Minutes 2001/09/17
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Invocation
Posting
Agenda
Roll Call
Regular Meeting
September 17, 2001
Gilroy, California
The Mayor announced that members of the Gilroy High School Choir would
lead the audience in the singing of God Bless America, and asked that the audience
remain standing after the song for one minute of silence in remembrance of the
events of the last week.
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Mike Milwee, First Baptist Church, gave the Invocation.
Councilman Morales noted that we mourn for the lives lost last week. He
asked the citizens of Gilroy to understand our trauma and not to misplace any
anger to the citizens of diversity, because we are one community under God.
The Mayor read an "Open Letter to the Terrorists".
The City Clerk noted that the agenda had been posted on September 12, 2001
at 10:50 a.m.
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S.
Morales, Al Pinheiro, Roland Velasco, Anthony C. Sudol III, and Thomas W.
Springer - 7:05 p.m.
New Employee The Mayor introduced new employee Rex E. Wyatt, Sr., Chief Building
Official, Community Development Department.
John Holson
Constitution
Week
The Mayor presented a certificate to retired Building Board of Appeals
member John Holson.
The Mayor presented a proclamation for Constitution Week - September 17-
23, 2001 to Kathleen McNutt.
Councilman Pinheiro noted that the Constitution and another 27 or more
documents are hanging in the foyer put up by the Exchange Club. He asked
everyone to take the time to read the documents, which are copies of the originals.
IRCC, Inc. and The Mayor noted a proclamation commending the contributions of IRCC, Inc.
Loc Vu and Loc Vu which will be presented to the recipient on October 19,2001.
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The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda,
Clay Bentson, Captain, Gilroy Fire Department, distributed information on the
Fallen FDNY Firefighters Fund and read a statement from the Gilroy Firefighters.
He publicly thanked Councilmember G. Arellano for her table setup on Saturday
night at the Taste of Gilroy in remembrance of the fallen firefighters.
Amos Brown spoke on the dirty politics already occurring regarding the
election. He noted that he has documentation on the City cars, noting that the cars
are not accurately documented. He noted City expenditures. He asked for
support for fellow Americans.
The City Administrator noted an amendment to Item III.J. on the Consent
Calendar regarding the numbers for safety personnel.
Consent
Calendar
Motion was made by Councilman Morales, seconded by Councilmember G.
Arellano and carried that the following items under the Consent Calendar be
approved, with the amendment to Item III.J. Resolution Implementing IRC
414(h)(2) for all Exempt Non-Safety Employees, 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:
Minutes
Minutes of the Regular Council Meeting of September 4, 2001;
Claims
Denied claims of Refugio Ruiz, Paul Roa, and Benito Zamaripa;
Res.2001-59
Adopted Resolution No. 2001-59 to approve amended and restated Joint
Powers Agreement for Library Services.
RESOLUTION NO. 2001-59
RESOLUTION OF THE CITY OF GILROY TO APPROVE AMENDED AND
RESTATED JOINT POWERS AGREEMENT FOR LillRARY SERVICES.
PASSED AND ADOPTED this 17th day of September, 2001, by the following
vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Parcel Map
Tract 8853
Approved Parcel Map, Lot C of Tract 8853, Carriage Hills Unit 2;
Parcel Map
GUSD
Approved Parcel Map - Lands of the Gilroy Unified School District, Lots 14,
15, 16, and portion of Lot 11, "Map ofJas. A. Clayton & Co.'s Subdivision of Las
Animas Ranch Lot 31 and a part of Las Animas Ranch Lot 30;
Prop.Impr.Agr. Property Improvement Agreement No. 2001-52 and Improvement Plans,
2001-52 Murray Avenue, APN 835-02-017, Augustine Melia;
MOU-POA Memorandum of Understanding between the City of Gilroy and the Gilroy
Police Officers Association, Inc., Police Unit, July 1,2001 - June 30, 2006;
Res.2001-60 Adopted Resolution No. 2001-60 establishing the salary schedules for the
Gilroy Police Officers Association employees for the time period July 1,2001
through June 30, 2006;
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RESOLUTION NO. 2001-60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ESTABLISHING THE SALARY SCHEDULES FOR THE GILROY POLICE
OFFICERS ASSOCIATION EMPLOYEES FOR THE TIME PERIOD JULY 1,
2001 THROUGH JUNE 30, 2006.
PASSED AND ADOPTED this 17th day of September, 2001, by the following
vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2001-61 Adopted Resolution No. 2001-61 establishing the July 1,2001 and January 1,
2002 salary schedules for exempt personnel;
RESOLUTION NO. 2001-61
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ESTABLISHING THE JULY 1,2001 AND JANUARY 1,2002 SALARY
SCHEDULES FOR EXEMPT PERSONNEL.
