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Minutes 2002/01/07 New Board and Commission Members Andrea Habing, Arts and Culture Commission; Kai Lai, Parks and Recreation Commission; Toni Ferreira, Personnel Commission; and James Suner, Building Board of Appeals were not present for introduction. The Mayor introduced and the City Clerk swore in the following new Board and Commission members: Lael McCormack, Arts and Culture Commission Tony Fuentes, Library Commission Shawn Weymouth, Parks and Recreation Commission Russ Valiquette, Planning Commission Larry Kent, Building Board of Appeals Walter B. Schinke, Physically Challenged Board of Appeals Board/Com. Members New Employees The Mayor introduced new employees Douglas Remmick, Police Officer, Police Department and Marshall Silva, Public Works Maintenance I, Community Services Department. Under Orders of the Day, the Mayor announced that Councilman Gartman will recuse himself from Item VII.B. Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer - 7:00 p.m. Roll Call The City Clerk noted that the agenda had been posted on January 2, 2002 at 3:37 p.m. Posting Agenda Father Dan Derry, St. Mary's Catholic Church, gave the Invocation. Invocation The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting January 7, 2002 Gilroy, California 7838 Retired Board! The Mayor presented certificates to the following retired Board and Commission Commission members: Members Robert T. Dillon, Library Commission Lael McCormack, Parks and Recreation Commission Craig Gartman, Planning Commission Lael McCormack, Physically Challenged Board of Appeals The following retired Board and Commission members were not present to receive their certificate: Elizabeth Barratt, Arts and Culture Commission Alicia Bolleson, Parks and Recreation Commission Roxie Thomas, Personnel Commission 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. Consent Calendar Motion was made by Councilman Morales, seconded by Councilman Gartman 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 Meetings of December 3 and 17, 2001; Ord.2002-0 1 Adopted Ordinance No. 2002-01 amending Section 4.1 of Article I of, and adding Sections 4.35 and 4.36 to Article IV of, Chapter 4 of the Gilroy City Code, pertaining to animals and fowl. ORDINANCE NO. 2002-01 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 4.1 OF ARTICLE I OF, AND ADDING SECTIONS 4.35 AND 4.36 TO ARTICLE IV OF, CHAPTER 4 OF THE GILROY CITY CODE, PERTAINING TO ANIMALS AND FOWL. PASSED AND ADOPTED this 7th day of January, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Accept.Impr. Tract 9245 Accepted Improvements, Tract 9245, Canterbury Place LLC, Regis Homes; Res.2002-0 1 Adopted Resolution No. 2002-01 approving, authorizing and directing execution of an amended and restated Joint Exercise of Powers Agreement relating to the California Statewide Communities Development Authority. RESOLUTION NO. 2002-01 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY. PASSED AND ADOPTED this 7th day of January, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2002-02 Adopted Resolution No. 2002-02 establishing stop control at the intersection of Gurries Drive and Hanna Street in the City of Gilroy pursuant to Section 15.40 of the City Code. 7839 RESOLUTION NO. 2002-02 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING STOP CONTROL AT THE INTERSECTION OF GURRIES DRIVE AND HANNA STREET IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE. PASSED AND ADOPTED this 7th day of January, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE MOU-AFSCME Approved the AFSCME General Unit Memorandum of Understanding; General Unit MOU-AFSCME Approved the AFSCME Supervisory Unit Memorandum of Understanding; Superv._Unit Res.2002-03 Adopted Resolution No. 2002-03 establishing the salary schedules for the AFSCME, General Unit Employees for the time period January 1,2002 - June 30, 2005. RESOLUTION NO. 2002-03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY EST ABLISHING THE SALARY SCHEDULES FOR THE AFSCME, GENERAL UNIT EMPLOYEES FOR THE TIME PERIOD JANUARY 1,2002 - JUNE 30, 2005. PASSED AND ADOPTED this 7th day of January, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res. 2002-04 Adopted Resolution No. 2002-04 establishing the salary schedules for the AFSCME, Supervisory Unit Employees for the time period January 1,2002 - June 30,2005. RESOLUTION NO. 2002-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY EST ABLISHING THE SALARY SCHEDULES FOR THE AFSCME, SUPERVISORY UNIT EMPLOYEES FOR THE TIME PERIOD JANUARY 1, 2002 - JUNE 30, 2005. PASSED AND ADOPTED this 7th day of January, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2002-05 Adopted Resolution No. 2002-05 approving, authorizing and directing execution of an agreement between Union Pacific Railroad Company and the