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Minutes 2001/09/17 I I .,j Invocation Posting Agenda Roll Call Regular Meeting September 17, 2001 Gilroy, California The Mayor announced that members of the Gilroy High School Choir would lead the audience in the singing of God Bless America, and asked that the audience remain standing after the song for one minute of silence in remembrance of the events of the last week. The Mayor led the Pledge of Allegiance to the Flag. Pastor Mike Milwee, First Baptist Church, gave the Invocation. Councilman Morales noted that we mourn for the lives lost last week. He asked the citizens of Gilroy to understand our trauma and not to misplace any anger to the citizens of diversity, because we are one community under God. The Mayor read an "Open Letter to the Terrorists". The City Clerk noted that the agenda had been posted on September 12, 2001 at 10:50 a.m. Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S. Morales, Al Pinheiro, Roland Velasco, Anthony C. Sudol III, and Thomas W. Springer - 7:05 p.m. New Employee The Mayor introduced new employee Rex E. Wyatt, Sr., Chief Building Official, Community Development Department. John Holson Constitution Week The Mayor presented a certificate to retired Building Board of Appeals member John Holson. The Mayor presented a proclamation for Constitution Week - September 17- 23, 2001 to Kathleen McNutt. Councilman Pinheiro noted that the Constitution and another 27 or more documents are hanging in the foyer put up by the Exchange Club. He asked everyone to take the time to read the documents, which are copies of the originals. IRCC, Inc. and The Mayor noted a proclamation commending the contributions of IRCC, Inc. Loc Vu and Loc Vu which will be presented to the recipient on October 19,2001. .., ,.--' ~-, 7/.:) i The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda, Clay Bentson, Captain, Gilroy Fire Department, distributed information on the Fallen FDNY Firefighters Fund and read a statement from the Gilroy Firefighters. He publicly thanked Councilmember G. Arellano for her table setup on Saturday night at the Taste of Gilroy in remembrance of the fallen firefighters. Amos Brown spoke on the dirty politics already occurring regarding the election. He noted that he has documentation on the City cars, noting that the cars are not accurately documented. He noted City expenditures. He asked for support for fellow Americans. The City Administrator noted an amendment to Item III.J. on the Consent Calendar regarding the numbers for safety personnel. Consent Calendar Motion was made by Councilman Morales, seconded by Councilmember G. Arellano and carried that the following items under the Consent Calendar be approved, with the amendment to Item III.J. Resolution Implementing IRC 414(h)(2) for all Exempt Non-Safety Employees, by the following Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S. Morales, Al Pinheiro, Anthony C. Sudol, Roland Velasco, and Thomas W. Springer: Minutes Minutes of the Regular Council Meeting of September 4, 2001; Claims Denied claims of Refugio Ruiz, Paul Roa, and Benito Zamaripa; Res.2001-59 Adopted Resolution No. 2001-59 to approve amended and restated Joint Powers Agreement for Library Services. RESOLUTION NO. 2001-59 RESOLUTION OF THE CITY OF GILROY TO APPROVE AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR LillRARY SERVICES. PASSED AND ADOPTED this 17th day of September, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Parcel Map Tract 8853 Approved Parcel Map, Lot C of Tract 8853, Carriage Hills Unit 2; Parcel Map GUSD Approved Parcel Map - Lands of the Gilroy Unified School District, Lots 14, 15, 16, and portion of Lot 11, "Map ofJas. A. Clayton & Co.'s Subdivision of Las Animas Ranch Lot 31 and a part of Las Animas Ranch Lot 30; Prop.Impr.Agr. Property Improvement Agreement No. 2001-52 and Improvement Plans, 2001-52 Murray Avenue, APN 835-02-017, Augustine Melia; MOU-POA Memorandum of Understanding between the City of Gilroy and the Gilroy Police Officers Association, Inc., Police Unit, July 1,2001 - June 30, 2006; Res.2001-60 Adopted Resolution No. 2001-60 establishing the salary schedules for the Gilroy Police Officers Association employees for the time period July 1,2001 through June 30, 2006; 7_., " "') ......., /' ,., / I,.} ..' RESOLUTION NO. 2001-60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING THE SALARY SCHEDULES FOR THE GILROY POLICE OFFICERS ASSOCIATION EMPLOYEES FOR THE TIME PERIOD JULY 1, 2001 THROUGH JUNE 30, 2006. PASSED AND ADOPTED this 17th day of September, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2001-61 Adopted Resolution No. 2001-61 establishing the July 1,2001 and January 1, 2002 salary schedules for exempt personnel; RESOLUTION NO. 2001-61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING THE JULY 1,2001 AND JANUARY 1,2002 SALARY SCHEDULES FOR EXEMPT PERSONNEL. PASSED AND ADOPTED this 17th day of September, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2001-62 Adopted Resolution No. 2001-62 implementing Internal Revenue Code 41 ~(h)(2) for all exempt non-safety employees, as amended. RESOLUTION NO. 2001-62 RESOLUTION FOR IMPLEMENTATION OF INTERNAL REVENUE CODE 414(H)(2) FOR ALL EXEMPT NON-SAFETY EMPLOYEES. PASSED AND ADOPTED this 17th day of September, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE M 01-06 The Mayor noted a Resolution of the City Council of the City of Gilroy setting the criteria and guidelines for the Affordable