Minutes 2000/09/05
7598
Posting
Agenda
Roll Call
Vol. Award
Regular Meeting
September 5, 2000
Gilroy, California
The Mayor announced that the Council had adjourned from a Closed Session
regarding Public Employee Performance Evaluation-City Administrator, pursuant
to Government Code Section 54957 and that no action had been taken. He stated
that the closed session was continued to follow this meeting.
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the Agenda had been posted on August 30, 2000
at 1:29 p.m.
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano (arrived at
7:10 p.m.), Charles S. Morales, Al Pinheiro, Anthonye. Sudol III, Roland
Velasco, and Thomas W. Springer - 7:05 p.m.
The Mayor presented the Volunteer of the Month of August, 2000 award to
Rachel Beccera.
Proc.-Carlos M. The Mayor noted a proclamation for Mr. Carlos M. Martins Do Vale Cesar,
Martins Do which was previously presented.
Vale Cesar
Emp. Award The Mayor presented the Employee Award for the Month of August, 2000, to
Mike Terasaki, Police Officer, Police Department.
Proc.-Constitu- The Mayor presented a proclamation to Huldah Champion for Constitution
tion Week Week, September 17-23,2000. She invited everyone to come ring a bell on
Sunday, September 17, 2000 at 1:00 p.m. at Las Animas Veterans Park at Mantelli
and Wren at the flagpole.
Consent
Calendar
Minutes
Budget
Accept Impr.
Water Main
Replacement
Res. 2000-56
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Amos Brown stated that having a brother and sister on the Council is
unethical, and requested that this no longer be allowed. He also requested that the
Police Department badge be changed to a seven point star.
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried that the following items under the Consent Calendar be
approved, 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 of the Regular Council Meeting of August 7, 2000;
Budget Amendments/Transfers as recommended;
Accepted improvements, Pacific Underground Construction, Water Main
Replacement Project, Project No. 99-CDD-516;
Adopted Resolution No. 2000-56 to participate in the "Spare the Air City and
County" Campaign.
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RESOLUTION NO. 2000-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO
PARTICIPATE IN THE "SPARE THE AIR CITY AND COUNTY"
CAMPAIGN.
PASSED AND ADOPTED this 5th day of September, 2000, by the following
vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Prop.Imp.Agr. Approved Property Improvement Agreement No. 2000-31 and Improvement
No.2000-31 Plans, Tract No. 9254, APN 790-12-021, Greg Mussallem; and
G.Mussallem
Tract 9254
Res. 2000-57 Adopted Resolution No. 2000-57 amending the City of Gilroy Conflict of
Interest Code to add positions and change the titles of certain persons subject to
the Code.
RESOLUTION NO. 2000-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE CITY OF GILROY CONFLICT OF INTEREST CODE TO
ADD POSITIONS AND CHANGE THE TITLES OF CERTAIN PERSONS
SUBJECT TO THE CODE.
PASSED AND ADOPTED this 5th day of September, 2000, by the following
vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Planning Com. Cat Tucker, Chairperson of the Planning Commission, reviewed the activities
Report of the Planning Commission. She noted that most members attended the Planning
Commissioner's Institute. She commented that the Commissioners feel that they
need more training, specific to Gilroy. She noted that the members feel that the
RDO needs to be revised, and requested that the Planning Commission be involved
in any study session regarding updating the RDO. She stated that there is some
confusion as to which General Plan should be used when reviewing projects, the
current adopted General Plan or the draft General Plan, and requested clarification
as to which they should use. She noted that the Commission would like to be
involved in any study session regarding the draft General Plan. She commented
that last year there was a study session on the roles and responsibilities between
the Planning Commission and Council and questioned if this would be done again
this year. She noted a concern regarding whether there would be continued review
of ordinances as had been started last year. She stated that some commissioners
are concerned that the packets are not being delivered on time, explaining that they
need a full two weeks to review the information. She stated that they are happy
with the Planning staff She noted that the Planning Commission is hosting a social
gathering for the commissions on October 7 and invited the Council to attend.
Bid-Highway
152 and Golf
Course
Waterline
Project
The City Administrator presented a recommendation to award the bid for the
Highway 152 and Golf Course Waterline Project (project No. 00-CDD-521) to
Ranger Pipelines in the amount of $1 ,233,225.00.
