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Minutes 2002/03/04 Roll Call Closed Session Adjournment Invocation Posting Agenda Roll Call 7863 Special Meeting March 4, 2002 Gilroy, California The Mayor called the Council to order at 6: 10 p.m. Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer - 6: 10 p.m. The City Attorney stated that the agendized Closed Session was called pursuant to Government Code Section 54956.9(b) involving one case of anticipated litigation. The need for the Closed Session arose in part from the allegations contained in the letter dated February 21,2002, sent to Jay Baksa by the General Counsel of the Home Builders Association of Northern California. Discussion ensued as to whether facts and circumstances existed that constituted a significant exposure to litigation. City staff commented on previous meetings between staff and representatives of the HBA. The City Attorney believed that such exposure existed due to the statements in the letter made by legal counsel combined with the history of the HBA litigating these issues. Additional testimony was given by City staff that comments which they believed constituted threats oflitigation against the City on these issues were made in private meetings with City staff At about 6:35 p.m., it was determined to go into Closed Session to decide whether existing facts and circumstances justified such a session, and if so, to hold the Closed Session. The Closed Session was held, and the Mayor readjourned into Open Session at about 6:55 p.m., stating that there were no actions taken at the meeting. At 6:56 p.m. the Mayor adjourned the meeting to the Regular Meeting. Respectfully submitted, /s/ LINDA CALLON City Attorney Regular Meeting March 4,2002 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Kevin Wilson, Gilroy Bible Church, gave the Invocation. The Mayor announced that the Council had adjourned from a Closed Session regarding Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b) and that no action had been taken. The City Clerk noted that the agenda had been posted on February 27,2002 at 11: 57 a.m. 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. 7864 New Employees The Mayor introduced new employees Bana Nemati, Engineer I, Community Development Department; Todd Barreras, Operations Services Supervisor, Community Services Department; Daniel Aldridge, Operations Services Supervisor, Community Services Department; Chris Orr, Operations Services Supervisor, Community Services Department; and Jeff Clet, Fire Chief, Fire Department. Proc. -Science Fair Week The Mayor noted a proclamation for Science Fair Week - March 10-16, 2002. Group/Team Award The Mayor presented the Group/Team of the Month of March, 2002 to Patricia Bautista, Wade Berry, Paul Bischoff, Rick Brandini, Rick Bryde, Steve Eddlemon, Tom Gotterba, Jose Muniz, Eligio Parraz, Don Popma, Chris Rogers, Jerry Thome, David Vilchis, and Chris Weske. Vol. Award The Mayor presented the Volunteer of the Month of February, 2002 award to the Volunteers In Policing Group. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Amos Brown noted concern of the threat of terrorism he has received. He pleaded that the Council have an investigation done regarding this terrorist threat. Consent Calendar Motion was made by Councilman Dillon, seconded by Councilman Morales 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: Minutes Minutes of the Regular Council Meeting of February 19,2002; Res.2002-11 Adopted Resolution No. 2002-11 initiating proceedings for the annual levy of assessments for Maintenance District No.1, Fiscal Year 2002/2003; RESOLUTION NO. 2002-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR MAINTENANCE DISTRICT NO.1, FISCAL YEAR 2002/2003. PASSED AND ADOPTED this 4th day of March, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2002-12 Adopted Resolution No. 2002-12 approving A/S 01-89, an application for Architectural and Site approval of a Planned Unit Development (PUD) on approximately 4,740 square feet, APN 835-04-075, Huberto Acevedo, applicant; RESOLUTION NO. 2002-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 01-89, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 4,740 SQUARE FEET, APN 835-04-075, HUBERTO ACEVEDO, APPLICANT. PASSED AND ADOPTED this 4th day of March, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 7865 Res.2002-13 Adopted Resolution No. 2002-13 authorizing the filing of an application for federal surface transportation funds through the Metropolitan Transportation Commission's Transportation for Livable Communities Program for the Monterey Streetscape Improvement Project and committing the necessary local match for the project and stating the assurance of the City of Gilroy to complete the project. RESOLUTION NO. 2002-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION FUNDS THROUGH THE METROPOLITAN TRANSPORTATION COMMISSION'S TRANSPORTATION FOR LIVABLE COMMUNITIES PROGRAM FOR THE MONTEREY STREETSCAPE IMPROVEMENT PROJECT AND COMMITTING THE NECESSARY LOCAL MATCH FOR THE PROJECT AND STATING THE ASSURANCE OF THE CITY OF GILROY TO COMPLETE THE PROJECT. PASSED AND ADOPTED this 4th day of March, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Surplus Property Declared recovered property as surplus. Bid-Weed Abatement The City Administrator presented a recommendation to award the bid for Weed Abatement Tractor Service, Project No. 02-CDD-537, to Roberts Tractor Company in the amount of $80.00 per hour. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to award the bid for Weed Abatement Tractor Service, Project No. 02- CDD-537, to Roberts Tractor Company in the amount of$80.00 per hour. Pub.Hearing Z 00-09 The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Zone Change request to change the zoning designation from Al (Agriculture) to Rl (Single Family Residential), on property located east of Wren Avenue, and adjacent to Vickery Avenue. Gilroy Unified School District, applicant, Z 00-09. The staff report was noted and further explained by Planner II Durkin. The Mayor opened the Public Hearing. Chris Ordaz, GUSD realtor, reviewed the history of this property. He stated that this property could be available for affordable housing in the future. He noted that the 3.6 acre parcel could be rezoned PF for the future use of a City park. The Mayor closed the Public Hearing. Motion was made by Councilman Velasco, 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 Pinheiro, seconded by Councilman Morales and carried to direct staff to prepare an ordinance approving Z 00-09 for a portion of the property to be rezoned Rl (Single Family Residential) and a portion to be rezoned PF (Park/Public Facility). Pub. Hearing The Mayor stated it was the time and place scheduled for a Public Hearing Charter Com. regarding Charter Communications request for modification of their Franchise Agreement. 7866 The staff report was noted and further explained by Community Development Director Allen. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Councilman Arellano stated for the record that Charter Communications has been more flexible in their dealings with the Council. Motion was made by Councilman Velasco, seconded by Councilman Pinheiro and carried (Councilmembers Gartman and Morales voting no) to approve the compromise agreement. Pub.Hearing Bonfante Gardens The Mayor stated it was the time and place scheduled for a Public Hearing concerning the issuance by California Statewide Communities Development Authority (the "Issuer") of its tax-exempt obligations in an aggregate principal amount not expected to exceed $3,015,000 (the "Obligations"). Proceeds of the Obligations are to be made available to Bonfante Gardens, Inc., a nonprofit public benefit corporation described in Section 501(c)(3) of the Internal Revenue Code of 1986, or an affiliate (the "Borrower") pursuant to a Loan Agreement (the "Agreement") (i) to prepay all of the outstanding principal amount of the Issuer's Equipment Purchase Program Note (Bonfante Gardens, Inc. Project), Series 2000- 15 (the "Series 2000 Note"), the proceeds of which were used to finance the acquisition of equipment to be used in the Borrower's horticulturally-based theme park and (ii) to pay related expenses of issuing the Obligations. The Equipment is located at 3050 Hecker Pass Highway, Gilroy, California 95020, and is owned by the Borrower. (At 8:06 p.m. Councilman Dillon left the Council Chambers, and returned at 8:09 p.m.) The staff report was noted and further explained by Administrative Services Director Dorn. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Res.2002-14 Motion was made by Councilman Velasco, seconded by Councilman Pinheiro and carried to adopt Resolution 2002-14 approving the issuance of tax-exempt obligations by the California Statewide Communities Development Authority. RESOLUTION NO. 2002-14 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY. PASSED AND ADOPTED this 4th day of March, 2002, by the following vote; AYES: COUNCILMEMBERS: DILLON, GARTMAN, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: ARELLANO and MORALES ABSENT: COUNCILMEMBERS: NONE Pub.Hearing The Mayor stated it was the time and place scheduled for a Public Hearing for Underground- the purpose of ascertaining whether the public necessity, health, safety, or welfare ing requires the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service, within that portion of Santa Teresa Boulevard beginning at a point 900 feet north of the intersection of Santa Teresa Boulevard and Longmeadow Drive and continuing north to Day Road West. The staff report was noted and further explained by Community Development Director Allen. 7867 The Mayor opened the Public Hearing. Charlotte Canton stated that they own a parcel on Santa Teresa Boulevard and that she wants to know the cost of the undergrounding service. The Mayor closed the Public Hearing. Res.2002-15 Motion was made by Councilman Velasco, seconded by Councilman Morales and carried to adopt Resolution No. 2002-15 establishing Underground Utility District No.6, subject to review by the City Attorney that the project can include property outside the City limits, and a condition that the City of Gilroy will provide reasonable accommodation for costs over the $1,500.00 on a case by case basis with the property owners. RESOLUTION NO. 2002-15 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.6 PASSED AND ADOPTED this 4th day of March, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Bonfante Gardens The Mayor noted appointment of a Councilmember to the new Bonfante Gardens Board of Directors. Motion was made by Councilman Morales, seconded by Councilman Velasco and carried (Councilman Pinheiro