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Minutes 2007/06/11 8665 - -:-",~:'~.'~';1.,.."'~:"c:~~=..,~.,',,,~~,,""'" """"">'~~ . --:-,:,&c-..",!.","."~.,\';:"~""""""~";;,'7:"&..;'{"'P':,-.",,,"';.;I"~- -'-'.'.;;''''_''.'',~,,-, Deputy City Clerk Serna noted that the agenda had been posted on June 6, 2007 at 3 :00 p.m. Ryan Azad, member of the Bahai' Faith gave the invocation. Mayor Pinheiro led the Pledge of Allegiance to the flag. Regular Meeting June 11, 2007 Gilroy ~ Ctllif<m1\@ 8666 Roll Call Present: Peter Arellano; Dion Bracco; Paul Correa; Craig Gartman; Russ Valiquette; and Al Pinheiro (Councilman Velasco absent) - 7:05 p.m. Orders of the Day Item III.F. was removed from the Agenda. Introductions There were no introductions of new employees. Presentations & Proclamations Mayor Pinheiro announced the Certificate of Exceptional Professional Achievement to be presented to Rhonda Pellin, City Clerk, presented by Dawn Abrahamson of the City Clerks Association of California. Dawn Abrahamson of the City Clerks Association of California, presented the award to City Clerk, Rhonda Pellin. Presentations by members of the public for items not on the agenda, but within the subject matter jurisdiction of the City Council. Michael McDermott provided handouts and spoke on the RDO competition process. Chris Cote spoke on the Coyote Valley Air Monitoring station and requested to beta test the City's construction and demolition ordinance. He then provided information on City signing needs. Lance Eugene Sachara spoke on police issues and building issues. Consent Calendar Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried (Councilman Velasco absent) that the following items under the Consent Calendar be approved, removing Item III.F, by the following Roll Call vote: Arellano, Bracco, Correa, Gartman, Valiquette, and Pinheiro (Councilman Velasco absent). Approval of the first Amendment to the Agency Agreements for the Countywide AB 939 Implementation Fee and the Household Hazardous Waste Collection Program for FY 2008/2009. A Resolution of the City Council of the City of Gilroy calling a general municipal election for municipal office, requesting consolidation of elections with the general election to be held November 6,2007, and requesting services of the Registrar of Voters. RESOLUTION NO. 2007-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING A GENERAL MUNICIPAL ELECTION FOR MUNICIPAL OFFICE, REQUESTING CONSOLIDATION OF ELECTIONS WITH THE GENERAL ELECTION TO BE HELD NOVEMBER 6, 2007, AND REQUESTING SERVICES OF THE REGISTRAR OF VOTERS. PASSED AND ADOPTED on this 11th day of June, 2007 by the following vote: A YES: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, AND PINHEIRO. NOES: NONE ABSENT: VELASCO A Resolution of the City Council of the City of Gilroy urging the Governor to allocate Proposition IB funds fairly and in a timely manner. 8667 RESOLUTION NO. 2007-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY URGING THE GOVERNOR TO ALLOCATE PROPOSITION IB FUNDS F AIRL Y AND IN A TIMEL Y MANNER. PASSED AND ADOPTED THIS 11 th Day of June, 2007 by the following vote: A YES: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, AND PINHEIRO. NOES: NONE ABSENT: VELASCO A Resolution of the City Council of the City of Gilroy amending Section 1, Procedure No.2 of the City of Gilroy's purchasing policy to establish an environmentally preferable purchasing policy. RESOLUTION NO. 2007-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 1, PROCEDURE NO.2 OF THE CITY OF GILROY'S PURCHASING POLICY TO ESTABLISH AN ENVIRONMENT ALLY PREFERABLE PURCHASING POLICY. PASSED AND ADOPTED THIS 11 th Day of June, 2007 by the following vote: AYES: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, AND PINHEIRO. NOES: NONE ABSENT: VELASCO A Resolution of the City Council of the City of Gilroy approving an amendment to A/S-PUD 06-46, Architectural and site approval of a planned unit development for an 18 parcel residential subdivision on approximately 1.07 acres at 341-385 Gurries Drive, APN's 790-35-015, 016 and 017. A Resolution approving A/S PUD 06-46. RESOLUTION NO. 2007-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AMENDMENT TO AlS-PUD 06-46, ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR AN 18 PARCEL RESIDENTIAL SUBDIVISION ON APPROXIMATELY 1.07 ACRES AT 341-385 GURRIES DRIVE, APN'S 790-35-015, 016 AND 017. A RESOLUTION APPROVING