Motion was made by Councilman Morales, seconded by Councilman Sudol and
carried to award the bid for the Highway 152 and Golf Course Waterline Project
(Project No. 00-CDD-521) to Ranger Pipelines in the amount of$1,233,225.00.
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Bid-Renz Lane The City Administrator presented a recommendation to award the bid for Renz
Sanitary Lane Sanitary Sewer Rehabilitation (Project No. 00-CDD-522) to Monterey
Sewer Rehab. Peninsula Engineers in the amount of $225,787.00.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to award the bid for Renz Lane Sanitary Sewer Rehabilitation (Project No.
00-CDD-522) to Monterey Peninsula Engineers in the amount of$225,787.00.
Ord. 2000-10 Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to adopt Ordinance No. 2000-10 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).
ORDINANCE NO. 2000-10
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).
PASSED AND ADOPTED this 5th day of September, 2000, by the following
vote;
AYES: COUNCILMEMBERS: G. ARELLANO, MORALES, PINHEIRO,
SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: P. ARELLANO
ABSENT: COUNCILMEMBERS: NONE
Res. 2000-58 Motion was made by Councilman Sudol, seconded by Councilman M and
carried to adopt Resolution No. 2000-58 approving AlS 00-07 (PUD), and
application for conceptual Architectural and Site approval of a Planned Unit
Development (PUD) for the development of a recreational vehicle park, two fast-
food restaurants, and truck/RV parking and repair on 18.95 acres, APN 841-14-
076. Howard Vierra, applicant.
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RESOLUTION NO. 2000-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AlS 00-07 (PUD), AND APPLICATION FOR CONCEPTUAL
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT
DEVELOPMENT (PUD) FOR THE DEVELOPMENT OF A RECREATIONAL
VEHICLE PARK, TWO FAST-FOOD RESTAURANTS, AND TRUCK/RV
PARKING AND REPAIR ON 18.95 ACRES, APN 841-14-076. HOWARD
VIERRA, APPLICANT.
PASSED AND ADOPTED this 5th day of September, 2000, by the following
vote;
AYES: COUNCILMEMBERS: MORALES, PINHEIRO, SUDOL,
VELASCO and SPRINGER
NOES: COUNCILMEMBERS: G. ARELLANO and P. ARELLANO
ABSENT: COUNCILMEMBERS: NONE
Ord.2000-11 Motion was made by Councilman Morales, seconded by Councilman Sudol and
carried to adopt Ordinance No. 2000-11 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.
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ORDINANCE NO. 2000-11
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.
PASSED AND ADOPTED this 5th day of September, 2000, by the following
vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Z 00-02
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 R1/R2,
Single Family/Two Family Residential, to R1/R2-PUD, Single Family/Two Family
Residential-Planned Unit Development, on approximately 1.68 acres, APN 841-
07-035. Alfonso Almeida, applicant, Z 00-02.
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 00-05
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 R1, Single
Family Residential, to R1-PUD, Single Family Residential-Planned Unit
Development, on approximately 9.78 acres, APN 790-04-070. Cotswold L.L.c.,
applicant, Z 00-05.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Sudol 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 Sudol and
carried to introduce the Ordinance amending the City of Gilroy Zoning Map.
Economic The Mayor noted a discussion for revisions to the Economic Incentive Policy.
Incentive Policy
The City Administrator reviewed the background and history of the Economic
Incentive Policy noting a provision that had been in the policy regarding spec
buildings for industrial properties, which seems to have been inadvertently left out,
and recommended that this be reinstated in the Economic Incentive Policy.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and carried to revise the Economic Incentive Policy to reinstate the
phrasing "For new buildings in existing industrial parks where full street
improvements exist, all City imposed impact fees can be deferred until the building
is occupied."
Guidelines 2000 The Mayor noted a request for support of Guidelines 2000, a proposal from
District Attorney George Kennedy's office that details a Certification Program for
County Adult Drug and Alcohol Residential Facilities.
Motion was made by Councilmember G. Arellano, seconded by Councilman P.
Arellano and carried to send a letter supporting the concept of formulating
guidelines regulating residential treatment facilities within neighborhoods.
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SB 1621
The Mayor noted a request to oppose SB 1621 (Alarcon) regarding restricting
the ability of cities and counties to establish an interim ordinance, or moratorium,
on multifamily housing development, as well as any ordinance that would affect the
construction of multifamily housing.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Sudol and carried to send a letter to Governor Gray Davis to veto SB 1621.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #7-2000 dated August 25, 2000.
