Minutes 2000/03/20
I
Invocation
Posting
Agenda
Roll Call
New Emp.
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Regular Meeting
March 20, 2000
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Lee Neish, United Methodist Church, gave the Invocation.
The City Clerk noted that the Agenda had been posted on March 15,2000
at 1 :20 p.m.
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S.
Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W.
Springer - 7:01 p.m.
The Mayor introduced new and promoted employees Joe Kline, Public
Information Coordinator, Community Services Department; Mark Dover,
Recreation Supervisor II, Community Services Department; Michele Robinson,
Clerk Typist I, BLES Division, Community Development Department; and Dave
Chantler, Chief Building Official, Community Development Department. Carolyn
Jarvis, Permit Technician, Community Development Department, was not present
for introduction.
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Emp. Award The Mayor presented the Employee Award for the Month of February, 2000,
to Rick Smelser, City Engineer, Community Development Department.
Proc.-90th B-Day The Mayor noted a proclamation celebrating the 90th Birthday of Stuart
Fletcher on March 12,2000, which was previously presented.
Proc.-Sexual
Vol. Award
Consent
Calendar
Minutes
Claims
Budget
Economics
Research
Associates
The Mayor presented a proclamation for Sexual Assault Awareness Month for
April, 2000 to Elizabeth Delgadillo, Community Solutions.
The Mayor presented the Volunteer of the Month of March, 2000 Award to
Joe Kline.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and carried that the following items under the Consent Calendar be
approved, removing item A. Budget Amendments/Transfers and item C. Contract
with Economics Research Associates as appraisal consultant for the Bonfante
Gardens Theme Park bonds, 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:
Minutes of the Regular Council Meeting of March 6,2000; and
Denied claims of Jorge Bedoya and Faye Pilgrim.
Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried to approve budget amendments/transfers as recommended.
Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried to approve a contract with Economics Research Associates as an
independent appraisal consultant for the Bonfante Gardens Theme Park bonds.
Personnel Com. Janis Howell, Personnel Commissioner, reviewed action items completed over
Report the past six months by the Personnel Commission, including changes to job
classifications and job descriptions, and abolishing job hiring lists.
Bid-Fifth Street The City Administrator presented a recommendation to re-bid the Fifth Street
Underground- Undergrounding Project (99-CDD-517). Community Development Director Allen
ing Project noted the construction timing that would be affected by re-bidding the project.
Motion was made by Councilman Morales, seconded by Councilman Sudol and
carried to re-bid the Fifth Street Undergrounding Project (99-CDD-517).
Bid-Durham The City Administrator presented a recommendation to enter into "sole
Communica- source" negotiations with Durham Communications/Orbicom for the acquisition of
tions/Orbicom equipment and software as an upgrade of the police communications center.
Police Chief Guisiana reviewed the process for acquisition of this equipment and
software.
Sunrise Drive
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried to enter into "sole source" negotiations with Durham
Communications/Orbicom for the acquisition of equipment and software as an
upgrade ofthe police communications center.
The Mayor deviated from the regular order of the agenda to accommodate
interested persons in the audience.
The Mayor noted a recommendation to alleviate Sunrise Drive speeding issues.
Traffic Engineer Abrams noted that this is on the agenda due to concerns by
residents in the area. She reviewed the recommended measures to alleviate the
problems. She noted that a double fine zone is a pilot project, which is not an
option for this problem. She reviewed how this street was funded, noting that
traffic calming measures were not a part of the funding. She noted that speed limit
signs will be posted.
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Community Development Director Allen stated that the study has not been
completed regarding speeding issues. He noted that this is a very wide roadway,
with very little development on the north side. He stated that if there had been no
concerns voiced by the residents, no study would have been done.
The Mayor noted that Arcadia Development has requested that this item be
continued.
Dave Ellis stated that the opening of Sunrise Drive was a blessing for residents.
He noted his opposition to speed bumps on Sunrise Drive.
Mike Park stated his greater concern, besides speeding, is that a child or
person will be hit by a car and killed. He noted that a stop sign should be placed at
Kite Drive.
John Donohoe, on behalf of Arcadia Development, noted the access concerns
regarding Sunrise Drive. He requested that they have sufficient time to review
how a Council action of street closure would have on their developments.
Suzanne Bulle, 1480 Longmeadow Drive, noted a traffic study was done on
Longmeadow and noted that Sunrise Drive has impacted Longmeadow Drive. She
stated that the stop signs are consistently run without stopping on Longmeadow
Drive. She urged the Council to not close Sunrise Drive.
