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Minutes 2002/12/02 Motion was made by Councilman Morales, seconded by Councilman Dillon and carried that the following items under the Consent Calendar be approved, by the following Roll Call Vote: Ayes: Councilmembers: Peter D. Arellano, Robert...... T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco and Thomas W. Springer: Consent Calendar 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. The Mayor noted a certificate for retired Parks and Recreation Commission member Kai Lai, who was not present to accept the certificate. Kai Lai Employee Award The Mayor presented the Employee Award for the Month of November, 2002 to Dave Bozzo, Fire Division Chief-Operations, Fire Department. New Employee The Mayor introduced new employee Gregory Lopez, Firefighter I, Fire Department. The Mayor announced that the Council had adjourned from a Closed Session regarding Public Employee Performance Evaluation for the City Administrator, pursuant to Government Code Section 54957 and that the action would be reported under the Mayor's Report at the end of the meeting. The Mayor noted that under Orders of the Day that Item VIII. C. will be moved before Bids and Proposals. Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer - 7:05 p.m. Roll Call The City Clerk noted that the agenda had been posted on November 27,2002 at 10:30 a.m. Posting Agenda The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting December 2, 2002 Gilroy, California 79,97 7998 Minutes Minutes of the Regular Council Meeting of November 18, 2002; Amend. SCCCA Amendments to the Santa Clara County Cities Association Bylaws; Bylaws Claims Denied claim of Jose Garcia; EMS Agreements Emergency Medical Services (EMS) agreements for 1) Pre-Hospital Emergency Medical Services and Supplemental Ambulance Transport Activities and 2) Agreement for Services (Medical Director); Res.2002-82 Adopted Resolution No. 2002-82 authorizing the use of the "Advance Construction Authorization" process to proceed with the construction of Phase II of the Monterey Streetscape Improvement Project using City funds to cover project expenses until Federal reimbursement funds become available; RESOLUTION NO. 2002-82 Resolution of the City of Gilroy authorizing the use of the "Advance Construction Authorization" process to proceed with the construction of Phase II of the Monterey Streetscape Improvement Project using City funds to cover project expenses until Federal reimbursement funds become available. PASSED AND ADOPTED this 2nd day of December, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Budget Budget Amendments/Transfers as recommended. The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. Cultural Facility The Mayor noted a review of the Cultural Facilities Task Force report on the siting and preliminary design of the Cultural Facility. The staff report was noted and further explained by the City Administrator, explaining that the Task Force preference is Option #3A. Motion was made by Councilman Velasco, seconded by Councilman Pinheiro and carried (Councilman Gartman voting no) to approve Option #3A at Seventh and Eigleberry Streets for siting and the preliminary design of the Cultural Facility. The Mayor returned to the regular order of the agenda. Bid-Prisoner Transport Van The City Administrator presented a recommendation to purchase a Prisoner Transport Van from Sirchie Finger Print Laboratories, Inc. (Vehicle Division) in the amount of $46,929.00. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to purchase a Prisoner Transport Van from Sirchie Finger Print Laboratories, Inc. (Vehicle Division) in the amount of $46,929.00. Pub.Hearing Z 02-06 The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Zone change request from C3-PUD, M2 and HC (Shopping Center Commercial-Planned Unit Development, General Industrial and Highway Commercial), to C3/HC/M2-PUD (Shopping Center Commercial/Highway Commercial/General Industrial-Planned Unit Development), on property located at the southeast corner of Highways 101 and 152. Regency Realty Group, Inc., applicant, Z 02-06. Pub.Hearing TM 02-06 AlS 02-22 7999 The staff report was noted and further explained by Planner II Durkin, Planning Division Manager Faus, Deputy Community Development Director Greenhut, and Traffic Engineer Abrams, for all of the Regency issues. At 9:29 p.m. the Mayor called for a recess, after which he recalled the meeting to order. The Mayor opened the