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Minutes 2007/06/04 8661 Regular Meeting June 04, 2007 Gilroy, California Mayor Pinheiro led the Pledge of Allegiance to the flag. Father Justin Le of Saint Mary's Catholic Church gave the invocation. Deputy City Clerk Serna noted that the agenda had been posted on May 30, 2007 at 3: 10 p.m. and the addendum was posted on May 31, 2007 at 2: 10 p.m. Roll Call Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette; Roland Velasco; Al Pinheiro - 7:09 p.m. Orders of the Day There were no changes to the agenda. Presentations & Proclamations Mayor Pinheiro presented a Volunteer of the Month A ward for April, 2007 to Alicia Mont. Mayor Pinheiro presented the Employee Award for the Month of May, 2007 to Rhonda Pellin, City Clerk, Administrative Services Department. Mayor Pinheiro presented a Certificate of Recognition to Rhonda Pellin, City Clerk, from the City Clerks Association of California. Mayor Pinheiro presented the Visionary Award to Rhonda Pellin, City Clerk, from Laserfiche. Mayor Pinheiro presented the Team of the Month Award to Wellness Committee Members: Arlene Jeske, Cindie Taylor, Jose Muniz, Gloria Gilleland, Wendie Rooney, Steve Beams, and Shawna Serna. (Members not present - Joe Kline, Noni Barberi, Paula Soto and Rosanna Maestri) Mayor Pinheiro noted a Certificate of Recognition for Jasmine Robles, Gilroy High School, as a recipient of the 2007 Ronald McDonald House Charities, Scholarship, which was previously presented to the recipient. Mayor Pinheiro noted a Certificate of Recognition for Jairo Avalos, Gilroy High School, as a recipient of the 2007 Ronald McDonald House Charities Scholarship, which was previously presented to the recipient. Planning Commission report on activities. Planning Commission Chair Day presented the Planning Commission report on activities. Youth Commission report on activities. Rachel Tenney, Shawnie Hewell and Tania Reynolds presented the Youth Commission report. Gandi Holson spoke regarding individuals riding bicycles on City sidewalks and nearly being hit. She then spoke on the black monitors on Church Street, and stated that cameras were needed to monitor vehicle traffic on the street. Consent Calendar Motion was made by Councilman Velasco, seconded by Councilman Arellano and carried that the following items under the Consent Calendar be approved, amending Item IILA., pg. 5, paragraph 5, as to the spelling of Dominguez, by the following vote: Ayes: Arellano, Bracco, Correa, Gartman, Valiquette, Velasco and Pinheiro. Minutes of the Regular Council Meeting of May 21,2007 (as amended). 8662 A Resolution of the City Council of the City of Gilroy approving a one-year extension for TM 04-13, a Tentative Map to subdivide an approximately 4.85 acre site into 19 commercial and residential lots located at 9435 Monterey Road, north of Farrell Avenue, APN 790-07-011. Salvatore Oliveri, applicant. RESOLUTION 2007-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A ONE-YEAR EXTENSION FOR TM 04-13, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 4.85 ACRE SITE INTO 19 COMMERCIAL AND RESIDENTIAL LOTS LOCATED AT 9435 MONTEREY ROAD, NORTH OF FARRELL AVENUE, APN 790-07-011. PASSED AND ADOPTED this 4th day of June, 2007 by the following vote: AYES: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO AND PINHEIRO NOES: NONE ABSENT: NONE Appointment of Christina Turner to the position of Co-Finance Director. Recommendation to direct staff to purchase Below Market Rate (BMR) units within the Village Green development and authorize the City Administrator to facilitate the processes to complete the transactions, including contract execution and deed acceptance for both properties. Notice of Acceptance of Completion, Property Improvement Agreement No. 2004- 21, Tract No. 9615, The Highlands Remainder II - Eagle Ridge, APN: 810-43-006 and 810-61-027, Santa Teresa Properties, LLC & The Old Orchard Company, A California Corporation. Denial of Claims ofIgnacio Escobar, Martha Foster, Richard Galvan, and Patricia Michelini. Weed Abatement A Public Hearing to consider annual destruction or removal of weeds and/or refuse constituting a public nuisance in the City of Gilroy. The Staff report was noted and further explained by Fire Marshal Bretschneider. Mayor