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Minutes 2008/01/22 Community Development Director Rooney introduced new employee Charlie Krueger as a new Senior Civil Engineer. Recreation Manager Maria Deleon introduced employee Susan Voss as a newly promoted Recreation Coordinator and new employee Veronica Torrez as a new Recreation Coordinator. Introduction of Promoted and New Employees C. Introductions Item I.C.2.b. was pulled from the agenda. B. Orders of the Day Roll Call Present: Council Member Peter Arellano, Council Member Dion Bracco, Council Member Bob Dillon, Council Member Craig Gartman, Council Member Cat Tucker, Council Member Perry Woodward and Mayor AI Pinheiro City Clerk Freels stated that the agenda had been posed on January 16, 2008 at 4:45 p.m. Mayor Pinheiro led the Pledge of Allegiance. A. Call to Order at 7:00 p.m. I. OPENING City of Gilroy City Council Minutes Monday. January 22. 2008 ReQular MeetinQ 8773 8774 D. Presentations & Proclamations Javier Gonzalez, District Representative from Senator Elaine Alquist's office spoke on the newly established district office in the City of Gilroy and invited the Council to the soft opening. Joan Lacorte introduced Joan Perez Robinson, the artist of the 2007 City Purchase Award art piece, and shared her painting with the Council. Mayor Pinheiro presented the December 2007 Volunteer of the Month Award to Shirley Willard of the Public Art Committee. Mayor Pinheiro presented the Volunteer of the Month Award to Eric vonFerstmeyer of the Keep Gilroy Clean and Green Program. Mayor Pinheiro presented the Employee of the Month Award for December 2007 to Roy Shackel, Fire Captain. II. PUBLIC COMMENT A. BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Lee Weider spoke on the behalf of the Machado family regarding the traffic issues at their property at the highway 152 corridor, and he then shared a handout on the conditions at the property location. III. CONSENT CALENDAR Item III. A. minutes of December 17, 2007 were pulled from the Consent Calendar Motion on the Consent Calendar Motion was made by Council Member Dillon, seconded by Council Member Arellano and carried to approve Consent Calendar Items A, B, C, 0, E, F, G, H, I, J, K and L. A. Minutes of December 3. 2007 Regular Meeting B. Recommendation to Approve Budget AmendmentsfTransfers C. Proclamations for the Chamber of Commerce Citizen and Business Award recipients: Gary Bowe, Sherri Stuart, Tanglewood Construction, Inc., Gilroy Medical Pharmacy, Clayton Steffensen and John Perales D. Adoption of a Zoning Ordinance 2008-01 a Text Amendment to amend the Gilroy Zoning Ordinance, Sections 48.23 and 48.25, amending the City's non-conforming use policy to reduce the time limit from 1 (one) year to 120 days that would allow a non-conforming use to be re- installed after the previous use was terminated E. Resolution 2008-01 Approving a Tentative Map request to convert 6 (six) individual dwelling units on one parcel into 6 (six) residential lots on a property zoned R1 (Single Family Residential), located at 7581 Hanna Street, APN 799-19-038. Hanna Homes, c/o Shawn Sax. TM 07-06 F. Adoption of Ordinance 2008-02 of the City Council of the City of Gilroy Adopting the 2007 Edition of the California Fire Code, with Amendments and amending Section 10.9 and deleing Sections 10.11 - 10.16 of the Gilroy City Code G. Adoption of Ordinance 2008-03 of the City Council of the City of Gilroy Adopting the following codes: 2007 California Building (Vol. 1 and 2) , Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire Codes, 2007 California Existing Building Code with Appendices A2 and A3 of 2006 International Existing Building Code and 2006 International Property Maintenance Code and the 1997 Uniform Administrative Code; and amending Section 6.1 of Chapter 6 of the Gilroy City Code 8775 H. Approval of Transfer of Ownership of Youth Center Building on Sixth and Railroad Streets from Gilroy Gang Task Force to the City of Gilroy I. Notice of Acceptance of Completion, Property Improvement Agreement No. 2006- 10, Tract 9778 - Benassi Oaks Phase II, APN 808-01-012, Old Orchard Company J. Notice of Acceptance of Completion, Property Improvement Agreement No. 2005- 23, Tract 9768 - Willow Brook Subdivision (Sydney Court & Miller Avenue) APN 808-13-009 and 808-13-010, Neil Mussalem, Niles Development, LLC, Robinson, et al K. Appointment of Scot Smithee as Acting Police Chief effective January 25, 2008 L. Notice of Acceptance of Completion, 2007 Sewer Rehabilitation Project Hanna- Rosanna and Santa Theresa-Filice, Project No. 08-CDD-137 IV. BIDS AND PROPOSALS A. Approval of Bid for Gilroy City Hall Cooling Tower Replacement, Project No. 08- ASD-152 to Val's Plumbing & Heating Inc. in the amount of $73,529.00. Interim City Administrator Jatczak presented the item. Motion on Item IV.A. Motion was made by Council Member Arellano, seconded by Council Member Dillon