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Minutes 2001/03/05 7 6 () :+ Posting Agenda Roll Call New Emp. Proc. -Science Fair Week Regular Meeting March 5, 2001 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The City Clerk noted that the Agenda had been posted on February 28, 2001 at 2:43 p.m. Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S. Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W. Springer - 7:04 p.m. The Mayor noted an addendum to the agenda, Item E. under Unfinished Business, regarding transient occupancy tax business records. The Mayor introduced new employee Marilyn Roaf, HCD Grant Coordinator, Community Development Department. The Mayor presented a proclamation for Science Fair Week - March 11-17, 2001 to Frank Crosby. Proc.-Marge The Mayor noted a proclamation for Marge Albaugh Day, February 23,2001, Albaugh Day which was presented to her on February 23, 2001. Proc.-Peace Corps Day Vol. Award Consent Calendar Minutes The Mayor noted a proclamation for Peace Corps Day, March 1,2001, which was mailed to the Peace Corps. The Mayor presented the Volunteers of the Month of February, 2001 to the LDS Missionaries. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Mark Lyons, 2245 Periwinkle Drive, congratulated the Mayor on beginning discussions to bring Calpine to Gilroy. Motion was made by Councilman Morales, seconded by Councilman Velasco and carried that the following items under the Consent Calendar be approved, removing Item E. Approval of a parcel map for South County Housing, Monticelli Apartments, 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 February 20,2001; 7 - .... ~". " b;;. "; Res.200 1-7 Adopted Resolution No. 2001-7 establishing an all-way stop at the intersection of Country Club Drive and Strawberry Lane in the City of Gilroy pursuant to Section 15.40 ofthe City Code; RESOLUTION NO. 2001-7 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF COUNTRY CLUB DRIVE AND STRAWBERRY LANE IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE. PASSED AND ADOPTED this 5th day of March, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Willard Court Designated Willard Court as a "Permit Parking Only" street from 8:00 a.m. to Parking 4:00 p.m. Monday through Friday; Res.2001-8 Adopted Resolution No. 2001-8 initiating proceedings for the annual levy of assessments for Maintenance District No.1, fiscal year 2001/2002; RESOLUTION NO. 2001-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR MAINTENANCE DISTRICT NO.1, FISCAL YEAR 2001/2002. PASSED AND ADOPTED this 5th day of March, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Custom One Property Improvement Agreement No. 2000-11 and Tract Map No. 9228, Fifth Street Commons, Custom One, a California Corporation. So.Co.Housing Councilman Pinheiro recused himself from discussion and vote on this item Monticelli due to business interests. Apts. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried (Councilman Pinheiro absent) to approve a parcel map for South County Housing, Monticelli Apartments. Belinda Allen, Chairperson of the Planning Commission, noted that the Planning Commission appreciated being invited as active participants to the joint Council/Commission meetings. She noted that the Planning Commission has asked to be included as active participants in future work sessions on the RDO, Arts & Cultural Center, Calpine, the Police Station expansion, the Library expansion, and Specific Plans. She commented that the Planning Commission appreciates it when the City Council liaison does attend the Planning Commission meetings She stated that at the March 15, 2001 special meeting, the Planning Commission will consider changing the meeting start time to 6:00 p.m. TM 99-13 Gill Properties The Mayor noted a resolution modifYing and approving TM 99-13, a Tentative Map to create sixty-seven single-family lots on approximately 60 acres located north ofMantelli Drive, at the northeast corner of the Country Estates Subdivision, APNs 783-47-003, 783-47-004 and 783-04-018, Gill Properties, applicant. Community Development Director Allen reviewed information on a cost estimate and feasibility study regarding construction of a sidewalk on Mantelli Drive as requested. 