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Minutes 2007/04/16 8640 Regular Meeting April 16, 2007 Gilroy, California Mayor Pinheiro led the Pledge of Allegiance to the flag. Father Saju Joseph, St. Mary Catholic Church, gave the invocation. City Clerk Pellin noted that the agenda had been posted on April 11, 2007 at 10:45 a.m. Roll Call Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette; Roland Velasco; Al Pinheiro. Orders of the Day There were no changes to the agenda. Introductions The following promoted employees were introduced: Randall Wong, Fire Engineer, Fire Department and Christopher Weber, Fire Captain, Fire Department. Presentations & Proclamations Mayor Pinheiro noted an update by Barry Del Buono, EHC LifeBuilders, on the Sobrato Transitional Center. Mayor Pinheiro noted a presentation by South Valley Disposal & Recycling, Inc. of the 2006 Business Recycler of the Year to Wheat Valley Bakery and the 2006 Residential Recycler of the Year to the Ilasin Family. Karen LaCorte, Chairperson of the Arts & Culture Commission, gave a report on their activities. Presentations by members ofthe 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 Correa, seconded by Councilman Valiquette and carried (Councilman Arellano absent) to approve the Consent Calendar, removing Item IILA. Minutes of the Regular Council Meeting of April 2, 2007, Item III.G. Deferral of Utility Undergrounding at 345 Leavesley Road, and Item IILH. Resolution establishing the January 1,2007 salary schedules for Exempt/Management personnel. Recommendation to Approve Budget Amendments/Transfers. Notice of Acceptance of Completion, Forest Street Park and the Oaks Play Area at Las Animas Veterans Park, Project No. 05-CDD-112, Perma Green Hydroseeding, Inc. Property Improvement Agreement No.: 2007-02, Tract 9841 [should be 9867, incorrect on agenda] - Alexander Place, APN: 841-04-006, Alexander Place Development, LLC, A Delaware Limited Liability Company, BY: South County Community Builders, A California Non-Profit Public Benefit Corporation. Notice of Acceptance of Completion, Property Improvement Agreement No. 2006- 01, Tract No. 9747, Eagle Ridge, Eagle Ridge Group 3 Estates - Berwick Lane @ Strath Place, Eagle Ridge Development Company LLC. Notice of Acceptance of Completion, Property Improvement Agreement No. 2005- 16, Tract No. 9686, Portmarnock Court at Eagle Ridge, APN: 810-40-005,810-56-021 & 022,810-57-017 & 019, Eagle Ridge Development Company LLC. Minutes of the Regular Council Meeting of April 2, 2007. 8641 Councilman Velasco stated that he will abstain from voting on this item as he did not view the meeting of April 2, 2007. City Council Motion was made by Councilman Bracco, seconded by Councilman Valiquette and carried (Councilman Velasco abstaining and Councilman Arellano absent) to approve the minutes of the Regular Council meeting of April 2, 2007. Underground Utilities Recommendation for deferral of Utility Undergrounding at 345 Leavesley Road, Arroyo Hair and Nail Salon. Motion was made by Councilman Arellano, seconded by Councilman Bracco and carried to approve deferral of Utility Undergrounding at 345 Leavesley Road, to be triggered when the last of the three parcels of325, 335, and 345 Leavesley Road develop. Employee Pay Plan Councilman Velasco recused himself from discussion and vote on the next item, due to a financial conflict of interest as his spouse works for the City of Gilroy, stepped down from the dais and left the room. Resolution of the City Council of the City of Gilroy establishing the January 1,2007 salary schedules for Exempt/Management personnel. For the record, Councilman Valiquette stated that one group is still going to be left behind as their bosses get bumped up. Motion was made by Councilman Arellano, seconded by Councilman Bracco and carried (Councilman Gartman voting no and Councilman Velasco absent) to adopt Resolution No. 2007-29 establishing the January 1,2007 salary schedules for Exempt/Management personnel. RESOLUTION NO. 2007-29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING THE JANUARY 1,2007 SALARY SCHEDULES FOR EXEMPTIMANAGEMENT PERSONNEL. PASSED AND ADOPTED this 16th