A/S PUD 06-46. PASSED AND ADOPTED THIS 11 th Day of June, 2007 by the following vote: A YES: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, AND PINHEIRO. NOES: NONE ABSENT: VELASCO Request for the approval of a traveling tent family circus show by Circo Hermanos Caballero to be held June 13th through June 20th, 2007 in the Discount Mart parking lot at 6900 Chestnut Street. (Item removed from the agenda - applicant unable to establish location of event) Bids and Proposals City Vehicles and Equipment Recommendation to award the bid for one (1) 2wd Regular Cab and Chassis with Special Paint Body. The staff report was noted and further explained by City Administrator Baksa. Motion was made by Councilman Bracco, seconded by Councilman Arellano and carried (Councilman Velasco absent) to award the bid for one (1) 2wd Regular Cab and Chassis with Special Paint Body to Downtown Ford Sales in the amount of $49,149.76. 8668 Budget - City of Gilroy Public Hearing on the 2007-2012 Financial Plan ofthe City of Gilroy. Motion was made by Councilman Valiquette, seconded by Councilman Arellano and carried (Councilman Velasco absent) to continue the Public Hearing on the 2007-2012 Financial Plan of the City of Gilroy, to June 18,2007 at 6:00 p.m. South Valley Disposal and Recycling A Public Hearing to consider revision and adjustments of charges for the collection of garbage, rubbish and refuse in the City of Gilroy. The Staff Report was noted and further explained by City Administrator Baksa. Mayor Pinheiro opened the Public Hearing. Roberta Hughan spoke in favor ofthe item and the need for recycling in the City. Bill Cleveland spoke against the change in the recycling program. Mark Cleveland disagreed with the recycling system, explaining that all garbage should be sorted at one time. Phil Couchee, of South Valley Recycling, spoke on the recycling efforts and the plant changes noting that there would be an overall increase in recycling due to the changes the City was making. Mayor Pinheiro closed the Public Hearing. Motion was made by Councilman Bracco, seconded by Councilman Arellano and carried (Councilman Velasco absent) to adopt a resolution revising and adjusting the charges for the collection of garbage, rubbish and refuse in the City of Gilroy. RESOLUTION NO. 2007-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REVISING AND ADJUSTING THE CHARGES FOR THE COLLECTION OF GARBAGE, RUBBISH AND REFUSE IN THE CITY OF GILROY. PASSED AND ADOPTED THIS 11 th Day of June, 2007 by the following Roll Call vote: A YES: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, AND PINHEIRO. NOES: NONE ABSENT: VELASCO Gilroy Unified School District A Public Hearing to consider a General Plan Amendment for 10.31 + acres from Educational Facility to Medium Density Residential on property located at 8450 Wren Avenue (Las Animas School). Gilroy Unified School District, applicant (c/o Steve Brinkman), GPA 05-05. The Staff Report was noted and further explained by Planner II Schwarz. Mayor Pinheiro opened the Public Hearing. Gary Batchelder asked for the number of units to be built and shared his concerns regarding two-story homes being built on the site. Mayor Pinheiro closed the Public Hearing. Motion was made by Councilman Bracco, seconded by Councilman Arellano and carried (Councilman Gartman voting no and Councilman Velasco absent) to approve the Mitigated Negative Declaration, with 11 mitigated measures, finding that (a) it is 8669 completed in compliance with CEQA; (b) it reflects the independent judgment of the City; and (c) there is no substantial evidence that the project will have a significant effect on the environment. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Councilman Gartman voting no and Councilman Velasco absent) to direct staff to prepare a resolution approving GP A 05-05. Jose Montes A Public Hearing on a Zone Change request to change the zoning designation from R3 (Medium Density Residential) to R3/PUD (Medium Density Residential Planned Unit Development), on property located at 570 Old Gilroy Street (old Pacheco Pass Hotel). Jose Montes, applicant (c/o M.H. Engineering, Gloria Ballard), Z 06-10. A Public Hearing on a Tentative Map request to create 7 residential lots on approximately .44 acres on property zoned R3 (Medium Density Residential) located at 570 Old Gilroy Street (old Pacheco Pass Hotel). Jose Montes, applicant (c/o