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Minutes 2007/12/17 8759 City of Gilrov City Council Minutes Mondav. December 17.2007 Special Meetinel Closed Session and Ree:ular Meetine: Closed Session 6:00 p.m. PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section 54957 Title: Police Chief There were no Closed Session announcements. I. OPENING A. Call to Order at 7:15 p.m. Mayor Pinheiro led the Pledge of Allegiance. Pastor Malcolm MacPhail of New Hope Community Church gave the Invocation City Clerk Freels stated that the agenda had been posed on December 12, 2007 at 4:00 p.m. and the revised agenda had been posted on December 14, 2007 at 4:30 p.m. Roll Call Present: Council Member Peter Arellano, Council Member Dion Bracco, Council Member Bob Dillon, Council Member Craig Gartman, Council Member Cat Tucker, Council Member Perry Woodward and Mayor AI Pinheiro B. Orders of the Day Mayor Pinheiro asked the Council to pull item I.D.2. explaining that the presentation would be held on January 22nd, 2008. He then reminded the Council of the addendum to the agenda adding item VIII. b., the appointment of the Interim City Administrator and asked the Council to pull item III. A., minutes of December 3,2007 from the Consent Calendar explaining that it would be moved to the January 22nd, 2008 meeting. C. Introductions Introduction of New Employees: Lorraine Kapwell, Office Assistant I, Community Development Department was introduced by Wendie Rooney, Community Development Director. D. Presentations & Proclamations Members of the Gilroy Unified School District AVID 11 class, their teacher Valerie Hunt and Art Barron shared the service learning project on developing a T.E.E.N Center in Gilroy. Council Member Gartman asked what geographic location was being suggested. Ms. Hunt suggested a variety of buildings close to the downtown areas explaining that they knew they would want to be on the east side of town. Council Member Gartman asked if they had developed any budget figures. Ms. Hunt explained that the next step in the process was to develop a budget stating that members of the Rotary were also interested in the project. Council Member Gartman asked what time line they were hoping for. 8760 Ms. Hunt explained that they were hoping to be up and running soon and would need the help and support of City resources to develop the program. Council Member Arellano thanked the students for their presentation sharing his support for their efforts and suggesting that the item be brought back to the Council for action in the near future. Mayor Pinheiro suggested that the item be added to the retreat agenda on January 22,2008 requesting that the class provide any additional materials to staff. City Administrator Baksa asked that the class bring in any additional materials for the Council summit. Presentation of 2007 City Purchase A ward art piece to City Council The item was pulled from the agenda at Orders of the Day. II. PUBLIC COMMENT A. BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL. There were no public comments. III. CONSENT CALENDAR Motion on Items III. B, C, D Motion was made by Council Member Dillon, seconded by Council Member Tucker and carried to approve Consent Calendar Items A. Minutes of November 19, 2007 Regular Meeting B. Recommendation to Approve Budget Amendmentsffransfers C. Claims of Christine Fanthorpe and Patrick Marshall, subrogee for Peter Palma (minor) D. Notice of Acceptance of Completion, Ranch Site Veterans Monument, Project No. 05- CDD-115 Item III. A., minutes of December 3, 2007 Regular Meeting was pulled from the agenda at Orders of the Day. IV. BIDS AND PROPOSALS A. Approval of a 3-year Lease Agreement for 17 Xerox Multi-Function Devices with Success Concepts International, Inc. for $78,589.56 The item was presented by City Administrator Baksa. Motion on Item IV. A. Motion was made by Council Member Dillon, seconded by Council Member Arellano and carried to approve the item. V. PUBLIC HEARINGS A. Zoning Ordinance Text Amendment to amend the Gilroy Zoning ordinance, Sections 48.23 and 48.25, amending the City's non-conforming use policy to reduce the time limit from l(one) year to 120 days that would allow a non-conforming use to be re- installed after the previous use was terminated The item was presented by City Administrator Baksa. Planner II McIntyre presented the staff report. 