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Minutes 2008/12/01 ;, City Of Gilroy City Council Minutes Monday. December 1. 2008 I. OPENING A. Mayor Pinheiro called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. The Invocation was given by Father Dan Derry of Saint Mary's Catholic Church. City Clerk Freels reported that the agenda had been posted on November 26, 2008 at 10:00 a.m., the revised agenda posted on November 26, 2008 at 12:00 p.m. Roll Call Present: Council Member Peter Arellano, Council Member Dion Bracco, Council Member Bob Dillon, Council Member Craig Gartman, Council Member Perry Woodward and Mayor AI Pinheiro Absent: Council Member Cat Tucker 8982 B. Orders of the Day There were no changes to the agenda. C. Introductions There were no introductions. D. Proclamations, Awards and Presentations 1. Presentation of Certificates of Appreciation to the Members of the Library 4 Gilroy Campaign Committee Mayor Pinheiro presented certificates of appreciation to the Library 4 Gilroy Committee members: Jay and Vicki Baksa, Carol Smith, Hugh Smith, Conrad Lather, Linda Bernett, Carol De Santis, Bill Paisley, Natilda Henry, Bob Dillon, Bob Sigala, Phyllis Armenta, Kathleen Smith, Sylvia Wymouth, Bill Headley, Mary Yastes and Lani Yashimura. II. PRESENTATIONS TO COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL B. Annual Presentation of the Bicycle Pedestrian Advisory Board Council Member Arellano thanked the Bicycle Pedestrian Advisory Board for their work on the new Camino Arroyo Bridge. The presentation was given by Thomas Muniz the chair of the Bicycle Pedestrian Advisory Board. III. CONSENT CALENDAR Council Member Woodward asked to pull item III.B. A. Approval of the Minutes of the November 17, 2008 Regular Meeting Motion on Item IIl.A. Motion was made by Council Member Dillon, seconded by Council Member Woodward and carried (Council Member Tucker absent) to approve the item. B. Approval of the Cimino Property Purchase Agreement in the Amount of $14,000., Plus Closing Expenditures, to Purchase a 600 Square Foot Parcel Located Between 7470 Eigleberry and Gourmet Alley, APN 799- 07-074 (staff report) Council Member Woodward recused himself from voting on item III.B. stating that " he owned real property within 500 feet of the subject site. He then left the dais. Motion on Item IIl.B. Motion was made by Council Member Arellano, seconded by Council Member Bracco and carried (Council Members Tucker and Woodward absent) to approve item IIl.B. IV. BIDS AND PROPOSALS 1 8~83 There were no bids and proposals. V. PUBLIC HEARINGS A. Public Hearing to Consider a Report by the Gilroy Police Department Recommending a Spending Plan for $100,000. of Funding Under the State Law Enforcement Block Grant Monies for the 2008/2009 Fiscal Year. (staff report) The staff report was presented by Police Chief Turner. The Public Hearing was opened. There being no comment the hearing was closed. Motion on item V.A. Motion was made by Council Member Bob Dillon, seconded by Council Member Peter Arellano,M.D. and carried to approve Motion to Accept the Funding Plan for the 2008/2009 COP's Grant as Recommended B. Public Hearing to Consider Revision and Adjustment of Rates and Charges for Municipal Sewer Service to be Effective January 1, 2009 and to Hear Protests Thereto The staff report was presented by Finance Director Turner. Council Member Arellano spoke on the costs increases in charges from the County Water District and PG & E. Finance Director Turner shared the process of increases stating that the rates were smoothed over the following year and the City also attempted to keep costs down by pumping during off-peak hours in order to keep the rates down. The Public Hearing was opened. There being no comment the hearing was closed. Motion on item V.B. Motion was made by Council Member Peter Arellano, seconded by Council Member Dion Bracco and carried (Council Members Gartman and Woodward voting no, Council Member Tucker absent) to adopt Resolution 2008-49 Approving the Adjustment of Rates and Charges for Municipal Sewer Service. C. Public Hearing to Consider Revision and Adjustment of Rates and Charges for Municipal Water Service to be Effective January 1, 2009 and to Hear Protests Thereto (staff report) The Public Hearing was opened. There being no comme"nt the hearing was closed. Motion on Item V.C. Motion was made by Council Member Peter Arellano, seconded by Council Member Dion Bracco and carried (Council Members Gartman and Woodward voting no, Council Member Tucker absent) to adopt Resolution 2008-50 Approving the Adjustment of Rates and Charges for Municipal Water Service. 