and carried to award the bid. B. Approval of Bid for Interior Recoating of Reservoirs A & B, Project No. 08-CDD-150 to CB & I Constructors, Inc., in the amount of $970,985.00. Mayor Pinheiro stated that the cost of the bid of the item had been corrected. The item was presented by Interim City Administrator Jatczak. City Attorney Faber explained that the City had contacted the low bidder to inform them that they had not been the chosen bidder. Mayor Pinheiro asked if anyone from the RPI Company was present. There being no comment, the Council continued. Motion on Item IV. B. Motion was made by Council Member Dillon, seconded by Council Member Arellano and carried to approve the item. C. Approval of the Purchase of Self Contained Breathing Apparatus from L.N. Curtis & Sons in the amount of $48,604.69 The item was presented by Interim City Administrator Jatczak. Council Member Bracco asked if it was replacement apparatus, asking how old the current apparatus was. Interim City Administrator stated that some were new and some were replacement, which were to replacing 3-4 year old equipment. Council Member Bracco asked how often the equipment needed to be replaced. Fire Chief Foster explained that the life expectancy of the equipment was about 5 years, explaining that the additional purchase would bring all of the equipment to the same standard. He then explained the requirement to meet the hydrostatic test had to be met for the breathing apparatus. Council Member Arellano spoke on the one-source vendor asking if any other cities worked together to purchase the products at the same purchase time. 8776 Fire Chief Foster explained that the needed purchase was out of cycle with the normal combined purchase with other cities. Motion on Item IV.C. Motion was made by Council Member Bracco, seconded by Council Member Dillon and carried to approve the item. V. PUBLIC HEARINGS A. Tentative Map approval to create 104 residential condominium units from an existing apartment complex at 766 First Street, west of Miller Avenue, APN 808-13-001 and 007, Mission Park Apartments, c/o Terry Maas, TM 07-03 The Staff Report was presented by Planner II Polubinsky. Council Member Tucker spoke on the number of conversion projects coming before the City asking what staff was doing to compare to what other cities were doing on the issue. Planner II Polubinsky stated that there were more conversions due to higher vacancy rates for apartments and then spoke on the recently adopted condominium policy. Council Member Tucker asked what specific steps the Planning division was doing to compare the City of Gilroy to other cities on the issue of conversion and loss of rental properties. Planner II Polubinsky stated that there had been no comparison on the issue. City Attorney Faber stated that many cities regulated condominium conversions based on vacancy rates allowing no additional conversions beyond a certain percentage of rentals. Council Member Arellano spoke on the number of rentals in the City, asking for a regional balance of rentals throughout all areas of the City. Planner II Polubinsky stated that the area was one of the higher concentrations of apartments in the City. Council Member Arellano asked to see the mapping of apartment rentals throughout the City in each school area. The Public Hearing was opened. Terry Maas, the applicant, stated that he was available to speak on the project. The Public Hearing was closed. Council Member Tucker asked if the apartment tenants had been noticed of the public hearing. Planner II Polubinsky stated that the property owners within the project site had been noticed, and he believed the tenants of the apartment occupants were noticed. Mayor Pinheiro stated that there was a letter in the packet that went out to the tenants. Council Member Tucker asked if there was any resistance to the conversion at the Planning Commission hearing. Planner II Polubinsky stated that he had one neighbor speak at the Planning Commission meeting. Council Member Dillon asked if protests to the project were allowed to lodge their comments at the City Council Meeting as they had the opportunity at the Planning Commission meeting. 8777 City Attorney Faber explained that it was a public hearing before the City Council and the public had the opportunity to lodge their comments. Mayor Pinheiro explained that the letter stated that the requirements for noticing Council Member Arellano questioned that the tenants had been noticed as there was no one present at the public hearing. Ms. Maas explained that 11 months prior the property owner had held meetings and had invited each resident and then again the tenants had been noticed of the Planning Commission meeting. Council Member Arellano spoke on the number of rentals by school asking that staff bring the item back with a map of the number of rentals available in the school areas. Council Member Gartman spoke on the listings