day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, VALIQUETTE, AND PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: VELASCO Councilman Velasco returned to his seat at the dais. At 8:43 p.m. Mayor Pinheiro called for a recess, after which he recalled the meeting to order. Bids and Proposals Police Department Recommendation to award the bid for two Mobile Data Computers to Data911 in the amount of $28,247.10 and set Data911 as the standard for future MDC purchases. City Administrator Baksa presented a recommendation to award the bid for two Mobile Data Computers to Data911 in the amount of $28,247.10 and set Data911 as the standard for future MDC purchases. Motion was made by Councilman Correa, seconded by Councilman Arellano and carried to award the bid for two Mobile Data Computers to Data911 in the amount of $28,247.10 and set Data911 as the standard for future MDC purchases. Mayor Pinheiro deviated from the regular order of the agenda to accommodaterinterested persons in the audience. 8642 Pacific Mobile Estates A continued Public Hearing on a Tentative Map request to create 178 residential lots on approximately 23.59 acres on property zoned R3 (Medium Density Residential), located at 500 West Tenth Street (Pacific Mobile Estates). Don Jurow, applicant, TM 06-16. The staff report was noted and further explained by Planner II Polubinsky, including the addition of conditions #50 & #51. Mayor Pinheiro opened the Public Hearing. Sid Holstein answered general engineering/map questions posed by the City Council. He noted that the City Council's discretion is limited in this type of tentative map. He commented that the cost has not been established for the lots. He explained that none of the tenants are required to buy, move, or be evicted due to this conversion. He noted that they are in agreement to adding conditions #50 and #51. Richard Close spoke regarding the process of the residents purchasing their lot. He noted that the Department of Real Estate will provide a public report, after which the tenants will know what it would cost to purchase their lot. He explained that this price can not increase. Sharon McKeegan stated that she has lived in the park for 21 years, and asked that the Council add a condition that this be approved as an affordable project rather than a market rate project. City Attorney Callon requested a copy of the tenant survey and results. She also questioned when the cost of the purchase has to be disclosed to the tenants. Susie Forbeth explained that about 80% of the residents are low income and that their rent would not increase except for the yearly CPI. Gus Colgain questioned why the City of Gilroy has not placed a moratorium regarding the allowance of mobile home park condominium conversion. Richard Janisch, resident of the mobile home park, stated that the hands of the residents are tied, and that they don't have a lot that they can say about it. Dorrie Pemberton, resident of the park, stated that you are the Council for the City of Gilroy and that you may have your hands tied, but they are not an island. She asked that the Council speak for the residents and make sure that this is legal. Mayor Pinheiro closed the Public Hearing. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried to continue TM 06-16 to May 7, 2007 to obtain additional information. At 9:58 p.m. Mayor Pinheiro called for a recess, after which he recalled the meeting to order and returned to the regular order of the agenda. Chappell, Marty A continued 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. The staff report was noted and further explained by Planner II Polubinsky. Mayor Pinheiro opened the Public Hearing. Amanda Wilson noted that the existing additional parcel only has a 25' frontage onto the street, so it cannot be split. Marty Chappell explained that the Fire Marshal has stated that there can only be 75 lots built there. He stated that if requirements change in the future regarding the Fire 8643 Code, he stated that there is no reason to add the condition regarding future splits as he has no plans for anything like that. Mayor Pinheiro closed the Public Hearing. Motion was made by