Minutes 2000/08/07
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Posting
Agenda
Roll Call
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Regular Meeting
August 7, 2000
Gilroy, California
The Mayor and Juan Chavez led the Pledge of Allegiance to the Flag.
Deputy City Clerk Bentson noted that the agenda had been posted on
August 2,2000 at 3:30 p.m.
Present: Councilmembers: Guadalupe Arellano (7:05 p.m.), Peter D.
Arellano, Charles S. Morales, Al Pinheiro, Anthony e. Sudol III, Roland Velasco,
and Thomas W. Springer - 7:02 p.m.
The Mayor stated that under Orders of the Day, he will consolidate the public
hearings for all Zone Change and Tentative Map applications, to be followed by
the respective Architectural & Site applications.
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New Emp. The Mayor introduced new employee Wanda Nelson, Secretary,
Administrative Services.
Vol. Award The Mayor presented the Volunteer of the Month of July, 2000, award to
John Jarecki.
New Citizens The Mayor recognized new naturalized United States citizens from Gilroy.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Manly Willis, 7272 Carmel Street, spoke regarding the train station and noted
that the City Council can renegotiate the lease with the Centenos for Greyhound.
Amos Brown spoke regarding the items that were removed from his vehicle
and noted that he has filed a claim with the City. He requested the Mayor contact
him.
Fabian Morales, 390 W elburn Avenue, noted that the trees by Home Town
Buffet had been pruned extensively. He was informed that staff is aware of the
problem.
The City Administrator noted that on Item E. Resolution Authorizing Issuance
of Bonds for Bonfante Gardens, Section 6 was amended and he distributed copies
of the new wording.
Consent
Calendar
Motion was made by Councilman Velasco, seconded by Councilman Sudol
and carried that the following items under the Consent Calendar be approved,
amending Item E. Resolution Authorizing Issuance of Bonds for Bonfante
Gardens, 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:
Minutes
Minutes of the Regular Council Meeting of July 17,2000 and the Special
Council Meeting of July 24,2000;
Claims
Denied claims of Fernando Zepeda and Jesus Cerda;
Budget
Budget Amendments/Transfers as recommended; and
Res. 2000-53
Adopted Resolution No. 2000-53 Authorizing Issuance of Bonds for Bonfante
Gardens as amended.
RESOLUTION NO. 2000-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING ISSUANCE OF BONDS FOR BONF ANTE GARDENS.
PASSED AND ADOPTED this 7th day of August, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Bid-Street
Resurfacing
The City Administrator presented a recommendation to award the bid for the
2000 Street Resurfacing Program (Project No. 00-CDD-519) to RGW
Construction, Inc. in the amount of $796,896.00.
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried to award the bid for the 2000 Street Resurfacing Program
(Project No. 00-CDD-519) to RGW Construction, Inc. in the amount of
$796,896.00.
Pub. Hearing
Z 00-02
Pub. Hearing
TM 99-05
AlS 00-12
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The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Zone Change request to amend the City of Gilroy's Zoning Map
from R1/R2 (Single Family Residential/Two Family Residential) to R1/R2-PUD
(Single Family Residential/Two Family Residential-Planned Unit Development) on
1.68 acres located at the southeast corner of Rogers Lane and Lewis Street.
Alfonso Almeida, applicant, Z 00-02.
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Tentative Map request to subdivide 6.68 acres into seven (7)
residential lots in two configurations: three (3) single family residential lots (one
for each existing, non-conforming single family dwelling on Lewis Street) and four
(4) duplex lots, on property located at the southeast corner of Rogers Lane and
Lewis Street, proposed for rezoning to R1/R2-PUD (Single Family
Residential/Two Family Residential-Planned Unit Development). Alfonso
Almeida, applicant, TM 99-05,
The Mayor noted a request for a Planned Unit Development Architectural and
Site design review approval to construction eight (8) duplex units on a private
street and to construct an additional private street for access to three (3) existing
buildings at the eastern terminus of Lewis Street. The site is located near the
southeast corner of Lewis Street and Rogers Lane, proposed to be rezoned
R1/R2.PUD (Single Family Residential/Two Family Residential-Planned Unit
Development). Alfonso Almeida, applicant, AlS 00-12.
(At 7:45 p.m. Councilman Morales left the Council Chambers and returned at
7:48 p.m.)
The staff report was noted and further explained by Planner II Durkin for Z 00-
02, TM 99-05, and AlS 00-12.
The Mayor opened the Public Hearing.
(At 8: 15 p.m. Councilman Morales left the Council Chambers and returned at
8:18p.m.)
Alfonso Almeida, owner and developer ofthe project, agreed to an additional
two parking spaces at the end of the hammerhead and agreed to additional lighting
on the private street.
Steven Arnold, 1671 The Alameda, San Jose, stated that he was available for
any questions.
