Minutes 2003/04/07
Posting
Agenda
Roll Call
Proc.-DeBell
Uvas Creek
Employee
Award
8049
Regular Meeting
April 7, 2003
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the agenda had been posted on April 2, 2003
at 2:55 p.m., and the Addendum to the agenda was posted on April 2, 2003 at
3:50 p.m.
Present: Councilmembers: Peter D. Arellano (arrived at 7:22 p.m.), Robert T.
Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and
Thomas W. Springer - 7:05 p.m.
Under Orders of the Day, the Mayor noted that Item III.K. would be pulled
and Item VII.A. would be moved to follow Item V.
The Mayor noted a proclamation for DeBell Uvas Creek Park Preserve, which
will be presented to the recipient on April 9, 2003.
The Mayor presented the Employee Award for the Month of March, 2003,
to Ruth Crowder, Police Records Technician II, Police Department.
Proc.-Arbor Day The Mayor presented a proclamation for Arbor Day - April 19, 2003 to Chris
Orr on behalf of Todd Barreras.
Proc.-Child The Mayor presented a proclamation for Child Abuse Awareness Month-
Abuse April, 2003 to Betty Garcia.
Awareness Month
Charter Com-
munications
Consent
Calendar
Minutes
Budget
Res.2003-21
John Adams, Charter Communications, gave an update on the status of the
rebuild and answered questions posed by Councilmembers.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda. There was no comment from anyone in the audience.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried that the following items under the Consent Calendar be approved,
removing Item III.K. Property Improvement Agreement No. 2003-05, Tract 9483,
Church Street Homes, by the following Roll Call Vote: Ayes: Councilmembers:
Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al
Pinheiro, Roland Velasco and Thomas W. Springer:
Minutes ofthe Regular Council Meeting of March 17,2003;
Budget Amendments/Transfers as recommended;
Adopted Resolution No. 2003-21 establishing an all-way stop at the
intersection of Second Street and Eigleberry Street in the City of Gilroy pursuant
to Section 15.40 of the City Code;
RESOLUTION NO. 2003-21
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF
SECOND STREET AND EIGLEBERRY STREET IN THE CITY OF GILROY
PURSUANT TO SECTION 15.40 OF THE CITY CODE.
PASSED AND ADOPTED this 7th day of April, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
80~O
Accept. Impr.
9015 Murray
Accepted Improvements, 9015 Murray Avenue, Augustine Melia;
Parcel Map Parcel Map, 6395 Miller Avenue, Kenneth Thomas;
6395 Miller Avenue
Res.2003-22 Adopted Resolution No. 2003-22 approving the application for land and water
conservation funds for the Los Arroyos Park Playground Project;
RESOLUTION NO. 2003-22
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING
THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS
FOR THE LOS ARROYOS P ARK PLAYGROUND PROJECT.
PASSED AND ADOPTED this 7th day of April, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2003-23 Adopted Resolution No. 2003-23 supporting the National Affordable Housing
Trust Fund Act of2003, HR 1102;
Joint Use of
Gymnasium
Claim
RESOLUTION NO. 2003-23
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
SUPPORTING THE NATIONAL AFFORDABLE HOUSING TRUST FUND
ACT OF 2003, HR 1102.
PASSED AND ADOPTED this 7th day of April, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
City of Gilroy-Gilroy Unified School District Agreement for Development and
Joint Use of a Gymnasium at Ascension Solorsano Middle School;
Denied claim of Elaine Medina;
Prop.Impr.Agr. Property Improvement Agreement No. 2003-04, Tract No. 9487, Gilroy
No.2003-04 Crossings, Regency Realty Group, Inc., a Florida Corporation; and
Tract 9487
AlS 02-26
Coastal Rim
A& C Com.
3-11-03
Public Art
Mural
The Mayor deviated from the agenda to accommodate interested persons in the
audience.
The Mayor noted an Architectural & Site Review Planned Unit Development
request of an Alzheimer's/ assisted living facility, located at the southwest corner
of Santa Teresa Boulevard and Hecker Pass Highway, on property zoned R3/PUD
(Medium Density Residential! Planned Unit Development). Coastal Rim
Properties, applicant, A/S 02-26.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to continue this request to April 21, 2003, at staff's request, for
additional time to review the submittals.