Vern Bulle stated that there is speeding on Longmeadow. He stated that some
steps should be taken to reduce the speed on Sunrise Drive. He noted his concern
with cars not stopping at the stop signs.
Mike Hewitt stated that he is opposed to closing Sunrise Drive. He noted the
need to reduce the speeding on Sunrise Drive.
Keith Dick, Sunrise Drive, noted his concerns regarding speeding on Sunrise
Drive. He stated his opposition to closing Sunrise Drive.
Pamela Jones noted that Sunrise Drive was constructed to relieve the traffic on
Longmeadow Drive and Eagle View Way. She stated that as more people use
Sunrise Drive, the speeds will decrease, especially if a stop sign is erected. She
noted that the residents on Longmeadow Drive and Eagle View Way have also
asked for stop signs on their streets without success.
Don McFarland, 1191 Lerma, stated his opposition to the closure of Sunrise
Drive. He noted the speeding and cars not stopping at the stop signs.
Phil Steinhower noted the speeding also on Longmeadow Drive, and the cars
running the stop signs. He noted his opposition to closing Sunrise Drive.
It was noted that a speed survey is currently in process to determine speed
limits, so that speed limit signs can be erected.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Sudol and carried to approve keeping Sunrise Drive open, that extra large stop
signs be erected at the intersection of Sunrise Drive and Kite Drive, and that box
dots be placed on Sunrise Drive, including at the east end of Sunrise Drive.
The Mayor returned to the regular order of the agenda.
South County The Mayor noted a request for approval of terms of affordable housing resale
Housing - agreement requested by South County Housing for the Los Arroyos subdivision
Resale located between Santa Teresa Boulevard and Kern Avenue, north ofMantelli
Agreement Drive and south of Longmeadow Drive.
Councilman Pinheiro recused himself from discussion and action on this item.
The City Administrator noted actions to be taken on the resale agreement.
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Train Depot
Dennis Lalor, South County Housing, thanked the Council for the time that
they have taken to review this issue. He noted that issues such as sales and
refinancing between the homeowners and South County Housing would be limited
as far as being able to negotiate, but there are issues that could foreseeably be
negotiated with the City.
Rick Judd, lawyer for South County Housing, noted there are three groups of
homes, all of which will have different types of agreements. He stated that there
could possibly be another agreement with the City regarding reviewing the
agreements in the future.
Motion was made by Mayor Springer, seconded by Councilman Morales and
carried (Councilmembers G. Arellano and Sudol voting no and Councilman
Pinheiro absent) to approve the terms of the three affordable housing resale
agreements requested by South County Housing for the Los Arroyos subdivision,
with the following amendments to include: no administrative costs for
administration of the fund, requirement for an audited accounting of the fund every
year, notice response period for the City to be 10 rather than 5 business days, and
a further agreement to be drafted to cover the operation of the fund with a five
year review, with a possible renegotiation of the use of that fund.
Councilman Pinheiro returned to his seat at the dais.
The Mayor noted a request for amendments to the Gilroy Train Depot lease.
Councilman Pinheiro recused himself from discussion on this issue, because he
writes the insurance for the Train Depot operator.
Administrative Services Director Dorn reviewed the request.
Manley Willis, on behalf of Sylvia Centeno, Train Depot operator, questioned
why the hours need to be adjusted. He noted the facilities are not being utilized,
since Caltrain patrons are exiting the train and going directly to their vehicles. He
stated that a few patrons have registered complaints. He noted that the hours are
justified. He asked the Mayor to disqualify himself from voting on this issue due
to statements made and mentioned in the Gilroy Dispatch. He stated that Ms.
Centeno has attempted to work with VT A regarding ticket sales.
Craig Gartman noted that the City participated in the restoration of the Train
Depot. He read from the Gilroy Dispatch regarding the Mayor's comments that
the Train Depot was not originally considered to be a Greyhound station. He
noted that Greyhound came into the picture when it was discussed that this will be
a transportation hub. He requested the Train Depot be kept open for use after
5:30 p.m.
Mr. Willis stated that he is not in agreement with what Mr. Gartman read. He
invited the Council to view the Train Depot. He stated that it is not economical to
leave the Train Depot open another 2-3 hours, due to the lack of demand for
services. He noted that the Depot is open prior to 5:00 a.m. and closes at 8:00
p.m. currently.
Motion was made by Councilman Morales to table this issue, and the motion
died for lack of a second.
In answer to a question, Mr. Dorn stated they have a five year lease with three
five year options and that this is the first year.
