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Minutes 2003/03/03 The Mayor noted a proclamation for Science Fair Week - March 9-15,2003, which was previously mailed to the recipient. Proc. -Science Fair Week New Employee New employee Phil King, Fire Division Chief, Fire Department was introduced. Under Orders of the Day the Mayor noted that John Holson passed away, a former City employee, and that this meeting will be adjourned in his honor. Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer - 7:06 p.m. The City Clerk noted that the agenda had been posted on February 26,2003 at 11:40 a. m. Pastor Jonathan Williams, Trinity Bible Church, gave the Invocation. The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting March 3,2003 Gilroy, California S035 Roll Call Posting Agenda ~ation 8036 Mario Bena The Mayor noted the Volunteer of the Month of January, 2003 award for Mario Bena, who was not present to accept his award due to a paramedic class test. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Phil Leekley noted an event May 17 & 18,2003 for Gilroy Children's Safety Weekend. Consent Calendar Motion was made by Councilman Morales, seconded by Councilman Dillon and carried that the following items under the Consent Calendar be approved, 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: Minutes Minutes of the Regular Council Meeting of February 18,2003; Budget Budget Amendments/Transfers as recommended; Res.2003-10 Adopted Resolution No. 2003-10 pledging support to the Coalition Against Bigger Trucks in its campaign to maintain current truck size and weight limits, and endorsing H.R. 3132; RESOLUTION NO. 2003-10 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY PLEDGING SUPPORT TO THE COALITION AGAINST BIGGER TRUCKS IN ITS CAMPAIGN TO MAINTAIN CURRENT TRUCK SIZE AND WEIGHT LIMITS, AND ENDORSING H.R. 3132. PASSED AND ADOPTED this 3rd day of March, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE TM 99-07 Extension ofTM 99-07 (Karen Christopher); Res.2003-11 Adopted Resolution No. 2003-11 declaring certain weeds growing in the City of Gilroy to be a public nuisance, describing weeds which constitute such nuisance and providing for giving notice of the adoption of the resolution by publication thereof; RESOLUTION NO. 2003-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS GROWING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DESCRIBING WEEDS WHICH CONSTITUTE SUCH NUISANCE AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF. PASSED AND ADOPTED this 3rd day of March, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2003-12 Adopted Resolution No. 2003-12 initiating proceedings for the annual levy of assessments for Maintenance District No.1, Fiscal Year 2003/2004; 8037 RESOLUTION NO. 2003-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR MAINTENANCE DISTRICT NO.1, FISCAL YEAR 2003/2004. PASSED AND ADOPTED this 3rd day of March, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2003-13 Adopted Resolution No. 2003-13 approving application SPE 02-05, an application for a Small Project Exemption from the Residential Development Ordinance, APN s 790-19-090 and 790-19-091; RESOLUTION NO. 2003-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION SPE 02-05, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APNS 790-19-090 AND 790-19-091. PASSED AND ADOPTED this 3rd day of March, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2003-14 Adopted Resolution No. 2003-14 ordering the vacation ofa certain strip of land designated as an Emergency Access Easement on Tract Map 9270 Kirk, as shown upon that certain map entitled "North Gilroy Tract" filed August 14, 2002, in Book "w" of Maps at Page 14, Records of Santa Clara County California; RESOLUTION NO. 2003-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE VACATION OF A CERTAIN STRIP OF LAND DESIGNATED AS AN EMERGENCY ACCESS EASEMENT ON TRACT MAP 9270 KIRK, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "NORTH GILROY TRACT" FILED AUGUST 14,2002, IN BOOK "w" OF MAPS AT PAGE 14, RECORDS OF SANTA CLARA COUNTY CALIFORNIA. PASSED AND ADOPTED this 3rd day of March, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2003-15 Adopted Resolution No. 2003-15 ordering the vacation ofa certain strip of land designated as an Emergency Access Easement lying between lots 6, 7 and 9 as shown on the map of "Tract 9292 Cotswold Court" filed April 4, 2001, in Book 738 of Maps, Page 23, Records of Santa Clara County California; RESOLUTION