89'84 D. Public Hearing to Consider an Appeal of the Planning Commission Decision to Deny a Variance Request to Increase the Floor Ratio for a Proposed Redevelopment Project and to Recommend Against the Associated Architectural and Site Review to Remodel the Existing Un- reinforced Masonry Building at 7401 Monterey Street, APN 799-07-067, A1S 07-53 & V 08-04, Jose Montes Applicant The staff report was presented by Planner II Mcintyre. Council Member Bracco asked how tall the building was. Planner II Mcintyre stated that she didn't know the height stating that the building was two stories and the adjacent Milias building was 48 feet to 54 feet. Council Member Bracco spoke on the balconies, asking why they were removed from the Historic Heritage Committee recommendation. Planner II Mcintyre stated that there were several reasons, two of which were the cost of the balconies and the safety concerns of the people below. Council Member Arellano asked how many other buildings had received a FAR variance in the area. Planner II Mcintyre stated that she had not looked into the other projects in the downtown area with a FAR variance. Mayor Pinheiro stated that he had asked Planning Manager Faus the same question and he had stated that the Heritage building had a FAR variance. Mayor Pinheiro then stated that the building across from the post office had covered the full foot-print as did Mr. Burtoloni's building which was 4 buildings down from the subject site. Council Member Gartman asked how tall the Burtoloni building was. Mayor Pinheiro stated that it had 3 floors and looked as though it was taller than the existing Halls Building. The Public Hearing was opened. Katherine McBride, Member of the Historic Heritage Committee, stated that she was speaking for herself and was not in favor of the variance for FAR. She stated that the HHC had not been in favor of the project as it was not in compliance with the intent of the zoning ordinance and downtown specific plan and could be detrimental to the community due to the height of the building and lack of parking. Carol De Santis spoke in opposition to the variance for the FAR sharing her concerns with the remodel of the building. She stated that the building would be disproportionately tall in comparison to the adjacent buildings and was in violation to the downtown specific plan. She suggested that the applicant purchase additional adjacent property to spread the building out. Larry Cope PresidenUCEO"of the Gilroy Economic Development Corporation spoke in support of the project stating that there were other buildings in the area that would match the height. He spoke on creating density in the downtown areas stating that many cities were proposing more dense downtown areas to reduce the carbon footprint and utilize the public transportation in the areas. He shared the adequacy of parking in the downtown area and then spoke on the downtown specific plan as a "best knowledge plan" explaining that at the time it was the best guess the specific plan task force had at the time. l I 8985 Council Member Gartman asked Mr. Cope if he could give background on the 2.5. Planning Manager Faus explained that the downtown specific plan task force had worked with a number of options through slides and photographs and they had not determine a numeric determination but a more visual recommendation of what the downtown should look like. Council Member Gartman asked if the 2.5 was an arbitrary number the downtown specific plan task force had come up with. Planning Division Manager Faus stated that it was not arbitrary explaining that the task force had spent many hours visiting other city downtown districts and had reviewed multiple photos and had recommended a fairly flexible downtown image. Project Applicant Jose Montes stated that he had begun the process 1 year previous and he had worked with all divisions of the City to comply with any requirements imposed. He explained that there were no guidelines for the FAR so he had used the National standard. He explained that the project had 4 residential units and 28,000 square feet of commercial stating that the residential units should be grandfathered in. He then shared a handout with the Council which detailed the present amount of parking along with the proposed parking stating that the deficiency was only 1.5 parking spaces. He stated that the design had very little impact on the downtown areas and explained that he had received the HHC recommendations to utilize the old brick for the facade and the recommendation that the balcony conform with the other floors and he had complied with all of the recommendations. He concluded by stating that the City Council should consider other buildings that already exceeded the FAR in the downtown areas. Council Member Bracco asked how tall the building was. Mr. Montes stated that he didn't know what the existing height was stating that the Milias building was much taller and was 4 stories, with an additional tower. Council Member Bracco stated that he sat on the HHC and had reviewed the project. He explained that the applicant had complied with all of the City standards he was concerned with discussion on the HHC that the building was too nice for the area. He explained that Old City Hall was a taller building as was the