Minutes 2002/01/22
7843
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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