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Minutes 2000/07/17 'c. _~"-~_':'~""'~'?''''~''';Jo~,~,,,-~ __ ~'~~-~"=.~':':'. l '7 r;:.' r') f ) '.J \ Invocation Posting Agenda Roll Call Regular Meeting July 17, 2000 Gilroy, California The Mayor announced that the Council had adjourned from a Closed Session regarding Conference with Labor Negotiator, pursuant to Government Code Section 54957.6 and that no action had been taken. He also noted that Council had held a study session with a presentation by Lloyd Wagstaff on the Santa Clara County Open Space Authority. The Mayor led the Pledge of Allegiance to the Flag. Pastor Mark Wilson, Foothills Foursquare Church, gave the Invocation. The City Clerk noted that the Agenda had been posted on July 12,2000 at 11:00 a.m. Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S. Morales, Al Pinheiro, Anthony e. Sudol III, Roland Velasco, and Thomas W. Springer - 7:07 p.m. 75dl The Mayor stated that under Orders of the Day, he will move the AlS applications from under New Business to be heard following the Public Hearing related to that application so that they can be heard as a whole. Emp. Award The Mayor presented the Employee Award for the Month of July, 2000, to Don Kludt, Police Sergeant, Police Department. Proc.-Visitors The Mayor noted a proclamation recognizing the Visitors Bureau Advisory Bureau Adv. Council, which was previously presented. Council Safe Creeks The Mayor noted a presentation by Rick Callender, Santa Clara Valley Water District, regarding clean, safe creeks and natural flood protection. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Manley Willis spoke in opposition to the proposed location of the new Police Station. He also spoke of concerns regarding discrepancies in the Dispatch articles regarding the lease of the Train Depot. Amos Brown spoke regarding his making a citizens arrest, and acknowledged those who assisted him including J & J Antiques, Frank Mendiola of California Music, and the Downtown Association. He noted his concern that he was not contacted by the Mayor regarding this issue. Mary Yates, Carmel Street, spoke regarding the location of the proposed new Police Station. She requested the Council place this issue on the November ballot. Councilman P. Arellano stated that he completed reviewing the videotape from the June 19, 2000 meeting and is ready to vote on those issues. Councilman Pinheiro stated that he missed the July 10, 2000 meeting and has not viewed the tape and will not vote on issues from that meeting. Consent Calendar Motion was made by Councilmember G. Arellano, seconded by Councilman Sudol and carried that the following items under the Consent Calendar be approved, removing Item F. Minutes of the Regular Council Meeting of July 10, 2000, by the following Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S. Morales, Al Pinheiro, Anthony e. Sudol III, Roland Velasco, and Thomas W. Springer: Ord. 2000-07 Adopted Ordinance No. 2000-07 Fixing Amount of Revenue from Property Taxes Necessary to Pay Bonded or other Indebtedness of the City for 2000-2001; ORDINANCE NO. 2000-07 ORDINANCE FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO PAY BONDED OR OTHER INDEBTEDNESS OF THE CITY FOR 2000-2001. PASSED AND ADOPTED this 17th day of July, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 7 r::: ,'-~ , ) '.: " ..... :,) (- Ord.2000-08 Adopted Ordinance No. 2000-08 Fixing Ad Valorem Assessment for 2000- 2001 - Parking District NO.1 - First Division; ORDINANCE NO. 2000-08 ORDINANCE FIXING AD VALOREM ASSESSMENT FOR 2000-2001 - PARKING DISTRICT NO. 1 - FIRST DIVISION. PASSED AND ADOPTED this 17th day of July, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Metricom, Inc. Right-of-way use agreement between the City of Gilroy and Metricom, Inc. for installation of radio transceivers on City owned street light poles; Uncollectible Accounts Res. 2000-51 Claims Minutes Siting Study Fire Stations Approved Write-Off of Uncollectible Utility Accounts; Adopted Resolution No. 2000-51 establishing an all-way stop at the intersection of Hanna Street and Eighth Street in the City of Gilroy pursuant to Section 15.40 ofthe City Code; RESOLUTION NO. 2000-51 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF HANNA STREET AND EIGHTH STREET IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE. PASSED AND ADOPTED this 17th day of July, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Denied claim of Rick Santos. Motion was made by Councilman