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Minutes 2007/12/03 8749 City of Gilrov City Council Minutes Mondav. December 3. 2007 Re2ular Meetin2 I. OPENING A. Call to Order Mayor Pinheiro called the meeting to order at 7:03 p.m. Mayor Pinheiro led the Pledge of Allegiance. Father Dan Derry led the Invocation. City Clerk Freels reported that the agenda had been posted on November 28, 2007 at 1l:00 a.m. Roll Call Present: Mayor Al Pinheiro, Council Member Peter Arellano, Council Member Dion Bracco, Council Member Paul Correa, Council Member Craig Gartman, Council Member Russ Valiquette, Council Member Roland Velasco B. Orders of the Day Mayor Pinheiro announced that Item UI.A would be pulled from the consent agenda and would be agendized at the December 17, 2007 meeting. C. Introductions Introduction of New Employees: David Chung, Plan Check Engineer was introduced by Wendi Rooney, Community Development Director. Jon Bui, Firefighter IIIParamedic was introduced by Fire Chief Dale Foster. D. Presentations & Proclamations Mayor Pinheiro presented the Team of the Month Award for November 2007 to Adriana Contreras, Arlene Jeske, Denise King, Ingrid Miranda, Lisa Velasco and Megan Zimmershead. II. PRESENTATIONS There were no presentations. III. CONSENT CALENDAR Motion on III Motion was made by Council Member Correa, seconded by Council Member Valiquette and carried to approve the consent calendar items B, C, D, E, F, G, H and I. B. Recommendation to approve Budget Amendmentsffransfers C. Resolution 2007-94 approving a Downtown Small Project Exemption to allocate 6 residential units to property located in the DHD-HN (Downtown Historic-Historic Neighborhood) district, located at 7529 Monterey Street, APN 799-06-050, applicant Phoi Phan, Ph an Architects, DSPE 07-03 (item heard 11/19/07 with an affirmative vote of 7-0) D. Resolution 2007-89 approving Architectural and Site review to allow the construction of a mixed-use 4-story building on property located in the DHD-HN (Downtown Historic-Historic Neighborhood) district, located at 7529 Monterey Street, APN 799-06-050, applicant Phoi Phan, Phan Architects, AS 07-23 ( item heard 11/19/07 8750 with an affirmative vote of 7-0) E. Resolution 2007-90 denying SPE 06-05, an application for a small project exemption from the residential development ordinance, and granting consideration of the 15 single family residential units by amendment to the Hecker Pass Specific Plan, on property located at 1690 and 1750 Hecker Pass Highway, APN's 810-21-004, & 005 F. Resolution 2007-91 approving a Tentative Map approval to create 10 residential condominium units from two 5-plex apartment buildings. The project includes common open space and garage spaces. Located at 7460 and 7470 Rogers Lane, APN's 841-53- 005 & 006. Applicant Creekside Crossing, c/o Sal Akhter. TM 07-04. (item heard 11/19/07 with an affirmative vote 7-0) G. Approval of the operational agreement between the City of Gilroy and the South Santa Clara County Fire District H. Approval of the Mattos Property Purchase Agreement for City Parking Facilities, located at 7470 Eigleberry, APN # 799-07-075 I. Resolution in support of Tom Bradley Commemorative Stamp IV. BIDS AND PROPOSALS A. Recommendation to award the bid for one (1) 2008 new Model Year Chevrolet Tahoe 4WD Vehicle to Gilroy Chevrolet in the amount of 535,430.48. Bid # 08-ASD-151 The Staff report was presented by City Administrator Baksa. Motion on Item IV.A. Motion was made by Council Member Valiquette, seconded by Council Member Arellano and carried to approve Item IV.A. V. PUBLIC HEARINGS A. Public Hearing on a request to consider a report by the Gilroy Police Department recommending projects/programs for funding under the State Law Enforcement Block Grant monies for the 2007-2008 Fiscal Year. City Administrator Baksa presented the Staff report. Council Member Arellano asked if the block grant could possibly not be funded in the future. City Administrator Baksa stated that it was an annual grant, which would be applied for each new year. Council Member Arellano suggested using the monies for something other than staffing an officer. City Administrator Baksa stated that the grant was the most stable of all grants the City received explaining that the majority of cities used the funding for manpower. The Public Hearing was opened. There being no comments, the Public Hearing was closed. Motion on Item V.A. Motion was made by Council Member Arellano, seconded by Council Member Correa and carried to accept the funding for projects/programs as recommended. VI. UNFINISHED BUSINESS A. An Ordinance of the City Council of the City of Gilroy Amending Chapter 4, Articles II, III and IV, of the Gilroy Code (The animal control ordinance) to clarify certain violations and to increase insurance requirements contained therein. (Introduced 8751 11/19/2007 with an affirmative vote of 6-1, Council Member Gartman voting no) Motion on Item VI.A. Motion was made by Council Member Bracco, seconded by Council Member Velasco and carried (Council Member Gartman voting no) to adopt Ordinance 2007-2101 the City Council Amending Chapter 4, Articles II, III and IV, of the Gilroy Code (The animal .control ordinance) to clarify certain violations and to increase insurance requirements contained therein. VII. INTRODUCTION OF NEW BUSINESS A. Registrar's Official Canvass Motion on Item VII.A. Motion was made by Council Member Valiquette, seconded by Council Member Bracco and