Mayor Springer stated that VTA has made no indication that any trains will
leave earlier than the current schedule.
Motion was made by Councilmember G. Arellano, seconded by Mayor
Springer and carried (Councilman Pinheiro absent) to amend the Gilroy Train
Depot lease only to amend the lease in that the Train Depot will open at 5:00 a.m.
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Councilman Pinheiro returned to his seat at the dais.
Econ.Incentive- The Mayor noted a consideration for an economic incentive for I N. Abbott
IN.Abbot Distributor, Inc.
Dist., Inc.
A/S 00-01
Greystone
Homes
A/S 00-02
America's
Tire Co.
The staff report was noted and further explained by Community Development
Director Allen.
Motion was made by Councilman Pinheiro, seconded by Councilmember G.
Arellano and carried to approve the terms and direct staff to prepare an agreement.
The Mayor noted a request for a Planned Unit Development Architectural and
Site design review approval to construct 33 semi-production homes on property
zoned RH (Residential Hillside), located in Country Estates Phase II on the south
side ofMantelli Drive extension and north of Country Drive. Greystone Homes,
applicant, A/S 00-01.
The staff report was noted and further explained by Planner I Casper.
Tom Simonson, representing the applicant, distributed information regarding
Greystone Homes, and reviewed the project. He clarified that the grading will be
contingent on the tentative map, but that the grading for this group of 33 units will
be graded all together, versus the grading of the future 54 lots, which will be
graded individually.
Mark Rutherford, Dahlin Group Architects, noted that his firm created homes
for this project that have a custom look.
Rob Oneto commented on the grading, noting that all the grading for both
phases was approved by the tentative map. He noted that there are many custom
sites in the second phase that will not be graded or will have minimal grading.
Council agreed that the 30' height limit is for the roof line, not the chimney.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to direct staff to prepare a resolution approving A/S 00-01 with six
conditions and to include the 30' height amendment.
The Mayor noted a request for a Planned Unit Development Architectural and
Site design review approval to construct an 8,000::!:: square foot tire shop on
property zoned Ml/C3-PUD (Light Industrial! Shopping Center Commercial-
Planned Unit Development), located at 8820 San Ysidro Avenue. Irwin G.
Pasternack Architect, AlA (America's Tire Company), applicant, A/S 00-02.
(At 10:50 p.m., Councilman P. Arellano left the Council Chambers, and
returned at 10:52 p.m.)
The staff report was noted and further explained by Planner II Durkin.
(At 11:05 p.m., Councilman Sudol left the Council Chambers, and returned at
11:07 p.m.)
Kim Laub, America's Tire, agreed that a clock would be a good architectural
feature. He stated a gable roof would be agreeable. He questioned the need for
the trellising with the amount of landscaping that will be required.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Sudol and carried to direct staff to prepare a resolution approving A/S 00-02, with
condition # 16 for a gabled roof to match the Outlets rather than the Home Depot
building, condition #17 to add a clock, with hands, over the center of the building,
and condition # 18 that landscaping shall include trellising against the wall.
At 11: 53 p. m., the Mayor called for a recess, after which he recalled the
meeting to order.
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The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Arti O'Connor, member ofthe GPUC, expressed extreme displeasute for the
Council approval extending the General Plan boundary beyond what wa's
presented. She also noted the downtown streetscape project, which wilt make
downtown a place that Gilroy can be proud of. She asked whether she has wasted
her time in the General Plan process.
Legislative Task The Mayor noted a letter from the Santa Clara County Cities Association
Force requesting the City of Gilroy designate a councilmember to be on the Legislative
Task Force.
The Mayor volunteered to be on the Legislative Task Force, and
Councilmember G. Arellano stated that she will attend when he cannot attend the
meeting.
The following information items were noted with no separate discussion on
same:
Legislation:
League of California Cities Legislative Bulletin #9-2000 dated March 3, 2000;
and
League of California Cities Legislative Bulletin #10-2000 dated March 10,
2000.
