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Minutes 2002/08/05 L The Mayor presented the Employee Award for the Month of July, 2002 to Carla Ruigh, Operations Services Manager, Community Services Department. The Mayor presented certificates to retired Youth Commission members Kelly Barham, Lauren Brown, Stephanie Kugler, and Michael Shackel. Not present to accept their certificates were Kathryne Bevilacqua, Juan Birrueta, Joshua Flores, Ben Fohner, and Joy Franco, The Mayor introduced new Youth Commission members Carly Apuzzo, Lauren Bevilacqua, Sidney Caldwell, Allan Chan, Marliz Copado, and Terence Hofstad. Not present for introduction were Victoria Barnett, David Bress, and J ennessa L. Locklin. Emp. Award Youth Com. Certificates Youth Com. New Employee The Mayor introduced new employee Virginia Hernandez, Police Records Tech I, Police Department. Present: Councilmembers: Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, and Thomas W. Springer - 6:00 p.m. Peter D. Arellano - 6:07 p.m., Roland Velasco - 6:50 p.m. Deputy City Clerk Kyle noted that the agenda had been posted on July 31, 2002 at 9:55 a.m. Pastor Thomas Sorrentino, South Valley Community Church, was not present. The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting August 5, 2002 Gilroy California 7947 Roll Call Posting Agenda Invocation 7948 Vol. Award The Mayor presented the Volunteer of the Month of July, 2002 award to Charlotte Noriega. Councilman Morales left the dias at 6:27 p.m. and returned at 6:28 p.m. Charter Com. The Mayor noted an update by Dan McGough on the Charter Communications upgrade. The Mayor added two items to the agenda. VT A accepted an award for the Gilroy CalTrain Transit Center. Agendize for the September 3, 2002 meeting, Gary Bowe of the Gilroy Rotary received statewide recognition for leading the Bone Marrow Drive Program. 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. City Attorney Callon entered at 6:37 p.m. Consent Calendar Motion was made by Councilman Morales, seconded by Councilman Dillon, 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. Noes: none. Absent: Roland Velasco. Minutes Minutes of the Regular Council Meeting of July 15,2002; Ord.2002-12 Adopted Ordinance No. 2002-12 Fixing Amount of Revenue from Property Taxes Necessary to Pay Bonded or other Indebtedness of the City for 2002-2003; ORDINANCE NO. 2002-12 ORDINANCE FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO PAY BONDED OR OTHER INDEBTEDNESS OF THE CITY FOR 2002-2003. PASSED AND ADOPTED this 5th day of August, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO Ord.2002-13 Adopted Ordinance No. 2002-13 Fixing Ad Valorem Assessment for 2002- 2003 - Parking District NO.1 - First Division; ORDINANCE NO. 2002-13 ORDINANCE FIXING AD VALOREM ASSESSMENT FOR 2002-2003 - PARKING DISTRICT NO.1 - FIRST DIVISION. PASSED AND ADOPTED this 5th day of August, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO Ord.2002-14 Adopted Ordinance No. 2002-14 adding Article VII, commencing with Section 21.150, to Chapter 21 of Gilroy City Code to authorize the imposition of Development Impact Fees to fund library construction; 7949 ORDINANCE NO. 2002-14 AN ORDINANCE ADDING ARTICLE VII, COMMENCING WITH SECTION 21.150, TO CHAPTER 21 OF GILROY CITY CODE TO AUTHORIZE THE IMPOSITION OF DEVELOPMENT IMPACT FEES TO FUND LIBRARY CONSTRUCTION. PASSED AND ADOPTED this 5th day of August, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO Res. 2002-59 Adopted Resolution No. 2002-59 approving the application for grant funds California Department of Conservation's California Farmland Conservancy Program for the Land Trust for Santa Clara County; Parcel Map Tract 9121 Parcel Map Tract 9292 Accept Imrp. Monterey Streetscape Budget RESOLUTION NO. 2002-59 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICATION FOR GRANT FUNDS CALIFORNIA DEPARTMENT OF CONSERVATION'S CALIFORNIA FARMLAND CONSERVANCY PROGRAM FOR THE LAND TRUST FOR SANTA CLARA COUNTY. PASSED AND ADOPTED this 5th day of August, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO Approved Parcel Map, Parcels A, B, C, & D, subdivision of remainder lots, Tract 9121, Lawrence Park, Wren Avenue, Custom One, Inc.; Approved Parcel Map, Lots 1 and 2 (formerly Lot 31), Tract 9292; Accepted improvements, Monterey Streetscape Improvement Project, Project NO.00-CDD-524. Approved Budget Amendments/Transfers as recommended; Prop.Impr.Agr. Approved Property Improvement Agreement No. 2002-29, Tract Map 9270 2002-29 and Improvement Plans, Ronan & Taos Way, AP.N. 790-16-048, Sherrel Kirk. Tract 9270 Accept Imrp. Tract 9286 Res. 2002-60 Accepted Improvements, Tract 9286, Summerhill, Phase I, at Eagle Ridge, Summerhill Gilroy, LLC. Adopted Resolution No. 2002-60 authorizing the destruction