Minutes 2002/03/18
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7872
Regular Meeting
March 18, 2002
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Posting
Agenda
The City Clerk noted that the agenda had been posted on March 13, 2002
at 4:00 p.m.
Roll Call
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W.
Springer - 7:04 p.m.
The Mayor noted that Item VIII. C. had been requested by Michael Bonfante to
be continued for two weeks to April 1, 2002.
Proc.-Norouz, The Mayor noted a proclamation for Norouz, The Persian New Year 1381 -
Persian New March 20, 2002.
Year
Emp.Award The Mayor presented the Employee Award for the Month of March, 2002 to
Myra Esparza, Recreation Coordinator, Community Services Department.
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.
7873
Consent
Calendar
Motion was made by Councilman Gartman, seconded by Councilman Velasco
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 Special and Regular Council Meetings of March 4,2002;
Budget
Budget Amendments/Transfers as recommended;
Agrmt-Athens Agreement for Services with Athens Administrators for the provision of
Admin. Workers Compensation third party administration services;
Res.2002-16 Adopted Resolution No. 2002-16 abandoning the irrevocable offer for
dedication to the City of Gilroy Lot 31 for the purpose of establishing a Fire
Station.
RESOLUTION NO. 2002-16
A RESOLUTION OF THE CITY COUNCIL OF GILROY ABANDONING THE
IRREVOCABLE OFFER FOR DEDICATION TO THE CITY OF GILROY
LOT 31 FOR THE PURPOSE OF ESTABLISHING A FIRE STATION.
PASSED AND ADOPTED this 18th day of March, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Pub.Hearing
TM 01-04
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Tentative Map request to subdivide approximately 29.7 acres ofland
into 13 industrial lots, on property zoned CM (Commercial Industrial), located on
Monterey Road, south of Travel Park Circle, east of Highway 101. Stan Davis
(Silicon Valley South Technology Park), applicant, TM 01-04.
The staff report was noted and further explained by Planner II Casper.
The Mayor opened the Public Hearing.
Brian Curtis, MH Engineer, explained that the LOS F is a cumulative
condition.
The Mayor closed the Public Hearing.
Motion was made by Councilman Pinheiro, 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 Gartman
and carried to direct staff to prepare a resolution approving TM 01-04.
Pub.Hearing
USA 98-03
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a request to re-certify the revised subsequent Final Environmental
Impact Report to amend the City's Urban Service Area boundary located on the
west side of Monterey Road, between Luchessa Avenue and Farman Lane. City of
Gilroy, applicant, USA 98-03.
The staff report was noted and further eXplained by the City Administrator.
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
7874
Res.2002-17 Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to adopt Resolution No. 2002-17 making certain findings concerning
impacts and mitigation measures in accordance with the California Environmental
Quality Act in connection with a Sports Park Complex and a request for Urban
Service Area expansion to allow the development of the Sports Complex for which
an Environmental Impact Report and subsequent Environmental Impact Report
have been prepared, and adopting mitigation measures and statements of
overriding consideration and approving a mitigation and monitoring program for
the project.
RESOLUTION NO. 2002-17
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
MAKING CERTAIN FINDINGS CONCERNING IMP ACTS AND
MITIGATION MEASURES IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT IN CONNECTION WITH A SPORTS
P ARK COMPLEX AND A REQUEST FOR URBAN SERVICE AREA
EXPANSION TO ALLOW THE DEVELOPMENT OF THE SPORTS
COMPLEX FOR WHICH AN ENVIRONMENTAL IMP ACT REPORT AND
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT HAVE BEEN
PREPARED, AND ADOPTING MITIGATION MEASURES AND
STATEMENTS OF OVERRIDING CONSIDERATION AND APPROVING A
MITIGATION AND MONITORING PROGRAM FOR THE PROJECT.
PASSED AND ADOPTED this 18th 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.2002-18 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to adopt Resolution of the City Council of the City of Gilroy re-
approving USA 98-03 to include approximately 133.2 acres, APN's 808-31-008,
009,013,014,015,016,018,021,026,027,028,029,030, and 031, in the City's
Urban Service Area and applying to the Local Agency Formation Commission of
Santa Clara County for modification to the City's Urban Service Area.
