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Minutes 2003/09/15 8122 Regular Meeting September 15, 2003 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Invocation Pastor Mark Milwee, First Baptist Church, gave the Invocation. Posting Agenda The City Clerk noted that the agenda had been posted on September 10, 2003 at 11 :00 a.m. Roll Call Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer - 7:02 p.m. Under Orders of the Day the Mayor noted that Item VII.A. (stated VI.A. on the record) would be deferred to October 6,2003, Item VI.C. would also be deferred to October 6,2003, Items VIII.C. and VIII.D. would be deferred to October 20,2003, and Item VUI.F. would be heard prior to Item VIII.A. New Employee The following new employee was introduced: Cheryll Jennings-Gottlieb, Police Records Technician I, Police Department. T ouch Screen Voting A representative from the Santa Clara County Registrar of Voters' Office gave an update on the new touch screen and absentee voting systems. Employee Award The Mayor noted the Employee Award for the Month of August, 2003 for Lupe Gutierrez, Maintenance Worker II, Community Services Department, who was not able to be present to accept his award. Proc.-Constitu- The Mayor noted a proclamation for Constitution Week - September 17-23, tion Week 2003, which was accepted by Huldah Champion. 8123 Proc.-Dalai Lama The Mayor noted a proclamation for His Holiness The Dalai Lama "Give Peace a Chance" Day - September 5,2003, which was previously mailed to the recipient. Proc.-Ren.Faire The Mayor noted a proclamation for Renaissance Pleasure Faire Celebration Day - September 6,2003, which was previously presented to the recipient. Employee Award The Mayor presented the Employee Award for the Month of September, 2003, to Gary Muraoka, Community Service Officer, Police Department. Proc.-Sentient The Mayor noted a proclamation for Farm Animals as Sentient Beings, which Beings was previously mailed to the recipient. V olunteer Award The Mayor presented the Volunteer of the Month of August, 2003 award to Christy Garduque. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Mark Zappa spoke regarding the group called Gilroy First. He asked that the Council deny the group the use of Channel 17 and the Council Chambers for a candidate forum scheduled for later this week. The Mayor noted a corrected copy ofthe Ordinance for Item III.B. Consent Calendar Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried that the following items under the Consent Calendar be approved, by the following Roll Call Vote: Ayes: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco and Thomas W. Springer: Minutes Minutes of the Regular Council Meeting of September 2, 2003; Ord. 2003-13 Adopted Ordinance No. 2003-13 approving an application for a change in zoning designation from PF (Park/Public Facility) to RH (Residential Hillside) on approximately 2.19 acres on the west side of Rancho Hills Drive, at the terminus of Valley Oaks Court, APN 783-21-061, Glen Loma Group c/o John Filice, applicant, Z 03-05; ORDINANCE NO. 2003-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM PF (PARK/PUBLIC FACILITY) TO RH (RESIDENTIAL HILLSIDE) ON APPROXIMATELY 2.19 ACRES ON THE WEST SIDE OF RANCHO HILLS DRIVE, AT THE TERMINUS OF V ALLEY OAKS COURT, APN 783-21-061, GLEN LOMA GROUP C/O JOHN FILICE, APPLICANT, Z 03-05. PASSED AND ADOPTED this 15th day of September, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res. 2003-61 Adopted Resolution No. 2003-61 endorsing VTA's Community Design and Transportation Program and its Manual of Best Practices for Integrating Transportation and Land Use; RESOLUTION NO. 2003-61 \ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ENDORSING VTA'S COMMUNITY DESIGN AND TRANSPORTATION PROGRAM AND ITS MANUAL OF BEST PRACTICES FOR INTEGRATING 8124: TRANSPORTATION AND LAND USE. PASSED AND ADOPTED this 15th day of September, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res. 2003-62 Adopted Resolution No. 2003-62 approving TM 02-09, a Tentative Map to subdivide an approximately 16.5 acre site into 15 residential hillside lots located at the western terminus of Hollyhock Lane, APN 783-04-018, Jim Hoey (Hollyhock Hills), applicant; RESOLUTION NO. 2003-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 02-09, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 16.S ACRE SITE INTO 15 RESIDENTIAL HILLSIDE LOTS LOCATED AT THE WESTERN TERMINUS OF HOLLYHOCK LANE, APN 783-04-018, JIM HOEY (HOLLYHOCK HILLS), APPLICANT. PASSED AND ADOPTED this ISth day of September, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord.2003-14 Adopted Ordinance No. 2003-14 amending Gilroy City Code Section SB.2 of Article I of Chapter 5B pertaining to blighted commercial and industrial property, and adding Chapter 5C pertaining to blighted residential property; ORDINANCE NO. 2003-14 AN ORDINANCE OF THE CITY OF GILROY AMENDING GILROY CITY CODE SECTION SB.2 OF ARTICLE I OF CHAPTER SB PERTAINING TO BLIGHTED COMMERCIAL AND INDUSTRIAL PROPERTY, AND ADDING CHAPTER SC PERTAINING TO BLIGHTED RESIDENTIAL PROPERTY. PASSED AND ADOPTED this ISth day of September, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Budget Budget Amendments/Transfers as recommended; Res. 2003-63 Adopted Resolution No. 2003-63 approving TM 01-06, a Tentative Map to subdivide an