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Minutes 1999/02/16 7(:98 Invocation Posting Agenda Roll Call New Employee Regular Meeting February 16, 1999 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Jim Johnson, South Valley Community Church, gave the Invocation. The City Clerk noted that the Agenda had been posted on February 11, 1999 at 1 :30 p.m. Present: Councilmembers: Guadalupe Arellano, Lisabeth A Gifford, Charles S. Morales, Suellen C. Rowlison, Thomas W. Springer, Anthony C. Sudol III, and K. A Mike Gilroy - 7:01 p.m. The Mayor introduced new employee Kenneth Edward Heredia, Fire Division Chief, Fire Department. Proc.-Dr. Rose The Mayor noted a proclamation for Dr. Rose Marie Joyce, 1998 Woman of Marie Joyce the Year, which was presented to her on February 12, 1999. Proc.-JeffMartin The Mayor noted a proclamation for Jeff Martin, 1998 Man of the Year, which was presented to him on February 12, 1999. Proc.-Lynda Nolan The Mayor noted a proclamation Lynda Nolan, 1998 Firman B. Voorhies Volunteer ofthe Year, which was presented to her on February 12, 1999. Proc.- Therese The Mayor noted a proclamation for Therese Strutner, 1998 EDC Educator of Strutner the Year, which was presented to her on February 12, 1999. Proc.-Joan Martens Proc.-Rosso's Furniture The Mayor noted a proclamation for Joan Martens, 1998 EDC Educator of the Year, which was presented to her on February 12, 1999. The Mayor noted a proclamation for Rosso's Furniture, 1998 Small Business of the Year, which as presented to them on February 12, 1999. Proc.-Giacalone The Mayor noted a proclamation for Giacalone Electrical Services, Inc., 1998 Elec.Serv.Inc. Large Business of the Year, which was presented to them on February 12, 1999. Proc.-Gilroy The Mayor noted a proclamation for the Gilroy Garlic Festival Association, Garlic Festival 1998 Excellence Award, which was presented to them on February 12, 1999. Assoc., Inc. Emp. Award Consent Calendar Ord.99-01 The Mayor presented the Employee Award for the Month of January, 1999, to Joshua Valverde, Firefighter, Fire Department. Motion was made by Councilman Morales, seconded by Councilman Springer and carried that the following items under the Consent Calendar be approved amending Item B. re: Minutes of the Regular Council Meeting of February 1, 1999 to reflect that Councilman Sudol presided over the meeting as Mayor Pro Tern, by the following Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano, Lisabeth A Gifford, Charles S. Morales, Suellen C. Rowlison, Thomas W. Springer, Anthony C. Sudol III, and K. A Mike Gilroy: Adopted Ordinance No. 99-01 of the City Council of the City of Gilroy repealing Ordinance No. 95-04 and providing for salaries for members ofthe City Council. 7'. ..-'jn , C- :> ) ORDINANCE NO. 99-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING ORDINANCE NO. 95-04 AND PROVIDING FOR SALARIES FOR MEMBERS OF THE CITY COUNCIL. PASSED AND ADOPTED this 16th day of February, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT: Minutes Minutes of the Regular Council Meeting of February 1, 1999 as amended. Com. Services Jim McCann, Public Information Officer, reported on the Falcon Cable Dept. Report negotiations. Bob Lewis, Water Division, reviewed the SCADA system, which replaced the obsolete telemetry water system. Janet Wohlgemuth, California Conservation Corps, reviewed the work projects completed over the last year in the Gilroy and Morgan Hill areas. (At 7:29 p.m. Councilman Morales left the Council Chambers, and returned at 7:30 p.m.) Bid-Golf Course The Mayor presented recommendations to award the bid of Economics Audit Research Associates in the amount not to exceed $18,000.00 for the Golf Course Operational Analysis/Performance Audit. Motion was made by Councilman Springer, seconded by Councilman Morales and carried that this issue be reagendized for the next meeting for additional information. (Action taken later in this meeting) 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. Motion was made by Councilman Sudol, seconded by Councilman Springer and carried to continue this request to April 19, 1999, due to a continuance by the Planning Commission. Pub.Hearing Eminent Domain- Charvez The Mayor stated it was the time and place scheduled for a Public Hearing to adopt a resolution declaring public necessity for acquisition of property, for a project located on Sunrise Drive, west of Santa Teresa Boulevard, the southwest corner of Sunrise Drive and Santa Theresa Boulevard, and the west side of Santa Teresa Boulevard, south of Sunrise Drive, and authorizing the City Attorney of the City