City of Gilroy relating to the improvements to the grade crossing of Luchessa Avenue and the Railroad's Coast Subdivision Spur Line. RESOLUTION NO. 2002-05 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT BETWEEN UNION PACIFIC RAILROAD COMPANY AND THE CITY OF GILROY RELATING TO THE IMPROVEMENTS TO THE GRADEsCROSSING OF LUCHESSA AVENUE AND THE RAILROAD'S COAST SUBDIVISION SPUR LINE. 7840 PASSED AND ADOPTED this 7th day of January, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE P&RCom. Report Sheri Stuart, Parks and Recreation Commission Chairperson, noted that the RFQ (Request for Quote) for an architect for the Cultural Facility would be going out next month. She noted that there are six master plans underway that staff and the Commission are working on. She stated that the Community Services Department received a $20,000 grant and are providing an after school program at the Ochoa Center. In answer to a question, she reviewed the mentoring of the Youth Commission by the Parks and Recreation Commission. Pub. Hearing Z 01-11 The Mayor stated it was the time and place for a Public Hearing on a text change to the City of Gilroy Zoning Ordinance, specifically Section 50.60 Residential Development, Z 01-11, City of Gilroy, applicant. The staff report was noted and further explained by the City Administrator and City Attorney Callon. The Mayor opened the Public Hearing. There being no comment from the audience, the Mayor closed the Public Hearing. Motion was made by Councilman Gartman, seconded by Councilman Dillon and carried to read 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 Gartman, seconded by Councilman Velasco and carried to introduce the Ordinance amending Section 50.60 of the City of Gilroy Zoning Ordinance. Reasonable The Mayor noted an Ordinance of the City of Gilroy adopting Gilroy Zoning Accommoda- Ordinance Section 50.23 entitled ''Reasonable Accommodation." tion Z 01-06 Motion was made by Councilman Dillon, seconded by Councilman Gartman 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 Arellano, seconded by Councilman Morales and carried to introduce Ordinance adopting Gilroy Zoning Ordinance Section 50.23 entitled "Reasonable Accommodation." TM 00-04 The Mayor noted a Resolution of the City Council of the City of Gilroy approving TM 00-04, a Tentative Map to subdivide an approximately 4.81 acre site into 12 residential lots located south of Sunrise Drive, west of Santa Teresa Boulevard, APN 783-20-044, Pinn Brothers, applicant. Councilman Gartman recused himself from discussion and vote on this issue due to the proximity of his residence to this project, and stepped down from the dais. Res.2002-06 Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to adopt Resolution No. 2002-06 approving TM 00-04. RESOLUTION NO. 2002-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 00-04, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 4.81 ACRE SITE INTO 12 RESIDENTIAL LOTS LOCATED SOUTH OF SUNRISE DRIVE, WEST OF SANTA TERESA BOULEVARD, APN 783-20-044, PINN BROTHERS, APPLICANT. Z 01-05 Z 01-08 P AB Member for Express- way Study 7841 PASSED AND ADOPTED this 7th day of January, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: GARTMAN Councilman Gartman returned to his seat at the dais. 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 RH (Residential Hillside) on approximately 3.19 acres, APN 810-23-009, Kenneth and Shirley Thomas, applicants, Z 01-05. Motion was made by Councilman Dillon, seconded by Councilman Gartman and carried to read 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 Gartman, seconded by Councilman Morales and carried to introduce the Ordinance approving Z 01-05. The Mayor noted an Ordinance of the City of Gilroy amending Gilroy Zoning Ordinance Section 34.43 entitled "Wire Mesh Fences" and Section 34.23 entitled "Swimming Pools." Motion was made by Councilman Gartman, seconded by Councilman Dillon and carried to read 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 Arellano, seconded by Councilman Gartman and carried to introduce Ordinance approving Z 01-08. The Mayor noted a request by Santa Clara County to appoint one Councilmember to serve as a member and one Councilmember to serve as an alternate on the Policy Advisory Board (P AB) for the Comprehensive County Expressway Planning Study. Motion was made by Councilman Pinheiro, seconded by Councilman Velasco and carried to appoint Mayor Springer as the member and Councilman Gartman as the alternate to the Policy Advisory Board (PAB) for the Comprehensive County Expressway Planning Study. The following informational items were noted with no separate discussion on same: Customer Service: Note of appreciation from Lisa Mendoza, Summer Hill Homes, to Al Signorotti for his assistance; and Memorandum of appreciation from Lisa Jensema to Tina Kekaha, Angie Rubio, Phylis Reese, Theresa Hernandez, Judi Brem and Lynne Conrotto for their assistance while she was on maternity leave. Informational items: Letter of thanks from Gillian Moran, Santa Clara County Cities Association to Mayor Springer for his contribution of two cases of wine for their annual Holiday party and for arranging a visit from the Gilroy High School Chamber Singers; Letter ofthanks from Mayor Springer to Skip Spering, Cotswold LLC, for his generous donation of $1,000.00 to benefit the Youth Commission; and Article from the Gilroy Dispatch entitled ''Mujeras Puedan delivers plenty of cool presents". 