approximately 10.6 acre site into 11 hillside residential lots located on the west side of Rancho Hills Drive at the terminus of Valley Oaks Court, APN 783-21-061, Glen Loma Group, applicant; RESOLUTION NO. 2003-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 01-06, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 10.6 ACRE SITE INTO 11 HILLSIDE RESIDENTIAL LOTS LOCATED ON THE WEST SIDE OF RANCHO HILLS DRIVE AT THE TERMINUS OF VALLEY OAKS COURT, APN 783-21-061, GLENLOMA GROUP, APPLICANT. PASSED AND ADOPTED this 15th day of September, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 8125 Claims Denied claims of Shelly & Mark Burleson and Alfred Salcido; Prop.Impr.Agr. Property Improvement Agreement No. 2003-08, Improvement Plans, and 2003-08 & Tract Map No. 9519, Deer Park, APN 783-20-003, Glen Loma Corporation; and Tract 9519 Res. 2003-64 Adopted Resolution No. 2003-64 approving project priorities, committing future matching funds for said projects, and authorizing submittal of the project list to the Santa Clara Valley Transportation Authority for grant funding under the Local Streets and County Roads Program. RESOLUTION NO. 2003-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING PROJECT PRIORITIES, COMMITTING FUTURE MATCHING FUNDS FOR SAID PROJECTS, AND AUTHORIZING SUBMITTAL OF THE PROJECT LIST TO THE SANTA CLARA V ALLEY TRANSPORTATION AUTHORITY FOR GRANT FUNDING UNDER THE LOCAL STREETS AND COUNTY ROADS PROGRAM. PASSED AND ADOPTED this 15th day of September, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Bid - Street The City Administrator presented a recommendation to award the bid to Patch Repair O'Grady Paving for the 2003/2004 Street Patch Repair and Resurfacing Project, Project No. 04-CDD-125 in the amount of$462,488.94. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to award the bid to O'Grady Paving for the 2003/2004 Street Patch Repair and Resurfacing Project, Project No. 04-CDD-125 in the amount of $462,488.94. Pub.Hearing Gambling The Mayor stated it was the time and place scheduled for a Public Hearing on an Ordinance of the City Council of the City of Gilroy amending Section 16.6-1 of Chapter 16 of the Gilroy City Code, entitled Offenses-Miscellaneous, to update various references pertaining to gambling regulation. The staff report was noted and further explained by the City Administrator. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to read the Ordinance by title only and waive further reading of the Ordinance. The City Clerk read the ordinance by title only. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to introduce an Ordinance of the City Council of the City of Gilroy amending Section 16.6-1 of Chapter 16 of the Gilroy City Code. Pub. Hearing Massage The Mayor stated it was the time and place scheduled for a Public Hearing on an Ordinance of the City of Gilroy adding a new section, Article VI [entitled "Regulation of Massage Establishments and Massage Practitioners"] to Chapter 13 [entitled "Licenses"]. The staff report was noted and further explained by the City Administrator and Captain Moore. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. 8126 Pub. Hearing Hotel Reg. Pub. Hearing Z 03 -06 Z 02-09 A 00-01 Small Project Exemption SPE 03-01 Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to read the Ordinance by title only and waive further reading of the Ordinance. The City Clerk read the ordinance by title only. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to introduce an Ordinance of the City Council of the City of Gilroy adding a new section, Article VI to Chapter 13 of the Gilroy City Code. The Mayor stated it was the time and place scheduled for a Public Hearing on an Ordinance of the City Council of the City of Gilroy amending the Gilroy City Code Chapter 25A, adding a new section 25A.14 regarding Hotel Registration. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to continue this request to October 6, 2003 at the request of staff. The Mayor stated it was the time and place scheduled for a Public Hearing on a Citywide zoning text amendment to allow for certain ancillary retail uses in industrial zoning district subject to a Conditional Use Permit. Hai Tran (Five-Day Furniture Warehouse), applicant, Z 03-06. The staff report was noted and further explained by Planner I Polubinsky. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to direct staff to prepare an ordinance approving Z 03-06. The Mayor deferred this item to later in the agenda. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to continue adoption of a Resolution of the City Council of the City of Gilroy making determinations and approving the reorganization of territory designated "Day Road Reorganization No. 00-01," property located contiguous to and north of the City limits and beginning at Santa Teresa Boulevard and extending northwest along Day Road approximately 66.8 acres (APNs 783-16-020, 783-16-022), Glen Loma Group, applicant, A 00-01 to the meeting of October 6, 2003 at the request of staff The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. The Mayor noted a Planning Commission request for review of the Small Project Exemption (SPE) application procedure. The staff report was noted and further explained by the City Administrator. Motion was made by Councilman Arellano, seconded by Councilman