Minutes 2002/11/04
Invocation
Posting
Agenda
Roll Call
7987
Regular Meeting
November 4,2002
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Greg Quirke, South Valley Community Church, gave the Invocation.
The City Clerk noted that the agenda had been posted on October 30,2002
at 9:44 a.m.
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, and Thomas W. Springer; Absent:
Councilmember Roland Velasco (ill) - 7:06 p.m.
The Mayor announced that the Closed Session held at 6: 15 p.m. would
conclude following the regular meeting. He noted that the study session at 6:00
was held with no action taken.
Under Orders ofthe Day, the Mayor stated that Item VII.C. would be
continued to November 18, 2002, since all of the legal paperwork has not been
received.
New Employee The Mayor introduced new employee Jason Hogue, Police Officer, Police
Department.
Proc.-Norm
Allen
The Mayor presented a proclamation to Norm Allen for Norm Allen
Recognition Day - October 11, 2002.
Proc.-Law Enf. The Mayor presented a proclamation to Alison Comerford for Law
Records Day Enforcement Records and Support Personnel Day - November 1, 2002.
Proc.-Hunger & The Mayor noted a proclamation for Hunger and Homelessness Awareness
Homeless Week - November 17-23, 2002, which was previously mailed to the recipient.
Employee Award The Mayor noted that the Employee Award for the Month of October, 2002
for Kurt Ashley, Police Corporal, Police Department, would be reagendized.
Gary Bowe The Mayor presented a Certificate of Appreciation to Gary Bowe in
recognition of his efforts in organizing and perpetuating "Project Share Life",
Rotary District 5170 Bone Marrow Program.
CMAP The Mayor noted an update on CMAP by Suzanne St. John.
Consent
Calendar
Minutes
Budget
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Chris Cote, W elburn Avenue, noted a petition being circulated regarding a
request to limit radio waves being emitted in the City limits. He noted that this
was specifically in response to a Conditional Use Permit request that was denied
by the Planning Commission. He distributed additional petition names.
Motion was made by Councilman Morales, seconded by Councilman Arellano
and carried (Councilmembers Dillon and Velasco absent) that the following items
under the Consent Calendar be approved, by the following Roll Call Vote: Ayes:
Councilmembers: Peter D. Arellano, Craig Gartman, Charles S. Morales, Al
Pinheiro, and Thomas W. Springer; Absent: Councilmembers: Robert T. Dillon
and Roland Velasco:
Minutes of the Regular Council Meeting of October 21,2002;
Budget Amendments/Transfers as recommended; and
7988
Claims
Library Com.
Report
Bid-Dump
Trucks
Bid-Police
Facility
Bid-Cardiac
Monitors
Denied claims of Karina Andrade and Richard Tuttleby;
Victor Valdez, member of the Library Commission, reviewed circulation at the
Library and various program attendance, including the Summer Reading Program.
He noted software and hardware upgrades to the library computers. He stated that
the decision on the grant should be heard soon. He noted the new Santa Clara
County Librarian will start in December, 2002. The Mayor asked for a letter
campaign to encourage approval of the library grant. Councilman Dillon agreed to
take the lead on this campaign.
The City Administrator presented a recommendation to purchase two (2) 2003
Model Year International 4400 2-axle dump trucks from Kurtt International
Trucks in the amount of$125,551.90.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to purchase two (2) 2003 Model Year
International 4400 2-axle dump trucks from Kurtt International Trucks in the
amount of$125,551.90.
The City Administrator presented a recommendation to award the bid for Site
and Utility Improvements for the new Gilroy Police Facility, Project No. 03-CDD-
103, to K. 1. Wood Construction in the amount of$1,008,000.00.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to award the bid for Site and Utility
Improvements for the new Gilroy Police Facility, Project No. 03-CDD-103, to K.
