Minutes 2002/09/16
7964
Posting
Agenda
Roll Call
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Regular Meeting
September 16, 2002
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the agenda had been posted on September 11, 2002
at 4:00 p.m.
Present: Councilmembers: Peter D. Arellano, Robert 1. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W.
Springer - 7:07 p.m.
Under Orders of the Day, the Mayor noted that the minutes from the last
meeting will be pulled and placed on a future agenda for approval.
Regarding the Closed Session prior to this meeting, the City Attorney
announced that the City Council directed her to initiate litigation and that the
public can contact her for information.
New Employees The Mayor introduced new employees Geoffrey Cady, EMS Analyst, Fire
Department; Annette Juco, Public Safety Communicator, Police Department; and
Peggy Toyoshima, Police Records Supervisor, Police Department.
Emp. Award
Proc. -Consti-
tution Week
Consent
Calendar
Res.2002-69
The Mayor presented the Employee Award for the Month of August 2002 to
Cherie Somavia, Office, Police Department.
The Mayor presented a proclamation for Constitution Week - September 16-
22, 2002 to Huldah Champion of the Daughters of the American Revolution. She
asked that everyone ring a bell at 1 :00 p.m. tomorrow in celebration of
Constitution Week.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Art Amaro, Vice-President of the Gilroy Firefighters Association presented
shirts and hats to the City Councilmembers in recognition of their support of the
Fire Department.
,.
Motion was made by Councilman Dillon, seconded by Councilman Gartman,
and carried that the following items under the Consent Calendar be approved,
removing Item III.D. Minutes of the Regular Council Meeting of September 3,
2002, by the following Roll Call Vote: Ayes: Councilmembers: Peter D. Arellano,
Robert 1. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland
Velasco, and Thomas W. Springer:
Adopted Resolution No. 2002-69 setting the Numerical Limit for maximum
total number of Residential Dwelling Units to be built during the Year 2003, M 02-
06, City of Gilroy, applicant;
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RESOLUTION NO. 2002-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SETTING THE NUMERICAL LIMIT FOR MAXIMUM TOTAL NUMBER OF
RESIDENTIAL DWELLING UNITS TO BE BUILT DURING THE YEAR
2003; M 02-06, CITY OF GILROY, APPLICANT.
PASSED AND ADOPTED this 16th day of September, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Ord.2002-16 Adopted Ordinance No. 2002-16 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;
ORDINANCE NO. 2002-16
r
AN ORDINANCE OF THE CITY COUNCIL CITY OF GILROY APPROVING
AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM R1
(SINGLE FAMILY RESIDENTIAL) TO PFIPUD (PUBLIC FACILITIES/
PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 1.97 ACRES,
APN 783-20-050, CITY OF GILROY, APPLICANT, Z 02-07.
PASSED AND ADOPTED this 16th day of September, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Ord.2002-17
Adopted Ordinance No. 2002-17 pre-zoning to PF (ParksIPublic Facility) on
approximately 78.36 acres, Z 02-08, APNs 808-21-026,028, and -030, known as
the Sports Park, City of Gilroy, applicant, Z 02-08;
ORDINANCE NO. 2002-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY PRE-
ZONING TO PF (PARKSIPUBLIC FACILITY) ON APPROXIMATELY 78.36
ACRES, Z 02-08, APNS 808-21-026, 028, AND -030, KNOWN AS THE
SPORTS PARK, CITY OF GILROY, APPLICANT, Z 02-08.
PASSED AND ADOPTED this 16th day of September, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Prop.Impr.Agr. Property Improvement Agreement No. 2002-70, Tract Map No. 9248, and
2002-70 Improvement Plans, APN 790-58-055 & 056, South County Housing Corp.;
Tract 9248
Prop.Impr.Agr. Property Improvement Agreement No. 2002-62, APN 841-67-023, Country
2002-62 Garlic USA RV Park, Brem Lane and Holloway Road, EP&G Properties;
Prop.Impr.Agr. Property Improvement Agreement No. 2002-63 and Tract Map 9440, APN
2002-63 810-61-024 & 026. John M. Filice, Jr. with Santa Teresa Properties, LLC; and
Tract 9440
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Res.2002-70 Adopted Resolution No. 2002-70 consenting to the issuance by the South
County Regional Wastewater Authority of Refunding Bonds to Refund the South
County Regional Wastewater Authority Revenue Bonds (Regional Wastewater
Facilities and Capital Improvement Project), Morgan Hill Series 1992B Bonds and
authorizing certain other actions in connection therewith.
RESOLUTION NO. 2002-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
CONSENTING TO THE ISSUANCE BY THE SOUTH COUNTY REGIONAL
WASTEWATER AUTHORITY OF REFUNDING BONDS TO REFUND THE
SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY REVENUE
BONDS (REGIONAL WASTEWATER FACILITIES AND CAPITAL
IMPROVEMENT PROJECT), MORGAN HILL SERIES 1992B BONDS AND
AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION
THEREWITH.