of rentals sharing the past issues with lack of rental properties in the City and explaining that the City was near to 5%. He then spoke on the housing crisis and need for rentals asking for a recent map of rentals in the City. Mayor Pinheiro asked if there was anything in place that showed the number of rentals on a regional basis stating that the majority of projects before the City were condominiums. Council Member Woodward spoke on the planning process explaining that there were possible problems with the mapping and vacancy study and not problems with the particular project. Mayor Pinheiro stated that the project had gone through the process using the existing rules as they stand explaining that the Council had shared concerns that were outside of the normal process and then asked that staff provide the Council with the detailed map and the process. Council Member Dillon stated that the applicant had gone through the planning process following the City set criteria and the Council was choosing to change direction. Mayor Pinheiro explained that the Council was asking staff to perform a regional review of rentals. Council Member Dillon asked if the applicant needed a vote that evening. Mr. Maas stated that they were willing to work with the City and didn't have a problem with the delay. He then stated that there was nothing in the ordinance on rentals by school boundaries but he was willing to work with the city. Council Member Woodward asked if there were deficiencies in the project from Staff's perceptive. Planner II Polubinsky stated that staff had brought the item before the Council because they belieyed it was complete. Council Member Arellano spoke on the approval process explaining that the Council made the decision after looking into the needs of the community and merits of the project. Council Member Tucker spoke on the map provided explaining that it was not adequate. Planner II Polubinsky stated that it had started as a color map and somewhere down the line it had become black and white. Council Member Woodward stated that an applicant should have a fair process and should not have unforeseen obligations imposed upon them at the Council level. 8778 Motion on Item V.A. Motion was made by Council Member Arellano, seconded by Council Member Dillon and carried to direct staff to bring the item back in 30 days with the additional data as requested by Council. Planner II Polubinsky asked if a new vacancy report was to be provided also. Mayor Pinheiro agreed. VI. UNFINISHED BUSINESS A. Resolution Approving a Tentative Map request to sub-divide 26.75 acres into 16 industrial lots locat4ed on the North side of Las Animas Avenue, just east of Monterey Road and just west of Murray Avenue, APN 835-05-006. Desmond Melia applicant. TM 07-01, Las Animas Industrial Subdivision. Motion on Item VI. A. Motion was made by Council Member Dillon, seconded by Council Member Arellano and carried to adopt Resolution No. 2008-02 approving TM 07-01. B. Gilroy Gardens Acquisition Mayor Pinheiro explained that there was a memo from the City Attorney's office at the dais. City Attorney Faber shared the staff memo. The Staff Report was presented by Interim City Administrator Jatczak. Council Member Tucker asked if the Council would be reviewing the delayed projects from the funds. Interim City Administrator Jatczak stated that the Center for the Arts would be moved to the fiscal year 2012-2013 and the library expansion would be moved out to 2015-2016 to accommodate the Gilroy Gardens acquisition. Council Member Tucker asked if anything else was being moved out. Interim City Administrator Jatczak stated that there were minor changes to specific projects that had been delayed on their own, with no impact from the Gilroy Gardens acquisition. Council Member Gartman asked how the City would handle the fund going negative the next three years. Co-Finance Director Murphy explained that revenue streams were being delayed and various projects pushed out, explaining that at the end of the 30-year budget, the City was exactly as it had been previously. She explained that typically, part of the budget study session was to look at those projects that had delayed revenue streams to determine which should be pushed out. Council Member Gartman spoke on the budget for the library explaining that it was only budgeted for 1/3 of what it was originally projected. He then asked how a fund with a negative balance forward would be paying back the other funds. Co-Finance Director Murphy explained that at the upcoming budget workshops, the Council would not see the deficit going forward but would see the projects and would show which projects could be done and which would need to be pushed out. She then spoke on the 2007 financial plan for fund 440 explaining that the 30 year projection held the difference. Council Member Gartman asked if things needed to be pulled out. Co-Finance Director Murphy explained that they would need to be shifted out as they could not all be done in the year planned. 