Councilman Velasco, seconded by Councilman Bracco and carried to direct staff to prepare a resolution modifying TM 06-06 to add a condition that no off-site construction signs be placed in the right-of-way. Mayor Pinheiro recused himself from discussion and vote on the following item due to business interests with the applicant. Almeida Construction Public Hearing on a Tentative Map request to create 22 residential condominiums and 6 commercial condominiums in a new three-story mixed use building, not yet constructed, on 2 parcels totaling approximately 17,668 square feet, on property zoned DHD (Downtown Historic District), located at 7680 Monterey Street, on the east side of Monterey Street, south ofIOOF Avenue. Afonso Almeida, applicant, TM 06-17. The staff report was noted and further explained by Planner II Polubinsky. Mayor Protempore Arellano opened the Public Hearing. Claret Almeida stated that they have worked with staff on all the requirements. She stated that they have gone over and above requirements and noted that the cost to underground is enormous, and it would not be feasible for the project. Mayor Protempore Arellano closed the Public Hearing. Motion was made by Councilman Velasco, seconded by Councilman Bracco and carried (Mayor Pinheiro absent) to direct staff to prepare a resolution modifying TM 06- 17, to add a condition that no off-site construction signs be placed in the right-of-way, with an amendment to have the developer provide the cost to underground the utilities. Mayor Pinheiro returned to his seat at the dais. Gilroy Unified School District Zone Change request from PF (Public Facility) to Cl (Neighborhood Commercial) on 2.15 acres, on property located at the northerly portion of the Brownell School site on First Street, between Carmel and Hanna Streets. Gilroy Unified School District (c/o Steve Brinkman), applicant, Z 06-15. The staff report was noted and further explained by Interim Planner II Schwarz. Mayor Pinheiro opened the Public Hearing. Lee Wieder noted that a letter he distributed to the Council was dated March 26, 2001, noting that this has been in the works for some time. In answer to a question, he stated that the School District has no need for the alley property nor the cost involved with abandonment of the alleyway. Maureen Hunter distributed information regarding the request. She noted that she owns two houses near the project area and is concerned that the neighborhood character be maintained. She stated that she is against the request. David Bettencourt explained that there are 8 older homes in the area, with 4 granny units, and 4 smaller units in the area. He noted concern with the welfare of the people in that block. He also noted concerns with the alleyway becoming a truck service route to the businesses that will go in that area. He stated that the alley could be closed off except for the needs of the City. He stated that his quality oflife will be diminished. Steve Brinkman, GUSD, addressed the alley issue and open space issue. He noted that access to the alley would be from First Street and Hanna Street. He commented that they will need to use the alley to support the needs of Brownell School. He stated that the Master Plan was done for this site and culminated in the plans for losing the two acres to the north of the site. 8644 Mayor Pinheiro closed the Public Hearing. Motion was made by Councilman Gartman, seconded by Councilman Valiquette and carried to direct staff to prepare an ordinance approving Z 06-15. El Estero Carwash Architectural & Site-Planned Unit Development review to allow the addition and renovation of an existing carwash on property zoned C3-PUD (Shopping Center Commercial-Planned Unit Development), located at 951 First Street, west of the Safeway Store. Reid Lerner, applicant, A/S-PUD 06-38. The staff report was noted and further explained by Planning Technician Felice. Motion was made by Councilman Bracco, seconded by Councilman Valiquette and carried to direct staff to prepare a resolution approving A/S-PUD 06-38. Bridges Camino Arroyo Bridge Construction and Sixth Street Traffic Improvement Project. City of Gilroy, applicant, M 04-09. The staff