Pinheiro opened the Public Hearing. There were no public comments. Mayor Pinheiro closed the Public Hearing. Motion was made by Councilman Correa, seconded by Councilman Arellano and carried to adopt a resolution instructing the Fire Chief to abate the nuisance arising out of weeds growing upon lots or in front of properties in the City. RESOLUTION 2007-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE FIRE CHIEF TO ABATE THE NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE ACCUMULATING UPON PROPERTY IN THE CITY OF GILORY, PURSUANT TO SECTION 12.51 OF THE GILROY CITY CODE PASSED AND ADOPTED this 4th day of June, 2007 by the following vote: AYES: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO AND PINHEIRO NOES: NONE ABSENT: NONE Chris Cote Gilroy Independence at Hanna Square (TM 06-15) - Review of Condition of Approval #62. 8663 The staff report was noted and further explained by City Administrator Baksa. Chris Cote spoke on his request explaining that the condition number was #61. Motion was made by Councilman Velasco, seconded by Councilman Valiquette and carried to direct staff to amend the resolution deleting condition #61 for Gilroy Independence at Hanna Square. Train Service Discussion and possible action on the California High Speed Rail. Mayor Pinheiro explained the item, sharing possible language for the motion. Motion was made by Councilman Velasco, seconded by Councilman Correa and carried to approve the Pacheco Pass alignment option via Gilroy for the California High Speed Rail and the City of Gilroy reserves the right to comment and input our concerns about the rail line and station location, the cost sharing for improvements in the Gilroy area and any other environmental issues brought forward in the environmental document. Ordinance Codification An Emergency Ordinance of the City Council of the City of Gilroy amending the City Code by adding a new Chapter 19.C entitled "Social Host Accountability" to reduce underage drinking and authorizing the imposition of administrative penalties and fees for cost recovery for Public Safety responses to unruly gatherings. The staff report was noted and further explained by City Administrator Baksa. Susie Law spoke in support of the City addressing the issue and adopting the ordnance. Dina Campeau spoke in support of the ordinance asking for clarification on language in the ordinance. Motion was made by Councilman Velasco, seconded by Councilman Bracco and carried (Councilman Gartman voting no) to adopt an Emergency Ordinance of the City Council of the City of Gilroy amending the City Code by adding a new Chapter 19.C entitled "Social Host Accountability" to reduce underage drinking and authorizing the imposition of administrative penalties and fees for cost recovery for Public Safety responses to unruly gatherings. ORDINANCE 2007-14 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 19.C ENTITLED "SOCIAL HOST ACCOUNTABILITY" TO REDUCE UNDERAGE DRINKING AND AUTHORIZING THE IMPOSITION OF ADMINISTRATIVE PENALTIES AND FEES FOR COST RECOVERY FOR PUBLIC SAFETY RESPONSES TO UNRULY GATHERINGS. PASSED AND ADOPTED this 4th day of June, 2007 by the following vote: AYES: ARELLANO, BRACCO, CORREA, VALIQUETTE, VELASCO AND PINHEIRO NOES: GARTMAN ABSENT: NONE Ordinance Codification An Ordinance of the City Council of the City of Gilroy amending the City Code by adding a new Chapter 19.C entitled "Social Host Accountability" to reduce underage drinking and authorizing the imposition of administrative penalties and fees for cost recovery for Public Safety responses to unruly gatherings. City Administrator Baksa further explained the item. Motion was made by Councilman Bracco, seconded by Councilman Correa and carried to read the ordinance by title only and waive further reading of the ordinance. Deputy City Clerk Serna read the ordinance by title only. 8664 Motion was made by Councilman Velasco, seconded by Councilman Valiquette and carried (Councilman Gartman voting no) to introduce an Ordinance of the City Council of the City of Gilroy amending the City Code by adding a new Chapter 19. C entitled "Social Host Accountability" to reduce underage drinking and authorizing the imposition of administrative penalties and fees for cost recovery for Public Safety responses to