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Minutes 1999/03/01 Invocation Posting Agenda Roll Call New Employee Vol. Award 7.,. .) Regular Meeting March 1, 1999 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Lee Neish, United Methodist Church, gave the Invocation. The City Clerk noted that the Agenda had been posted on February 25, 1999 at 11:18 a.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 - 7:00 p.m. The Mayor introduced new employee Geoffrey Guerin, Police Officer, Police Department. The Mayor presented the Volunteer of the Month of February, 1999 Award to David Murphy. Proc.-Renaissance The Mayor presented a proclamation to Wendy Gudalewicz and Emily Robb Academic for Renaissance Academic Excellence Week - March 1-5, 1999. Excellence Week Proc.- Peace Corps Day Consent Calendar Budget Minutes Claims Econ.Inc.- Home Depot Res. 99-17 The Mayor presented a proclamation to Dr. Joseph W. Kraut, Jr. for Peace Corps Day - March 2, 1999. (At 7: 13 p.m. Councilwoman Rowlison left the Council Chambers, and returned at 7: 17 p.m.) Motion was made by Councilman Springer, seconded by Councilman Sudol and carried that the following items under the Consent Calendar be approved removing Item C. re: Resolution regarding imposition of a special assessment lien for the costs of the public nuisance abatement for 8605 Murray Avenue, Gilroy, by the following Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles S. Morales, Thomas W. Springer, Anthony C. Sudol III, and K. A. Mike Gilroy; Absent: Councilmember: Suellen C. Rowlison: Budget Amendments/Transfers as recommended; Minutes ofthe Regular Council Meeting of February 16, 1999; Denied claims of Linda Heffner; Aurora Perez; and Ruben & Victoria Vasquez; Economic Incentive Agreement for The Home Depot; Adopted Resolution No. 99-17 of the City Council of the City of Gilroy Initiating proceedings for the annual levy of assessments for Maintenance District No.1, Fiscal Year 1999/2000; RESOLUTIONy NO. 99-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY INlTIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR MAINTENANCE DISTRICT NO.1, FISCAL YEAR 1999/2000. PASSED AND ADOPTED this 1st day of March, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ROWLISON 7312 Res. 99-18 Adopted Resolution No. 99-18 of the City of Gilroy consenting to the issuance by the South County Regional Wastewater Authority of bonds for the refinancing of the City's share of the Regional Wastewater Facilities Project; RESOLUTION NO. 99-18 A RESOLUTION OF THE CITY OF GILROY CONSENTING TO THE ISSUANCE BY THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY OF BONDS FOR THE REFINANCING OF THE CITY'S SHARE OF THE REGIONAL WASTEWATER FACILITIES PROJECT. PASSED AND ADOPTED this 1st day of March, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ROWLISON Carnival Approved a Spring Festival/Carnival at the Odd Fellows and Rebekahs Children's Home at 290 IOOF Avenue; and John Vlahos Approved Settlement Agreement and Mutual Release by and between the City of Gilroy and John Vlahos for property located at 8495 Murray Avenue, Gilroy, California, APN 835-01-04. Plan. Com. Report Kai Lai, Planning Commission Chairman, gave a summary of the activities of the Planning Commission for the past year, and noted upcoming actions. Pub. Hearing Comp.Fee Schedule The Mayor stated that it was the time and place scheduled for a Public Hearing to Consider Revisions and Adjustments to the Comprehensive Fee Schedule. The City Administrator reviewed the proposed fees. Councilman Springer questioned the golf course fees, and it was noted that they will be reviewed to see ifthere was a typo. The Mayor opened the Public Hearing. The Mayor closed the Public Hearing. Res. 99-19 Motion was made by Councilman Morales, seconded by Councilmember Arellano and carried that the reading of Resolution No. 99-19 be waived and that it be adopted. RESOLUTION NO. 99-19 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING THE COMPREHENSIVE SCHEDULE OF FEES CHARGED BY ALL DEPARTMENTS OF THE CITY. PASSED AND ADOPTED this 1st day of March, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Plan. Com. The Mayor noted the need for an appointment of a member to the Planning Commission. The following votes were tallied to fill the vacancy on the commission: Belinda Allen - Councilmembers Arellano, Gifford, Rowlison, and Gilroy John Ceballos - Councilmembers Morales, Springer and Sudol Motion was made by Councilmember Gifford, seconded by Councilmember Arellano and carried (Councilmen Morales, Springer, and Sudol voting no) to appoint Belinda Allen to the