Minutes 2001/07/16
T
Invocation
Posting
Agenda
Roll Call
Promoted
Employees
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Regular Meeting
July 16, 200 I
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Alison Berry, Gilroy Methodist Church, gave the Invocation.
The Mayor announced that the Council had adjourned from a Closed Session
regarding Conference with Labor Negotiator, pursuant to Government Code
Section 54957.6 and that no action had been taken.
The City Clerk noted that the agenda had been posted on July 11, 2001
at 11:05 a.m.
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S.
Morales, Al Pinheiro, Roland Velasco, Anthony C. Sudol III, and Thomas W.
Springer - 7:00 p.m.
The Mayor noted that for Item VI.B. the action requested is only for the years
2002-2003. He stated that Item VII. B. will be continued to August 6, 2001. He
explained that Item v.c. will be heard after Item VI.D.
The Mayor introduced promoted employees Roberta Kyle, Administrative
Secretary, Community Development Department and Phaedra Hernandez,
Purchasing Coordinator, Administrative Services Department.
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New Employees The Mayor introduced new employees Rosanna Pellin, Office Assistant I,
Community Development Department and Bernhard Szilagyi, Firefighter, Fire
Department.
Emp. Award
The Mayor presented the Employee Award for the Month of June, 2001 to
Marilyn Guerin, Office Assistant II, Community Development Department.
Jesse Garcia
The Mayor noted a certificate for retired Arts & Culture Commissioner Jesse
Garcia, who was not present.
Proc.-Indian
Motorcycle
The Mayor presented a proclamation to Rich Sotelo for Indian Motorcycle
100th Birthday Celebration Day, July 4,2001.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Amos Brown stated that we have put our trust in the Council and noted that
we don't get what the City of Gilroy needs. He encouraged the Hispanic citizens
to vote. He questioned the money to be spent on the Police Officers' retirement.
He requested that citizens support the churches and the youth of our community.
He stated that his laptop was stolen and requested it be returned. He thanked the
Boy Scouts of America for cleaning up after the Arts Festival. He thanked
everyone that has given him support over the years.
(Councilmember G. Arellano left the Council Chambers at 7:20 p.m. and
returned at 7:24 p.m.)
Joseph A. Filice, 751 First Street, requested he be allowed to post a surety
bond, to replace a lien that was placed on his property. The City Attorney noted
that a bond can be posted with the court, and then the City can remove the lien.
Consent
Calendar
Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried that the following items under the Consent Calendar be approved,
removing Item III.A. Minutes of the Regular Council Meeting of July 2,2001, by
the following Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano, Peter
D. Arellano, Charles S. Morales, Al Pinheiro, Anthony C. Sudol, Roland Velasco,
and Thomas W. Springer:
Uncollectible
Accounts
Approved Write-Off of Uncollectible Utility Accounts;
Prop.Impr.Agr. Property Improvement Agreement No. 2001-31, 157 Unit RV Park, APN
No.2001-31 841-14-066, Howard Vierra;
Prop.Impr.Agr. Property Improvement Agreement No. 2000-38 and Parcel Map Tract No.
NO.2000-38 9021 (2 lots), APN 810-29-033, portion, Albert Fortino;
Tract 9021
Ord.2001-08 Adopted Ordinance No. 2001-08 Fixing Amount of Revenue from Property
Taxes Necessary to Pay Bonded or other Indebtedness of the City for 2001-2002;
ORDINANCE NO. 2001-08
ORDINANCE FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES
NECESSARY TO PAY BONDED OR OTHER INDEBTEDNESS OF THE
CITY FOR 2001-2002.
PASSED AND ADOPTED this 6th day of July, 2001, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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Ord.2001-09 Adopted Ordinance No. 2001-09 Fixing Ad Valorem Assessment for 2001-
2002 - Parking District NO.1 - First Division.
ORDINANCE NO. 2001-09
ORDINANCE FIXING AD VALOREM ASSESSMENT FOR 2001-2002-
PARKING DISTRICT NO.1 - FIRST DIVISION.
PASSED AND ADOPTED this 6th day of July, 2001, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Minutes
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried (Councilman Pinheiro absent) to approve the minutes ofthe Regular
Council Meeting of July 2, 2001.
Bid-Landscape The Mayor noted a request to enter into negotiations with Alpine Landscapes
Maintenance for the Landscape Maintenance Pilot Project, and if unsuccessful to negotiate with
Pilot Project Jensen Landscape Services.
Motion was made by Councilman Morales, seconded by Councilman Sudol and
carried to continue this request to August 6, 2001.