Sudol, seconded by Councilmember G. Arellano and carried (Councilman Pinheiro absent) to approve the minutes of the Regular Council Meeting ofJuly 10,2000. (At 7:49 p.m. Councilman Velasco left the Council Chambers and returned at 7:50 p.m.) The Mayor noted a presentation of the Siting Study for future Fire Stations. The City Administrator noted the Department Report tonight regarding a Siting Study for a new fire station. He explained that it is agendized for action, should the Council wish to make a decision tonight. Fire Chief Gillespie distributed the Future Fire Station Locations Study and introduced members of the Master Plan of Fire Services Task Force present in the audience. He reviewed the 12 scenarios proposed for fire station locations. He stated that the Task Force recommended the third fire station be located at Sunrise Drive and Santa Teresa Boulevard, the fourth station at Thomas Road, and the fifth station at Leavesley Road. (At 8:22 p.m. Councilman P. Arellano left the Council Chambers and returned at 8:25 p.m.) Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to direct staff to implement the Siting Plan to accept the proposal using scenario #2 with the fire station to be sited in the area of Sunrise Drive and Santa Teresa Boulevard. Pub.Hearing Z 00-06 AlS 00-22 7r: .I ...,j :,; ,) The Mayor thanked the Task Force for their outstanding efforts on this proposal. At 8:45 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 on a Zone Change request to amend the City of Gilroy Zoning Map from its current M2 (General Industrial) designation to M2-PUD (General Industrial-Planned Unit Development) on approximately 104::!:: acres located on the south side of Highway 152 (southeast corner at the Highway 152 and Highway 101 interchange), east of Brem Lane and west of the Gilroy Foods processing plant. Wellington Corporation of Northern America, applicant, Z 00-06. The Mayor noted a request for a Planned Unit Development approval for the approval of development standards for an industrial park to be constructed on approximately 104::!:: acres located on the south side of Highway 152 (east of Highway 152 and Highway 101 interchange), east of Brem Lane and west of the Gilroy Foods processing plant. Wellington Corporation of Northern America, applicant, AlS 00-22. The staff report for Z 00-06 and AlS 00-22 was noted and further explained by Planner II Durkin, including the addition of condition # 18 on the AlS application as proposed by the City Attorney regarding the design guidelines to include architectural details. The Mayor opened the Public Hearing. Lee Weider, Access Land Development, representing the applicant, reviewed the background of this property. He stated that they are working with the neighboring properties regarding this development. Glenn Pace, President-Wellington Corporation, stated that they have exceeded Gilroy's City Ordinances and guidelines. He stated that he does not know ifthere will be any commercial in the park, although it is allowed. Tom Richman, Urban Designer and Landscape Architect, reviewed the proposed plans for this development. He noted the essential differences are in the streets and the building setbacks. He noted that the commercial development is not covered by the design guidelines. Bill Lindsteadt stated that this project has the support of the Economic Development Corporation. He asked for support for this project. Jeff Barnes, Colliers International, noted the retail will follow the industrial. He commented on the need for the commercial part of this project. He noted the need to move the approval process quickly, as proposed businesses give them a short lead time. The Mayor closed the Public Hearing. Motion was made by Councilman Sudol, seconded by Councilmember G. Arellano and carried to direct staff to prepare an ordinance approving Z 00-06 with wording changes to the design guidelines to finalize them, that the guidelines apply in their entirety, with any deviation to be brought to the Planning Commission and City Council, and that architectural details will be included in the design guidelines. Motion was made by Councilman Sudol, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving AlS 00-22, including 17 conditions in the staff report and additional conditions noted regarding the design guidelines. 