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Minutes 2003/05/19 8068 Invocation Posting Agenda Roll Call Regular Meeting May 19,2003 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Father Dan Derry, St. Mary's Catholic Church, gave the Invocation. The Mayor announced that the Council had adjourned from a Closed Session regarding Conference with Labor Negotiator, pursuant to Government Code Section 54957.6 and that no action had been taken. He also noted the Study Session held just prior to this meeting regarding a review of the Building Process Performance Audit. The City Clerk noted that the agenda had been posted on May 14, 2003 at 11 :36 a.m. Present: Councilmembers: Peter D. Arellano (arrived at 7:33 p.m.), Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer - 7:04 p.m. The Mayor noted that under Orders of the Day that Item III.D. had been pulled from the Consent Calendar and Item XIV.A. would be moved forward on the agenda. New Employee New employee Jennifer Silveira, Office Assistant I, Police Department was introduced. 8069 Employee Award The Mayor presented the Employee Award for the Month of May, 2003, to Arlene Jeske, Accounting Assistant II, Administrative Services Department. Team Award The Mayor presented the Team Award for the Month of May, 2003, to the Costco Development Team - Kristi Abrams, Melissa Durkin, and Jackie Bretschneider. GHS Free Press The Mayor presented a Certificate of Recognition for Gilroy High School Free Press to Megan Stevens. CALED EDC The Mayor noted a presentation by Bill Lindsteadt, Gilroy Economic Award Development Corporation Executive Director, of the CALED EDC Award. 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. Consent Calendar Motion was made by Councilman Morales, seconded by Councilman Dillon and carried that the following items under the Consent Calendar be approved, removing Item III.D. Property Improvement Agreement No. 2003-05, Tract No. 9483, Church Street Homes and pulling Item III.C. Single Tenant Lease for Old City Hall for a separate vote, 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: I Minutes Minutes of the Regular Council Meeting of May 5, 2003; Claims Denied claims of Lucio Alvarez and Irene Suarez; Accept Impr. Accepted the Construction of Santa Teresa and Miller Water Tanks, Project Water Tanks 00-CDD-530, Pacific Mechanical Corporation; Surplus Equip. Declared equipment as surplus; and Res.2003-32 Adopted Resolution No. 2003-32 urging institution of passenger rail components. RESOLUTION NO. 2003-32 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY URGING INSTITUTION OF PASSENGER RAIL COMPONENTS. PASSED AND ADOPTED this 19th day of May, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Old City Hall Lease The Mayor noted a Single Tenant Lease for Old City Hall with Old City Hall, LLC, a California Limited Liability Company (Glen Gurries and Daniel Barduzzi). Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to approve a Single Tenant Lease for Old City Hall with Old City Hall, LLC, a California Limited Liability Company (Glen Gurries and Daniel Barduzzi), with the condition that the Risk Manager review the amount for fire damage liability. The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. Downtown Task The Mayor noted a recommendation from the Downtown Specific Plan Task Force Force. I Motion was made by Councilman Arellano, seconded by Councilman Velasco and carried to direct the City Attorney to research the appropriate legal aspects of temporarily limiting used auto sales, tattoo parlors, "head" shops, and bar & dance 8070 halls without food sales in the downtown or require a special permit, and also to direct staff to review/research the following for recommendations: a. Purchase the empty lot located between 5th and 6th Streets for development of a "pocket park", b. Increase downtown lighting and save old "cobra" light fixtures, c. Initiate a City sidewalk power wash program in the downtown, d. Temporarily remove parking requirements in the downtown C2 district, e. Temporarily waive building permit fees in the downtown C2 district, f Temporarily waive required Historic Heritage Committee review, and g. Create a curb & sidewalk repair program, with 50/50 matching city funds. The Mayor returned to the regular order of the agenda. Bid-Custodial Services The City Administrator presented a recommendation to award the bid to Central Maintenance Co. for Custodial Services Contract in the amount of $222,570.00 for three years (03-ASD-123). Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to award the bid to Central Maintenance Co. for Custodial Services Contract in the amount of $222,570.00 for three years (03-ASD-123). Pub. Hearing TM 02-10 The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide 1,321 acres into 101 single family Hillside Residential lots, on property zoned R 1- PUD ( Single Family Residential-Planned Unit Development) and RH (Residential Hillside). The property is located west of Santa Teresa Boulevard and southwest of Miller Avenue. Shapell Industries of Northern California, applicant (c/o Denis Bethke), TM 02-10. The staff report was noted and further eXplained by Planning Division Manager Faus. The Mayor opened the Public Hearing. Susan Mineta noted that they have reviewed the staff report and agree with the report and recommend approval. The Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Velasco and carried to direct staff to prepare a resolution approving TM 02-10. Res.2003-33 The Mayor noted a Resolution ofthe City Council of the City of Gilroy Upholding the Decision of the City Administrator to Modify Business License No. 4294 for 5-Day Furniture Warehouse, and Denying the Appeal filed by 5-Day Furniture Seeking to Overturn that Decision. Thomas Griffin noted his request to continue action on this item until August or October, 2003 to allow 5 Day Furniture time to review options available to them. He noted a lease has been signed at 6980 Monterey Street to be used as a gallery furniture store retail use. Motion was made by Councilman Arellano, seconded by Councilman Morales and the motion did not carry (Councilmembers Dillon, Gartman, Pinheiro, Velasco, and Springer voting no) to make the effective date October, 2003. Motion was made by Councilman Dillon, seconded by Councilman Velasco and carried (Councilmembers Arellano and Morales voting no) to adopt Resolution No. 2003-33 upholding the decision ofthe City Administrator to modify Business License No. 4294 for 5-Day Furniture Warehouse, and denying the appeal filed by 5-Day Furniture seeking to overturn that decision. 8071 RESOLUTION NO. 2003-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY UPHOLDING THE DECISION OF THE CITY ADMINISTRATOR TO MODIFY BUSINESS LICENSE NO. 4294 FOR 5-DA Y FURNITURE WAREHOUSE, AND DENYING THE APPEAL FILED BY 5-DA Y FURNITURE SEEKING TO OVERTURN THAT DECISION. PASSED AND ADOPTED this 19th day of May, 2003, by the following vote; AYES: COUNCILMEMBERS: DILLON, GARTMAN, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: ARELLANO and MORALES ABSENT: COUNCILMEMBERS: NONE A/S 02-26 Architectural & Site Review Planned Unit Development request of an Alzheimer' s/ assisted living facility, located at the southwest corner of Santa Teresa Boulevard and Hecker Pass Highway, on property zoned R3/PUD (Medium Density ResidentiaV Planned Unit Development). Coastal Rim Properties, applicant, A/S 02-26. Councilman Velasco recused himself from discussion and vote on this item due to the proximity of his residence to this request, stepped down from the dais, and left the room. The staff report was noted and further explained by Planner II Durkin. Motion was made by Councilman Dillon, seconded by Councilman Gartman and carried (Councilman Velasco absent) to direct staff to prepare a resolution approving A/S 02-26. Councilman Velasco returned to his seat at the dais. At 8:57 p.m. the Mayor called for a recess, after which he recalled the meeting to order. A/S 03-16 The Mayor noted an Architectural and Site Planned Unit Development request to construct 90 single-family homes in the Rancho HillsIDeer Park subdivision north and south of Sunrise Drive. Western Pacific Housing, applicant (c/o Nicholas Vaughn), A/S 03-16. The staff report was noted and further explained by Planner II Durkin. Nick Vaughn, Project Manager for Western Pacific Housing, noted that he was available to answer any questions. He agreed to provide colored, stamped concrete driveways for all the lots. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to direct staff to prepare a resolution approving A/S 03-16, with the added condition that colored, stamped concrete driveways be provided for all lots. Tony Fuentes The Mayor noted an Email of resignation from Tony Fuentes, Library Commission member. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to accept the resignation with regrets. Motion was made by Councilman Pinheiro, seconded by Councilman Gartman and carried to include the recruitment in the 2003 recruitment/application period. Housing Trust The Mayor noted a request for funding from the Housing Trust of Santa Clara County. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to approve a $15,000 contribution to the Housing Trust of Santa Clara County. 8072 SCRWA 4-8-03 Youth Com. 5-12-03 Councilman Velasco questioned Item IXB.3 regarding the population figures in relation to the housing element and the impact with AB 1221. The following informational items were noted with no separate discussion on same: Legislation: Letters to Senator Bruce McPherson, Assemblymember Simon Salinas, Assemblymember Manny Diaz, Assemblymember Darrell Steinberg, and Assemblymember John Campbell regarding opposition to AB 1221; League of California Cities Priority Focus #16-2003 dated April 25, 2003; League of California Cities Priority Focus #17-2003 dated May 2,2003; and Letter from Senator Barbara Boxer regarding funding for our first responders. Customer Service: Letter of thanks from Karen Rixman to Jay Baksa for participating as an oral board interviewer in the selection process for the Deputy County Librarian position; Email of appreciation from Isaac Liu to Gregg Polubinski for his assistance during an application process; Letter of thanks from Bruce C. Tupper, Tax Aide Counselor, to Sylvia Bell for her support for AARP's TCE Program; Email of thanks from Bob & Joanne Kraemer to Bill Faus noting that he was a big help in their phone meeting with LAFCO; Letter of thanks from Ron Hannon, Gavilan College, to