Bid- Traffic The City Administrator Protempore presented a recommendation to enter into
Signal Maint. negotiations with Republic Electric for Traffic Signal Maintenance and Street
&Street Light Light Maintenance, and if unsuccessful to negotiate with Peek Traffic Signal
Maintenance Maintenance.
Traffic Engineer Abrams explained that Peek Traffic Signal Maintenance has
been maintaining our traffic signals and street lights.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to enter into negotiations with Republic Electric for Traffic Signal
Maintenance and Street Light Maintenance, and if unsuccessful to negotiate with
Peek Traffic Signal Maintenance.
The Mayor deviated from the regular order of the agenda.
Pub. Hearing
Z 01-03
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Zoning Ordinance Text Amendment to the City of Gilroy's Zoning
Ordinance, specifically Sections 2.2 Definitions, and Section 50.60 (et seq.)
Residential Development. City of Gilroy, applicant, Z 01-03.
The staff report was noted and further explained by Planning Division Manager
Faus.
The Mayor opened the Public Hearing.
Amos Brown noted concerns with not having the specifics for a master plan or
specific plan.
The Mayor closed the Public Hearing.
At 9:00 p.m., the Mayor call for a recess, after which he recalled the meeting
to order.
Council agreed to modifications including 1) Section 50.62(b)(I) removing (d),
2) Section 50.62(b)(6) removing the words "pavement, curb, and gutter" from (a),
and 3) adding a new policy on master plan requirements.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and carried to direct staff to prepare an ordinance approving Z 01-03 as
modified.
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Pub.Hearing
M 01-09
Pub.Hearing
M 01-10
Councilman P. Arellano stated for the record that he did not appreciate last
minute changes.
Councilman Pinheiro stated for the record that he was upset, explaining that
even though the Council has study sessions, when staff brings forward a staff
report, there will always be the possibility that additional changes will be
presented.
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 years 2002 through 2003, M 01-09.
The staff report was noted and further explained by Planning Division Manager
Faus.
The Mayor opened the Public Hearing. There being no comment from the
audience, the Mayor closed the Public Hearing.
Motion was made by Councilman Sudol, seconded by Councilman Velasco and
carried to direct staff to prepare a resolution establishing Numerical Limits for the
years 2002 through 2003 at 232 units for 2002 and 243 units for 2003.
Motion was made by Councilman Sudol, seconded by Mayor Springer and
carried to hold no RDO competition for 2001 for the 2002-2003 cycle.
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 years 2004 through 2013, M 01-10.
The staff report was noted and further explained by Planning Division Manager
Faus.
(At 9:36 p.m. Councilman Velasco left the Council Chambers and returned at
9:38 p.m.)
The Mayor opened the Public Hearing. There being no comment from the
audience, the Mayor closed the Public Hearing.
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried that under the "small projects" category there shall be no
transfer or allocation of the last 50 units if they are not used by the end of year 10.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and carried to approve the allocations for the 10 years as modified as
follows: 2004 - 325 units, 2005 - 325 units, 2006 - 325 units, 2007 - 150 units,
2008 - 255 units, 2009 - 255 units, 2010 - 255 units, 2011 - 150 units, 2012-
255 units, and 2013 - 255 units.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to direct staff to prepare a resolution establishing Numerical Limits for the
years 2004 through 2013 as follows: set the 10 year Numerical Limit for 2004-
2013 at 3450 and the 5 year limit at 1380 dwelling units; set the 10 year allocation
as modified to be 2004 - 325 units, 2005 - 325 units, 2006 - 325 units, 2007 -
150 units, 2008 - 255 units, 2009 - 255 units, 2010 - 255 units, 2011 - 150 units,
2012 - 255 units, and 2013 - 255 units; set the exempt housing at 900 dwelling
units for four categories including "affordable" - 530 units, "senior housing" - 120
units, "affordable senior" - 100 units, and "small projects" - 150 units with the
caveat that the first 100 units cannot be considered for reallocation until the end of
the 10 year cycle and the remaining 50 units cannot be reallocated under any
conditions.
Pub. Hearing
M 01-02
Motion was made by Councilman Morales, seconded by Councilman Sudol and
carried to open the RDO competition for August and September, 2001 for the
2004-2013 cycle.
At 10:00 p.m. the Mayor called for a recess, after which he recalled the
meeting to order.
The Mayor stated it was the time and place scheduled for a Public Hearing to
consider the construction of a new Gilroy water tank to be located at the
northwest corner of Santa Teresa Boulevard and Miller Avenue. City of Gilroy
applicant, M 01-02.