8779 Council Member Gartman asked if the slow down in development revenues was impacting the project funding. Co-Finance Director Murphy agreed. Council Member Arellano asked if the draft before the Council was to show the fund without the adjustments made to it. Co-Finance Director Murphy agreed. Council Member Bracco asked if some of the projects on the list might not be built. Co-Finance Directory Murphy explained that there were items that fall below the line during the budget process explaining that the items before the Council were funded in the 2007 budget. Council Member Dillon stated that he wanted the City to purchase the property even if it was a strain on the budget. He shared his concerns regarding the rental charges and spoke against the requirement for a super majority vote, explaining that he did not agree with it. He then spoke against purchasing the equipment at the property explaining that it seemed to be a liability. Mayor Pinheiro explained that Gilroy Gardens had approached the City with the proposal of purchasing the project stating that the Council was trying to find a way to purchase the property as it was a good thing for the City. He then explained that the City Council needed to work as a team to find solutions to make it happen stating that the people from Gilroy Gardens were willing to work with the City. He then spoke on the need to provide a number for the insurance as nothing had previously been provided, but he was willing to work with the entire Council on it. Council Member Bracco stated that it was a good deal for the City and as a Board Member he knew the Board had no real sticking points. He then proposed dropping the super-majority from the agreement and suggesting the rent be 10%. He then explained that City staff could determine if the City held any liability with the equipment. Council Member Dillon asked if the purchase of the equipment could change in the closing if staff determined that there was excess liability in the purchase of it. City Attorney Faber explained that the City had looked into the purchase of the rolling stock and had decided not to purchase it. He explained that the City had to perform the due-diligence and could decide not to go forward with the purchase of the equipment. Council Member Bracco stated that the Dispatch had brought up the issue of sidewalks explaining that the City could not shift monies to fix the sidewalks as it was illegal to do so. He explained that the monies that were needed for the library and the arts center would far exceed what was being used for the purchase of Gilroy Gardens. He then spoke on the return of any profit back into the park and explained that the park was the largest employer of the City youth for summer jobs. He explained that any financial windfall that would go back to the City Parks and Recreation program and there would be more money to maintain the park. Motion on Item VI.B. Motion was made by Council Member Bracco, seconded by Council Member Tucker, authorizing the execution of (A) Purchase and Sale Agreement Between the City and Gilroy Gardens Family Theme Park, Inc. ("Gilroy Gardens") for purchase of property; (B) Single Tenant Lease to lease back the property to Gilroy Gardens for approximately two years; (C) Bond Purchase and Sale Agreement to purchase bonds from institutional investor; (D) Escrow Agreement for bond defeasance; (E) escrow instructions for closing the acquisition; and (F) other documents required to purchase and defease the bonds and to conclude the Acquisition. With amendments: to change the single tenant lease payment to 10% of the annual EBIDA and to remove the super majority requirement. Approval of update to financing plan previously adopted on December 17, 2007 (including approval of inter-fund loans) and authorization to expend monies for the S780 purchase price and costs and expenses necessary to carry out the transaction. This includes purchase of bonds from the institutional investor and possibly other bond holders, funding an escrow for the defeaseance of any outstanding bonds, and paying professional, legal and consulting fees and all costs. Council Member Arellano agreed with Council Member Bracco and spoke against the concept of the super majority and agreed with the 10% rental. Council Member Dillon asked if the Mayor was comfortable with dropping the super majority. Mayor Pinheiro stated that if there was a reason for the park to fold, he wanted to assure that it be a good reason for the Council to do. He then spoke on the need for Council discussion on any idea brought before the Council. Council Member Woodward asked for clarification on the motion asking if the payment was 10% of the park's EBIDA. Council Member Bracco agreed. Council Member Gartman asked what direction the Council was giving to