Minutes 2002/10/21
Endorse VT A The Mayor noted a request for the City of Gilroy to endorse VT A Measures A
Measures and B on the November 5,2002 ballot. Measure A is the adoption ofthe VTP
A and B 2020 as the transportation plan. Measure B is the commitment of the gas tax
revenues, state and federal monies, as presently outlined in that Plan, to roadway
transportation projects.
The Mayor deviated from the regular order of the agenda to accommodate
interested persons in the audience.
Under Orders of the Day, the Mayor noted the addition ofItem XIII.B. on an
addendum to the agenda, which will be heard first.
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, and Thomas W. Springer; Absent:
Councilmember Roland Velasco (ill) - 7:08 p.m.
Roll Call
The City Clerk noted that the agenda had been posted on October 16, 2002
at 11 :30 a.m., and the addendum on October 17, 2002 at 9:30 a.m.
Posting
Agenda
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
October 21, 2002
Gilroy, California
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7980
Carl Guardino explained the request for endorsement ofVTA Measures A&B.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to endorse VTA Measures A and Bon
the November 5, 2002 ballot.
The Mayor returned to the regular order of the agenda.
Proc.-IRCC.Inc. The Mayor noted a proclamation commending the contributions ofIRCC, Inc.
and Loc Vu and Loc Vu, which was previously mailed to the recipient.
Proc.-Garlic The Mayor noted a proclamation commending the Gilroy Garlic Festival
Festival Assn. Association, Inc. on 25 years of excellence, which was previously presented to the
recipient.
Proc.-CDF The Mayor noted a proclamation commending the CDF Firefighters. Fire
ChiefClet introduced CDF ChiefWoodill, and the Mayor presented the
proclamation. ChiefWoodill presented the Mayor with a plaque and ChiefClet
also presented a banner of thanks from the City of Gilroy to ChiefWoodill.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Frank Caliri distributed a letter and thanked the Council for their support of the
urban service area application for the sports park.
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; Absent: Roland Velasco:
Minutes
Minutes of the Regular Council Meeting of October 7,2002;
Ord.2002-24
Adopted Ordinance No. 2002-24 amending Section 28.20 of the Gilroy Zoning
Ordinance regarding regulation of adult businesses. City of Gilroy, applicant,
Z 02-11;
ORDINANCE NO. 2002-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING SECTION 28.20 OF THE GILROY ZONING ORDINANCE
REGARDING REGULATION OF ADULT BUSINESSES. CITY OF GILROY,
APPLICANT, Z 02-11.
PASSED AND ADOPTED this 21st day of October, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Ord.2002-25 Adopted Ordinance No. 2002-25 amending Section 2A.2 of the
City Code regarding regulation of adult businesses;
ORDINANCE NO. 2002-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING SECTION 2A.2 OF THE CITY CODE REGARDING
REGULATION OF ADULT BUSINESSES.
PASSED AND ADOPTED this 21st day of October, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
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Ord.2002-26 Adopted Ordinance No. 2002-26 adopting the following Codes: 1997
Uniform Building Code Volumes 1 and 2, 1997 Uniform Administrative Code,
1997 Uniform Housing Code, 1997 Uniform Code for the Abatement of
Dangerous Buildings, 2001 California Code for Building Conservation, 2000
Uniform Plumbing Code, 2000 Uniform Mechanical Code, 2001 Edition of the
California Historical Building Code, 1999 Edition of the National Electrical Code;
and adopting local amendments to the California Code of Regulations Title 24,
Parts 2 (California Building Code), 3 (California Electrical Code), 4 (California
Mechanical Code), 5 (California Plumbing Code), 6 (California Energy Code), 8
(California Historic Buildings Code), 10 (California Code of Building
Conservation), 1997 Uniform Administration Code, 1997 Uniform Housing Code,
and 1997 Uniform Abatement of Dangerous Buildings Code; and amending
Section 6.1 of Chapter 6 of the Gilroy City Code;
ORDINANCE NO. 2002-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING THE FOLLOWING CODES: 1997 UNIFORM BUILDING CODE
VOLUMES 1 AND 2,1997 UNIFORM ADMINISTRATIVE CODE, 1997
UNIFORM HOUSING CODE, 1997 UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS, 2001 CALIFORNIA CODE
FOR BUILDING CONSERVATION, 2000 UNIFORM PLUMBING CODE,
2000 UNIFORM MECHANICAL CODE, 2001 EDITION OF THE
CALIFORNIA HISTORICAL BUILDING CODE, 1999 EDITION OF THE
NATIONAL ELECTRICAL CODE; AND ADOPTING LOCAL
AMENDMENTS TO THE CALIFORNIA CODE OF REGULATIONS TITLE
24, PARTS 2 (CALIFORNIA BUILDING CODE), 3 (CALIFORNIA
ELECTRICAL CODE), 4 (CALIFORNIA MECHANICAL CODE), 5
(CALIFORNIA PLUMBING CODE), 6 (CALIFORNIA ENERGY CODE), 8
(CALIFORNIA HISTORIC BUILDINGS CODE), 10 (CALIFORNIA CODE OF
BUILDING CONSERVATION), 1997 UNIFORM ADMINISTRATION CODE,
1997 UNIFORM HOUSING CODE, AND 1997 UNIFORM ABATEMENT OF
DANGEROUS BUILDINGS CODE; AND AMENDING SECTION 6.1 OF
CHAPTER 6 OF THE GILROY CITY CODE.