Milias building explaining that any new building in the downtown would be 4 stories and would exceed the FAR. He explained that there were many previously approved projects without parking as close as the subject project had and he thought the Council should see what the applicant had originally provided to the HHC as it was a beautiful design. Mayor Pinheiro spoke on the architectural differences of the downtown explaining that the existing buildings in the area were wall-to-wall and most were narrow as that was the foot print of the downtown area. He spoke on the City's request for the repair of the downtown URM buildings and the fee waivers in place. He spoke on the project appeal and the staff report detailing the reasons for approval. He then spoke on the use of old brick of the building as he believed that it might not make sense to save all of the walls stating that replication of the facade could achieve a more appealing building. Council Member Gartman spoke on the variance request for FAR stating that there were no specifications in place to define the FAR. He stated that other cities had such definitions. He then stated that other buildings in the vicinity were the same height if not higher and he was in support of the variance but would like to see the vote taken separately for the variance and the architectural and site plan. 8986 Council Member Arellano spoke on the aesthetics of the Halls building explaining that the City had been trying to revitalize the downtown with high density as the property was narrow in the downtown areas. He spoke on the danger of the un-reinforced masonry buildings in the downtown stating that he was comfortable with approving the variance for the FAR and he agreed that there was parking down the alley from the building. He then spoke on development of an assessment district for parking. Council Member Woodard asked what the Floor Area Ratio was for the Milias Hotel. Planning Manager Faus stated that it was about 4.0. Council Member Woodward then stated that the variance issue would come up over and over as more structures were built explaining that standards needed to be amended for a well defined FAR for the downtown area as many cities had a well defined standard. Council Member Dillon asked what would happen if the appeal was sustained asking if the architectural and site plan would go back for the balcony features. Planning Manager Faus stated that the applicant would go back to redesign the project. City Attorney Callon explained that the variance was on the agenda for approval so there would only be a re-submittal of the architectural and site plans if changes were to be made to it. Motion on Item V.D. Motion was made by Council Member Peter Arellano, seconded by Council Member Dion Bracco and carried (Council Member Tucker absent) to Uphold the Appeal of V 08-04 Council Member Gartman requested that the design go back and be adjusted to the previous design that had been first submitted to the HHC. Council Member Bracco asked that if any changes were to be made at the Staff level then he wanted it to come back to the Council. Mayor Pinheiro asked Planner II Mcintyre how the cost and safety issues had , caused the changes with the project. He then asked how the rounded balcony was a safety issue in comparison to the flat balcony. Planner II Mcintyre stated that the developer had responded to comments from staff so he had made the suggested changes. She then explained that several staff members had determined that there were safety issues with the balcony and the applicant had made other changes due to costs. Mr. Montes stated that conformity had been an issue for the balcony as the comment had been made that it conform with others. He said it would be his preference to have the rounded balcony. " Council Member Arellano asked Mr. Montes if the old brick could be used. Mr. Montes stated that he would prefer to use the old flag stone as the brick was decaying and he would prefer to see the facade of the building to look more like the Old City Hall building. Council Member Dillon stated that the brick could be used as a feature in an artistic area in a non load bearing display. 1 I 8987 Mayor Pinheiro spoke on other buildings using the older materials in other areas other than load baring such as entry ways. Council Member Gartman asked that the item come back for the architectural and site approval asking if the Planning Commission had seen the original design. Planner II Mcintyre explained that the HHC had not approved the original design and had asked that it be re-designed so the original design had not been reviewed by the Planning Commission. Council Member Bracco stated that the HHC had voted to approve the design with the rounded balcony and at the next meeting it had been changed. Mayor Pinheiro stated that the Council wanted it to go back to the Planning Commission with the rounded balcony concept and fa<;ade recommendations the Council had just