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Minutes 2003/03/17 -......,.,.-'! -. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried that the following items under the Consent Calendar be approved, with 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. Charter Com. The Mayor noted that a representative from Charter Communications was not available to give a status of the rebuild. Proc.-Colorectal The Mayor noted a proclamation for Colorectal Cancer Awareness Month- Cancer March, 2003, which was previously mailed to the recipient. Awareness Mo. The Mayor presented the Volunteer ofthe Month of February, 2003 award to Sharon Fuqua. Vol. Award New Employees The following new employees were introduced: Brandon Richards, Police Officer, Police Department; Gerry Dutra, Engineer I, Community Development Department; and Virginia Rojas, Accounting Assistant I, Administrative Services Department. Under Orders of the Day, the Mayor noted that Item VIII.C., A/S 02-35 for Newman Development Group, would be heard after Item VI.A. and Item VIII.B., A/S 02-27 for Steve Riter, Mission Valley Properties, would be heard after Item VI.C. The Mayor noted that the Council had adjourned from closed session pursuant to Government Code Section 54957.6, Conference with Labor Negotiator, and that there was no reportable action from that closed session. Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer - 7:07 p.m. Roll Call The City Clerk noted that the agenda had been posted on March 12, 2003 at 1 :30 p.m. Posting Agenda Pastor Bruce Rowlison, Gilroy Presbyterian Church, gave the Invocation. Invocation The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting March 17, 2003 Gilroy, California 8041 8042 an amendment to Item III.A. Minutes on page 1 the third paragraph the agenda was posted at "11:40 a.m." (not p.m.), 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 March 3, 2003; Carnival Carnival by the Rebekah Children's Services to be held April 25-27, 2003 at South Valley School of Science and Global Studies, 285 IOOF Avenue, Gilroy; Res.2003-18 Adopted Resolution No. 2003-18 approving the applicant to apply for grant funds for the per capita grant program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of2000; RESOLUTION NO. 2003-18 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000. PASSED AND ADOPTED this 17th day of March, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Budget Budget Amendments/Transfers as recommended; Prop.Impr.Agr. Property Improvement Agreement No. 2003-02 and Tract Map 9467, South 2003-02 County Housing; Res.2003-19 Adopted Resolution No. 2003-19 certifying project budget, local funding commitment, supplemental funds and public library operation; and authorizing the second submittal of an application under the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 for a Local Library Construction Grant; RESOLUTION NO. 2003-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CERTIFYING PROJECT BUDGET, LOCAL FUNDING COMMITMENT, SUPPLEMENTAL FUNDS AND PUBLIC LIBRARY OPERATION; AND AUTHORIZING THE SECOND SUBMITTAL OF AN APPLICATION UNDER THE CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 FOR A LOCAL LIBRARY CONSTRUCTION GRANT. PASSED AND ADOPTED this 17th 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.2003-20 Adopted Resolution No. 2003-20 authorizing the submittal of a grant application, the incurring of an obligation, the execution of a grant agreement and any amendments thereto, and any other documents necessary to secure a CEGP grant from the State of California, Department of Housing and Community Development; RESOLUTION NO. 2003-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION, THE INCURRING OF AN OBLIGATION, THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO, AND ANY OTHER >> Master Coop. Agreement Library Use 8043 DOCUMENTS NECESSARY TO SECURE A CEGP GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. PASSED AND ADOPTED this 17th day of March, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Approved the Master Cooperative Agreement between the City of Gilroy, Santa Clara County Library Joint Powers Authority and the Gilroy Unified School District regarding Joint Use of the Gilroy Community Library. Planning Com. Russ Valiquette, Planning Commission Chairman, gave a report on their retreat held last Saturday, and noted some concerns of the Commissioners. Bid-Loader/ Backhoe Tractor Bid- Tree Pruning Pub. Hearing M 02-15 The City Administrator presented a recommendation to award the bid to GCS Western Power & Equipment for one (1) 2003 New Model Year Four Wheel Drive LoaderlBackhoe Tractor in the amount of $60,000.00. Motion was made by Councilman Pinheiro, seconded by Councilman Dillon and carried to award