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Minutes 2000/11/20 Posting Agenda Roll Call New Emp. Paid-Call Firefighters Vol. Award 7 /' ~' '-' I v j , Regular Meeting November 20,2000 Gilroy, California The Mayor announced that the Council had adjourned from a Closed Session regarding Conference with Real Property Negotiator, pursuant to Government Code Section 54956.8 and that no action had been taken. He also noted that Council had held a study session for a discussion of the City of Gilroy Neighborhood Revitalization Strategy Area Property Reuse Plan and discussion of CDBG priorities. The Mayor led the Pledge of Allegiance to the Flag. The City Clerk noted that the Agenda had been posted on November 15, 2000 at 3:55 p.m. Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S. Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W. Springer - 7:03 p.m. The Mayor announced under Orders of the Day that Item V. B. will be rescheduled to a future meeting following resolution of a bid protest, and Items VIII. F. and VIII. G. were completed on November 17,2000 at a special meeting. The Mayor introduced new employee Dorothy Fuentez, Public Safety Communicator Trainee, Police Department. The Mayor introduced Paid-Call Firefighters Tim Price, Michael Lucio, Doug Langwell, and Steve Metz. The Mayor presented the Volunteers of the Month Award for November, 2000 to the Fairview & 9th Street Neighborhood. Proc.-Gilroy The Mayor presented a proclamation for Gilroy Family Week, November 19- Family Week 25,2000 to Dr. Robert C. Johnson D.D.S. -r / 7 6 .) C) The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. John Donahoe invited all citizens to an upcoming community meeting on Wednesday, December 13,2000 from 6:30 p.m. to 8:30 at the Gilroy Senior Center. He noted that it is not on December 14th as was previously mailed. Consent Calendar Motion was made by Councilman Morales, seconded by Councilman Velasco and carried that the following items under the Consent Calendar be approved, removing Item A. Acceptance of the City of Gilroy Neighborhood Revitalization Strategy Area Property Reuse Plan and Item D. Ordinance establishing the Youth Commission, 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: Ord.2000-16 Adopted Ordinance No. 2000-16 repealing Sections 9.3 and 9.4, and amending Section 9.6, regarding emergency organization and functions, of the Gilroy City Code; ORDINANCE NO. 2000-16 AN ORDINANCE OF THE CITY OF GILROY REPEALING SECTIONS 9.3 AND 9.4, AND AMENDING SECTION 9.6, REGARDING EMERGENCY ORGANIZATION AND FUNCTIONS, OF THE GILROY CITY CODE. PASSED AND ADOPTED this 20th day of November, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord.2000-17 Adopted Ordinance No. 2000-17 amending Chapter 7, Section 7.4, ofthe Gilroy City Code, establishing a schedule of fees and service charges; ORDINANCE NO. 2000-17 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 7, SECTION 7.4, OF THE GILROY CITY CODE, ESTABLISHING A SCHEDULE OF FEES AND SERVICE CHARGES. PASSED AND ADOPTED this 20th day of November, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Prop.Imp.Agr. Property Improvement Agreement No. 99-05, JiffY Lube International of No. 99-05 Maryland, Inc., 701 First Street; Jiffy Lube Prop.Imp.Agr. Property Improvement Agreement No. 99-34, Gagliardi Properties, Inc., 711 No. 99-34 First Street; Gagliardi Prop. Accept. Imp. Accepted Improvements, Tract 9110, The Villas, Orchard Valley Tract 9110 Communities; Orchard Valley Accept. Imp. Tract 9121 Custom One Accepted Improvements, Tract 9121, Lawrence Park, Custom One, Inc.; 76.) 7 Prop.Imp.Agr. Property Improvement Agreement No. 2000-33, Tract No. 9245, Regis No.2000-33 Homes; Tract 9245 Regis Homes Budget Budget Amendments/Transfers as recommended; and Minutes Minutes of the Regular Council Meeting of November 6,2000 and the Special Council Meeting of November 13,2000. Reuse Plan Motion was made by Councilmember G. Arellano, seconded by Councilman Morales and carried (Councilmembers Sudol and Springer voting no) to accept the City of Gilroy Neighborhood Revitalization Strategy Area Property Reuse Plan. Ord. 2000-18 Motion was made by Councilman Sudol, seconded by Councilman Velasco and carried to adopt Ordinance No. 2000-18 establishing the City of Gilroy Youth Commission and defining the duties thereof; ORDINANCE NO. 2000-18 AN ORDINANCE OF THE CITY OF GILROY ESTABLISHING THE CITY OF GILROY YOUTH COMMISSION AND DEFINING