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