PASSED AND ADOPTED this 21st day of October, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Ord.2002-27 Adopted Ordinance No. 2002-27 adopting the 2000 Edition of the Uniform
Fire Code, Volumes 1 and 2, with amendments to the California Code of
Regulations Title 24, Part 9, and amending Section 10.1 of Chapter 10 of the
Gilroy City Code;
ORDINANCE NO. 2002-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING THE 2000 EDITION OF THE UNIFORM FIRE CODE,
VOLUMES 1 AND 2, WITH AMENDMENTS TO THE CALIFORNIA CODE
OF REGULATIONS TITLE 24, PART 9, AND AMENDING SECTION 10.1
OF CHAPTER 10 OF THE GILROY CITY CODE.
PASSED AND ADOPTED this 21st day of October, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Budget
Budget Amendments/Transfers as recommended;
Claims
Denied claims of Jose Fonseca and Palmina Leal; and
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Res.2002-74 Adopted Resolution No. 2002-74 approving AlS 01-86, an application for
Architectural and Site approval ofa Police Facility on approximately 1.9 acres,
APN 799-17-043, City of Gilroy, applicant.
RESOLUTION NO. 2002-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AlS 01-86, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A POLICE FACILITY ON APPROXIMATELY 1.9
ACRES, APN 799-17-043, CITY OF GILROY, APPLICANT.
PASSED AND ADOPTED this 21st day of October, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Youth Com.
Report
The Mayor noted the Youth Commission report. Myra Esparza introduced Ty
Ashford who reviewed the last six months accomplishments and also the upcoming
projects in the next six months.
Bid-Network
Equipment
The City Administrator presented a recommendation to award the bid for
Network Equipment, to Comark Government & Education Sales, Inc. in the
amount of$143,009.02.
Motion was made by Councilman Morales, seconded by Councilman Arellano
and carried (Councilman Velasco absent) to award the bid for Network
Equipment, to Comark Government & Education Sales, Inc. in the amount of
$143,009.02.
Pub.Hearing
TM 02-04
The Mayor stated it was the time and place scheduled for a Public Hearing for
a Tentative Map request for a 22 lot industrial subdivision, on property zoned M2-
PUD (General Industrial-Planned Unit Development), on property located south of
Highway 152 at the terminus ofSilacci Way. Joe McCarthy, applicant, TM 02-04.
The staff report was noted and further explained by Planning Division Manger
Faus.
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Gartman
and carried (Councilman Velasco absent) to direct staff to prepare a resolution
approving TM 02-04.
The Mayor deviated from the regular order of the agenda to accommodate
interested persons in the audience.
Sports Park The Mayor noted a report on the LAFCO meeting action regarding the Urban
Service Area request for the Sports Park.
The staff report was noted and further explained by the City Administrator. He
noted four actions including 1) apply and construct Phase 1 & 2 ofthe Sports Park
in the County, 2) withdraw the annexation application, 3) withdraw the prezone
application, and 4) start the process for development of the ag mitigation plan.
Motion was made by Councilman Arellano, seconded by Councilman Gartman
and carried (Councilman Velasco absent) to develop the sports park in the county.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilmembers Pinheiro and Springer voting no, and Councilman
Velasco absent) to withdraw the Urban Service Area application.