8761 Mayor Pinheiro asked why the Planning Commission had suggested that the word "abandonment" be removed from the language in the ordinance. Planner II McIntyre explained that they did not like the language Council Member Woodward asked for an example of why the current timing in the zoning code was too short. Planner II McIntyre explained that it was one year which was too long and the 120 days would get the district into conformance more quickly. Council Member Woodward asked if there had been a problem with the year. Planner II McIntyre explained that there were problems in the downtown areas with businesses such as night clubs. Mayor Pinheiro explained that uses such as dance halls and night clubs in the downtown areas were non-conforming under the new specific plan and many had gone vacant for up to 9 months and had re-established as non-conforming. Council Member Woodward asked if the zoning ordinance change would cause non conforming uses to be required to re-established within 120 days or loose their grandfathered use. Mayor Pinheiro agreed explaining that it was specific to non conforming uses. Council Member Woodward asked if it affect all non-conforming uses in the City. Mayor Pinheiro explained that a business would be able to be sold as non-conforming but businesses that shut down would not be able to re-establish as non-conforming outside of the 120 days. The public hearing was opened. There being no comments, the public hearing was closed. Council Member Woodward asked if there would be any ramifications to adopting the ordinance stating that the ordinance might be covering the entire city for a very specific problem. Mayor Pinheiro suggested that the new Council Members feel free to contact staff prior to the Council meetings to ask any questions they may have on agenda items. Council Member Woodward stated that he had received the staff report the Friday before the meeting. Mayor Pinheiro explained that the direction of the Council was to shorten the time but the Council could change it from 120 days to whatever they felt was appropriate. Council Member Woodward stated that 4 months was not very much time for someone to sell their business. Mayor Pinheiro explained that the ordinance would only affect the business if it were to shut down. Motion on Item V. A. Motion was made by Council Member Bracco, seconded by Council Member Tucker and carried to read the ordinance by title only and waive further reading of the ordinance. City Clerk Freels read the ordinance by title. Motion on Item V.A. Motion was made by Council Member Dillon, seconded by Council Member Tucker and carried to introduce a Zoning Ordinance Text Amendment to amend the Gilroy Zoning ordinance, Sections 48.23 and 48.25, amending the City's non-conforming use policy to 8762 reduce the time limit from l(one) year to 120 days that would allow a non-conforming use to be re-installed after the previous use was terminated B. Tentative map request to sub-divide 26.75 acres into 16 industrial lots located on the North side of Las Animas, just east of Monterey Road and just west of Murray Avenue, APN 835-05-006. Desmond Melia applicant. TM 07-01, Las Animas Industrial Subdivision The staff report was presented by Planner II Polubinsky. Council Member Arellano asked to see the map of the project site. Planner II Polubinsky shared the map of the proposed project site. Council Member Tucker asked what the neighborhood concerns had been. Planner II Polubinsky explained that the neighbors had been concerned with both the current project and a previous project due to the lack of sidewalks for pedestrian circulation. The public hearing was opened. Council Member Bracco disclosed that he had met with the applicant's representative. Council Member Arellano disclosed that he had conversations with the applicant's representative. Lee Weider, representative for the applicant, spoke on the project sharing a handout of the intent of the zoning of the area and explaining that the planned use was sensitive to the appropriateness of the neighborhood. He explained that they concurred with the 38 recommendations and suggested that a task force be developed to address the types of uses in the area. He shared the community benefits. Desmond Melia spoke on the project sharing the vehicle traffic in the area Mr. Weider shared a design of another project the applicant had built and shared the benefits of the current application to the area. Council Member Arellano thanked the applicant for their work on the needs of the area. Council Member Bracco asked what the lot sizes were. Mr. Weider stated that they were 1-2 acres. Mayor Pinheiro asked for a correction on the improvement to the crossing as it was part of another project. Mr. Melia explained that the improvement was to the private crossing. Thomas Muniz shared the concerns of the property owners in the area and spoke on the creation of a task force for the area's development. He spoke on the traffic impacts and opportunity to develop bike lanes sharing the bus stop issues and lack of a safe crossing at Las Animas and Murray. He asked to prohibit large trucks from parking in the area and stated that the residents in the area supported the project and looked forward to working with the applicant. Mayor Pinheiro asked staff to address the Planning Commission recommendation to establish a task force. Planner II Polubinsky spoke on the recommendation to develop a task force of citizens and neighborhood stakeholders to discuss the planning of the area and come back to Council with recommendation Mayor Pinheiro spoke on the previous tentative map request in the area sharing his concerns with the variety of projects that were coming before the Council and his support of the development of 8763 the task force to plan the area. Council Member Arellano spoke on previous Council discussions sharing the lack of safe