of Gilroy to institute suit in eminent domain therefor, APN 783-20-033, Lands of Charvez. The staff report was noted and further explained by City Engineer Smelser, including a review ofthe required findings. He distributed a site map for the area. He explained that the traffic report prepared for the tentative maps for this area noted the necessity for an additional outlet for that area. He explained that condition #25 on TM 95-02 and condition #23 on TM 95-03 were required to provide the extension of Sunrise Drive to service those two tentative maps. He noted that when the street was conditioned, it also provided for the acquisition of properties along Sunrise Drive and Santa Teresll ~~ulevard. He stated that acceleration and deceleration lanes are f@ij.l-lif~Q lq m~lntain safety on this roadway. He noted that the acceleration lane will not impaot the access to the Sigala property. He stated that a noise study was completed at the request of the Sigala's, and distributed a copy of the noise study tabulation data. He stated that there was virtually no impact from noise, only .5 dBA. 7. 7 Ur-, ,') J .i The City Attorney stated that the environmental review also placed this requirement of the extension of Sunrise Drive as a mitigation measure. Bart Hechtman, attorney for Arcadia Homes, stated that it will be necessary to continue with the eminent domain proceedings this evening, because the matters have not settled. The City Attorney stated that negotiations can continue and the matters can be settled during the condemnation proceedings. (At 8:25 p.m. Councilman Morales left the Council Chambers, and returned at 8:27 p.m.) The City Engineer explained that the traffic study noted at 150 units, Sunrise Drive would need to be constructed, and that at 197 units, Longmeadow Drive's capacity would be exceeded. He distributed exhibits for each property being discussed. He noted that the eventual future width of Santa Teresa Boulevard is 110 feet, but he emphasized that it is unknown when this might occur. He explained that at that future time, there would be 55 feet needed from the centerline. He explained that at the present time, 37 feet is needed from the centerline. He also noted that a soundwall will be constructed in the future. Councilman Springer explained that along with the traffic issue, the issue of public safety response time of fire services and other emergency services personnel also was a factor that required Sunrise Drive to be constructed. Councilmember Arellano questioned the allowed decibel level. The City Engineer stated that the standard decibel level is 60 dBA. He explained that the consultant who conducted the noise study did follow the City Ordinance when they conducted their study. She also questioned what would happen if Sunrise Drive was not constructed. The City Engineer stated that the traffic would travel on existing streets. The City Attorney stated that the mitigation measure would have to be reanalyzed to come up with other mitigations. The City Attorney noted that no written requests from the property owners to appear to be heard were received on these public hearings. She also stated that the staff report as presented and the comments that have been made up to this moment will be included for the record as a part of each public hearing on the resolutions of necessity. Councilman Sudol questioned possible litigation and costs for an alternative should Sunrise Drive not be constructed. The City Engineer explained that all costs are currently being borne by the applicant, and he was unsure that the City could impose costs for an alternative. He explained that Sunrise Drive is part of the General Plan and has been proposed for this use for many years, and he could not think of any other alternative. Councilman Springer questioned the development potential of properties of Sunrise Drive ifthe roadway was not developed. The City Engineer stated that there would be concerns for development of these properties if the roadway was not constructed. Councilman Springer questioned when the conditions were placed on the tentative map and eminent domain was anticipated as a possible action, would it further increase our liability potential if the roadway was not allowed to be constructed. The City Attorney stated that the subdivision map act requires that if the City places a condition on a tentative map for a developer to acquire property that is offsite, that if the developer cannot complete acquisition within 120 days, then the City shall commence negotiations, and perhaps end up in condemnation proceedings or the City will waive the condition of the map. The Mayor opened the Public Hearing. 