Minutes 2002/09/03
7956
Invocation
Posting
Agenda
Roll Call
Charter Com.
Regular Meeting
September 3, 2002
Gilroy, California
The Mayor led the Pledge of Allegiance.
Pastor Kevin Wilson, Gilroy Bible Church, gave the Invocation.
The Deputy City Clerk Kyle noted that the agenda had been posted on August
28, 2002, at 3 :05 p.m.
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.
Dan McGough was not present to provide an update on the Charter
Communications upgrade.
Proc.-Prostate The Mayor noted a proclamation for Prostate Cancer Awareness Month-
Cancer September, 2002, which was previously mailed to the recipient.
Vol. Award
Emp. Award
Grp./Team
Awards
Consent
Calendar
Minutes
Ord.2002-15
The Mayor presented the Volunteer of the Month of August 2002 award to
Steve Ashford.
The Mayor noted that Cherie Somavia, Police Officer, Police Department, was
not present to accept the Employee Award for the Month of August, 2002, and
that the presentation will be rescheduled.
The Mayor presented certificates to Group/Team of the Month of August 2002
to John Avina, Rick Brandini, Bob Bozzo, Danny Corral, Ralph Hernandez, Randy
Newell and Chris Rogers, Facilities Division, Administration Services Division.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Mark Zappa spoke about the Veterans of the Armed Forces ofthe United
States regarding business license fees. The matter was referred to staff
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, Roland Velasco, and
Thomas W. Springer:
Minutes of the Regular Council meeting of August 5, 2002 with two
corrections as noted: 1) on page 8 the motion on the RDA should have included
the wording "with Eminent Domain excluded", and 2) on page 8 City Attorney
Baksa was changed to City Administrator Baksa;
Adopted Ordinance No. 2002-15 approving Z 02-04 for a change in zoning
designation from R1 (Single Family Residential) to R1-PUD (Single Family
Residential-Planned Unit Development);
ORDINANCE NO. 2002-15
ORDINANCE APPROVING Z 02-04, AN APPLICATION FOR A CHANGE IN
ZONING DESIGNATION FROM R1 (SINGLE FAMILY RESIDENTIAL) TO
R1-PUD (S,fNGLE FAMILY RESIDENTIAL-PLANNED UNIT
DEVELOB~NT) ON APPROXIMATELY 2 ACRES, APN 790-08-005,
PASSED AND ADOPTED this 3rd day of September, 2002, by the following
vote;
7957
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res. 2002-62 Adopted Resolution No. 2002-62 approving TM 02-02, a tentative map to
subdivide an approximately 35-acre site into 39 residential hillside lots located on
Carriage Hills Drive between Wild Iris and Valley Oaks Drives, APN 783-52-007,
Mantelli Family Trust, applicant;
RESOLUTION NO. 2002-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 02-02, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 35-ACRE SITE INTO 39 RESIDENTIAL HILLSIDE
LOTS LOCATED ON CARRIAGE HILLS DRIVE BETWEEN WILD IRIS
AND V ALLEY OAKS DRIVES, APN 783-52-007, MANTELLI FAMILY
TRUST, APPLICANT.
PASSED AND ADOPTED this 3rd day of September, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res. 2002-63 Adopted Resolution No. 2002-63 approving TM 02-05, a tentative map to
subdivide an approximately 1.9-acre site into 13 residential lots located Church
Street, north of Farrell Avenue, APN 790-07-013, South County Housing,
applicant;
RESOLUTION NO. 2002-63
(
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 02-05, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 1.9-ACRE SITE INTO 13 RESIDENTIAL LOTS,
LOCATED CHURCH STREET, NORTH OF F ARRELL AVENUE, APN 790-
07-013, SOUTH COUNTY HOUSING, APPLICANT.
PASSED AND ADOPTED this 3rd day of September, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res. 2002-64 Adopted Resolution No. 2002-64 approving NS 02-16, an application for
Architectural and Site approval of a Planned Unit Development (PUD) on
approximately 1.9 acres, APN 790-07-013, South County Housing, applicant;
RESOLUTION NO. 2002-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING NS 02-16, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON
APPROXIMATELY 1.9 ACRES, APN 790-07-013, SOUTH COUNTY
HOUSING, APPLICANT.
PASSED AND ADOPTED this 3rd day of September, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Claims
Denied Claims of Martha Martinez, Anna Hurtado, and Sandra Vieno;
7958
Accept Impr.
Tract 9292
Parcel Map
Tract 9218
Econ. Incen.
Agreement
Budget
Surplus Equip.