M.H. Engineering, Gloria Ballard), TM 06-10. Architectural and Site-Planned Unit Development review to allow the construction of 7 new residential condominium units on property zoned R2 (Medium Density Residential), located at 570 Old Gilroy Street (old Pacheco Pass Hotel). Jose Montes, applicant (c/o M.H. Engineering, Gloria Ballard) A/S-PUD 06-37. The Staff Report was noted and further explained by Planner II Polubinsky. Mayor Pinheiro opened the Public Hearing. Chris Cote suggested adding environmental amenities to the project and shared the Planning Commission vote of 6-1 on the project. Mayor Pinheiro closed the Public Hearing. Motion was made by Councilman Arellano, seconded by Councilman Correa and carried (Councilman Velasco absent) to continue the item to the September 17,2007 meeting. Human Resources Department Consideration of the Approval of updated Human Resources Rules and Regulations. The Staff Report was noted and further explained by Human Resources Director McPhillips. Motion was made by Councilman Bracco, seconded by Councilman Correa and carried (Councilman Velasco absent) to adopt Resolution No. 2007-53, revising the Human Resources Rules and Regulations. RESOLUTION NO. 2007-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REVISING THE HUMAN RESOURCES RULES AND REGULATIONS. PASSED AND ADOPTED THIS 11 th day of June, 2007 by the following Roll Call vote: AYES: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, AND PINHEIRO. NOES: NONE ABSENT: VELASCO Utility Tax A Resolution of the City Council of the City of Gilroy submitting to the qualified electors of the City of Gilroy at the November 6, 2007 General Municipal Election, a measure related to the City's Utility Users' tax. 8670 The staff report was noted and further explained by City Administrator Baksa. Motion was made by Councilman Bracco, seconded by Councilman Valiquette and carried (Councilman Gartman voting no and Councilman Velasco absent) to adopt Resolution No. 2007-54, submitting to the qualified electors of the City of Gilroy at the November 6,2007 General Municipal Election a measure related to the City's Utility Users' tax. RESOLUTION NO. 2007-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF GILROY AT THE NOVEMBER 6,2007 GENERAL MUNICIPAL ELECTION A MEASURE RELATED TO THE CITY'S UTILITY USERS' TAX. PASSED AND ADOPTED THIS 11 th Day of June, 2007 by the following Roll Call vote: A YES: ARELLANO, BRACCO, CORREA, V ALIQUETTE, AND PINHEIRO. NOES: GARTMAN ABSENT: VELASCO City Administrator's Report City Administrator Baksa provided the Council with additional budget materials for the workshop on June 18,2007. He and Community Services Director Andrade-Wax then presented the Cultural Center Update. The Council agreed to go forward with the bids on the project. Las Animas Veterans Park City Administrator Baksa further explained the Conceptual Landscape Plans for Interim Pond Area Improvements at Las Animas Veterans Park. Motion was made by Councilman Bracco, seconded by Councilman Corn~a and carried (Councilman Velasco absent) to approve the plans. Council Members Report Councilman Bracco thanked Barbara Granter for the tour of Gilroy Gardens. Councilman Gartman also thanked Ms. Granter for the Gilroy Gardens tour stating that it had been very informative. *Meeting will be televised on Channel 17 JUNE 2007 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. 12 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy 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 JUL Y 2007 2* Regular City Council Meeting - (CANCELLED) 9 Closed Session - Gilroy Gardens - 6:00 p.m., Gilroy City Council Chambers 10 SCR W A Meeting - 7 :30 a.m., 1500 Southside Drive, Gilroy 11 * Special City Council Meeting - 6:00 p.m., Gilroy City Council Chambers 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 8671 AUGUST 2007 6* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 14 SCR W A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 20* Regular City Council Meeting - (CANCELLED) 28 SCRWA Meeting -7:30 a.m., 1500 Southside Drive, Gilroy SEPTEMBER 2007 10 Youth Commission Interviews - 6:00 p.m., Gilroy City Council Chambers 10* Regular City Council Meeting -7:00 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 Adjournment At 9:18 p.m. the Mayor adjourned the meeting t~ the meetFg of June 18,2007. ,..' "~" ". f-', "/~I LiJ1" . t._I' A& /"~~HA~E~~CMC"-'-'" \ Deputy C,ity CI~k