73Gl Noone appeared to speak on this matter. The Mayor closed the Public Hearing. Res. 99-12 Motion was made by Councilman Sudol, seconded by Councilman Morales that the Resolution of Necessity be adopted. Pub. Hearing Eminent Domain- Yang RESOLUTION NO. 99-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A FEE INTEREST IN A PORTION OF THE REAL PROPERTY IDENTIFIED BY APN 783-20-033, KNOWN AS THE LANDS OF CHARVEZ AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. PASSED AND ADOPTED this 16th day of February, 1999, by the following vote; AYES: NOES: ABSENT: COUNCILMEMBERS: GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNC~MEMBERS: ARELLANO COUNCILMEMBERS: NONE The Mayor stated it was the time and place scheduled for a Public Hearing to adopt a resolution declaring public necessity for acquisition of property, for a project located on Sunrise Drive, west of Santa Teresa Boulevard, the southwest corner of Sunrise Drive and Santa Theresa Boulevard, and the west side of Santa Teresa Boulevard, south of Sunrise Drive, and authorizing the City Attorney of the City of Gilroy to institute suit in eminent domain therefor, APN 783-20-010, Lands of Yang. The staff report was previously reviewed by City Engineer Smelser. The Mayor opened the Public Hearing. Di P. Yang stated that a new roadway to the north of the private road should be built, rather than overlaying the new road on the private road. He also stated that the City is taking 8/lOths of an acre of his land, and disagrees with the amount of money that the City is offering. The City Attorney stated that each property owner was made an offer based on a formal appraisal. The Mayor closed the Public Hearing. Councilmember Arellano stated that she is having problems with finding # 1 that it is in the public interest and necessity to require the proposed project. She stated that she understands the public safety reasoning, but if the homes were never built, there would not be the need for the roadway. The City Engineer explained the need for the construction of Sunrise Drive and explained the Santa Clara County requirement limiting the number of access points on Santa Teresa Boulevard. Councilman Springer stated that Councilmember Arellano was not correct in her statement relating to the public safety issues that would occur only when the 150th home was built and they are actually related to traffic concerns as if they started when the 150th home was built and that was not the case. He reviewed the public hearing when the issue of when Sunrise Drive construction could be required. He noted the concerns related to traffic, and the discussion and requirement to construct Sunrise Drive when the 150th home was built. He noted the issue tonight is the fairness of the offers for purchase of the land needed for the construction of Sunrise Drive. He noted the next step if negotiations fail, is eminent domain proceedings and to go to court. 7302 Res. 99-13 Pub. Hearing Eminent Domain- Sigala The City Attorney stated that we are not dealing with the fairness of the offers tonight. The offers have been made, based on fair market value, based on a formal appraisal. Councilwoman Rowlison stated that the property owners along Sunrise Drive are being compensated for their land, and also will be able to use this upgraded roadway when it is complete. She questioned whether the property owners to the south of Sunrise Drive have to participate in the cost of construction of Sunrise Drive. The City Engineer stated that the developer will be required to construct Sunrise Drive to the full width, but when the properties develop to the south there will be a reimbursement back to the developer. Councilmember Arellano stated for the record that she is voting against this issue, because she feels that the Yang property is being unduly impacted and gets no direct benefit from this property. Motion was made by Councilwoman Rowlison, seconded by Councilman Morales that the Resolution of Necessity be adopted. RESOLUTION NO. 99-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A FEE INTEREST IN A PORTION OF THE REAL PROPERTY IDENTIFIED BY APN 783-20-010, KNOWN AS THE LANDS OF YANG AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. PASSED AND ADOPTED this 16th day of February, 1999, by the following vote; AYES: NOES: ABSENT: COUNCILMEMBERS: GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: ARELLANO COUNCILMEMBERS: NONE The City Attorney stated for the record that these resolutions of necessity require a 2/3 vote, which is five votes. At 8:58 p.m., the