report was noted and further explained by Senior Civil Engineer Dey. Motion was made by Councilman Correa, seconded by Councilman Bracco and carried to adopt the Mitigated Negative Declaration, finding that the Mitigated Negative Declaration was completed in compliance with CEQA, that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City, and that there is no substantial evidence that the project as mitigated will have a significant effect on the environment. Motion was made by Councilman Velasco, seconded by Councilman Correa and carried to approve the construction design for the Camino Arroyo Bridge Project and Sixth Street Traffic Management improvements. Stop Signs Motion was made by Councilman Velasco, seconded by Councilman Arellano and carried to approve Resolution No. 2007-30 establishing stop control on Sixth Street at its intersection with Alexander Street in the City of Gilroy pursuant to Section 15.40 of the City Code. RESOLUTION NO. 2007-30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING STOP CONTROL ON SIXTH STREET AT ITS INTERSECTION WITH ALEXANDER STREET IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE. PASSED AND ADOPTED this 16th day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Stop Signs Motion was made by Councilman Velasco, seconded by Councilman Correa and carried to approve Resolution No. 2007-31 establishing stop control on Sixth Street at its intersection with Chestnut Street in the City of Gilroy pursuant to Section 15.40 of the City Code. RESOLUTION NO. 2007-31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING STOP CONTROL ON SIXTH STREET AT ITS INTERSECTION WITH CHESTNUT STREET IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE. PASSED AND ADOPTED this 16th day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, AND PINHEIRO 8645 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Stop Signs Motion was made by Councilman Velasco, seconded by Councilman Arellano and carried to approve Resolution No. 2007-32 establishing stop control on Sixth Street at its intersection with Princevalle Street in the City of Gilroy pursuant to Section 15.40 ofthe City Code. RESOLUTION NO. 2007-32 MOTION TO APPROVE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING STOP CONTROL ON SIXTH STREET AT ITS INTERSECTION WITH PRINCEV ALLE STREET IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE. PASSED AND ADOPTED this 16th day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Pinheiro recused himself from discussion and vote on Items VI.C., VI. G. VI. H., and VLI., due to business transactions with the applicant, stepped down from the dais, and left the room. South County Housing An Ordinance of the City Council of the City of Gilroy approving application Z 07-01 for a change in zoning designation from Al (Agricultural) to pre-zone the project to ND- PUD (Neighborhood District-Planned Unit Development) on approximately 10.68 acres located on Vickery Avenue, west of Wren Avenue, (APN 790-06-016). South County Housing (c/o Karen Saunders), applicant. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried (Councilmembers Gartman and Velasco voting no and Councilman Pinheiro absent) to adopt Ordinance No. 2007-09 approving application Z 07-01 for a change in zoning designation from Al (Agricultural) to pre-zone the project to ND-PUD (Neighborhood District-Planned Unit Development) on approximately 10.68 acres located on Vickery Avenue, west of Wren Avenue, (APN 790-06-016). South County Housing (c/o Karen Saunders), applicant. ORDINANCE NO. 2007-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 07-01 FOR A CHANGE IN ZONING DESIGNATION FROM Al (AGRICULTURAL) TO PRE-ZONE THE PROJECT TO ND-PUD (NEIGHBORHOOD DISTRICT-PLANNED UNIT DEVELOPMENT) ON APPROXIMATEL Y 10.68 ACRES LOCATED ON VICKERY AVENUE, WEST OF WREN AVENUE, (APN 790-06-016). SOUTH COUNTY HOUSING (C/O KAREN SAUNDERS), APPLICANT. PASSED AND ADOPTED this 16th day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, AND VALIQUETTE NOES: COUNCILMEMBERS: GARTMAN AND VELASCO ABSENT: COUNCILMEMBERS: PINHEIRO Mayor Protempore Arellano deviated from the regular order of the agenda to accommodate interested persons in the audience. South County Housing A Resolution of the City Council of the City of Gilroy approving TM 06-14, a Tentative Map to create 244 residential lots, private park sites, a community center lot, and a retail lot, on approximately 36 acres located west of Monterey Road, north and south ofCohansey Avenue extension, APNs 790-06-016, 029, 030, 032, and 033. South County Housing (c/o Karen Saunders), applicant. 