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Minutes 2006/04/03 8505 Regular Meeting April 03,2006 Gilroy, California The Mayor led the Pledge of Allegiance to the flag. Pastor Bruce Rowlison, Gilroy Presbyterian Church, gave the invocation. City Clerk Pellin noted that the agenda had been posted on March 29,2006 at 1:35 p.m. and the addendum to the agenda had been posted on March 31, 2006 at 10:05 a.m. Roll Call Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette; Roland Velasco; Al Pinheiro - 7:00 p.m. The Mayor announced that the Council had adjourned from a Closed Session regarding Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a) and that no action had been taken (the closed session regarding Conference with Labor Negotiator was cancelled). Orders of the Day The Mayor announced that this meeting would be adjourned in memory of Personnel Commissioner John Young and Senator Al Alquist. Introductions The following new employee was introduced: Winona Barbieri, Office Assistant I, Police Department. Presentations & Proclamations The Mayor presented the Volunteer of the Month March, 2006 award to Linda Scariot-Myers. The Mayor presented a proclamation to City Clerk Rhonda PeIlin for Voter Education Month - April, 2006. The Mayor presented a proclamation to Evan Low for National Volunteer Month - April, 2006. 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 comments by the public. Consent Calendar Motion was made by Councilman Valiquette, seconded by Councilman Gartman and carried to approve the Consent Calendar. Minutes of the Regular Council Meeting of March 20,2006. Approved Budget Amendments/Transfers. Denied claims of William Griffiths, Maureen Hunter, Interstate Distributor Company, and USAA as subrogee for Fredrick Collom. Resolution of the City Council of the City of Gilroy authorizing the filing of an application for Federal Surface Transportation Program Funding for Forest Street Pavement Rehabilitation and committing the necessary non-federal match for the projects(s) and stating the assurance of the City of Gilroy to complete the project. RESOLUTION NO. 2006-21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURF ACE TRANSPORT ATION PROGRAM FUNDING FOR FOREST STREET PAVEMENT REHABILITATION AND COMMITTING THE NECESSARY NON-FEDERAL 8506 MATCH FOR THE PROJECTS(S) AND STATING THE ASSURANCE OF THE CITY OF GILROY TO COMPLETE THE PROJECT. PASSED AND ADOPTED this 3rd day of April, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Resolution of the City Council of the City of Gilroy declaring certain weeds growing in the City of Gilroy to be a public nuisance, describing weeds which constitute such nuisance, setting a hearing for objections to the proposed destruction or removal of said weeds, and providing for giving notice of the adoption of the resolution by publication thereof RESOLUTION NO. 2006-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS GROWING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DESCRIBING WEEDS WHICH CONSTITUTE SUCH NUISANCE, SETTING A HEARING FOR OBJECTIONS TO THE PROPOSED DESTRUCTION OR REMOVAL OF SAID WEEDS, AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF. PASSED AND ADOPTED this 3rd day of April, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Request to reappoint Thomas Muniz to the VT A's Bicycle & Pedestrian Advisory Committee. Hecker Pass Specific Plan Area Road Alignment affirmation of action taken on March 22,2006 study session selecting Alternative 7. A Resolution of the City Council of the City of Gilroy approving SPE 04-06 for a Small Project Exemption from the Residential Development Ordinance for 10 residential units with one existing single-family home to remain on approximately 4 acres at 5875 Miller Avenue (west of the Miller, Thomas, and Mesa Road intersection), APNs 810-28-014 and -015. RESOLUTION NO. 2006-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 04-06 FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR 10 RESIDENTIAL UNITS WITH ONE EXISTING SINGLE-F AMIL Y HOME TO REMAIN ON APPROXIMATELY 4 ACRES AT 5875 MILLER AVENUE (WEST OF THE MILLER, THOMAS, AND MESA ROAD INTERSECTION), APNS 810-28-014 AND -015. PASSED AND ADOPTED this 3rd day of April, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNC~MEMBERS: NONE Bids and Proposals City of Gilroy - City Vehicles and Equipment Recommendation to award the bid for one (1) 2007 Chevrolet Suburban 4WD - Bid #06-ASD-126, to Gilroy Chevrolet in the amount of$40,153.17. City Administrator Baksa presented a recommendation to award the bid for one (1) 2007 Chevrolet Suburban 4WD - Bid #06-ASD-126, to Gilroy Chevrolet in the amount of $40, 153.17. 