discussed along with the caveat that staff directed changes beyond what the Council wanted come back to Council. Council Member Woodward stated that he liked the idea that Mr. Montes had suggested that his building look more like Old City Hall with the flag stone. Second Motion on Item V.D. Motion was made by Council Member Perry Woodward, seconded by Council Member Dion Bracco to uphold the appeal of AS 07-53 and the AS will go back to the Planning Commission. City Administrator Haglund suggested that the original architectural and site plan design that had been developed for the HHC come back to the Council instead of the Planning Commission. Council Member Woodward stated that he wanted the Planning Commission to give input with the knowledge that the City Council was taking a more liberal view of the FAR and the downtown specific plan. Council Member Arellano stated that he didn't believe the Planning Commission needed to review the project explaining that they were not able to change things the way that the Council could stating that he didn't want the Planning Commission to go through the whole process again. Mayor Pinheiro stated that the architectural and site design did not go through the Planning Commission as was stated in the draft minutes explaining that Mr. Montes could go back to the Planning Commission with a full detail of the AlS. Planner II Mcintyre explained that she would not be the planner taking the project forward after the January date. Continued Second Motion on Item V.D. The motion carried (Council Member Tucker absent) City Attorney Callon stated that there was one additional action the Council would need to take and that was to direct staff to prepare a resolution with the findings to grant the variance. " Third Motion on Item V.D. Motion was made by Council Member Woodward, seconded by Council Member Arellano and carried (Council Member Tucker absent) to direct staff to prepare the resolution with findings to grant the variance of V 08- 04. VI. UNFINISHED BUSINESS 8988 A. An Ordinance of the City Council of the City of Gilroy Approving Z 08- 03, Amending the Gilroy Zoning Ordinance to Create the Murray Avenue-Las Animas Avenue Overlay Combining District, Bounded by Leavesley Avenue to the South, 101 Freeway to the East, Cohansey Avenue to the North and Monterey Road to the West, and Modifying the City Zoning Map to Designate Such Overlay Combining District (Public Hearing Held 11/17/08) Motion on Item VI.A. Motion was made by Council Member Dillon, seconded by Council Member Woodward to Read the Ordinance by Title Only and Waive Further Reading of the Ordinance Council Member Gartman asked if the language regarding the significant affect on the environment was incorrect. City Attorney Callon explained that the language was a typo and should read: "whereas CEQA provides that if it can be seen with certainty as here that there is no possibility that the Gilroy Zoning Ordinance". Council Member Garman asked that the change to the language be included in the motion. Council Members Dillon and Woodward agreed. City Clerk Freels read the ordinance by title. Continued Motion on Item VI.A. The motion 'carried (Council Member Tucker absent). Second Motion on Item VI.A. Motion was made by Council Member Dillon, seconded by Council Member Woodward and carried (Council Member Tucker absent) to Introduce An Ordinance of the City Council of the City of Gilroy Approving Z 08-03, Amending the Gilroy Zoning Ordinance to Create the Murray Avenue-Las Animas Avenue Overlay Combining District, Bounded by Leavesley Avenue to the South, 101 Freeway to the East, Cohansey Avenue to the North and Monterey Road to the West, and Modifying the City Zoning Map to Designate Such Overlay Combining District Third Motion on Item VI.A. Motion was made by Council Member Arellano, seconded by Council Member Dillon and carried (Council Member Tucker absent) to Direct Staff to Prepare a Resolution to Approve/Modify/Deny the Murray Avenue-Las Animas Avenue Overlay Combining District Design Policy B. A Resolution of the City Council of the City of Gilroy Approving a Downtown Small Project Exemption of Forty-five (45) Residential Units with Commercial Space Located at 7121 Monterey Street, APN 799-10- 049, DSPE 08-02.