Planning Commission. TM 95-06 Res. 99-20 Z 98-08 MACSA 7~;: , -~ ~J ....): Councilman Morales stated that he would like to have a diversity of locations in the community where Planning Commissioners reside. Councilman Springer echoed Councilman Morales' statement, that it would be a better reflection with a balance of residential areas. The Mayor noted a Resolution of the City Council of the City of Gilroy approving TM 95-06, a Tentative Map with 87 residential lots on approximately 61 acres located at the westerly terminus ofMantelli Drive, north of Country Drive, a portion of APN 783-47-001. Councilmember Gifford recused herself from voting on this issue and stepped down from the dais. Councilman Sudol stated that he is voting no on the project, because the road is not required, but noted that he is in favor of the project. Motion was made by Councilman Springer, seconded by Councilman Morales and carried that the reading of Resolution No. 99-20 be waived and that it be adopted. RESOLUTION NO. 99-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 95-06, A TENTATIVE MAP WITH 87 RESIDENTIAL LOTS ON APPROXIMATELY 61 ACRES LOCATED AT THE WESTERLY TERMINUS OF MANTELLI DRIVE, NORTH OF COUNTRY DRIVE, A PORTION OF APN 783-47-001. PASSED AND ADOPTED this 1st day of March, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, MORALES, ROWLISON, SPRINGER, and GILROY NOES: COUNCILMEMBERS: SUDOL ABSENT: COUNCILMEMBERS: GIFFORD Councilmember Gifford returned to her seat at the dais. The City Attorney explained that if Councilmembers need to state why they voted a specific way, it must be done after the voting has been completed. The Mayor noted an Ordinance of the City Council of the City of Gilroy approving an application for a change in the zoning designation from R3, Medium Density Residential, to R3-PUD, Medium Density Residential-Planned Unit Development, on approximately 1.11 acres, APN 841-12-053, Z 98-08, Robert Martinez, applicant. Motion was made by Councilman Springer, seconded by Councilman Morales 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 Springer, seconded by Councilman Morales and carried to introduce the Ordinance approving the rezoning. Councilman Springer stated his concerns with the need for a variance to allow the applicant to construct the last unit to complete the project, which would be for the convenience of the neighborhood. The Mayor noted a request for a City of Gilroy letter of support for a Gilroy MACSA Youth Center Grant and Conceptual Joint Venture. The City Administrator explained the request. Olivia Soza-Mendiola, Trenton Place, reviewed the request. She stated that the State wants the non-profit agency to purchase the land and construct the building. 711 l 1 ,) I' ,+ Maria Elena de la Garza explained the partnerships they are looking at besides the City of Gilroy. Councilman Morales welcomed Esther Medina, Executive Director of MACSA, for her presence tonight. Motion was made by Councilwoman Rowlison, seconded by Councilman Morales and carried to send a letter of support. (At 8:26 p.m. Councilman Morales left the Council Chambers and returned at 8:28 p.m.) (At 8:27 p.m. Councilmember Arellano left the Council Chambers and returned at 8:30 p.m.) TIF Reimb. The Mayor noted an appeal regarding the Community Development staff decision on Longmeadow/Santa Teresa Signal/Street Improvements, Traffic Impact Fee Reimbursement. City Engineer Smelser reviewed the request, and answered questioned posed by Councilmembers. The City Attorney noted that there were five tentative maps that had the TIF condition attached as part of the tentative map. She noted that on two of the tentative maps, the requirement was also part of the mitigated negative declaration mitigation measures. She noted a statutory issue that reimbursement can only be for the long term construction. She discussed the fee reimbursement schedule. (At 9:03 p. m. Councilmember Gifford left the Council Chambers and returned at 9:07 p.m.) John Filice, representing the participants in the process, stated concerns with the entire TIF process. He stated a mechanism is needed to determine the true cost and spread it out among the developers. He stated the TIF procedure needs to be modified. (At 9:22 p. m. Councilwoman Rowlison left the Council Chambers, and returned at 9:26 p.m.) (At 9:28 p.m. Councilman Sudol left the Council Chambers, and returned at 9:30 p.m.) Motion was made by Councilmember Gifford, seconded by Councilwoman Rowlison and carried to accept staff recommendation to reimburse $245,505.95. At 9:38 p.m., the Mayor called for a 10 minute recess, after which he recalled the meeting to order. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. There was no comment from anyone in the audience. Councilmember Gifford requested a presentation from Linda Kimbal, Falcon Cable TV. Since no other Councilmember was interested in a public presentation, the City Administrator stated that he would have Ms. Kimbal call Councilmember Gifford to review their process. Councilman Springer noted the outstanding work by the Gilroy Police Department in solving auto burglaries. The following information items were noted with no separate discussion on same: Legislation: 731 ~) League of California Cities Legislative Bulletin #6-1999 dated February 11, 1999; League of California Cities Legislative Bulletin #7-1999 dated February 19, 1999; Letter from Assemblymember Keeley regarding Pajaro River Watershed; and Letter to Governor Gray Davis regarding MTBE. Customer Service: Memorandum of Commendation from Chief Giusiana to Sergeant Sheedy; Corporals Georges and Johnson; and Officers Madruga, Pacheco, Kadluboski, Quinones, Hernandez, and Devlin; MSO Locke-Paddon; CSO Sheleman; and Reserve Officer Charnota for their assistance in multiple auto burglary arrests; Letter of congratulations from Senator McPherson to Jay Baksa on his award from the California State Parks and Recreation Society; Internet e-mail from Chris Cook complimenting the City of Gilroy on their helpful web site; Letter of thanks from Jim Bower to Mayor Gilroy for allowing him to facilitate the Council retreat; Memorandum of appreciation from Chief Giusiana to ACT Team: Acting Sgt. Castaneda; Officers Zen, Dekelaita, Romero, Gallacinao and Kadluboski for their assistance with the undercover school buy program at San Benito High School; and Article in the San Jose Mercury News dated February 12, 1999 by Leigh Weimers acknowledging Jay Baksa's award from the California State Parks and Recreation Society. Informational items: Memorandum from Jim McCann regarding Falcon Cable Customer Service Phone Reports - abandoned calls; Community Development Department - Planning Division MontWy Report of Long-Range Applications and status ofRDO allocation & activity dated February 19, 1999; Gilroy Visitors Bureau Advisory Council minutes of December 10, 1998 and January 14, 1999; balance sheets of October 31, 1998 (corrected copy), November 30, 1998, and December 31, 1998; Letter from the U.S. Department of Housing and Urban Development regarding Annual Community Assessment for Fiscal Year 1997 for the City of Gilroy; Letter from the Santa Clara County Board of Supervisors announcing the new Chairperson for 1999 is Pete McHugh, and the Chairperson Pro Tempore is Donald F. Gage; Letter from the United States Environmental Protection Agency Region IX encouraging nominations for the Environmental Awards Program; Gilroy Economic Development Corporation Minutes of January 22, 1999; and Letter from the Public Health Department regarding the Enhanced EMT - I Practice Trial Study. 7316 Phys. Chall. 1-19-99 1-28-99 SCRWA 1-12-99 2-9-99 Sunrise Drive Eminent Domain Cardroom Ordinance The minutes of the Physically Challenged Board of Appeals meetings of January 19, 1999 and January 28, 1999 were noted. The minutes of the South County Regional Wastewater Authority meetings of January 12, 1999 and February 9, 1999 were noted. The City Administrator questioned whether the Council could meet with the Gilroy Unified School District on April 14, 1999 at 7:00 p.m. at the GUSD Board Room, and Council concurred. He stated that the first Citizens Police Academy will start soon, and that there are 21 slots. He stated that if anyone is interested, they should contact the Police Department at 846-0310. He noted that the Planning Commission asked to deal with the Santa Teresa issue, and want another month to make a recommendation on the Capital Improvement Budget. He stated that if any Councilmember has any input on the Youth Commission, they need to get it to him. He distributed the Final Benefit regarding the 1999 Refunding Revenue Bonds, noting there was an additional $100,000 more in savings. He distributed a copy of the MTC grant for Livable Communities. He distributed the final resolution from last Monday's NRS meeting. He distributed a booklet that Councilmember Arellano received regarding how bonds are issued. The Mayor noted a request for the City Council to authorize the hiring of the firm ofMatteoni, Saxe & Nanda to act under the direction of the City Attorney representing the City of Gilroy, with all fees and costs to be paid by Arcadia Development Company, to commence eminent domain proceedings