PC Report
Bid - PD
Interceptor
Vehicles
Pub.Hearing
Num. Limits
2003
Pub.Hearing
Num. Limits
2004-2013
Accepted improvements, Tract 9292, Cotswold Court, APN 790-59-014,
Cotswold LLC;
Approved Parcel Map, Tract 9218, - Remaining 3 lots, Mission Valley Syncon;
Approved an Economic Incentive Agreement for the Country Garlic USA R V
Park;
Approved Budget Amendments/Transfers as recommended; and
Approved recommendation to declare equipment and vehicles as surplus.
Tom Boe, Planning Commissioner, presented the Planning Commission report.
The City Administrator presented a recommendation to award the bid for five
Police Interceptor Vehicles, bid number 03-ASD-104, to Bob Lynch Ford in
the amount of$113,490.00.
Councilman Gartman recused himself from discussion and vote on this item
due to a conflict of interest, and stepped down from the dais.
Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried (Councilman Gartman absent) to award the bid for five Police
Interceptor Vehicles, bid number 03-ASD-104, to Bob Lynch Ford in the amount
of$113,490.00.
Councilman Gartman returned to his seat at the dais.
The Mayor stated it was the time and place scheduled for a Public Hearing td
establish Numerical Limits of Dwelling Units to be Permitted under the
requirements of the City of Gilroy's Residential Development Ordinance (RDO)
for the year 2003, City of Gilroy, applicant, M 02-06.
The staff report was noted and further explained by Planning Division Manager
Faus.
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
Motion was made by Councilman Gartman, seconded by Councilman Morales,
and carried to direct staff to prepare a resolution establishing Numerical Limits for
the year 2003.
Motion was made by Councilman Dillon, seconded by Councilman Morales,
and carried to hold no RDO competition for 2002.
The City Council asked to clarify their exact motion, so that it was clear that
their action included the three years of allocation given to Glen Lorna outside of
the ten year limit in 2014,2015 and 2016 (394 units total). The City Council
confirmed that action.
The Mayor stated it was the time and place scheduled for a Public Hearing to
establish Numerical Limits of Dwelling Units to be Permitted under the
requirements of the City of Gilroy's Residential Development Ordinance (RDO)
for the year 2004 through 2013, City of Gilroy, applicant, M 02-09.
The staff report was noted and further explained by Planning Div. Mgr. Faus.
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
7959
Motion was made by Councilman Dillon, seconded by Councilman Morales,
and carried (Councilmembers Arellano, Gartman and Springer voted no) to direct
staff to prepare a resolution establishing Numerical Limits for the years 2004
through 2013.
The Mayor deviated from the agenda to accommodate interested persons in the
audience.
2001 RDO
The Mayor noted a continued discussion and allocation of units on the 2001
Residential Development Ordinance (RDO) applications (continued from August
8,2002 meeting).
Councilman Velasco recused himself from discussion and vote during RD 01-
06, due to a conflict of interest, and stepped down from the dais.
Motion was made by Councilman Morales, seconded by Councilman Dillon,
and carried (Councilman Velasco absent) to allocate units for RD 01-06.
Councilman Velasco returned to his seat at the dias.
Motion was made by Councilman Morales, seconded by Councilman Dillon,
and carried (Councilmembers Gartman and Springer voted no) to allocate units for
RD 01-07,01-08,01-090,01-13,01-16,01-18,01-19,01-21, 01-22 and 01-23.
The Mayor returned to the regular order of the agenda.
RDA The Mayor stated it was the time and place scheduled for a Public Hearing
regarding adoption of a Resolution for a Survey Area for the Redevelopment
Agency (RDA) for the City of Gilroy.
Councilman Morales recused himself from discussion and vote on this item and
stepped down from the dais.
The staff report was noted and further explained by the City Administrator and
by Administrative Services Director Dorn.
Brent Hopkins spoke regarding the RDA Survey Area.
The Mayor opened the Public Hearing.
The following citizens spoke in opposition to the RDA: Mark Zappa, Rich De
La Rosa, Rick Mello, Ronald Gurries, Jack Kazenjian, Felicia Rosas, Allen Rice,
Frank Chavez, Teresa Mendoza, Jose Mendoza, Donna Courtright, Kathleen
O'Connell Sunerran, George Swenson, and Art Carderon.
The Mayor closed the Public Hearing.
At 9:04 p.m. the Mayor called for a recess, after which he recalled the meeting
to order.
Motion was made by Councilman Velasco, seconded by Councilman Pinheiro,
and the motion failed with a tie vote (Councilmembers Dillon, Gartman and
Springer voting no and Councilman Morales absent) to adopt a resolution for a
Survey Area for the RDA.
Motion was made by Councilman Gartman, seconded by Councilman Pinheiro,
and carried (Councilmembers Dillon and Morales were absent and Mayor Springer
voted no) to table this until the April 7, 2003 City Council meeting.
Councilman Morales returned to his seat at the dais.
At 10: 17 p.m. the Mayor called for a recess, after which he recalled the
meeting to order.