pedestrian traffic ways and explaining that it was time to address the planning of the area. Council Member Dillon suggested addressing Council Member Arellano's concerns during the Architectural and Site Design. City Administrator Baksa suggested addressing the task force master plan in January. Motion on Item V. B. Motion was made by Council Member Dillon, seconded by Council Member Bracco and carried (Mayor Pinheiro voting no) to direct staff to prepare a resolution approving TM 07-01 The Council agreed unanimously to address the developing a task force for the area at the January policy summit. C. Tentative Map request to convert 6 (six) individual dwelling units on one parcel into 6 Hanna Street, APN 799-19-038. Hanna Homes, c/o Shawn Sax. TM 07-06 The staff report was presented by Planner II Polubinsky. Council Member Arellano asked how big the units were. Planner II Polubinsky stated that they were 1 bedroom and were very small. Council Member Arellano asked if an HOA would be developed stating that there would be limited parking and sharing his concerns with the small units. Council Member Dillon stated that there was some on-street parking and said that the project made sense to him. Council Member Woodward suggested that the parking might not be further impacted based solely on the change in ownership. Planner II Polubinsky stated that he didn't believe there would be any change to the parking needs. Council Member Woodward asked what the HOA would be obligated to cover. Planner II Polubinsky explained that there would be maintenance to the outside areas and garage space explaining that the five units would be individually owned. Mayor Pinheiro explained that there would be maintenance to the exterior of the units. Council Member Tucker asked what the units were renting for and what they would sell for. Public comment was opened. Shawn Sax, the property owner, stated that the units were renting for $900 per month and he was not sure what they would sell for. Council Member Arellano asked what the owner's policy was for occupancy of the units. Mr. Sax stated that the individual units were 600 square feet stating that the average occupancy was 1-2 adults and some units had small children with a parent. He spoke on the parking areas on the property and parking availability following the refurbishment of the parking structures. Council Member Arellano asked how the parking spaces were dedicated to the individual units. Mr. Sax explained that one unit would not have a dedicated off-street parking space and the other four would. 8764 Council Member Woodward spoke on the parking availability in the area stating that parking was not a problem. Mark Zappa spoke on the ability of the property owner to rent and sell his project as he chose. The public hearing was closed. Motion on Item v.c. Motion was made by Council Member Dillon, seconded by Council Member Woodward and carried to direct staff to prepare a resolution approving TM 07-06. VI. UNFINISHED BUSINESS A. Presentation of the Financing Plan to acquire Gilroy Gardens, Real Property Acquisition Terms and Lease Terms The staff report was presented by Assistant City Administrator Jatczak and City Administrator Baksa. Council Member Dillon asked for the annual debt figure. Assistant City Administrator Jatczak stated that it was 1.3 million dollars. Council Member Arellano asked what would happen with the Las Animas master plan. City Administrator Baksa stated that it would not change and was planned at mid year. He then spoke on the update of all of the master plans in the future and Council prioritization review. Council Member Dillon spoke on the City financing for the proposal and continued inability to finance sidewalk repair. He then spoke on the acquisition of the park for control of its future and need to educate the public on the reasons for the purchase. He spoke on the disrepair at the park and questioned leasing the park back to Gilroy Gardens for $1 per year. Council Member Woodward spoke on his discussions with the President of the non profit and shared the work that the City Attorney and the Gilroy Gardens attorney's were doing on the deal. He explained that he had requested to see the agreement and was told it was not a public document and was still in draft form. He suggested that the Council appoint a committee to view the negotiation documents to be sure that it was a good deal. Council Member Bracco asked if the City as beneficiary of the non profit, would receive any future profit from the park. Assistant City Administrator Jatczak explained that the profits would go back into the park, which was a direct benefit to the city. She further explained that the city would not have any financial responsibility for the upkeep of the park itself. Mayor Pinheiro explained that as a 501c3, the park would put any additional profits into the City parks and recreation programs after the refreshing of the park. Council Member Arellano spoke on the disrepair of the park and the upkeep of the rides and buildings asking if they needed $1.1 million at the moment. Assistant City Administrator Jatczak explained that they were able to make their November 1, 2007 payment and would have difficulty making their May, 2008 payment. Council Member Arellano suggested that the $1 rent would help with the park repair. Assistant City Administrator Jatczak stated that the master planning effort might determine that the out buildings on the property might not be able to be repaired. Council Member Arellano asked how the maintenance buildings looked. Assistant City Administrator Jatczak stated that they were in good condition. 