8507 Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried to award the bid for one (1) 2007 Chevrolet Suburban 4WD - Bid #06-ASD-126, to Gilroy Chevrolet in the amount of $40, 153.17. Eagle Ridge Homeowners Association Public Hearing to consider an Ordinance authorizing police enforcement of traffic laws and the establishment ofa speed limit of30 miles per hour on Club Drive from Santa Teresa Boulevard to the Eagle Ridge Golf Course Driveway. The staff report was noted and further explained by City Transportation Engineer Dey. He explained the speed survey procedure. The Mayor opened the Public Hearing. Eric Still stated that 30 mph is not a good idea on this roadway. He noted that he felt that 25 mph should be the maximum. He questioned whether Club Drive is built to standards. He stated that with the residents going 50 mph, moving the limit to 30 mph would only encourage faster speeds. Mark Jury stated that most cities are trying to reduce the speed, not increase the speed. He requested the Council not raise the speed limit. Mike Walker stated that he has been a police officer for 13 years, and urged the Council to do whatever they can to enforce the traffic laws, even if the speed limit has to go to 30 mph. David Light, former president of the HOA, noted that they have put in various speed calming techniques to no avail. He stated that with the Police presence, the speed should be reduced. He also commented that they will be making some changes to the signage in the subdivision. When asked if their private security could issue tickets, he stated that they prefer not to have the private security do this. The Mayor closed the Public Hearing. Motion was made by Councilman Arellano, seconded by Councilman Velasco and carried (Council members Bracco and Valiquette voting no) 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 Arellano and carried (Council members Bracco, Gartman, and Valiquette voting no) to introduce an Ordinance of the City Council of the City of Gilroy making certain findings and declarations pursuant to Section 21107.6 of the California Vehicle Code, authorizing the City's Police Department to enforce the provisions of the Vehicle Code on Club Drive from Santa Teresa Boulevard to the Eagle Ridge Golf Course Driveway, and establishing a speed limit of thirty (30) miles per hour thereon. Community Development Block Grant Public Hearing to review the proposed 2006-2007 Community Development Block Grant (CDBG) Public Service funding allocations (One-Year Action Plan). The staff report was noted and further explained by HCD Coordinator Roaf and Citizens Advisory Committee Chair Libby Lai. The Mayor opened the Public Hearing. Barry Del Buono, EHC, thanked the Committee and Council for the funding provided so they can provide services to the citizens of Gilroy. Libby Tait, Catholic Charities, thanked the City Council on behalf of Catholic Charities for their continued support. The Mayor closed the Public Hearing. 8508 Motion was made by Councilman Valiquette, seconded by Councilman Bracco and carried to adopt Staff recommendations as follows, and to continue the Public Hearing to May 1,2006 to consider adoption of the 2006-2007 CDBG funding allocations (One- Year Action Plan). Catholic Charities - Daybreak Respite & Care Giver Support Services $5,000 Catholic Charities - Long Term Care Ombudsman $5,000 Live Oak Adult Day Services - Adult Day Care $5,410 MACSA Employment: Project Independence $7,674 MACSA Summer Day Camp $15,716 Outreach & Escort, Inc. - Special Needs Transportation $4,000 Rebekah Children's Services - Teen Mom's Program $5,500 Second Harvest Food Bank - Operation Brown Bag $5,700 St. Joseph's Family Center - Employment Services $35,000 Community Solutions - La Isla Pacifica $8,000 Emergency Housing Consortium - Housing for Homeless Residents $15,000 St. Joseph's Family Center - Housing & Family Services $15,000 Silicon Valley Independent Living Center $5,000 South Valley Disposal and Recycling Public Hearing to consider revision and adjustments of charges for the collection of garbage, rubbish and refuse in the City of Gilroy. Councilman Bracco recused himself from discussion and vote on this item due to business interests with the applicant, stepped down from the dais and left the room. The staff report was noted and further explained by City Administrator Baksa. The Mayor opened the Public Hearing. There being no comments from the public, the Mayor closed the Public Hearing. Motion was made by Councilman Velasco, seconded by Councilman Correa and carried (Councilman Bracco absent) to adopt Resolution No. 2006-24 setting maximum charges for the collection of garbage, rubbish, refuse, and recyclable materials. RESOLUTION NO. 2006-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE, RUBBISH, REFUSE, AND RECYCLABLE MATERIALS. PASSED AND ADOPTED this 3rd day of April, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMrnMBERS: NONE ABSENT: COUNCILMEMBERS: BRACCO Councilman Bracco returned to his seat at the dais. South County Housing An Ordinance of the City Council of the City of Gilroy amending Gilroy Zoning Ordinance Section 50.61(b)(3) to allow flexibility in the number of units exempted from the provisions of the Residential Development Ordinance for non-profit developers. South County Housing (c/o Karen Saunders), applicant, Z 06-01. Mayor Pinheiro recused himself from discussion and vote on this item due to business interests with the applicant, stepped down from the dais and left the room. Dennis Lalor noted the request by the Council to continue this item until after the May 3,2006 study session on Affordable Housing. He explained that this is not a piecemeal project, and was very carefully done. He stated that the current delay would put them past their contract date, which will cost them approximately $800 per day. He stated that any further delay would have additional significant negative impacts. He requested the City Council avoid any further delay and act on this request tonight. 