to the cost of the
farming operations. He stated that he thinks there can be a win-win situation with
LAFCO on this problem. He noted the letter from Peter MacDonald, representing
the 660 landowners.
(At 12:04 a.m. Councilman Velasco left the Council Chambers, and returned at
12:08 a.m.)
(At 12: 14 a.m. Councilman Dillon left the Council Chambers, and returned at
12: 17 a.m.)
Janet Espinosa noted that she lives where the flood waters and traffic will go.
She noted the Council needs to contain the growth, and keep the quality oflife in
Gilroy. She stated that she would like to see agriculture stay here, and retain the
employment possibilities, even though at times it may not turn a profit. She
requested the 660 acres not be developed. She stated that bigger is not always
better.
Dirk Buchser noted that he currently farms about 400 acres of the 660 acres.
He noted that farming is not profitable. He asked Council to listen to the voters.
Tony Sudol noted the good work of the GPUC. He commented on the
outreach for the General Plan Update. He noted that he is a proponent for an
Urban Growth Boundary. He stated that the 660 acres is a better location for the
Campus Industrial area, due to the traffic flow possibility. He requested the area
at the southeast corner of Santa Teresa Boulevard and Miller be left as open space,
rather than be changed to residential.
Mr. Heinberg noted the price of property in the campus industrial area to the
north of Gilroy near Las Animas Avenue. He noted that the developers of the
industrial area will not pay the price requested for this land.
The Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to continue discussion to March 11,2002 at 6:30 p.m.
Councilman Arellano requested information as to how the industrial inventory
was prepared.
The Mayor returned to the regular order of the agenda.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda. There was no comment from anyone in the audience.
The following informational items were noted with no separate discussion on
same:
Plan. Com.
1-23-02
2- 7 -02
SCRWA
1-8-02
Charter Com-
munications
Amicus
7861
Legislation:
League of California Cities Priority Focus #5-2002 dated February 1,2002;
and
Letter from the League of California Cities announcing the new Regional
Representative assigned to the Peninsula Division, Rebecca Elliot.
Customer Service:
Email ofthanks from Katherine Filice to Jay Baksa for assistance in the
designation of a Police Department representative for the Glen Lorna Ranch
community brainstorming session; and
Email of thanks from Roger Mortensen, Entegris Inc. to the Community
Development Department staff in appreciation for the ease of working with staff
during their expansion project.
Informational items:
Information from the Advisory Council of the Council on Aging;
Letter from the Silicon Valley Manufacturing Group requesting participation in
the Annual Advocacy Trip to Sacramento on April 2-3, 2002;
Gilroy Economic Development Corporation minutes of January 11,2002; and
City of Gilroy Investment Report dated January, 2002.
The reports of the Planning Commission meetings of January 23,2002 and
February 7, 2002 were noted.
The minutes of the South County Regional Wastewater Authority meeting of
January 8, 2002 were noted.
The Mayor noted a discussion regarding amendment to the franchise
agreement for Charter Communications.
The City Administrator stated that a Public Hearing will be held on March 4,
2002 on this issue.
Councilman Pinheiro requested language in the document to the effect that if in
the future, state of the art technology is available and able to be undergrounded,
that it be done.
The City Administrator announced that the City received the $1.666 million
MTC grant on the Streetscape Phase II Project. He distributed the 2002 Goals
and Objectives binder and the 2002 W orkplan.
The City Attorney noted a request to join an amicus regarding Oak Creek
Estates v. Town of Paradise, Third District Court of Appeal Nos. C038577 and
C039424.
Motion was made by Councilman Velasco, seconded by Councilman Pinheiro
and carried to join an amicus regarding Oak Creek Estates v. Town of Paradise,
Third District Court of Appeal Nos. C038577 and C039424.
The City Attorney distributed handouts for next Monday's session on the
Brown Act and Conflict of Interest.
The Mayor noted that the City of Morgan Hill has requested that the City of
Gilroy join in a lawsuit that they have filed regarding redistricting. The Council
agreed that they were not interested in joining the lawsuit.
7862
Councilman Arellano stated that he was not interested in writing a letter on AB
680.
Councilman Velasco noted that the Gilroy Youth Center was finally purchased
from P G & E.
The Mayor noted that former Councilman George White passed away at his
home yesterday, and that his funeral service will be held on Friday at 2:00 p.m. at
St. Stephen's Episcopal Church.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
FEBRUARY 2002
19*Regular City Council Meeting - 6:00 p.m., Gilroy City Council Chambers
25 Workshop for CouncilmemberslBoardmembers/Commission Members on the
Brown Act. Conflict ofInterest. and Meeting Procedure - 7:00 p.m., City
Council Chambers
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
MARCH 2002
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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
APRIL 2002
1 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers
1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
15*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
MAY 2002
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 * Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers
14 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
20*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
28 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment At 1:20 a.m. the Mayor adjourned the meeting in memory offormer
Councilman George White.
Respectfully submitted,
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/s/ RHONDA PELLIN, CMC
City Clerk