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Minutes 2008/05/05 8836 City of Gilroy City Council Minutes Monday, May 5, 2008 I. OPENING Mayor Pinheiro called the meeting to order at 7:10 p.m. Mayor Pinheiro led the Pledge of Allegiance City Clerk Freels reported that the agenda had been posted on April 30, 2008 at 12:00 p.m. Roll Call Present: Council Member Peter Arellano, Council Member Bob Dillon, Council Member Craig Gartman, Council Member Cat Tucker, Council Member Perry Woodward and Mayor AI Pinheiro Absent: Council Member Dion Bracco Mayor Pinheiro announced that item 1I1.A. the approval of Minutes of the April 21, 2008 Regular Meeting and April 16, 2008 Special Meeting would be pulled from the agenda to the May 19, 2008 meeting. C. Ceremonial Items Mayor Pinheiro introduced Thomas Haglund, the new City Administrator and gave him his oath of office. D. Presentations & Proclamations Connie Rodgers of the Historical Society presented Chief Foster and the City with the Donation of a 1923 Seagrave Fire Engine Motion on Item 1.0.1. Motion was made by Council Member Arellano, seconded by Council Member Tucker and carried (Council Member Bracco absent) to accept the donation from the Historical Society of a 1923 Seagrave Fire Engine Mayor Pinheiro presented a letter of congratulations to Rocco Lombard in honor of hi~ achievement of the Boy Scout Eagle Scout Award Jane Howard, president of the Gilroy Rotary Club and the AM Rotary Club President presented a donation to the City Arts and Culture Commission in the amount of $25,000 for a Downtown Sculpture project, entitled "Hospitality - John Cameron Gilroy Karen LaCorte of the Arts and Culture Commission and Shirley Willard of the Public Arts Committee spoke on the donation to the Arts and Culture Commission. Ms. Wtftard introduced the members of the Public Arts Committee. Motion on Item 1.0.3. Motion was made by Council flember Dillon, seconded by Council Member Arellano and carried (Council Member Bracco absent) to accept the donation from the Gilroy Rotary Club and the A.M. Rotary Club of a Donation to the City Arts and Culture Commission in the amount of $25,000 for Downtown Sculpture project, entitled "Hospitality - John Cameron Gilroy Karen LaCorte of the Arts and Culture Commission gave the annual report of activities of the Commission and introduceQ the members of the Commission and Arts Ambassadors. 8837 Mayor Pinheiro spoke on the proclamation naming May 11-17, 2008 as National Hospital Week that would be presented Monday, May 1ih at 8:00 a.m. at Saint Louise Hospital. II. PRESENTATIONS A. BY MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA, BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL. There were no public comments on items not on the agenda. III. CONSENT CALENDAR B. Recommendation to Approve Budget Transfers/Amendments C. Approval of Higher Classification Pay for Interim City Administrator Anna Jatczak D. Approval of the Request to Surplus Furniture and Equipment E. Claim of Luz Bollinger (Interim City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of claims) F. Claim of Michael Johnson (Interim City Administrator recommends a "yes" vote under the Consent Calendar shall constitute the denial of claims) Motion on the Consent Calendar Motion was made by council member Arellano, seconded by Council Member Dillon and carried (Council Member Bracco absent) to approve the Consent Calendar items B through F. IV. BIDS AND PROPOSALS There were no bids or proposals. V. PUBLIC HEARINGS A. Public Hearing on the Neighborhood Revitalization Strategy Renewal for Program Years 2008-2012 The Staff report was presented by Housing and Community Development Grant Manager Marilyn Roaf. Council Member Tucker asked for the detail of the boundary. HCD Grant Manager Roaf shared the detail of the boundary of the areas, explaining that it was mainly the neighborhoods which surrounded the downtown. Council Member Tucker asked if the monies were designated only for those areas. HCD Grant Manager Roaf stated that they were, explaining that there had been some desire to expand the area but HUD had given direction to keep the areas tightened in to provide a better evaluation of the results. The Public Hearing was opened. There being no comment, the public hearing was closed. Motion on Item V.A. Motion was made by Council Member Dillon, seconded by Council Member Arellano and carried (Council Member Bracco absent) to approve the 8838 neighborhood revitalization strategy and renewal of program years 2008-2012. B. Public Hearing for the 2008 Program Year Community Development Block Grant Funding Allocations (One-Year Action Plan) The Staff report was presented by Housing and Community Development Grant Manager Marilyn Roaf. Council Member Tucker asked if all of the high priority areas were being funded. HCD Manager Roaf explained that they would if the funding was available, explaining that there were collaborations of funding. Council Member Tucker asked if all of the goals would be met. HCD Manager Roaf stated that they would within the 5 year period. The Public Hearing was opened. There being no comment the Public Hearing was closed. Motion on Item V.B. Motion was made by Council Member Arellano, seconded by Council Member Tucker and carried (Council Member Bracco absent) to approve the 2008 Program Year Community Development Block Grant allocations (One-Year Action