8765 Council Member Arellano asked if it was a time sensitive deal. Assistant City Administrator Jatczak explained that Gilroy Gardens was not entertaining any other opportunities until they had heard from the City. Council Member Gartman asked when the next payment was due. Assistant City Administrator Jatczak explained that the bond payment was due in May but the bond trustee would need to be paid at the end of March 2008. Council Member Gartman asked when the reserve requirement needed to be made. Assistant City Administrator Jatczak explained that it would need to be paid in November, 2008. Council Member Gartman asked for clarification on the ownership of the assets of the park. Assistant City Administrator Jatczak explained that none of the inventory or leased items were part of the deal, but all of the buildings and assets fixed to the earth were part of the purchase. Council Member Gartman asked for clarification on the bond purchase and the bond holders willingness to sell. Assistant City Administrator Jatczak explained that the City was not purchasing the outstanding bonds, but had the obligation to pay the bond interest payments until 2010 as the bonds were not callable until that time. She explained that technically speaking there would be no majority bond holders. Council Member Gartman stated that with the City backing, the bonds would raise in market pnce. Assistant City Administrator Jatczak explained that the City would benefit from anyone who wanted to tender their bonds early. Council Member Tucker asked where the $1 per year lease agreement had come from. Assistant City Administrator Jatczak explained that the City had similar lease agreements with other non profits such as MACSA. Council Member Arellano explained that the Visitor's Bureau also rented for $1 per year. Assistant City Administrator Jatczak explained that Gilroy Gardens was a very important partner to the City such as the visitor's bureau and MAC SA and the lease agreement could be looked at again in the future to see if the $1 was appropriate. Mayor Pinheiro suggested that the Council look at what was in the best interests for Gilroy. City Attorney Faber explained that the purchase was a very complicated process and many of the draft documents were going between both parties during the negotiation. He explained that the drafts were not public records and if disclosed to the majority of the Council, they became public records under the Public Records Act and Brown Act. He stated that the Council could develop a Council subcommittee, which could be privy to the draft documents. Council Member Woodward asked that the Council appoint a sub committee to look at the documents and due diligence process to see that it made sense and offered to be appointed to the sub committee. Council Member Bracco stated that the proposal was not staff driven as Council has given the direction to pursue the deal. Council Member Woodward stated that the previous Council had given the direction and his suggestion was to have Council be more active in the process. Council Member Dillon stated that he wanted the deal, but the best possible deal for the City. 8766 Mayor Pinheiro explained that staff was working on putting together the materials stating that they needed to get materials to the Council with enough time to review. He explained that the process needed to be dealt with first by staff before the final product was available to the Council. Council Member Woodward suggested that the Council appoint a sub committee. City Administrator Baksa suggested that staff do their work and then hold a workshop for the Council to review the documents at one time. Council Member Dillon stated that he was with the Council on all parts but the lease agreement for $1. Mayor Pinheiro re-iterated the suggestion of City Administrator Baksa to hold a workshop prior to the January 220d meeting. Council Member Woodward stated that there was information that the Council would not be privy to in the workshop setting. Mayor Pinheiro explained that the Council and the public would have all necessary materials available during the study session. Council Member Woodward suggested that the Council do both, hold the study session and appoint the sub committee. He then asked for City Attorney Faber's assistance with making a motion to appoint the sub committee. City Attorney Faber explained that he believed the Council needed to agendize the formation of the committee for another meeting. Mayor Pinheiro questioned the need to re-agendize for the formation of the sub committee explaining that they were dealing with the