7 f.. -.' ( , 0 ,) \ \ City Attorney Callon reviewed the CEQA requirements, noting that the Council would first have to find that the Negative Declaration did not cover this. It would then be sent to staff for review. She stated that if staff felt there were significant potential impacts with mitigation measures, they would have to recirculate the negative declaration. Regarding liability, she stated that the City can impose sidewalk maintenance on adjacent property owners, but the City would bear liability if the sidewalk was not maintained. Susan Steig, 2125 Mantelli Drive, read and distributed a letter in opposition to this request. Frankie Ness, 2020 Mantelli Drive, read and distributed an Email noting her opposition to this request. Res.200 1-9 Motion was made by Councilman Velasco, seconded by Councilmember G. Arellano and carried to adopt Resolution No. 2001-9 approving TM 99-13. Z 00-07 Coastal Rim Properties RESOLUTION NO. 2001-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MODIFYING AND APPROVING TM 99-13, A TENTATIVE MAP TO CREATE SIXTY-SEVEN SINGLE-FAMILY LOTS ON APPROXIMATELY 60 ACRES LOCATED NORTH OF MANTELLI DRIVE, AT THE NORTHEAST CORNER OF THE COUNTRY ESTATES SUBDIVISION, APNS 783-47-003, 783-47-004 AND 783-04-018, GILL PROPERTIES, APPLICANT. PASSED AND ADOPTED this 5th day of March, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: P. ARELLANO ABSENT: COUNCILMEMBERS: NONE The Mayor noted an ordinance to approve an application for a change in Zoning Designation from Al (Agricultural) to R3-PUD (Medium Density Residential-Planned Unit Development) for a senior citizen housing project on approximately 22.3::1:: acres, APN 810-21-006, Coastal Rim Properties, applicant, Z 00-07. Councilman Velasco recused himself from discussion and vote on this and the following two items due to the proximity of his residence to the project. Ord.2001-3 Motion was made by Councilmember G. Arellano, seconded by Councilman Sudol and carried to adopt Ordinance No. 2001-3 approving Z 00-07. TM 00-08 Coastal Rim Properties ORDINANCE NO. 2001-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM Al (AGRICULTURAL) TO R3-PUD (MEDIUM DENSITY RESIDENTIAL-PLANNED UNIT DEVELOPMENT) FOR A SENIOR CITIZEN HOUSING PROJECT ON APPROXIMATELY 22.3::1:: ACRES, APN 810-21-006, COASTAL RIM PROPERTIES, APPLICANT, Z 00- 07. PASSED AND ADOPTED this 5th day of March, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, SUDOL and SPRINGER NOES: COUNCILMEMBERS: PINHEIRO ABSENT: COUNCILMEMBERS: VELASCO The Mayor noted a resolution to approve TM 00-08, a Tentative Map to create fourteen lots for a senior citizen housing project on approximately 22.3 acres located on the southwest corner of Santa Teresa Boulevard and Hecker Pass Highway, APN 810-21-006, Coastal Rim Properties, applicant. 7 / .-' ,., /6" i Councilman Sudol noted a change in the vote on the agenda to be 4-2-1, in that he voted no on the request. Res.200 1-1 0 Motion was made by Councilman Morales, seconded by Councilmember G. Arellano and carried to adopt Resolution 2001-10 approving TM 00-08. NS 00-40 Coastal Rim Properties Res.200 1-11 Oaks Motel Pacheco Pass Motel Carol A. Thompson RESOLUTION NO. 2001-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 00-08, A TENTATIVE MAP TO CREATE FOURTEEN LOTS FOR A SENIOR CITIZEN HOUSING PROJECT ON APPROXIMATELY 22.3 ACRES LOCATED ON THE SOUTHWEST CORNER OF SANTA TERESA BOULEVARD AND HECKER PASS HIGHWAY, APN 810-21-006, COASTAL RIM PROPERTIES, APPLICANT. PASSED AND ADOPTED this 5th day of March, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES and SPRINGER NOES: COUNCILMEMBERS: PINHEIRO and SUDOL ABSENT: COUNCILMEMBERS: VELASCO The Mayor noted a resolution to approve NS 00-40, an application for Master Architectural and Site approval of a Planned Unit Development (PUD) for a senior citizen housing project involving approximately 22.3 acres, APN 810-21-006, Coastal Rim Properties, applicant. Motion was made by Councilmember G. Arellano, seconded by Councilman Morales and carried to adopt Resolution No. 2001-11 approving NS 00-40. RESOLUTION NO. 2001-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING NS 00-40, AN APPLICATION FOR MASTER ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A SENIOR CITIZEN HOUSING PROJECT INVOLVING APPROXIMATELY 22.3 ACRES, APN 810-21-006, COASTAL RIM PROPERTIES, APPLICANT. PASSED AND ADOPTED this 5th day of March, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES and SPRINGER NOES: COUNCILMEMBERS: PINHEIRO and SUDOL ABSENT: COUNCILMEMBERS: VELASCO Councilman Velasco returned to his seat at the dais. The Mayor stated this was the opportunity for a representative of the Oaks Motel and the Pacheco Pass Motel to testifY why they will not make the transient occupancy tax business records available for review by the City or the City's representative. It was noted that there were no representatives to testifY. Motion was made by Councilmember G. Arellano, seconded by Councilman Sudol and carried to direct the City Attorney to follow-up with the subpoenas in Superior Court. The Mayor noted a letter of resignation from Carol A. Thomson from the Public Arts Commission. Motion was made by Councilman Pinheiro, seconded by Councilman Sudol and carried to accept the resignation with regrets. Motion was made by Councilman Sudol, seconded by Councilman Pinheiro and carried to direct staff! Arts and Culture Commission to recruit and recommend a replacement. "7, 6 t~ R \,) ~. Expenditure of Funds A& C Com. 1-9-01 The Mayor noted a request for expenditure of funds to attend the legislative sessions in Sacramento on redistricting. Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to approve an expenditure offunds not to exceed $300.00 for each interested Councilmember to attend the legislative sessions in Sacramento on redistricting. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Priority Focus Issue #6-2001 dated February 16, 2001. Customer Service: Email of thanks from Vincent Elementary School to the Police Department for the items sent for career week; Letter of thanks from Emily Mardirosian, Gilroy Senior Center Gift Shop, to Joe Kline for the television presentation of the Gift Shop; Letter of thanks from Geralyn Fortino and Robin Rianda to Len Pugh, Scot Lang, Veronica Georges, Rosie Anzualda, Justin Perino, Moe McHenry, and Neal Andrade for assisting with the 2000 Santa Hotline; Letter of appreciation from Laurie Smith, Santa Clara County Sheriff, to Officers Latham, Braze and Guerin for their assistance with an investigation; Letter of thanks from Joyce Ferris-Metcalf, Santa Clara County Deputy District Attorney, to Officer Devlin for his assistance in preparing a case for trial; and Letter of commendation from Charles G. Gillingham, Santa Clara County Deputy District Attorney, to Sergeants Sheedy and Crumrine and Officers Hathaway, Callahan, and Guerin for the excellent investigation of an incident. Informational items: Community Development Department - Planning Division monthly report of long-range applications and status ofRDO allocation & activity dated February 23, 2001; LAFCO Proposed Budget for Fiscal Year 2001-2002; Letter to the Public Utilities Commission from Norman S. Allen regarding Rule 20A Utility Undergrounding projects; Gilroy Economic Development Corporation minutes of January 12, 2001; and City of Gilroy Police Department Supervisory Recognition for Sandra Sammut. The minutes of the Arts and Culture Commission meeting of January 9, 2001 were noted. Gang Task Force The minutes of the Gilroy Gang Task Force meeting of January 9, 2001 1-9-01 were noted. P&RCom. 1-16-01 The minutes of the Parks & Recreation Commission meeting of January 16, 2001 were noted. 