NO. 2003-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE VACATION OF A CERTAIN STRIP OF LAND DESIGNATED AS AN EMERGENCY ACCESS EASEMENT LYING BETWEEN LOTS 6, 7 AND 9 AS SHOWN ON THE MAP OF "TRACT 9292 COTSWOLD COURT" FILED APRIL 4,2001, IN BOOK 738 OF MAPS, PAGE 23, RECORDS OF SANTA CLARA COUNTY CALIFORNIA. PASSED AND ADOPTED this 3rd day of March, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER 8038 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2003-16 Adopted Resolution No. 2003-16 approving TM 02-08, a Tentative Map to subdivide an approximately 2.1 acre site into 10 single-family residential lots located south of Sunrise Drive and west ofOhlone Way, APN 783-20-005. RESOLUTION NO. 2003-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 02-08, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 2.1 ACRE SITE INTO 1 0 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED SOUTH OF SUNRISE DRIVE AND WEST OF OHLONE WAY, APN 783-20-005. PASSED AND ADOPTED this 3rd day of March, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Bid-Monterey The City Administrator presented a recommendation to award the bid to Streetscape Golden Bay Construction for the Monterey Streetscape Improvement Project, Phase II, Federal Project No. STPL-5034(011) and Monterey Operational Improvement Project, Federal Project No. STPL-5034(009), City Project No. 03- CDD-117 in the amount of$I,659, 185.15. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to award the bid to Golden Bay Construction for the Monterey Streetscape Improvement Project, Phase II, Federal Project No. STPL-5034(011) and Monterey Operational Improvement Project, Federal Project No. STPL- 5034(009), City Project No. 03-CDD-117 in the amount of$I,659, 185.15. Bid-Ford F-550 The City Administrator presented a recommendation to award the bid to Altec Industries Inc. for one (1) 2003 Model year Ford F-550 cab/chassis with a Altec, Model AT35G Aerial unit in the amount of $73,652.22. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to award the bid to Altec Industries Inc. for one (1) 2003 Model year Ford F-550 cab/chassis with a Altec, Model AT35G Aerial unit in the amount of $73,652.22. Pub.Hearing Repeal Res. No.2002-15 Underground Utility Dist. NO.6 The Mayor stated it was the time and place scheduled for a Public Hearing on a resolution of the City Council of the City of Gilroy repealing Resolution No. 2002-15 which would have established Underground Utility District NO.6. 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.2003-17 Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to adopt Resolution No. 2003-17 repealing Resolution No. 2002-15 which would have established Underground Utility District NO.6. RESOLUTION NO. 2003-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING RESOLUTION NO. 2002-15 WHICH WOULD HAVE ESTABLISHED UNDERGROUND UTILITY DISTRICT NO.6 PASSED AND ADOPTED this 3rd day of March, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 8039 Councilman Velasco noted the Housing Element information in the Priority Focus. The City Administrator stated that he will provide copies for each of the Councilmembers. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Priority Focus #6-2003 dated February 14, 2003. Customer Service: Email of thanks from Roy Shackel to Donna Greenhut for her assistance with an emergency exerCIse. Informational items: City of Gilroy Investment Report dated January 2003; Letter from John Adams, Charter Communications, regarding the estimated cable upgrade construction schedule; and Notice of filing of application for 2003 Energy Resource Recovery Account Revenue Requirement Estimate (ERRA) for PG&E. A& C Com. 1-14-03 The minutes of the Arts and Culture Commission meeting of January 14,2003 were noted. Gang Task Force The minutes ofthe Gilroy Gang Task Force meeting of January 7,2003 were 1-7 -03 noted. Library Com. 1-8-03 The minutes of the Library Commission meeting of January 8, 2003 were noted. P&RCom. 1-21-03 The minutes of the Parks & Recreation Commission meeting of January 21, 2003 were noted. Sr.Adv.Board The minutes of the Gilroy Senior Advisory Board meeting of January 13, 2003 1-13-03 were noted. SCRWA 1-14-03 The minutes of the South County Regional Wastewater Authority meeting of January 14, 2003 were noted. Youth Com. 1-13-03 The minutes of the Gilroy Youth Commission meeting of January 13,2003 were noted. The Car Store The City Administrator noted a review of the first sales event