Mayor called for a recess, after which he recalled the meeting to order. The Mayor stated it was the time and place scheduled for a Public Hearing to adopt a resolution declaring public necessity for acquisition of property, for a project located on Sunrise Drive, west of Santa Teresa Boulevard, the southwest corner of Sunrise Drive and Santa Theresa Boulevard, and the west side of Santa Teresa Boulevard, south of Sunrise Drive, and authorizing the City Attorney of the City of Gilroy to institute suit in eminent domain therefor, APN 783-20-032, Lands of Sigala. The staff report was previously reviewed by City Engineer Smelser. The Mayor opened the Public Hearing. Robert Sigala, 9555 Santa Teresa Boulevard, distributed a document regarding this property. He stated that the ingress was to be in Phase II, not Phase I. He noted a water ditch that must be maintained in front of his property. He noted the 37' of property that will be taken at this time, and his concerns if they take additional property in Phase II. He noted the intrusion on his property versus the intrusion on the property on Sunrise Drive. He noted the first two pages that he distributed to the Council give him power of attorney for this property. He reviewed the mishandling of this project. He stated that he was never notified by registered letter of the proposal. He stated that this is not a proper hearing as the 7". .... ..) Ij .) Code of Civil Procedure #1245.230 as the City filed under, should have been #1245.235, and that no vote can be taken until he has received proper notice. He noted that there are four potential lawsuits out of his situation. The City Attorney stated that staff needs to acknowledge that a statutory offer was made to Mr. Sigala based on an appraisal. She noted that the notice sent to Mr. Sigala listed both Code of Civil Procedure numbers and he did receive a proper notice. Rick Smelser stated that two offers were made to Mr. Sigala and a second offer included landscaping, fencing and a sound study. Bart Hechtman stated that the initial offer was sent by the city attorney's office on August 14th, that had a defective legal description listing 25' of property to be taken. He stated an amended offer was sent by certified mail on August 24th listing 37', and a second amended offer was sent December 21, 1998 by Alan Louie including amounts for landscaping and replacement of a fence. He noted that all offers were sent to the owners of record which are Paul & Irene Sigala. The City Attorney stated that what Mr. Sigala distributed to the Council tonight was not a power of attorney, but rather a notice to the City that he will be acting as agent for the owners. Paul Sigala stated that his son does have power of attorney. The Mayor closed the Public Hearing. In answer to a question, the City Engineer stated that Phase I is the interim right-of-way, and Phase II is the ultimate right-of-way of 55', which is not a part of tonight's hearing. He explained that the acceleration lane is a pie shape that terminates in front of the Sigala property. The City Engineer stated that the City of Gilroy is working with the County of Santa Clara and following their standards for Santa Teresa Boulevard.. Councilmember Arellano stated for the record that she is voting no on this issue because even though there is a need for Sunrise Drive to be built, she can't find for finding #3 that the property is necessary for the proposed project, and that she feels that these properties are the least compensated and won't benefit from the road. Res. 99-14 Motion was made by Councilman Sudol, seconded by Mayor Gilroy that the Resolution of Necessity be adopted. RESOLUTION NO. 99-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A FEE INTEREST IN A PORTION OF THE REAL PROPERTY IDENTIFIED BY APN 783-20-032, KNOWN AS THE LANDS OF SIGALA AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. PASSED AND ADOPTED this 16th day of February, 1999, by the following vote; AYES: NOES: ABSENT: COUNCILMEMBERS: GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: ARELLANO COUNCILMEMBERS: NONE The Mayor deviated from the agenda to accommodate interested persons in the audience. 