The report of the Arts and Culture Commission meeting of March 11, 2003
was noted.
The Mayor noted a request to approve the concept for the proposed "past" and
"future" public art mural panels on the City-owned wall at ih and Monterey
Streets.
Pub.Hearing
CDBG
8051
Arline Silva reviewed the project and introduced Nancy Grieves, artist, who
reviewed the additional two panels for the mural.
Motion was made by Councilman Morales, seconded by Councilman Gartman
and carried to approve the concept for the proposed "past" and "future" public art
mural panels on the City-owned wall at 7th and Monterey Streets.
The Mayor returned to the regular order of the agenda.
The Mayor stated it was the time and place scheduled for a Public Hearing to
review the proposed 2003-2004 Community Development Block Grant (CDBG)
Public Service funding allocations (One- Year Action Plan).
The staff report was noted and further explained by HCD Coordinator Roaf
Sam Bozzo thanked the HCD staff for their work, which made the work of the
CAC much easier. He reviewed the process and recommendations.
The Mayor opened the Public Hearing.
Donna DiMinico, Catholic Charities, thanked the CAC and Council for
supporting their programs.
Angela Coventry, Community Solutions, thanked the Council for their past and
present support of La Isla Pacifica.
Sean Charpenier, Emergency Housing Consortium, extended their best wishes
to the Trimble Family and the City of Gilroy as they deal with the void left by the
passing of Florence Trimble. He stated that they continue to celebrate her life and
continue her vision. He noted that they hope to continue to provide housing and
services to homeless Gilroy residents. He stated that he was grateful for the
relationship with the City of Gilroy and the funding.
Cheryl Huguenor, Live Oak Adult Day Services, thanked the Council for their
continued support.
Eleanor Villarreal, Rebekah Children's Services, thanked the HCD staff and
CAC for their recommendation for funding. She thanked the Council for their
support.
Kirsten Blankenbecler, Santa Clara Family Health Foundation-Healthy Kids
Program, thanked the CAC for their recommendation. She reviewed the programs
provided by the Healthy Kids Program.
Second Harvest Food Bank thanked the Council for their support of the
Operation Brown Bag.
David Cox, St. Joseph's Family Center, thanked the Council for the strong
support over the years. He also thanked the HCD staff for their assistance. He
stated that they have become an independent 501(c)(3) non-profit agency.
The Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to adopt the CAC recommendations, and approve the Community
Development Block Grant Program Funding Cycle for 2003-2004 Program Year
as follows and to continue the Public Hearing to May 5, 2003 to consider adoption
of the 2003-2004 CDBG funding allocations (One-Year Action Plan):
Catholic Charities - Long Term Care Ombudsman
Catholic Charities - Daybreak Respite & Care Giver Support Services
Community Solutions - La Isla Pacifica
Economic & Social Opportunities - CAUSA Tutorial Program
Emergency Housing Consortium - Housing for Homeless Residents
$ 4,000
$ 4,000
$ 6,000
$ 4,000
$ 6,000
8052
HOPE Rehabilitation Services - Community Employment
Live Oak Adult Day Services - Adult Day Care
MACSA - Summer Day Camp 2003
Rebekah Children's Services - Teen Mom's Summer Program
Santa Clara Family Health Foundation - Healthy Kids Program
Second Harvest Food Bank - Operation Brown Bag
St. Joseph's Family Center - Housing & Family Services
Grant Administration - Project Sentinel - Fair Housing Services
Housing Trust Fund - Project Sentinel- TenantILandlord Counseling
$ 4,000
$ 4,000
$ 6,000
$ 4,000
$ 4,000
$ 5,000
$ 9,000
$ 9,000
$15,000
Open Space
Easement
Program
The City Attorney noted a report on a Proposed Policy to Implement the
Conservation and Open Space Easement Program set forth in the General Plan
CEQA Mitigation Approval as Partial Mitigation for Impacts to Prime Farmland or
Farmland of Statewide Importance on an Interim Basis.