Staff on the issue of the purchase of the park equipment. Council Member Bracco stated that he was accepting Staff's recommendation for the purchase of the equipment. Council Member Tucker stated that she believed that the purchase of the land was a great purchase for the City and she would vote against bailing out the park if they came to the City. She then spoke against the super majority vote, explaining that many members of the public had contacted her regarding their concerns with the super majority. Council Member Arellano asked where the 10% lease funding would go. City Attorney Faber explained that the lease payment would go to the general fund. Interim City Administrator Jatczak agreed that the lease payment would go to the general fund. City Attorney Faber asked the President of Gilroy Gardens, Mr. Kramer if the board was amenable to the modifications that the Council was proposing. Mr. Kramer agreed that they were. Council Member Bracco stated that Interim City Administrator Jatczak and the staff including the bond Counsel and Attorneys involved in the purchase process were wonderful to work with and had done a great job. Council Member Gartman stated that he had some issues of concern with the purchase agreement but was hoping that the park would flourish. Council Member Tucker asked if the Council would get a financial report. Mayor Pinheiro explained that there was a Council Member on the Board to bring issues of concern to the Council and explained that the Council would get copies of the financials. City Attorney Faber stated that the appropriate interpretation of the motion on the item was the Council was moving to adopt the resolution as stated on the agenda and approve the update to the financing plan as stated on the agenda with the amendments to add 10% as the lease amount and the removal of the super majority. Council Member Woodward asked for clarification if there would be no super majority and the lease would be amount would be 10% of the parks EBIDA per year. 8781 Continued Motion on Item VI.B. The motion was carried to adopt Resolution 2008-03 with a unanimous vote. Mayor Pinheiro thanked the Council for working through the item and suggested that the Dispatch contact Council Members for the complete story before printing partial stories. The Council took a 5 minute recess. VII. INTRODUCTION OF NEW BUSINESS A. Consideration of the City purchase and resale of one below market rate unit located in the Village Green Development Housing and Community Development Director Roaf presented the item. Council Member Tucker asked why the City got involved in the purchase. HCD Director Roaf explained that the developers of Village Green had signed agreements with the City of Gilroy to sell to low income buyers and the City had the ability to purchase the property for the restricted price. Council Member Tucker asked why the City was involved in the purchase the property. Mayor Pinheiro explained that the City had asked to keep it at an affordable level. Council Member Arellano explained that the City was trying to keep a stock of BMR properties for lower-income families to purchase. He then spoke on previous developers selling the homes at BMR and then the properties being sold again at market rate, Council Member Bracco asked if the property was still on the market to sell asking what the benefit to the City was as the market was continuing to fall. HCD Director Roaf explained that the price was more attractive and the City had the 90- day period to sell the property. Council Member Woodward spoke on the purchase and sale of the units asking how much money the City would loose on the sale. HCD Director Roaf stated that the City could loose up to $17,000 explaining that in future agreements the City could work out the agreement to cover the realtor costs and stated that it was still much less expensive than the City building the home. Mayor Pinheiro asked if the City could fold the $17,000 into the sale asking if there was a statement that didn't allow the city to add the costs. HCD Director Roaf explained that the City was tied to the sellers cost if not sold within the 60 days. Council Member Woodward asked if there were deed restrictions that kept the City from selling the home above a certain sale price. HCD Director Roaf agreed. Motion on Item VII. A. Motion was made by Council Member Arellano, seconded by Council Member Tucker and carried with a 6-1 vote, Council Member Bracco voting no. B. Architectural and Site Review approval to demolish an existing two-story un- reinforced masonry building and reconstruct a new building of similar size on .06 acres at 7511 Monterey Street, north of Fifth Street intersection, APN 799-06-054, Joseph & Dorothy Rizzuto, c/o Steye Ashford. AS 07-46. Council Member Woodward recused himself from the item explaining that the 8782 applicants Joseph & Dorothy Rizzuto were clients of his. He then left