7304 Eminent Domain- Crum Res. 99-15 Dedication- Larson The Mayor noted a request to adopt a resolution of the City Council of the City of Gilroy declaring public necessity for acquisition of property, for a project located on Sunrise Drive, west of Santa Teresa Boulevard, the southwest corner of Sunrise Drive and Santa Theresa Boulevard, and the west side of Santa Teresa Boulevard, south of Sunrise Drive, and authorizing the City Attorney of the City of Gilroy to institute suit in eminent domain therefor, Lands of Crum. The Mayor questioned why this is not a Public Hearing, and the City Attorney explained that they cannot locate the owners of record to notice them, and that the property is also not a legally subdivided parcel. Bart Hechtman noted that a deed from 1972 was found showing five Crum siblings owned the property and when it sold, they kept a 50 foot strip but no separate parcel was created. Motion was made by Councilman Sudol, seconded by Councilmember Gifford that the Resolution of Necessity be adopted. RESOLUTION NO. 99-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A FEE INTE~ST IN A PORTION OF THE REAL PROPERTY KNOWN AS THE LANDS OF CRUM AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. PASSED AND ADOPTED this 16th day of February, 1999, by the following vote; AYES: NOES: ABSENT: COUNCILMEMBERS: GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: ARELLANO COUNCILMEMBERS: NONE The Mayor noted a resolution of the City Council of the City of Gilroy to accept an irrevocable offer of dedication of an easement for Public Street regarding Sunrise Drive, APN 783-20-009, Lands of Larson. Thy City Attorney explained that the property is burdened with an irrevocable offer'~f dedication which was originally,to the County' and the City has now succeeded to the County's interest. She noted that it isrecorruhended that the City accept the irrevocable offer of dedication and take the property at this point in time. Mike Dudley, speaking on behalf of Carole Larson, stated that this will be a major impact to the property, and the offer that has been made is inadequate. He stated that Ms. Larson has never signed anything on this, that it is just an easement, and was never meant for development. '1," Bart Hechtman, attorney for Arcadia Homes, stated that they did title research on each home. He noted that on this preliminary title report, they found a 1975 recorded document for an irrevocable offer of dedication and a deferred development agreement. He stated that this is different than an easement encumbrance. Res. 99-16 Motion was made by Councilwoman Rowlison, seconded by Councilman Morales that the Resolution accepting dedication be adopted. RD 92-29 7. .."~ ~ ,.~ '"" \.! . RESOLUTION NO. 99-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ACCEPTING THE IRREVOCABLE OFFER TO DEDICATE AN EASEMENT FOR PUBLIC STREET AND ROAD PURPOSES AFFECTING A PORTION OF SAID LAND IDENTIFIED BY APN 783-20-009, KNOWN AS THE LANDS OF LARSON. PASSED AND ADOPTED this 16th day of February, 1999, by the following vote; AYES: NOES: ABSENT: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE The Mayor noted a request by Country Estates Venture to amend their original Residential Development Ordinance (RDO) approved allocation of 177 custom single family detached lots, 11 custom home single family estate lots, and 30 townhouses, by proposing to replace 5 single family detached lots with 5 single family estate lots, changing the location and phasing of the townhouse units, overall distribution of single family lots, replacement of specific sections of public streets with common private driveways, and elimination of a secondary access road to Highway 152 (Hecker Pass Highway), RD 92-29. Councilmember Gifford recused herself from voting on this issue, since her residence is within approximately 2,500 feet from the project, and it may have an effect on her property. The staff report was noted and further explained by Planner I O'Brien. The City Attorney commented that the applicant has requested five different exceptions to their RDO approval, noting that one was to eliminate the secondary access to Highway 152. She stated the Planning Commission determined that it would be appropriate to exclude the access from this phase and therefore the Tentative Map that is to be reviewed next on the agenda. She noted that the Planning Commission did want City Councils in the future to determine whether this access road is necessary at a different phase in the project and added a condition for that to the Tentative Map. She stated that ifthis City (&ouncil wants to add that condition to the Tentative Map, that it not be deleted from the RDO approval, but just this phase of the project. Traffic Engineer Abrams explained that the third access is no longer needed for the current project. Teri Wissler, EMC Planning Group, stated that they reviewed this project and surrounding projects, and the cumulative impact would require the signalization of Highway 152 and Burchell Road. She noted that if the secondary access was constructed, the signalization would not be needed. She explained that when the golf course fell through, it was determined that no signalization would be required. Armenta Jensen, Ruggeri Jensen Azar Associates, representing the applicant, gave her perspective on the project. She stated that the third access road is not required. (At 10:54 p.m. Councilmember Arellano left the Council Chambers, and returned at 10:55 p.m.) The City Attorney stated that the access road should not be excluded from the RDO, because it was in the original application. She stated that it should be left in as an option. 