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Minutes 2001/01/02 766? Invocation Posting Agenda Roll Call New Emp. Regular Meeting January 2, 2001 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Mark Milwee, First Baptist Church, gave the Invocation. The City Clerk noted that the Agenda had been posted on December 27, 2000 at 1:32 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 introduced new employees Monica Sanchez, Police Records Technician I, Police Department, and Gregg Polubinsky, Planner I, Community Development Department. Promoted Emp. The Mayor introduced promoted employees Noel Provost, Corporal, Police Department, and Kurt Ashley, Corporal, Police Department. 7""'" r, t) ) ...... .~. Board/Com. Members The Mayor introduced and the City Clerk swore in the following new Board and Commission members: Edward Merrell, Library Commission Paul A. Correa, Planning Commission Barbara Cabello, Physically Challenged Board of Appeals New Boardmember Chuck O'Dell, Building Board of Appeals was not present for introduction. Emp. Award The Mayor presented the Employee Award for the Month of November, 2000, to Kurt Ashley, Corporal, Police Department. Emp. Award The Mayor presented the Employee Award for the Month of December, 2000, to Dan Zen, Police Officer, Police Department. Retired Board/ The Mayor presented certificates to the following retired Board and Commission Commission members: Members Joe F. Gamboa, Arts and Culture Commission Elizabeth Lai, Library Commission Kai Lai, Planning Commission Paul Kloecker, Physically Challenged Board of Appeals The following retired Board and Commission members were not present to receive their certificate: Deborah K. Murray, Personnel Commission Chris Ordaz, Personnel Commission Randy Moen, Building Board of Appeals Chuck Wear, Building Board of Appeals The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Mark Zappa noted his concern regarding the recent shooting incident, and that the investigation was not very thorough. He stated an outside investigation is warranted. Matthew Drummond spoke on the tragic shooting incident, noting problems with coded transmissions from the dispatch center to be implemented in the future. He noted the need for the dispatchers to ask specific questions that can be answered with a "yes" or a "no". Amos Brown stated that he was astounded that the project of 7th and 8th Streets will go through without the vote of the City Council. He noted that Councilman P. Arellano stated that Councilman Pinheiro tried to get his property zoned. He stated that he was appalled that Councilman Sudol would toss his microphone down, noting that perhaps he should step down ifhe has a problem that he can't deal with the public. He stated that he was astounded that only ten officers can go through a bilingual program. Sally Armendariz stated that she was here regarding the 911 issue. She stated that she was shocked or appalled that there are no dispatchers that are bilingual. She stated that the east side of Gilroy is asking for equal justice, not selective prosecution. Joe Gamboa stated that he is upset that the 911 call was a judgement call by the dispatcher. He stated that all 911 calls should be treated as an emergency, not a judgement call. He noted a better training program is needed for the dispatchers. Rebeca Armendariz stated her concern with the time lapse on the 911 call. She noted an attitude of indifference and apathy of police officers for Mexican citizens who are Spanish speaking. She asked what is being done and what sensitivity or diversity training is being implemented. 7 / / .:''' bt'd .I . Consent Calendar Motion was made by Councilman Velasco, seconded by Councilman Morales and carried that the following items under the Consent Calendar be approved, removing Item D. Resolution establishing an all-way stop at the intersection of Mantelli Drive and Country Drive and Item E. Resolution establishing an all-way stop at the intersection ofMantelli Drive and Rancho Hills Drive/Rancho Hills Court, 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 Minutes of the Regular Council Meeting of December 18,2000; Ord.2001-1 Adopted Ordinance No. 2001-1 repealing Sections 20.6 through 20.22 of, and adding Article IX entitled "Encroachments into Public Right-of-Way" to, Chapter 20 of the Gilroy City Code, pertaining to streets and sidewalks; ORDINANCE NO. 2001-1 AN ORDINANCE OF THE CITY OF GILROY REPEALING SECTIONS 20.6 THROUGH 20.22 OF , AND ADDING ARTICLE IX ENTITLED "ENCROACHMENTS INTO PUBLIC RIGHT-OF-WAY" TO, CHAPTER 20 OF THE GILROY CITY CODE, PERTAINING TO STREETS AND SIDEWALKS. PASSED AND ADOPTED this 2nd day of January, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Budget Budget Amendments/Transfers as recommended; Prop.Impr.Agr. Property Improvement Agreement No. 2000-42 and Tract Map No. 9287, 2000-42 and Summerhill Gilroy, LLC, a California Limited Liability Company; Tract Map 9287 Accept.Impr. Accepted improvements, Gilroy Cinemas, K & S Market, Inc., a California Gilroy Cinemas Corporation; and Accept.Impr. Accepted improvements, Tract 9184, Western Pacific Housing. Tract 9184 Western Pacific Housing (At 7:48 p.m. Councilman Morales left the Council Chambers and returned at 7:50 p.m.) Community Development Director Allen noted that the