Loretta Ventura, 470 Lewis Street, gave a history of the property. She noted
her concerns regarding the traffic in the area.
The Mayor closed the Public Hearing.
MotiPIl was made by Councilmember G. Arellano, seconded by Councilman
Morales anq 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 Councilmember G. Arellano, seconded by Councilman
Sudol and carried to direct staff to prepare an ordinance approving Z 00-02.
Motion was made by Council member G. Arellano, seconded by Councilman
Sudoi and carried (Counciiman Veiasco voting no) to direct staff to prepare a
resolution approving TM 99-05,
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Pub. Hearing
Z 00-05
Pub. Hearing
TM 00-03
AlS 00-18
Motion was made by Councilmember G. Arellano, seconded by Councilman
Sudol and carried ( Councilman Velasco voting no) to direct staff to prepare a
resolution approving AlS 00-12 with the 26 conditions in the staff report plus
additional conditions to increase parking, add mature vining landscaping, provide
additional street lighting on the private streets, that the soundwall be a 13'
continuous soundwall and an upgraded soundwall design, and that the CC & Rs be
reviewed by the City.
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's Zoning Map from R1 (Single
Family Residential) to R1-PUD (Single Family Residential-Planned Unit
Development) on 9.78 ::t acres located at the northeast corner of Santa Teresa
Boulevard and the future intersection ofMantelli Drive, west of Zinnia Street.
Cotswold LLC, applicant, Z 00-05.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to subdivide 9.78 ::t acres into 33 residential lots,
comprised of 25 single family lots and 8 duplex lots, on property located at the
northeast corner of Santa Teresa Boulevard and the future intersection ofMantelli
Drive, west of Zinnia Street proposed for rezoning to R1-PUD (Single Family
Residential-Planned Unit Development). Cotswold LLC, applicant, TM 00-03.
The Mayor noted a request for a Planned Unit Development Architectural and
Site design review approval to construct 25 single family residences and 8 duet
units on property located at the northeast corner of Santa Teresa Boulevard and
the future extension of Mantelli Drive, west of Zinnia Street proposed to be
rezoned R1 PUD (Single Family Residential-Planned Unit Development).
Cotswold LLC, applicant, AlS 00-18.
The staff report was noted and further explained by Planner II Durkin for Z 00-
05, TM 00-03, and AlS 00-18.
(At 8:48 p.m. Councilman Morales left the Council Chambers and returned at
8:50 p.m.)
The Mayor opened the Public Hearing.
Skip Spiering, Dividend Homes, noted they have offered 10,000 sq.ft. for a fire
station including frontage improvements. He noted that they want a nice looking
soundwall for the project.
The Mayor closed the Public Hearing.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to direct staff to prepare an ordinance approving Z 00-05.
Motion was made by Councilman Sudol, seconded by Councilman Pinheiro
and carried to direct staff to prepare a resolution approving TM 00-03, amending
condition #30 regarding disclosure of the fire station construction to add that if the
fire station is not constructed duet homes rather than single family homes will be
constructed.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to direct staff to prepare a resolution approving AlS 00-18 with the change
to condition #5 as delineated by the Planning Commission, to include the noise
study, to include the new design standards for the soundwall, and to include the
provision for trees in the front yard landscaping.
At 9: 17 p.m. the Mayor called a five minute recess, after which he recalled the
meeting to order.
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Ord. 2000-09 Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried to adopt Ordinance No. 2000-09 approving an application for
a change in the zoning designation from C1-HN, Neighborhood Commercial-
Historical Neighborhood, to R2, Two Family Residential- Historical
Neighborhood, on two adjacent parcels totaling approximately 8,566 square feet,
APN 799-06-027, 799-06-028, Jim Gailey, applicant, Z 00-03.
ORDINANCE NO. 2000-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A CHANGE IN THE ZONING
DESIGNATION FROM C1-HN, NEIGHBORHOOD COMMERCIAL -
HISTORICAL NEIGHBORHOOD, TO R2, TWO FAMILY RESIDENTIAL -
HISTORICAL NEIGHBORHOOD, ON TWO ADJACENT PARCELS
TOTALING APPROXIMATELY 8,566 SQUARE FEET, APN 799-06-027, 799-
06-028, JIM GAILEY, APPLICANT, Z 00-03.
PASSED AND ADOPTED this 7th day of August, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Police and Fire The Mayor noted a discussion regarding funding mechanisms for the proposed
Facilities Police and Fire Facilities.
The City Administrator reviewed the steps for approval of the internal loan
plan and direction for staff to prepare the appropriate loan documents. He
reviewed the chronology for the meetings that were held and press
announcements. He noted the shortened loan for the fire station and the need for
less reliance on development fees.
