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Home My WebLink About06/16/2008 City Council - Public Agenda-1614REVISED (6/12/08) City Council Meeting Agenda 6-16-08 Revised as to items in italics/underlining -1- COUNCIL MAYOR Al Pinheiro AGENDA COUNCIL MEMBERS: Peter Arellano CITY OF GILROY Dion Bracco Council Chambers, City Hall Bob Dillon 7351 Rosanna Street Craig Gartman GILROY, CALIFORNIA 95020 Cat Tucker MONDAY, JUNE 16, 2008 Perry Woodward SPECIAL MEETING/STUDY SESSION 6:00 P.M. REGULAR MEETING 7:00 P.M. ALL CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.ci.gilroy.ca.us AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card located at the entrances. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. A minimum of 12 copies of materials should be provided to the City Clerk for distribution to the Council and Staff. Persons who wish to speak on matters set for a PUBLIC HEARING will be heard when the Mayor opens the public hearing. After all public comment is taken; the public hearing will be closed and brought to the Council level for discussion and action and no further public comment will be taken. In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at (408) 846-0204. A sound enhancement system is also available for check out in the City Council Chambers. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9(b)(1) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also available with the agenda packet on the City website at www.ci.gilroy.ca.us subject to Staff’s ability to post the documents before the meeting. Meeting Schedule: The City Council meets regularly on the first and third Monday of each month, REVISED (6/12/08) City Council Meeting Agenda 6-16-08 Revised as to items in italics/underlining -2- at 7:00 p.m. If a holiday, the meeting will be rescheduled to the following Monday. STUDY SESSION – 6:00 P.M. I.Murray Avenue Update REGULAR MEETING – 7:00 P.M. I.OPENING Religious leaders who wish to participate in the Invocation may contact the City Clerk. The City does not discriminate on the basis of religious belief. Sectarian prayers, however, are not allowed. A.Call to Order 1.Pledge of Allegiance led by Boy Scout Troop #711 2.Invocation 3.City Clerk's Report on Posting the Agenda 4.Roll Call B.Orders of the Day C.Introductions D.Presentations & Proclamations 1.Presentation of Mayor’s Letter of Congratulations to Vincent Moreschini in honor of his Achievement of the Boy Scout Eagle Scout Award 2.Presentation of the Employee of the Month Award for April, 2008 to Paula Soto 3.Presentation of the Employee of the Month Award for May, 2008 to John Garcia 4.Presentation of the Team of the Month Award for May, 2008 to Kelsey Ashford, Joe Barrientez, Rick Brandini, Lupe Gomez, Lupe Gutierrez, Joe Hernandez, Jose Muniz, Chris Orr, Lupe Perez, Toby Reyes, Junior Salinas, Jon Shoutz, Keith Spencer and Jim Trujillo 5.Presentation of the Team of the Month Award for June, 2008 to David Chulick, Heather Cooper, Angie Guerra, Rebecca Jansky, Joe Kline, Judy Mireles-Janisch, Sandra Sammut and Veronica Torrez 6.Annual Presentation of the Library Commission REVISED (6/12/08) City Council Meeting Agenda 6-16-08 Revised as to items in italics/underlining -3- II.PRESENTATIONS (Please limit your presentations to 3 minutes.) A.BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL. (This portion of the meeting is reserved for persons desiring to address the Council on any matter not on this agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda. All statements that require a response will be referred to staff for reply in writing.) III.CONSENT CALENDAR. (Roll Call Vote) All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items unless a request is made prior to the time the Council votes to approve the Consent Calendar. A. Minutes of