The staff report was noted and further explained by Planning Division Manager
Faus.
The Mayor opened the Public Hearing. There being no comment from the
audience, the Mayor closed the Public Hearing.
Motion was made by Councilman Sudol, seconded by Councilman Morales 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 (3) 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 Sudol and
carried to direct staff to prepare a resolution approving construction of a new
Gilroy water tank.
The Mayor deviated from the regular order of the agenda.
Bid-Santa Teresa The City Administrator Protempore presented a recommendation to award the
& Miller bid for Project No. CDD-01-530, Santa Teresa and Miller Water Tanks to Pacific
Water Tanks Mechanical Corporation in the amount of $3,874,000.
Motion was made by Councilman Morales, seconded by Councilman P.
Arellano and carried to award the bid for Project No. CDD-01-530, Santa Teresa
and Miller Water Tanks to Pacific Mechanical Corporation in the amount of
$3,874,000.
The Mayor returned to regular order of agenda.
Plan. Com. Appt. The Mayor noted appointment of a Planning Commission member.
M 01-06
RDO
M 01-08
RDO
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and carried to appoint Thomas Boe to the Planning Commission.
The Mayor noted a Residential Development Ordinance (RDO) Affordable
Housing Exemption Procedure Policy. City of Gilroy, applicant, M 01-06.
Motion was made by Councilman Sudol, seconded by Councilman Pinheiro
and carried to continue the Housing Exemption Procedure Policy to August 6,
2001.
The Mayor noted a Residential Development Ordinance (RDO) Project Rating
Scale Policy. City of Gilroy, applicant, M 01-08.
The staff report was noted and further eXplained by Planning Division Manager
Faus.
Motion was made by Councilman Sudol, seconded by Mayor Springer and
carried (Councilmembers G. Arellano and Morales voting no) to direct staff to
prepare a resolution approving the RDO Project Rating Scale Policy with 19
categories, 200 points maximum with straight line rating, and modifying category
#3 to add a caveat that the Master Plan is allowed 15 points maximum and the
Specific Plan is allowed 18 points maximum.
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Z 01-04
The Mayor noted an Ordinance of the City Council of the City of Gilroy
adding a new Section 43 entitled "Street Merchandise" and a new Section 44
entitled "Street Furniture Objects" to the Gilroy Zoning Ordinance, and amending
Section 20.34, Article VI, of the Gilroy City Code entitled "Sidewalk
Obstructions" .
Motion was made by Councilman Pinheiro, seconded by Mayor Springer and
carried (Councilmember G. Arellano voting no) to approve Section 44.
Motion was made by Councilman Pinheiro, seconded by Councilman Velasco
and carried (Councilmembers P. Arellano, Sudol, and Springer voting no) to
approve Section 43.
Motion was made by Councilman Pinheiro, 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 Pinheiro
and carried (Councilmembers Sudol and Springer voting no) to introduce the
Ordinance approving Z 01-04 for Sections 43 and 44 of the Gilroy Zoning
Ordinance and Section 20.34 of the Gilroy City Code.
Councilman Sudol noted that the additional area is needed for wheelchair
access at the curb.
Contribution The Mayor noted an Ordinance of the City Council of the City of Gilroy
establishing a campaign contribution limit in municipal elections.
Motion was made by Councilman Pinheiro, 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 Pinheiro, seconded by Councilman Morales,
who withdrew his second and then Councilman Velasco seconded the motion to
include a friendly amendment by Councilman Sudol to add a voluntary expenditure
ceiling of$0.35 per resident and carried to introduce the Ordinance establishing a
voluntary expenditure ceiling of $0.35 per resident and establishing a contribution
limit of $250 (or $100 for those candidates who do not accept the voluntary
expenditure ceiling) with civil penalties, and to repeal Res. No. 83-25 and Res. No.
97-43, as amended.
Chuck O'Dell The Mayor noted a letter of resignation from Chuck O'Dell, Building Board of
Appeals member.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to accept the resignation with regrets,
Motion was made by Councilman Pinheiro, seconded by Councilman Velasco
and carried to accept applications during the regular application period starting in
September, 2001.
(Councilman P. Arellano left the Council Chambers at 11: 14 p.m. and returned
at 11: 16 p.m.)
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #24-2001 dated June 22,2001;
League of California Cities Priority Focus #25-2001 dated June 29,2001;
Letter to Senator Torlakson regarding support for SB 211; and
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Letter to Assemblymember Cogdill regarding support for ACA 10.