carried to adopt Resolution 2007-93 approving the Official Canvass of the Registrar of Voters for the November 6, 2007 Municipal Election Declaring the Acceptance of the Statement of Votes and Certification of Election Results RESOLUTION NO. 2007-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING THE REGISTRAR OF VOTERS' CANVASS OF THE GENERAL MUNICIPAL ELECTION AND DECLARING RESULT OF SUCH ELECTION HELD IN THE CITY OF GILROY ON NOVEMBER 6,2007 RESOLVED, by the City Council of the City of Gilroy, California that; WHEREAS, by order of this City Council a general municipal election was held and conducted in the City of Gilroy on Tuesday, the 6th day of November, 2007 as required by law and the Charter of said City as amended; and WHEREAS, it appears that notice of said general election was duly and legally given; voting precincts were properly established; election officers were appointed and election supplies furnished; and in all respects the election was held and conducted and the votes cast thereat received and canvassed, and the returns thereof made, determined and declared in time, form and manner as required by the Charter of said City as amended and the general laws of the State providing for and regulating municipal elections in said City; and WHEREAS, the Registrar of Voters did conduct the canvass of the returns of said municipal election and did count the absentee ballots cast thereat, pursuant to direction and order of the City Council of said City; and WHEREAS, said canvass was duly completed and the results thereof were certified by the Registrar of Voters and submitted to this Council. NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED, as follows: 1. Said municipal election was held and conducted in the City of Gilroy, County of Santa Clara, State of California on Tuesday, November 6, 2007 in the time and in the form and manner as required by law. 2. That there were established nineteen (19) voting precincts for the purpose of holding said municipal election consisting of either regular election precincts established for holding state or county elections, or a consolidation of some or all of such precincts, as follows: CONSOLIDATED PRECINCT NO. 3951, comprising state and county precincts designated Precinct Numbers 3951, 3966, and 3977 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3952, comprising state and county precincts designated Precinct Numbers 3952 and 3955 as established by the Santa Clara County Board of Supervisors. 8752 CONSOLIDATED PRECINCT NO. 3953, comprising state and county precincts designated Precinct Numbers 3953 and 3956 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3957, comprising state and county precincts designated Precinct Numbers 3957 and 3959 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3958, comprising state and county precincts designated Precinct Numbers 3958 and 3972 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3960, comprising state and county precincts designated Precinct Numbers 3960 and 3970 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3962, comprising state and county precincts designated Precinct Numbers 3962, 3963, 3968, 3973, and 3975 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3964, comprising state and county precincts designated Precinct Number 3964 and 3967 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3965, comprising state and county precincts designated Precinct Number 3965 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3969, comprising state and county precincts designated Precinct Numbers 3969, 3976, and 3985 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3971, comprising state and county precincts designated Precinct Number 3971 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3974, comprising state and county precincts designated Precinct Number 3974 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3978, comprising state and county precincts designated Precinct Numbers 3978 and 3979 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3980, comprising state and county precincts designated Precinct Number 3980 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3981, comprising state and county precincts designated Precinct Number 3981 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3982, comprising state and county precincts designated Precinct Numbers 3982 and 3986 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3984, comprising state and county precincts designated Precinct Number 3984 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3987, comprising state and county precincts designated Precinct Number 3987 as established by the Santa Clara County Board of 8753 Supervisors. CONSOLIDATED PRECINCT NO. 3988, comprising state and county precincts designated Precinct Number 3988 as established by the Santa Clara County Board of Supervisors. 3. The canvass of the returns of the votes cast and the counting of absentee ballots cast in said City for the offices of Mayor and City Council Member was duly held by the Registrar of Voters in accordance with the order of the Council and in accordance with law and said Registrar of Voters has executed a certificate certifying to the results of such canvass, which certificate is hereto attached, marked Exhibit "A" and by this reference is made a part hereof. Said certificate has been examined and is hereby approved and adopted by this Council as the official canvass of said municipal election. 