Public Hearing for the three Regency issues. Peter Knoedler, Regency Centers, noted that their schedule is to start construction right after the first of the year, if they are successful this evening, with Target opening in October, 2003. He noted his concerns with reducing parking, that they will lose patrons for their restaurants. He stated that parking numbers are written into their contracts as to what they will provide. He stated that they would like to have enough parking available, and the 11 % compromise is acceptable. He stated that they could add significant landscaping along the back by eliminating the parking along the back and widening the landscaping strip. He noted the triangle area is for storage. He explained that they could landscape around the trash enclosures. He requested two pylon signs for the development. He stated that they would prefer VT A provide the bus service, and stay off the site. He stated that they will provide a bus stop on Camino Arroyo. He requested that if sidewalks are required, that the condition state that they will be reimbursed by the TIF. He stated that if they could keep the parking number stalls as requested, that they could provide more mature landscaping, with larger size trees and bushes. Bill Lindsteadt stated that they have worked on this for many years, and noted that he was happy to see this before the Council tonight. He noted concerns with requiring sidewalks. He stated that they tried a shuttle service between the commercial area and the train, and explained that it just did not work. He questioned the requirement for showers for this development. He suggested an "Adopt an Interchange" program with the service clubs in town. The Mayor closed the Public Hearing for the three Regency issues. Jeff Foster, Denise DuffY & Associates, reviewed concerns regarding the sidewalk requirement, noting a letter received from VT A . Motion was made by Councilman Pinheiro, seconded by Councilman Velasco and carried (Councilman Arellano voting no) to direct staff to prepare a resolution of findings regarding certification of the EIR and to prepare a Statement of Overriding Considerations with respect to each unavoidable effect set forth in the EIR for consideration by the City Council, striking the requirement for showers and shuttle service. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to direct staff to prepare an ordinance approving Z 02-06. The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Tentative Map request to subdivide 75.45 acres into 16 commercial and industrial lots, on property located at the southeast corner of Highways 101 and 152. Regency Realty Group, Inc., applicant, TM 02-06. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving TM 02-06. The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. The Mayor noted an Architectural & Site Review Planned Unit Development request for development ofa 458,419::1:: square foot shopping center on a 75.45 acre site, located at the southeast corner of Highways 101 and 152. Regency Realty Group, Inc., applicant, AlS 02-22. 8000 Pub.Hearing M 02-13 Pub.Hearing TM 02-03 Councilman Arellano offered an amendment to the following motion, seconded by Councilman Morales, and the motion did not carry (Councilmembers Dillon, Gartman, Pinheiro, Velasco, and Springer voting no), to change the setbacks for the development from 15' to 20'. Councilman Arellano offered an amendment to the following motion, and the motion died for lack of a second to the motion, to allow only one pylon sign. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried (Councilman Arellano voting no) to direct staff to prepare a resolution approving AlS 02-22, with amendments to include making the landscaping 11 % with mature landscaping, to add a new condition for architectural amenities treatment of the rear of the buildings on Holloway to include a possible trellis, an additional condition that arbors or appropriate enclosures be placed over the trash enclosures, and that a 20' setback be enforced on Holloway Road by the Kohl's building. The Mayor returned to the regular order of the agenda. The Mayor stated it was the time and place scheduled for a continued Public Hearing on approval of a Development Agreement for Regency Realty Group, Inc., applicant, M 02-13. Councilman Arellano offered an amendment to the following motion, seconded by Councilman Morales, and the motion did not carry (Councilmembers Dillon, Gartman, Pinheiro, Velasco, and Springer voting no), for the applicant to pass any savings on to the tenants. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried (Councilman Arellano voting no) to direct staff to prepare an ordinance approving M 02-13. At 11: 13 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 continued Public Hearing on a Tentative Map request to subdivide 8.35 acres into 9 industrial lots, on property zoned M1 (Limited Industrial), located at the southeast corner of Las Animas Avenue and Monterey Road. Lloyd Martin, applicant, TM 02-03. The staff report was noted and further eXplained by Planner II Casper and Traffic Engineer Abrams. The Mayor opened the Public Hearing. Lloyd Martin commented on the street naming, and noted a building they are currently completing at the corner of Las Animas and Murray, noting that they will conform to City standards. He commented that they had no problems with the construction, that they did the street improvements, and are aware of the City's policies and believe that they can adhere to them again. He stated that he would be approaching the Council at a future meeting for annexation of the other properties in the area. The Mayor closed the Public Hearing. Motion was made by Councilman Dillon, 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 Councilman Dillon, seconded by Councilman Pinheiro and carried to direct staff to prepare a resolution approving TM 02-03. 8001 SHE 02-01 The Mayor noted a Senior Housing Exemption request from the RDO to develop 39 cottage units within the Village Green Development, located at the southwest corner of Santa Teresa Boulevard and Hecker Pass Highway, on property zoned R3/PUD (Medium Density ResidentiallPlanned Unit Development). Coastal Rim Properties, applicant, SHE 02-01. Councilman Velasco recused himself from discussion and vote on this issue due to a conflict of interest as to property ownership in the area, and stepped down from the dais. The staff report was noted and further explained by Planner II Durkin. Motion was made by Councilman Morales, seconded by Councilman Arellano and carried (Councilman Velasco absent) to direct staff to prepare a resolution approving SHE 02-01. Councilman Velasco returned to his seat at the dais. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Priority Focus #41-2002 dated November 15, 2002. Customer Service: Letter of thanks from Caren Black, Assistant Principal, Brownell Academy of Humanities and Fine Arts, to Police Officers Mike Terasaki, Cherie Somavia, Pat Sullivan and Randy Bentson for the support the Gilroy Unified School District receives and their successful work with students and parents on the campuses; Email of thanks from Cindie Taylor to Jay Baksa for the Customer Service Training that he provided to new employees; Email of thanks from Cindy Lister to Lisa Jensema for her assistance in changing the pick-up time for garbage removal near her home; Email of thanks from Louise Fortino to the tree crew for the excellent job they did on her four trees; Letter of thanks from JeffClet to Rick Brandini and the Facilities Group (Chris Rogers and Bob Bozzo) for their work on a special project to rehab the Las Animas Fire Station; Letter from St. Joseph's Family Center forwarding an $8,000.00 check from the Housing Authority for the upcoming Ochoa Winter Center Program; Email of thanks from Tina Kekaha to Marty Quiroz for his assistance with software conversion for the RecWare product; and Memorandum of thanks from Fire Chief Clet to Chris Rodgers and Bob Bozzo for their assistance in removing a dead animal from an office wall. Informational items: City of Gilroy Investment Report dated September, 2002; Notice of application for a gas rate increase and an electric revenue increase for Pacific Gas and Electric Company (PG&E); 8002 Letter of appreciation from Suzanne Jackson, Santa Clara County Domestic Violence Council, for the City of Gilroy's $1,000.00 sponsorship of the lOth Annual Domestic Violence Council Conference "Ending Family Violence: A Decade of Progress;" City of Gilroy Investment Report dated October, 2002; and Community Development Department - Planning Division monthly report of long-range applications and status ofRDO allocation and activity dated November 26, 2002. Gang Task Force The minutes of the Gilroy Gang Task Force retreat of October 4,2002 were 10-4-02 noted. Library Com. 10-9-02 The minutes of the Library Commission meeting of October 9,2002 were noted. P & R Com. The minutes