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Minutes 2003/12/01 1 Under Orders of the Day, the Mayor announced that Councilmembers Gartman and Velasco have asked for a minute later in the meeting to make some remarks. Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer - 6:32 p.m. The City Clerk noted that the agenda had been posted on November 26,2003 at 3:37 p.m. Pastor Malcolm MacPhail, New Hope Community Church, gave the Invocation. The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting December 1, 2003 Gilroy, California 8157 Roll Call Posting Agenda Invocation 8158 Proc.-Mike Evanhoe Consent Calendar Minutes Budget Res.2003-80 The Mayor presented a proclamation to Mike Evanhoe upon his retirement from the Santa Clara County Valley Transportation Authority. 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 of the Regular Council Meeting of November 17, 2003; Budget Amendments/Transfers as recommended; Adopted Resolution No. 2003-80 approving TM 03-03, a Tentative Map to subdivide an approximately 4. 12 acre site into 14 single family residential lots located at 9195 Wren Avenue on the southwest corner of Tatum Avenue and Wren, APN 790-17-011, Stewart Fahmy, applicant. RESOLUTION NO. 2003-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 03-03, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 4.12 ACRE SITE INTO 14 SINGLE FAMILY RESIDENTIAL LOTS LOCATED AT 9195 WREN AVENUE ON THE SOUTHWEST CORNER OF TATUM AVENUE AND WREN, APN 790-17- 011, STEWART FAHMY, APPLICANT. PASSED AND ADOPTED this 1st day of December, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2003-81 Adopted Resolution No. 2003-81 approving SHE 03-01, an application for a Senior Housing Exemption from the Residential Development Ordinance, APN 790-07-001, Salvatore Oliveri, applicant. Pub. Hearing Hotel Registration Z 03 -02 RESOLUTION NO. 2003-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SHE 03-01, AN APPLICATION FOR A SENIOR HOUSING EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 790-07-001, SALVATORE OLIVERI, APPLICANT. PASSED AND ADOPTED this 1st day of December, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A continued Public Hearing on an Ordinance of the City Council of the City of Gilroy amending the Gilroy City Code Chapter 25A, adding a new section 25A.14 regarding Hotel Registration. The Mayor announced that this item has been withdrawn from consideration at this time. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to withdraw this ordinance from consideration at this time. 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 Rl/PUD (Single Family Residential Planned Unit Development) on approximately 1.9 acres on the west side of Church Street across from Woodworth Way, APN 790-16-061, Mark Hewell, applicant. 8159 Motion was made by Councilman Morales, seconded by Councilman Dillon 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 Dillon and carried to introduce an Ordinance of the City Council of the City of Gilroy approving Z 03-02. Councilman Gartman gave a presentation to thank Mayor Springer and Councilman Arellano for their work on the Council. Councilman Velasco thanked Mayor Springer and Councilman Arellano for their work on the Council. Councilman Morales thanked Mayor Springer and Councilman Arellano for their work on the Council. Canvass The Official Canvass of the Registrar of Voters for the November 4,2003 Special Municipal Election was noted. Res.2003-82 Motion was made by Councilman Dillon, seconded by Councilman Morales and carried that the reading of Resolution No. 2003-82 declaring the total vote and elected officers be waived and that it be adopted. RESOLUTION NO. 2003-82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING THE REGISTRAR OF VOTERS' CANVASS OF THE GENERAL MUNICIPAL ELECTION AND DECLARING RESULT OF SUCH ELECTION HELD IN THE CITY OF GILROY ON NOVEMBER 4, 2003. RESOLVED, by the City Council of the City of Gilroy, California that; WHEREAS, by order of this Council a general municipal election was held and conducted in the City of Gilroy on Tuesday, the 4th day of November, 2003 as required by law and the Charter of said City as amended; and WHEREAS, it appears that notice of said general election was duly and legally given; voting precincts were properly established; election officers were appointed and election supplies furnished; and in all respects the election was held and conducted and the votes cast thereat received and canvassed, and the returns thereof made, determined and declared in time, form and manner as required by the Charter of said City as amended and the general laws of the State providing for and regulating municipal elections in said City; and WHEREAS, the Registrar of Voters