the bid to GCS Western Power & Equipment for one (1) 2003 New Model Year Four Wheel Drive LoaderlBackhoe Tractor in the amount of $60,000.00. The City Administrator presented a recommendation to award the bid to TruGreen LandCare for City Tree Pruning Project 03-CSD-119 in the amount of $40,120.00. Motion was made by Councilman Pinheiro, seconded by Councilman Gartman and carried to award the bid to TruGreen LandCare for City Tree Pruning Project 03-CSD-119 in the amount of $40, 120.00. The Mayor stated it was the time and place scheduled for a continued Public Hearing on a request for approval of a Development Agreement. Newman Development, applicant, M 02-15. The staff report was noted and further explained by Deputy Community Development Director Greenhut. The Mayor opened the Public Hearing. George Akel, Newman Development, noted that they have worked with staff on this agreement. He answered questions posed by Councilmembers. Judy Davidoff reviewed the obligations if the property was transferred to another entity. Mark Wolfe distributed a letter regarding the Development Agreement, noting concerns with the agreement. Ernie Gonzalez noted traffic concerns with this development area. He stated that there are many vacant buildings currently in Gilroy. Bruce Morasca noted that traffic will be an impact with this development. He stated he was against the rebating of the fees. He noted the impact on Gilroy businesses from this development. Ron Lind stated that this development agreement is a giveaway to businesses, including possibly a WalMart. Roger Rivera stated that he disagreed that even though there are grocery stores in Gilroy, others should also be recruited. He asked that the Council look for responsible employers. 8044 A/S 02-35 Pub. Hearing Z 00-08 Connie Gallegos asked the Council to protect Gilroy and deny this project. She asked that an independent study be done on this project, noting that there are no guarantees. George Akel responded to some of the comments made. He noted that staff had reviewed the Sedway Group document. ) Mike Correa noted a concern that we already have a WalMart here already, and questioned why we need a super WalMart. He stated as a Gilroy taxpayer, the City should not give away $5.4 million. Felicia Rosas noted that Costco has already made an impact on the Gilroy grocery stores. She stated that a super WalMart is not needed. "\ The Mayor closed the Public Hearing. At 9:37 the Mayor called for a recess, after which he recalled the meeting to order. Motion was made by Councilman Dillon, seconded by Councilman Gartman and carried (Councilmembers Arellano and Morales voting no) to direct staff to prepare an ordinance approving M 02-15. The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. The Mayor noted an Architectural and Site review (PUD) request to allow the construction ofa 77,410 square foot retail center, on property zoned C3-M2/PUD (Shopping Center Commercial-General IndustriallPlanned Unit Development), located north and south ofRenz Lane, and west of Camino Arroyo. George Akel, Newman Development Group, applicant, A/S 02-35. The staff report was noted and further explained by Planner II Durkin. Mike Boone, project architect, reviewed the building facades. Motion was made by Councilman Pinheiro, seconded by Councilman Gartman and carried to direct staff to prepare a resolution approving A/S 02-35. The Mayor stated it was the time and place scheduled for a Public Hearing on a Pre-zone request to RI-PUD and PF (Single Family Residential-Planned Unit Development and Park-Public Facility), on property located at 850 Day road. Glen Lorna Group, applicant, Z 00-08. The staff report was noted and further explained by Planner II Durkin. The Mayor opened the Public Hearing. John Donahoe, RJA, noted that by bringing this property into the City, it would allow the church and associated school to be built. John Filice reviewed the history ofthe project, and explained the on-going applications for other properties in the area. Paul McAllister noted his concern regarding these applications. He stated that there are better sites for the church and school. Bruce Tichinin, attorney for the Day Road Neighborhood Group, reviewed the environmental concerns. He requested these applications be continued for 30 days to allow time for additional review. He noted the inadequate notice regarding the environmental document. Chris Messner noted his concerns regarding these applications. Pub.Hearing A 00-01 Pub. Hearing Z 03-01 Pub. Hearing TM 02-07 A/S 02-27 8045 Dan Blanchard spoke in opposition to these requests. He asked that there be a transition for the residential to a rural residential area. The Mayor closed the Public Hearing without prejudice. Motion was made by