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Minutes 1999/12/20 7 " ~- -. ... '^i '.) ..1 Regular Meeting December 20, 1999 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Posting Agenda The City Clerk noted that the Agenda had been posted on December 16, 1999 at 2:42 p.m. Roll Call Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S. Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, Thomas W. Springer - 7:03 p.m. Emp. Award The Mayor presented the Employee Award for the Month of November, 1999, to Kelly Stice, Clerk Typist I, Police Department. Proc. Al Slechta The Mayor presented a proclamation to Al Slechta for Al Slechta Day, Day December 20, 1999, on his retirement. Consent Calendar Motion was made by Councilman Morales, seconded by Councilmember Arellano and carried that the following items under the Consent Calendar be approved, by the following Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S. Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W. Springer: Budget Amendments/Transfers as recommended; Accepted Water System Telemetering (SCADA) (Project No. 98-CDD-494); Res. 99-88 Adopted Resolution 99-88 establishing an all-way stop at the intersection of Carmel Street and Second Street in the City of Gilroy pursuant to Section 15.40 of the City Code; RESOLUTION NO. 99-88 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF CARMEL STREET AND SECOND STREET IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE. PASSED AND ADOPTED this 20th day of December, 1999, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERS: NONE Res. 99-89 Adopted Resolution No. 99-89 establishing an all-way stop at the intersection of Maple Street and Seventh Street in the City of Gilroy pursuant to Section 15.40 of the City Code; RESOLUTION NO. 99-89 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF MAPLE STREET AND SEVENTH STREET IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE, PASSED AND ADOPTED this 20th day of December, 1999, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 7,1'-' '1' ]"1 Res. 99-90 Adopted Resolution No. 99-90 authorizing officers who may accept and consent to the acceptance of deeds or grants to the City of Gilroy and consent to the recordation thereof. RESOLUTION NO. 99-90 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING OFFICERS WHO MAY ACCEPT AND CONSENT TO THE ACCEPT ANCE OF DEEDS OR GRANTS TO THE CITY OF GILROY AND CONSENT TO THE RECORDATION THEREOF. PASSED AND ADOPTED this 20th day of December, 1999, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERS: NONE Minutes Minutes of the Regular Council Meeting of December 6, 1999. Admin. Services Mike Dorn, Administrative Services Director, reviewed Y2K and the updating Dept. Report of the computer systems. He distributed the audit report, noting that there was no letter of exceptions to the audit, making it the cleanest audit we have received in many years. He also reviewed the investment report and policy, The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. Investment Policy The Mayor noted a request to adopt the City of Gilroy Investment Policy for 2000. The staff report was noted and further explained by Administrative Services Director Dorn. Motion was made by Councilman Sudol, seconded by Councilman Morales and carried to adopt the City of Gilroy Investment Policy for 2000, with amended wording that if the 30 day or less funds fall below 20%, the Council is to be made aware of it. The Mayor returned to the regular order of the agenda. Bid-Santa Teresa The City Administrator presented recommendations to negotiate a contract Rd.Widening with Robert Bein, William Frost & Associates as a consultant for Santa Teresa & Mantelli Road Widening and Mantelli Drive Gap Closure (RFP-CDD-261) in the amount of Drive Gap $288,565.00, and if that is unsuccessful to negotiate a contract with CCS Planning & Engineering, Inc. in the amount of $549,270.00. Traffic Engineer Abrams reviewed the selection process. Motion was made by Councilman Sudol, seconded by Councilmember Arellano and carried to negotiate a contract with Robert Bein, William Frost & Associates as a consultant for Santa Teresa Road Widening and Mantelli Drive Gap Closure (RFP-CDD-261) in the amount of $288,565.00, and if that is unsuccessful to negotiate a contract with CCS Planning & Engineering, Inc. in the amount of $549,270.00, and to bring the final contract back to Council for final approval. Bid-Standby The City Administrator presented recommendations to award a bid for Power at Standby Power at Wells 2,4,6 & 7 (Project No. 99-CDD-515) to Central Electric Wells 2,4,6&7 Co. in the amount of$594,133.00. Motion was made by Councilmember Arellano, seconded by Councilman Morales and carried to award a bid for Standby Power at Wells 2,4,6 & 7 (Project No. 99-CDD-515) to Central Electric Co. in the amount of$594,133.00. 