7/" n V',) Sr.Adv.Bd. 1-8-01 The minutes ofthe Senior Advisory Board meeting of January 8, 2001 were noted. SCRWA 1-23-01 The minutes of the South County Regional Wastewater Authority meeting of January 23,2001 were noted. Youth Com. 1-8-01 The minutes of the Youth Commission meeting of January 8, 2001 were noted. The City Administrator requested any updates to the City Council Advisory Committees & Representatives listing be given to the City Clerk to finalize the document. He announced a meeting with downtown merchants to be held on Friday, March 9,2001 at 1:30 p.m. at the storefront regarding construction on the Monterey Streetscape. He distributed information on the grant consultants who have been selected to be "on call" for the City. He distributed information on yard waste disposal. Email for The Mayor noted an update on the availability of Em ail for Councilmembers. Councilmembers City Clerk Pellin and Information Technology Manager Quiroz gave a report on staff's general concept to provide Email for the City Councilmembers. The Councilmembers agreed that laptops would not be needed, except for those Councilmembers who do not currently have access to a computer. They also agreed that individual Email addresses would be provided for the Councilmembers to access. Quarterly Workshops The Mayor noted Council Quarterly Workshops for discussion of various issues. Council agreed to set the first mini-retreat for Thursday, May 3,2001 from noon to 4:00 p.m. (At 9: 13 p.m. Councilman Sudol left the Council Chambers, and returned at 9: 15 p.m.) (At 9: 16 p.m. Councilman Morales left the Council Chambers, and returned at 9: 17 p.m.) City Admin.! The Mayor noted the City Administrator and City Attorney annual review City Attorney process. Review Process Council agreed to have a subcommittee of Councilmembers Morales, Sudol, and Pinheiro to work with both the City Administrator and City Attorney to set a process. Inter-Regional The Mayor noted that the City of Gilroy will host the next Santa Clara County- Partnership Monterey Bay Inter-Regional Partnership workshop on May 14,2001 in Gilroy. The Mayor stated the location has not been set, and the start time will possibly be 6:00 p.m. Inter-Regional The Mayor noted a request for City support for a Santa Clara County- Planning Monterey Bay Inter-Regional Partnership planning grant. Grant Motion was made by Councilman Pinheiro, seconded by Councilman Sudol and carried to authorize sending a letter in support of the planning grant. Councilman Sudol noted that last week he attended a Senate committee session regarding reducing commutes and promoting housing. He gave the City Administrator information from the session, if any Councilmember is interested in reviewing the documents. Councilman Morales commented that last Thursday he attended his granddaughter's graduation from DARE. He stated that he was impressed with Chief Giusiana, Sgt. Kludt, and Officer T erasaki' s presentation of the certificates. 7/,,', . 0/ iJ Adjournment He stated that he traveled down south and revisited some councilmembers and visited some developments that are similar to those being proposed in Gilroy. He noted high respect other cities have for our City Administrator. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 MARCH 2001 5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 7 Study Session - RDO Process, Growth Numbers and Affordable Housing Exemption Policy - 7:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California 12 Quarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., GUSD Board Room, 7810 Arroyo Circle, Gilroy 13 SCRWAMeeting -7:30 a.m., 1500 SouthsideDrive, Gilroy} 19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 26*Study Session - Inclusion of660 acres into the General Plan - 6:00 p.m., Gilroy City Council Chambers 27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy APRIL 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 9*Tentative Special City Council Meeting on the General Plan Review - 7:00 p.m., Gilroy City Council Chambers 10 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 23 City Council/Planning Commission Mini-Retreat "Vision of Gilroy" - 7:00 p.m., Gilroy Senior Center Meeting Room 24 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy MAY 2001 7 Study Session - High Density Housing Design Standards - 5:30 p.m., Gilroy City Council Chambers 7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 SCR W A Meeting - 7: 3 0 a. m., 1500 Southside Drive, Gilroy} 14*Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers 21 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 29*Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers At 9:29 p.m. the Mayor adjourned the meeting. Respectfully submitted, ,--~c;1~~ /s RHONDA PELLIN City Clerk