PASSED AND ADOPTED this 17th day of September, 2001, by the following
vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2001-62 Adopted Resolution No. 2001-62 implementing Internal Revenue Code
41 ~(h)(2) for all exempt non-safety employees, as amended.
RESOLUTION NO. 2001-62
RESOLUTION FOR IMPLEMENTATION OF INTERNAL REVENUE CODE
414(H)(2) FOR ALL EXEMPT NON-SAFETY EMPLOYEES.
PASSED AND ADOPTED this 17th day of September, 2001, by the following
vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
M 01-06
The Mayor noted a Resolution of the City Council of the City of Gilroy setting
the criteria and guidelines for the Affordable Housing Exemption provided in the
City of Gilroy Zoning Ordinance.
The staff report was noted and further explained by Planner II Durkin.
Res.200 1-63 Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to adopt Resolution No. 2001-63 setting the criteria and guidelines for the
Affordable Housing Exemption provided in the City of Gilroy Zoning Ordinance.
RESOLUTION NO. 2001-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SETTING THE CRITERIA AND GUIDELINES FOR THE AFFORDABLE
HOUSING EXEMPTION PROVIDED IN THE CITY OF GILROY ZONING
ORDINANCE.
PASSED AND ADOPTED this 17th day of September, 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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Charter Com. The Mayor noted a request by Charter Communications for waiver of the
undergrounding requirements as per Section 24.25(i)(9)a. of the Gilroy Municipal
Code.
The Mayor and the City Administrator noted that Charter has requested a
continuance to October 1, 2001, due to transportation issues.
The staff report was reviewed by Community Development Director Allen.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Pinheiro and carried to continue the request to October 15, 2001.
NS 01-02
Alamo Group
The Mayor noted a PUD Architectural and Site review to develop a 13,000
square foot commercial building within the existing Alamo Plaza shopping center,
located at 8777 San Ysidro Avenue on 8.5 acres in a C3/MI-PUD (Shopping
Center CommerciallLimited Industrial-Planned Unit Development) zone. Alamo
Group, applicant, NS 01-02.
The staff report was noted and further explained by Planner II Durkin noting a
change to condition # 17 and adding a condition # 19 by the Planning Commission.
Councilmember G. Arellano requested to add Condition #20 that the entrance
and exits are clearly marked.
Mark Sweeney addressed the signage concerns noting that they will not be
asking for additional signage variances. He noted improvements to the parking lot
and entrance signage.
Bill Wood clarified some signage and landscaping issues. He noted articulated
areas on the west wall, facing the freeway.
Harold Hayes, Fresh Choice, noted that they are excited to become part of the
community.
Bill Lindsteadt, Economic Development Corporation, noted that he has been
working several months to try to get this restaurant to Gilroy. He stated that he is
very happy to get this flagship restaurant in Gilroy.
Motion was made by Councilman Pinheiro, seconded by Councilman Sudol
and carried to certify the Final Environmental Impact Report as completed in
compliance with CEQA and that it reflects the independent judgment of the City.
Motion was made by Councilman Pinheiro, seconded by Councilman Sudol
and carried to direct staff to prepare a resolution approving NS 01-02.
M 01-07
Design
Policy
The Mayor noted review ofa proposed draft of the Multi-Family Residential
Design Policy. City of Gilroy, applicant, M 01-07.
The staff report was noted and further explained by Planner I Polubinsky.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to direct staff to prepare a resolution approving the Multi-Family
Residential Design Policy.
Councilman Velasco thanked staff for their presentation, staff report, and email
addresses that have been placed on the staff report.
At 8:45 p.m. the Mayor called for a recess, after which he recalled the meeting
to order.
Library Exp. The Mayor noted necessary actions subsequent to the library expansion study
session held on Tuesday, September 4,2001.
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MA 01-01
Matuszak
MA 01-02
Dorn
The City Administrator gave an update on the Library Expansion process and
noted a letter received today from the Home Builders Association requesting to be
a part of the outreach.
Motion was made by Councilman P. Arellano, seconded by Councilman
Morales and carried to direct staff to proceed with the necessary steps to initiate a
Library Impact Fee.
Motion was made by Councilman Sudol, seconded by Councilman P. Arellano
and carried to approve recommended Library Design Expansion Alternate #5.
Motion was made by Councilman Morales, seconded by Councilman P.
Arellano and carried to direct staff to prepare a budget amendment for
approximately $736,000 necessary to fund Phase II Library Design and Grant
Application services for selected Design Alternate #5.
The Mayor noted a request to allow property located at 555 Fifth Street to
enter into a Mills Act property tax relief contract with the City of Gilroy, David
and Linda Matuszak, applicants, MA 01-01.
The staff report was noted and further explained by Planner II Durkin.
Connie Rogers, Gilroy Historical Society President, noted a workshop held in
March, 2001 on the Mills Act. She noted that this is a small investment that will
reap big benefits in the future, She noted that this is a tool that could help the
downtown. She asked that these applications be approved.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Sudol and carried to approve entering into a Mills Act property tax relief contract
with the City of Gilroy, David and Linda Matuszak, applicants, MA 01-01, subject
to two conditions.