Councilman Arellano, seconded by Councilman Dillon and carried to continue this Public Hearing request to April 21, 2003. The Mayor stated it was the time and place scheduled for a Public Hearing on an annexation request for 66.4 acres, located at 850 Day Road. Glen Lorna Group, applicant, A 00-01. Motion was made by Councilman Arellano, seconded by Councilman Dillon and carried to continue this Public Hearing request to April 21, 2003. At 11:48 p.m. the Mayor called for a recess, after which he recalled the meeting to order. The Mayor stated it was the time and place scheduled for a Public Hearing on a Zone Change request for a PUD overlay, on property zoned Rl (Single Family Residential) located at 8496 and 8530 Kern Avenue. Steve Riter, Mission Valley Properties, applicant, Z 03-01. The staff report was noted and further explained by Planning Division Manager Faus. The Mayor opened the Public Hearing. Steve Riter spoke on behalf of his applications. He corrected the staff report in that the street is 24' curb to curb. Arminta Jensen, RJA, distributed an Email from the City concurring that the access provided is adequate, and added that it is consistent with what you would see on a City street. The Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Arellano and carried to approve the Mitigated Negative Declaration, finding that (a) it is completed in compliance with CEQA; (b) it reflects the independent judgment of the City; and (c) there is no substantial evidence that the project will have a significant effect on the environment. Motion was made by Councilman Morales, seconded by Councilman Arellano and carried to direct staff to prepare an ordinance approving Z 03-01. The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Tentative Map request for a 29 lot residential PUD subdivision, on property zoned RI-PUD (Single Family Residential-Planned Unit Development), located at 8496 and 8530 Kern Avenue. Mission Valley Properties, applicant, TM 02-07. The staff report was noted and further explained by Planning Division Manager Faus. 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 Gartman and carried to direct staff to prepare a resolution approving TM 02-07. The Mayor noted an Architectural and Site review (PUD) request for a 29 lot residential subdivision, on property zoned Rl (Single Family Residential), located at 8496 and 8530 Kern Avenue. Steve Riter, Mission Valley Properties, applicant, 8046 Old City Hall Lease Transitional Housing Policy Mayor Protempore A/S 02-27. The staff report was noted and further explained by Planning Division Manager Faus. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to direct staff to prepare a resolution approving A/S 02-27. The Mayor returned to the regular order of the agenda. The Mayor noted a request to negotiate a potential lease for Old City Hall with Daniel Barduzzi/Glen Gurries for a restaurant business. Administrative Services Director Dorn reviewed the request. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to direct staff to negotiate a lease to be approved by the City Council. The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. The Mayor noted a request for an exception to the Transitional Housing Policy for South County Housing/Sobrato Transitional Center. Councilman Pinheiro recused himself from discussion and vote on this issue due to a conflict of interest because of a business arrangement, stepped down from the dais, and left the room. The staff report was noted and further explained by Planner II Durkin. Jan Lindenthal, South County Housing, explained why there was no time limit for the 15 units, due to new HUD regulations. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Pinheiro absent) to grant an exception to the Sobrato Transitional Center to allow 25% of the units (15 units) to be exempt from the Transitional Housing Policy's two-year length-of-stay restriction, as modified. Councilman Pinheiro returned to his seat at the dais. The Mayor returned to the regular order of the agenda. The Mayor noted appointment of the Mayor Protempore from April 1, 2003 to November 30,2003. Motion was made by Mayor Springer, seconded by Councilman Morales and carried (Councilman Dillon voting no) to appoint Councilman Dillon as the Mayor Protempore from April 1, 2003 to November 30,2003. The Mayor noted the Charter Communications letter regarding a change in the channel line-up where they propose to drop Channels 35 and 46. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Priority Focus #7-2003 dated February 21,2003; League of California Cities Priority Focus #8-2003 dated February 28,2003; and Letter from Senator Bruce McPherson to Mayor Springer thanking him for sharing his concerns regarding the state budget. SCRWA 2-11-03 8047 Customer Service: Letter of congratulations from Darol Outtrim, The Inn at Morgan Hill, to Jay Baksa on his outstanding service and being named 2002 Gilroy Man of the Year; Note of thanks from Marguerite Henry to Sylvia R. Bell, Norma Seager, and Linda Stewart for movie night; and Letter of appreciation from Police Chief Ortega, City of Salinas, to Sergeant Flippo and Officers Hernandez, Hathaway, and Bentson for assistance with crowd control as a Mounted Unit. Informational items: Information from the Advisory Council of the Council on Aging; Letter from John Adams, Charter Communications, regarding changes to their programming lineup; Email from Jennifer Cunningham, Charter Communications, regarding an update on the status of the Gilroy rebuild; Letter from Christopher McKenzie, League of California Cities, nominating Fire Chief Clet as the alternate representative on the Planning Implementation Committee of the Emergency Medical Services Authority; State Budget Proposal Summary information; and Letter from Assemblymember Manny Diaz to Mayor Springer regarding the impact ofthe current budget deficit/crisis. The minutes of the South County Regional Wastewater Authority meeting of February 11,2003 were noted. The City Administrator noted that the new base for meeting AB 939 is 49%. He stated that the rating personnel were here last week to review for the Public Facilities bonding, and noted that they were very impressed by our financial systems here, and stated that we expect to get a good rating for our bonds. Amicus Support The City Attorney explained a request for amicus support - Rubin v. City of Burbank (City Council invocations). Open Space Easement Program Coastal Rim- Village Green Motion was made by Councilman Pinheiro, seconded by Councilman Gartman and carried (Councilman Arellano voting no) to approve the amicus support- Rubin v. City of Burbank (City Council invocations). The City Attorney noted a report on a Proposed Policy to Implement the Conservation and Open Space Easement Program set forth in the General Plan CEQA Mitigation Approval as Partial Mitigation for Impacts to Prime Farmland or Farmland of Statewide Importance on an Interim Basis. Council agreed to continue this item to the next meeting. Councilman Pinheiro questioned whether the City Attorney has completed the research regarding the construction of the Village Green Alzheimer's facility. She noted that it is not complete as yet. The Mayor requested to schedule a mini-retreat, and Councilmembers concurred to set it for April 28, 2003 from 6:00 p.m. (changed to 6:30 p.m.) to 10:00 p.m. at the Senior Center. He requested that Councilmembers get their issues to the City Administrator. 8048 Adjournment The Mayor noted the Cities Association has taken a position of support of the ABAG/MTC merger, and stated that there will be a presentation on this at the April 7, 2003 meeting. Councilman Velasco questioned what was scheduled on March 24, 2003 and April 14, 2003. It was noted that nothing is scheduled for March 24, 2003, but there is a study session scheduled for April 14, 2003 regarding PERS. He questioned when the residential blight ordinance would be agendized, and was told it was very close and would be agendized soon. He requested that the issues brought up during the Planning Commission report be agendized for the mini- retreat with the Planning Commission. Councilman Gartman stated that there is only one more month to get entries in for the City flag competition. Councilman Arellano asked everyone to pray for peace and noted that war is never necessary. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 MARCH 2003 17 Closed Session - Conference with Labor Negotiator (lAFF. Local 2805 Fire Employees) - 6:00 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 26 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 31 Closed Session - Conference with Labor Negotiator (IAFF. Local 2805 Fire Employees) - 6:00 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 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 8 Downtown Specific Plan Task Force Meeting - 6:00 p.m., 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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 23 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers MAY 2003 5 Study Session - Building Process Performance Audit - 6:00 p.m., Gilroy City Council Chambers 5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 13 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 13 Downtown Specific Plan Task Force Meeting - 6:00 p.m., 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 1: 19 a.m. the Mayor adjourned the meeting. ReSPfctfully submi. tte~ . / ./ . \,,!//i~ tiTedl" /)_~(,If L),- /s/ RHONDA PELLIN, CMC City Clerk