the June 2, 2008 Regular City Council Meeting B.Letters in support of the Renewable Energy and Job Creation Act of 2008 (H.R. 6049) C.Request for the Approval of a Traveling Tent Family Circus Show by Circo Hermanos Caballero to be held July 4th through July 8th, 2008 at the Former Wal-Mart Parking Lot at 7900 Arroyo Circle, Gilroy D.Claim of Keegan Dahm (City Administrator recommends a “yes” vote under the consent calendar shall constitute the denial of claim) E.Claim of C.C. Hutchinson (City Administrator recommends a “yes” vote under the consent calendar shall constitute the denial of claim) F.Claim of Geraldine, Priscilla & Miguel Maldonado (City Administrator recommends a “yes” vote under the consent calendar shall constitute the denial of claim) IV.BIDS AND PROPOSALS A.Consideration of a Bid for the Traffic Signal Modification at Tenth Street and Church Street, Project No. 09-CDD-159 to be Awarded to Wattis Construction in the Amount of $457,590.90 B.Consideration of a Proposal for the Library Electoral Campaign Services Consultant Selection Request for Proposal # 08-RFP-CDD-338 to be Awarded to the Lew Edwards Group in the Amount of $68,500 REVISED (6/12/08) City Council Meeting Agenda 6-16-08 Revised as to items in italics/underlining -4- V.PUBLIC HEARINGS Public Hearings for related project applications will be heard concurrently and action will be taken individually. Companion projects under New Business will be taken up for action immediately following the related Public Hearing. A.A Public Hearing to Consider the Annual Destruction and/or Removal of Weeds and Refuse Constituting a Public Nuisance in the City of Gilroy, Pursuant to Section 12.51 of the Gilroy City Code (continued from June 2, 2008 with a 6-0-1 vote. Council Member Dillon absent) 1.Staff Report 2. Open Public Hearing 3.Close Public Hearing Possible Action: 4.Motion to Adopt 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 Gilroy, Pursuant to Section 12.51 of the Gilroy City Code (Roll Call Vote) B.Public Hearing to Consider the Revision and Adjustments of Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy 1.Staff Report 2.Open Public Hearing 3.Close Public Hearing Possible Action: 4.Motion to Adopt a Resolution Revising and Adjusting the Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy (Roll Call Vote) C.Public Hearing for the Consideration of the Adoption of the 2008-2013 Financial Plan of the City of Gilroy 1.Staff Report 2.Open Public Hearing 3.Close Public Hearing REVISED (6/12/08) City Council Meeting Agenda 6-16-08 Revised as to items in italics/underlining -5- V.PUBLIC HEARINGS (CONTINUED) Possible Actions: 4.Motion to Adopt a Resolution for the City Budget for Fiscal Year 2008- 2009 and Appropriating Proposed Expenditures for the Purposes Set Forth in the Budget (Roll Call Vote) 5.Motion to Adopt a Resolution Setting the Appropriation Limit for the 2008- 2009 Fiscal Year (Roll Call Vote) 6.Motion to Approve the 2008-2013 South County Regional Wastewater Authority (SCRWA) Financial Plan 7.Motion to Approve the 2008 Capital Improvement Budget VI.UNFINISHED BUSINESS A.Consideration of the Adoption of an Ordinance of the City Council of the City of Gilroy Approving Application Z 05-12 to Change the Zoning Designation from R1 (Single Family Residential) to R2-PUD (Medium Density Residential – Planned Unit Development) on Approximately 1.97 Acres Located at 9060 and 9070 Kern Avenue, North of Mantelli Drive, APN 790-18-015 and 017 [Public Hearing held May 19, 2008 with an affirmative vote of 5-2 (Council Members Gartman and Woodward voting no) and introduced on June 2, 2008 with a 4-2-1 vote, (Council Members Gartman and Woodward voting no, Council Member Dillon absent)] Possible Action: 1.Motion to Adopt a Ordinance of the City Council of the City of Gilroy Approving