The Mayor noted a request to allow property located at 7544 Princevalle
Street to enter into a Mills Act property tax relief contract with the City of Gilroy,
Michael and Doris Dorn, applicants, MA 01-02.
The staff report was noted and further explained by Planner II Durkin.
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried to approve entering into a Mills Act property tax relief
contract with the City of Gilroy, Michael and Doris Dorn, applicants, MA 01-02,
subject to two conditions.
Caltrain P AB The Mayor noted a request by the Santa Clara Valley Transportation Authority
to re-designate an appointee to the Caltrain Policy Advisory Board (PAB).
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried to re-designate Mayor Springer to the PAB.
Mayor Springer noted Item IX.B.1.a. on SB910 and SB262 stating the need to
lobby our legislators.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #33-2001 dated August 24,2001;
League of California Cities Priority Focus #34-2001 dated August 31, 2001;
League of California Cities Priority Focus #35-2001 dated September 7,2001;
and
Plan. Com.
9-6-01
SCRWA
8-28-01
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Letter of support of AB 1150 which would give the State and local
governments the authority to negotiate the terms under which telecommunications
companies use public rights-of-way, including the payment of reasonable
compensation.
Customer Service:
Letter of thanks from Father Dan Derry, St. Mary Parish, to Jay Baksa for
participating in a recent St. Mary Leadership Day;
Letter of thanks from Vicki Brinkman, Development Director, St. Mary
School, to Jay Baksa for sharing information about Gilroy and its future at the St.
Mary School Leadership Day;
Letter of thanks to Jay Baksa on behalf of all the members of the Cities
Association Board of Directors for representing the cities in negotiations for
Emergency Medical Services with the County of Santa Clara and AMR; and
Note of thanks from Art Gillespie to Jay Baksa for the kind words and MCing
his retirement party.
Informational items:
Information from the Advisory Council of the Council on Aging;
Gilroy Economic Development Corporation minutes of August 10, 2001; and
Gilroy Visitors Bureau, Inc. minutes of August 14,2001.
The report of the Planning Commission meeting of September 6, 2001 was
noted.
The minutes of the South County Regional Wastewater Authority meeting of
August 28, 2001 were noted.
Personnel Com. The minutes of the Personnel Commission meeting of August 13, 2001 were
8-13-01 noted.
The City Administrator gave an update on the Council retreat dates, and
Council preferred to have the retreat on January 18/19,2002. He noted a possible
meeting with the Gilroy Unified School District Board on November 14,2001.
Council agreed to a study session on the Hecker Pass Specific Plan for Thursday,
November 15,2001 at 7:00 p.m. The City Administrator noted on Friday,
November 16, 2001 from 9:00 a.m. to noon the Police Department Mini-Retreat
has been scheduled. He stated that on Monday, October 29,2001 at 7:00 p.m.
there will be a briefing of the Cultural Facility Task Force. He commented on
agenda items for this Friday's mini-retreat and distributed the Administrative
Department Director's report on delinquency liens.
The Mayor noted an application for a two day Redevelopment Workshop. He
commented on the outstanding event in downtown on Saturday.
Councilman Morales noted on-going discussions regarding land use and the
division it has provided. He commented on the need for compromise.
Councilman Pinheiro dittoed the Mayor's comments.
Councilmember G. Arellano also dittoed the comments regarding Saturday's
event. She questioned whether the City could post on Channel 17 information on
weatherizing your home and resources that are available. She questioned whether
the information on the firefighters could be placed on Channel 17, and was told
that it is already on.
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Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and carried to disseminate information on weatherizing your home and
resources that are available.
The Mayor noted that the leftover food from Saturday went to the Fire
Department, the Police Department, and Communications.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
SEPTEMBER 2001
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
24*Study Session - RDA - 7:00 p.m., Gilroy City Council Chambers
25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
26 Ouarterly Workshop with the Gilroy Unified School Board -7:00 p.m., GUSD
Board Room, 7810 Arroyo Circle, Gilroy
OCTOBER 2001
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 Study Session - Economic Incentives - 6:00 p.m., Gilroy City Council
Chambers
15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
NOVEMBER 2001
5 Study Session-2002 CDBG Prioritization Process - 6:00 p.m., City Council
Chambers
5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
26*City CouncillPlanning Commission Joint Special Meeting - General Plan and
EIR - 6:00 p.m., Gilroy City Council Chambers
27 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
DECEMBER 2001
3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
11 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
10 Interviews for Boards/Commissions - 7:00 p.m., Gilroy City Council
Chambers
17*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy - CANCELLED
Adjournment At 9:50 p.m. the Mayor adjourned the meeting.
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/s/ RHONDA PELLIN
City Clerk