of old records no longer required and repealing Resolution No. 77-39, which previously authorized the destruction of City records; RESOLUTION NO. 2002-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE DESTRUCTION OF OLD RECORDS NO LONGER REQUIRED AND REPEALING RESOLUTION NO. 77-39, WHICH PREVIOUSLY AUTHORIZED THE DESTRUCTION OF CITY RECORDS. PASSED AND ADOPTED this 5th day of August, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO 7950 Parcel Map Tract 9122 Res. 2002-61 Approved Parcel Map, Subdivision of Parcel A and Resubdivision of Lots 2-12 of Tract 9122, Hidalgo, Inc.; and Adopted Resolution No. 2002-61 establishing procedures and setting fees for the processing of Development Agreements pursuant to California Government Code Sections 65864-65869.5. RESOLUTION NO. 2002-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY EST ABLISHING PROCEDURES AND SETTING FEES FOR THE PROCESSING OF DEVELOPMENT AGREEMENTS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65864-65869.5. PASSED AND ADOPTED this 5th day of August, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO Bid-Dev.Impact The City Administrator presented a recommendation to award the bid for a Fee Nexus Consultant to prepare a Development Impact Fee Nexus Study, Project No. Study 03-RFP-CDD-300, to MuniFinancial of Oakland in the amount of$44,000.00. Bid-PD Site Demolition Pub.Hearing TM 02-02 Pub.Hearing Z 02-07 Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to award the bid for a Consultant to prepare a Development Impact Fee Nexus Study, Project No. 03-RFP-CDD-300, to MuniFinancial of Oakland in the amount of $44,000.00. The City Administrator presented a recommendation to award the bid for the Gilroy Police Facility Site Demolition, Project No. 03-CDD-I0l, to Buccaneer Demolition in the amount of$160,824.00. Motion was made by Councilman Dillon, seconded by Councilman Morales, and carried to award the bid for the Gilroy Police Facility Site Demolition, Project No. 03-CDD-I0l, to Buccaneer Demolition in the amount of$160,824.00. The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Tentative Map request to subdivide 35 acres of hillside area into 39 residential hillside lots, on property zoned RH (Residential Hillside), located between Mantelli Drive and Valley Oaks Drive. Mantelli Trust, applicant, TM 02- 02. The staff report was noted. 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 to direct staff to prepare a resolution approving TM 02-02. The Mayor stated it was the time and place scheduled for a Public Hearing on a Zone Change request from Rl (Single Family Residential) to PF-PUD (ParklPublic Facility-Planned Unit Development), on property located at 880 Sunrise Drive. City of Gilroy, applicant, Z 02-07. The staff report was noted and further explained by Planner Durkin. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Pub. Hearing Z 02-08 Pub. Hearing TM 02-05 7951 Motion was made by Councilman Morales, seconded by Councilman Dillon, 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 Morales, seconded by Councilman Dillon, and carried to direct staff to prepare an ordinance approving Z 02-07. The Mayor stated it was the time and place scheduled for a Public Hearing on a Prezone request to PF-PUD (ParklPublic Facility) for the City Sports Park, on property located on Monterey Street, south ofLuchessa Avenue. City of Gilroy, applicant, Z 02-08. The staff report was noted and further explained by Planner Casper. Councilman Velasco entered at 6:50 p.m. The Mayor opened the Public Hearing. Lee Weider, Access Land Development, representing the BarberiIBlocher families, requested a continuance and stated reasons why. Councilman Morales left the dias at 7:04 p.m. and returned at 7:05 p.m. Michael McDermot, 6415 Monterey Road, also requested a continuance and stated his support for the sports park. Frank Caliri spoke about the prezone and passed out a letter from Bob Lynch Ford. Jim Blocher spoke about the prezone, passed out information and asked for a continuance. Councilman Dillon left the dias at 7: 15 p.m. and returned at 7: 16 p.m. Motion was made by Councilman Arellano, there was no second and the motion failed. Councilman Arellano made a statement for the record saying this park is for the kids, he sympathizes with the property owners, but the City needs to make a decision on who is more important. The Mayor closed the public hearing. Motion was made by Councilman Arellano, seconded by Mayor Springer, doing so with the understanding that the parcels are contiguous to the City), and the motion failed. Motion was made by Councilman Morales, seconded by Councilman Velasco and carried to continue Z 02-08 to the September 3, 2002 City Council meeting. The City Council took a break at 7:54 p.m. and returned at 8:04 p.m. The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request for a thirteen lot subdivision, on property zoned RI-R3- PUD, located on Church Street, north of Farrell Avenue. South County Housing, applicant, TM 02-05. The staff report was noted and further explained by Planner Durkin. Councilman Pinheiro recused himself on both matters. The Mayor opened the Public Hearing. 