(ltem Heard 11/17/08 with an Affirmative vote of 6-0-1) Council Member Arellano stated that he had previously recused himself from deliberating on the item due to the possibility of a conflict of interest but had since spoken with the City Attorney and recognized that no conflict existed. Motion on Item VI.B. Motion was made by Council Member Dillon, seconded by Council Member Woodward and carried (Council Member Tucker absent) to Adopt Resolution 2008-51 Approving DSPE 08-02 C. A Resolution of the City Council of the City of Gilroy Approving a 1 8989 Downtown Small Project Exemption for Three (3) Additional Residential Units Located at 7700, 7760 and 7776 Monterey Street, APN 841-04-019, DSPE 06-04. (Item Heard 11/17/08 with an Affirmative vote of 6-0-1) Council Member Arellano stated that he had previously recused himself from deliberating on the item due to the possibility of a conflict of interest but had since spoken with the City Attorney and recognized that no conflict existed. Motion on Item VI.C. Motion was made by Council Member Woodward, seconded by Council Member Bracco and carried (Council Member Tucker absent) to Adopt a Resolution 2008-52 Approving DSPE 06-04 D. A Resolution Amending the City of Gilroy Records Retention Guidelines to Provide for the Permanent Retention of all Electronic City Council Meeting Agenda and Agenda Reports Council Member Gartman asked that an amendment to the resolution be made to add the retention of study session and Council summit notes to the website asking if the resolution could be amended to include the study session notes retention. City Clerk Freels stated that the retention of study session notes had not been added to the resolution as the item had come up after the Council had agreed to the permanent retention of agenda reports, but the resolution could be amended to include the retention of study session notes. Mayor Pinheiro asked if the notes retention were through Granicus. City Clerk Freels stated that they were not retained through Granicus and could be hosted on the City website. She then asked if the suggestion was to include the notes with a permanent retention. Council Member Gartman agreed. Motion on Item VI.D. Motion was made by Council Member Gartman, seconded by Council Member Dillon and carried (Council Member Tucker absent) to Adopt Resolution 2008-53 of the City Council of the City of Gilroy Amending the City of Gilroy Records Retention Guidelines Adopted as Resolution No. 2003-79 to Provide for the Permanent Retention of All Electronic City Council Meeting Agenda and Agenda Reports VII. NEW BUSINESS There were no New Business items. VIII. CITY ADMINISTRATOR'S REPORTS A. Update on Ongoing Funding for Sidewalk Repair " City Administrator Haglund spoke on the outstanding budget concerns and the allocation of funding to the sidewalk repair. Mayor Pinheiro stated that he had discussed the issue with the City Administrator and had shared the past decisions to take monies from the general fund for the 50/50 program He stated that he believed that under the current 09/10 budget there had been monies set aside for the program, but under the current circumstances he was not in support of adding additional funds from the 08/09 budget. He then spoke on going forward with the program using future funding ~"~o from future budgets. Council Member Gartman stated that the City was telling the public that there was no funding available for sidewalk repairs which is why he had asked the City Administrator to address the item with the Council. He spoke on the funding options available with the ADA funds and gas tax funds stating that he didn't want to see the general fund used. Council Member Woodward asked if the gas tax funds could be used for sidewalk repair and asked how gas sales would impact the tax revenues the City received. City Administrator Haglund stated that it was permissible but not advisable sharing the impact to other programs such as signal light maintenance and chip seal explaining that the funding for chip seal or light maintenance would have to come from the general fund. Finance Director Turner stated that there was a delay in the gas tax receipts and City would not receive the full allotment for the year. Council Member Bracco stated that the 50/50 program was money well spent stating that if people were willing to fund their sidewalk repair then the city should find a way to do it. Council Member Arellano spoke on the previous practices based on a high reserve stating that the City was in the process of laying off staff and could not afford to take monies at the expense of the bottom line. He spoke on the State of California hold on the monies and the need to step back and look at the decline in the amount of fuel consumed and possible loss of tax revenues. He spoke in favor of paying back the property owners who completed the work once the future funds were available. Mayor Pinheiro agreed with Council Member Bracco stating that any opportunity for the sharing of the costs was beneficial but he was very worried about the future financial picture for the City stating that the state legislature was back in session on budget issues. He stated that the City would be hit at different Jevels and he was very concerned about additional spending of any funds. Council Member Dillon asked how far out the other projects would need to be pushed out if the gas tax funds were used for sidewalks instead of street lights and chip seal. City Administrator Haglund stated that it would depend on how much was used, but it may be a few years before the City went into the negative. Council Member Woodard asked how much money was generated from