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Minutes 1997/05/19 6978 Invocation Posting Agenda Ro 11 Call New Emp. Blue & Gold Emp. Month Award '<-"-':\,",'~?'/~_;;H!_:.,=:"j'_,,'l""'Wj,;;,;.?,;_,',-"'>a:"A""'::;""c,:,:"~_-'.:.:_L::i Regular Meeting May 19, 1997 Gilroy, California Mayor Protempore Rowlison led the Pledge of Allegiance to the Flag. Brian Smith, St. Mary's Catholic Church, gave the invocation. The Interim City Clerk noted that the Agenda had been posted on May 15,. 1997 at 9:15 a.m. Present: Councilmembers K. A. Mike Gilroy, Charles S. Morales, Connie Rogers, Thomas W. Springer, Pete Valdez, Jr. and Suellen C. Rowlison; 7:02 p.m. Mayor Pro tempore Rowlison introduced new employees Marcia Queen, Accountant I and Judith Mireles- Janisch, Recreation Coordinator TherapeuticsN outh- Teens. Mayor Protempore Rowlison introduced Fire Captain David Bozzo, Gilroy Fire Department and Detective Larry St. Denis, Santa Clara County Sheriffs Department, Gilroy Exchange Club Blue and Gold Award Recipients, and noted Officer Ron Latham, Gilroy Police Department; Officer Steve Morrow, Gilroy Police Department; Firefighter Cliff Colyer, Gilroy Fire Department; and Officer Eric Karla, California Highway Patrol not present for introduction. Mayor Protempore Rowlison presented David Chantler, Senior Building Inspector, Community Development Department, with the Employee of the Month Award for April, 1997. '!if Consent Calendar Budget Gen.Plan. Reps. Minutes Minutes Minutes Cancelled Meetings ADA Improve. Tracts Completion Bid- Traf. Consult. CDBG 697~) Mayor Pro tempore Rowlison noted the following Proclamations issued by the Council: Elks National Youth Week, May 4-10, 1997; Dave & Michele Vincent, Cal Color Growers; and Asian Americans for Community Involvement. Motion was made by Councilman Valdez, seconded by Councilman Morales, and carried that the following items under the Consent Calendar be approved removing Item H. re: Recommendation to Accept Completion of various tracts by the following Roll Call Vote: Ayes: Councilmembers K. A. Mike Gilroy, Charles S. Morales, Connie Rogers, Thomas W. Springer, Pete Valdez, Jr. and Suellen Rowlison: Approved Budget Amendments/Transfers as recommended; Approved the General Plan Update Central Committee Representatives. Approved the minutes of the Regular Council Meeting of March 24, 1997. Approved the minutes of the Regular Council Meeting of April 7, 1997. Approved the minutes of the Special Council Meeting of April 15, 1997. Cancelled the City Council meetings for August 18 and 25, 1997 and December 22, 1997. Accepted completion of Senior Center ADA Improvements, Project #96- CDD-446. Councilman Valdez noted for the citizens that Council just cancelled three Council meetings. Councilwoman Rogers questioned on item #H whether staff is completely satisfied with the infrastructure and street improvements. Community Development Director Allen stated that all items have been completed. Motion was made by Councilwoman Rogers, seconded by Councilman Valdez, and carried to accept completion of 1) Hillcrest TV, Tract 8708; 2) Hillcrest IV A, Tract 8769; Carriage Hills, Unit 1, Tract 8711; Arcadia, Tracts 8563, 8850 & 8851; and Park Commons, Tracts 8691,8760 & 8808. City Administrator Baksa presented recommendations to award the bid of Higgins Associates in the amount of$42,410.00 for the Citywide Traffic Monitoring Program Consultant Selection (RFP/CDD/227). Motion was made by Councilwoman Rogers, seconded by Councilman Morales and carried that the bid for the Citywide Traffic Monitoring Program Consultant Selection (RFP/CDD/227) be awarded to Higgins Associates in the amount of$42,410.00. City Attorney Callon requested that Higgins Associates disclose all projects that they have with the City of Gilroy in the contract. Mayor Protempore Rowlison stated that it was the time and place scheduled for a Public Hearing on the Draft Annual Action Plan of Gilroy's Adopted Consolidated Plan for the Activities the City of Gilroy Plans to Fund Under the 1997-98 Community Development Block Grant (CDBG) Program. Motion was made by Councilwoman Rogers, seconded by Councilman Valdez and carried that the Public Hearing be continued to May 27, 1997. Res. 97-27 Motion was made by Councilman Springer, seconded by Councilman Gilroy and carried that the reading of Resolution No. 97-27 be waived and that it be adopted approving modification to Tentative Map TM 96-08 Condition No. 11, t. APN 790-07-007, Tom Carr. ~, .. ;j'.. ~':~j .1;'.._ 6 9 c' ') ~. 