1. Wood Construction in the amount of$1,008,000.00.
The City Administrator presented a recommendation to purchase four (4)
Medtronic LifePak 12 Biphasic Cardiac Monitors from Medtronic Physio-Control
in the amount of$104,270.73.
Motion was made by Councilman Dillon, seconded by Councilman Gartman
and carried (Councilman Velasco absent) to purchase four (4) Medtronic LifePak
12 Biphasic Cardiac Monitors from Medtronic Physio-Control in the amount of
$104,270.73.
Res.2002-78 Motion was made by Councilman Dillon, seconded by Councilman Pinheiro
and carried (Councilman Velasco absent) to adopt Resolution No. 2002-78
approving TM 02-04, a Tentative Map to create twenty-one industrial and one
remainder parcel, APNs 841-17-004 and 841-17-080, Joe McCarthy, applicant.
RESOLUTION NO. 2002-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 02-04, A TENTATIVE MAP TO CREATE TWENTY-ONE
INDUSTRIAL AND ONE REMAINDER PARCEL, APNS 841-17-004 AND
841-17-080, JOE MCCARTHY, APPLICANT.
PASSED AND ADOPTED this 4th day of November, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Res.2002-79 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to adopt Resolution No. 2002-79
approving AlS 02-07, an application for Architectural and Site approval of a
Planned Unit Development (PUD) for a Fire Station on approximately 1.97 acres,
APN 783-20-050, City of Gilroy, applicant.
79.89
RESOLUTION NO. 2002-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AlS 02-07, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A
FIRE STATION ON APPROXIMATELY 1.97 ACRES, APN 783-20-050, CITY
OF GILROY, APPLICANT.
PASSED AND ADOPTED this 4th day of November, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Hwy. 152
The Mayor noted a Resolution supplementing Resolution No. 2000-91, "A
Resolution authorizing the issuance of special tax bonds, and approving and
authorizing related documents and actions." City of Gilroy Community Facilities
District No. 2000-1 (Highway 152).
The Mayor noted that this would be reagendized to November 18, 2002, since
all of the legal paperwork has not been received.
Councilman Gartman recused himself from discussion and vote on the next
item due to a conflict of interest that the location is in the vicinity of a prior
employer/business, and stepped down from the dais.
Res.2002-80 Motion was made by Councilman Morales, seconded by Councilman Arellano
and carried (Councilmembers Gartman and Velasco absent) to adopt Resolution
No. 2002-80 withdrawing Z 02-10, an application for prezoning of approximately
46.74 acres to R1/R2 (PUD) (Single Family and Low Density Residential) and C3
(Shopping Center Commercial) located west of Monterey Road and south of
Luchessa Avenue, APNs 808-21-026, 028, and 030, City of Gilroy, applicant.
RESOLUTION NO. 2002-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
WITHDRAWING Z 02-10, AN APPLICATION FOR PREZONING OF
APPROXIMATELY 46.74 ACRES TO R1/R2 (PUD) (SINGLE FAMILY AND
LOW DENSITY RESIDENTIAL) AND C3 (SHOPPING CENTER
COMMERCIAL) LOCATED WEST OF MONTEREY ROAD AND SOUTH OF
LUCHESSA AVENUE, APNS 808-21-026, 028, AND 030, CITY OF GILROY,
APPLICANT.
PASSED AND ADOPTED this 4th day of November, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, MORALES,
PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: GARTMAN and VELASCO
Councilman Gartman returned to his seat at the dais.
Kai S. Lai
The Mayor noted a letter of resignation from Kai S. Lai, Parks and Recreation
Commission member.
Motion was made by Councilman Gartman, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to accept the resignation with regrets.
Motion was made by Councilman Morales, seconded by Councilman Arellano
and carried (Councilman Velasco absent) to include this opening in the current
recruitment/application period.
The following informational items were noted with no separate discussion on
same:
799.0
SCRWA
9-24-02
....-
Amicus
Legislation:
League of California Cities Priority Focus #36-2002 dated October 1, 2002;
League of California Cities Priority Focus #37-2002 dated October 11, 2002;
and
League of California Cities Priority Focus #38-2002 dated October 25,2002.