regarding Sunrise Drive. Motion was made by Councilman Sudol, seconded by Councilman Morales and carried to authorize the hiring of the firm ofMatteoni, Saxe & Nanda to act under the direction of the City Attorney representing the City of Gilroy, with all fees and costs to be paid by Arcadia Development Company, to commence eminent domain proceedings regarding Sunrise Drive. The Mayor noted a consideration of amendments to the Gilroy Cardroom Ordinance due to new State laws. Motion was made by Councilwoman Rowlison, seconded by Councilman Morales and carried to direct staff to prepare amendments to the ordinance regarding hours of operation and safety/security. Lien Procedure The Mayor noted a memorandum regarding the garbage collection service lien Garbage procedure available to the City of Gilroy. Service The City Attorney stated that the City would need to amend the franchise agreement as well as the ordinance. The City Administrator gave an update on a meeting held with the Mayor, South Valley Disposal and recycling and the Tri-County Apartment Association regarding this issue. John Nicoletti, General Manager South Valley Disposal and Recycling, noted that it costs about $100 per lien filing. The City Administrator stated that staff will do an analysis of the cost, and whether the City needs to increase the Administrative fee. Motion was made by Councilman Morales, seconded by Councilmember Arellano and carried to direct staff to prepare an ordinance regarding the garbage collection service lien procedure. The Mayor noted the 90 day City Council calendar, a list of upcoming meetings. He invited everyone to the St. Joseph's fundraiser on March 20, 1999 and asked Councilmembers to assist in serving. Adjrnmt. 7 ~ 7. y Councilmember Arellano stated that she attended a Library JP A meeting on February 25 and that they reconsidered that the Citizens Advisory Committee (CAC) would be responsible to set 2 or 4 meetings and that it would be up to the CAC to set those meetings. She stated that she will be attending a leadership training through September that will culminate in Washington D.C. Councilmember Gifford publicly congratulated Jeff Garcia for signing with the San Francisco 4gers. She noted that she has requested that we present him with a proclamation upon his return from Canada. She questioned whether the City of Gilroy is going to do anything with the letter from the American Lung Association request to adopt an ordinance controlling the construction of wood fireplaces in new homes. Councilmember Arellano requested that this be placed on a future agenda. She requested, but there was no consensus by the Council, to direct the City Administrator to have staff research recouping the $600,000 spent on the new golf course. Councilman Sudol stated that the General Plan Update Committee received a copy of the preliminary draft and comments were due today. He questioned where we are on the graffiti project. He noted the self-storage eyesore north of Gilroy and volunteered to talk to the owners. Councilwoman Rowlison stated that the members of the General Plan Update Committee are concerned that too much information and decisions are being made at the end of the process. She noted the benefit assessments for the water district and public meetings on March 4 and April 1 regarding property tax. She stated that she has tickets for Man of La Mancha at Gavilan College as a fundraiser to upgrade the Gavilan Theater. She requested an update on the Depot and Old City Hall, and the City Administrator stated that he will write a memo on them. She noted the hazard at Highway 101 at Castro Valley Road, and stated that only right hand turns onto Highway 101 should be considered. Councilmember Arellano requested the City Administrator check with the Fire Department on the millennium celebration fireworks issue, and was told that Council will get an update on that and making the hillsides a "no fireworks" zone. Councilwoman Rowlison questioned if anyone knows of any agency that wants to celebrate the millennium. The Mayor noted the following meetings/events: Study Session - March 8, 1999, 7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, California, to discuss the November bond issue; Study Session - March 22, 1999, 7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, California, to discuss the November bond issue; and Study Session - March 29, 1999, 7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, California, to discuss the November bond issue. At 11: 19 p.m. the Mayor adjourned the meeting. Respectfully submitted, J~A /s/ RHONDA PELLIN City Clerk