0 \ RESOLUTION NO. 97-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING MODIFICATION TO TENTATIVE MAP 96-08 CONDITION NO. 11, APN 790-07-007 PASSED AND ADOPTED this 19th day of May, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, SPRINGER, VALDEZ, and ROWLISON NOES: COUNCILMEMBERS: ROGERS ABSENT: COUNCILMEMBERS: None RDO The Staff Report was noted and further explained by Planner III Faus Issues regarding Residential Development Ordinance (RDO) Issues and Concerns Raised by the Planning Commission. RD 96-03 AlS 97-5 Thomas Rd. Sports Complex Res. 97-28 City Administrator Baksa stated if Council wants to consider changes, they should refer the issue back to the Planning Commission for them to review, or have a joint study session with the Planning Commission. Council discussed the need for a joint study session. - Motion was made by Councilwoman Rogers, seconded by Councilman Valdez and carried to set a joint Study Session with the Planning Commission when convenient to discuss the matter of infIll and the impact on the Gilroy Unified School District. Councilwoman Rogers requested staff give the Council three alternative ways to defme infIll for a basis of discussion, but City Administrator Baksa stated that he would rather facilitate a brainstorming session. The Staff Report was noted and further explained by Planner III Faus regarding a request to adjust the approved project buildout schedule for RD 96-03, Pan Tempo, Greg Mussallem. Council discussed the request, noting that the timing is already flexible enough. Motion was made by Councilman Gilroy, seconded by Councilman Valdez and carried to deny the request. The Staff Report was noted and further explained by Planner II Stice for Architectural & Site review to allow a remodel/expansion of a historic site/residence located at 665 Fifth Street, on property zoned R1-HN/HS (Single Family Residential-Historic Neighborhood/Historic Site), Brian and Carla Adams. Motion was made by Councilman Springer, seconded by Councilwoman Rogers and carried to direct staff to prepare a resolution approving the request. The Staff Report was noted and further explained by City Administrator Baksa regarding adoption of a resolution of the City Council of the City of Gilroy authorizing the execution of purchase agreements for the acquisition of real property (portions of APN 808-21-011,808-21-012 and 808-21-020). Motion was made by Councilman Valdez, seconded by Councilman Morales and carried that the reading of Resolution No. 97-28 be waived and that it be adopted approving the agreements. RESOLUTION NO. 97-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE EXECUTION OF PURCHASE AGREEMENTS FOR THE ACQUISITION OF REAL PROPERTY (PORTIONS OF APN 808-21-011, 808-21-012 and 808-21-020). PASSED AND ADOPTED this 19th day of May, 1997, by the following vote: Affordable Housing 698f AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, SPRINGER, VALDEZ, and ROWLISON COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: The Staff Report was noted and further explained by City Administrator Baksa regarding revisions to the Affordable Housing Exemption Procedure for Private Developments Policy, noting that nine changes are recommended now. Councilman Valdez left the chambers at 8:26 p.m., and returned at 8:28 p.m. Councilmembers Springer and Gilroy emphasized that Council needs to have a study session on this very soon. Council discussed the wording for several sections, and questioned whether this is a time sensitive issue. Bill Spann, CBM Group, Auburn, California, stated that there is a time sensitive issue regarding the limited time constraints regarding fmancing. He noted that given time, he can work out the issues that Council may have. He requested that if there are time delays, perhaps they can be tied to occupancy permits rather than building permits. Councilman Morales left the chambers at 8:40 p.m., and returned at 8:42 p.m. Mayor Protempore Rowlison called for a break at 8:50 p.m., and recalled the meeting to order at 8:56 p.m. Planner II Durkin reviewed each of the nine changes, and Council took the following actions: Consensus on Change # 1. Consensus on Change #2. Consensus on Change #3. Consensus on Change #4 (Councilmembers Gilroy and Springer not in agreement). Consensus on Change #5, adding the second sentence to the end of Change #1 with a time frame limitation of five years. Consensus on Change #6, leaving the word "Contract" rather than changing the word to "Agreement." Consensus on Change #7. Consensus on Change #8. Consensus on Change #9. Motion was made by Councilman Valdez, seconded by Councilman Morales and carried (Councilmembers Gilroy and Springer voting no) that the recom- mended Affordable Housing Exemption Procedure for Private Developments Policy amendments be approved. Mayor Protempore Rowlison asked if there was anyone in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. The following informational items were noted with no separate discussion on same: General Plan: Gilroy General Plan Selection Committee Agenda of May 14, 1997, Draft Application for Gilroy General Plan Update Committee, and General Plan Update Central Committee Representation; Customer Service: Appreciation for Assistance by the Community Development rJepartment for Acquisition of Aerial Maps for the Swiftwater Rescue Tean1; 6982 Plan. Com. 4-3-97 Plan. Com 5-1-97 Letter of Thanks from Bill Howden and Family for the Recent Maintenance Work in the Uvas Creek Preserve; Letter of Appreciation for Information Received from the Gilroy Police Department Crime Analysis Unit; Memo in Appreciation for Assistance from the Administrative Services Facilities Staff; League of California Cities Legislative Bulletin #16-1997, dated May 2, 1997; League of California Cities Legislative Bulletin # 17 -1997, dated May 9, 1997; Memorandum from the League of California Cities Re: Governor's Proposal to Return $100 Million to Cities, Counties, and Special Districts; Letter from Municipal Resource Consultants Re: Sales Tax Audit Progress Report; Gilroy Visitors Bureau: Minutes of April, 1997; Financial Statements for March, 1997; Director of Tourism Position Description; Gilroy Dispatch Article; External Sub-Committee Meeting Minutes of April 3, 1997; Internal Sub-Committee Meeting Minutes of March 23, 1997; Information from Tri- Peak Communications Re: CallslFaxes; 1997 Current VBAC Members and Status; and Customer Service Note Re: South County Antiques Guide; Office of Juvenile Justice and Delinquency Prevention Fact Sheet #40 March, 1997; California Department of Justice Information on Community Oriented Policing & Problem Solving; National League of Cities, The 1994 Futures Report, Rethinking Public Safety; Letter from Herman Garcia re: Plans for the Restoration and Re-Opening of Garcia's Club & Restaurant; Article Regarding Water Resources Management, Utilities Making Stormwater Management Viable; Breakdown of Alcoholic Beverage License Types Within the City of Gilroy; South County Regional Wastewater Authority Ongoing Engineering Activities. Economic Development Advisory Committee First Year Progress Report; and State of California Department of Finance Annual Percent Change in Population Minus Exclusions and Total Population January 1, 1997. The minutes ofthe Planning Commission meeting of April 3, 1997 were noted. The report of the Planning Commission meeting of May 1, 1997 was noted. City Administrator Baksa distributed the Phase I Recycled Water Plan to the non-SCRW A members. City Administrator Baksa noted that Monday, June 9, 1997 is City Legislative Day, and Councilmembers should call the Interim City Clerk if they want to go. Councilwoman Rogers stated that she would like to attend. City Administrator Baksa stated that the appeal hearing for Club Nemesis will be June 16,1997 from 6:00 p.m. to 7:00 p.m., noting that it is not an evidentiary hearing. Adjrnmt. Closed Session 698] City Administrator Baksa distributed notes and minutes from the Council Retreat and the retreat with the Police Department. City Administrator Baksa reminded Councilmembers of the City/School Liaison meeting on Wednesday at 5 :30 p.m. City Administrator Baksa reminded Council of the Closed Session to follow the meeting tonight. City Attorney Callon noted that oral argument was held last Thursday on the CRLA lawsuit with Gaeta vs. City of Gilroy on the Housing Element lawsuit appeal by CRLA. She explained that she expects an opinion in the next four weeks. She also noted that Deborah Africa came to the City Council retreat regarding PeaceBuilders, and City Attorney Callon distributed a draft license agreement between the City of Gilroy and PeaceBuilders, noting that it will be up to the Council to determine if they wish this to be agendized for action. Mayor Protempore Rowlison stated that a majority of Councilmembers selected Chris Ordaz to fill the term of Personnel Commission member. Motion was made by Councilman Valdez, seconded by Councilman Morales and carried to appoint Chris Ordaz as a member of the Personnel Commission. Mayor Protempore Rowlison stated that she attended a Joint Venture meeting regarding Economic Development. She noted a Silicon Valley brochure for Councilmembers to borrow. She stated that tomorrow is the Youth Job Faire at Gilroy High School, with over 40 exhibitors scheduled to be present. She commented that she worked on the creek cleanup and noted that she received a bag and a cup for her efforts. Councilman Valdez stated the Tri-County Joint Powers Agreement Task Force Transportation Authorities formed the ftrst Board of Directors of the Altamont Commuter Express. He noted that the Altamont Commuter Express will hopefully start in early 1998. He also stated that today at the Valley Transportation Authority it was noted that Gilroy is still in contention for the maintenance station. Councilwoman Rogers noted vacancies on several Santa Clara Valley Transportation Authority Advisory Committees. She also noted a request for Council support of AB 488 regarding eliminating the manufacture and sale of junk guns. Councilman Springer provided Council with an updated copy off of the Internet. City Administrator Baksa stated that he will agendize this item for discussion for next week, and distribute any updates on the bill. Councilman Gilroy noted a Memorial Day ceremony, with the place to be announced. Mayor Protempore Rowlison noted the following meeting: Retirement Party for Susanne Steinmetz, Saturday, June 28, 1997,6:00 p.m., Gilroy Veteran's Building, 74 W. Sixth Street, Gilroy, California. At 10:40 p.m., Mayor Protempore Rowlison adjourned the meeting to a Closed Session Pursuant to Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR. Property: Santa Clara County Assessor's Parcel Numbers 841-10-010 & 841-10-028 Negotiating Parties: Randy Barbaglia, Zubow Realty I-l''!, Matter Under Negotiation: Direction from Council regarding possible purchase price ofland and terms of payment to be discussed. 6984 Mayor Protempore Rowlison reconvened the meeting and announced that Council had just held a Closed Session regarding Conference with Real Property Negotiator, pursuant to Gov't. Code Section 54956.8, and that no action had been taken and further adjourned the meeting to Tuesday, May 27, 1997 (May 26, 1997 Legal Holiday). Respectfully submitted, c~dL+-, Rhonda Pellin, Interim City Clerk