Officer Nestor Quinones and Kimbo for their hospitality during a ride along; and Supervisory Recognition to Sgt. John Sheedy, Officer Stan Devlin, Officer John Marfia, Officer Hank Snow, Officer Dan Zen, DDA Frank Carrubba, and CSO Maribel Gutierrez for assistance in solving a homicide case. Informational items: State of California Department of Finance Official State Population Estimates as of January 1, 2003; Letter of appreciation from Sylvia Bell to Adept Med International for their $1,000,00 donation in memory of Sophie Mary Chase and to the South Valley Corvette Club for their $50.00 donation both to benefit the Gilroy Senior Center; Gilroy Economic Development Corporation minutes of February 14,2003; Notice of filing of application for electric revenue increase and gas revenue decrease: Annual Earnings Assessment (AEAP) for P.G.&E.; and Information from the Advisory Council of the Council on Aging. The minutes of the South County Regional Wastewater Authority meeting of April 8, 2003 were noted. The report of the Youth Commission meeting of May 12,2003 was noted. Motion was made by Councilman Gartman, seconded by Councilman Morales and carried to reagendize the City flag design contest discussion to June 2, 2003. 8073 The City Attorney distributed information for the study session on the Downtown Business Improvement District scheduled for July 14, 2003. The Mayor thanked the Arts & Culture Commission and Public Arts Committee for the dedication ceremony for the mural downtown, which was dedicated to the memory ofLael McCormack. He thanked the Exchange Club for the Blue and Gold Awards, and also thanked New Hope Community Church for their Law Enforcement Awards dinner and the Bethany Church of God in Christ for a similar awards dinner. Councilman Gartman reminded everyone that a week from today is the Memorial Day Parade and celebration. Councilman Arellano stated that he would be absent from the June 2, 2003 meeting in order to attend his daughter's college graduation. Councilman Morales congratulated the arts community for supporting the first arts conference. He thanked staff and the tax payers for allowing him to attend the League of California Cities Latino Caucus and attend a meeting in Sacramento with the Mayor to lobby for our interests. Councilman Dillon noted that Scooby Doo and Yogi Bear will be attending the Memorial Day Parade. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 MAY 2003 19 Closed Session - Conference with Labor Negotiator (IAFF. Local 2805 Fire Employees) - 5:30 p.m., Gilroy City Council Chambers 19 Study Session - Building Process Performance Audit - 6:00 p.m., Gilroy City Council Chambers 19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 20 Neighborhood District Task Force - 7:00 p.m., Gilroy City Council Chambers 27*Workshop Regarding Charter Communications - 6:00 p.m., City Council Chambers 27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED) 28 Ag Mitigation Task Force -7:00 p.m., Gilroy City Council Chambers JUNE 2003 2 Study Session - Open Space Authority - 6:00 p.m., Gilroy City Council Chambers 2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 9*Wireless Communication Ordinance Workshop - 6:30 p.m., City Council Chambers 10 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 10 Downtown Specific Plan Task Force Meeting - 6:00 p.m., City Council Chambers 11 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 16 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers 16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 17 Neighborhood District Task Force - 7:00 p.m., Gilroy City Council Chambers 23 Ouarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., Gilroy Unified School District Administration Office Board Room, 7810 Arroyo Circle, Gilroy 24 SCRWAMeeting -7:30 a.m., 1500 SouthsideDrive, Gilroy 25 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 30 City CouncillPlanning Commission Mini-Retreat - 6:00 p.m., City Council Chambers 18074 I ! JULY 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 14 Study Session - Residential Blight Ordinance and Business Improvement District - 6:30 p.m., Gilroy City Council Chambers 15 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 At 9:49 p.m. the Mayor adjourned the meeting to a closed session. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: 7353 & 7355 Monterey Street, Gilroy, California (Marko & Klara Gera) APN 799-08-039 & 799-08-040 7347 Monterey Street, Gilroy, California (Gin L. & Leung K. Dong) APN 799-08-041 7341 Monterey Street, Gilroy, California (Salvation Army) APN 799-08-042 & 043 7301 Monterey Street, Gilroy, California (George Besson Jr. Trustee) APN 799-08-044 57 & 67 W. Seventh Street, Gilroy, California (Oyao Baleriana) APN 799-08-045 & 046 7310, 7320, 7330, 7350 and 7360 Eigleberry Street, Gilroy, California (Marko & Klara Gera) APN 799-08-047,048,049,050,051 & 060 Agency Negotiator: Jay Baksa Negotiating Parties: City of Gilroy and above property owners Matter Under Negotiation: Acquisition / price and terms of payment At 10: 10 p.m. the Mayor reconvened the meeting and announced that no action had been taken in the Closed Session. Respectfully submitted, ,,~/" ) /"1 .., / L-/.. \ tel fife?.. //,_ (<' [( /~ /s/ RHONDA PELLIN, CMC City Clerk