PASSED AND ADOPTED this 16th day of September, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Bid-Perf Audit The City Administrator presented a recommendation to award the bid for the
Dev.Review Performance Audit of the Development Review Process (03-RFP-CDD-302) for
Process the City of Gilroy in the amount of $44,760.00 to Bucknam and Associates.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to award the bid for the Performance Audit of the Development
Review Process (03-RFP-CDD-302) for the City of Gilroy in the amount of
$44,760.00 to Bucknam and Associates.
RDA Councilman Pinheiro explained his reasons to reconsider the continuation of
setting a Survey Area for the Redevelopment Agency (RDA) for the City of
Gilroy.
Councilman Morales recused himself from discussion and vote on this issue
due to a conflict of interest of owning property in the proposed area, and stepped
down from the dais.
The City Attorney explained who could make a motion for reconsideration.
Motion was made by Councilman Velasco, seconded by Councilman Pinheiro
and the motion did not carry with a tie vote (Councilmembers Dillon, Gartman,
and Springer voting no and Councilman Morales absent) to reconsider setting a
survey area for the RDA. This will be reagendized for April 7,2003 for action.
Councilman Morales returned to his seat at the dais.
Library Impact The Mayor noted a continued discussion regarding authorizing the imposition
Fees of Development Impact Fees to fund Library construction in the City of Gilroy.
The staff report was noted and further explained by the City Administrator,
noting that the fees would be refunded if the City does not receive the grant.
Res.2002-71 Motion was made by Councilman Arellano, seconded by Councilman Morales
and carried to adopt Resolution No. 2002-71 setting Development Impact Fees to
fund library construction and land acquisition therefor.
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RESOLUTION NO. 2002-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SETTING DEVELOPMENT IMP ACT FEES TO FUND LffiRARY
CONSTRUCTION AND LAND ACQUISITION THEREFOR.
PASSED AND ADOPTED this 16th 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.2002-72 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilmembers Arellano, Gartman, and Springer voting no) to adopt
Resolution No. 2002-72 establishing New Numerical Limits for maximum total
number of Residential Dwelling Units to be built during the years 2004 through
2013, City of Gilroy, applicant, M 02-09.
RESOLUTION NO. 2002-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
EST ABLISHING NEW NUMERICAL LIMITS FOR MAXIMUM TOTAL
NUMBER OF RESIDENTIAL DWELLING UNITS TO BE BUILT DURING
THE YEARS 2004 THROUGH 2013, CITY OF GILROY, APPLICANT,
M 02-09.
PASSED AND ADOPTED this 16th day of September, 2002, by the following
vote;
AYES: COUNCILMEMBERS: DILLON, MORALES, PINHEIRO, and
VELASCO
NOES: COUNCILMEMBERS: ARELLANO, GARTMAN and SPRINGER
ABSENT: COUNCILMEMBERS: NONE
A/S 02-20
The Mayor noted a Planned Unit Development Architectural & Site Review
approval for the construction ofKFC/A&W fast food restaurant with a drive
through lane on property zoned M1-PUD located south of the Garlic Farm Truck
Stop freeway interchange east of Highway 101. KFC/A&W, Harman
Management Corp. (c/o Jennifer Kretschmer), applicant, AlS 02-20.
The staff report was noted and further explained by Planner I Polubinski.
Edwin Burris, architect for the project, asked if there were any questions.
Dan Mundy, construction manager for Harmon Corporation, stated that he
would prefer not restricting parking along the street.
Police Chief Giusiana stated that it would be easiest to prohibit the large trucks
from parking on the street, since there is sufficient truck parking on the site.
Motion was made by Councilman Gartman, seconded by Councilman Velasco
and carried (Councilman Arellano voting no) to direct staff to prepare a resolution
approving A/S 02-20, subject to the 17 conditions in the staff report, the additional
condition by the Planning Commission, and three additional conditions regarding
adding a street light, lower or landscape the transformer on Monterey Street, and
restrict truck parking on Garlic Farm Drive.
Radio Req. The Mayor noted an Emergency Ordinance of the City Council of the City of
Gilroy, California, amending Article IV, Chapter 6, entitled "Building Security" is
amended by adding new sections regarding "Public Safety Radio Requirements for
New Buildings."
The staff report was noted and further explained by the City Administrator.
7968
Ord. 2002-18 Motion was made by Councilman Morales, seconded by Councilman Arellano
and carried to adopt Ordinance No. 2002-18 amending Article IV, Chapter 6,
entitled "Building Security" is amended by adding new sections regarding "Public
Safety Radio Requirements for New Buildings".
ORDINANCE NO. 2002-18
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY, CALIFORNIA, AMENDING ARTICLE IV, CHAPTER 6,
ENTITLED "BUILDING SECURITY" IS AMENDED BY ADDING NEW
SECTIONS REGARDING "PUBLIC SAFETY RADIO REQUIREMENTS FOR
NEW BUILDINGS".