7 "?- r 6 ~) .J Pub. Hearing TM 95-06 Pub. Hearing Z 98-08 Motion was made by Councilwoman Rowlison, seconded by Mayor Gilroy and carried (Councilmember Gifford absent) to approve changes 1-4, and both accepted a friendly amendment proposed by Councilman Springer to eliminate the requirement for the road from Phase II of this project. Bill Gates, attorney for the applicant, stated that if this motion passes as it is stated, the road will need to be constructed. Armenta Jensen reviewed the RDO points for this project and stated her concerns. It was noted for the record that this analysis will be used in any future requests for this project. The Mayor returned to the regular order of the agenda. The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide a 61 acre portion of a larger parcel into a 87 lot single-family residential subdivision, plus one remainder lot, representing Phase 2 of the Country Estates project, on property zoned RH (Residential Hillside) located at the westerly terminus ofMantelli Drive, north of Country Drive. Country Estates, applicant, TM 95-06. The staff report was noted and further explained by Planner I O'Brien and she answered questions posed by Councilmembers. The Mayor opened the Public Hearing. Armenta Jensen, Ruggeri Jensen Azar Associates, answered questions posed by Councilmembers. The Mayor closed the Public Hearing. Motion was made by Councilman Springer, seconded by Councilmember Arellano and carried (Councilmember Gifford absent) to approve the mitigated Negative Declaration, finding that; (a) it is completed in compliance with CEQA; (b) it reflects the independent judgment of the City; and (c) there is no substantial evidence that the project will have a significant effect on the environment. Councilman Sudol stated for the record that he is voting no on this issue, because he feels that the road should not be there at all. Motion was made by Councilman Springer, seconded by Councilman Morales and carried (Councilman Sudol voting no and Councilmember Gifford absent) to direct staff to prepare a resolution approving TM 95-06, subject to 39 conditions. Councilmember Gifford returned to her seat. The Mayor stated it was the time and place scheduled for a Public Hearing on a Zone Change request to change the City of Gilroy Zoning Map on a 1. 11 acre parcel from R3 (Medium Density Residential) to R3-PUD (Medium Density Residential-Planned Unit Development), located on east Eighth Street, east of Chestnut Street. Robert Martinez, applicant, Z 98-08. Councilmember Arellano stated that although her property is within approximately 2,000 feet from the project, it will not affect her property, and she will therefore vote on it. The staff report was noted and further explained by Planner I Stice. 7 1 l' .., ,) :.J / (At 11:50 p.m. Councilman Sudol left the Council Chambers, and returned at 11:52 p.m.) The Mayor opened the Public Hearing. The Mayor closed the Public Hearing. Motion was made by Councilwoman Rowlison, seconded by Councilman Morales and carried to approve the mitigated Negative Declaration, finding that; (a) it is completed in compliance with CEQA; (b) it reflects the independent judgment of the City; and (c) there is no substantial evidence that the project will have a significant effect on the environment. Motion was made by Councilwoman Rowlison, seconded by Councilman Morales and carried to direct staff to prepare an ordinance approving Z 98-08. Pub. Hearing TM 98-11 The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide an approximate 1.11 acre parcel into a 4-10t residential subdivision for the purpose of constructing residential duplexes, on property proposed to be rezoned to R3-PUD (Medium Density Residential- Planned Unit Development), and presently zoned R3 (Medium Density Residential) located at 600 E. Eighth Street, east of Chestnut Street. Robert Martinez, applicant, TM 98-11. The staff report was noted and further explained by Planner I Stice. The Mayor opened the Public Hearing. The