absent) to appoint Councilman Pinheiro to the new Bonfante Gardens Board of Directors, with the provision that the City Attorney will review whether any conflict of interest applies to this appointment. (At 8:48 p.m. Councilman Morales left the Council Chambers, and returned at 8:49 p.m.) Kurtt Int'l. Trucks The Mayor noted a request for an appeal of a development condition by Kurtt International Trucks. The staff report was noted and further eXplained by Community Development Director Allen. (At 8:56 p.m. Councilman Pinheiro left the Council Chambers, and returned at 8:58 p.m.) Bill Kurtt distributed information regarding Kurtt International Trucks. He noted his concerns regarding the requirements placed by the City on development of two out often acres ofland on Jamieson Way. In answer to a question, he stated that a two week continuance would be acceptable. Bill Lindsteadt noted a letter from Susan Jacobsen regarding this request. He stated that this is a temporary use of this property. He reiterated that Mr. Kurtt is only using two ofthe ten acres of the site. He requested the costs be figured on the two acres rather than the entire parcel. He requested that Mr. Kurtt not be required to pay the Development Impact Fees. (At 9:28 p.m. Councilman Arellano left the Council Chambers and returned at 9:29 p.m.) Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to continue this item to March 18, 2002. The following informational items were noted with no separate discussion on same: 7868 A& C Com. 1-8-02 Legislation: League of California Cities Priority Focus #6-2002 dated February 8, 2002; and League of California Cities Priority Focus #7-2002 dated February 15,2002. Customer Service: Email of thanks from Myra Esparza to the City Employees who assisted with the Wal-Mart Shopping Day for the Ochoa Homeless Kids; Letter of thanks from Cathy Mirelez to Kermit DeLaurant, Julie Franco, Andrea Habing, Dia Hoshida, Lael McCormack, Donna Pray and Arline Silva for their assistance during the annual "Young Artists Show"; and Email of appreciation from Tina Kekaha to Ralph Hernandez for "going the extra mile" and his efforts during Randy Newell's recent absence. Informational items: Community Development Department - Planning Division monthly report of long-range applications and status ofRDO allocation & activity dated February 12, 2002; Email of thanks from Hugh Holden for making it sooooo hard for him to leave Gilroy; and A Special Report from Carter & Burgess regarding the EP A deadline for small storm water system permits. The minutes of the Arts and Culture Commission meeting of January 8, 2002 were noted. Gang Task Force The minutes of the Gilroy Gang Task Force meeting of January 8, 2002 were 1-8-02 noted. Library Com. 1-9-02 P&RCom. 1-15-02 Sr.Adv.Bd. 1-14-02 SCRW A 2-12-02 Youth Com. 1-14-02 The minutes of the Library Commission meeting of January 9, 2002 were noted. The minutes of the Parks & Recreation Commission meeting of January 15, 2002 were noted. The minutes of the Senior Advisory Board meeting of January 14,2002 were noted. The minutes of the South County Regional Wastewater Authority meeting of February 12,2002 were noted. The minutes of the Gilroy Youth Commission meeting of January 14,2002 were noted. The City Administrator distributed information on SB 975. He distributed the list of 2002 - Council Issues for meetings and workshops. He announced that there will be a special meeting on April 29, 2002 at 6:30 p.m. for the RDO Public Hearing. He distributed and noted a schedule of events for Redevelopment. The Mayor noted the closed session on the Home Builders Association (HBA) letter and stated that a special session can be scheduled on this. He asked Council to let staffknow if they want to schedule a hearing for the HBA to address the Council. Councilman Velasco asked if there was anything scheduled for April 8, 2002 and was told that it had been left open for now. Adjournment 7869 Councilman Gartman reminded everyone that tomorrow is Election Day and that the polls are open from 7:00 a.m. to 8:00 p.m. Councilman Pinheiro stated that he would not be available for an April 8, 2002 meeting. Councilman Arellano asked the citizens to vote smartly. Councilman Morales agreed with everything that has been said, and stated that the democratic process is to vote and make the community better. Councilman Dillon noted that he will be at the polls at 7:00 a.m. The Mayor noted that it is a right and a privilege to vote. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 MARCH 2002 4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 11 * Special City Council Meeting - 6:30 p.m., Gilroy City Council Chambers 12 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy 18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy APRIL 2002 1 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers 1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 15 Presentation - Update on Santa Clara Valley Water District - 6:30 p.m., Gilroy City Council Chambers 15*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy MAY 2002 6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 13*Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers 14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy At 9:47 p.m. the Mayor adjourned the meeting. Respectfully submitted, ]- d /' .. ~~~pi~~iN~2~c City Clerk