for CUP 02-10 for The Car Store. He stated that there were no complaints received from the first sales event. Councilman Gartman noted that cars were parked outside the designated area. The City Administrator distributed a letter from the RWQCB regarding pressure washing and other washdown activities like scrubbing driveways that will be prohibited. He noted that the City will need to get a permit to do this, which is currently in draft form. The City Administrator distributed a memo from Mujeres Pueden requesting the City write a letter protesting the City of San Jose and the Silicon Valley Workforce Investment Network (WIN) pulling out of the One Stop partnership in Gilroy. 8040 Motion was made by Councilman Gartman, seconded by Councilman Morales and carried to add an emergency item to the agenda, regarding protesting the City of San Jose and the Silicon Valley Workforce Investment Network pulling out of the One Stop partnership in Gilroy, due to the fact that this issue came to the attention of the Council after the posting of the agenda, and to modify the agenda to add the item so that the Council can take action of an emergency nature. Motion was made by Councilman Pinheiro, seconded by Councilman Gartman and carried to authorize a letter be written protesting the City of San Jose and the Silicon Valley Workforce Investment Network (WIN) pulling out of the One Stop partnership in Gilroy and counter the impact thereof The City Administrator distributed a letter from the County Social Services Agency requesting financial assistance for the Senior Nutrition Program. The City Attorney announced that Judge Shapiro signed the order to dismiss the matter of Gilroy vs. Deena Luce et.al. based on a compromise which included a civil fine by the owners and a release of all claims by the owners. The Mayor noted that Costco is open and we are receiving revenue. Councilman Dillon noted that Memorial Day and the parade are coming up. He noted that his co-chairmen Russ Valiquette and Councilman Gartman are working on it, and that the website for it is gilroyparade.com. Councilman Gartman noted that on Saturday, Chestnut Fire Station came on line with paramedic service. He noted the special recognition for Kristi Abrams, Traffic Engineer, at the Costco opening. He stated that he is on the Legislative Action Committee for the Cities Association, which has asked cities to put a list together of legislative issues. He stated that he will compile the list and present it to the Council to vote on the issues to see what our City's concerns are. He questioned when Charter will come before the Council again. It was noted that Charter will be asked to attend the next meeting for an update. The Mayor noted the following meetings/events: "'. *Meeting will be televised on Channel 1 7 MARCH 2003 3 Workshop on Budget Dynamics and Budget Prioritization - 6:00 p.m., Gilroy City Council Chambers 3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 10 Ouarterly Workshop with the Gilroy Unified School Board - 6:30 p.m., Gilroy City Council Chambers (CANCELLED) 11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 11 Downtown Specific Plan Task Force Meeting -7:30 p.m., Senior Center Main Room 12 Downtown Specific Plan Task Force Meeting - 8:00 a.m., City Council Chambers 12 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 26 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 31 Ouarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., Gilroy City Council Chambers APRIL 2003 7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy 8 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy City Council Chambers 9 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 16 Neighborhood District Task Force - 7:00 p.m., Gilroy City Council Chambers 21 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 23 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers Adjournment 8041 MAY 2003 5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 13 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy City Council Chambers 14 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 19 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers 19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 28 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers At 7:40 p.m. the Mayor adjourned the meeting in memory of John Holson. RespectJ?lly submitted;) ,'... A/It . ,!, i~ " / . ~,...... - ,,,-//luu,,, ,A,___tA...A...-1-- /s! RHONDA PELLIN, CMC City Clerk