7 A r ,.." "I ) ,) Pub. Hearing Z 98-07 The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Zoning Ordinance Text Amendment request to amend Zoning Ordinance Section 37 Sign Regulations, to set forth standards for Regional Commercial Uses. City of Gilroy, applicant, Z 98-07. The staff report was noted and further explained by Planner II Durkin. The Mayor opened the Public Hearing. Bill Lindsteadt stated a concern with item #4 of the Statement of Intent, noting that the 2/3s requirement should be changed to 50%. The Mayor closed the Public Hearing. Motion was made by Councilmember Arellano, seconded by Councilman Morales and the motion failed (Councilmembers Pinheiro, Sudol, Velasco, and Springer voting no) to direct staff to prepare an ordinance approving Z 98-07 as recommended with two amendments by staff under Statement of Intent and Building and Freestanding Signage, and one amendment by Councilman Pinheiro regarding the extension of the allowed location of the development to go south of the Princevalle Storm drain. Motion was made by Councilmember Arellano, seconded by Councilman Morales and the motion failed (Councilmembers Pinheiro, Sudol, Velasco, and Springer voting no) to direct staff to prepare an ordinance approving Z 98-07 as recommend6ed with two amendments by staff under Statement ofIntent and Building and Freestanding Signage, one amendment by Councilman Pinheiro regarding the extension of the allowed location of the development to go south of the Princevalle Storm drain, and that 65% of their customers come from outside of Gilroy. Motion was made by Councilman Sudol, seconded by Councilman Pinheiro and carried (Councilmembers G. Arellano, P. Arellano, and Morales voting no) to direct staff to prepare an ordinance approving Z 98-07 as recommended with two amendments by staff under Statement of Intent and Building and Freestanding Signage, one amendment by Councilman Pinheiro regarding the extension of the allowed location of the development to go south of the Princevalle Storm drain, and that a majority of their customers come from outside of Gilroy. At 9:56 p.m. the Mayor called a five minute recess, after which he recalled the meeting to order. Z 99-05 The Mayor noted an Ordinance of the City Council of the City of Gilroy amending Section 18.30 (Commercial Use Table), Section 34.43 (Fences and Obstructions), and Section 35.20 (Antennas and Windmills) ofthe Gilroy Zoning Ordinance, Z 99-05, City of Gilroy, applicant. Motion was made by Councilmember Arellano, seconded by Councilman Sudol 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 Sudol, seconded by Councilman Morales and carried to introduce the ordinance approving the Zoning Ordinance text amendment. Bd./Com, The Mayor noted discussion for appointments of Board Members and Appointments Commissioners for terms expiring December 3 1, 1999 and unexpired vacancies. David Collier Motion was made by Councilman Sudol, seconded by Councilmember Arellano and carried to accept with regrets the resignation of Planning Commissioner David Collier. 7 4 IS t) Motion was made by Councilmember Arellano, seconded by Councilman Morales and carried to appoint Jesse Garcia to the Arts and Culture Commission. Motion was made by Councilmember Arellano, seconded by Councilman Sudol and carried to appoint Eileen F. Kopp to the Library Commission. Motion was made by Councilmember Arellano, seconded by Councilman Morales and carried (Councilman Sudol voting no) to appoint Joan M. Lewis and Belinda Allen to full terms and John Ceballos to a part term on the Planning Commission. Motion was made by Councilmember Arellano, seconded by Councilman Morales and carried to appoint Huldah Champion to a part term on the Planning Commission. Motion was made by Councilman Sudol, seconded by Councilmember Arellano and carried to appoint Alicia Bollesen and Ermelindo Puente to full terms and Albert Roybal to a part term on the Parks and Recreation Commission. Motion was made by Councilmember Arellano, seconded