gas sales. City Administrator Haglund stated that it was per gallon. Council Member Woodward stated that Council Member Arellano was correct about the amount of tax the City would receive and then reminded the Council that there had just recently been a settlement payout because of faulty sidewalks. Council Member Gartman stated that the CIP had nothing to do with general fund programs. He explained that the money was just sitting there and couldn't be used for anything else. Mayor Pinheiro spoke on the lack of funds in the future years if the monies were used for other projects other than the projects that they were allocated for. He then explained that the City didn't know what the future would bring and the gas l 8991 tax funds were allocated to fix streets explaining that the City would need to take from the general fund. He suggested that the City would be strapped in a financial crisis by using the funds explaining that the city didn't know what monies the state would be taking. Council Member Arellano spoke on balancing safety issues with the roadways and the sidewalks stating that streets were more expensive to repair than sidewalks and the costs would be higher in future years if they were not maintained. He stated that the City didn't know what the State was proposing to take. He then asked if the gas tax funds could be used for sidewalks. City Administrator Haglund stated that the City could stating that the City was following the 50/50 on the sidewalk and 80/20 on the curb and gutter. Council Member Woodward stated that he share the dire financial position the City was in but other cities were not as lucky as the City of Gilroy with injury due to sidewalk disrepair and he believed the City would need to be very careful. Council Member Dillon stated that fixing the sidewalks could not be equated to fixing the streets stating that he was concerned with the comments made by Council Member Arellano and he did not agree with going backwards with the amount of money the City would be paying towards sidewalk repair. He then made the motion to use up to $350,000 out of the gas tax for 08/09 for the 80/20 program and have the City Administrator look at alternatives in further budget discussions. The motion was seconded by Council Member Gartman. Mayor Pinheiro asked if Council Member Woodward was suggesting that additional money would be allocated to sidewalk repair for people who came to the City in 5 or 6 months. Council Member Woodard stated that his motion was a one time amount from the gas tax funds. Council Member Gartman stated that he wasn't trying to appease anyone in particular and he took offense to the comment as he was trying to address a problem in the City and the Council would need to address the additional need for funding for sidewalk repair during future budget discussions. Mayor Pinheiro stated that the motion was addressing the $350,000 and Council Member Gartman had suggested that his neighbors were hoping to get on the future list and he wanted the Council to consider future requests for the sidewalk repair program once the $350,000 was expended. Council Member Arellano stated that people who road bicycles on roads in disrepair were injured equally as often as people were injured on sidewalks. He then suggested that the City .give IOU's to people who wanted to take advantage of the 50/50 program. Council Member Woodward stated that the $350,000 was an interim measure and in May the Council could look at additional monies for sidewalk repair. Continuance of Council"Member Woodward's motion. The motion but did not pass (Council Members Arellano, Bracco and Pinheiro voting no, Council Member Tucker absent) Council Member Bracco made the motion to issue IOU's until such time as the City Administrator brought forward more budget information. The motion was seconded by Mayor Pinheiro and failed (Council Members Dillon, Gartman and Woodward voting no, Council Member Tucker absent) B. Update on City Website Connectivity Issues 8992 City Administrator Haglund shared sporadic problems with the city website. Council Member Woodward stated that he was able to access his email via his work computer it worked 100% and his laptop was 50%. C. Budget Update City Administrator Haglund shared the financial situation of the city. He shared the forecast for property tax and sales tax sharing the estimates for the decline in revenue. Council Member Bracco asked if the City knew what it was receiving. Finance Director Turner stated that the City received payments periodically throughout the year and a true-up of actual would come in periodically. City Administrator Haglund shared the decrease in motor vehicle tax and the estimate that the General Fund would have a decrease of $771 ,000 for the 08/09 fiscal year. He explained that unless there was a market rebound there would be a 2-3% increase in PERS. He spoke on the reduction of development fee revenues and shared the forecast of a minimum $7 