Customer Service:
Letter of appreciation from Jerry Tidwell, CHP, to Sergeant Robinson, Officer
Devlin, Reserve Officer Y nzunza, and Public Safety Communicators Carmen
Carpenter, Mark Forry, Niki Bruick and Misty Sampaolo for their assistance with
a recent armed robbery; and
Letter of thanks from Terry A. Gitlin, Santa Clara County Office of Emergency
Services, to Firefighter Roy Shackel for his excellent work as the Cupertino
Exercise Coordinator during a joint EOC exercise.
Informational items:
Community Development Department - Planning Division monthly report of
long-range applications and status ofRDO allocation & activity dated June 25,
2001;
Information from the Advisory Council , Council on Aging; and
Santa Clara County Census Insights Project, Census 2000 Data Report # 1.
All-Way Stop The City Administrator Protempore noted a report on a request for an all-way
stop control for Old Gilroy Street at either Alexander Street or Forest Street,
noting that there are no warrants for an all-way stop, but rather the City will be
painting red curbs in the area.
Community Development Director Allen reviewed the request.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and the motion was withdrawn to approve an all way stop at Forest and
Old Gilroy Streets.
Councilman Pinheiro questioned whether he needed to disqualify himself due
to his part in the IFDES and the City Attorney stated that he did not need to
abstain.
Councilmember G. Arellano stated that she has a conflict of interest due to the
proximity of her residence to this request, and stepped down from the dais.
Motion was made by Councilman P. Arellano, seconded by Councilman
Morales and carried (Councilmember G. Arellano absent) to approve an all way
stop at Forest and Old Gilroy Streets.
Motion was made by Mayor Springer, seconded by Councilman Morales to
have an all way stop at Alexander and Old Gilroy Streets, and the following
superceding motion took precedence.
Motion was made by Councilman P. Arellano, seconded by Councilman
Velasco and carried (Councilmember G. Arellano absent) to continue this request
to September 4, 2001.
Councilmember G. Arellano returned to her seat at the dais.
The City Attorney distributed a memorandum listing due dates for ballot
measures, arguments, rebuttals, and impartial analysis for the ballot measures.
Council agreed to agendize for August 6, 2001, to decide who will write the
arguments for the ballot measures.
The Mayor commended the GDDC, the Gilroy Street Rodders, and the other
organizers ofthe extremely successful Garlic City Fun Run held on Saturday.
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Councilman Pinheiro stated that the GDDC is having a pasta dinner on
September 15, 2001. He requested to agendize discussion on the Council agenda
or retreat to be more diligent in putting items on the agenda. He asked Council to
review the South Valley Disposal & Recycling franchise and the lien process,
because landlords are complaining that their tenants did not pay their garbage bill,
and they are having liens placed on their property. Council agreed to agendize this
discussion.
Councilmember G. Arellano agreed with everything said about the downtown
event on Saturday. She invited everyone to come to the pasta dinner on
September 15. He stated that Saturday started out with the Farmers Market and
continued through the car show at night. She noted a large amount of cyclone
fence going up in downtown, and when asked, the Planning Division said that it is
allowed. She noted a new business at the old cannery, All Pro Towing, which is
filling the street with cars for sale. She asked staff to look into the problem.
Councilman Velasco stated that the street sign is missing at Gary Street or one
of the streets near Las Animas School on Wren Avenue.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
JULY 2001
16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 Youth Commission Interviews -7:00 p.m., Gilroy City Council Chambers
24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
AUGUST 2001
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
14 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
20*Regular City Council Meeting CANCELLED
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (TENTATIVELY
CANCELLED)
SEPTEMBER 2001
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
11 SCRWAMeeting - 7:30 a.m., 1500 Southside Drive, Gilroy
17*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
21 Council Mini-Retreat re: Various Issues - 12:00 p.m., Temporary
Environmental Education Center (TEEC) building at the Ranch Site, Christmas
Hill Park, 7049 Miller Avenue, Gilroy, California
25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
OCTOBER 2001
1 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers
1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
9 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
15*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment At 11:52 p.m. the Mayor adjourned the meeting to a closed session pursuant to
Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: APN 810-39-002 (portion), 2.15 acres at the southwest corner of
Miller Avenue and Santa Teresa Boulevard. Eagle Ridge Development
Company, land owner.
Negotiating parties: Jay Baksa and Eagle Ridge Development Company
Under negotiation: Acquisition
At 12:02 a.m. the Mayor reconvened the meeting and announced that no
action had been taken in the Closed Session, and further adjourned the meeting at
12:03 a.m.
/s/ ONDA PELLIN
City Clerk