did conduct the canvass of the returns of said municipal election and did count the absentee ballots cast thereat, pursuant to direction and order of the City Council of said City; and WHEREAS, said canvass was duly completed and the results thereof were certified by the Registrar of Voters and submitted to this Council. NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED, as follows: 1. Said municipal election was held and conducted in the City of Gilroy, County of Santa Clara, State of California on Tuesday, November 4,2003 in the time and in the form and manner as required by law. 2. That there were established fourteen (16) voting precincts for the purpose of holding said municipal election consisting of either regular election precincts established for holding state or county elections, or a consolidation of some or all of such precincts, as follows: 816,0 CONSOLIDATED PRECINCT NO. 3951, comprising state and county precincts designated Precinct Numbers 3951 and 3966 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3952, comprising state and county precincts designated Precinct Numbers 3952 and 3955 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3953, comprising state and county precincts designated Precinct Numbers 3953 and 3956 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3954, comprising state and county precincts designated Precinct Numbers 3954 and 3980 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3957, comprising state and county precincts designated Precinct Numbers 3957 and 3970 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3958, comprising state and county precincts designated Precinct Numbers 3958, 3961, and 3972 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3959, comprising state and county precincts designated Precinct Numbers 3959 and 3979 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3960, comprising state and county precincts designated Precinct Number 3960 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3962, comprising state and county precincts designated Precinct Numbers 3962, 3963, 3968, 3973, 3975, and 3977 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3964, comprising state and county precincts designated Precinct Numbers 3964 and 3967 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3965, comprising state and county precincts designated Precinct Numbers 3965 and 3983 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3969, comprising state and county precincts designated Precinct Numbers 3969, 3971, and 3976 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3974, comprising state and county precincts designated Precinct Number 3974 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3978, comprising state and county precincts designated Precinct Number 3978 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3981, comprising state and county precincts designated Precinct Number 3981 as established by the Santa Clara County Board of Supervisors. CONSOLIDATED PRECINCT NO. 3982, comprising state and county precincts designated Precinct Number 3982 as established by the Santa Clara County Board of Supervisors. 3. The canvass of the returns of the votes cast and the counting of absentee ballots cast in said City for the offices of Mayor and City Councilmembers was duly held by the Registrar of Voters in accordance with the order of the Council and in accordance with law and said Registrar of Voters has executed a certificate certifying to the results of such canvass, which certificate is hereto attached, marked Exhibit "A" and by this reference is made a part hereof. Said-certificate 8161 has been examined and is hereby approved and adopted by this Council as the official canvass of said municipal election. 4. The whole number of votes cast in said City of Gilroy at said municipal election was 5,375 (including 1,730 absentee votes). 5. The names of the persons voted for, the offices for which they were voted, the number of votes received by each of said persons in each of said precincts and by absentee votes, are shown on said Exhibit "A", hereto attached. 6. At said general municipal election held in the City of Gilroy and Election held on November 4,2003, the following persons were elected to the following offices: AL PINHEIRO was elected Mayor of the City Council to hold office for a term of four years, from and after Monday, December 1, 2003, and continuing until his respective successor shall qualify. PAUL CORREA was elected a member of the City Council to hold office for a term of four years, from and after Monday, December 1, 2003, and continuing until his respective successor shall qualify. RUSS VALIQUETTE was elected a member of the City Council to hold office for a term of four years, from and after Monday, December 1,2003, and continuing until his respective successor shall qualify. ROLAND VELASCO was elected a member of the City Council to hold office for a term of four years, from and after Monday, December 1, 2003, and continuing until his respective successor shall qualify. 