the Council Chambers. The staff report was presented by Planner II Polubinsky. Council Member Dillon asked if the consultant would be on site during the entire demolition. Planner II Polubinsky stated that it would be documented and they would not need to be on site the entire time. He then explained that the Gilroy Museum could provide the service. Council Member Tucker asked what the HHC reasoning for an archeologist. Council Member Bracco explained that he hadn't been provide with his materials prior to the meeting and explained that he didn't see why the builder should hire someone to look at the demolition. Council Member Dillon stated that for one day it would not be too onerous for someone to be on site during the demolition. He then explained that the President of the Historical Society was mostly concerned with the exterior fat;ade of the building. Council Member Arellano spoke on the need for the discussion of fat;ade during the upcoming Council summit so that the downtown not be developed to look like a strip mall. Council Member Bracco spoke on the design book of the downtown buildings that was provided to him as a member of the Historic Heritage Committee. Council Member Tucker stated that the design could be a little less plain. Mayor Pinheiro stated that not all of the buildings needed to be restored to their original fat;ade and a blending in of the historic facades could be done. Council Member Gartman spoke on the aluminum window frames suggesting that the applicant use wood or have an appearance of wood on the windows and the doors. Motion on Item VII.B. Motion was made by Council Member Bracco, seconded by Council Member Tucker and carried to approve the item with the amendment to the window and door frames. The motion carried with a 6-0-1 vote, Council Member Woodward absent. C. Architectural and Site Review approval to construct a Walgreens store (14,469 square feet) and other retail building (6,105 square feet) east of Blockbuster Video at the corner of Wren Avenue and First Street at 770 and 776 First Street, APN 808- 12-011, Glen Lorna Group/Craig Filice. AS 07-34. The Staff report was presented by Planner II Polubinsky. Council Member Arellano asked if there was a slide of the project site asking how the First Street configuration would work as there was no turning lane. Planner II Polubinsky explained that the Blockbuster entrance would remain the same, right turn in and right turn out. Transportation Engineer Dey explained that there was no attempt to modify the driveway or circulation as the placement of the driveway could not meet all of the safety standards with a left turn. He then shared the legal access from the left. Council Member Arellano asked if a middle left turn lane would be designed. Engineer Dey stated that it would be developed as a full left-turn lane. Council Member Arellano asked if people leaving Walgreens could turn left on First Street going west. 8783 Engineer Dey stated that they would be able to. Council Member Arellano spoke on the traffic in the area asking if it was going to work. Engineer Dey stated that study was done on the size of the property and need for clear visibility and gap between signals. Mayor Pinheiro spoke on the inability to travel East coming out of the Nob Hill shopping center. Engineer Dey stated that he did not know all of the issues generated during the design of Nob Hill. Council Member Tucker asked why the project was a PUD. Planner II Polubinsky explained that the PUD was deyeloped by Council as the property was a high visibility location. Council Member Tucker asked what the added amenities were to the project. Planner II Polubinsky stated that there were no added amenities other than that the development was all being built the same. Council Member Tucker spoke on the monument size. Planner II Polubinsky stated that there were height limitations explaining that they could not be build bigger than seven feet. Council Member Arellano asked if there were an estimated number of shops. Planner II Polubinsky stated that the number of shops had not been determined. Public comment Council Member Arellano spoke on moving the parking to the back. Tom Boyd, representing the owner, spoke on the typical use of parking explaining that there would be something on the right side of the building. Council Member Arellano spoke on parking in the rear of shops, explaining that the visibility was better for the store. Mr. Boyd explained that if customers did not see the parking, they would not find it. He then spoke on the entrances at Blockbuster. Council Member Arellano spoke on providing parking in the rear explaining that there would be better upkeep of the rear of the buildings. Council Member Woodward asked if there would be driye through access. Mr. Boyd explained that there would be a drive through pharmacy and there would be a 14 foot clearance beyond the drive through lane for public safety access. Council Member Woodward asked the back of the building could be stucco explaining that the walls would be high visibility. Mr. Boyd explained that the majority of the building would be stucco except for the back of the building as that was how Walgreens designed their buildings. Mayor Pinheiro explained that property owners behind the building would look at the exposed back of the building. He then explained that regardless of how Walgreens built their buildings, the project was in the City of Gilroy and would need to be designed as the City approyed the project. 