8646 Motion was made by Councilman Bracco, seconded by Councilman Correa and carried (Councilmembers Gartman and Velasco voting no and Mayor Pinheiro absent) to adopt Resolution No. 2007-33 approving TM 06-14, a Tentative Map to create 244 residential lots, private park sites, a community center lot, and a retail lot, on approximately 36 acres located west of Monterey Road, north and south of Cohansey Avenue extension, APNs 790-06-016, 029, 030, 032, and 033. South County Housing ( c/o Karen Saunders), applicant. RESOLUTION NO. 2007-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 06-14, A TENTATIVE MAP TO CREATE 244 RESIDENTIAL LOTS, PRIVATE PARK SITES, A COMMUNITY CENTER LOT, AND A RETAIL LOT, ON APPROXIMATELY 36 ACRES LOCATED WEST OF MONTEREY ROAD, NORTH AND SOUTH OF COHANSEY AVENUE EXTENSION, APNS 790-06-016, 029, 030, 032, AND 033. SOUTH COUNTY HOUSING (C/O KAREN SAUNDERS), APPLICANT. PASSED AND ADOPTED this 16th day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, AND VALIQUETTE NOES: COUNCILMEMBERS: GARTMAN AND VELASCO ABSENT: COUNCILMEMBERS: PINHEIRO South County Housing A Resolution of the City Council of the City of Gilroy approving A/S-PUD 06-45, an application for Architectural and Site approval of a Planned Unit Development Master Plan for a 244 home residential subdivision and community center on approximately 36 acres located west of Monterey Road, north and south of Cohansey Avenue extension, APNs 790-06-016, 029, 030, 032, and 033. South County Housing (c/o Karen Saunders), applicant. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried (Councilmembers Gartman and Velasco voting no and Mayor Pinheiro absent) to adopt Resolution No. 2007-34 approving A/S-PUD 06-45, an application for Architectural and Site approval of a Planned Unit Development Master Plan for a 244 home residential subdivision and community center on approximately 36 acres located west of Monterey Road, north and south of Cohansey Avenue extension, APN s 790-06- 016,029,030,032, and 033. South County Housing (c/o Karen Saunders), applicant. RESOLUTION NO. 2007-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S-PUD 06-45, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT MASTER PLAN FOR A 244 HOME RESIDENTIAL SUBDIVISION AND COMMUNITY CENTER ON APPROXIMA TEL Y 36 ACRES LOCATED WEST OF MONTEREY ROAD, NORTH AND SOUTH OF COHANSEY AVENUE EXTENSION, APNS 790-06-016, 029, 030, 032, AND 033. SOUTH COUNTY HOUSING (C/O KAREN SAUNDERS), APPLICANT. PASSED AND ADOPTED this 16th day of April, 2007 by the following vote: A YES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, AND VALIQUETTE NOES: COUNCILMEMBERS: GARTMAN AND VELASCO ABSENT: COUNCILMEMBERS: PINHEIRO South County Housing A Resolution of the City Council of the City of Gilroy making certain findings and approving the Vickery Avenue Reorganization No. 05-01, annexation of property located at the northwest corner of Vickery A venue and Wren A venue consisting of approximately 10.68 acres (APN 790-06-016) and approving detachment thereof from the County of Santa Clara, South Santa Clara County Fire District and Santa Clara County Open Space Authority. South County Housing (c/o Karen Saunders), applicant, A 05-01. Motion was made by Councilman Correa, seconded by Councilman Valiquette and carried (Councilmembers Gartman and Velasco voting no and Mayor Pinheiro absent) to 8647 adopt Resolution No. 2007-35 making certain findings and approving the Vickery Avenue Reorganization No. 05-01, annexation of property located at the northwest corner of Vickery A venue and Wren Avenue consisting of approximately 10.68 acres (APN 790-06-016) and approving detachment thereof from the County of Santa Clara, South Santa Clara County Fire District and Santa Clara