Mayor closed the Public Hearing. Motion was made by Councilwoman Rowlison, seconded by Councilmember Arellano and carried to direct staff to prepare a resolution approving TM 98-11, subject to 15 conditions. AlS 98-39 The Mayor noted a request for a Planned Unit Development Architectural & Site Review approval to allow the construction of four duplexes and a private cul- de-sac on a 1.11 acre parcel proposed to be zoned to R3-PUD (Medium Density Residential-Planned Unit Development) on property located at 600 E. Eighth Street, east of Chestnut Street. Robert Martinez, applicant, AlS 98-39. The staff report was noted and further explained by Planner I Stice. Motion was made by Councilman Sudol, seconded by Councilman Springer and carried to direct staff to prepare a resolution approving AlS 98-39, subject to 9 conditions. Motion was made by Councilman Springer, seconded by Councilman Morales and carried to reconsider the proposal on the Golf Course Operational Analysis/Performance Audit. Bid-Golf Course The City Administrator presented recommendations to award the proposal of Audit Economics Research Associates in an amount not to exceed $18,000.00 for the Golf Course Operational Analysis/Performance Audit. Motion was made by Councilman Sudol, seconded by Councilman Morales and carried to enter into contract with Economics Research Associates in an amount not to exceed $18,000.00 for the Golf Course Operational Analysis/Performance Audit. Councilmember Arellano requested in the future to see all the proposals when an item like this is placed on the agenda. 7.... ~ f' 8 ~/ U. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Conan Knoll, Gilroy Dispatch, introduced Terra Fachin, a senior at Gilroy High School who is working at the Gilroy Dispatch. Census 2000 The Mayor noted a letter from Chairman Pete McHugh of the Santa Clara County Board of Supervisors regarding the formation of a Complete Count Committee for Census 2000, and requesting City collaboration in promoting the census. Consensus of the Council was to appoint Councilman Springer with Councilmember Arellano the alternate. Marie Blankley The Mayor noted a letter from Marie Patane Blankley resigning from the Planning Commission. The Mayor requested the City Clerk contact those persons who had expressed an interest in the Planning Commission to see if they are still interested in an appointment, and agendize this for the next meeting Councilwoman Rowlison requested the letter and resolution on MTBE previously sent to the governor be resent to the new governor, Peter Frusetta, Bruce McPherson and Cal-EP A. Councilman Springer noted that everyone should read the League of California Cities Legislative Analysis regarding the tobacco settlement and take strong issue with using this money to backfill the ERAF. He also noted the information on the increase in transportation funds. Councilman Morales noted Ordinance No. 308 by the City of San Ramon regarding laser pointers. Councilman Springer questioned the memo from Jim McCann regarding Falcon Cable, and it was noted that Mr. McCann will contact Councilmen Springer and Sudol regarding this issue. The following information items were noted with no separate discussion on same: Legislation: League of California Cities Legislative Bulletin #4-1999 dated January 29, 1999; Letter from Senator Richard Mountjoy dated February 1, 1999 regarding SB 521-MTBE study and copies ofMTBE Public Hearing Agendas for February 19 and 23, 1999; League of California Cities Legislative Bulletin #5-1999 dated February 5, 1999; League of California Cities Resolutions Adopted at 100th Annual Conference held in Long Beach, CA October 2-4, 1999; and League of California Cities-Peninsula Division-Schedule 1998-99, and copies of handouts distributed by Assemblyman Ted Lempert at General Membership Meeting held on January 28, 1999 regarding the 1999 Legislative Session. 77'" 9 ~) I.J " Customer Service: Letter of congratulations from Assemblymember Peter Frusetta to Jay Baksa on his CPRS volunteer award and his dedication working with youth; Letter of appreciation from Connie Rogers to Bryan Stice, Planner I regarding his presentation to the Gilroy Historical Society; Letter of appreciation from California Park & Recreation Society District IV to Gayle Glines for her successful efforts organizing its annual Awards Dinner; Letter of congratulations from Bellinger, Foster & Steinmetz to Jay Baksa regarding his CPRS volunteer award; and Notes of appreciation from Pacific Western students to the Gilroy Museum staff regarding their recent visit. Informational items: Correspondence