Application Z 05-12 to Change the Zoning Designation from R1 (Single Family Residential) to R2-PUD (Medium Density Residential – Planned Unit Development) on Approximately 1.97 Acres Located at 9060 and 9070 Kern Avenue, North of Mantelli Drive, APN 790-18-015 and 017 (Roll Call Vote) B.Consideration of the Adoption of a Resolution Approving a Request to Revise the RDO Affordable Housing Exemption Approval for the Harvest Park Project from 83 Owner-Occupied Townhouses to 83 Rental Apartment Units with Revised Architectural and Site Review for a Property Located west of Monterey Road, north and south of the Extension of Cohansey Avenue, APN’s 790-06-16, 029, 030, 032 and 033, South County Housing, AHE 06-01 [Item heard June 2, 2008 with an Affirmative vote of 4-1-2 (Council Member Gartman voting no, Mayor Pinheiro and Council Member Dillon absent)] REVISED (6/12/08) City Council Meeting Agenda 6-16-08 Revised as to items in italics/underlining -6- VI.UNFINISHED BUSINESS (CONTINUED) Possible Action: 1.Motion to Adopt a Resolution to Revise the RDO Affordable Housing Exemption Approval for the Harvest Park Project from 83 Owner-Occupied Townhouses to 83 Rental Apartment Units with Revised Architectural and Site Review for a Property Located west of Monterey Road, north and south of the Extension of Cohansey Avenue, APN’s 790-06-16, 029, 030, 032 and 033 (Roll Call Vote) C. Consideration of the Adoption of an of an Ordinance of the City of Gilroy Amending the Gilroy City Code Section 7.4.1, Modifying the Boundaries of the Zero Fee Area (As Defined by Exhibit “A”) and Providing that Certain Fees and Costs Charged to Development Projects in the Zero Fee Area are Eliminated until December 31, 2011 [Introduced June 2, 2008 with an affirmative vote of 5- 0-2 (Council Members Dillon and Woodward absent)] Possible Action: 1.Motion to Adopt an Ordinance of the City of Gilroy Amending the Gilroy City Code Section 7.4.1, Modifying the Boundaries of the Zero Fee Area (As Defined by Exhibit “A”) and Providing that Certain Fees and Costs Charged to Development Projects in the Zero Fee Area are Eliminated until December 31, 2011 (Roll Call Vote) D.Consideration of the Adoption of Resolutions of the City Council of the City of Gilroy Proposing an Amendment to the City Charter Changing the Election Cycle from Odd to Even Years and Directing Said Amendments to be Submitted to the Electors of the City for the Municipal Election to be Held on November 4, 2008 (Item continued from June 2, 2008) 1. Staff Report. Possible Action: 2.Motion to Adopt a Resolution of the City Council of the City of Gilroy Proposing an Amendment to the City Charter and Directing Said Amendment to be Submitted to the Electors of the City (Roll Call Vote) 3. Motion to Adopt a Resolution of the City Council of the City of Gilroy Proposing an Amendment to the City Charter to the Electors of the City for the Municipal Election to be Held November 4, 2008 (Roll Call Vote) E.Consideration of a Request for a Second One (1) Year Tentative Map REVISED (6/12/08) City Council Meeting Agenda 6-16-08 Revised as to items in italics/underlining -7- Extension for a Property Located at 9435 Monterey Road, APN 790-07-001, Salvator Oliveri, Applicant, TM 04-13 ( Item heard June 2, 2008 with an affirmative vote of 6-0-1 vote, Council Member Dillon absent) VI.UNFINISHED BUSINESS (CONTINUED) Possible Action: 2.Motion to Adopt a Resolution of the City Council of the City of Gilroy Approving a Second 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 790-07-001 (Roll Call Vote) VII.INTRODUCTION OF NEW BUSINESS A. A Resolution Authorizing Limited Time Parking of Vehicles on First Street/SR 152 1.Staff Report Possible Action: 2.Motion to Adopt Resolution Authorizing Limited Time Parking of Vehicles on First Street/SR 152 