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Minutes 2002/06/17 i L Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried that the following items under the Consent Calendar be approved, removing Item D. Request for a time extension for RD 92-29 and removing Item E. Request for a time extension for TM 99-13, by the following Roll Call Vote: Ayes: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer: Consent Calendar The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. There was no comment from anyone in the audience. Vol. Award The Mayor presented the Volunteers of the Month of June, 2002 to The Memorial Day Committee - Ed Bozzo, Wayne Cegelski, Bob Dillon, Craig Gartman, Mark Jacobsen, Lisabeth Malinao, Dave Marrazzo, Moe McHenry, Mike Terasaki, and Russ Valiquette. Emp.Award The Mayor presented the Employee Award for the Month of June, 2002 to Jacqui Carrasco, Public Information Technician, Community Services Department. New Employee The Mayor introduced new employee Hugo Del Moral, Police Officer, Police Department. Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer - 7:00 p.m. Roll Call The City Clerk noted that the agenda had been posted on June 12,2002 at 1:35 p.m. Posting Agenda Father Dan Derry, St. Mary's Catholic Church, gave the Invocation. Invocation The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting June 17, 2002 Gilroy, California 7925 7926 Minutes Budget Claims Minutes of the Special Council Meeting of May 28,2002 and the Regular Council Meeting of June 3, 2002; Budget Amendments/Transfers as recommended; Denied claims of Arthur Diaz/Farmers Insurance, Juanita Vargas, and Marylou Zamaripa; and Prop.Impr.Agr. Property Improvement Agreement No. 2002-22 and Tract Map 9401, No.2002-22 Highway 152, APNs 841-18-043,841-18-044 and 841-10-049, Newman Tract 9401 Development Group of Gilroy, LLC. RD 92-29 TM 99-13 The Mayor noted a time extension to 2003, for 33 residential units allocated for 2001 for the Country Estates development, Gill Properties, applicant, RD 92- 29; Motion was made by Councilman Morales, seconded by Councilman Pinheiro and carried to approve a time extension to 2003, for 33 residential units allocated for 2001 for the Country Estates development, Gill Properties, applicant, RD 92- 29. The Mayor noted a time extension to March 4,2003 for TM 99-13, Gill Properties, applicant. Motion was made by Councilman Morales, seconded by Councilman Pinheiro and carried to approve a time extension to March 4,2003 for TM 99-13, Gill Properties, applicant. Bid-Plans Exam. The City Administrator presented a recommendation to award the bid for the & Field Insp. Plans Examining and Field Inspection Services to Linhart Petersen Powers . Services Associates as the primary consultant and Carl Mileff and Associates as secondary consultant in the amount of$70.00 per hour and $65.00 per hour respectively. Pub.Hearing Z 02-02 Pub. Hearing Maint.Dist. # 1 Deputy Community Development Director Greenhut explained why Linhart Petersen Powers Associates was chosen over Carl Mileff and Associates. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to award the bid for the Plans Examining and Field Inspection Services to Linhart Petersen Powers Associates as the primary consultant and Carl Mileff and Associates as secondary consultant in the amount of$70.00 per hour and $65.00 per hour respectively. The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Zoning Ordinance text amendment to Section 50.60 to add an RDO exemption for transitional housing units. City of Gilroy, applicant, Z 02-02. The staff report was noted and further explained by Planner II Durkin. The Mayor opened the Public Hearing. There being no comment from the audience, the Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to direct staff to prepare an ordinance approving Z 02-02, as modified. The Mayor stated it was the time and place scheduled for a Public Hearing to Levy Annual Assessments for Maintenance District No. 1 (Tract No. 8136 and 920 I-Gilroy rQuntry Club Estates; Tract No. 8631-The Forest; Tract No. 8711, 8853 ami ~~54..~arriage Hills, and Tract No. 8962, 8963, 8964, 8965, 9087, 9155, 9156, 91;7, 9286, 9287 and 9312-Eagle Ridge), Fiscal Year 2001/2002. The staff report was noted and further explained by the City Administrator. The Mayor opened the Public Hearing. 7927 Charles Goodley, stated that he loves this community, and noted that he is being charged $240.00 for services currently, and is under the impression that this will be doubled. He expressed safety concerns within his community. He noted his protest of this assessment. The Mayor closed the Public Hearing. The City Clerk noted for the record that there were a total of three protest letters received. Res.2002-43 Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to adopt Resolution No. 2002-43 regarding Maintenance District No. 1, giving final approval to the Annual Budget and Annual Engineer's Report, overruling protests, and ordering the levy and collection of benefit assessments for the Fiscal Year 2002/2003. RESOLUTION NO. 2002-43 A Resolution of the City Council of the City of Gilroy Regarding Maintenance District No.1, giving final approval to the Annual Budget and Annual Engineer's Report, overruling protests, and ordering the levy and collection of benefit assessments for the Fiscal Year 2002/2003. PASSED AND ADOPTED this 17th day of June, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Pub.Hearing Water Rates The Mayor stated it was the time and place scheduled for a Public Hearing to consider revision and adjustment of rates and charges for municipal water service. The staff report was noted and further explained by the City Administrator. The Mayor opened the Public Hearing. There