RESOLUTION NO. 2002-18
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RE-
APPROVING USA 98-03 TO INCLUDE APPROXIMATELY 133.2 ACRES,
APN'S 808-31-008, 009, 013, 014, 015, 016, 018, 021, 026, 027, 028, 029, 030,
AND 031, IN THE CITY'S URBAN SERVICE AREA AND APPLYING TO
THE LOCAL AGENCY FORMATION COMMISSION OF SANTA CLARA
COUNTY FOR MODIFICATION TO THE CITY'S URBAN SERVICE AREA.
PASSED AND ADOPTED this 18th day of March, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Z 00-09
The Mayor noted an Ordinance of the City Council of the City of Gilroy
approving an application for a change in zoning designation from Al (Agricultural)
to Rl (Single Family Residential) and PF (Public Facilities) on approximately 6.5
acres, APN 790-08-011. Gilroy Unified School District, applicant, Z 00-09.
Motion was made by Councilman Gartman, seconded by Councilman Arellano
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 Morales, seconded by Councilman Gartman
and carried to introduce the Ordinance approving Z 00-09.
M 02-01
The Mayor noted a request to amend the Zoning Ordinance, RDO, to
incorporate a transitional housing policy. City of Gilroy, applicant, M 02-01.
CIB
Bonfante
Gardens
7875
In answer to a question, it was stated that the applicant is the City of Gilroy.
The staff report was noted and further explained by Planner II Durkin.
Nancy Johnson, 9320 Church Street, noted that she lives in the area of the
proposed Homeless Shelter. She stated her concern regarding the amount of
affordable housing in the north central area of Gilroy. She noted her concern
regarding the people going from the transitional center to the transitional
apartments. She stated that she hoped that the residents movements would be
supervised as they would be at the transitional center.
Tom Boe questioned whether these apartments can be built and excluded from
the RDO process, which the Planning Commission thought was a bad idea, but to
allow the operators of the apartments the flexibility to rent them to someone else.
He noted the need for the City to have a management mechanism in place to
control the apartment management.
Motion was made by Councilman Morales, seconded by Councilman Velasco
and carried to direct staff to prepare a Zoning Ordinance text amendment to
incorporate a transitional housing policy into the RDO.
The Mayor noted a request for approval of the 2002 Capital Improvement
Budget.
The staff memorandum was noted and further explained by the City
Administrator.
Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried to approve the 2002 Capital Improvement Budget.
The Mayor noted a request by Bonfante Gardens for an RDO allocation under
Gilroy Zoning Ordinance Section 50.63(c)(3).
Motion was made by Councilman Arellano, seconded by Councilman Gartman
and carried to continue the request for two weeks to April 1, 2002.
(At 8:22 p.m. Councilman Dillon left the Council Chambers, and returned at
8:24 p.m.)
Kurtt The Mayor noted a continued request for an appeal of a development condition
International by Kurtt International Trucks.
Trucks
Len Pugh
John
Ceballos
The staff report was noted and further explained by the City Administrator.
Motion was made by Councilman Morales, seconded by Councilman Gartman
and carried to direct staff to abolish the Utility Undergrounding Front Footage
Fee.
The Mayor noted a letter of resignation from Len Pugh, Arts and Culture
Commission member.
Motion was made by Councilman Gartman, seconded by Councilman Arellano
and carried to accept the resignation with regrets.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to reopen the application period.
The Mayor noted a letter of resignation from John Ceballos, Planning
Commission member.
Motion was made by Councilman Dillon, seconded by Councilman Gartman
and carried to accept the resignation with regrets.
7876
Plan. Com.
3-7-02
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to appoint Norm Thompson to the Planning Commission.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #8-2002 dated February 22,2002;
League of California Cities Priority Focus #9-2002 dated March 1,2002;
Email of Grassroots Bulletin # 1 - March, 2002;
League of California Cities Notice of Decision to Not Proceed with November
2002 Ballot Measure; and
League of California Cities Priority Focus #10-2002 dated March 8, 2002.