Plan). VI. UNFINISHED BUSINESS A. Adoption of a Resolution of the City Council of the City of Gilroy Approving AHE 07-01, an Application for an Affordable Housing Project Exemption from the Residential Development Ordinance, for Property Located at 6300 Monterey Road, APN 808-21-033 (South West Corner of Luchessa Road and Monterey Road), Luchessa Road, LLC c/o Michael McDermott, AHE 07-01 [Heard April 21, 2008 with an affirmative vote of 5-1-1 (Mayor Pinheiro voting no and Council Member Bracco absent)] Motion on Item VI.A. Motion was m,de by Council Member Dillon, seconded by Council Member Arellano and carried (Mayor Pinheiro voting no and Council Member Bracco absent) to Adopt Resolution 2008-19 of the City Council of the City of Gilroy Approving AHE 07-01, an Application for an Affordable Housing Project Exemption from the Residential Development Ordinance, for Property Located at 6300 Monterey Road, APN 808-21-033 Mayor Pinheiro stated that it was in support of the project, but had not voted for approval because the negotiations for the piece of property were not in place. VII. INTRODUCTION OF NEW BUSINESS There were no New Business items. VIII. CITY ADMINISTRATOR'S REPORTS Assistant City Administrator Jatczak presented a brief update on the Library Expansion Project sharing the RFP process and campaigning and outreach efforts stating that an additional survey would take place in July. IX. CITY ATTORNEY'S REPORTS There was no report. X. REPORTS OF COUNCIL MEMBERS 8839 Council Member Gartman spoke on the Santa Clara Valley Water District Council meeting explaining that the board had given unanimous support to the increase of the agriculture water. He explained that the City of Gilroy, as the largest user of re-c1aimed water, should take a stance as it was becoming an incredible expense to use. He suggested that the City send a message to the Water Board on the City's goal to support agriculture. Mayor Pinheiro spoke on SCRWA deliberations on the increase. Assistant City Administrator Jatczak explained that the City had sent a letter to the Water Board as did SCRWA sharing the City's concerns with the increase to reclaimed water rates and ground water rate increases. She then suggested that the information provided to SCRWA be provided to the City Council. Council Member Arellano spoke on the tour to SCRWA asking why the reclaimed water had to be pre-treated before used to water grass. Council Member Gartman explained that it had to do with the PH balance explaining that the chemicals used to treat the water were a huge expense. Mayor Pinheiro stated that SCRWA had asked that the Water District address the increase in tertiary treated water charges. Council Member Gartman suggested that the City get away from the Water District. Council Member Tucker spoke on the League of California Cities Conference asking if the Planning Commissioners could attend the Planning Commissioners conference explaining that it was very educational. Mayor Pinheiro suggested that the Council address the item during the prioritizing workshop or at the budget workshop. XI. MAYOR'S REPORT A. Street Vendors Selling Without Permits Mayor Pinheiro spoke on a phone call he had received recently on street vendors explaining that the Police Department had not been enforcing the permits. Assistant City Administrator Jatczak explained that the Police Department was activating enforcement. Council Member Arellano spoke on the various types of vending. Assistant City Administrator Jatczak explained that there were permits available. Council Member Woodward asked if the vendors had to have the permits. Assistant City Administrator Jatczak stated that they were available through PD. Council Member Arellano spoke on the various types of permits for street vending. Assistant City Administrator Jatczak explained that the mobile street vendors were the concern. Council Member Woodward asked what the requirements were for street vending such as insurance. Assistant City Administrator Jatczak stated that she did not know but would follow up on the requirements. Mayor Pinheiro asked the Council if they agreed to enforcement of the ordinance. 8840 The Council all agreed. B. Appointment of a Council Member as the County Habitat Conservation Plan Representative Mayor Pinheiro motioned to appointed Council Member Woodward as the representative and Council Member Tucker as the alternate to the County Habitat Conservation Plan Group, The Council voted to approve the appointment. There was a discussion regarding the next meeting time and dates. Assistant City Administrator Jatczak explained that on May 1ih, the Mayor would be holding his State of the City address. Mayor Pinheiro spoke on the email he had forwarded from Jaime Rosso explaining that he would like to get Council direction on looking at the ordinance. Council Member Tucker suggested the Council look at the ordinance and the possibility of flexibility. Mayor Pinheiro suggested that the item be added to the May 10th agenda. The Council Members agreed. Mayor Pinheiro spoke on the 20 year anniversary of Sister City Takko Machi and their pending visit for the Garlic Festival, Japan and then spoke on the visit from Sister City Tecate, Mexico. He then spoke on the VT A governance process explaining that the south county seat was still in negotiations possibly for the next 3 months. XII. ADJOURNMENT at 8:25 to the MEETING OF MAY 19, 2008 ~