in the City of Gilroy Pursuant to Section 22506 of the California Vehicle Code (Roll Call Vote) B.Modification of the Traffic Circulation Master Plan for Bikeways with the Addition of Bike Lanes on Hecker Pass (SR 152) and First Street (SR 152) from the West of City limits to Miller Avenue 1. Staff Report Possible Action: 2. Motion to Modify the Traffic Circulation Master Plan for Bikeways with the Addition of Bike Lanes on Hecker Pass (SR 152) and First Street (SR 152) from the West of City limits to Miller Avenue C.City Council Direction on How to Fund the Repair of Sidewalks by December, 2009 Possible Action: 1.Motion on the Funding of the Repair of Sidewalks by December, 2009 VIII.CITY ADMINISTRATOR'S REPORTS IX.CITY ATTORNEY'S REPORTS REVISED (6/12/08) City Council Meeting Agenda 6-16-08 Revised as to items in italics/underlining -8- X.REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Gang Task Force, Gilroy Gardens Board, Historical Heritage Committee, Santa Clara Co. Library JPA, SCRWA, Street Naming Committee Council Member Tucker – Gilroy Visitor’s Bureau, SCC Recycling & Waste Reduction Commission Council Member Arellano – ABAG, PAB County Expressway Advisory Board Council Member Woodward - SCC Emergency Preparedness Council, VTA Policy Advisory Committee, Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan Liaison Group Council Member Gartman –Street Naming Committee, South Santa Clara County Planning Committee, Santa Clara Valley Water District Water Committee Council Member Dillon – Gilroy School District Accountability Task Force, SC Valley Water District Uvas/Llagas Committee, SCRWA XI.MAYOR'S REPORT A. Appointment of Bob Dillon as Alternate on the Library JPA B.Economic Development Corporation Board, Gilroy Downtown Business Assoc. Board, Gilroy Sister Cities Association, LAFCO, SCC Cities Association Board, SCRWA, Street Naming Committee, VTA Board of Directors, South County VTA Policy Advisory Board XII.ADJOURNMENT TO MEETING OF JULY 7, 2008 MEETINGS/EVENTS *Meeting will be televised on Channel 17 JUNE 2008 16*Study Session, Murray Avenue Update – 6:00 p.m., City Council Chambers 16*Regular City Council Meeting - 7:00 p.m., City Council Chambers 24 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy JULY 2008 7*Study Session, Matrix Study Update - 6:00 p.m., City Council Chambers 7*Regular City Council Meeting - 7:00 p.m., City Council Chambers 8 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy REVISED (6/12/08) City Council Meeting Agenda 6-16-08 Revised as to items in italics/underlining -9- 9*Special City Council Meeting, Gilroy Open Government Ordinance – 6:00 p.m., City Council Chambers 14 Special City Council Meeting/Training – Granicus touch screen system – 4:00 p.m., TBD 18 City Council Mini Policy Summit – 8:00 a.m. – 5:00 p.m., location TBD 21*Study Session, Inclusionary Housing Ordinance – 5:30 p.m. City Council Chambers 21*Regular City Council Meeting - 7:00 p.m., City Council Chambers 28*Special City Council Meeting - 7:00 p.m., City Council Chambers AUGUST 2008 4 Regular City Council Meeting - 7:00 p.m., TBD 12 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy 18 CANCELLED Regular City Council Meeting - 7:00 p.m. 26 SCRWA Meeting – 7:30 a.m., 1500 Southside Drive, Gilroy SEPTEMBER 2008 8 RESCHEDULED TO 9/15/08 15*Study Session, Housing Element Update - 6:00 p.m., City Council Chambers 15*Regular City Council Meeting - 7:00 p.m., City Council Chambers 29*Regular City Council Meeting - 7:00 p.m., City Council Chambers OCTOBER 2008 6*Regular City Council Meeting - 7:00 p.m., City Council Chambers 20*Regular City Council Meeting - 7:00 p.m., City Council Chambers NOVEMBER 2008 3*Regular City Council Meeting - 7:00 p.m., City Council Chambers 17*Regular City Council Meeting - 7:00 p.m., City Council Chambers