8784 Council Member Woodward spoke on the property owner's responsibility for upkeep of the south sound wall between the project site and the homes. Mr. Boyd explained that he did not have confirmation of the issue but the Glen Lorna Group was responsible for the maintenance on the North side of the wall. Council Member Woodward asked if it would be an issue if it were made a condition of the approval for the upkeep on the north side of the wall. Mr. Boyd stated that he didn't believe it would be an issue and spoke on the plans to plant vines alongside the wall. Council Member Woodward asked if there would be any landscaping along the wall area. Mr. Boyd explained that the intent was to plant the vines along the wall explaining that it could be something else. He then stated that the vines went all the way along the wall to the east end abutment to the apartments. Council Member Arellano asked if the project was Architectural & Site approval for both buildings explaining that the Council only had one set of plans. He then asked if there was any fac;ade plans for the second building. Mr. Boyd explained that the entire building was fully designed and would be stucco explaining that there were plans submitted, which must not have made it to Council. He then explained that the design was similar to the Blockbuster building. Council Member Arellano stated that he wanted to see what the building looked like. Council Member Tucker asked if there were any concerns about designing a right turn only. Mr. Boyd spoke on his work with CalTrans and staff on the issue explaining that there were 13 different site plans. Planner II Polubinsky provided the site plans for the second building. Mr. Boyd shared the sidewalks around the building explaining that it was 3 feet at some points and 4 feet at others. Council Member Arellano spoke on the need for a sidewalk in the area. Planner II Polubinsky explained that it was planned to be put in as a requirement of the code. Mr. Boyd explained that the sidewalk. Planner II Polubinsky explained that the project could not be put in without the sidewalk. Council Member Arellano asked if the second building would be stucco all the way around. Mr. Boyd stated that it would be. Council Member Gartman spoke on the east side of the project stating that it was bland. He then spoke on the need for a planting area around the sidewall explaining that it did not show well on the plan. He then asked that the plan be amended and brought back to the Council. Mr. Boyd explained that there was also a landscape plan that had been submitted that went along with the project but the Council had not gotten copies. Betty Siemer President of the Oak Commons Home Owners Association, Betty Siemer and Cecelia Stamps, another home owner, spoke on the ownership of the homes behind the proposed project and need for a fence at the entrance to their property. 8785 They then spoke on the sound wall sharing the easement between Oak Commons and Filice and the individual homeowner's responsibility for their individual sections of the wall. She spoke on the need for barriers to prevent cars and trucks from hitting the wall such as curbs and poles. Ms. Stamps spoke on the need for an evergreen type tree planted because of the root system explaining that it would help deter people from climbing the wall. Ms. Siemer spoke on the need to exit and enter and traffic concerns. Mayor Pinheiro asked if there was any outreach done with the community or if they had received anything regarding the Planning Commission meeting. Ms. Siemer and Ms. Stamps stated that there had not been any outreach explaining that they had received a letter regarding the City Council meeting, but had not received anything on the Planning Commission hearing. Mayor Pinheiro explained that the item went to the Planning Commission and there had to be noticing for the meeting. Planner II Polubinsky stated that there was one notice that went out for both the Planning Commission and City Council meeting. Council Member Tucker expressed concern that only the property owners closest to the project were noticed and not all of the Oak Commons property owners. Mayor Pinheiro explained that the notice was 300 feet from the property line. Planner II Polubinsky stated that he could proYide a copy of the notice. Mayor Pinheiro