PASSED AND ADOPTED this 16th day of September, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Radio Req. The Mayor noted an Ordinance of the City Council of the City of Gilroy,
California, amending Article IV, Chapter 6, entitled "Building Security" is
amended by adding new sections regarding "Public Safety Radio Requirements for
New Buildings."
Motion was made by Councilman Arellano, seconded by Councilman Morales
and carried to read the Ordinance by title only and waive further reading of the
Ordinance. The City Clerk read the ordinance by title only.
Motion was made by Councilman Morales, seconded by Councilman Gartman
and carried to introduce the Ordinance amending Article IV, Chapter 6, entitled
"Building Security" is amending by adding new sections regarding "Public Safety
Radio Requirements for New Buildings."
DeBell/Uvas
Creek Park
Preserve.
The Mayor noted a recommendation to approve a monument, erect signs and
change the name of the Uvas Creek Park Preserve to DeBell/Uvas Creek Park
Preserve.
The City Administrator noted the history of the grant by Dennis DeBell and
noted that by changing the name and erecting the plaque that it will memorialize
the grant forever.
Phil Buchanan reviewed the life of Dennis DeBell and the grant that Mr.
DeBell bestowed on the City of Gilroy.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to approve a monument, erect signs, and change the name of the Uvas
Creek Park Preserve to DeBelllUvas Creek Park Preserve.
Prop.46
The Mayor noted a request from Marilyn Roaf to endorse State Proposition
46, Housing Bond which would create $1.2 billion to fund the Housing and
Emergency Trust Fund Act of 2002 (Senate Bill 1227).
Motion was made by Councilman Morales, seconded by Councilman Arellano
and carried to endorse State Proposition 46, Housing Bond which would create
$1.2 billion to fund the Housing and Emergency Trust Fund Act of2002 (Senate
Bill 1227).
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus # 32-2002 dated August 23,2002;
and
Youth Com.
8-12-02
City Flag
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League of California Cities Priority Focus # 33-2002 dated September 6,2002.
Customer Service:
Letter of thanks from David John Bevin, RN and Judy Yamada, RN of
Stanford Life Flight, to Gilroy Fire Department for their excellent work with a
head injury victim;
Letter of gratitude from Assemblyman Simon Salinas to Sylvia Bell for her
gracious assistance with the Prescription "Brown Bag" events;
Email ofthanks from LeeAnn McPhillips to Lisa Dover and Jackie Martin for
their excellent work in putting together the health fair;
Letter of appreciation from Norm Allen to Lorraine Bursese and her staff for
the excellent work with the Mujeres Pueden Program for the City of Gilroy;
Email of thanks from Lisa Jensema to Chris Orr and his staff for rounding up
the recycling toters from the Garlic Festival; and
Letter of resignation and thanks from Christina Morales to Lorraine Bursese
for contributing to her professional and personal growth and a letter of thanks
from Ana Ortiz to Mujeres Pueden Caseworker Martha Serrano-Gonzales for her
kind support and help in getting a wonderful job for her.
The minutes of the Youth Commission meeting of August 12, 2002 were
noted.
The City Administrator announced that the City Council mini-retreat scheduled
for Friday, September 20, 2002 will be at the Senior Center Meeting Room at
noon, rather than the Willey House as previous scheduled.
The City Attorney distributed a revised draft of a blight ordinance.
Councilman Velasco noted the document "Issues That Affect Affordable
Housing in Silicon Valley" and thanked the Mayor for his participation in
preparing this document.
Councilman Gartman reviewed his request for a discussion of a City of Gilroy
Flag Design. He noted that he has approached the new Youth Commission, and
that they have accepted the job of holding a competition for design ofthe new City
of Gilroy flag. He stated that they will try to have it done for March 12,2003. He
stated that at the first meeting in October, the Youth Commission will present their
ideas on the flag.
Councilman Pinheiro reviewed his thoughts on the RDA.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
SEPTEMBER 2002
16*Regular City Council Meeting - 7:00 p.m., City Council Chambers
20 City Council Mini-Retreat - 12:00 p.m. to 5:00 pm, Willey House
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
30 City Council/Planning Commission Mini-Retreat - 6:00 p.m. to 8:00 p.m.,
Gilroy Senior Center Meeting Room
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Adjournment
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 SCR W A 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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
18*Regular City Council Meeting - 7:00 p.m., City Council Chambers
22 CouncillPolice Department Mini-Retreat - 8:00 a.m. to 12:00 p.m., Old City
Hall, 7400 Monterey Street, Gilroy
26 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
DECEMBER 2002
2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16*Regular City Council Meeting - 7:00 p.m., City Council Chambers
24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 8:38 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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/s/ RHONDA PELLIN, CMC
City Clerk