unruly gatherings. Zoning Ordinance An Ordinance of the City Council of the City of Gilroy amending Gilroy Zoning Ordinance Section 41, Performance Standards, to incorporate noise standards consistent with requirements of the General Plan. Z 06-05. Motion was made by Councilman Correa, seconded by Councilman Bracco and carried to read the ordinance by title only and waive further reading ofthe ordinance. Deputy City Clerk Serna read the ordinance by title only. Motion was made by Councilman Correa, seconded by Councilman Bracco and carried (Councilman Gartman voting no) to introduce an Ordinance of the City Council of the City of Gilroy amending Gilroy Zoning Ordinance Section 41, Performance Standards, to incorporate noise standards consistent with requirements of the General Plan. Z 06-05. City Administrator's Report City Administrator Baksa spoke on the Coyote Valley meeting hosted by the City of Morgan Hill on June 20th, 2007 at 5:00 p.m., asking if any members of the Council would be interested in attending. He then stated that he would provide the Cultural Center Update at the June 11, 2007 meeting. Council Members Report Councilman Gartman spoke on the need to install lights on the Uvas Trail system, giving suggestions on possible funding resources and various types of lighting systems. He then asked that the Council address the issue on a future agenda for potential action. The Council agreed to agendize the item for the next retreat. Councilman Gartman thanked everyone who helped with the Memorial Day event and shared the successes of the day. Councilman Arellano spoke on a letter the Councilmembers had received from the Air Resources Board. He then asked if the City could join the Joint Venture Task Force and spoke on the possibility of a Councilman attending the Green Building Policy Workshop in San Jose. He then publicly apologized to Mayor Pinheiro for his reaction to the Mayor's suggestions for the downtown storefronts at the previous meeting. He explained that he supported all Councilmembers bringing forward their ideas to the Council. Mayor's Report Mayor Pinheiro thanked everyone who had participated in the Memorial Day event, sharing the success of the day. Closed Session took place prior to the regular meeting at 6: 15 p.m. Closed Session Conference with Real Property negotiators Pursuant to Government Code Section 54956.8 Property: 3050 Hecker Pass Highway, Gilroy, California Agency Negotiators: Jay Baksa and Linda Callon Negotiating Parties: Gilroy Gardens Family Theme Park Matter Under Negotiation: Acquisition 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. 8665 There was no reportable action taken. *Meeting will be televised on Channel 17 JUNE 2007 4 Study Session - High Speed Rail- 5:00 p.m., Gilroy City Council Chambers 4 Study Session - UUT Ordinance - 6:00 p.m., Gilroy City Council Chambers 4* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 6 Study Session - Downtown Incentives & Hecker Pass Slope Grading/Retaining Wall Discussion - 7:00 p.m., Gilroy City Council Chambers 12 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 11 Study Session-Review of the Construction and Demolition Ordinance - 6:00 p.m., Gilroy City Council Chambers 11 * Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 18 Regular City Council Meeting - (MOVED TO JUNE 11) 18 Special City Council Meeting - Public Hearing on the Budget - 6:00 p.m., Gilroy City Council Chambers 18 Study Session - PUD Amenities Ordinance, Contracting In IT Services & Unfunded Pension Liability - to follow the special meeting, Gilroy City Council Chambers 26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy JULY 2007 2* Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 10 SCRWA 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 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy AUGUST 2007 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 20* Regular City Council Meeting - (CANCELLED) 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy SEPTEMBER 2007 10* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 11 SCR W 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 Adjournment / At 8:23 p.m. the Mayor adjourned the me~ng to the meeting of June 11,2007. ~" "UJ.' 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