Lloyd Martin stated that he has a project that has been in the works for a long
time. He stated that he would like the bonding to be at the building permit stage.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to approve the Interim Implementation Policy, with the modification to
the second bullet that the fund be identified as a "City" fund.
M 02-15 The Mayor noted an Ordinance of the City Council of the City of Gilroy
Newman Dev. approving a Development Agreement between the City of Gilroy and Newman
Group Development Group of Gilroy, LLC, for a regional shopping center project,
M 02-15.
Motion was made by Councilman Dillon, seconded by Councilman Gartman
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 Dillon, seconded by Councilman Gartman
and carried (Councilmembers Arellano and Morales voting no) to introduce an
Ordinance of the City Council of the City of Gilroy approving M 02-15.
Res.2003-24 Motion was made by Councilman Dillon, seconded by Councilman Pinheiro
and carried to adopt Resolution No. 2003-24 approving A/S 02-35, an application
for Architectural and Site approval of a Planned Unit Development (PUD) on
approximately 12.56 acres, APN 841-18-043, Newman Development Group,
applicant.
RESOLUTION NO. 2003-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 02-35, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPRO V AL OF A PLANNED UNIT DEVELOPMENT (PUD) ON
APPROXIMATELY 12.56 ACRES, APN 841-18-043, NEWMAN
DEVELOPMENT GROUP, APPLICANT.
PASSED AND ADOPTED this 7th day of April, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Z 03-01
Mission
Valley
Properties
The Mayor noted an Ordinance of the City Council of the City of Gilroy
approving an application for a change in zoning designation from Rl (Single
Family Residential) to RI-PUD (Single Family Residential-Planned Unit
Development) on approximately 6 acres, APNs 790-20-065,067, and 078, Steve
Riter, Mission Valley Properties, applicant, Z 03-01.
Motion was made by Councilman Morales, seconded by Councilman Dillon
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.
Bicycle/Ped.
Adv.Board
8053
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to introduce an Ordinance of the City Council of the City of Gilroy
approving Z 03-01.
The Mayor noted appointment of members to the Bicycle/Pedestrian Advisory
Board.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to appoint Gretchen Yoder-Schrock, Phil Buchanan, and Mike Will to
two-year terms expiring 12/31/04, and Mike Schaut to a one-year term expiring
12/31/03 to the Bicycle/Pedestrian Advisory Committee.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #9-2003 dated March 7,2003;
League of California Cities Priority Focus #10-2003 dated March 14, 2003;
League of California Cities Priority Focus #11-2003 dated March 21,2003;
League of California Cities Legislative Action Days, May 14-15,2003,
Sacramento; and
League of California Cities Priority Focus #12-2003 dated March 28,2003.
Customer Service:
Letter of thanks from Marilyn Simoneau to the City of Gilroy and specifically
Lupita Gaeta for allowing her to participate in the Energy Conservation Grant
Program, where she received a new refrigerator;
Letter of appreciation from Wendie Rooney for Joe Kline's assistance with
broadcasting various night meetings;
Email of thanks from Tim Filice to Wen die Rooney for facilitating a
neighborhood meeting;
Note of thanks from E. J. Kim, EMC Planning Group, Inc., to Laurie Loveless
for her help and being responsive to his requests;
Letter of thanks from Marguerite Wilbur, Joint Venture: Silicon Valley
Network, for the City of Gilroy's support; and
Email of thanks from Chris Orr to Lynne Conrotto for her great customer
service.
Informational items:
City of Gilroy Investment Report dated February, 2003;
Information regarding an all-way stop request at Bay Tree Drive-Lions Creek
Drive;
Information regarding an all-way stop request at Calle Del Rey-Pheasant
Drive;
Gilroy Economic Development Corporation minutes of February 14,2003;
Gilroy Visitors Bureau Board of Directors minutes of March 12,2003;
8054
A& C Com.
2-11-03
Planning Division Upcoming Applications Report; and
u.s. Department of Housing and Urban Development Monitoring Report, City
of Gilroy CDBG Program.
The minutes of the Arts and Culture Commission meeting of February 11,
2003 were noted.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of February 4,2003 were
2-4-03 noted.