7. The City Clerk is hereby directed to make out and deliver to each of the persons elected a certificate of election signed by her and duly authenticated. She shall also impose the constitutional oath of office and have them subscribe thereto. 8. That the City Clerk be, and she is hereby instructed to enter this resolution in full in the minutes of this Council as a statement of the result of said general municipal election. PASSED AND ADOPTED this 1 st day of December, 2003 by the following votes: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: /s/ THOMAS W. SPRINGER, Mayor ATTEST: /s/ RHONDA PELLIN, City Clerk 8162 EXHIBIT "A" CERTIFICATE OF ELECTION RESULTS STATE OF CALIFORNIA ) ) ss. County of Santa Clara ) I, Elaine Larson, Assistant Registrar of Voters of the County of Santa Clara, State of California, hereby declare that a UDEL ELECTION was held in the County of Santa Clara, in the City of Gilroy, on November 4, 2003, for the purpose of electing one Mayor and three Council Members to the Governing Board of said District. The official canvass of the returns of said election was conducted by the Office of the Registrar of Voters in accordance with the appropriate provisions of the Elections Code of the State of California. The Statement of Votes Cast, hereto attached, shows the total number of votes for each candidate for said seats in the City of Gilroy, and in each of the precincts and that the totals shown for each candidate are true and correct. WITNESS my hand and Official Seal this 24th day of November, 2003. /s/ ELAINE LARSON, Assistant Registrar of Voters (Seal) UDEL ELECTION, NOVEMBER 4, 2003 CITY OF GILROY V G T 0 M U H T A A VA E R D ON R y A T U R P F L E T S 0 E B A. R B 0 S. E U H S L T R E A RA L P F R A E U P D G L L H L E OEV N R M C A I I L T 0 0 y REA D A E U 0 S 0 U NP H N A W L A R L N W T T R E I E R R NCl V R K M R R S N N N A E I OOQ E E 0 C B I A 0 MH B T L T UU L L D R 0 R T T C U AE R K L E MNE A L 0 A R A E 1 A T Y I I I A OCT S A V S R C 0 S OR N N N I R I T C N E C E C I N T % RO K S 0 N E L E 0 0 R A A 0 N 3951P 828 211 25.5 123 18 1 63 3 80 106 92 60 53 81 90 0 3951A 828 105 12.7 76 10 2 15 0 49 59 38 27 22 40 43 0 3952P 1418 276 19.5 183 23 5 61 2 153 138 93 92 72 91 123 3 3952A 1418 175 12.3 132 9 5 21 2 82 99 69 52 35 55 75 0 3953P 1151 288 25.0 144 29 12 99 1 121 145 142 81 70 118 122 0 3953A 1151 132 11.5 92 8 2 26 1 62 72 49 48 21 42 50 0 3954P 1090 187 17.2 114 19 8 44 1 83 81 67 66 44 86 88 0 3954A 1090 105 9.6 68 13 2 14 0 56 51 24 53 20 41 41 0 3957P 1244 224 18.0 117 13 5 85 1 74 100 122 49 66 115 72 1 3957A 1244 99 8.0 68 6 4 21 0 45 51 47 32 25 37 33 0 3958P 701 154 22.0 54 1 3 92 2 34 72 III 28 38 110 32 0 3958A 701 30 4.3 17 4 1 6 0 12 13 9 12 9 9 13 0 3959P 1075 268 24.9 189 22 5 45 4 150 168 87 85 51 90 116 1 3959A 1075 135 12.6 101 13 1 18 0 70 78 42 50 30 50 42 1 3960P 690 145 21.0 88 21 2 32 1 67 78 57 42 25 63 64 0 3960A 690 84 12.2 49 14 1 20 0 33 40 30 36 26 38 27 0 3962P 914 169 18.5 76 3 1 81 0 37 72 103 27 40 89 48 0 3962A 914 34 3.7 22 1 0 11 0 12 23 20 3 8 10 14 0 3964P 1324 336 25.4 243 27 3 58 5 173 184 110 103 56 113 163 2 3964A 1324 160 12.1 104 14 5 34 0 86 81 43 53 22 59 76 0 3965P 1279 300 23.5 217 21 9 40 6 146 174 96 81 47 119 154 0 3695A 1279 144 11.3 109 15 4 15 0 75 75 45 50 33 63 62 1 8163 3969P 1102 166 15.1 89 13 4 54 1 42 75 95 47 43 84 49 0 3969A 1102 57 5.2 31 11 3 12 0 17 24 26 20 16 28 16 0 3974P 1189 223 18.8 126 17 3 72 2 75 121 118 58 46 100 87 1 3974A 1189 106 8.9 71 8 6 17 0 48 55 41 39 17 40 50 1 3978P 1151 222 19.3 172 16 1 27 3 106 114 96 64 25 104 96 0 3978A 1151 142 12.3 109 11 4 17 0 75 64 49 54 32 57 54 0 3981P 1114 256 23.0 178 14 3 59 0 124 129 99 69 40 127 115 0 3981 A 1114 122 11.0 88 11 2 20 0 60 64 44 38 24 44 48 0 3982P 1022 220 21.5 140 26 5 48 1 106 114 75 54 44 124 105 2 3982A 1022 100 9.8 72 12 1 13 0 49 51 28 28 19 49 37 1 PCT 17292 3645 21.1 2253 283 70 960 33 1571 1871 1563 1006 760 16141524 10 ABT 17292 1730 10.0 1209 160 43 280 3 831 900 604 595 359 662 681 4 GRT 17292 5375 31.08 3462 443 113 1240 36 2402 2771 21671601 1119 2276 2205 14 PC T = Precinct TotalsAB T = Absentee Totals GR T = Grand Totals Councilman Arellano and Mayor Springer gave their farewell remarks and received a standing ovation. Cert. Service Councilman Pinheiro presented a Certificate of Service to Retiring Councilman Peter Arellano (Mayor Springer received his at