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Minutes 2003/11/03 L < ."~.",,, ". :;.,,,,/..~ 'V' . The following promoted employees were introduced: Hank Snow, Corporal, Police Department and Chad Gallacinao, Corporal, Police Department. Promoted Employees New Employees The following new employees were introduced: Brian Dutton, Police Officer, Police Department; Jesus Contreras, Police Officer, Police Department; and Diana Mora, 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 - 7:02 p.m. Roll Call The City Clerk noted that the agenda had been posted on October 29,2003 at 11 :20 a.m. Posting Agenda The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting November 3,2003 Gilroy, California 8145 8146 The Mayor congratulated the Police Department for apprehending the cat burglar that had been terrorizing the community. 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 Dillon, seconded by Councilman Morales 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 October 20,2003; Ord. 2003-20 Adopted Ordinance No. 2003-20 amending and revising the Gilroy Zoning Ordinance and the Gilroy Zoning Map, City of Gilroy, applicant, Z 02-09; ORDINANCE NO. 2003-20 AN ORDINANCE OF THE CITY OF GILROY AMENDING AND REVISING THE GILROY ZONING ORDINANCE AND THE GILROY ZONING MAP, CITY OF GILROY, APPLICANT, Z 02-09. PASSED AND ADOPTED this 3rd day of November, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord.2003-21 Adopted Ordinance No. 2003-21 approving an application for a change in zoning designation from C3 (Shopping Center Commercial) to Rl (Single Family Residential) on approximately 2.5 acres at 6555 Monterey Road, APN 799-46- 007, James Suner, applicant, Z 03-09; ORDINANCE NO. 2003-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM C3 (SHOPPING CENTER COMMERCIAL) TO Rl (SINGLE FAMILY RESIDENTIAL) ON APPROXIMATELY 2.5 ACRES AT 6555 MONTEREY ROAD, APN 799-46-007, JAMES SUNER, APPLICANT, Z 03 -09. PASSED AND ADOPTED this 3rd day of November, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord. 2003-22 Adopted Ordinance No. 2003-22 repealing Section 35 in its entirety and adding a new Section 35 of the Gilroy Zoning Ordinance and establishing regulations and standards for the processing of applications for Wireless Telecommunication Facilities, Antennas, and Windmills at sites in the City of Gilroy. City of Gilroy, applicant, Z 03-13; ORDINANCE NO. 2003-22 AN ORDINANCE OF THE CITY OF GILROY REPEALING SECTION 35 IN ITS ENTIRETY AND ADDING A NEW SECTION 35 OF THE GILROY ZONING ORDINANCE AND ESTABLISHING REGULATIONS AND STANDARDS FOR THE PROCESSING OF APPLICATIONS FOR WIRELESS TELECOMMUNICATION FACILITIES, ANTENNAS, AND WINDMILLS AT SITES IN THE CITY OF GILROY. CITY OF GILROY, APPLICANT, Z 03-13. PASSED AND ADOPTED this 3rd day of November, 2003, by the following , 8147 vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Budget Budget Amendments/Transfers as recommended; Claim Denied claim of Martin Corona; Accept.Impr. Tract 9270 Accepted Improvements, Tract 9270, Ronan and Taos Way, Sherrel Kirk; Res. 2003-72 Adopted Resolution No. 2003-72 supporting a Statewide Ballot Initiative to require voter approval before state government may take local tax funds; RESOLUTION NO. 2003-72 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS. PASSED AND ADOPTED this 3rd day of November, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res. 2003-73 Adopted Resolution No. 2003-73 to authorize those appointed members of the City of Gilroy Deferred Compensation Plan Advisory Committee to conduct financial transactions on behalf of that Plan; RESOLUTION NO. 2003-73 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO AUTHORIZE THOSE APPOINTED MEMBERS OF THE CITY OF GILROY DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE TO CONDUCT FINANCIAL TRANSACTIONS ON BEHALF OF THAT PLAN. RASSED AND ADOPTED this 3rd day of November, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Firefighters MOU Approved the Firefighters, Local 2805 Memorandum of Understanding; Res. 2003-74 Adopted Resolution No. 2003-74 establishing the July 1, 2003; January 1, 2004; and July 1,2004 salary schedules for the Firefighters, Local 2805 employees; RESOLUTION NO. 2003-74 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING THE JULY 1,2003; JANUARY 1, 2004; AND JULY 1,2004 SALARY SCHEDULES FOR THE FIREFIGHTERS, LOCAL 2805 EMPLOYEES. PASSED AND ADOPTED this 3rd day of November, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 8148 Res. 2003-75 Adopted Resolution No. 2003-75 approving participation in the Local Agency Investment Fund and naming City officials authorized to order deposits and withdrawals; RESOLUTION