Housing Exemption provided in the City of Gilroy Zoning Ordinance. The staff report was noted and further explained by Planner II Durkin. Res.200 1-63 Motion was made by Councilman Sudol, seconded by Councilman Morales and carried to adopt Resolution No. 2001-63 setting the criteria and guidelines for the Affordable Housing Exemption provided in the City of Gilroy Zoning Ordinance. RESOLUTION NO. 2001-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING THE CRITERIA AND GUIDELINES FOR THE AFFORDABLE HOUSING EXEMPTION PROVIDED IN THE CITY OF GILROY ZONING ORDINANCE. PASSED AND ADOPTED this 17th day of September, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE - - _I 7' ., j 'I.. . I t_J...' Charter Com. The Mayor noted a request by Charter Communications for waiver of the undergrounding requirements as per Section 24.25(i)(9)a. of the Gilroy Municipal Code. The Mayor and the City Administrator noted that Charter has requested a continuance to October 1, 2001, due to transportation issues. The staff report was reviewed by Community Development Director Allen. Motion was made by Councilmember G. Arellano, seconded by Councilman Pinheiro and carried to continue the request to October 15, 2001. NS 01-02 Alamo Group The Mayor noted a PUD Architectural and Site review to develop a 13,000 square foot commercial building within the existing Alamo Plaza shopping center, located at 8777 San Ysidro Avenue on 8.5 acres in a C3/MI-PUD (Shopping Center CommerciallLimited Industrial-Planned Unit Development) zone. Alamo Group, applicant, NS 01-02. The staff report was noted and further explained by Planner II Durkin noting a change to condition # 17 and adding a condition # 19 by the Planning Commission. Councilmember G. Arellano requested to add Condition #20 that the entrance and exits are clearly marked. Mark Sweeney addressed the signage concerns noting that they will not be asking for additional signage variances. He noted improvements to the parking lot and entrance signage. Bill Wood clarified some signage and landscaping issues. He noted articulated areas on the west wall, facing the freeway. Harold Hayes, Fresh Choice, noted that they are excited to become part of the community. Bill Lindsteadt, Economic Development Corporation, noted that he has been working several months to try to get this restaurant to Gilroy. He stated that he is very happy to get this flagship restaurant in Gilroy. Motion was made by Councilman Pinheiro, seconded by Councilman Sudol and carried to certify the Final Environmental Impact Report as completed in compliance with CEQA and that it reflects the independent judgment of the City. Motion was made by Councilman Pinheiro, seconded by Councilman Sudol and carried to direct staff to prepare a resolution approving NS 01-02. M 01-07 Design Policy The Mayor noted review ofa proposed draft of the Multi-Family Residential Design Policy. City of Gilroy, applicant, M 01-07. The staff report was noted and further explained by Planner I Polubinsky. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving the Multi-Family Residential Design Policy. Councilman Velasco thanked staff for their presentation, staff report, and email addresses that have been placed on the staff report. At 8:45 p.m. the Mayor called for a recess, after which he recalled the meeting to order. Library Exp. The Mayor noted necessary actions subsequent to the library expansion study session held on Tuesday, September 4,2001. 7 -/" (. /1 , U"; MA 01-01 Matuszak MA 01-02 Dorn The City Administrator gave an update on the Library Expansion process and noted a letter received today from the Home Builders Association requesting to be a part of the outreach. Motion was made by Councilman P. Arellano, seconded by Councilman Morales and carried to direct staff to proceed with the necessary steps to initiate a Library Impact Fee. Motion was made by Councilman Sudol, seconded by Councilman P. Arellano and carried to approve recommended Library Design Expansion Alternate #5. Motion was made by Councilman Morales, seconded by Councilman P. Arellano and carried to direct staff to prepare a budget amendment for approximately $736,000 necessary to fund Phase II Library Design and Grant Application services for selected Design Alternate #5. The Mayor noted a request to allow property located at 555 Fifth Street to enter into a Mills Act property tax relief contract with the City of Gilroy, David and Linda Matuszak, applicants, MA 01-01. The staff report was noted and further explained by Planner II Durkin. Connie Rogers, Gilroy Historical Society President, noted a workshop held in March, 2001 on the Mills Act. She noted that this is a small investment that will reap big benefits in the future, She noted that this is a tool that could help the downtown. She asked that these applications be approved. Motion was made by Councilmember G. Arellano, seconded by Councilman Sudol and carried to approve entering into a Mills Act property tax relief contract with the City of Gilroy, David and Linda Matuszak, applicants, MA 01-01, subject to two conditions. The Mayor noted a request to allow property located at 7544 Princevalle Street to enter into a Mills Act property tax relief contract with the City of Gilroy, Michael and Doris Dorn, applicants, MA 01-02. The staff report was noted and further explained by Planner II Durkin. Motion was made by Councilman Sudol, seconded by Councilmember G. Arellano and carried to approve entering into a Mills Act property tax relief contract with the City of Gilroy, Michael and Doris Dorn, applicants, MA 01-02, subject to two conditions. Caltrain P AB The Mayor noted a request by the Santa Clara Valley Transportation Authority to re-designate an appointee to the Caltrain Policy Advisory Board (PAB). Motion was made by Councilman Sudol, seconded by Councilmember G. Arellano and carried to re-designate Mayor Springer to the PAB. Mayor Springer noted Item IX.B.1.a. on SB910 and SB262 stating the need to lobby our legislators. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Priority Focus #33-2001 dated August 24,2001; League of California Cities Priority Focus #34-2001 dated August 31, 2001; League of California Cities Priority Focus #35-2001 dated September 7,2001; and Plan. Com. 9-6-01 SCRWA 8-28-01 7'~' ' , , ' . '! 1 I '.)" Letter of support of AB 1150 which would give the State and local governments the authority to negotiate the terms under which telecommunications companies use public rights-of-way, including the payment of reasonable compensation. Customer Service: Letter of thanks from Father Dan Derry, St. Mary Parish, to Jay Baksa for participating in a recent St. Mary Leadership Day; Letter of thanks from Vicki Brinkman, Development Director, St. Mary School, to Jay Baksa for sharing information about Gilroy and its future at the St. Mary School Leadership Day; Letter of thanks to Jay Baksa on behalf of all the members of the Cities Association Board of Directors for representing the cities in negotiations for Emergency Medical Services with the County of Santa Clara and AMR; and Note of thanks from Art Gillespie to Jay Baksa for the kind words and MCing his retirement party. Informational items: Information from the Advisory Council of the Council on Aging; Gilroy Economic Development Corporation minutes of August 10, 2001; and Gilroy Visitors Bureau, Inc. minutes of August 14,2001. The report of the Planning Commission meeting of September 6, 2001 was noted. The minutes of the South County Regional Wastewater Authority meeting of August 28, 2001 were noted. Personnel Com. The minutes of the Personnel Commission meeting of August 13, 2001 were 8-13-01 noted. The City Administrator gave an update on the Council retreat dates, and Council preferred to have the retreat on January 18/19,2002. He noted a possible meeting with the Gilroy Unified School District Board on November 14,2001. Council agreed to a study session on the Hecker Pass Specific Plan for Thursday, November 15,2001 at 7:00 p.m. The City Administrator noted on Friday, November 16, 2001 from 9:00 a.m. to noon the Police Department Mini-Retreat has been scheduled. He stated that on Monday, October 29,2001 at 7:00 p.m. there will be a briefing of the Cultural Facility Task Force. He commented on agenda items for this Friday's mini-retreat and distributed the Administrative Department Director's report on delinquency liens. The Mayor noted an application for a two day Redevelopment Workshop. He commented on the outstanding event in downtown on Saturday. Councilman Morales noted on-going discussions regarding land use and the division it has provided. He commented on the need for compromise. Councilman Pinheiro dittoed the Mayor's comments. Councilmember G. Arellano also dittoed the comments regarding Saturday's event. She questioned whether the City could post on Channel 17 information on weatherizing your home and resources that are available. She questioned whether the information on the firefighters could be placed on Channel 17, and was told that it is already on. 7 1 ;~) t') Motion was made by Councilmember G. Arellano, seconded by Councilman Morales and carried to disseminate information on weatherizing your home and resources that are available. The Mayor noted that the leftover food from Saturday went to the Fire Department, the Police Department, and Communications. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 SEPTEMBER 2001 17*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 21 Council Mini-Retreat re: Various Issues - 12:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California 24*Study Session - RDA - 7:00 p.m., Gilroy City Council Chambers 25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 26 Ouarterly Workshop with the Gilroy Unified School Board -7:00 p.m., GUSD Board Room, 7810 Arroyo Circle, Gilroy OCTOBER 2001 1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 9 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 15 Study Session - Economic Incentives - 6:00 p.m., Gilroy City Council Chambers 15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 23 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy NOVEMBER 2001 5 Study Session-2002 CDBG Prioritization Process - 6:00 p.m., City Council Chambers 5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 13 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy 19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 26*City CouncillPlanning Commission Joint Special Meeting - General Plan and EIR - 6:00 p.m., Gilroy City Council Chambers 27 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy DECEMBER 2001 3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 11 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 10 Interviews for Boards/Commissions - 7:00 p.m., Gilroy City Council Chambers 17*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy - CANCELLED Adjournment At 9:50 p.m. the Mayor adjourned the meeting. \~~~ /s/ RHONDA PELLIN City Clerk