re: Closing Memorandum - Gilroy Public Facilities Financing Authority, 1999 Authority Refunding Revenue Bonds; Letter from Louella Kendrick regarding decaying sidewalks in Gilroy; Correspondence from Santa Clara County Cities Association to Governor Davis re: regarding installation of safety barrier along Highway 101; Ordinance No. 398 from the City of San Ramon relating to the use, sale and possession of laser pointers; Correspondence from Bay Area Council regarding the release of the 1998 Bay Area Poll results; and Memorandum from Jim McCann, Public Information Coordinator, regarding Falcon Cable Customer Service Report for Fourth Quarter, 1998. Plan. Com. 2-4-99 The report of the Planning Commission meeting of February 4, 1999 was noted. Plan. Com. 1-7 -99 The minutes of the Planning Commission meeting of January 7, 1999 were noted. P&R Com. 1-19-99 The minutes of the Parks and Recreation Commission meeting of January 19, 1999 were noted. A&C Com. 1-12-99 The minutes of the Arts and Culture Commission meeting of January 12, 1999 were noted. Lib. Com. 1-13-99 The minutes of the Library Commission meeting of January 13, 1999 were noted. Gang Task Force The minutes of the Gang Task Force meeting of January 5, 1999 were noted. 1-5-99 Gilroy Golf The January, 1999 Gilroy Golf Course newsletter was noted. Course Newsletter The City Administrator distributed the proposed comprehensive fee schedule noting that this will be on the March 1 agenda. He also distributed a model ordinance by the BAAQMD on fireplaces, and the new 1999 Goals & Objectives and 1998 end of year Goals & Objectives. He questioned whether the Council wanted to schedule March 3, 1999 for a joint meeting with the Gilroy Unified School District School Board, but two members were unable to make that date, and therefore a new date will be set. 7310 Adjrnmt. The Mayor noted the 90 day City Council calendar, a list of upcoming meetings. He announced that Supervisor Don Gage is the new Chairman pro tern of the Board of Supervisors. He stated that he would like the City of Gilroy to co- sponsor the Memorial Day parade again, and Council concurred. He requested Councilwoman Rowlison notifY the Water District that there is graffiti on Monterey Street near Howson Street. Councilman Springer stated that this afternoon he, Councilman Morales, staff members and others met with Peter Frusetta, Bruce McPherson, Jose Medina from Caltrans and staff from Caltrans District 4 regarding construction of a median barrier on Highway 101. He noted that it is scheduled to be constructed from September to November, 1999. Councilmember Arellano noted a letter in the packet from a concerned citizen regarding the JP A decision on the CAC meetings. She noted that this item will be reagendized for the February 25 JP A meeting for further discussion. Councilmember Gifford stated that the Domestic Violence Council set their goals for the year, noting that their #1 priority is to open a clinic at the Family Resource Center downtown. She reviewed additional goals they have set. She stated that the Gilroy Downtown Development Corporation donated $500 to the EDC and $500 to the Police Department to buy another bicycle for patrolling and requested the alley be open between 7th and 8th Streets. She stated that they would like stricter enforcement of hand painted signs downtown. She requested that any renovation between 6th to 10th Streets be coordinated with any renovations from 6th Street north. She noted that she attended a meeting on obtaining the grant for renovation of 6th to 10th Streets, which had good attendance and input. Councilman Sudol stated that the Visitors Bureau held their annual retreat and he reported on their goals. Councilman Morales stated that he attended the Santa Clara County Agriculture Conservation Easement Project meeting. He noted the rededication bE. San Y sidro Park and thanked everyone that attended. Councilwoman Rowlison noted that she attended a SCVWD Flood Control meeting. She commented that she received the tape of the opening session of the League of California Cities annual conference from October and stated that it is available if anyone wants to borrow it. She stated that she has tickets for the Bach to Blues Concert to be held at Gavilan College on Friday evening, February 19. The Mayor noted the following meeting/event: Study session - February 22, 1999, 7:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California, to review the Neighborhood Revitalization Strategy. At 12:49 a.m. the Mayor adjourned the meeting. Respectfully submitted, ~tJ{flt,c~/ '-" /s/ ONDA PELLIN City Clerk