7 1-) :-~ ;1, I ' ) ~c - . Pub. Hearing Z 00-01 The Mayor stated it was the time and place scheduled for a Public Hearing on a Zone Change request to amend the City of Gilroy Zoning Map from its current M1 (Limited Industrial) designation to M1-PUD (Limited Industrial-Planned Unit Development) on approximately 18.95i: acres located on Monterey Street, east of Highway 101, south of and adjacent to the Garlic Farm Truck Stop. The Garlic Farm Annex LLC (c/o Howard Vierra), applicant, Z 00-01. AlS 00-07 The Mayor noted a request for a Planned Unit Development Architectural and Site review approval to construct two fast food restaurants, a 162 space R V park and an R V /truck parking, maintenance and washing facility on approximately 18.95~acres located on Monterey Street, east of Highway 101 and Bolsa Road, south of and adjacent to the Garlic Farm Truck Stop. The Garlic Farm Annex LLC (c/o Howard Vierra), applicant, AlS 00-07. The staff report for Z 00-01 and AlS 00-07 was noted and further explained by Planner I Casper. Council discussed the need for an R V Park Design Guidelines document. The Mayor opened the Public Hearing. Howard Vierra noted that the improvement plans have a 10 foot sidewalk along the boundary. He noted an arbor/walkway from the hotel area to the fast food restaurant. He reviewed the proposed access to Southside Drive. He stated that he will comply with the conditions to be placed on the RV park. Bill Lindsteadt stated the need for this facility. He noted that this facility has reduced the random truck parking along the streets and unauthorized areas. He noted the projected income from this facility and recommended approval of the project. The Mayor closed the Public Hearing. Motion was made by Councilman Pinheiro, seconded by Councilman Sudol 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 Councilman Pinheiro, seconded by Councilman Morales and carried (Councilmembers G. Arellano and P. Arellano voting no) to direct staff to prepare an ordinance approving Z 00-01. Motion was made by Councilman Sudol, seconded by Councilman Pinheiro and carried (Councilmembers G. Arellano and P. Arellano voting no) to direct staff to prepare a resolution approving AlS 00-07, subject to 8 conditions in the staff report and an additional condition RV park regulations/guidelines are developed and that this project conforms to those regulations/guidelines. Res. 2000-52 Motion was made by Councilmember G. Arellano, seconded by Councilman Morales and carried to approve Resolution No. 2000-52 denying M 99-10/ARE 99-01, an application for an Affordable Housing Exemption from the Residential Development Ordinance, APN 841-05-065, NorthPoint Management, LLC, applicant. RESOLUTION NO. 2000-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DENYING M 99-1O/ARE 99-01, AN APPLICATION FOR AN AFFORDABLE HOUSING EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 841-05-065, NORTHPOINT MANAGEMENT, LLC, APPLICANT. 7e-' ,- ,,' ....), i ~") PASSED AND ADOPTED this 17th day of July, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, and VELASCO NOES: COUNCILMEMBERS: SUDOL and SPRINGER ABSENT: COUNCILMEMBERS: NONE League Voting The Mayor noted a request for designation of the Voting Delegate and Delegates Alternate for League of California Cities Annual Conference. It was the consensus of the Council to designate Mayor Springer as the voting delegate and Mayor Pro-Tern G. Arellano as the alternate voting delegate. Karen Rogers The Mayor noted a letter from Karen Rogers regarding concerns related to changes that were made on her property, approved by the City without her knowledge. Karen Rogers thanked the Council for the opportunity to make her concern public. She noted correction notices #3963 and #5005 related to this issue. She stated that the City responded to her request very promptly, but Mr. Allen and Ms. Alexander explained that there were no substantive issue to pursue. She requested help from the City to put back a retaining wall to prevent erosion and to return her land to its prior graded slope. (At 11:45 p.m. Councilman P. Arellano left the Council Chambers and returned at 11:47 p.m.) The Mayor requested Ms. Rogers file a claim against the City of Gilroy. The following informational items were noted with no separate discussion on same: Customer Service: Note of appreciation from Huldah Champion to Fire Captain Moe McHenry, Fire Engineer Colette Harmon and Firefighter Jim Buessing for their response and assistance to a 911 call. Information items: Gilroy Visitors Bureau minutes of June 13, 2000 and additional information; Letter from Linda Call on, Berliner Cohen, regarding a settlement of $66,801.00 in the State ex