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Minutes 2003/01/21 8020 Regular Meeting January 21,2003 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Invocation Pastor Dennis Nichols, South Valley Community Church, gave the Invocation. Posting Agenda The City Clerk noted that the agenda had been posted on January 15, 2003 at 11 :30 a.m. Roll Call Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer - 7:01 p.m. The Mayor announced that the Council had adjourned from a Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8 and that there was no reportable action taken. The Mayor noted under Orders of the Day that Items VI.c. and VI.D. have been deferred indefinitely due to additional environmental work to be done. New Employees The following new employees were introduced: Eustaquio Rodriguez, Police Officer, Police Department and Joseph Deras, Police Officer, Police Department. Vol. Award The Mayor presented the Volunteer of the Month of December, 2002 award to Danny Martin. The Mayor deviated from the agenda to accommodate interested persons in the audience. Charter Com. The Mayor noted an update by Charter Communications on the status of the rebuild. John Adams reviewed the areas that have been completed and eXplained that the additional areas should be complete in 6-8 weeks. The Mayor returned to the regular order of the agenda. " Mike Honda The Mayor noted a presentation by Congressman Mike Honda. He eXplained that his office is in Campbell, which is centrally located in this district. He thanked the City Administrator for allowing his staff to hold office hours once a month in Gilroy. He noted that Bernadette Arellano, Councilman Arellano's daughter, is an intern with his office. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Ron Gong gave an update, and submitted additional petitions, on his request for the City of Gilroy to enact an ordinance to not allow transmission towers in certain areas of the City. He explained that his group understands the needs of the City of Gilroy safety personnel transmissions, which are not commercial ventures. He noted that the tower on Reservoir D is 44.3 feet tall, which is illegal, and requested that the City review this tower to remove or relocate it. Jorge Brionez noted that he was amazed that Charter Communications never seems to have the information that the Council needs. He stated that the City of Gilroy is being taken for a ride. He noted his dissatisfaction with Charter Communications. Consent Calendar Motion was made by Councilman Morales, seconded by Councilman Arellano 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: 8621 Minutes Minutes of the Regular Council Meeting of January 6,2003; Budget Budget Amendments/Transfers as recommended; and Claims Denied claims of Ilena Hernandez & Jess Ponce, Jerry Quintos, and Domingo Perales. Arts & Culture Kermit Delaurant, Chairperson of the Arts and Culture Commission, reviewed Com. Report the past six months activities, including the Public Arts Committee mural project and Master Plan. He noted works in progress including a Calendar of Arts and Cultural Events and an Arts Roster. Carol Peters noted that the Commission felt a need to connect with the students in Gilroy. She asked that the City Council approve a new position on the Commission, that a student be elected by the Gilroy High School student body to sit as a non-voting member to the Commission. She introduced Christopher Brady, who has sat in on the Commission meetings for the last four months. He discussed his passion for the arts and culture, and stated that he hoped to be able to sit formally on the Arts and Culture Commission. The Commission will agendize this to determine their recommendation. Pub. Hearing Z 02-03 The Mayor stated it was the time and place scheduled for a Public Hearing on Citywide zoning map changes for consistency with the General Plan Update. City of Gilroy, applicant, Z 02-03. The staff report was noted and further eXplained by Planner II Casper. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Councilman Pinheiro recused himself from discussion and vote on this issue due to property ownership in area #20, stepped down from the dais, and exited the room. Councilman Velasco recused himself from discussion and vote on this issue due to financial reasons that his primary residence is in proximity to the request, stepped down from the dais, and exited the room. It was noted that the property east of Camino Arroyo and south of Highway 152 will be zoned consistent with the originally adopted General Plan map. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilmembers Pinheiro and Velasco absent) to direct staff to prepare an ordinance approving Z 02-03. Councilmembers Pinheiro and Velasco returned to their seats at the dais. At 9:33 p.m. the Mayor called for a recess, after which he recalled the meeting to order. Pub. Hearing M 02-15 The Mayor stated it was the time and place scheduled for a Public Hearing on a request for approval of a Development Agreement. Newman Development, applicant, M 02-15. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to continue M 02-15 to March 17, 2003 due to continuation by the Planning Commission. Pub.Hearing Z 00-08 The Mayor stated it was the time and place scheduled for a Public Hearing on a Pre-zone request to RI-PUD/PF (Single Family Residential-Planned Unit Development/Park-Public Facility), on property located at 850 Day Road. Glen Lorna Group, applicant, Z 00-08. The Mayor stated that this item has been deferred indefinitely due to additional environmental work that needs to be done. 8922 \, Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to defer this to an indefinite date in the future. Pub. Hearing A 00-01 The Mayor stated it was the time and place scheduled for a Public Hearing on an Annexation request for 66.4 acres, located at 850 Day Road. Glen Lorna Group, applicant, A 00-01. The Mayor stated that this item has been deferred indefinitely due to additional environmental work that needs to be done. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to defer this to an indefinite date in the future. TM 01-03 The Mayor noted a resolution to approve TM 01-03, a Tentative Map to subdivide an approximately 76 acre site into 247 single-family residential lots and 3 remainder lots located on the northwest corner of Santa Teresa Boulevard and Sunrise Drive, APNs 783-20-003,004,035,038,041. Glen Lorna and Arcadia Development, applicants. The staff memorandum was noted and further reviewed by Planner II Durkin, noting that the applicant has agreed that the tentative map would only contain parcels to the west of Street K, to include 227 lots, with the remaining 20 parcels to be included in a future tentative map. The Council concurred that on page 3 of the City Council minutes of December 16, 2003 the second to the last paragraph, last line, the word "no" should be removed to read "there will be access on Sunrise Drive for lots 100- 105." John Donohoe noted that they are comfortable with the sound attenuation changes noted in the negative declaration and also the changes to Parcel C. Council agreed that a condition shall be added that development of one-half of Street K shall include additional width to meet City standards. Council agreed to add a condition that the project shall implement traffic calming measures along Sunrise Drive as determined by the City Engineering staff. Res.2003-05 Motion was made by Councilman Morales, seconded by Councilman Arellano and carried (Councilmembers Gartman, Pinheiro, and Velasco voting no) to adopt Resolution No. 2003-05 approving TM 01-03, a Tentative Map to subdivide an approximately 76 acre site into 227 single-family residential lots and 3 remainder lots located on the northwest corner of Santa Teresa Boulevard and Sunrise Drive, APNs 783-20-003,004,035,038,041, as modified. Glen Lorna and Arcadia Development, applicants. RESOLUTION NO. 2003-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 01-03, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 76 ACRE SITE INTO 227 SINGLE-FAMILY RESIDENTIAL LOTS AND 3 REMAINDER LOTS LOCATED ON THE NORTHWEST CORNER OF SANTA TERESA BOULEVARD AND SUNRISE DRIVE, APNS 783-20-003, 004, 035, 038, 041. GLEN LOMA AND ARCADIA DEVELOPMENT, APPLICANTS. PASSED AND ADOPTED this 6th day of January, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, MORALES, and SPRINGER NOES: COUNCILMEMBERS: GARTMAN, PINHEIRO, and VELASCO ABSENT: COUNCILMEMBERS: NONE 80-23 Downtown Specific Plan Power Task Force The Mayor noted appointment of members to the Downtown Specific Plan Power Task Force. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to set January 27,2003 at 7:30 p.m. in the Council Chambers to interview applicants and on February 3,2003 to appoint members to the Downtown Specific Plan Power Task Force. Ag Mitigation The Mayor noted appointment of Norman Watenpaugh to the Agricultural Task Force Mitigation Task Force. Motion was made by Councilman Pinheiro, seconded by Councilman Dillon and carried to appoint Norman Watenpaugh to the Agricultural Mitigation Task Force. SPE 01-01 The Mayor noted a Small Project Exemption request to allow the development of 13 single family homes (12 new homes plus one existing), on property zoned RI-PUD (Single Family Residential-Planned Unit Development), located at 940 Sunrise Drive. MH Engineering (c/o Fernando Rocha), applicant, SPE 01-01. Councilman Pinheiro recused himself from discussion and vote on this issue due to a business arrangement, stepped down from the dais, and exited the room. The staff report was noted and further reviewed by Planner I Polubinsky. Brian Curtis, MH Engineering Project Engineer, stated that he was present to answer any questions. He said that water is available, but sewer and storm drains are not. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilman Pinheiro absent) to direct staff to prepare a resolution approving SPE 01-01. Councilman Pinheiro returned to his seat at the dais. A 01-0 1/Z 02-01 The Mayor noted a request by Lloyd Martin to complete his annexation and pre-zoning requests for the Las Animas Annexation and Pre-Zoning, File #A 01-01 and Z 02-01. The staff report was noted and further explained by Planner II Casper. The City Attorney stated that there is no option to move forward without complying with the General Plan. She stated that the City may need to impose a mitigation that it conform to the General Plan Agricultural Mitigation Measures as adopted in the future. Lloyd Martin explained his request, and noted that he felt he was caught in a time warp by one month. He requested to be allowed to proceed with the applications and stated that he would adhere to the Agricultural Mitigation Measures when they are adopted. Motion was made by Councilman Arellano, seconded by Councilman Morales and carried to allow Mr. Martin to move forward with the processing of the annexation and pre-zoning requests. The following informational items were noted with no separate discussion on same: Customer Service: Email of recognition from Colette Harman to Danny Martin for working tirelessly over the holiday season organizing and distributing gifts to families and surprising families as "Santa"; 8024 Note of thanks from various attendees of the "Victorian Christmas Living History" to Cathy Mirelez and the Museum Staff for a wonderful time; Certificate of Appreciation awarded to Jay Baksa in recognition of valuable contributions to Community Media Access Partnership; and Letter of acknowledgement from Bryan W. Rich, EMQ Children & Family Services, to Officer Mike Terasaki for assistance with a mental health crisis intervention. Informational items: Information from the Advisory Council of the Council on Aging; City of Gilroy Investment Report dated December 2002; and Gilroy Economic Development Corporation minutes of December 13, 2002. SCRWA 12-10-02 The minutes of the South County Regional Wastewater Authority meeting of December 10, 2002 were noted. The City Administrator noted that the Council needs to add an emergency item to the agenda to adopt a resolution urging rejection of the Governor's proposed shift oflocal VLF revenues. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to add an emergency item to the agenda to adopt a resolution urging rejection of the Governor's proposed shift of local VLF revenues. Res.2003-06 Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to adopt Resolution No. 2003-06, urging the California Legislature to reject the Governor's proposed shift oflocal VLF revenues and to honor the 1998 commitment to restore the VLF. RESOLUTION NO. 2003-06 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY URGING THE CALIFORNIA LEGISLATURE TO REJECT THE GOVERNOR'S PROPOSED SHIFT OF LOCAL VLF REVENUES AND TO HONOR THE 1998 COMMITMENT TO RESTORE THE VLF. PASSED AND ADOPTED this 6th day of January, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The City Administrator noted the issue in the newspaper of Perchlorate contaminating the water supply. He distributed a memo noting that it has not affected our deep wells. He stated that staffwill continue to monitor the wells. The Mayor noted that the February 3,2003 meeting start time will be at 6:00 p.m. and that at approximately 7:30 p.m. a workshop on the transmission tower issue will be held. The City Attorney noted a new Government Code Section which amends the Political Reform Act that if a member has a conflict, they must announce the basis of the conflict, leave the dais, and exit the room. She noted that they are allowed to comment as a member of the public on the issue. Councilman Arellano stated that for next Monday's meeting, he would be able to attend the 7:30 p.m. portion, but not the early session. He wished good luck to the Raiders on Sunday. Adjournment 8025 Councilman Morales announced that on January 23,2003 from 6:00 p.m. to 9:00 p.m. at the Senior Center, the Santa Clara County Juvenile Detention Reform Committee will hold a forum to receive input from the public regarding issues on the detention of juveniles of color. The Mayor read the names of the applicants to be interviewed on Monday for the Downtown Task Force, which include John Ceballos, Jim Gailey, Jim Habing, Bill Lindsteadt, Pamela Martin, Connie Rogers, David Sheedy, Darlene Sotelo, James Suner, Gary Walton, and Richard Young. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 JANUARY 2003 21 Study Session - Review of Applications for the Downtown Specific Plan Task Force - 6:00 p.m., Gilroy City Council Chambers 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 SCRWA 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 IO*Joint CouncillPlanning Commission Study Session - Review the 2004 CIB - 7:30 p.m., Gilroy City Council Chambers 11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 24 Workshop for CouncilmemberslBoardmembers/Commission Members/Task Force Members on the Brown Act. Conflict of Interest. and Meeting Procedure - 6:00 p.m., Gilroy City Council Chambers 25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy MARCH 2003 3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 11 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy At 11 :32 p.m. the Mayor adjourned the meeting to a closed session. Pursuant to Government Code Section 54956.9(a) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Name of Case: City of Gilroy v. Deena M. Luce, Charles Thomas Helmich and Brian Foster Cleborne Santa Clara Superior Court, Criminal Division At 11:42 p.m. the Mayor reconvened the meeting and announced that no action had been taken in the Closed Session. Respectfully submitted, ) / / :/ I H ,/ . . . / L,y/WcA v ;'.[ (. Lr,- RHONDA PELLIN, CMC City Clerk