million deficit in the general fund in FY 09/10 with possible further declines coming. He spoke on the expenditures that would hit the General Fund with no monies in the impact funds sharing the City's contributions to the Gilroy Unified School District. He concluded by reviewing the 6 actions the Council had previously taken and spoke on the additional cuts directed by the City Council that would come back at the December 15th Council meeting. Council Member Arellano asked what the 2% increase in PERS would be to the City. Finance Director Turner explained that it was 2-4% of the employer contribution which was approximately $200,000. Council Member Gartman stated that he wanted to get a sharper image of where the City was going and what adjustments would be made as well as the assumptions made. City Administrator Haglund states that all of the assumptions and adjustments were specifically defined in the report from the December 5th City Council Meeting. Council Member Gartman stated that the assumptions and the reasons the decisions were made were not in the report from the 5th as the Council needed to know what the thought process was. Mayor Pinheiro stated that he left the meeting on the 5th with the knowledge that the City Administrator would go forward with the decisions the Council had made and the Council gave him the flexibility to use more than exhibit A for the reductions. He then stated that some Council wanted to be more involved in the decisions of how, when and where. He then explained that the Council had hired the City Administrator to m~ke the best decisions with the monies that the City had stating that on December 15th he wanted to see an overview of the additional cuts. He continued that the City Administrator could provide more of an update at January Council retreat. Council Member Arellano stated that the numbers and facts that were provided were fluid and to ask the City Administrator about the decisions he had made previously was difficult. He explained that large financial institutions had miscalculated with their decisions and though he may not be happy with the decisions the Council had taken. 1 8993 City Administrator Haglund explained that pages 2-8 of the City Administrator's report had shared the details of the projections. IX. CITY ATTORNEY'S REPORTS There was no report. X. REPORTS OF COUNCIL MEMBERS Mayor Pro Tempore Bracco stated that Saturday night was the downtown Christmas parade and tree lighting. He then stated that he had received several phone calls on Sergeant Gillio's presentation on the Gang Activity at the Mayor's forum stating that people in the community wanted to see a quarterly meeting on gang activity. He then invited the public to the gang task force meeting the next evening. Council Member Gartman A. Presentation by Tim Price, Bike Park Proposal in Downtown Gilroy Council Member Gartman spoke on the request stating that Tim Price had wanted to propose a bike track and was looking into additional issues in creating the track. He spoke on the possibility of using the future arts center location on Monterey Street explaining that Mr. Price would be providing additional material for a future Council meeting. He then spoke on the sidewalk issue and requested that the item be agendized again on the 15th for a full Council vote. He then spoke on his conversations with Congressman Honda's office on Federal bailout assistance asking if the Council was interested in supplying Congressman Honda with a letter sharing the City's financial crisis. Mayor Pinheiro stated that the sidewalk item would be returned with no staff report. Council Member Arellano asked if the BMX park was on the Council's top 10 list stating that the Council had not given direction to go forward with the concept and no staff time should be put into it. He then spoke in opposition to the proposed location of the track. Mayor Pinheiro stated that any Council Member had the right to put the item on the agenda. Council Member Gartman stated that the presentation materials were in the packet. City Attorney Callon stated that she had read a headline on the issue that the Mayor of San Jose had announced that he was seeking the funding, and then the next day he was no longer seeking the funding. No other Council Memb~r showed an interest in providing the letter to Congressman Honda. XI. MAYOR'S REPORT Mayor Pinheiro thanked the Council Members for their RSVP for the upcoming Cities Association meeting. He then asked the Council to send him their interest in any of the Council representative positions as the item would be on the 8994 December 15th agenda. XII. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Bracco asked to have an item agendized for the retreat on holding quarterly gang forum meetings. Council Member Arellano suggested that a Vietnam Veterans Memorial street be agendized for the January summit. XIII. ADJOURNMENT TO MEETING OF DECEMBER 15, 2008 The meeting adjourned at 10:17 p.m.