Dillon and carried (Councilmembers Gartman, Velasco, and Springer voting no) to direct staff to continue to a study session on September 22,2003. The Mayor returned to the regular order of the agenda. The Mayor noted a Small Project Exemption request to allocate 15 lots, for a single family subdivision on 37.19 acres in an Al (Agriculture) zone, located at Miller Avenue, southwest of Santa Teresa Boulevard. Ernie FilicelMcCormack Partnership, applicant, SPE 03-01. Motion was made by Councilman Arellano, seconded by Councilman Dillon and carried (Councilmembers Gartman and Springer voting no) to continue this request to October 6, 2003. SPE 03-04 SPE 03-05 SPE 03 -06 SPE 03-03 8127 The Mayor noted a Small Project Exemption request to allocate 12 lots, for a single family subdivision on 4.5 acres in an Rl (Single Family Residential) zone, located on the north end of Mesa Road and Miller Avenue. Don Thompson, applicant, SPE 03-04. Motion was made by Councilman Arellano, seconded by Councilman Dillon and carried (Councilmembers Gartman and Springer voting no) to continue this request to October 6, 2003. The Mayor noted a Small Project Exemption request to allocate 16 lots, for a single family subdivision on 4.8 acres in an Rl (Single Family Residential) zone, located north of Rodeo Drive at Cheyenne Drive. Rancho Meadows Inc., applicant, SPE 03-05. The Mayor noted a request by the applicant to continue this request to October 20,2003. Motion was made by Councilman Dillon, seconded by Councilman Arellano and carried to continue this request to October 20, 2003. The Mayor noted a Small Project Exemption request to allocate 17 lots, for a single family subdivision on 96 acres in an Rl (Single Family Residential) zone, located north of Rodeo Drive, east of Cheyenne Drive. Rancho Meadows Inc., applicant, SPE 03-06. The Mayor noted a request by the applicant to continue this request to October 20, 2003. Motion was made by Councilman Dillon, seconded by Councilman Arellano and carried to continue this request to October 20, 2003. The Mayor noted a Small Project Exemption request to allocate 16 lots, for a single family subdivision on 3.8 acres in an Rl (Single Family Residential) zone, located at Farrell Avenue, west of Church Street. James Suner, applicant, SPE 03- 03. Motion was made by Councilman Arellano, seconded by Councilman Morales and carried (Councilmembers Gartman and Springer voting no) to continue this request to October 6, 2003. American Flag The Mayor noted a request by the Gilroy Chamber of Commerce for Project endorsement of the American Flag Project for Monterey Street, a fee-waived encroachment permit, permission to drill 100 holes for the flags, and a funding commitment. The staff report was noted and further explained by the City Administrator. Tim Day noted the partnership that has been formed to support the American Flag Project for Monterey Street. He explained the project as proposed and the estimated costs. He noted the requests from the City. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to endorse the American Flag Project for Monterey Street, approve a fee-waived encroachment permit/easement approval, permit drilling of 100 holes for the flags with staff approval of the locations, and to approve a funding commitment of $5,000 initially and $500 yearly for ongoing upkeep funding, with all funding to come from the GDDC yearly allocation. Councilman Pinheiro requested that staff try to expedite the project for completion by November 11, 2003. The following informational items were noted with no separate discussion on same: 8128 Pub.Hearing Z 02-09 Customer Service: Letter of thanks from Cathy Mirelez to Jeff Gopp, Gilroy High School Supervisor of Maintenance, and his staff and Moises and Theresa, High School custodians, for their assistance during the Children's Summer Theater Production "Rock 'N Roll Reunion; Article regarding the presentation of the Nob Hill Foods "Good Egg" award to Susan Voss in recognition for her extra effort in bringing the mural project to fruition; Note of thanks from Barbara Moses to Lisa Jensema and Scott Barron for their assistance with a problem; and Letter of appreciation from Frank Angelino, KBA Y /KEZR radio stations, to John Bisceglie and staff and Cathy Mirelez for the production of Rock N'Roll Reunion. Informational item: Gilroy Economic Development Corporation minutes of July 11, 2003. The Mayor stated it was the time and place scheduled for a Public Hearing on a Citywide zoning ordinance text update for consistency with the newly adopted General Plan, in addition to miscellaneous updates and map amendments for consistency with the General Plan. City of Gilroy, applicant, Z 02-09. The staff report was noted and further explained by Planner II Casper. Motion was made by Councilman Arellano, seconded by Councilman Morales and carried to continue this request to a study session on September 22, 2003 and Public Hearing on October 6, 2003. The City Administrator stated that the study session on September 29,2003 will be in the Council Chambers and not in the Senior Center. He commented that the main League of California Cities Conference discussion centered around creation of a November, 2004 ballot initiative to protect local government revenues. He stated that he will put a packet together for the October 10, 