4. The whole number of votes cast in said City of Gilroy at said municipal election was 6,088 (including 4,604 absentee votes). 5. The names of the persons voted for, the offices for which they were voted, the number of votes received by each of said persons in each of said precincts and by absentee votes, are shown on said Exhibit "A", hereto attached. 6. At said general municipal election held in the City of Gilroy and Election held on November 6, 2007, the following persons were elected to the following offices: AL PINHEIRO was elected as the Mayor to hold office for a term of four years, from and after Monday, December 3, 2007, and continuing until his respective successor shall qualify. PERRY WOODWARD was elected a member of the City Council to hold office for a term of four years, from and after Monday, December 3, 2007, and continuing until his respective successor shall qualify. CAT TUCKER was elected a member of the City Council to hold office for a term of four years, from and after Monday, December 3,2007, and continuing until her respective successor shall qualify. ROBERT T. DILLON was elected a member of the City Council to hold office for a term of four years~ from and after Monday, December 3,2007, and continuing until his respective successor shall qualify. 8. The canvass of the returns of the votes cast and the counting of absentee ballots cast in said City for Measure A was duly held by the Registrar of Voters in accordance with the order of the Council and in accordance with law and said Registrar of Voters has executed a certificate certifying to the results of such canvass, which certificate is hereto attached, marked Exhibit "A" and by this reference is made a part hereof. Said certificate has been examined and is hereby approved and adopted by this Council as the official canvass of said municipal election. 9. The measures voted upon, the number of votes received in favor of and against said measure in each of said precincts and by absentee votes, together with the whole number of votes which the measures received in the entire city, are shown on said Exhibit "A", hereto attached. 10. At said municipal election certain measure passed: A. UTILITY USERS TAX - Shall the ordinance of the City of Gilroy be adopted to reduced the rate of the City of Gilroy's Telecommunications Nideo and Cable user's Tax from 5% to 4.5%; to consolidate such utilities into a single communications tax; and to revise the method for calculating and collecting the Utility User's Tax to address current and future technological advances and changes in state and federal law? 11. The City Clerk is hereby directed to make out and deliver to each of the persons elected a certificate of election signed by her and duly authenticated. She shall also impose the constitutional oath of office and have them subscribe thereto. 12. The City Clerk is hereby instructed to enter this resolution in full in the minutes of 8754 this Council as a statement of the result of said general municipal election. PASSED AND ADOPTED this 3rd day of December, 2007 by the following votes: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, PINHEIRO, V AUQUETTE and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Pinheiro presented plaques to outgoing Council Members Paul Correa, Russ Valiquette and Roland Velasco. Council Member Correa thanked the City Council Members, his supporters and his family for their support during the four years he served on the City Council. Council Member Valiquette spoke on his term serving on the City Council giving his thanks to the City Staff and fellow Council Members and sharing his thoughts on serving as a Council Member. Council Member Velasco thanked the community and City Staff and the Council sharing congratulations with the incoming City Council Members. Mayor Pinheiro thanked Council Members Correa, Valiquette and Velasco for serving on the City Council and thanked them for working to build consensus while on the Council. Council Member Arellano thanked Council Members Correa, Valiquette and Velasco for serving on the City Council. Council Members Correa, Valiquette and Velasco adjourned sine die. Mayor Pinheiro adjourned the meeting for the switching of seats at the dais. Mayor Pinheiro re-adjourned the meeting. City Clerk Freels conducted the swearing in of Mayor Pinheiro, Council Members Elect Bob Dillon, Cat Tucker and Perry Woodward. Council Members Bob Dillon, Cat Tucker and Perry Woodward took their seats at the dais. Mayor Pinheiro congratulated the new Council Members speaking on the future of the City of Gilroy and challenges ahead and sharing his commitment to the success of the City. He then asked the audience to give a hand to the newly elected Council Members. City Clerk Freels presented Certificates of Election to Council Members Bob Dillon, Cat Tucker and Perry Woodward. Roll Call Present: Mayor Al Pinheiro, Council Member Peter Arellano, Council Member Dion Bracco, Council Member Bob Dillon, Council Member Craig Gartman, Council Member Cat Tucker, Council Member Perry Woodward VIII. CITY ADMINISTRATOR'S REPORTS A. East Gilroy Specific Plan Task Force Selection Update City Administrator Baksa asked the Council to provide direction on the selection of the East Gilroy Specific Plan Task Force, introducing Planner II Schwarz to present the staff report. Planner II Schwarz shared the staff report with Council and handed out a list of current applicants to the Task Force. Council