7960
Res. 2002-66 Motion was made by Councilman Morales, seconded by Councilman Dillon,
and carried (Councilmembers Gartman and Springer voted no) to adopt Resolution
No. 2002-66 approving TM 01-08, A Tentative Map to subdivide an
approximately 2-acre site into 12 residential lots, located on Church Street, one lot
north of Farrell Avenue, APN 790-08-005, James Kennedy, applicant.
RESOLUTION NO. 2002-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 01-08, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 2-ACRE SITE INTO 12 RESIDENTIAL LOTS,
LOCATED ON CHURCH STREET, ONE LOT NORTH OF FARRELL
AVENUE, APN 790-08-005, JAMES KENNEDY, APPLICANT.
PASSED AND ADOPTED this 3rd day of September, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, MORALES,
PINHEIRO and VELASCO
NOES: COUNCILMEMBERS: GARTMAN, SPRINGER
ABSENT: COUNCILMEMBERS: NONE
Res. 2002-67 Motion was made by Councilman Morales, seconded by Councilman Dillon,
and carried (Councilman Gartman voted no) to adopt Resolution No. 2002-67
approving AlS 02-14, an application for Architectural and Site approval of a
Planned Unit Development (PUD) on approximately 2-acres, APN 790-08-005,
James Kennedy, applicant.
RESOLUTION NO. 2002-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AlS 02-14, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON
APPROXIMATELY 2-ACRES, APN 790-08-005, JAMES KENNEDY,
APPLICANT.
PASSED AND ADOPTED this 3rd day of September, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, MORALES,
PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: GARTMAN
ABSENT: COUNCILMEMBERS: NONE
Z 02-07
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 PFIPUD (Public FacilitieslPlanned Unit Development) on
approximately 1.97-acres, APN 783-20-050, City of Gilroy, applicant, Z 02-07.
Motion was made by Councilman Dillon, seconded by Councilman Morales
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 Morales, seconded by Mayor Springer, and
carried to introduce Ordinance approving Z 02-07.
Sports
Park
The Mayor noted the continued hearing on Pre-zone request to PF-PUD
(ParklPublic Facility) for the City Sports Park, Z 02-08.
The staff report was noted and further explained by Planner II Casper.
Mel Sornberger, Richard Barberi and Jim Blocher spoke on the sports park.
Motion was made by Councilman Arellano, seconded by Councilman Gartman,
and carried to direct staff to prepare an ordinance approving Z 02-08.
USA 98-03 The Mayor noted further discussion and review of USA 98-03, City of Gilroy
Sports Park.
7961
Councilman Gartman recused himself from discussion and vote on this issue
due to a conflict of interest, and stepped down from the dais.
The staff report was noted and further explained by Planner II Casper.
Lee Weider and Nancy Richardson spoke on the project.
Motion was made by Councilman Dillon, seconded by Councilman Morales,
and carried (Councilman Arellano voted no and Councilman Gartman was absent)
to direct staff to initiate an additional prezone for APN 808-21-009,016, 018,
021,029 and 031.
The Mayor stated that the matter will be discussed further at the September 6,
2002 mini-retreat.
City Council At the request of Councilman Arellano, the mini-retreat was changed to
Mini-Retreat September 20,2002.
Councilman Gartman returned to his seat at the dais.
Library
Dev. Fees
The Mayor noted the continued hearing regarding authorizing the imposition
of Development Impact Fees to fund Library construction in the City of Gilroy.
Motion was made by Councilman Arellano, seconded by Councilman Dillon,
and carried to continue the hearing to September 16, 2002 meeting.
Adj. Rate
Bond Docs.
The Mayor noted a request for Authorization to prepare adjustable rate bond
documents for the new City Public Facilities, including police building, fire station,
sports complex and Corporation Yard improvements.
Motion was made by Councilman Morales, seconded by Councilman Dillon,
and carried (Councilman Arellano absent) to authorize staff to work with the
City's bond consultants and counsel.
Reimburse The Mayor noted a Resolution of the City Council of the City of Gilroy,
Expenditures California declaring intention to reimburse expenditures under federal tax rules.
The staff report was noted and further explained by the City Administrator.
Res. 2002-68 Motion was made by Councilman Morales, seconded by Councilman Dillon,
and carried (Councilman Arellano was absent) to adopt Resolution No. 2002-68
declaring intention to reimburse expenditures under federal tax rules.
RESOLUTION NO, 2002-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING INTENTION TO REIMBURSE EXPENDITURES UNDER
FEDERAL TAX RULES.
PASSED AND ADOPTED this 3rd day of September, 2002, by the following
vote;
AYES: COUNCILMEMBERS: DILLON, GARTMAN, MORALES,
PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ARELLANO
Los
Arroyos
The Mayor noted a request for an appeal of traffic impact fee for Los Arroyos
Child Development Center.
The staff report was noted and further explained by Traffic Engineer Abrams.