Mary Yates noted there was no citizen task force input for the selection of the
police station location, and questioned why there was no task force as there was
for the fire station. She noted no problem with the funding for the police and fire
stations, if they are needed, but commented that they should be adjacent to each
other. She explained her opposition to the location of the police station. She
noted that the expansion could be added as a second story to the existing building.
She also stated that the library expansion will remove needed parking spaces. She
requested that the issue of the police station location be placed on the November,
2000 ballot.
Manly Willis distributed a report on the proposed Police Department location.
He noted a meeting with staff, and requested a copy of the report on the new
Police Department. He asked that the Council revisit the General Plan.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to approve the Internal Loan Plan in concept and to direct staff to prepare
the appropriate documentation approving internal loans for the construction of the
proposed Police and Fire facilities.
Res. 2000-54 Motion was made by Councilman Sudol, seconded by Councilman Pinheiro
and carried to adopt Resolution No. 2000-54 calling a special municipal election
on November 7, 2000, for the submission to the voters of a question relating to an
increase in the Transient Occupancy Tax rate from 9% to 10%, requesting
consolidation with the General Election, and requesting the services of the
Registrar of Voters.
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RESOLUTION NO. 2000-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
CALLING A SPECIAL MUNICIPAL ELECTION ON NOVEMBER 7, 2000,
FOR THE SUBMISSION TO THE VOTERS OF A QUESTION RELATING
TO AN INCREASE IN THE TRANSIENT OCCUPANCY TAX RATE FROM
9% TO 10%, REQUESTING CONSOLIDATION WITH THE GENERAL
ELECTION, AND REQUESTING THE SERVICES OF THE REGISTRAR OF
VOTERS.
PASSED AND ADOPTED this 7th day of August, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Admissions Tax The Mayor noted a resolution calling a special municipal election on November
7, 2000 for the submission to the voters of a question relating to adopting a new
general tax, requesting consolidation with the General Election, and requesting the
services of the Registrar of Voters.
(At 10:06 p.m. Councilman Morales left the Council Chambers and returned at
10:08 p.m.)
Art Amaro, Gilroy Fire Department, urged the City Council to place this on the
ballot. He stated that if they do not place it on the ballot, that they use General
Fund money to fund the fire station.
Ed Bozzo, Gilroy Fire Department, noted his concern that the Fire
Department has worked on this issue for several years. He stated there is no end
to the problem and the Fire Department is very concerned. He noted this is the
best possible solution to this issue.
Res. 2000-55 Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to adopt Resolution No. 2000-55 calling a special municipal election on
November 7,2000 for the submission to the voters ofa question relating to
adopting a new general tax, requesting consolidation with the General Election,
and requesting the services of the Registrar of Voters.
RESOLUTION NO. 2000-55
A RESOLUTION OF CITY COUNCIL OF THE CITY OF GILROY CALLING
A SPECIAL MUNICIPAL ELECTION ON NOVEMBER 7,2000 FOR THE
SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO
ADOPTING A NEW GENERAL TAX, REQUESTING CONSOLIDATION
WITH THE GENERAL ELECTION, AND REQUESTING THE SERVICES OF
THE REGISTRAR OF VOTERS.
PASSED AND ADOPTED this 7th day of August, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, and SUDOL
NOES: COUNCILMEMBERS: VELASCO and SPRINGER
ABSENT: COUNCILMEMBERS: NONE
(At 10:50 p.m. Councilman P. Arellano left the Council Chambers and returned
at 10:52 p.m.)
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried that the committee for writing the ballot measure argument for the
Transient Occupancy Tax increase would be Councilmembers G. Arellano, Sudol,
and Springer, and the committee for writing the ballot measure argument for the
Admissions Tax would be Councilmembers G. Arellano, Morales, and Sudol.
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Z 00-06
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 M2, General
Industrial, to M2-PUD, General Industrial Planned Unit Development, on
approximately 104 acres, APN 841-17-080,841-17-004. Wellington Corporation
of Northern America, applicant, Z 00-06.
Motion was made by Councilman Sudol, 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 Sudol, seconded by Councilman Morales and
carried to introduce the Ordinance amending the City of Gilroy Zoning Map.
Z 00-01
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 M1, Limited
Industrial, to M1-PUD, Limited Industrial-Planned Unit Development, on
approximately 18.95 acres, APN 841-14-076. The Garlic Farm Annex LLC (c/o
Howard Vierra), applicant, Z 00-01.
Motion was made by Councilman Morales, seconded by Councilman Sudol and
carried (Councilmembers G. Arellano and P. Arellano voting no) to read the
Ordinance by title only and waive further reading of the Ordinance. Since the vote
was not unanimous, the City Clerk read the Ordinance in its entirety.
At 10: 58 p.m. the Mayor called for a five minute recess, after which he recalled
the meeting to order.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried (Councilman P. Arellano voting no) to introduce the Ordinance amending
the City of Gilroy Zoning Map.