County Open Space Authority. South County Housing (c/o Karen Saunders), applicant, A 05-01. RESOLUTION NO. 2007-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS AND APPROVING THE VICKERY AVENUE REORGANIZATION NO. 05-01, ANNEXATION OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF VICKERY A VENUE AND WREN AVENUE CONSISTING OF APPROXIMATELY 10.68 ACRES (APN 790-06-016) AND APPROVING DETACHMENT THEREOF FROM THE COUNTY OF SANTA CLARA, SOUTH SANTA CLARA COUNTY FIRE DISTRICT AND SANTA CLARA COUNTY OPEN SPACE AUTHORITY. SOUTH COUNTY HOUSING (C/O KAREN SAUNDERS), APPLICANT, A 05-01. PASSED AND ADOPTED this 16th day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, AND VALIQUETTE NOES: COUNCILMEMBERS: GARTMAN AND VELASCO ABSENT: COUNCILMEMBERS: PINHEIRO Mayor Pinheiro returned to his seat at the dais and returned to the regular order of the agenda. Shopping Carts An Ordinance of the City Council of the City of Gilroy amending Gilroy City Code, Chapter 19A, Article I entitled "Shopping Cart Management, Removal, Impoundment, Retrieval and Disposal" to be renamed "Shopping Carts" and Gilroy City Code, Chapter 19A is further amended to add a new Article II entitled "Prevention of Abandoned Carts." Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried (Councilman Gartman voting no) to adopt Ordinance No. 2007-10 amending Gilroy City Code, Chapter 19A, Article I entitled "Shopping Cart Management, Removal, Impoundment, Retrieval and Disposal" to be renamed "Shopping Carts" and Gilroy City Code, Chapter 19A is further amended to add a new Article II entitled "Prevention of Abandoned Carts." ORDINANCE NO. 2007-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING GILROY CITY CODE, CHAPTER 19A, ARTICLE I ENTITLED "SHOPPING CART MANAGEMENT, REMOVAL, IMPOUNDMENT, RETRIEVAL AND DISPOSAL" TO BE RENAMED "SHOPPING CARTS" AND GILROY CITY CODE, CHAPTER 19A IS FURTHER AMENDED TO ADD A NEW ARTICLE II ENTITLED "PREVENTION OF ABANDONED CARTS." PASSED AND ADOPTED this 16th day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, VALIQUETTE, VELASCO AND PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE Santa Clara V alley Water District An Ordinance of the City Council of the City of Gilroy adding Chapter 27A - Water Resources Protection to the Gilroy City Code. Motion was made by Councilman Arellano, seconded by Councilman Valiquette and carried to adopt Ordinance No. 2007-11 adding Chapter 27A - Water Resources Protection to the Gilroy City Code. 8648 ORDINANCE NO. 2007-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING CHAPTER 27 A - WATER RESOURCES PROTECTION TO THE GILROY CITY CODE. PASSED AND ADOPTED this 16th day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Campaign Contributions/Expenditure An Ordinance of the City Council of the City of Gilroy regulating municipal elections by repealing Ordinance Nos. 2001-11 and 2003-07 in their entirety and by replacing them with a new ordinance regulating municipal elections by establishing campaign contribution limits, establishing a voluntary expenditure ceiling for candidates and controlled committees and by placing restrictions on the aggregation of campaign contributions. Motion was made by Councilman Valiquette, seconded by Councilman Arellano and carried to adopt Ordinance No. 2007-12 regulating municipal elections by repealing Ordinance Nos. 2001-11 and 2003-07 in their entirety and by replacing them with a new ordinance regulating municipal elections by establishing campaign contribution limits, establishing a voluntary expenditure ceiling for candidates and controlled committees and by placing restrictions on the aggregation of campaign contributions. ORDINANCE NO. 2007-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REGULATING MUNICIPAL ELECTIONS BY REPEALING ORDINANCE NOS. 2001-11 AND 2003-07 IN THEIR ENTIRETY AND BY REPLACING THEM WITH A NEW ORDINANCE REGULATING MUNICIPAL ELECTIONS BY ESTABLISHING CAMPAIGN CONTRIBUTION LIMITS, ESTABLISHING A VOLUNTARY EXPENDITURE CEILING FOR CANDIDATES AND CONTROLLED COMMITTEES AND BY PLACING RESTRICTIONS ON THE AGGREGATION OF CAMPAIGN CONTRIBUTIONS. PASSED AND ADOPTED this 16th day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Las Animas Veterans Park A Resolution of the City Council of the City of Gilroy approving M 06-02 adopting the Las Animas Veterans Park Master Plan Update. Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried (Councilman Gartman voting no) to adopt Resolution No. 2007-36 approving M 06-02 adopting the Las Animas Veterans Park Master Plan Update. RESOLUTION NO. 2007-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING M 06-02 ADOPTING THE LAS ANIMAS VETERANS PARK MASTER PLAN UPDATE. PASSED AND ADOPTED this 16th day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: NONE Dividend Homes, Inc. A Resolution of the City Council of the City of Gilroy approving SPE 06-06 for a Small Project Exemption from the Residential Development Ordinance for 12 single family residential units on approximately 4.0 acres located at 6000 Miller Avenue, APN 790-04-090. Dividend Homes, applicant. 8649 Motion was made by Councilman Valiquette, seconded by Councilman Bracco and carried to adopt Resolution No. 2007-37 approving SPE 06-06 for a Small Project Exemption from the Residential Development Ordinance for 12 single family residential units on approximately 4.0 acres located at 6000 Miller Avenue, APN 790-04-090. Dividend Homes, applicant. RESOLUTION NO. 2007-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 06-06 FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR 12 SINGLE FAMILY RESIDENTIAL UNITS ON APPROXIMATELY 4.0 ACRES LOCATED AT 6000 MILLER AVENUE, APN 790-04-090. DIVIDEND HOMES, APPLICANT. PASSED AND ADOPTED this 16th day of April, 2007 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Commissions/Boards Appointment to the City of Gilroy Physically Challenged Board of Appeals. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried to appoint Ruth M. Wolf to the City of Gilroy Physically Challenged Board of Appeals. Police Department Approval of Construction Delay Claim Settlement for New Police Facility Contract. Motion was made by Councilman Correa, seconded by Councilman Bracco and carried (Councilman Gartman voting no) to approve the Construction Delay Claim Settlement for the New Police Facility Contract. Council Members Reports Councilman Bracco stated that the Willey House looks great. Councilman Velasco stated at the last VT A meeting there was a proposal by Rod Diridon on the High Speed Rail. It was noted that Gilroy is the only city that has not taken a position on this project. Council agreed to set a time for Mr. Diridon to come to a Council meeting to update the Council on this project. Councilman Gartman asked to pass along to staff who did the work that the Mitsubishi dealership banners are gone and the City looks much better. Mayor's Report Mayor Pinheiro wished everyone a nice evening. *Meeting will be televised on Channel 17 APRIL 2007 16 Study Session-Residential PUD Amenity Policy - 6:00 p.m., Gilroy City Council Chambers 16* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 18 Closed Session - AFSCME Negotiations and Budget Study Session - 6:00 p.m., Gilroy City Council Chambers 21 Closed Session - Employee Appointment - 8:30 a.m., Gilroy City Council Chambers 24 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED) 25 Budget Study Session - 6:00 p.m., Gilroy City Council Chambers MA Y 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 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy 30 Workshop on Council Visioning - 6:00 p.m., Gilroy City Council Chambers 8650 JUNE 2007 4* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 12 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy 11 * Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 26 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy JUL Y 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 20 Mini-Policy Summit - 8:00 a.m., Police Department Community Room 24 SCR W A Meeting - 7 :30 a.m., 1500 Southside Drive, Gilroy Adjournment At 11 :32 p.m. the Mayor adjourned the meeting to the meeting of May 7, 2007. )/,- ,) , ' , ' / I I ,-/ / ' J' '" L t. ' '- r " /, i / ( (> '\. \, - ' , ", l/ ______~________________________ _____C-~_ __ ~_~__~________ Is/ RHONDA PELLIN, MMC City Clerk