The Mayor returned to the regular order of the agenda.
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Pub.Hearing The Mayor stated it was the time and place scheduled for a Public Hearing on
a prezone request for parcels at and near the southwest corner of Monterey Road
and Luchessa Avenue from County Ag. to R1IR3-PUD (Single Family
ResidentiallMedium Density Residential-Planned Unit Development) and C3
(Shopping Center Commercial). City of Gilroy, applicant, Z 02-10.
Councilman Gartman recused himself from discussion and vote on this issue
due to a conflict of interest that the location is in the vicinity of a prior
employer/business.
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing.
Samm Starr stated that she is not against the sports park, but is against
commercial in that area.
Mel Sornberger stated that he attended the LAFCO meeting. He stated that he
and his neighbors would like to be part of the process for development of this area.
Lee Wieder, representing the Blocher and Barberi families, stated that they
want to see the sports park built. He stated that it is critical to master plan the
entire area of the sports park and the neighboring properties. He commented that
the master planning and ag mitigation measures go hand in hand.
Richard Barberi stated that he would like to volunteer for the ag mitigation
task force.
The Mayor closed the Public Hearing.
Motion was made by Councilman Arellano, seconded by Councilman Morales
and carried (Councilmembers Gartman and Velasco absent) to withdraw the
prezone application Z 02-10.
Councilman Gartman returned to his seat at the dais.
Comprehensive The ,Mayor noted a continued request to consider revisions and adjustments to
Fee Schedule the Comprehensive Fee Schedule.
It was requested and Council concurred that six fees be frozen at their current
rate, including: Building Demolition at $280.00, Historical Building Demolition at
$602.00, Lot Change at $80.00, A & S Review-Residential Remodeling at
$360.00, A & S Review-Commercial and Miscellaneous Remodeling at $750.00,
and Minor Deviation Variance Review at $1,225.00.
Res.2002-75 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to adopt Resolution No. 2002-75
revising the Comprehensive Schedule of Fees charged by all departments of the
City, as revised.
RESOLUTION NO. 2002-75
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING
THE COMPREHENSIVE SCHEDULE OF FEES CHARGED BY ALL
DEPARTMENTS OF THE CITY.
PASSED AND ADOPTED this 21st day of October, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Bonfante
Gardens
The Mayor noted a resolution approving and authorizing the amendment of
certain subordinate lien bonds issued for the Bonfante Gardens project and
directing actions with respect thereto.
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The staff report was noted and further explained by Administrative Services
Director Dorn.
Res.2002-76 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Arellano voting no and Councilman Velasco absent) to
adopt Resolution No. 2002-76 approving and authorizing the amendment of
certain subordinate lien bonds issued for the Bonfante Gardens project and
directing actions with respect thereto.
RESOLUTION NO. 2002-76
A RESOLUTION APPROVING AND AUTHORIZING THE AMENDMENT
OF CERTAIN SUBORDINATE LIEN BONDS ISSUED FOR THE
BONF ANTE GARDENS PROJECT AND DIRECTING ACTIONS WITH
RESPECT THERETO.
PASSED AND ADOPTED this 21st day of October, 2002, by the following vote;
AYES: COUNCILMEMBERS: DILLON, GARTMAN, MORALES,
PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: ARELLANO
ABSENT: COUNCILMEMBERS: VELASCO
SPE 02-04 Councilman Pinheiro recused himself from discussion and vote on this item due
to his absence during the previous vote.
Res.2002-77 Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilmembers Pinheiro and Velasco absent) to adopt Resolution
No. 2002-77 approving SPE 02-04, an application for a Small Project Exemption
from the Residential Development Ordinance, APN 790-16-048, Sherrell Kirk,
applicant.
RESOLUTION NO. 2002-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SPE 02-04, AN APPLICATION FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE,
APN 790-16-048, SHERRELL KIRK, APPLICANT.
PASSED AND ADOPTED this 21 st day of October, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO and VELASCO
A/S 02-07
The Mayor noted Architectural & Site request for a PUD design review for a
new City fire station in a PF-PUD (Public Facility-Planned Unit Development)
zone, on property located at 880 Sunrise Drive. City of Gilroy, applicant,
AlS 02-07.
The staff report was noted and further explained by Planning Division Manager
Faus.
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 02-07.