Member Arellano asked what the charge of the Task Force would be. Planner II Schwarz stated that they were charged with the task of providing input on the creation 8755 of the East Gilroy Specific Plan. Council Member Arellano asked if they would be determining the best use of the land explaining that he had received the notice of preparation of the draft supplemental EIR which was to change the land use for the Westfield area. Planner II Schwarz explained that it was a complex process and the EIR was for the Westfield urban service area amendment and General Plan amendment, which was separate from the East Gilroy Specific Plan. Council Member Arellano asked why the General Plan amendment was going forward explaining that the Task Force could decide that the land use designation as proposed for Westfield was not their recommendation. Planner II Schwarz explained that the Task Force would be looking at a much greater geographic area than the notice of preparation for Westfield. Council Member Arellano asked how the Council could ask the Task Force members to work on the plan if the 108 acres was going to be changed without their input. Planner II Schwarz explained that the General Plan amendment was not an accomplished fact and the Task Force and the Council did not have to agree with the application. Council Member Arellano asked that the Task Force Members be made aware that they were not to be prejudiced by the application and they were to look at the total Specific Plan of 660 acres. Mayor Pinheiro asked that a clear direction of the charge of the Task Force be presented to them so that they, along with Council were made aware of the purpose and charge of the Specific Plan area. Council Member Tucker asked if Planner II Schwarz would be the Staff person liaison to the Task Force Members. Planner II Schwarz explained that she was a temporary staff person, but she would do her best to be sure to pass on the Council direction to the staff person assigned to the project. City Administrator Baksa stated that the Mayor would meet with the members at their first meeting to explain the task before them. Mayor Pinheiro asked that something be put in writing as well. Council Member Gartman shared the discrepancies in the various memorandums and Staff materials on the charge to the Task Force Members. Mayor Pinheiro suggested that the normal interview process take place for the Task Force membership. Council Member Arellano suggested that the categories with more applicants than seats available be interviewed explaining that the categories with the same number of seats as applicants wouldn't need to be interviewed. Mayor Pinheiro asked the Council if they believed there had been enough community outreach. Council Member Dillon agreed that there had been. Council Member Arellano suggested putting announcements in the water bill as the newspaper penetration wasn't very good. City Administrator Baksa stated that the outreach was the same as the notification for all commissions and boards. Community Development Director Rooney explained that her Staff would define the categories in a matrix for the City Council, which would give a clearer idea of the applicants. 8756 Mayor Pinheiro asked that the matrix be provided at the next meeting. Community Development Director Rooney explained that the timeline was very close and she would try to get it out prior to the next packet. IX. CITY ATTORNEY'S REPORTS There were no City Attorney comments. X. REPORTS OF COUNCIL MEMBERS A. Consideration of prohibiting bottled water at City Council meetings Council Member Arellano presented the item asking the Council to consider no longer drinking bottled water at Council meetings. Council Member Tucker asked City Administrator Baksa if the well water was at quality drinking standard. City Administrator Baksa stated that it was. Council Member Arellano stated that the City water was tested frequently in comparison to many of the bottled waters, which were not. Council Member Arellano congratulated the Gilroy High football team for their accomplishments during the football season. Motion on Item X.A. Motion was made by Council Member Arellano, seconded by Council Member Tucker and carried (Council Members Gartman and Woodward voting no) to no longer use bottled water at Council Meetings. B. Gilroy Open Government Ordinance establishing regulations governing access to public meetings and public records and establishing an open government commission - Council Member Woodward Council Member Woodward spoke on the trend of transparency in municipal government throughout the State sharing the adoption of open government ordinances in the cities of Milpitas, Benicia, Oakland and San Francisco. He explained that he had crafted an ordinance for the City of Gilroy that had been gleaned from other cities and suggested that a legal and cost analysis be done. He then suggested that Staff report back to the Council with analysis no later than the January retreat. Mayor Pinheiro stated that he had already asked that the item be placed on the January retreat agenda. Council Member Arellano asked if Staff time was going to be devoted to the analysis of the draft ordinance as Council Member Woodward was suggesting. Mayor Pinheiro stated that if the analysis was done prior to the retreat, the Council would have a better idea of how to address the draft ordinance. Council Member Arellano stated that the Brown Act covered open meetings and