7952 A/S 02-16 Pub. Hearing Library Dev. Fees John Donahoe, RJA offered to answer questions. Jan Lindenthal, South County Housing, explained to the City Council how many two story and single story homes there will be. Jim Yee, architect for the project, clarified the style of the homes. The Mayor closed the Public Hearing. Motion was made by Councilman Dillon, seconded by Councilman Morales, and carried to direct staff to prepare a resolution approving TM 02-05. The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. The Mayor noted Architectural & Site review request for a thirteen lot subdivision, on property zoned RI-R3/PUD, located on Church Street, north of Farrell Avenue. South County Housing, applicant, AlS 02-16. The staff report was noted and further explained by Planner Durkin. John Donahoe, RJA offered suggestions. Motion was made by Councilman Morales, seconded by Councilman Arellano, and carried to direct staff to prepare a resolution approving AlS 02-16. The Mayor returned to the regular order of the agenda. The Mayor stated it was the time and place scheduled for a Public Hearing regarding authorizing the imposition of Development Impact Fees to fund Library construction in the City of Gilroy. City Administrator Baksa requested a continuance. Motion was made by Councilman Morales, seconded by Councilman Dillon, and carried to continue to the September 3,2002 City Council meeting. RDA The Mayor noted a discussion of the feasibility ofa Redevelopment Agency (RDA) for the City of Gilroy. Commissioner Pinheiro spoke and passed out a memo. Councilmembers Morales and Pinheiro recused themselves from discussion and vote on the issue due to a conflict of interest of owning property in the area, and stepped down from the dais. City Administrator Baksa presented a staff report. The staff report was noted and further eXplained by Administrative Services Director Dorn. There was further discussion. Councilman Velasco left the dias at 9:19 p.m. and returned at 9:22 p.m. ... Councilman Arellano left the dias at 9:25 p.m. and returned at 9:27 p.m. ~Q.. ,,<;1' Felicia Rosas, 269 Second Street, spoke fgr approval ofthe RDA. Councilman Dillon left the Dias at 9:50 p.m. and returned at 9:52 p.m. Gondie Holson, 7417 Church Street, posed questions to the City Council, asked about buildings downtown and if they have been retrofitted since the 1989 earthquake, and spoke about the sidewalks. 7953 Eric Still, 2531 Club Drive, expressed his opinions on the RDA. Chris Ordaz, 1925 St. Andrews Circle, spoke on his support for the RDA or another way to revitalize the downtown. Councilman Arellano left the dias at 10:20 p.m. and returned at 10:22 p.m. Jan Lindenthal, South County Housing, spoke about the positive impact of an RDA. Motion was made by Councilman Gartman, seconded by Councilman Velasco and carried (Councilmembers Morales and Pinheiro absent, Councilman Dillon and Mayor Springer voted no) to determine that a Redevelopment Agency is feasible, with Eminent Domain excluded, for the City of Gilroy. The City Council took at break at 10:33 p.m. and resumed at 10:45 p.m. 2001 RDO The Mayor noted discussion and allocation of units on the 2001 Residential Development Ordinance (RDO) applications. The staff report was noted and further explained by Planning Division Manager Faus. Motion was made by Councilman Velasco, seconded by Councilman Pinheiro and carried (Councilmembers Gartman, Arellano and Springer voted no) to direct staff to work with the City Attorney to bring back policy changes and approve the following RDO allocations: 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 RD 01-03 5 5 5 RD 01-04 85 85 RD 01-06 71 71 71 71 71 72 RD 01-07 30 30 20 RD 01-08 21 10 RD 01-09 20 20 20 RD 01-13 25 40 44 25 RD 01-16 35 33 RD 01-18 10 RD 01-19 20 15 15 RD 01-21 30 40 93 RD 01-22 30 35 RD 01-23 50 50 50 50 131 131 131 131 131 131 Z 02-04 The Mayor noted an Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from R1 (Single Family Residential) to R1-PUD (Single Family Residential-Planned Unit Development) on approximately 2 acres, APN 790-08-005, James Kennedy, applicant, Z 02-04. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to read the Ordinance by title only and waive further reading of the Ordinance. Deputy City Clerk Kyle read the Ordinance by title only. Motion was made by Councilman Dillon, seconded by Councilman Morales, and carried to introduce the Ordinance approving Z 02-04. Newman Dev. The Mayor noted a request by the Newman Development Group to enter into Group an Development Agreement for the purposes of an Economic Incentive. The staff report was noted and further explained by Deputy Community Development Director Greenhut. 7954 Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried (Councilmember Arellano voted no) to direct staff to prepare a Development Agreement for the purposes of an Economic Incentive for the Newman Development Group. Haz.Materials The Mayor noted a request for a representative from South County to serve on Adv.Com. the Santa Clara Pollution Prevention Program, Hazardous Materials Advisory Committee. Motion was made by Councilman Pinheiro, seconded by Councilman Gartman and carried to appoint Councilman Velasco as a representative from South County to serve on the Santa Clara Pollution Prevention Program, Hazardous Materials Advisory Committee. Domestic Violence Council The Mayor noted a letter from the Santa Clara County Domestic Violence Council requesting the City of Gilroy become a $1,000 sponsor in support of their lOth Annual Conference. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to send a letter in response to the Santa Clara County Domestic Violence Council in response to their request. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Priority Focus #27-2002 dated July 12,2002 League of California Cities Priority Focus #28-2002 dated July 19, 2002; and Letter from Eugene Y. Leong, ABAG, regarding ABAG's efforts to amend SB 1243, regarding the proposed merger of ABAG and MTC. Customer Service: Email of thanks from Mark Dover and all the SANCRA members to LeeAnn McPhillips for her presentation on livescan policies; Email of appreciation from Councilman Dillon to Bill Faus and the Planning staff for their work on the current RDO; and Letter of thanks from Lori Poulsen, New Hope Community Church, to Cathy Mirelez and Susan Voss for their assistance with the Women's Brunch at the Willey House. Informational items: Letter from Dan McGough, Charter Communications, regarding additional channels to their lineup; Letter of thanks from Kathryne Bevilacqua for the unique opportunity to serve on the Youth Commission; City of Gilroy Investment Report dated June 2002; Community Development Department, Planning Division monthly report of long-range applications and status ofRDO allocation and activity dated July 17, 2002; List of services provided the Santa Clara Valley Water District to South Santa Clara County; Information regarding All-Way Stop Sign at Seventh and East Streets; and 7955 Memorandum from Melissa Durkin regarding the final version of the Transitional Housing Policy. A& C Com. 6-11-02 The minutes ofthe Arts and Culture Commission meeting of June 11, 2002 were noted. Gang Task Force The minutes of the Gilroy Gang Task Force meeting of June 4,2002 were 6-4-02 noted. Lib.Com. The minutes of the Library Commission meeting of June 12,2002 were noted. 6-12-02 P&RCom. 6-18-02 The minutes of the Parks & Recreation Commission meeting of June 18, 2002 were noted. Youth Com. 6-10-02 The minutes ofthe Youth Commission meeting of June 10, 2002 were noted. City Adminstrator Baksa noted memo's regarding the Development Process Survey, the Landscape Maintenance Contract Pilot Project Status Report, and conditions along I.O.O.F. Avenue between the I.O.O.F. bridge and Forest Street. There was also discussion on whether to have the mini-retreat with the Police Department. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 AUGUST 2002 5*Regular City Council Meeting - 6:00 p.m., Gilroy City Council Chambers (NOTE TIME CHANGE) 13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 19*Regular City Council Meeting - 7:00 p.m., City Council Chambers (CANCELLED) 27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy SEPTEMBER 2002 3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 6 City Council Mini-Retreat - 8:00 a.m. to 2:00 p.m., Willey Cultural Center, 140 Fifth Street, Gilroy 9 Study Session - Comprehensive Fee Schedule -7:00 p.m., Gilroy Senior Center Main Dining Hall, 7371 Hanna Street, Gilroy 10 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 16*Regular City Council Meeting - 7:00 p.m., City Council Chambers 23 Study Session - Glen Loma Specific Plan and Home Ranch -7:00 p.m., Gilroy Senior Center Meeting Room 24 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy OCTOBER 2002 7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 21 *Regular City Council Meeting - 7:00 p.m., City Council Chambers 22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 12:45 a.m. the Mayor adjourned the meeting. Respectfully submitted, !~!ft/-- Deputy City Clerk