NO. 2003-75 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING P ARTICIP ATION IN THE LOCAL AGENCY INVESTMENT FUND AND NAMING CITY OFFICIALS AUTHORIZED TO ORDER DEPOSITS AND WITHDRAWALS. PASSED AND ADOPTED this 3rd day of November, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Accept Site & Accepted the construction of the Site and Utility Improvements for the new Utility Impr. Gilroy Police Station, Project No. 03-CDD-103, K.J. Woods Construction, Inc. Gilroy Police Station The Mayor adjourned the City Council meeting to conduct proceedings under the Development Authorities of the City of Gilroy. Roll Call Present: Authoritymembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer. Res. 2003-02 Motion was made by Authoritymember Dillon, seconded by Authoritymember Morales and carried to adopt Resolution No. 2003-02 approving participation in the Local Agency Investment Fund and Authorizing certain officials to order deposits and withdrawals. RESOLUTION NO. 2003-02 RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GILROY APPROVING PARTICIPATION IN THE LOCAL AGENCY INVESTMENT FUND AND AUTHORIZING CERTAIN OFFICIALS TO ORDER DEPOSITS AND WITHDRAWALS. PASSED AND ADOPTED this 3rd day of November, 2003, by the following vote; AYES: AUTHORlTYMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: AUTHORlTYMEMBERS: NONE ABSENT: AUTHORlTYMEMBERS: NONE Res. 2003-01 Motion was made by Authoritymember Morales, seconded by Authoritymember Dillon and carried to adopt Resolution No. 2003-01 approving participation in the Local Agency Investment Fund and Authorizing certain officials to order deposits and withdrawals. RESOLUTION NO. 2003-01 RESOLUTION OF THE BOARD OF DIRECTORS OF THE GILROY INDUSTRIAL DEVELOPMENT AUTHORITY APPROVING PARTICIPATION IN THE LOCAL AGENCY INVESTMENT FUND AND AUTHORIZING CERTAIN OFFICIALS TO ORDER DEPOSITS AND WITHDRAWALS. PASSED AND ADOPTED this 3rd day of November, 2003, by the following vote; AYES: AUTHORITYMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: AUTHORlTYMEMBERS: NONE ABSENT: AUTHORlTYMEMBERS: NONE Roll Call Library Com. Report CEQA Thresholds Study Public Art Committee 8149 The Chairman adjourned the meeting of the Authorities and reconvened the meeting of the Gilroy City Council. Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer. Victor Valdez, Library Commission, noted that the Library is well used by the community. He stated that the Library did not receive the Library Grant, but that they will update the application and apply through the third application process. He stated that the Library installed a new computer system. He explained that they have been having problems with loitering around the front of the Library. He commented on the ballot measure for Measure A in 2004. He thanked various staff members for their assistance to the Commission. The Mayor noted a CEQA (California Environmental Quality Act) Thresholds of Significance Study and CEQA review procedure recommendations. City of Gilroy, applicant, M 02-08. Motion was made by Councilman Morales, seconded by Councilman Arellano and carried to continue action to March 15, 2004 at the request of staff The Mayor noted a request for removal of a Public Art Committee member. Motion was made by Councilman Arellano, seconded by Councilman Dillon and carried (Councilmembers Dillon, Gartman, and Springer voting no) to continue this item to the meeting of December 15, 2003 at the request of the Public Art Committee member. Salary Freeze The Mayor noted an Ordinance of the City Council of the City of Gilroy to place a freeze on salary increases for members of the City Council and the Mayor for the Fiscal Year of 2004-2005. Motion was made by Councilman Dillon, seconded by Councilman Morales 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 Morales, seconded by Councilman Arellano and carried to introduce an Ordinance of the City Council of the City of Gilroy placing a freeze on salary increases for members of the City Council and the Mayor for the Fiscal Year of 2004-2005. The Mayor noted Item IX.B.6. and displayed the ceremonial ribbon cutting scissors made by Valeria Newell. The following informational items were noted with no separate discussion on same: Legislation: Letter from Assemblymember Salinas regarding the City of Gilroy letter of opposition to AB 1160; Letter from Assemblymember Salinas regarding the City of Gilroy letter of opposition to SB 18; and Letter to Governor Elect Schwarzenegger requesting the VLF and sales tax revenues not be reduced, which would jeopardize the City of Gilroy public health and safety programs. Customer Service: Letter of thanks from