Mayor Pro Tern The Mayor noted the appointment of Mayor Protempore from August 7, 2000
to April 2, 2001.
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried (Councilman Pinheiro absent) to appoint Councilman Pinheiro
as the Mayor Protempore from August 7, 2000 to April 2, 2001.
The Mayor noted that Channel 34 will become Channel 17 as of September 1,
2000. He also commended Sergeant Dan Crumrine and Officer Brenda Bergman
for their assistance at a structure fire.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #2-2000 dated July 10,2000.
Customer Service:
Memorandum of appreciation via Chief Giusiana to Corporal Georges noting
that Mr. Delaney expressed appreciation for the professional way in which she
handled a recent incident;
Memorandum of thanks from Chris Weske to the Fire Department and
specifically Acting Division Chief Dave Bozzo, Fire Engineer Paul Butler,
Firefighter Josh Valverde, and Paid Call Firefighter Robert Silvia for assisting with
a prescribed burn at Uvas Creek;
Note of appreciation from Huldah Champion to Mayor Springer for the
assistance ofthe Chestnut Street Fire Department and the Medical Unit for
assistance with a medical emergency;
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6-13-00
E-mail of appreciation from Angela Locke-Paddon to Sgt. Jack Robinson for
his supervisory style;
Letter of commendation from Pat Matthews, Acting Superintendent, GUSD,
to Officer Mike Terasaki for his work supporting the Gilroy schools;
E-mail of thanks from Fire Engineer Paul Butler to Sergeant Dan Crumrine and
Officer Brenda Bergman for their assistance at a structure fire;
Letter of thanks from Ken Tanaka, Gilroy Relay for Life, to Officer Patrick
Sullivan and Police Explorers Paul Ward, Robert Aguilera, Efraim Contreras,
Daniel Contreras, Joe Musquez for support in providing security for the Relay for
Life event;
Letter of thanks from Kathryn Sakahara, City of Salinas, to Guadalupe
Gutierrez for his assistance as an evaluator for the position of Power Mower
Operator; and
Letter of thanks from Mae Franco, City of Hollister, to Bob Lewis for his
participation on an oral board.
Informational items:
Public Notice regarding accepting applications for the Public Art Committee;
Minutes of the Police Chiefs Advisory Board Meeting of July 12,2000;
Article from July, 2000 issue of Planning Magazine entitled Dearth Valley;
Notice of Application for an Electric Revenue Increase: Electric Restructuring
Costs Account (ERCA) Application;
Letter from Senator Bruce McPherson to Mayor Springer regarding COPS
program;
Community Development Department - Planning Division monthly report of
long-range applications and status ofRDO allocation & activity;
Letter from Santa Clara Cities Association regarding Y2 cent sales tax for
transportation needs on the November 2000 ballot; and
E-mail from Joe Kline to Jay Baksa regarding changing Channel 34 to Channel
17.
The minutes of the Arts and Culture Commission meeting of June 13, 2000
were noted.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of June 6, 2000 were
6-6-00 noted.
P&RCom.
6-20-00
P&RCom.
7-25-00
The minutes of the Parks & Recreation Commission meeting of June 20,2000
were noted.
The report of the Parks & Recreation Commission meeting of July 25,2000
was noted.
BicycleIPedestrian Motion was made by Councilmember G. Arellano, seconded by Councilman
Adv. Board Velasco and carried to approve the creation ofa BicycleIPedestrian Advisory
Board.
Sr. Adv. Bd.
6-19-00
The minutes of the Senior Advisory Board meeting of June 19, 2000 were
noted.
Adjournment
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The City Administrator distributed the fall schedule of meetings and
workshops. He distributed the schedule for completion of the studies for the 660
acres. He distributed RV park regulations Ordinance 98-18.
The Mayor requested that a caveat be listed on the agenda that project
applications will be grouped together for action relating to Zone Changes,
Tentative Maps, and Architectural and Site applications.
Councilman Sudol wished his colleagues to enjoy their time off for the rest of
the month and he would see them in September.
Councilmember G. Arellano noted a problem on Farrell Avenue with the
bridge, because it is so narrow. She also noted the need for acknowledgement of
the stop sign at Church and Farrell, to make sure that motorists stop at it.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 34
AUGUST 2000
7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 SCRW A Meeting - CANCELLED
21 *Regular City Council Meeting - CANCELLED
22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
SEPTEMBER 2000
5 Closed Session - City Administrator Evaluation - 5:30 p.m., Gilroy City
Council Chambers
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
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
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
18 Quarterly Workshop with the Gilroy Unified School Board - 7:00 p.m.,
Temporary Environmental Education Center (TEEC) building at the Ranch
Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy
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 11 :23 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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/s/ RHONDA PELLIN
City Clerk