transparency issues suggesting that the City Attorney review the draft ordinance in comparison to the Brown Act. Mayor Pinheiro suggested that Staff's input be provided along with the City Attorney's to allow the Council to thoroughly analyze the draft ordinance. The Council agreed to have Staff and the City Attorney review the ordinance and report their findings at the Council retreat. Council Member Dillon thanked the voters for electing him and thanked outgoing Council 8757 Members Valiquette and Velasco for their service asking that they continue to serve the community. Council Member Gartman spoke on the outstanding job of the Gilroy football team during their season, congratulated the incoming Council Members and thanked the outgoing Council Members for the time on the Council. Council Member Bracco welcomed the new Council Members and thanked the outgoing Council Members for their service on the Council. He then thanked the Gilroy Fire Department for protecting his business during a fire on the weekend. Council Member Tucker thanked her supporters during the election and congratulated the Gilroy High Football team for their outstanding football season and stated that she was looking forward to working with the rest of the City Council. XI. MAYOR'S REPORT A. Approval of City Council Meeting Schedule for 2008 Mayor Pinheiro shared the City Council meeting calendar for 2008 explaining that there was one Tuesday meeting in January due to a holiday on a Monday. He then asked for a vote on the item. Motion on Item XI.A. Motion was made by Council Member Bracco, seconded by Council Member Dillon and carried to approve the City Council Meeting schedule for 2008 C. Boards and Committees 2008 Mayor Pinheiro presented the list of Council boards and committees for 2008 asking that any questions on the appointments be forwarded to him. City Attorney Callon asked for a vote on the South County Waste Water Authority Board. Mayor Pinheiro explained that he was asking for a vote on the item. Motion on Item XI.C. Motion was made by Council Member Bracco, seconded by Council Member Arellano and carried to appoint the Council Members to the following Boards and Committees: . ADAG - Council Member Arellano, Member . Economic Development Corporation - Mayor Pinheiro, Member/Council Member Dillon, Alternate . Gilroy Gang Task Force, Council Member Bracco, Member/Council Member Woodward Alternate . Gilroy Downtown Business Association Board of Directors - Mayor Pinheiro, Member/Council Member Bracco, Alternate . Gilroy Gardens Board of Directors - Council Member Bracco, Member . Gilroy Sister Cities Association - Mayor Pinheiro, Member, Council Member Bracco, Alternate . Gilroy School District Accountability Task Force - Council Member Dillon, Member/ Council Member Gartman, Alternate . Gilroy Visitors Bureau - Council Member Tucker, Member . Historical Heritage Committee - Council Member Bracco, Member/Council Member Dillon, Alternate . PAD County Expressway Study Policy Advisory Board - Council Member Arellano Member . Santa Clara County Cities Association Board of Directors - Mayor Pinheiro, Member/ Council Member Tucker, Alternate . Santa Clara County Emergency Preparedness Council- Council Member Woodward, Member/Council Member Bracco, Alternate . Santa Clara County Cities Association Joint Policy Collaborative - Council Member Arellano, Member/ Council Member Tucker, Alternate . Santa Clara County Cities Association Legislative Action Committee - Council 8758 Member Gartman, Member . Santa Clara County Emergency Preparedness Council- Council Member Woodward, Member/ Council Member Bracco, Alternate . Santa Clara County Library Joint Powers Authority - Council Member Bracco, Member/ Council Member Arellano, Alternate . Santa Clara County Recycling & Waste Reduction Commission - Council Member Tucker, Member . Santa Clara Valley Water District UvaslLlagas Flood Control & Watershed Advisory Committee - Council Member Dillon, Member/ Council Member Gartman, Alternate . Santa Clara Valley Water District Water Commission - Council Member Gartman, Member/ Council Member Arellano, Alternate . Santa Clara Valley Water District Water Commission - Council Member Gartman, Member/Council Member Arellano, Alternate . South County Regional Wastewater Authority Board Members - Mayor Pinheiro, Council Member Bracco, Council Member Dillon! Council Member Arellano, Alternate . South County VT A Policy Advisory Board - Council Member Gartman, Member/Council Member Dillon, Alternate . Street Naming Committee Members - Mayor Pinheiro, Council Member Gartman, Council Member Bracco . Valley Transit Authority (VT A) Board of Directors - Mayor Pinheiro or Council Member Arellano . VT A Committee for Transit Accessibility, IV Representative - Council Member Tucker Member/ Council Member Woodward . VTA Policy Advisory Committee - Council Member Woodward, Member/ Council Member Tucker, Alternate Mayor Pinheiro thanked the community for re-electing him and thanked his committee members for their work on his campaign. He then told the Council that he was looking forward to working with them for another term. The Council adjourned to Closed Session at 8:20 p.m. XII. CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section 54957 Title: Police Chief 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. There were no closed Session Announcements. XIII. ADJOURNMENT TO MEETING OF DECEMBER 17,2007 APPROVED: Al Pinheiro, Mayor ATTEST: "\ ! J ~-