of the Parks & Recreation Commission meeting of October 15, 10-15-02 2002 were noted. Sr.Adv.Board The minutes of the Senior Advisory Board meeting of October 21,2002 were 10-21-02 noted. Youth Com. 10-14-02 The minutes of the Gilroy Youth Commission meeting of October 14, 2002 were noted. The City Administrator asked that each Councilmember set up an interview time through the City Clerk to meet with Marilyn Manning regarding the retreat. He requested retreat topics for January. Petition re: Transmission Towers The City Attorney noted information regarding a petition to enact an ordinance restricting transmission towers and transmitters. She explained that it would be illegal for the City to adopt an ordinance restricting these towers and transmitters due to health reasons. Merit Increase The Mayor noted a recommendation and authorization for a merit increase for for the City the City Administrator for performance during the period of September, 2001 to Administrator September, 2002, effective January 1, 2003. Motion was made by Mayor Springer, seconded by Councilman Morales and carried to authorize increasing the City Administrator's compensation by 5%, which will be an addition to his deferred compensation. The Mayor thanked all the volunteers who served on Thanksgiving Day at St. Mary's. Councilman Morales thanked the community for giving to the Salvation Army and St. Joseph's. He stated that the Salvation Army is looking for bell ringers. Councilman Pinheiro invited everyone, on behalf of the Bonfante Gardens Board of Directors, to Bonfante Gardens on Sunday, December 8th from 4:00 p.m. to 8:00 p.m. for an Appreciation Evening. He stated that there is no charge for admission, but there is a $2.00 parking fee. He also commented on the Christmas tree lighting on Saturday night at 6:30 p.m. downtown. Councilman Gartman stated that Santa will be downtown all day on Saturday with his "special" reindeer. Councilman Velasco noted that the street sign at the corner of Broadway and Carmel is mangled. He questioned the topic for the study session on December 16th regarding the Sargent Ranch, and was told that it is just for our information and to get the City's opinion as to its merits, before they move forward. The Mayor noted the following meetings/events: Adjournment 8003 *Meeting will be televised on Channel 17 DECEMBER 2002 2 Study Session - Review ofthe Cultural Facilities Task Force Recommendations - 6:00 p.m., Gilroy City Council Chambers 2 Closed Session of the Council - Performance Evaluation of the City Administrator - 6:50 p.m., Administration Conference Room, Gilroy City Hall 2*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 9 Interviews for Boards/Commissions - 6:00 p.m., Gilroy City Council Chambers 9 Council Interviews - Agricultural Mitigation Measure Policy Power Task Force - 7:30 p.m., Gilroy City Council Chambers 10 SCRWAMeeting - 7:30 a.m., 1500 Southside Drive, Gilroy 16 Study Session - Sargent Ranch - 6:00 p.m., Gilroy City Council Chambers 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 (CANCELLED) JANUARY 2003 6 Study Session - Update on the Mujedes Pueden Project - 6:00 p.m., Gilroy City Council Chambers 6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 10 Annual Retreat - 8:00 a.m. to 4:00 p.m., Hilton Garden Inn, 6070 Monterey Street, Gilroy, (dinner at 6:00 p.m. - Mama Mia's Restaurant, 1360 First Street, Gilroy) 11 Annual Retreat - 9:00 a.m. to 2:00 p.m., Hilton Garden Inn, 6070 Monterey Street, Gilroy 13 Study Session - Update on Old City Hall- 6:00 p.m., Willey House, 140 Fifth Street, Gilroy 13 Council Interviews - Downtown Specific Plan Power Task Force - 7:00 p.m., Willey House, 140 Fifth Street, Gilroy 14 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 21 *Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 27 Study Session - Discussion on Information Systems Program Model- 6:00 p.m., Willey House, 140 Fifth Street, Gilroy 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy FEBUARY 2003 3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 10 Council Interviews - Neighborhood District Power Task Force - 6:30 p.m., Gilroy City Council Chambers 10*Joint Council/Planning Commission Study Session - Review the 2004 cm- 7:30 p.m., Gilroy City Council Chambers 11 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy At 12:09 a.m. the Mayor adjourned the meeting. Respectfully submitted, 'A J;;L U? . c. .' ,.ledl' \ --f./j AA'-- /s/ \ RHONDA PELLIN, CMC City Clerk