7842 A& C Com. 11-13-01 The minutes of the Arts and Culture Commission meeting of November 13, 2001 were noted. Gang Task Force The minutes of the Gilroy Gang Task Force meeting of November 13, 2001 11-13-01 were noted. Library Com. 11-14-01 P & R Com. 11-20-01 Sr.Adv.Bd. 11-19-01 Youth Com. 11-19-01 Charter Com. Prop. 42 The minutes of the Library Commission meeting of November 14,2001 were noted. The minutes of the Parks & Recreation Commission meeting of November 20, 2001 were noted. The minutes ofthe Senior Advisory Board meeting of November 19,2001 were noted. The minutes of the Gilroy Youth Commission meeting of November 19,2001 were noted. The Mayor noted a request by Charter Communications for franchise modification. Council agreed to set a workshop for Monday, January 14,2002 at 7:00 p.m. in the Senior Center Meeting Room to discuss Charter's request for franchise modification. They also set a closed session at 6:00 p.m. January 14,2002 in the City Hall Administration Conference Room to discuss this issue. The City Administrator noted the make-up of the 15 member Cultural Facilities Task Force. He distributed a draft agenda for the Council retreat. Consensus of the Council was to have dinner on January 18,2002 at the Harvest Time Restaurant at 5:30 p.m. The City Administrator updated the Council on the issuance of Certificates of Participation for financing the fire and police stations, noting that the report looks favorable, and that he will agendize the issue soon. He noted that staff is reviewing the four responses to the RFQ for preparation of a Redevelopment Plan and formation of the District. He noted that he hopes to agendize it for February, but will give an update at the Retreat. The City Attorney noted that the Gang Task Force is attempting to purchase the Youth Center land and building from PG&E. She noted that her firm is working to close the deal in two months, otherwise they will have to go back to the PUC. The Mayor noted a request to support Proposition 42, the Transportation Congestion Improvement Act, on the March 5, 2002 statewide ballot. Motion was made by Councilman Arellano, seconded by Councilman Morales and carried to send a letter in support of Proposition 42. The Mayor stated that he hoped that the New Year is better for all of us than the end of the last year was. Councilman Arellano stated that hopefully the citizens had a great new year, and requested that they bring input to the Council. Councilman Morales noted that he will update the Council on the League of California resolutions at the retreat. Councilman Pinheiro noted that he has asked the City Clerk to make copies for all the Councilmembers of the information that he received from the League conference. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 Adjournment 7843 JANUARY 2002 7 Study Session-Presentation of Paramedic Issue - 6:00 p.m., City Council Chambers 7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 14 Study Session-Charter Communications - (Time and location to be determined) 18 Annual Retreat - 8:00 a.m. to 4:00 p.m. (dinner to be held at 6:00 p.m. - location to be determined), Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California 19 Annual Retreat - 9:00 a.m. to 2:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California 22 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 22*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 28 Joint Council/Planning Commission Study Session - Review of the RDO- 7:00 p.m., Location To Be Determined 29 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, California FEBRUARY 2002 4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 11 *Joint Council/Planning Commission Study Session - Review the 2003 cm - 7:00 p.m., Gilroy City Council Chambers 12 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 19*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy MARCH 2002 4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 12 SCRW A Meeting - 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 At 7:50 p.m. the Mayor adjourned the meeting. Res,ctfullY submitted, / ' ) . . / I \, / J' ~~/\/ LI}Cc.-( A., '. co//'.. Cl/- Is/ RHONDA PELLIN City Clerk