Customer Service:
Letter of commendation from Dale Anderson to Officer G. Guerin for his
versatility in assisting with an emergency;
Letter of thanks from Sue Averett & Rebecca Hernandez to John Garcia for
his assistance with a recent "Safe Night 2000" event;
Letter of thanks from Rachel Munoz and Leonor Perez to the Gilroy Fire
Department participants for their participation at the 4th annual Neighborhood Fair
2000;
Letter of thanks from Shairon Williams, City of Morgan Hill, to Rhonda Pellin
for her assistance on an oral board;
Letter of appreciation from Jim Gailey to Cydney Casper for her assistance
with a planning project; and
Letter of thanks from Theresa Fuhs to Corporal Lara for assistance.
Information items:
Supervisory Recognition certificate for the Records Unit for timely completion
of their work assignments;
Gilroy Economic Development Corporation minutes of June 2, 2000;
Notice of Application by Pacific Gas and Electric Company for an Electric
Rate Increase Pursuant to the Attrition Rate Adjustment Mechanism;
Letter of thanks from Edward P. Sanchez to Mayor Springer for recognizing
the new citizens at the August 7, 2000 Council meeting;
Supervisory Recognition certificate for Mark Forry for going beyond in
assisting with the arrest of a wanted subject;
Memorandum of thanks from Pacific Gas and Electric Company to the City of
Gilroy for a recent voluntary electric curtailment;
Updated handout entitled "How to Get Information to City Council;"
Gilroy Economic Development Corporation minutes of August 11, 2000; and
Community Development Department - Planning Division monthly report of
long-range applications and status ofRDO allocation & activity dated August 22,
2000.
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Gang Task Force The minutes of the Gilroy Gang Task Force meeting of July 5, 2000 were
7-5-00 noted.
Sr.Adv.Bd.
7-17-00
SCRWA
7-11-00
The minutes of the Senior Advisory Board meeting of July 17, 2000 were
noted.
The minutes of the South County Regional Wastewater Authority meeting of
July 11, 2000 were noted.
The City Administrator distributed a timetable for construction of the library.
He distributed a schedule from Charter Communications regarding the rebuild of
their system. He distributed a memorandum regarding the Highway 152 project
schedule, noting that they are going through a Mello-Roos process. He
distributed a list of City funds and asked the Councilmembers to place it in the
front of their budget binders. He noted a study session next Monday regarding
fees, explaining that it will just be a presentation, and then it will be agendized for
discussion on September 18, 2000.
Bd./Com. The Mayor noted City Commission and Board Appointments effective
Appointments January I, 2001 to expire December 31, 2004.
Deborah K.
Murray
Motion was made by Councilmember G. Arellano, seconded by Councilman
Sudol and carried to set December 1,2000 at 5:00 p.m. as the deadline to receive
applications, to set December 11,2000 at 7:00 p.m. for candidate interviews, and
December 18, 2000 for appointments to be made.
The Mayor noted a letter from Deborah K. Murray resigning from the
Personnel Commission effective immediately.
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried to accept Deborah K. Murray's resignation with regrets.
Councilmember G. Arellano stated that she has looked into purchasing chairs
for the Councilmembers, and will have chairs to try out in two weeks.
Councilman Pinheiro requested the October 30,2000 study session be changed
to October 23, 2000 since he will be out oftown. It was the consensus of the
Council to change the date.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
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 - CANCELLED
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
26 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 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
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18 Ouarterly 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
23 Study Session - Economic Incentive Annual Review - 6:00 p.m., Gilroy
Senior Center Meeting Room (date change from 10-30-00)
23 Study Session - Design Standards for High Density Housing - 7:00 p.m.,
Gilroy Senior Center Meeting Room (date change from 10-30-00)
24 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
NOVEMBER 2000
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 Study Session - Affordability Housing Exemption - 7:00 p.m., Gilroy Senior
Center Meeting Room
14 SCRWAMeeting -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
Adjournment At 8: 18 p.m. the Mayor adjourned the meeting to a continued Closed Session
pursuant to Government Code Section 54957:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Administrator
At 8:34 p.m. the Mayor reconvened the meeting and announced that no action
had been taken in the Closed Session, and further adjourned the meeting at 8:35
p.m.
Respectfully submitted,
~
/s/ RHONDA P~
City Clerk