8509 Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Mayor Pinheiro absent) 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 Arellano, seconded by Councilman Bracco and carried (Councilmembers Gartman and Velasco voting no and Mayor Pinheiro absent) to introduce an ordinance of the City Council of the City of Gilroy approving Z 06-01. The Mayor returned to his seat at the dais. City of Gilroy - General Plan An Ordinance of the City Council of the City of Gilroy amending the Gilroy Zoning Ordinance to conform to the newly adopted Downtown Specific Plan, City of Gilroy, applicant, Z 06-02. 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. 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 Z 06-02. Commissions/Boards Resignation of Howard Franklin, South County Joint Planning Advisory Committee member. Motion was made by Councilman Velasco, seconded by Councilman Valiquette and carried to accept the resignation with regrets. Motion was made by Councilman Velasco, seconded by Councilman Arellano and carried to open recruitment for this opening. Request to fill vacancy on the Personnel Commission due to the death of John Young. Motion was made by Councilman Valiquette, seconded by Councilman Gartman and carried to open recruitment for this opening. City of Gilroy - Employee Retirement Plans Request to approve an amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council, City of Gilroy. The staff report was noted and further explained by City Administrator Baksa. Motion was made by Councilman Correa, seconded by Councilman Arellano and carried to adopt Resolution No. 2006-25 oflntention to approve an amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council, City of Gilroy. RESOLUTION NO. 2006-25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL, CITY OF GILROY. PASSED AND ADOPTED this 3rd day of April, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Motion was made by Councilman Correa, seconded by Councilman Valiquette 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. 8510 Motion was made by Councilman Arellano, seconded by Councilman Valiquette and carried to introduce an Ordinance of the City Council of the City of Gilroy Authorizing an amendment to the Contract between the City Council of the City of Gilroy and the Board of Administration of the California Public Employees' Retirement System. City Administrator's Report City Administrator Baksa noted the joint study session with the Gilroy Unified School District Board of Education next Monday night. He also announced that there will be a SCR W A meeting next week. Council Members Report Councilman Velasco asked if staff could provide additional information for the May 3,2006 Affordable Housing study session to include a City map showing all affordable housing projects and note those adopted since 2000, the number of units approved, and any other relevant information. He requested that staff also survey comparable cities to see how many affordable units have been built in those cities since 2000. Councilman Gartman distributed information regarding a general revenue bond for repair of all sidewalks and gutters. Councilman Valiquette distributed information placed in his mailbox on Saturday regarding Gilroy High School's response to the recent walk-outs, and requested that this be discussed at the workshop with the Gilroy Unified School Board on April 10, 2006. Mayor's Report Mayor Pinheiro noted the VT A meeting today that he attended, stating that they are looking at an expenditure plan and to review priorities. *Meeting will be televised on Channel 17 APRIL 2006 3 Closed Session - 6:00 p.m., Gilroy City Council Chambers 3* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 10 Quarterly Workshop with the Gilroy Unified School Board - 6:00 p.m., Gilroy City Council Chambers 11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy MAY 2006 1 * Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 3 Joint City Council/Planning Commission Affordable Housing Workshop - 6:00 p.m., Senior Center Meeting Room 8* Budget Workshop - 6:00 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 JUNE 2006 5* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 12* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers (rescheduled from June 19,2006) 13 SCRWAMeeting -7:30 a.m., 1500 Souths ide Drive, Gilroy 27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Review of the RDO (Residential Development Ordinance) point system. Adjournment At 9.13 p.m. the Mayor adjourned the meeting to the meeting of April 17, 2006 in memory of Personnel Commissioner John Young and Senator Al Alquist. ,')'1 ,(, . J J '--/\ !? .... - .../. . . \'_.!.._~!_(AL~l!if-::: _ __~~.L~:lL.L_(..l.~,-________________ Isl RHONDA PELLIN, CMC City Clerk