The Mayor noted Item IX.B.2.e. and the outstanding effort on the part of
Firefighter Michael Pardini and Fire Captain Marc Stelling.
The following informational items were noted with no separate discussion on
same:
Customer Service:
Letter of appreciation from Steven F. Woodill, Chief, CDF/SCU to Mayor
Springer for the assistance provided in the 'Troy" fire;
A& C Com.
9-10-02
7985
Note regarding a telephone call from Tom Joyce to Jay Baksa expressing that
working with him over the years has been a great experience and he really
appreciated all that he has done for him;
Memo of commendation from Chief Giusiana to Officers Pat Sullivan, Jeff
Roccaforte, Ray Hernandez, and Erik Tiner; Corporal Kurt Ashley; and Sergeants
Noel Provost and Greg Flippo for their participation in the "Best of the West"
competition;
Email of appreciation from Rachel Munoz to Joshua Valverde for his
assistance with a bilingual presentation;
Letter of recognition from Firefighter Michael Pardini to Fire Captain Marc
Stelling for his leadership and professionalism during the Croy fire; and
Memorandum of commendation from Chief Giusiana to Support Service
Manager Kim Jenkins for completing the POST Master Instructor Development
Program.
Informational items:
Gilroy Economic Development Corporation minutes of September 13, 2002;
and
Police Chiefs Advisory Board Meeting minutes of September 18,2002.
The minutes of the Arts and Culture Commission meeting of September 10,
2002 were noted.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of September 3,2002
9-3-02 were noted.
Library Com.
9-11-02
P & R Com.
9-17-02
Sr.Adv.Bd.
9-16-02
Youth Com.
9-9-02
Council
Retreat
The minutes of the Library Commission meeting of September 11, 2002
were noted.
The minutes of the Parks & Recreation Commission meeting of September 17,
2002 were noted.
The minutes of the Senior Advisory Board meeting of September 16, 2002
were noted.
The minutes of the Gilroy Youth Commission meeting of September 9,2002
were noted.
The City Administrator requested direction as to the location of the Council
retreat in January, 2003. The Council requested that prices be obtained from the
Hilton and the IOOF Children's Home. He distributed a list of Special Projects &
Specific Plans for Council to consider.
Bd./Com. The Mayor noted City Commission and Board appointments effective
Appointments January 1,2003 to Expire December 31,2006.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to set December 4,2002 at 5:00 p.m. as
the deadline to receive applications, to set December 9,2002 at 6:00 p.m. for
candidate interviews, and set December 16, 2002 for appointments to be made.
Councilman Gartman requested an update on the proposed sign in the area of
the third fire station.
Councilman Arellano requested staff look at the traffic signal turning east (left)
proceeding south on Chestnut Street onto Tenth Street. It was noted that staff
would look at it.
7986
Adjournment
Councilman Morales apologized that he was not at the downtown study
session, and explained that he was attending a Juvenile Detention Reform meeting
as the City's representative. He stated that he also represented the City at the
ABAG Fall General Assembly meeting.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
OCTOBER 2002
21 Presentation by VTA- 6:00 p.m., Gilroy City Council Chambers
21 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
NOVEMBER 2002
4 Study Session - 2003 CDBG Prioritization Process - 6:00 p.m., Gilroy City
Council Chambers
4 Closed Session of the Council - Performance Evaluation of the City
Administrator - 6:15 p.m., Gilroy City Council Chambers
4 Study Session - Review of the League of California Cities Conference - 6:00
p.m., Gilroy City Council Chambers (Moved to December 2,2002)
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 Study Session - Update on the Paramedic Program - 6:00 p.m., Gilroy City
Council Chambers
18*Regular City Council Meeting -7:00 p.m., Gilroy 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 Study Session - Review of the League of California Cities Conference - 6:00
p.m., Gilroy City Council Chambers
2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
9 Interviews for Boards/Commissions - 6:00 p.m., Gilroy City Council
Chambers
10 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
24 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
JANUARY 2003
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 Annual Retreat - 8:00 a.m. to 4:00 p.m. (dinner to be held at 6:00 p.m. -
location to be determined), location of the retreat to be determined
11 Annual Retreat - 9:00 a.m. to 2;00 p.m., location to be determined
14 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 10: 18 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
/" v1
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/s/ " RHONDA PELLIN, CMC
City Clerk