No Council action was taken on this item.
The following informational items were noted with no separate discussion on
the same:
7962
Legislation:
League of California Cities Priority Focus #29-2002 dated August 2,2002; and
League of California Cities Priority Focus #31-2002 dated August 16, 2002.
Customer Service:
Email of thanks from Clay Lee, City of Hollister, to Jay Baksa and his stafffor
accommodating a meeting in a conference room at City Hall;
Email of appreciation from Chris Orr to Frank Comin and Todd Barreras and
their staff for the support received before, during, and after the Garlic Festival;
Letter of thanks from Lorraine M. Carrasquillo to Rachel Munoz, Officer
Nestor Quinones, and 911 Dispatcher Supervisor Patty Harrel for visiting the
Parkview Apartments complex and offering important information on
Neighborhood Watch;
Letter of thanks from Mae Franco, City of Hollister, to Rhonda Pellin for her
assistance on an oral board;
Email of thanks from Cathie Royer to Gilroy Web Master (Joe Kline, Jacqui
Carrasco, and Anne Meyer) for an engaging, informative, and user-friendly web
site;
Letter of appreciation from Kai Lai to the Gilroy Fire Department for the
prompt and professional services that they provided him at a time of need;
Email of appreciation from Raymond Chin to John Avina for his help in
cleaning out the white house;
Email of thanks from Irma Navarro to LeeAnn McPhillips and the Human
Resources staff for filling the position of part-time Accounting Assistant quickly;
Letter of thanks from Ben Fohner to Mayor Springer and the City Council
members for the opportunity to serve on the Youth Commission;
Letter of thanks from Cathy Mirelez to Bob Bozzo and Chris Rogers for
installing/hanging the canopy tarp over the Christmas Hill Park Amphitheater stage
before the Summer Concert series began;
Letter of thanks and appreciation from John and Annie Casey to Corporal
Georges and Officer Del Moral for the care that they gave to their son in a recent
incident;
Letter of appreciation from Debbie Ruiz, Community Solutions, to Sgt.
Sheedy, Cpl. Renville, Officers Snow, Mama, and Zen for their commitment,
dedication, and hard work to end sexual violence in our community;
Letter of thanks and appreciation from Cathy Mirelez to Sgt. Flippo, Cpl.
Kadluboski, and Officer Hathaway for their services at the Summer Concerts
senes;
Email of appreciation from Rachel Munoz on vacation in Puerto Vallarta
Mexico to Jay Baksa regarding the user friendly and helpful City web site;
Letter of thanks from Sandy Holland to Happy Campers Marla McCandless,
Erik Wagle, and staff for making her children's summer fun and exciting;
Email of thanks from Irma Navarro to Gary Muraoka for his help in getting
information to our consultant that was working on State Reimbursements for
Animal Adoptions;
7963
A Resolution by the Honorable Manny Diaz 23rd Assembly District to the
Gilroy Fire Department for their response to the August 19,2002 Santana Row
Fire in San Jose;
Letter of thanks from Cathey Mirelez to Chris Orr and his maintenance staff
for going the extra mile to ensure that Christmas Hill Park was cleaned for the
Summer Concerts series;
Letter of thanks from Diane Maldonado to Mark Dover and staff for a
wonderful and exciting time her children had at the Outdoor Adventure Camp
program; and
Letter of appreciation from Manuel Alarcon, Fire Chief City of San Jose, to
Chief Clet and the Gilroy Fire Department for their assistance during the Santana
Row fire.
Informational items:
City of Gilroy Investment Report dated July 2002;
Article from the HBA News dated July/August 2002 entitled "Milestone hit as
Livermorefees and exactions top $100,000 per home"; and
Letter from Marguerite Wilbur, Joint Venture: Silicon Valley Network,
thanking the City of Gilroy for its investment for the 2002 - 2003 fiscal year.
P&RCom.
7-16-02
The minutes of the Parks & Recreation Commission meeting of July 16, 2002
were noted.
City Administrator Baksa talked about the 5,000,000 gallon water tank.
Calpine Motion was made by Councilman Dillon, seconded by Councilman Gartman
Community and carried, to appoint Councilman Pinheiro to the Calpine Community Grant
Grant Board Board.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
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 SCRWA 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 Lorna Specific Plan and Home Ranch -7:00 p.m., Gilroy
Senior Center Meeting Room
24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
OCTOBER 2002
7 Community Development Department Report to Council- 6:00 p.m., Gilroy
City Council Chambers
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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
NOVEMBER 2002
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
18*Regular City Council Meeting - 7:00 p.m., City Council Chambers
22 Mini Retreat City CouncillPolice Department - 8:00 a.m. - 12:00 p.m., Old
City Hall, 7400 Monterey Street, Gilroy
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
7964
Adjournment
At 11 :50 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
I~~
Deputy City Clerk