item of Gilroy Gardens. City Attorney Faber agreed. Motion to form a Gilroy Gardens acquisition sub committee Motion was made by Council Member Woodward, seconded by Council Member Gartman to form an ad hoc sub committee to do the due diligence and analyze all of the transactional documents in association in the purchase of Gilroy Gardens. Council Member Bracco asked if the committee would be working out of public view. Council Member Woodward explained that they would have access to all of the documents. City Attorney Faber stated that they would be an ad-hoc committee and would not be subject to the Brown Act explaining that the documents reviewed would not be public records. City Administrator Baksa asked if staff would continue to work on the proposal. Council Member Woodward stated that the ad hoc committee would just have access to what work had gone on. City Attorney Faber explained that they would be brought in to see where the staffwas on the proposal. Council Member Arellano spoke against the development of the sub committee explaining that the process could be slowed with the additional review and staff was paid to handle the due diligence process. He then stated that Council's formation of the ad hoc committee was stating that they did not trust staff by needing to review their process. He then stated that he trusted staff to do the best thing for the City and Council's job was to review that work. Council Member Woodward stated that it had begun because he wanted to see the contract and the lease. 8767 Council Member Arellano stated that they were draft documents asking why he needed to see the drafts. Mayor Pinheiro stated that he agreed with Council Member Arellano and believed that Council should not be following after staff to micro-manage the process. He stated that he did not support the formation of the ad hoc committee as he believed that the study session with the full Council was the best process. He stated that the Council had a great deal in front of them and the control of the property was the opportunity the Council should be focused on. Council Member Gartman stated that he had been chastised for waiting to the last minute to change documents and he believed that the Council should take as active a role as they chose. He stated that the Council should be able to participate more in the process if it was to the benefit of the City. Council Member Tucker stated that she trusted staff in all of their efforts but also believed in complete transparency. She asked what the purpose of the sub committee was asking if the intent was to re-write the documents. She continued by stating that she didn't want to get into the habit of continually second guessing staff as she completely trusted their work. Council Member Woodward stated that the acquisition was a tremendous purchase and the goal was not to re-write the agreement, but to understand the issues such as the boundary survey as there might be issues that could lead to litigation. Council Member Arellano asked if the sub committee was to represent the Council in determining what should or should not be in the contract. Council Member Woodward stated that they wanted to review the documents and only wanted to have access to the documents and to understand the deal and make an informed judgment. Mayor Pinheiro shared the list of items that the Council would be reviewing stating that the boundary survey would not be dictated by the sub-committee. He spoke on the boundary survey explaining that it was the full Council decision and a final draft would be reviewed by the full Council. He explained that he believed that the City Attorney needed to do their job and he did not need to review the work that they had performed until it was in it's final form. Council Member Woodward stated that Mayor Pinheiro did not have to be on the sub committee. Mayor Pinheiro stated that the Council was to give their direction to staff on the issues such as the boundary survey and then return with the final drafts of the purchase agreements. Continued Motion on the formation of a Gilroy Garden acquisition sub committee The motion carried with a 4-3 vote (Council Members Arellano, Bracco and Pinheiro voting no) Council Members Woodward and Gartman were appointed to the sub committee. Mayor Pinheiro asked if the sub committee would report back to the full Council. Council Member Woodward stated they wanted access to the documents. Mayor Pinheiro stated that the next step was to approve the terms and financing plan and escrow account. Public comment was opened Mayor Pinheiro asked Mr. Zappa to be concise with his comments. Mark Zappa spoke on investment in the property asking if residents would have free admission to the Gilroy Gardens since the park that had been planned for the west side of the City was no longer planned due to the purchase. He then asked if the lease agreement with the golf course would be $1 per year. He stated that he had researched failed attempts of City's purchasing amusement parks stating that the gardens were beautiful, but the purchase was not one for the City as a lot of money was being