Sgt. Phil Cooke, Santa Clara Police Department, to Officer Mike Terasaki for support during a bank robbery investigation. / 8150 Informational items: Letter from the Association of Bay Area Governments regarding the Certification of the ABAG Elections; Letter from Charter Communications regarding upcoming changes to their channel lineup; City of Gilroy Investment Report dated September, 2003; Letter of acceptance of a gift of ceremonial ribbon cutting scissors to the City of Gilroy from Valeria Newell; and Letter from the League of California Cities announcing the appointment of Fire Chief Clet to a one-year term on the Public Safety Policy Committee. Retreat Agenda The City Administrator distributed the agenda for the Gilroy City CouncillPolice & Fire Departments Retreat for November 21, 2003. The City Administrator distributed a listing of updated population figures for future discussions on the Nexus studies. The Mayor noted that tomorrow is election day and asked the citizens to get out to vote. Councilman Dillon asked that the citizens get out to vote. Councilman Morales noted that he attended the ABAG General Assembly meeting, and that their theme was the importance of starting to think regionally, including smart growth. He asked citizens to show their democracy by voting tomorrow. He congratulated all the candidates for running in this election. Councilman Arellano noted an article in the Dispatch about campaign signs missing, which stated that it was probably kids and vandalism. He stated that stealing and destroying signs is un-American. He asked that all citizens get out and vote tomorrow. Councilman Pinheiro asked the citizens to get out and vote. Councilman Gartman thanked his colleagues for their support on the statewide ballot initiative. He asked the citizens to get out and vote and expressed the best ofluck to all the candidates. Councilman Velasco expressed the best of luck to all candidates and asked the citizens to get out and vote. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 NOVEMBER 2003 3 Study Session - 2004 CDBG Prioritization Process and Santa Teresa Boulevard Update - 6:00 p.m., Gilroy City Council Chambers 3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 12 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 17 Study Session - Review and Approve Redesign Documents and Draft Master Plan Update Alternatives for the new Police Facility - 6:00 p.m., City Council Chambers 17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 18 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 19 Neighborhood District Task Force -7:00 p.m., Gilroy Senior Center 21 Joint City CouncillPolice Department/Fire Department Mini-Retreat - 9:00 a.m., Chamber of Commerce Board Room, 7471 Monterey Street 8151 25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (TENTATIVELY CANCELLED) DECEMBER 2003 1 Reception for Outgoing and Incoming Mayor and Councilmembers - 6: 00 p.m., City Hall Foyer 1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 Interviews for Boards/Commissions - 6:00 p.m., Gilroy City Council Chambers 9 SCR W A Meeting - 7: 3 0 a. m., 1500 Southside Drive, Gilroy 9 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 16 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (TENTATIVELY CANCELLED) JANUARY 2004 5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 12 Joint City Council/Planning Commission Workshop on the Glen-Loma Ranch Specific Plan - 6:30 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., Gilroy Senior Center 16 Annual Retreat - 8:00 a.m. to 5:00 p.m., Hilton Garden Inn, 6070 Monterey Street, Gilroy, (dinner at 6:00 p.m. -location to be determined) 17 Annual Retreat - 8:00 a.m. to 1 :00 p.m., Hilton Garden Inn, 6070 Monterey Street, Gilroy 20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 20 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 26 Study Session - Master PlanslNexus Study Review - 6:00 p.m., Gilroy City Council Chambers 27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 7:35 p.m., the Mayor adjourned the meeting to a closed session. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: APN 799-07-060 and 061, west side of Monterey Street, between Fifth and Sixth Streets, Gilroy, California Agency Negotiator: Jay Baksa Negotiating Parties: City of Gilroy, Michael and Maria C. Bertolone Matter Under Negotiation: Price and Acquisition At 7:42 p.m., the Mayor reconvened the meeting and announced that no action had been taken in the Closed Session, and further adjourned the meeting to the next regularly scheduled meeting of November 17, 2003. Respectfully submitted, ,\-:- A ;;ui/L Jd, /'k /s RHONDA PELLIN, CMC City Clerk