two all-way stops were either initiated by request from the public or by the City's own monitoring system. He noted the increased traffic in these areas. Res. 2001-1 Motion was made by Councilman Sudol, seconded by Councilman Pinheiro and carried to adopt Resolution No. 2001-1 establishing an all-way stop at the intersection of Mantelli Drive and Country Drive in the City of Gilroy pursuant to Section 15.40 of the City Code. RESOLUTION NO. 2001-1 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF MANTELLI DRIVE AND COUNTRY DRIVE IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE. PASSED AND ADOPTED this 2nd day of January, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 7 '",' ,'" . {,;.):>.": Res. 2001-2 Motion was made by Councilman Sudol, seconded by Councilman Pinheiro and carried to adopt Resolution No. 2001-2 establishing an all-way stop at the intersection of Mantelli Drive and Rancho Hills DriveIRancho Hills Court in the City of Gilroy pursuant to Section 15.40 of the City Code. RESOLUTION NO. 2001-2 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF MANTELLI DRIVE AND RANCHO HILLS DRIVE/RANCHO HILLS COURT IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE. PASSED AND ADOPTED this 2nd day of January, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE P&RCom. Report There was no report on the activities of the Parks and Recreation Commission. Ord.2001-2 Motion was made by Councilman Velasco, seconded by Councilman Morales and carried (Councilmembers G. Arellano and P. Arellano voting no) to adopt Ordinance No. 2001-2 levying special taxes within Community Facilities District No. 2000-1 (Highway 152) (announced as Ordinance No. 2001-1 in error). ORDINANCE NO. 2001-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2000-1 (HIGHWAY 152). PASSED AND ADOPTED this 2nd day of January, 2001, by the following vote; AYES: COUNCILMEMBERS: MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: G. ARELLANO and P. ARELLANO ABSENT: COUNCILMEMBERS: NONE The following informational items were noted with no separate discussion on same: Customer Service: Memo of appreciation from Chief Giusiana to Officer Stan Devlin for the professional and positive manner representing the department as noted in a letter to the editor to the Gilroy Dispatch by Charlotte Noriega; Letter of thanks from Tony Sanchez, Junior Olympic Commissioner, Metro San Jose, to John Garcia who helped make Metro Santa Clara a great organization; and Letter of thanks from Martin Von Raesfeld, Fire Marshal, City of Santa Clara, commending Ed Bozzo for the assistance provided as part of the Santa Clara Arson Task Force. Informational items: Letter of thanks from George W. Kennedy, District Attorney, to Mayor Springer for taking the time to compliment the work of Community Prosecutor Frank Carrubba; and Community Development Department - Planning Division monthly report of long-range applications and status ofRDO allocation & activity dated December 21,2000. 7 " , ,( ',' b h r) Youth Center City Attorney Callon distributed a memo announcing that the Public Utilities Commission of the State of California has approved the application of Pacific Gas & Electric Company and the City of Gilroy and the Gilroy Gang and Drug Abuse Prevention Task Force for the purchase by the City of the property currently being used as a Youth Center. Councilman Morales announced the first Festival of Arts at the South Valley Community Church on January 6,2001 from 1:00 p.m. to 4:00 p.m. Councilman Velasco stated that the Youth Center purchase is great for the City. The Mayor announced that on January 16,2001 at 6:00 p.m., the VTA will hold a public information session in Morgan Hill at Jane's Utopia, 17835 Monterey Highway, on the proposed widening of Highway 101 north of Morgan Hill into San Jose. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 JANUARY 2001 2 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers 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 Study Session - RDO Affordable Housing Exemption -7:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California 23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 29*Study Session - CIB - 7:00 p.m., Gilroy City Council Chambers FEBRUARY 2001 5 * Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 12 Interviews for Boards/Commissions - 6:00 p.m., Gilroy Senior Center Meeting Room 12 Tentative Study Session - Subdivision Code/Standards Update - 7:00 p.m., Gilroy Senior Center Meeting Room 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 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy MARCH 2001 5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 13 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 7:58 p.m. the Mayor adjourned the meeting to a closed session pursuant to Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: APN 808-20-014, on the north side of West Luchessa Avenue at Thomas Road. Pavlina Properties Partnership, Div. 1, land owner. Negotiating parties: Jay Baksa and Pavlina Properties Partnership, Div. I Under negotiation: Acquisition 7 ' '-.,. .. b .~) I At 8: 16 p.m. the Mayor reconvened the meeting and announced that no action had been taken in the Closed Session, and further adjourned the meeting at 8: 16 p.m. Respectfully submitted, ~ /s/ RHONDA PELLIN City Clerk