taken from public services to put into the purchase He asked 8768 that the Council not make the purchase and suggested that the documents reviewed by the sub committee be made available to the public. Bob Sigala spoke in support of the purchase and shared his concern with the $1 lease agreement. He spoke on non-profit's shifting of monies sharing his concerns with the excess money being put into a parent company. Tom Valenta spoke in support of the purchase and suggested that the park be used for children to have a safe place. He explained that the City of Santa Clara was very successful with their ownership of an amusement park. Tom Cruz spoke in support of the acquisition asking if the 2 year lease was beneficial as they might want out of the deal after two years. Joel Goldsmith, member of the Gilroy Gardens board of directors stated that the accusation that there would be any shifting of monies from the non-profit was an inappropriate statement. Denise Apuzzo explained that as a board member on the GUSD board, she believed that the board needed to have faith in their administration and ad-hoc committees were not formed to review drafts. She explained that the [mal plan was to be discussed with the board and issues could arise and be addressed. She stated that she agreed that the $1 per year was too little and the park could be used for a future teen center stating that micro managing staff was inappropriate. Public comment was closed. Mayor Pinheiro asked for Council comments on the three items before the Council; the lease agreement, the terms and the financing plan and escrow account. He then spoke on the decision the Council had made in a public open session to look at the possibly of a bond bill for both the library and cultural center or looking at other possible funding sources. City Attorney Faber explained that the approvals were not legally binding approvals, but were intended to give direction to staff to continue in the direction that staff was going in. Motion on Item VI.A. Motion was made by Council Member Dillon, to approve the concepts of the Financing Plan, Real Property Acquisition Terms and escrow account. Council Member Gartman spoke on the purchase of the assets of the park explaining that previously the Council was interested in the purchase of the land. Mayor Pinheiro explained that the park business was not being purchased, just the fixed assets explaining that the Council did not have to purchase the rides if they chose not to. He explained that the City was only buying the physical assets of the park. City Attorney Faber explained that the City wanted to own the physical assets of the park in the event that if the lease was walked away from, the City would have the ability to lease the park to another business. Council Member Gartman stated that the Gilroy Garden's business owned the inventory only. City Attorney Faber explained that they would own a bit more than the inventory suggesting that the sub committee members meet with him to discuss the assets. Mayor Pinheiro explained that the City owned the golf course land as was the similar intent of the purchase of Gilroy Gardens. City Attorney Faber explained that there was complication in determining what the park owned and what the City did want to purchase Mayor Pinheiro asked if the motion did not include the lease agreement. Council Member Dillon asked to exclude the 8769 Council Member Gartman asked for clarification of the $500, 000 deposit that was noted in the staff report asking if it should go into an escrow account. Assistant City Administrator Jatczak agreed that it would go into the escrow account. Continued Motion on Item VI.A. The motion was seconded by Council Member Woodward and carried to approve the concepts of the Financing Plan, Real Property Acquisition Terms and escrow account. City Administrator Baksa suggested going back to negotiate the lease agreement amount with Gilroy Gardens. Council Members Dillon stated that he did not want it to be punitive. Council Member Arellano suggested the City review all of the leases with other non-profits such as the library explaining that the suggestion to decide what was reasonable for a lease agreement could be tied to another benefit such as opening the park up to teens with a special free pass. Motion to Direct Staff to negotiate the lease agreement Motion was made by Council Member Bracco to direct staff to negotiate the lease agreement and possibly look at a percent. The motion was seconded by Council Member Woodward and carried with a 6-1 vote (Council Member Arellano voting no). VII. INTRODUCTION OF NEW BUSINESS A. Appointment of Board, Committee and Commission Members for terms expiring December 31,2009, December 31,2011 and Unexpired Vacancies Council Member Arellano recused himself from voting on the Planning Commission appointment as his daughter was an applicant, and he left the dais. The Council gave their individual choices for appointment to the Planning Commission. Planning Commission - Ben Anderson (4 votes), Jim Gailey (4 votes) Council Member Arellano returned to the dais. The Council continued to give