2003 mini-retreat. The Mayor congratulated the Renaissance Faire, noting that it seemed to be doing well this year. Councilman Gartman stated that he represented the City of Gilroy at the League of California Cities Conference. He noted that the general theme was how to keep our money in our cities, and what are we going to do as City officials to stop the trend of the State legislature from taking our money. He noted for the opening ceremony, that he was the flag bearer for the City of Gilroy flag. He commented on the Gilroy First election forum to be broadcast on Channel 17. He stated that he would like to request that the approval be rescinded for Channel 17 and for the use of the Council Chambers and that they use Channel 20 at CMAP. Motion was made by Councilman Gartman to deny use of the City facilities for the Gilroy First election forum, and the motion died for lack of a second. The City Attorney explained that the City would need to add an item to the agenda if the Council wanted to discuss the use of City facilities for the Gilroy First election forum. Motion was made by Councilman Gartman, seconded by Councilman Dillon and carried (Councilmembers Arellano and Morales voting no) to add an item to the agenda regarding the use of City facilities for the Gilroy First election forum, and that this item came up after the agenda was prepared and posted, and is of an urgent nature. 8129 Mary Hohenbrink stated that it would not be bad press to change the location of the candidate forums to CMAP. She stated that it would be in the best interest of the community, due to the fact that the citizens are paying for the costs of the building. Mark Zappa stated that if the City Council does not ban the Gilroy First forum, he will put forth a forum for the California Republican Assembly. Motion was made by Councilman Arellano, seconded by Councilman Morales and carried (Councilmembers Gartman and Springer voting no) that the City of Gilroy would not allow any pre-election candidate forums, effective November 4, 2003 in the City Council Chambers or televised on Channel 17. Councilman Arellano noted that the Santa Clara County Registrar of Voters just demonstrated the new touch screen voting system and stated that we need poll workers. He commented that the new sidewalks downtown are cracking, and asked if staff could look at them. Councilman Dillon stated that he was at the Jelly Belly store opening on Friday. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 SEPTEMBER 2003 15 Study Session - Update on the Soundwall Task Force and the Glen Loma Sound Attenuation - 5:30 p.m., Gilroy City Council Chambers 15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 16 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 22 Closed Session - Conference with Labor Negotiator - 6:00 p.m., Gilroy City Council Chambers 22 Presentation by Rod Diridon on the California Railroad Museum - 6: 15 p. m., Gilroy City Council Chambers 22 Quarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., Gilroy City Council Chambers 23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 24 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 29 Study Session - Infrastructure Master Plans and Nexus Study Review - 6:00 p.m., Senior Center Meeting Room OCTOBER 2003 6 Study Session - Review Redesign Options and Cause & Effect Matrix for the new Police Facility - 6:00 p.m., Gilroy City Council Chambers 6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 10 Council Mini-Retreat - 12:30 p.m., Gilroy Senior Center Meeting Room 13 Joint Study Session (CouncillPlanning Commission) on the Glen Loma Specific Plan - 6:00 p.m., Senior Center Main Hall 14 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy 14 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 21 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 22 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 27*Special City Council Meeting (Glen Loma EIR) - 6:00 p.m., City Council Chambers 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy NOVEMBER 2003 3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 12 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 17 Study Session - Review and Approve Redesign Documents and Draft Master 8130 Plan Update Alternatives for the new Police Facility - 6:00 p.m., City Council Chambers 17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 18 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 19 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 21 Joint City CouncillPolice Department/Fire Department Mini-Retreat - 9:00 a.m., Chamber of Commerce Board Room, 7471 Monterey Street 25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 26 Ag Mitigation Task Force - 7:00 p.m., City Council Chambers (to be rescheduled) Adjournment At 10: 17 p.m., the Mayor adjourned the meeting to a closed session. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54956.9(b) Agency Negotiators: Jeff Sloan, Charles Sakai, and LeeAnn McPhillips Employee Organization: IAFF, Local 2805 (Fire Employees) At 10:45 p.m., the Mayor reconvened the meeting and announced that no action had been taken in the Closed Session, and further adjourned the meeting to the next regularly scheduled meeting of October 6, 2003. Respectfully submitted, ;-- d I ,/, "_H /(17-"1 JU:t/L __ L(: (J", ' Is;' RHONDA PELLIN, CMC City Clerk