the reception prior to the meeting). At 7:09 p.m. the Mayor called for a recess, after which the meeting was recalled to order. The Mayor adjourned the meeting Sine Die. The City Clerk swore in the Mayor and Councilmembers Elect. The City Clerk presented Certificates of Election to the Mayor Elect and Councilmembers Elect. Mayor Pinheiro called the meeting to order. Roll Call Present: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland Velasco, and Al Pinheiro - 7:15 p.m. Mayor Protempore Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to appoint Councilman Velasco as Mayor Protempore from December 1,2003 through July 31,2004. The following informational items were noted with no separate discussion on same: Customer Service: Email of thanks from Tony Fuentes to Sergeant Noel Provost and CSO Gary Muraoka for their assistance. Informational items: Letter to Mayor Tom Springer from Senator Dianne Feinstein regarding support for a clarification of the federal tax code to qualify "down payment assistance" as a charitable purpose; Notice of Public Hearing regarding establishment of Santa Clara County Library District Joint Powers Authority Community Facilities District No.1; and Gilroy Visitors Bureau Board of Directors minutes of October 14, 2003. A& C Com. 9-9-03 10-14-03 The minutes of the Arts and Culture Commission meetings of September 9, 2003 and October 14, 2003 were noted. 8164 Gang Task Force The minutes of the Gilroy Gang Task Force meetings of September 2,2003 9-2-03 and October 3,2003 were noted. 10-3-03 Library Com. 9-10-03 10-8-03 The minutes of the Library Commission meetings of September 10, 2003 and October 8,2003 were noted. P & R Com. The minutes of the Parks & Recreation Commission meeting of September 16, 9-16-03 2003 were noted. 9-16-04 Personnel Com. The minutes of the Personnel Commission meeting of October 13,2003 were 10-13-03 noted. Sr.Adv.Bd. 9-15-03 10-20-03 The minutes ofthe Senior Advisory Board meetings of September 15, 2003 and October 20, 2003 were noted. Youth Com. 9-8-03 10-13-03 The minutes of the Youth Commission meetings of September 8, 2003 and October 13, 2003 were noted. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Chris Cote noted that over 8,000 people die every day from AIDS. He noted the need for people to be tested for AIDS. Renee Bettencourt noted that she fell on a City sidewalk. She stated that the sidewalk near Las Animas Fire Station is lifted near La Alondra Street. She stated that the homeowner should repair the sidewalk so that children will not fall. She distributed pictures of the area. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 DECEMBER 2003 1 Reception for Outgoing and Incoming Mayor and Councilmembers - 6: 00 p.m., City Hall Foyer 1 *Regular City Council Meeting - 6:30 p.m., Gilroy City Council Chambers (NOTE TIME CHANGE) 8 Interviews for Boards/Commissions - 6:00 p.m., Senior Center Main Hall (NOTE CHANGE OF LOCATION) 9 SCRW A Meeting - 7:30 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 SCRWA 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 CouncillPlanning 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 14 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 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 I :00 p.m., Hilton Garden Inn, 6070 Monterey Street, Gilroy Adjournment 8165 20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 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 27 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 28 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers FEBRUARY 2004 2*Regular City Council Meeting - 7:00 p.m., Gilroy 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., Gilroy Senior Center 11 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 24 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy 24 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center 25 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers Mayor Pinheiro thanked the citizens of Gilroy for giving him the opportunity to be the Mayor of the City of Gilroy. He stated that he hopes to accomplish goals and overcome challenges with his colleagues as a team. He thanked his family for supporting him. Councilman Valiquette thanked everyone in the community for their support, including his family. He thanked his friend George Rowe, Mayor of the City of San Juan Bautista, and also his boss, Barbara Granter, for being here tonight. Councilman Correa thanked the citizens of Gilroy for their support, noting that there is a lot of work to be done. He thanked his family for their support and his campaign managers for their help. At 7:27 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~:Jcdc ))1-<' i ,/, /s/ RHONDA PELLIN, CMC City Clerk