reI. Stull v. Bank of America litigation; Supervisory Recognition for Detective Jim Callahan for coordinating a major task force in a homicide case; and City of Gilroy Investment Report for May 2000 and June 2000. Planning Com. 7 -6-00 The report of the Planning Commission meeting of July 6, 2000 was noted. The City Administrator distributed the 2000 Development Process Survey results. He noted next Monday's meeting will be on the admission tax and the transportation tax issue. He requested to start at 5:30 p.m. for a closed session regarding his performance evaluation. Councilman Sudol stated that he would not be available on July 24,2000 until 7:00 p.m. The City Administrator reminded everyone of the joint workshop with the School Board on July 19, 2000. The Mayor updated activity on the transportation initiative. He stated a joint meeting of the VTA Board of Directors, Mayors, City Managers and Board of Supervisors has been set for 2:00 p.m. on August 2,2000. The Mayor noted the July 24th meeting has raised the attention of officials to the north, and requested the admission tax issue be done by 8:00 p.m. if possible. 7 5 ;:) (; Councilmember G. Arellano requested an updated traffic circulation map, and the City Administrator stated that if she has the current General Plan circulation map and the proposed circulation map, then she has the maps that are currently being used. She noted an enormous amount of busses on Old Gilroy Street, which is not a designated bus route. She requested clearer signs for the bus route and enforcement. Truck Parking Councilman Sudol noted the trucks on South Monterey Street near Farman Lane. He requested a letter be sent to Don Gage with support from the Sheriff's Department and/or CHP. Council consensus was to send a letter to Don Gage and send copies of the letter to Sheriff Laurie Smith and Captain Davies to aid in enforcement since it is not a truck stop. Councilman Pinheiro requested a study session with the Economic Development Director to talk about his vision. The City Administrator noted that this is scheduled for October 30, 2000 at 6:00 p.m. Councilmember G. Arellano requested a tax return from Bill Lindsteadt. Councilman P. Arellano questioned whether the City is avoiding the issue of the location of the new Police Station. Councilmember G. Arellano suggested a chronological listing of the activity leading up to the decision. The Mayor stated that this will be agendized for August 7, 2000. Councilman P. Arellano thanked everyone who put on the July 15,2000 car show. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 34 JULY 2000 17 Closed Session - Labor Negotiations - 5:30 p.m., Gilroy City Council Chambers 17 Presentation on the Open Space Authority - 6: 15 p.m., Gilroy City Council Chambers 17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 19 Ouarterly Workshop with the Gilroy Unified School Board -7:00 p.m., GUSD Board Room, 7810 Arroyo Circle, Gilroy 24* Special Meeting - Proposed Ballot Measures and 20 Year Transportation Planning Activities - 7:00 p.m., Gilroy City Council Chambers 25 SCRW A Meeting - CANCELLED 31 Tentative Study Session - Fee Schedule Update - MOVED TO SEPT. t t. 2000 AUGUST 2000 7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 SCRWAMeeting - CANCELLED 21 *Regular City Council Meeting - CANCELLED 22 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy SEPTEMBER 2000 5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 7-9 League of California Cities Conference - Anaheim Convention Center, Anaheim, CA 11 Study Session - Fee Schedule Update - 7:00 p.m., City Council Chambers 12 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 25 Study Session - Review of the League of California Cities Conference - 6:00 p.m., Gilroy Senior Center Meeting Room 25 Study Session - Initial Discussion on the RDO Numerical Limits for 2004- 2013 -7:00 p.m., Gilroy Senior Center Meeting Room 26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment .~:':;..._'::'~2:::.':'.='":,~~'._~-!":i::.-:;s,'-1"'1i}:-"<--"':~;,:~':~"~"'-'~ ", . 7 r;', 7 .... ',1 ' OCTOBER 2000 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 10 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 30 Study Session - Economic Incentive Annual Review - 6:00 p.m., Gilroy Senior Center Meeting Room 30 Study Session - Design Standards for High Density Housing - 7:00 p.m., Gilroy Senior Center Meeting Room At 12:36 a.m., July 18,2000, the Mayor adjourned the meeting. Respectfully submitted, ~~h~~ City Clerk