by Councilman Morales and carried to appoint Joe Gamboa to the Building Board of Appeals. Motion was made by Councilman Sudol, seconded by Councilmember Arellano and carried to appoint Sherrean Carr to the Physically Challenged Board of Appeals. The Mayor noted that there were two additional openings on the Physically Challenged Board of Appeals and that one application has been received. He stated that appointment to these openings will be on the next agenda, and encouraged citizens to apply for this board. Chapter 13 The Mayor noted an Emergency Ordinance of the City Council of the City of Gilroy amending Chapter 13, Article V, Section 13.45, regarding revocation, modification, or suspension of licenses; violation; notice; hearing. The staff report was noted and further explained by City Attorney Callon. Ord. 99-?4 Motion was made by Councilman Sudol, seconded by Councilman Pinheiro and carried to adopt Ordinance No. 99-24. ORDINANCE NO. 99-24 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 13, ARTICLE V, SECTION 13.45, REGARDING REVOCATION, MODWICATION, OR SUSPENSION OF LICENSES; VIOLATION; NOTICE; HEARING. PASSED AND ADOPTED this 20th day of December, 1999, by the following vote; AYES: COUNCILMEMBERS: MORALES, PINHEIRO, SUDOL, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO ABSENT:COUNCILMEMBERS: NONE Chapter 13 The Mayor noted an Ordinance of the City Council of the City of Gilroy amending Chapter 13, Article V, Section 13.45, regarding revocation, modification, or suspension of licenses; violation; notice; hearing. Motion was made by Councilman Sudol, seconded by Councilman Pinheiro 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. 7 A. r:;, .., t..i \ I , '.1 ' Motion was made by Councilman Sudol, seconded by Councilman Pinheiro and carried (Councilmembers G. Arellano and P. Arellano voting no) to introduce the ordinance amending Chapter 13, Article V, Section 13.45 of the Gilroy City Code, regarding revocation, modification, or suspension oflicenses; violation; notice; hearing. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Bill Lindsteadt, Economic Development Director, questioned how the zoning will change to reflect the new General Plan. The City Attorney noted that as a Charter City, Gilroy is not required to bring the Zoning into conformance with the General Plan. The City could initiate a zone change request on properties, or property owners could request a zone change request. After further clarification, it was noted that Mr. Lindsteadt was referring to property General Plan designations, and it was noted that letters should be, and have been, submitted during the General Plan review. The following information items were noted with no separate discussion on same. Legislation: League of California Cities Legislative Bulletin #34-1999 dated December 6, 1999. Customer Service: E-mail of thanks from Rick Brandini to Bob Bozzo, Bob Lewis, Randy Newell, Mike Blundo, and Adriana Vasquez for their assistance administering the practical exam for the Facilities Maintenance Specialist position; Note of thanks from Suellen Rowlison to Jay Baksa, Rhonda Pellin, Theresa Marquez, etal for the reception and gifts as she completed her Council term; Note of thanks from Lis Gifford to Jay Baksa, Rhonda Pellin, and the entire Gilroy staff for all the help and guidance during her Council term; Letter of thanks from William M. Lansdowne, Chief of Police, City of San Jose, to the Gilroy Police Department for attendance at City of San Jose Police Officer Desmond Casey's funeral; Letter of appreciation from Serena Chaput to Carol Ponzini for assistance in gathering police records; Record of Commendable Action from Sgt. Joe Ramirez to Officer John Marfia for developing information on a potential prostitution ring; and Letter of thanks from Noel Provost, GHS Instructor and members of the GHS Law Enforcement Class-Fall Semester to Sgt. Daniel Castaneda for his presentation to the class. Informational items: Letter from Lydia F. Engdol, Department of Alcoholic Beverage Control, noting a 15 day license suspension for Stop & Shop Market, 150 Leavesley Road; League of California Cities resolutions approved at the 101 st annual conference in San Jose, California October 10-12, 1999; 7458 Letter from Mayor Springer to Supervisor Don Gage requesting the Board of Supervisors expedite resolution of the Gilroy Family Resource Center matter; United States Census 2000 announcing January 7, 2000 for a Census 2000 celebration in Sunnyvale; Gilroy Economic Development Corporation minutes of November 19, 1999; Gilroy Visitors Bureau Advisory Council minutes of November 10, 1999, Director activity reports, and balance sheet as of October 31, 1999; and Memorandum from San Mateo County Transit District regarding SamTrans and Caltrain Service on 12/31/99 and 1/1/00. Personnel Com. The minutes of the Personnel Commission meetings of October 11, 1999 and 10-11-99 & November 8, 1999 were noted. 