stated that he would have hoped the applicant would have done some outreach with the affected property owners explaining that there were some standards that the City would follow but he did not believe that the Council would want to go over all of the requested changes prior to the applicant and home owner's discussions. Council Member Woodward agreed stating that he believed the item should be brought back. Council Member Dillon agreed. Mayor Pinheiro explained that it would be best for the property owners to discuss their concerns and issues with the applicant and then have the item return to the Council. Council Member Arellano spoke agreed with having the applicant do the outreach. Ms. Siemer stated that the Oak Commons property owners also had a storm drain, sewer drain easement on the southeast side of their property from the Glen Lorna property asking who was responsible for the upkeep of the drains. Mr. Boyd stated that it was unfortunate that the Council did not get the entire package as the engineering designs included the changes for the storm and sewer drain concerns. Mayor Pinheiro asked that the applicant return after holding outreach with the homeowners association. Motion on Item VII.C. Motion was made by Council Member Bracco, seconded by Council Member Tucker and carried to continue the item for 4 weeks. D. Acceptance of the Downtown Parking Management Plan Transportation Engineer Dey presented the item. Council Member Arellano asked if staff had gone to the downtown area and looked at the parking issues sharing the difficulty during bingo night at the Veterans Hall. He explained that the loading zone location would not be functional especially during the weekends. He spoke against taking parking from businesses in the downtown areas. 8786 Engineer Dey spoke on the request to return the loading zone on Monterey Street sharing the concerns of the downtown business association with the concept. He then suggested added loading zones on the alley ways as the parking was important in the downtown areas. Mayor Pinheiro agreed with the truck unloading issues in the downtown areas. Council Member Tucker asked why the proposal for 15 minute parking in the downtown areas. Engineer Dey stated that the 15 minute parking on Monterey was not suggested explaining that the street corner areas were recommended for the 15 minute parking areas. Mayor Pinheiro spoke on the downtown meetings explaining that the 15 minute parking was an accepted suggestion. Council Member Woodward stated that he owned a property in the parking study area but he did not feel he needed to recuse himself as the item affected the community at large. Engineer Dey stated that the corner of Lewis and Monterey had also been included in the study but the recommendation had been to not place the 15 minute restriction. Council Member Arellano spoke on the corner of Sixth Street and Monterey sharing the curb near the 15 minute parking and explaining that the location needed to be looked at as the parking would be highly affected. Engineer Dey spoke on the 40 foot loading/unloading zone needs for the area. Council Member Arellano spoke on the difficulties with driving in the area of the intersection. Engineer Dey stated that they were trying to service the building. Mayor Pinheiro suggested flip-flopping the two zones. Engineer Dey spoke on the streetscape design sharing the changes in the curbs. Larry Cope of EDC spoke in support of the loading zone explaining that the truck loading and unloading was tight at the north end of Monterey and suggesting loading zones on Lewis or Marin streets. He then agreed with the flip of the two zones as the Mayor had suggested. Engineer Dey explained that he would need to look at the suggestions. Mayor Pinheiro suggested that the item be returned to Council after the downtown forums. Council Member Arellano asked if all of the downtown occupants received the notice of the downtown forums in both English and Spanish. Mayor Pinheiro explained that they did. VIII. INTERIM CITY ADMINISTRATOR'S REPORT There was no report. IX. CITY ATTORNEY'S REPORTS There was no report. X. REPORTS OF COUNCIL MEMBERS 8787 Council Member Gartman reminded everyone to get out and vote at the upcoming election. Council Member Tucker spoke on the upcoming presentation by the Business Bureau for the Policy Summit. Council Member Dillon stated that SCRWA was running smoothly. XI. MAYOR'S REPORT Mayor Pinheiro explained that the Cities Association Board had appointed Council Member Tucker to the Recycling and Waste Reduction Commission and himself to the LAFCO Alternate position. He then spoke on the plans for upcoming Cities Association goals and shared the VTA board membership and the request for Morgan Hill Council Member Sellers to look at alternatives to board membership for south county. He then invited the public to the Council Policy Summit January 26th to January 28th. ,I