being no comment from the audience, the Mayor closed the Public Hearing. Res.2002-44 Motion was made by Councilman Pinheiro, seconded by Councilman Gartman and carried to adopt Resolution No. 2002-44 establishing rates for water service. RESOLUTION NO. 2002-44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES FOR WATER SERVICE. PASSED AND ADOPTED this 17th day of June, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Pub. Hearing Fin. Plan The Mayor stated it was the time and place scheduled for a Public Hearing on 2002-2007 Financial Plan of the City of Gilroy. The staff report was noted and further explained by the City Administrator. The Mayor opened the Public Hearing. There being no comment from the audience, the Mayor closed the Public Hearing. Res.2002-45 Motion was made by Councilman Morales, seconded by Councilman Arellano and carried to adopt Resolution No. 2002-45 adopting the budget for said City for Fiscal year 2002-2003 and appropriating proposed expenditures for purposes set forth in budget. 7928 RESOLUTION NO. 2002-45 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE BUDGET FOR SAID CITY FOR FISCAL YEAR 2002-2003 AND APPROPRIATING PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET. PASSED AND ADOPTED this 17th day of June, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2002-46 Motion was made by Councilman Dillon, seconded by Councilman Gartman and carried to adopt Resolution No. 2002-46 adopting the Appropriation Limit for 2002-2003 Fiscal Year. RESOLUTION NO. 2002-46 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE APPROPRIATION LIMIT FOR 2002-2003 FISCAL YEAR. PASSED AND ADOPTED this 17th day of June, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE SCRWA Fin.Plan Motion was made by Councilman Dillon, seconded by Councilman Gartman and carried to approve the 2002-2007 South County Regional Wastewater Authority (SCRWA) Financial Plan in the amount of $23,296, 143 for 2002-2003. Capital Impr. Budget Motion was made by Councilman Gartman, seconded by Councilman Arellano and carried to approve the 2002 Capital Improvement Budget. Full Spectrum The Mayor noted a memorandum from the Director of Community Machining Development denying an Economic Incentive request for Full Spectrum Machining. Craig Filice reviewed a change in the economic incentive request to a $10,000 incentive for five additional jobs. Mr. Nelson, Full Spectrum Machining, answered questioned posed by the Councilmembers. Bill Lindsteadt stated that the compromise waters down the project. He reviewed the project, including the building that Full Spectrum is vacating which is being taken over by another company. Councilman Arellano stated that he reviewed the meeting of June 3,2002 and will vote on issues from that meeting. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilmembers Arellano and Velasco voting no) to offer an Economic Incentive to Full Spectrum Machining, as modified for $10,000 for five jobs. Z 01-09 The Mayor noted an Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from Rl (Single Family Residential) to PF (Public Facility) and to overlay the Civic Center Complex in a Planned Unit Development (PUD), APNs 799-17-043, 799-17-044, 799-17-045, 799-17-066, 799-17-069, 799-17-070, 799-08-054, and 799-08-058. City of Gilroy, applicant, Z 01-09. 7929 Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to read the Ordinance by title only and waive further reading of the Ordinance. The City Clerk read the Ordinance by title only. Motion was made by Councilman Gartman, seconded by Councilman Dillon and carried to introduce the Ordinance approving Z 01-09. Res.2002-47 Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to adopt Resolution No. 2002-47 approving AlS 02-10, an application for Architectural and Site approval of a Planned Unit Development (PUD) on approximately 148,663 square feet, APN 841-28-043. Costco Wholesale Corporation, applicant. RESOLUTION NO. 2002-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AlS 02-10, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 148,663 SQUARE FEET, APN 841-28-043. COSTCO WHOLESALE CORPORATION, APPLICANT. PASSED AND ADOPTED this 17th day of June, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE At 8:38 p.m. the Mayor called for a recess, after which he recalled the meeting to order. Regency Centers The Mayor noted a discussion on a request for an Economic Incentive by Regency Centers. The staff report was noted and further explained by Community Development Director Allen. Pete Knoedler, Regency Centers, thanked the Council for hearing their request tonight. He stated that Target, Bed Bath & Beyond, Michaels Arts & Crafts, and Barnes and Noble Booksellers have signed agreements to locate in this center. He stated that they are negotiating with several large retailers and restaurants including Olive Garden, Red Lobster, Chilies, Macaroni Grill, Outback Steakhouse, and Tahoe Joes. Bill Lindsteadt stated that this is a regional center. He explained that an economic incentive would be the catalyst for street and infrastructure improvements. He noted the road improvements planned by this center and stated that the City needs this center. (At 9:58 p.m. Councilman Dillon left the Council Chambers, and returned at 10:00 p.m.) George Akel, Newman Development Group, thanked stafffor all the help with their application. He stated that his development is trying to make a future and is making a huge commitment to Gilroy. He stated that he needs to protect his interests. He asked to be treated on the same level playing field. (At 10:20 p.m. Councilman Gartman left the Council Chambers, and returned at 10:22 p.m.) Motion was made by Mayor Springer, seconded by Councilman Gartman and carried (Councilmembers Arellano, Morales, and Velasco voting no) to direct staff to work with Regency on an Economic Incentive agreement for the requested amount for four years, that it be brought to the Council for finalization only at the time that the Council is prepared to see when 90% of the Center has signed leases with the names and values of these leases, further that Regency would then pay the 7930 City Seal Plan. Com. 6-6-02 cost of an Economic Analysis that the City would have performed to verify the amount of those leases, and at the same time, if Regency has an alternative that would move more towards a solid guarantee type of program, they are free to work with Staff to put that on the table. The Mayor noted a request by the Gilroy Assistance League to use the City Seal on a historical quilt. The staff report was noted and further explained by the City Administrator and the City Attorney. Motion was made by Councilman Pinheiro, seconded by Councilman Dillon and carried to enter into a license agreement with the Gilroy Assistance League. The Mayor noted a letter of resignation from the County Librarian. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Priority Focus #20-2002 dated May 17, 2002; League of California Cities Priority Focus #21-2002 dated May 24,2002; League of California Cities Priority Focus #22-2002 dated May 31,2002; and League of California Cities Priority Focus #23-2002 dated June 7,2002. Customer Service: Letter of thanks from Susan Fuller, Santa Clara County Librarian, to Jay Baksa for his support and enthusiasm for the library, and announcing her retirement; and Email of appreciation from Lisa Jensema to Todd Barreras for his assistance in a "street safety" class to a volunteer group. Informational items: Community Development Department - Planning Division monthly report of long-range applications and status ofRDO allocation & activity dated May 28, 2002. The report of the Planning Commission meeting of June 6, 2002 was noted. The City Administrator distributed the draft Comprehensive Fee Schedule. He distributed the Internal Services Survey for HR/Finance/IT/Fleet & Facilities. The Mayor read a letter from Charter Communications regarding an audit, and communications to citizens regarding billing for services being received but not being paid for. Councilman Velasco distributed two documents regarding the General Plan update actions from the June 13, 2002 meeting. After discussion, the Council agreed that there were three "typos" which should be corrected including section 4.5-B the wording "city limits" to be changed to "general plan area" and section 4.5-C change the wording "local", "collector" or "arterial", and... to "local", "collector", "arterial", or "expressway", and... and also further on that line change "expressway" to "County expressway". Adjournment 7931 Councilman Gartman asked that section 4.5-B be reviewed for consistency. He thanked the Police Department, the Fire Department, the CHP, and the Red Cross for their assistance at a function on Saturday for a kids identification event. He thanked the Mayor for the recognition for the Memorial Day parade. He requested for the next Council retreat agenda, a discussion item regarding the Economic Incentive Policy for expansion of existing Gilroy businesses. Councilman Arellano thanked Councilman Velasco for bringing up and clarifying the circulation mitigation. He requested an item for the next Council retreat for a discussion on what the incentives are supposed to do to bring businesses to Gilroy and thresholds and a discussion of causing unfair competition with other business. He stated that he also wants to discuss what type of businesses Gilroy wants to bring in. Councilman Morales echoed what Councilmember Arellano and Gartman brought forward, that the City needs to revisit our Economic Development Director and what businesses come to Gilroy. He stated that he attended the Juvenile Detention Reform Committee and noted that they are creating subcommittees and that he hopes that they will entertain what Gilroy's interests and problems are. He noted that he attended the Pajaro Valley Water Authority where they identified the flood behavior and alternatives. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 JUNE 2002 13*Special City Council Meeting (General Plan) - 6:30 p.m., Gilroy City Council Chambers 17*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 25 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED) JULY 2002 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*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 22 Workshop/Discussion ofRDO Applications - 6:00 p.m., Gilroy Senior Center Meeting Room 23 SCR W A Meeting - 7 :30 a.m., 1500 Southside Drive, Gilroy (CANCELLED) 23 SCRWA Meeting - 10:00 a.m., 1500 Southside Drive, Gilroy (IF NEEDED) 23 SCRWA Workshop - 11:00 a.m. to 2:00 p.m., 1500 Southside Drive, Gilroy AUGUST 2002 5*Regular City Council Meeting - 6:00 p.m., Gilroy City Council Chambers (NOTE TIME CHANGE) 13 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 19*Regular City Council Meeting - 7:00 p.m., City Council Chambers (CANCELLED) 27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy SEPTEMBER 2002 3*Regular City Council Meeting - 6:00 p.m., Gilroy City Council Chambers 6 City Council Mini-Retreat - 8:00 a.m. to 2:00 p.m., Willey Cultural Center, 140 Fifth Street, Gilroy 10 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 16*Regular City Council Meeting - 7:00 p.m., City Council Chambers 24 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy At 11 :06 p.m. the Mayor adjourned the meeting. Respectfully submitted, ) /' "\ / . / , --/, ///, ' / II~' - . / " , 'y' \ ...../c(/L.t?/< i v/...-L/L(j~ /s/ <.: RHONDA PELLIN, CMC City Clerk