their individual choices for appointment. Council Member Arellano thanked members of the community for applying to the boards and commISSIons. Motion on Item VII.A. Motion was made by Council Member Bracco, seconded by Council Member Woodward and carried to appoint the following members to boards, committee's and commissions: Planning Commission: Ben Anderson, Jim Gaily (4 year terms) Arts and Culture Commission: Judy Lazarus (4 year term) Housing Advisory Board: Sally Armendaris, Nick Apuzzo (2 year terms) Bicycle Pedestrian Advisory Board: Walter Schinke, Thomas Muniz, James Fennel (2 year terms) Conrad Lather (1 year term) Building Board of Appeals: Nick Apuzzo (4 year term) Historical Heritage Committee: Katherine McBride (2 year term) Library Commission: Peder Eriksson, Jr. (4 year term) Kathleen Smith (3 year term) 8770 Personnel Commission: Sam Bozzo (2 year term) Parks and Recreation Commission: Moe McHenry, Bob Sigala (4 year terms) Gerald Brown (2 year term) The Council took a 5 minute break. The Council re-adjourned the meeting. B. An Emergency Ordinance of the City Council of the City of Gilroy Adopting the 2007 Edition of the California Fire Code, with Amendments, and amending Section 10.9 and Deleting Sections 10.11 - 10.16 of the Gilroy City Code. The staff report was presented by Building Department Manager Kristi Abrams. Council Member Tucker asked if the City was more strict in comparison to the state guidelines. Building Department Abrams explained that in some cases they were more restrictive and other areas the code was less restrictive. Motion on Item VII.R. Motion was made by Council Member Dillon, seconded by Council Member Gartman and carried to read the ordinance by title only and waive further reading of the ordinance. City Clerk Freels read the ordinance by title. Motion on Item VII.B. Motion was made by Council Member Bracco, seconded by Council Member Arellano and carried to adopt Ordinance 2007-23 An Emergency Ordinance of the City Council of the City of Gilroy Adopting the 2007 Edition of the California Fire Code, with Amendments, and amending Section 10.9 and Deleting Sections 10.11-10.16 of the Gilroy City Code. C. An Ordinance of the City Council of the City of Gilroy to the 2007 Edition of the California Fire Code, with Amendments, and amending Section 10.9 and Deleting Sections 10.11-10.16 ofthe Gilroy City Code. Motion on Item VII.C. Motion was made by Council Member Arellano, seconded by Council Member Gartman and carried to read the ordinance by title only and waive further reading of the ordinance. City Clerk Freels read the ordinance by title. Motion on Item VII.C. Motion was made by Council Member Bracco, seconded by Council Member Arellano and carried to introduce the ordinance. D. An Emergency Ordinance of the City Council of the City of Gilroy Adopting the Following Codes: 2007 California Building (V 01.1 and 2), Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire Codes, 2007 California Existing Building code with Appendices A2 and A3 of 2006 International Existing Building Code, and 2006 International Property Maintenance Code, and 1997 Uniform Administrative Code, and Amending Section 6.1 of Chapter 6 of the Gilroy City Code. Motion on Item VII.D. Motion was made by Council Member Bracco, seconded by Council Member Tucker and carried to read the ordinance by title only and waive further reading of the ordinance. City Clerk Freels read the ordinance by title. Motion on Item VII.D. Motion was made by Council Member Tucker, seconded by Council Member Dillon and carried to adopt Ordinance No. 2007-24 An Emergency Ordinance of the City Council of the City of Gilroy Adopting the Following Codes: 2007 California Building (Vol. 1 and 2), 8771 Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire Codes, 2007 California Existing Building code with Appendices A2 and A3 of 2006 International Existing Building Code, and 2006 International Property Maintenance Code, and 1997 Uniform Administrative Code, and Amending Section 6.1 of Chapter 6 of the Gilroy City Code. E. An Ordinance of the City Council of the City of Gilroy Adopting the Following Codes: 2007 California Building (Vol. 1 and 2), Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire Codes, 2007 California Existing Building code with Appendices A2 and A3 of 2006 International Existing Building Code, and 2006 International Property Maintenance Code, and 1997 Uniform Administrative Code, and Amending Section 6.1 of Chapter 6 of the Gilroy City Code Motion on Item VII.E. Motion was made by Council Member Tucker, seconded by Council Member Bracco and carried to read the ordinance by title only and waive further reading of the ordinance. City Clerk Freels read the ordinance by title. Motion on Item VII.E. Motion was made by Council Member Woodward, seconded by Council Member Gartman and carried to introduce the ordinance. VIII. CITY ADMINISTRATOR'S REPORTS A. East Gilroy Specific Plan Task Force Planner II Schwarz presented the report on the item. Mayor Pinheiro suggested that the Council extend the application period and spoke on Chamber of Commerce representation. Council