Customer Service:
Letter of thanks from Emily Mardirosian, Gilroy Senior Advisory Board, to
Mayor Springer and members of the City Council for the beautiful patio tables;
Letter of thanks from Ron Chraft, California Department of Corrections, to Pat
Cooper for her assistance with an investigation;
Email of thanks from Sandra Sammut to Jay Baksa, Mayor Springer, Chief
Giusiana, Cherie Somavia, and Frank Carrubba for their support and commitment
to the Anti-Graffiti Program; and
Letters of appreciation from ChiefWoodill and Loyde Johnson to ChiefClet
and Division Chief Bozzo for assistance provided in the "Croy" Fire.
Informational items:
Letter from Dan McGough, General Manager, Charter Communications,
regarding their "senior" discount;
Article from the San Francisco Chronicle dated October 25, 2002 entitled
Forest Service agrees to hire more Latinos. (Provided by Councilman Arellano);
and
Community Development Department - Planning Division monthly report of
long-range applications and status ofRDO allocation & activity dated October 25,
2002.
The minutes of the South County Regional Wastewater Authority meeting of
September 24,2002 were noted.
The City Administrator requested topics for the City CouncillPolice
Department Mini-Retreat and also for the City Council Retreat. He requested the
December 2,2002 Study Session topic be changed to the Cultural Facilities Task
Force report on the siting and preliminary design of the Cultural Facility. He
stated the League of California Cities conference review will be incorporated into
the retreat agenda. Council agreed to have the Council retreat at the Hilton
Garden Inn, with dinner on Friday night at 6:00 p.m. at Mama Mia's Restaurant.
He distributed a memorandum from the Planning Division regarding appointing
"Power Task Force" groups for several special projects. Council will review this
concept.
The Mayor noted a request to join amicus curiae Petition and briefs on the
merit prepared on behalf of the City of Sacramento in the matter of Barden v. City
of Sacramento, United States Ninth Circuit Court of Appeals Docket Number: 0 l-
IS 744.
Consensus of the Councilmembers (Councilman Velasco absent) was to join an
amicus curiae Petition and briefs on the merit prepared on behalf of the City of
Sacramento in the matter of Barden v. City of Sacramento, United States Ninth
Circuit Court of Appeals Docket Number: 01-15744.
The Mayor noted a letter from Dividend Homes regarding development of the
Sargent Ranch, which is within the City of Gilroy Sphere of Influence. He
requested a study session be set for 6:00 p.m. on December 16, 2002.
7991
Councilman Dillon noted that tomorrow is election day, and asked everyone to
vote.
Councilman Morales encouraged all citizens to vote tomorrow.
Councilman Arellano stated that our citizens have the luxury to choose our
leaders, and asked everyone to vote tomorrow.
Councilman Pinheiro agreed with his colleagues.
Councilman Gartman requested everyone to exercise their right to vote. He
requested that Charter give another update in December, 2002.
The Mayor also encouraged everyone to vote.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
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 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
13 Study Session - Continued Discussion on City's Infrastructure, Including
Downtown - 6:00 p.m., Gilroy Senior Center Meeting Room
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 1 :00 p.m., Gilroy
Chamber of Commerce Meeting Room, 7471 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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
24 SCRW A 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 SCRW A 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
Adjournment At 8: 13 p.m. the Mayor adjourned the meeting to a continued closed session
pursuant to Government Code Section 54957:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Administrator
7992
At 8:30 p.m. the Mayor reconvened the meeting and announced that no action
had been taken in the Closed Session, and further adjourned the meeting at 8:31
p.m.
Respectfully submitted,
) ~
)/.
"'-A' f ; , ,;,
,,--t:Al )W~ { , 'J. AL'h.
/s/ RHONDA PELLIN, CMC
City Clerk