Customer Service:
Memorandum of thanks from Chief Giusiana to Officer Bentson, Public Safety
Communicator Carreiro and Public Safety Communicator Bruick for professional
and caring manner in responding to a call for service;
Note of thanks from Hugh Holden to Jay Baksa for the opportunity to work
with him in Gilroy;
Memorandum of appreciation from Chief Giusiana to Officer Crivello for his
professional conduct, diligent performance and exemplary productivity during the
annual Santa Clara County "Avoid the 13" campaign;
Memorandum of appreciation from Chief Giusiana to Community Service
Officer Castro for his efforts in the recovery of a stolen vehicle;
Email of thanks from Vivian Sanchez to Chris Rogers for installing a front
door buzzer at Chestnut Fire Station;
Email of thanks from Vivian Sanchez to Chris Rogers for fixing the toilet at
Chestnut Fire Station;
Email of thanks from Vivian Sanchez to Dave Jackson and Ryan Roaseau for
setting up the network Laser printer at Chestnut Fire Station; and
Memorandum of appreciation from Chief Giusiana to Explorer Robert
Aguilera for help in removing paint cans from the shed at the Neighborhood
Resource office.
Informational items:
Information from the Advisory Council of the Council on Aging;
Gilroy Economic Development Corporation minutes of February 8, 2002;
Gilroy Visitors Bureau Board of Directors minutes of February 12,2002;
Memorandum from Kristi Abrams, Traffic Engineer, regarding Monterey
Streetscape Lessons Learned Meeting; and
League of California Cities 2001 Annual Conference Resolutions Final Report.
The report of the Planning Commission meeting of March 7, 2002 was noted.
SCRWA
2-26-02
A& C Com.
2-12-02
Lib.Com.
2-13-02
P&RCom.
2-19-02
Sr.Adv.Bd.
2-11-02
Youth Com.
2-11-02
Monterey
Streetscape
7877
The minutes of the South County Regional Wastewater Authority meeting of
February 26,2002 were noted.
The minutes of the Arts and Culture Commission meeting of February 12,
2002 were noted.
The minutes of the Library Commission meeting of February 13, 2002 were
noted.
The minutes of the Parks & Recreation Commission meeting of February 19,
2002 were noted.
The minutes of the Gilroy Senior Advisory Board meeting of February 11,
2002 were noted.
The minutes of the Gilroy Youth Commission meeting of February 11,2002
were noted.
(At 8:35 p.m. Councilman Morales left the Council Chambers and returned at
8:37 p.m.)
The City Administrator noted a letter from Kristi Abrams, Traffic Engineer,
regarding the Monterey Streetscape.
Motion was made by Councilman Dillon, seconded by Councilman Gartman
and carried to appoint Councilmembers Arellano, Pinheiro, and Velasco to a
Council subcommittee regarding the Monterey Streetscape.
The City Administrator noted that the State Department of Industrial Relations
is putting on a workshop in Concord on April 4, 2002 regarding AB 975
(prevailing wage issue) and that staff will be attending. He noted the request to
put Council meetings on Channel 1610, and that the FCC has responded that this
can't be done, as it is an emergency channel only. He distributed information on
upcoming meetings.
Impact Fees The City Administrator gave an update on the Impact Fees issue and the
methodology as to how they are set up.
Bonfante
Gardens
The Council agreed to reschedule the RDO Special Meeting Public Hearing to
May 28,2002 at 6:30 p.m. They set June 10,2002 at 6:30 p.m. as a Special
Meeting to allocate the RDO units. They agreed to hold a study session on impact
fees on April 29, 2002 at 6:30 p.m.
The City Attorney commented that her office has determined that it would not
be a conflict of interest for a Councilmember to sit on the Bonfante Gardens Board
of Directors. She noted that if a salary was imposed of over $500.00 and if an
issue came before the City Council, then the member would have to disqualify
themselves due to a conflict of interest.
The Mayor noted that he received a letter regarding the CODE Committee.
He stated that Councilman Gartman is the member and Councilman Arellano is the
alternate member from the Council, but that the Arts & Culture Commission needs
to appoint a member. He stated that the Arts & Culture Commission may need to
have a special meeting to appoint someone.
Councilman Gartman extended kudos to the Community Services Department
for putting on a fantastic Kids Discover Arts program on Saturday. He noted the
VTA meetings that were held on Tuesday, remarking on the fantastic turnout and
comments regarding route modifications and services.
The Mayor noted the following meetings/events:
l
I 7878
I
Adjournment
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*Meeting will be televised on Channel 17
MARCH 2002
18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
26 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy - CANCELLED
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
22*Special City Council Meeting - 6:30 p.m., Gilroy City Council Chambers
23 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
29*Special City Council Meeting (RDO Public Hearing) - 6:30 p.m., Gilroy City
Council Chambers
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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
JUNE 2002
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 9: 13 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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/s/' RHONDA PELLIN, CMC
City Clerk