THE DUTIES THEREOF. PASSED AND ADOPTED this 20th day of November, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Gilroy Police Station The City Administrator presented a recommendation to initiate contract negotiations with WLC Architects, Inc. for professional architectural design services for the new Gilroy Police Station Improvements (RFP/CDD/271) and if unsuccessful to negotiate with Leach Mounce Architects, then Edward Gee & Associates in succession until a contract can be negotiated. Councilmember G. Arellano requested that a citizen near the location of any future project be a part of the selection advisory committee. Motion was made by Councilman Sudol, seconded by Councilman Morales and carried to initiate contract negotiations with WLC Architects, Inc. for professional architectural design services for the new Gilroy Police Station Improvements (RFP/CDD/271) and if unsuccessful to negotiate with Leach Mounce Architects, then Edward Gee & Associates in succession until a contract can be negotiated. Monterey Street- It was noted that a protest had been received on the bid for the Monterey scape Im- Streetscape Improvement Project (00-CDD-524) and this item will be rescheduled provement to a future meeting following resolution of this protest. Project Pub.Hearing TM 00-07 The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide approximately 4.2 acres ofland into a 20-lot single family residential subdivision (Summerhill at Eagle Ridge), on property zoned R1/RH-PUD (Single Family ResidentiallHillside Residential-Planned Unit Development) located within the Eagle Ridge Development along Lahinch Drive, west of Santa Teresa Boulevard, south ofUvas Creek. Glen Lorna Group, applicant, TM 00-07. The staff report was noted and further explained by Planning Division Manager Faus. The Mayor opened the Public Hearing. 7 6 ,-) q Pub. Hearing TM 00-06 Pub. Hearing TM 99-13 RD 92-29 John Donahoe stated that this is a follow-up from the 1999-2000 RDO process, and noted his presence to answer any questions. The Mayor closed the Public Hearing. Motion was made by Councilman Sudol, seconded by Councilmember G. Arellano and carried to direct staff to prepare a resolution approving TM 00-07. The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide approximately 28.16 acres ofland into 14 industrial parcels ranging from 1. 0 ::!:: acres to 3.0 ::!:: acres on property zoned M2 (General Industrial) located on the south side of Southside Drive at the junction of Obata Way and Southside Drive. Green Valley Corporation, applicant, TM 00-06. The staff report was noted and further explained by Planner II Casper. Community Development Director Allen explained the alignment dilemma for the traffic circulation in this area. The Mayor opened the Public Hearing. Jeff Major, applicant, requested approval ofthis request. He noted a shock wave of rental increases. He noted that the renters are seeing the benefits of land ownership. He noted that there is no industrial land available in the valley and Gilroy has a unique opportunity to serve these business owners. The Mayor closed the Public Hearing. Motion was made by Councilmember G. Arellano, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving TM 00-06 with the conditions as recommended. At 8:39 p.m. the Mayor called for a five minute recess, after which he recalled the meeting to order. The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide approximately 60 acres ofland to create 67 residential lots in the Hillside Residential (RH) zoning district on property located north ofMantelli Drive, west of Crest Hill Way. Gill Properties, TM 99-13. The Mayor noted a request by Gill Properties to modify their previously approved RDO allocation by relocating 30 townhouse units and allowing a 60-lot "gated-community" component within the Country Estates development. RDO 92-29. The staff report was noted and further eXplained by Planner II Casper, citing an additional condition for TM 99-13. The Mayor opened the Public Hearing. Gary Reece, applicant, highlighted the history of Phase III of Country Estates. He noted concerns have been mitigated by this amended plan. He reviewed the construction traffic circulation. He noted that the only trees that will be removed are for circulation patterns, and commented that no trees will be removed for the construction of homes. Rob Oneto, RIA, answered questions regarding the grading of the project. Susan Stieg, 2125 Mantelli Drive, stated that she understood that the proper legal notification was done for this hearing, but noted that unfortunately the notification did not notice all residents that will be affected. She stated that she opposes this request. She noted several options to increase safety and reduce traffic congestion in the area. She requested denial or postponement of this request until these issues can be addressed. She submitted names in opposition to this request. 