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Minutes 2002/01/22 7843 - -'~',."., """",...""-_","..""~~_.=...-=-""",,.,,,.,.-,.~ ~. ':',-., ,,~,'''''''''''''-',",o'' ~..-_.,-.,,,,,.,,.-..,,,~,~,,,,,,,""",,,,,,,.,,,,, ,-.,>o..>;-..-:"""'",.~.,,.. ,,,,>-"~,,,_,,,_""",,,,'''''q'''''''''''',,,,,,,,,,.,,,.,..,,,,,",,,,,,,,,,,,,,,.,,,=..._,,~..._'' . '""=._," F" ..,-.~" """.P"',.' -.,., '," '_0"=_'.' .......".,,__.~~~.'______._.~_,," ,. """""~".v_'_"_"'~""',",." <~_ _ ._.. ,,~_'-m Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, and Thomas W. Springer; Absent: Councilmember Roland Velasco (ill) - 7:01 p.m. The City Clerk noted that the agenda had been posted on January 16, 2002 at 1:23 p.m. Pastor Malcolm MacPhail, New Hope Community Church, gave the Invocation. The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting January 22, 2002 Gilroy, California Roll Call Posting Agenda Invocation 7844 Under Orders of the Day, the Mayor announced that Item VII.A. would be continued for two weeks and that Item VIII.A. would be heard following Item VI.B. He also announced that he is adding a special proclamation for Pastor Malcolm MacPhail to the agenda. Proc.-Malcolm The Mayor presented Malcolm MacPhail with a proclamation proclaiming MacPhail Sunday, January 20,2002 as Malcolm MacPhail Celebrate Life Day. Proc.-Children's The Mayor presented a proclamation for a Children's Hospital in Silicon Valley Hospital to Mike Dodd. Emp. Award Group/Team Award V 01. Award The Mayor presented the Employee Award for the Month of January, 2002 to Martin Quiroz, Information Technology Manager, Administrative Services Department. The Mayor presented the Group/Team of the Month of January, 2002 to Martin Quiroz, Patricia Pretell and Carmen Medrano. The Mayor presented the Volunteer of the Month of January, 2002 to Casey Grogan. South County The Mayor noted a presentation and update by the South County Community Collaborative Collaborative on their activities, presented by Annie Tomasello and the chairs of several of the sub-committees. Consent Calendar Minutes Budget Carnival Ord.2002-2 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. Motion was made by Councilman Dillon, 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, and Thomas W. Springer; Absent: Councilmember Roland Velasco: Minutes of the Regular Council Meeting of January 7,2002; Budget Amendments/Transfers as recommended; Carnival by the Rebekah Children's Services to be held at South Valley School of Science and Global Studies, 285 IOOF Avenue, Gilroy; Adopted Ordinance No. 2002-2 adopting Gilroy Zoning Ordinance Section 50.23 entitled "Reasonable Accommodation", Z 01-06; ORDINANCE NO. 2002-2 AN ORDINANCE OF THE CITY OF GILROY ADOPTING GILROY ZONING ORDINANCE SECTION 50.23 ENTITLED "REASONABLE ACCOMMODATION", Z 01-06. PASSED AND ADOPTED this 22nd day of January, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO Ord.2002-3 Adopted Ordinance No. 2002-3 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; 7845, ORDINANCE NO. 2002-3 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. PASSED AND ADOPTED this 22nd day of January, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO Ord.2002-4 Adopted Ordinance No. 2002-4 amending Gilroy Zoning Ordinance Section 34.43 entitled "Wire Mesh Fences" and Section 34.23 entitled "Swimming Pools", Z 01-08; ORDINANCE NO. 2002-4 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", Z 01-08. PASSED AND ADOPTED this 22nd day of January, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO Claims Denied claims of Rosemarie Calabro, Ezequiel Contreras, Explorer Insurance Co. for Dennis McCrary, and Dave Weber; Res.2002-7 Adopted Resolution No. 2002-7 ordering Judicial Foreclosure of delinquent special assessment installments pursuant to the Improvement Bond Act of 1915 and the Refunding Act of 1984 for 1915 Improvement Act Bonds; RESOLUTION NO. 2002-7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL ASSESSMENT INSTALLMENTS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 AND THE REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS. PASSED AND ADOPTED this 22nd day of January, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO Surplus Equipment Declared equipment as surplus to include portable radios and radio chargers, surplus equipment and vehicles, and computer equipment; and Mooretown Rancheria Approved donating surplus portable radios and radio chargers to the Mooretown Rancheria Volunteer Fire Department. Bid-Public Safety Radio System The City Administrator presented a recommendation to enter into negotiations with Durham Communications for Enhancing the Police Department Public Safety Radio System. Public Safety Communicator Supervisor Y nzunza reviewed the proposed improvements to the system. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried (Councilman Velasco absent) to enter into negotiations with Durham Communications for Enhancing the Police Department Public Safety Radio System. 7846 Bid-Skateboard The City Administrator presented a recommendation to award the bid for Fence Skateboard Fence Improvements at Las Animas Veterans Park, Project No. 01- CDD-534 to Golden Bay Construction, Inc. in the amount of $104,982.00. (At 7:53 p.m. Councilman Pinheiro left the Council Chambers, and returned at 7:55 p.m.) Facilities & Parks Development Manager Headley reviewed the proposed fencing improvements for the skateboard park. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried (Councilmembers Gartman and Springer voting no and Councilman Velasco absent) to award the bid for Skateboard Fence Improvements at Las Animas Veterans Park, Project No. 01-CDD-534 to Golden Bay Construction, Inc. in the amount of$104,982.00. Bid-Mobile Data The City Administrator presented a recommendation to award the bid for Terminals Mobile Data Terminals, Gilroy Police Department CAD/RMS Project, to Data 911 in the amount of$253,209.04. Captain Smithee reviewed the request, explaining that it is a system rather than terminals as stated on the agenda. (At 8: 18 p.m. Councilman Dillon left the Council Chambers, and returned at 8:20 p.m.) Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Velasco absent) to award the bid for Mobile Data Terminals, Gilroy Police Department CAD/RMS Project, to Data 911 in the amount of $253,209.04. At 8:32 p.m. the Mayor called for a recess, after which he recalled the meeting to order. Pub. Hearing Z 01-02 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 R 1 (Single Family Residential) to RI-PUD (Single Family Residential-Planned Unit Development), on property located on Kern Avenue, north ofCulp Drive. Syncon Homes of California, applicant, Z 01-02. The staff report was noted for applications Z 01-02, TM 00-09, and AlS 01-16 and further explained by Planner II Durkin. The Mayor opened the Public Hearing. Brian Hanly, Syncon Homes, gave the Council some background on the project, and answered questioned posed by Councilmembers. Greg Foster, homeowner #12, noted that he agreed with either street plan, due to the proposed elimination of the two parking spaces to the north of his property if the street is placed on the south side of the project. Octavio Hurtado, Hanna & Brunetti, stated that there is 18" along the fence that is available for planting. He stated that placing the road on the southern side would work better than placement on the north side. The Mayor closed the Public Hearing. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried (Councilman Velasco absent) to direct staff to prepare an ordinance approving Z 01-02. 7847 Pub. Hearing TM 00-09 The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Tentative Map request to subdivide approximately 1 :l:: acre of land to create 6 single family residential lots on property zoned Rl (Single Family Residential) located at 8810 Kern Avenue. Syncon Homes of California, applicant, TM 00-09. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried (Councilman Velasco absent) to direct staff to prepare a resolution approving TM 00-09, with the street on the south side and the elimination of two parking stalls at the southeast corner of the project. The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. A/S 01-16 Syncon Homes The Mayor noted a PUD Architectural & Site review request for the construction of six single family homes, on property zoned Rl (Single Family Residential), Syncon Homes of California, applicant, A/S 01-16. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried (Councilman Velasco absent) to direct staff to prepare a resolution approving A/S 01-16, with additional conditions to 1) require an 18" strip of planting along the fence on the south side of the project, 2) to require a minimum of six pedestrian-style interior lighting lantern-style standards within the project, and 3) require the homes to have a 2' staggered setback from the street, which was deleted and replaced by 3) mature landscaping shall be required on the east side of Kern Avenue. (At 9:41 p.m. Councilman Dillon left the Council Chambers, and returned at 9:44 p.m.) The Mayor returned to the regular order of the agenda. (At 9:45 p.m. Councilman Arellano left the Council Chambers, and returned at 9:47 p.m.) Pub.Hearing The Mayor stated it was the time and place scheduled for a Public Hearing to Garbage Liens consider placement ofliens for non-payment of charges for the collection of garbage, rubbish and refuse in the City of Gilroy. The staff report was noted and further explained by Administrative Services Director Dorn. He distributed a current version of those outstanding liens. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Res.2002-8 Motion was made by Councilman Pinheiro, seconded by Councilman Gartman and carried to adopt Resolution No. 2002-8 for placement ofliens for non- payment of charges for the collection of garbage, rubbish and refuse in the City of Gilroy. RESOLUTION NO. 2002-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGARDING THE IMPOSITION OF A SPECIAL ASSESSMENT LIEN THE COSTS OF DELINQUENT GARBAGE COLLECTION SERVICES FOR CERT AIN PROPERTIES LOCATED IN GILROY, CALIFORNIA. PASSED AND ADOPTED this 22nd day of January, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO 7848 Ord.2002-5 The Mayor noted an Ordinance of the City of Gilroy amending Gilroy Zoning Ordinance Section 50.63 entitled "Annual Numerical Limits", Z 01-11. Prop.40 Children & Family First The Mayor noted that this has been continued for two weeks at the request of Michael Bonfante. The Mayor noted a request from Cruz Bustamante, Lieutenant Governor, and Senator Richard Polanco for support of Proposition 40 which will help clean California's air and water and provide funding to improve neighborhood parks and nature conservancies. Motion was made by Councilman Arellano, seconded by Councilman Morales and carried ( Councilman Velasco absent) to send a letter of support for Proposition 40. The Mayor noted a request for a letter of support for the funding opportunities from Santa Clara County Children & Families First Commission, and to appoint a Councilmember to the School Readiness Steering Committee of the Gilroy Unified School District. Motion was made by Councilman Morales, seconded by Councilman Pinheiro and carried to send a letter of support for the funding opportunities from Santa Clara County Children & Families First Commission. Motion was made by Councilman Pinheiro, seconded by Councilman Gartman and carried ( Councilman Velasco absent) to appoint Councilman Morales to the School Readiness Steering Committee of the Gilroy Unified School District, with Councilman Arellano as the alternate. The Mayor noted Item IXB.2.b. and the excellent customer service of Vivian Sanchez. He commented on Item IXB.2.c. and the Police Department's professionalism in dealing with an emergency call. He noted Item IXB. 7. and commended City Clerk Pellin on earning the designation of Certified Municipal Clerk. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Priority Focus #1-2002 dated January 4,2002. Customer Service: Email of thanks from Rachel Munoz to Frank Comin and staff for repairing her unit's vehicle quickly and efficiently; Email noting the excellent customer service of Vivian Sanchez for befriending two stray dogs and contacting their owner and reuniting them; Memorandum of commendation from Chief Giusiana to Officers Morrow, Hollar, and Lockepaddon and Public Safety Communicator Carreiro for their diligence and professionalism in dealing with an emergency call; and Email of thanks from Marilyn Guerin and Rosanna Pellin to Alan Low and Don Nunes for their help in reorganizing the front desk area. Informational items: City of Gilroy Investment Report dated November, 2001; Gilroy Economic Development Corporation minutes of December 7,2001; Gilroy Visitors Bureau Board of Directors minutes of December 11,2001; Plan. Com. 12-13-01 Plan. Com. 1-3-02 7849 Information from the Advisory Council of the Council on Aging; and Letter from the International Institute of Municipal Clerks to Jay Baksa announcing that Rhonda Pellin has earned the designation of Certified Municipal Clerk. The minutes of the Planning Commission meeting of December 13,2001 were noted. The report of the Planning Commission meeting of January 3,2002 was noted. Personnel Com. The minutes of the Personnel Commission meeting of December 10,2001 were 12-10-01 noted. SCRW A 12-4-01 The minutes of the South County Regional Wastewater Authority meeting of December 4,2001 were noted. The City Administrator stated that he will prepare a work plan for next year from the retreat priorities. The City Attorney noted that she wanted to follow-up on Pastor MacPhail's comments earlier in the meeting, noting that she is the President of the Leukemia Lymphoma Society for the Northern California Division. She noted that Pastor MacPhail is the "poster boy" and featured speaker at the kick-off of the Team-In- Training for the entire South Bay Area for those people raising money for the Society. She also noted that the Rotary Club sponsors bone marrow drives for anyone that is interested. The Mayor echoed and agreed with everything that the City Attorney said, and encouraged people to look into the Donor Program. Councilman Dillon stated that he has been on the marrow donor program for about 8 years, and that Councilman Morales joined at his insistence. Councilman Morales stated that he echoed Councilman Dillon's comments. He also noted a letter from the Santa Clara County Office of Human Relations denouncing hate crimes. The Mayor asked if we could get more posters. Councilman Arellano echoed Councilman Morales' comments on the posters. He stated that we need to set an example for zero tolerance. He asked for support for those citizens raising money for issues. He challenged the Councilmembers to form a bicycle team and do a 100 mile bike ride to raise money. Councilman Pinheiro stated that he agreed with what has been said. Councilman Gartman also agreed with the comments stated. He noted the March 5th primary election, and stated that citizens have a week and a half to get registered. The Mayor stated that actually citizens have until February 19, 2002. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 JANUARY 2002 22 Closed Session - Employee Appointment - 6: 15 p.m., Gilroy City Council Chambers 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., Senior Center Main Hall 29 Quarterly 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 7850 Adjournment 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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 19*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 25 Workshop for Councilmembers/Boardmembers/Commission Members on the Brown Act. Conflict ofInterest. and Meeting Procedure - 7:00 p.m., City Council Chambers 26 SCRWA 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 SCRWA 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 APRIL 2002 1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 9 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 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 At 10: 13 p.m. the Mayor adjourned the meeting. ResP)tfullY submitted, ~Al J '- . '- . t--Ij( d. A tJ J~j {.Ii .j' /s/ ' RHONDA PELLIN, CMC City Clerk