11-8-99 Planning Com. The minutes of the Planning Commission meetings of October 14, 1999 and 10-14-99 & October 28, 1999 were noted. 10-28-99 The City Administrator distributed a schedule for the second orientation for the new councilmembers for January 5, 2000. He distributed a holiday vacation schedule for staff members. He noted that the City is not opening the Emergency Operations Center for New Years Eve, but staffis on call, and the Police Department will be fully staffed. He noted General Plan update documents that have been distributed for review. He wished everyone a Merry Christmas and a Happy New Year. The City Attorney noted a letter from herself to Lydia F. Engdol, Department of Alcoholic Beverage Control, regarding violations of State liquor laws by retail licensees in the City of Gilroy; request for stricter penalties. The City Attorney noted a request to join in Amicus Brief in the matter of Lion's Lair Enterprises v. County of Riverside, California Court of Appeal, Fourth District Division Two, Case #E024277, regarding "takings" issue in connection with subdivision condition. Motion was made by Councilmember Arellano, seconded by Councilman Morales and carried to join the amicus brief The Mayor noted a request to schedule a community outreach meeting or call- in session. Consensus of the Council was for this to be a retreat item. He informed the Council of a meeting with Senator Bruce McPherson, commenting that the Senator would be assisting in obtaining long-term CalTrain service for this area. Councilmember Arellano wished everyone a Merry Christmas and a Happy New Year. Councilman Sudol also wished everyone a Merry Christmas and a Happy New Year. Councilman Pinheiro wished everyone a Merry Christmas and a Happy New Year. Councilman Arellano stated that he hoped everyone had Happy Holidays. Councilman Morales wished everyone a Merry Christmas. Councilman Velasco wished everyone a Merry Christmas. 7'. " 1,.-.. r', {...l -.,l ,:' The Mayor asked everyone to remember those less fortunate. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 34 DECEMBER 1999 20 Study Session - Spot Redevelopment - 6:00 p.m., Gilroy City Council Chambers 20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers JANUARY 2000 3 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers 3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 3 Study Session - Homeless Policy -7:30 p.m. (after conclusion of regular Council Meeting, assuming light agenda), Gilroy City Council Chambers 10 Study Session - General Plan Update -7:00 p.m., Gilroy Senior Center 11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 24* Special Meeting - General Plan Update -7:00 p.m., Gilroy City Council Chambers 25 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy 31 *Joint Study Session with Planning Commission - cm - 7:00 p.m., Council Chambers FEBRUARY 2000 7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy 9 Annual Retreat - 8:30 a.m. to 9:00 p.m. (including dinner off-site-location to be determined), Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California 10 Annual Retreat - 8:30 a.m. to 4:00 p.m., Temporary Environmental Education Center(TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California 14*Potential Special Meeting - General Plan Update - 7:00 p.m., City Council Chambers 22*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 22 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy MARCH 2000 6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 14 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 10: 10 p.m. the Mayor adjourned the meeting to a closed session pursuant to Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Name of case: City of Gilroy vs. Paul G. Sigala Case number: CV 780520 At 10:20 p.m. the Mayor reconvened the meeting and announced that no action had been taken and further adjourned the meeting at 10:21 p.m.