Customer Service:
Memo of appreciation regarding a letter from Alfred P. Neves thanking Officer
Brenda Bergman for her assistance;
Note of thanks from Jack Markle to Roberta Kyle for her assistance regarding
flood information;
Note of gratitude from Bob Garcia and Shig Nishiguchi, Parkside Athletic
Club, to Yvette Gonzales for her CPR instruction to their employees;
Memorandum of thanks from John Mama via Tina Kekaha to Judi Brem for
her assistance in having a mattress removed;
Note of thanks from Patricia Gilroy to Cathy Mirelez and staff for the
opportunity to volunteer and help with the Young Artists Show;
Letter of thanks from Cathy Mirelez to Rick Brandini, Randy Newell, Bob
Bozzo, and Chris Rogers for their help preparing for the Young Artists Show;
Note of thanks from Don Kludt to numerous City employees for their
assistance in completing the "move" to the Hanna Street office;
Note of thanks from Hedy Chang to Jay Baksa for welcoming her to the South
County Regional Wastewater Authority;
Memorandum of appreciation from Chief Giusiana to Corporal John Lara for
accepting the duties of Acting Chief and Acting Operations Commander for the
Police Department while the command staff and supervisors were at a workshop;
Letter of commendation from Deputy District Attorney Christopher I Arriola
for Detective Stan Devlin's exemplary performance in the investigation of a case;
Note of thanks from The Meyers Group to Roberta Kyle for her assistance;
and
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Letter of gratitude from Linda Pena, The Exchange Club of Gilroy, to Jay
Baksa for the City's effort in providing lighting to the City Hall Freedom Shrine.
Informational items:
Gilroy Visitor's Bureau minutes of February 8,2000 and informational items;
Police Chiefs Advisory Board Meeting minutes of January 12,2000;
Letter of appreciation from Linda Kimberly, Falcon Cable Systems Company,
to Jay Baksa for his patience during the cable transitions and announcing her move
to Coos Bay, Oregon with her new position with Charter Communications; and
Article from American City & County magazine dated March 2000 entitled
EP A finalizes Phase II regs.
The City Administrator distributed Goals and Objectives for each ofthe
departments. He noted a listing of issues that need meetings. The Council set the
following meetings including Downtown Streetscape Projects for April 11 at 7:30
p.m. (changed to April 19 at 7:00 p.m.), Sidewalks for April 24 at 7:00 p.m.,
CDBG Priorities for April 19 at 7:00 p.m. (changed to April 11 at 7:30 p.m.), and
Cost Accounting for July 31. He distributed the straw votes for the March 13
General Plan meeting:, noting that Councilman Velasco submitted a memo on
March 14, 2000 that clarified his vote regarding the land between Las Animas and
Ronan Avenue to be industrial park rather than campus industrial as he voted at
the March 13, 2000 meeting.
Amicus Brief- The Mayor noted a request by the City of San Jose to join an Amicus Brief in
Apt. Assn. of Apartment Association of Los Angeles County v. City of Los Angeles, Supreme
LA Co. v. Court Docket Number S082645.
City of Los
Angeles The Acting City Attorney reviewed the request.
The consensus ofthe Council was to join the amicus brief in Apartment
Association of Los Angeles County v. City of Los Angeles, Supreme Court
Docket Number S082645.
Bicycle Adv.
Committee
The Mayor tabled to April 3, 2000 a discussion regarding appointment of City
of Gilroy Bicycle Advisory Committee.
Councilman Velasco questioned why comments from the public is at the end of
the meeting. The consensus of the Council was to move this item up after
presentations on the agenda.
Councilman Pinheiro stated his concern regarding allowing Sunrise Drive to be
put in without landscaping or streetscaping. He requested that this be a subject for
the mid-year retreat.
Councilman Sudol noted that the soundwall and median is being landscaped on
West Luchessa Avenue.
Councilmember G. Arellano discussed the criteria for smaller lots. She
requested this be a subject for the mid-year retreat. She congratulated the Council
for holding fast to the grading requirement at Mantelli Drive.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 34
MARCH 2000
20 Study Session - South County Housing Resale Agreement and CDBG
Priorities - 5:30 p.m., Gilroy City Council Chambers
20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
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Adjournment
27* Special Meeting - General Plan Public Hearing - 7:00 p.m., City Council
Chambers
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
APRIL 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
lO*Special Meeting - General Plan Public Hearing - 7:00 p.m., City Council
Chambers
11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
17 Commission Interviews - 6:30 p.m., Gilroy City Council Chambers
17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
MAY 2000
1 * Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8* Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers
9 SCR W A Meeting - 7: 30 a. m., 1500 Southside Drive, Gilroy
15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22*Study Session - Financial Plan -7:00 p.m., Gilroy City Council Chambers
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
31 Quarterly Workshop with GUSD Board - 7:00 p.m., Gilroy Unified School
District Board Room, 7810 Arroyo Circle, Gilroy
JUNE 2000
5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 SCRWAMeeting -7:30 a.m., 1500 SouthsideDrive, Gilroy
19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 11:55 p.m. the Mayor adjourned the meeting.
RHONDA PELLIN
City Clerk