7' 6 l ') ) .' Karen Titus, 1720 Valley Oaks Court, thanked staff and the developers for working with the residents in the area regarding this proposal. She encouraged the Council to approve this request. Frankie Ness, 2020 Mantelli, stated that she is opposed to this request. She stated that the City is forcing traffic down Mantelli Drive. She submitted 24 petitions in opposition to this request. Donald Roberts, 2010 Mantelli Drive, stated that he has seen an increase in the traffic in this area. He is for anything holding traffic down, and against anything that will increase the traffic. Norma Ludergnani, 2035 Mantelli Drive, requested the Council take more time to study this proposal. She noted that they have two schools in the area. Katherine Filice, 1684 Crest Hill Way, noted that she represents over 100 residents requesting this change. She noted that at last count 142 residents support this request. She also requested the construction hours be maintained. (At 9:53 p.m. Councilman Morales left the Council Chambers, and returned at 9:54 p.m.) Mark Lyons, Periwinkle Drive, noted the disruption by the construction of Phase II. He noted concern about having only one outlet. He expressed his reservations regarding fire danger. He stated that he feels an additional roadway may be needed in the future for safety. He submitted a letter for the record. The Mayor closed the Public Hearing. (At 10:05 p.m. Councilman Pinheiro left the Council Chambers, and returned at 10:06 p.m.) Motion was made by Councilman Pinheiro, seconded by Councilman Velasco and the motion did not carry (Councilmembers G. Arellano, P. Arellano, Morales, Sudol, and Springer voting no) to continue TM 99-13 and RD 92-29 to December 4,2000 and to include reopening the Public Hearing. At 10:34 p.m. the Mayor called for a five minute recess, after which he recalled the meeting to order. City Attorney Callon stated that the draft Negative Declaration and the Initial Study were properly circulated to the public, the City Council and the Planning Commission, but because a copy of it is not in the packet, action on it will be continued to the next meeting. She stated that the Council has two actions for this meeting, one on RD 92-29 and the other on TM 99-13. Motion was made by Councilmember G. Arellano, seconded by Mayor Springer and the motion did not carry (Councilmembers P. Arellano, Morales, Pinheiro, Sudol, and Velasco voting no) to direct staff to prepare a resolution approving RD 92-29 to relocate 25 townhouse units to Phase IV with five townhouse units left in Phase III in the upper right corner. Motion was made by Councilman Sudol, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving RD 92-29 to relocate 25 townhouse units to Phase IV with five townhouse units left in Phase III in the upper right corner, and removal of the "gated" community designation. Motion was made by Councilmember G. Arellano, seconded by Councilman P. Arellano and carried to direct staff to prepare a resolution approving TM 99-13, with the modification that the "gated" community designation be removed. 7 6 ~ ,"\ "i \.) Pub. Hearing Master Plan Fire Services The Mayor stated it was the time and place scheduled for a Public Hearing to consider adoption of the Master Plan for Fire Services. The scope of the study covers mission, goals and objectives, community risks, demand for service, organization and staffing, deployment and concentration of resources, levels of services, and standards for response coverage for the next 20 years. Facilities and Parks Development Manager Headley noted the members of the task force that worked on this document and introduced Chief Art Gillespie. (At 11: 10 p.m. Councilman Sudol left the Council Chambers, and returned at 11: 11 p.m.) Chief Gillespie explained the process for preparation of this document. He introduced Mr. Ronny 1. Coleman who was the consultant on the project. Ronny J. Coleman noted that the Council has received a copy of the Fire Master Plan document. He reviewed a Power Point presentation on the Fire Master Plan. He noted that he enjoyed working with staff and the citizens task force. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilmember G. Arellano and carried to approve the Mitigated Negative Declaration, finding that (a) it is completed in compliance with CEQA, (b) it reflects the independent judgment ofthe City, and (c) there is no substantial evidence that the project will have a significant effect on the environment. Motion was made by Councilman Sudol, seconded by Councilman Morales and carried to adopt the Master Plan for Fire Services. Right-of-Way The Mayor noted an Ordinance amending Chapter 20 of the Gilroy Municipal Encroach- Code regarding "Right-of-Way Encroachments." ments Comp.Fee Schedule The staff memorandum was noted and further explained by City Engineer Smelser. (At 11:46 Councilman P. Arellano left the Council Chambers, and returned at 11:48 p.m.) Consensus of the Council was to have hearings similar to the Administrative Hearing Policy for appeal to the City Council. Motion was made by Councilman Sudol, seconded by Councilmember G. Arellano 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 Councilmember G. Arellano and carried to introduce the Ordinance amending Chapter 20 of the Gilroy Municipal Code regarding "Right-of-Way Encroachments". The Mayor noted a request to consider revisions and adjustments to the Comprehensive Fee Schedule. 7611 Res.2000-76 Motion was made by Councilman Sudol, seconded by Councilman Velasco and carried adopting Resolution No. 2000-76 approving revisions and adjustments to fee schedule. Santa Teresa Widening! Mantelli Gap Project Las Animas Veterans Park Fill Placement Plan RESOLUTION NO. 2000-76 RESOLUTION APPROVING REVISIONS AND ADJUSTMENTS TO FEE SCHEDULE. PASSED AND ADOPTED this 20th day of November, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The Mayor noted a discussion of the conceptual geometric, landscape and sound wall design for the Santa Teresa Widening and Mantelli Gap Closure Project. Traffic Engineer Abrams reviewed the staff report. No action was taken by the City Council. (At 12:32 a.m. Councilman Pinheiro left the Council Chambers, and returned at 12:34 a.m.) (At 12:35 a.m. Councilman Sudol left the Council Chambers, and returned at 12:37 a.m.) The Mayor noted a discussion of the Las Animas Veterans Park Fill Placement Plan from Phase I & Phase II Sports Park improvements. The City Administrator reviewed the need to move surplus dirt from the Sports Complex area, and noted that the Las Animas Park fountain has become an eyesore. He noted that if the fill is moved to Las Animas Veterans Park, it would create several additional acres of usable park space. No action was taken by the City Council. The Mayor noted that New Business Items F. and G. were completed at the meeting of November 17,2000. Driver Training The Mayor noted a letter from Assemblyman Richard E. Floyd regarding traffic safety and the reinstatement of high school behind-the-wheel driver training. Council consensus was to send a letter of support for reinstatement of high school behind-the-wheel driver training. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Priority Focus #14-2000 dated November 3,2000. Customer Service: Letter of thanks from Cathy Mirelez to Jesse Garcia and the Gilroy Arts & Culture Commission for their involvement in the 2000 "Gilroy Art & Culture Exhibit;" Note of thanks from Delores Lesnewski to Joe Kline for his courteous and efficient help; and 7 / ^'\ , b 1.\< Telephone call of appreciation from Oscar Gonzalez for his reservation at Mulberry West and that he and his family had a wonderful time at their reunion. Informational items: Notice of State Funding for Cultural Arts Center from 2000 Park Bond; Community Meeting by Glen Lorna Ranch on December 14,2000,6:30 p.m. - 8:30 p.m., Gilroy Senior Center Main Hall A regarding Specific Plan for Glen Lorna Ranch; and Letter from Assemblyman Richard E. Floyd regarding traffic safety and the reinstatement of high school behind-the-wheel driver training. A& C Com. 10-10-00 The minutes of the Arts and Culture Commission meeting of October 10, 2000 were noted. Gang Task Force The minutes of the Gilroy Gang Task Force meeting of October 3, 2000 10-3-00 were noted. Golf Course Bd. The minutes ofthe Gilroy Golf Course Advisory Board meeting of November 11-7-00 7,2000 were noted. P & R Com. 10-17 -00 The minutes of the Parks & Recreation Commission meeting of October 17, 2000 were noted. Plan. Com 11-2-00 11-9-00 The reports of the Planning Commission meetings of November 2 & 9, 2000 were noted. Sr.Adv.Bd. 10-16-00 The minutes of the Gilroy Senior Advisory Board meeting of October 16, 2000 were noted. The City Administrator distributed a memorandum noting that the Volunteers in Policing (VIPs) can be used to assist with enforcement on Sunrise Drive. He requested the Council keep all of their information regarding TM 99-13 and RD 92-29 for the next meeting. He requested Councilmembers get retreat items to him. He stated that tomorrow at 9:00 a.m. the binding arbitration will go into effect, and that he needs time to brief the Councilmembers in public. The Council set Tuesday, November 28,2000 at 6:30 a.m. in the Council Chambers for a briefing on the fire arbitration. The Council agreed to a study session on the RDO affordable housing exemption on Tuesday, December 12,2000 at 7:00 p.m. The Mayor noted Santa Clara County Cities Association open positions for appointment. He stated that if any Councilmember is interested in an appointment to send a letter to Mayor Manayan of Mil pitas. He stated that the Cities Association Legislative Review Committee needs a Gilroy representative, and Councilmember G. Arellano volunteered to be the representative. He noted the Santa Clara County Valley Transportation Authority Policy Advisory Committee has an opening, and Councilman P. Arellano volunteered for the Committee. He noted that Caltrain started this weekend and was very successful Freedom Train The Mayor noted a request to approve a letter of support for CalTrain to provide adequate seating for the Freedom Marchers round trip between Gilroy and San Francisco on the ''Martin Luther King Jr. Freedom Train." Consensus of the Council was that the letter could be sent. Councilman P. Arellano questioned whether we could change our policy requiring all new houses to have sprinkler systems. Councilman Morales wished everyone a Happy Thanksgiving Day. He requested citizens give turkeys or funds to St. Joseph's Center to help with the Thanksgiving Day celebration. Adjournment 7 " ~ ." 0'; .J Councilmember G. Arellano wished everyone a Happy Thanksgiving Day. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 NOVEMBER 2000 20 Closed Session-Real Property Negotiation - 5:30 p.m., Gilroy City Council Chambers 20 Study Session - City of Gilroy Neighborhood Revitalization Strategy Area Property Reuse Plan and Prioritization for CDBG Meeting - 6:00 p.m. or as soon as the Closed Session concludes, Gilroy City Council Chambers 20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 27 Quarterly Workshop with the Gilroy Unified School Board -7:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 29 Study Session - Affordability Housing Exemption - 6:00 p.m., Gilroy City Council Chambers DECEMBER 2000 4 Study Session - Update on New Procedures to Optimize City's Use of Grants - 6:00 p.m., Gilroy City Council Chambers 4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 11 Interviews for Boards/Commissions -7:00 p.m., Gilroy City Council Chambers 12 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 18 Study Session - Information Technology Cost Effectiveness and Possible Organizational Changes - 6:00 p.m., Gilroy City Council Chambers 18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy JANUARY 2001 2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 Study Session - Economic Development - 7:00 p.m., Gilroy Senior Center Meeting Room 9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 16*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 19 Annual Retreat - 8:00 a.m. to 4:00 p.m. (dinner to be held at 6:00 p.m. - location to be determined), Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California 20 Annual Retreat - 9:00 a.m. to 2:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California 22 Tentative Study Session - Subdivision Code/Standards Update - 7:00 p.m., Gilroy Senior Center Meeting Room 23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 29*Study Session - em - 7:00 p.m., Gilroy City Council Chambers FEBRUARY 2001 5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 20*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy At 1:09 a.m. November 21,2000 the Mayor adjourned the meeting. Respectfully submitted, ~~~~ /s/ RHONDA PELLIN City Clerk