Member Woodward agreed with the Mayor. Council Member Arellano suggested opening up the application period and extending it out another month stating that there wasn't enough time to find representation for some of the agencies. Mayor Pinheiro stated that he was concerned with the lack of representation of the environmental groups sharing the importance of their input. Council Member Arellano spoke on inviting the Farm Bureau and Open Space Authority stating that the noticing document included the Westfield Center project in it's language, which gave the impression that the project was a done deal. He continued by explaining that the public did not want to waste their time if the assumption was that the Westfield Center was a done deal. Council Member Gartman stated that there were 8 applicants for the adjacent property owners category and some of the applicants were from agriculture and open space categories. Council Member Woodward agreed with re-opening the application period explaining that members of the open space organization did believe that the Westfield Center project was a done deal. Mayor Pinheiro suggested that the adjacent property owner category have 1 additional member and an addition of a member of the Chamber of Commerce be added to the task force. Council Member Bracco asked that the notification drop off the Westfield Center project. Mayor Pinheiro suggested that the language state that it was a "proposed" project. Council Member Tucker explained that the general plan amendment was being pushed through at the same timing as the East Gilroy Specific Plan Task Force formation. Mayor Pinheiro explained that the general plan was a right of the property owner. 8772 Council Member Tucker explained that the amendment was being fast tracked. Council Member Arellano explained that a staff member was hired by Westfield to fast track the project. City Administrator Baksa explained that the planner was being paid by the City similar to several other projects. Council Member Woodward suggested that the date be pushed out. The Council discussed holding the interviews and appointing to the task force asking that the interviews take place in February and deadline for applications in January. Motion on Item VIII.A. Motion was made by Council Member Gartman, seconded by Council Member Bracco and carried to add an additional member to the adjacent property owners category and adding a member from the Chamber of Commerce and the application deadline be set for January 31,2008. Council Member Woodward asked if the appointment would be made of the Council Members to the task force. Council Member Dillon suggested appointment of Council Members Gartman and Woodward. Council Member Arellano offered to be appointed to the task force. Council appointment to the East Gilroy Specific Plan Task Force Council Members Woodward and Arellano were appointed to the Task Force with Council Member Tucker appointed as alternate. B. Appointment of Interim City Administrator City Administrator Baksa suggested that Assistant City Administrator Jatczak be appointed as Interim City Administrator. Motion on Item VIII.B. Motion was made by Council Member Gartman, seconded by Council Member Bracco and carried to appoint Assistant City Administrator Jatczak as Interim City Administrator. City Administrator Baksa share the receipt of a VT A grant of $6.2 million for the Camino Arroyo Bridge Project thanking Don Dey for his work on the grant. He then spoke the Governor's intent on calling for a fiscal emergency and possibility of borrowing from cities if the emergency was called. Council Member Gartman spoke on legislators looking at pulling funds from the VLF again. Tom Cruz spoke on the diligence of the Council and spoke on his application to the East Gilroy Specific Plan Task Force explaining that he did not fall within the matrix but had a tremendous amount of background in land use and agriculture use. x. CITY ATTORNEY'S REPORTS There was no report. X. REPORTS OF COUNCIL MEMBERS Council Member Arellano spoke on the citizen at large category asking if the member could be from the county areas. City Administrator Baksa explained that traditionally it was citizens of the City itself and registered voters. 8773 Council Member Arellano stated that there were 4 members that were not citizens of the City. Mayor Pinheiro asked that the suggestion come before the Council when the list came back in February . Council Member Gartman spoke on a communication from a citizen on a stop sign. Mayor Pinheiro explained that he had given the communication to Don Dey and City Administrator Baksa. Council Member Gartman thanked City Administrator Baksa for his service to the City. Mayor Pinheiro explained that he had invited City Administrator Baksa back to another meeting. Council Member Dillon wished everyone a happy holiday season. XI. MAYOR'S REPORT Mayor Pinheiro asked the Council to bring forward any ideas or issues they would like him to address with the Cities Association. He then wished everyone to a happy holiday season. XIII. ADJOURNMENT at 11 :24 pm. to the meeting of January 22, 2008