Library Com.
2-12-03
P&RCom.
2-18-03
The minutes of the Library Commission meeting of February 12,2003 were
noted.
The minutes of the Parks & Recreation Commission meeting of February 18,
2003 were noted.
Personnel Com. The minutes of the Personnel Commission meeting of December 9,2002 were
12-9-02 noted.
Sr.Adv.Bd.
2-10-03
Youth Com.
2-10-03
The minutes of the Gilroy Senior Advisory Board meeting of February 10,
2003 were noted.
The minutes of the Gilroy Youth Commission meeting of February 10, 2003
were noted.
Downtown The City Administrator noted the Downtown Specific Plan interface with a
Specific Plan proposed EDA Grant.
& EDA Grant
Charter Com-
munications
Community Development Director Rooney reviewed the grant proposal.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to pursue the EDA grant and also ask the Downtown Task Force if
they wish to continue their work or hold offuntil October and re-group.
Councilman Pinheiro questioned the make-up of the Soundwall Task Force,
and Community Development Director Rooney explained the make-up and
direction for this Task Force.
The City Administrator requested and meetings were set for a Wireless
Communication Ordinance Workshop on June 9,2003 from 6:00 p.m. to 8:00
p.m. (changed to 6:30 p.m.), which will be televised, and a City CouncillPlanning
Commission Mini-Retreat on June 30,2003 from 6:00 p.m. to 8:00 p.m., both to
be held in the Council Chambers. He announced that the City had received a
$43,000 historical grant for ADA work for an elevator lift at the museum.
The Mayor noted a request to set a date for the "performance review" Public
Hearing regarding Charter Communications and discussion regarding invoking the
penalty phase for failure to meet the rebuild dates.
The Council agreed to set a workshop regarding Charter Communications for
May 27,2003 from 6:00 p.m. to 8:00 p.m. in the Council Chambers, which will be
televised. They also authorized sending a letter to Charter Communications that
they are not in compliance with their franchise.
Councilman Velasco questioned what the process was to notify neighbors of
the transmission tower meeting, and was told they would be notified by press
releases and mailings to interested persons.
Councilman Gartman stated that he is the representative on the VT A Policy
Advisory Committee and the Santa Clara County Cities Association Legislative
Action Committee, and that due to work issues he will not be able to continue as
the representative and requested this be agendized for new appointments at the
Adjournment
8055
next meeting. He noted the City flag design competition, and that there were only
two more weeks left to submit entries. He stated that the Memorial Day Parade is
coming up in two months. He noted that the schedule and application is on the
web site at gilroyparade.com.
Councilman Arellano questioned the Brownfield Site Assessment Funds being
available, and was told that this is for hazardous materials issues contamination.
He asked if the Old Cannery would be eligible, and was told that it would not fit
that category. He noted a couple of old gas station sites on Monterey Street at
Old Gilroy Street that he would like the Downtown Task Force to review to see if
anything can be done to assist them.
Councilman Dillon stated that Captain Eric Contreras was killed in the Gulf
War last week, noting that his family lived in Gilroy about ten years ago. He asked
citizens to support our troops.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
APRIL 2003
7 Budget Workshop - 6:00 p.m., Gilroy City Council Chambers
7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
8 Downtown Specific Plan Task Force Meeting - 6:00 p.m., City Council
Chambers
9 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
14 Study Session - PERS Discussion - 6:00 p.m., Gilroy Senior Center
16 Neighborhood District Task Force -7:00 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
23 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
28 Council Mini-Retreat - 6:30 p.m., Gilroy Senior Center
MAY 2003
5 Study Session - Building Process Performance Audit - 6:00 p.m., Gilroy City
Council Chambers
5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
13 Downtown Specific Plan Task Force Meeting - 6:00 p.m., City Council
Chambers
14 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
19 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers
19*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
28 Ag Mitigation Task Force -7:00 p.m., Gilroy City Council Chambers
JUNE 2003
2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
10 Downtown Specific Plan Task Force Meeting - 6:00 p.m., City Council
Chambers
11 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 Ouarterly Workshop with the Gilroy Unified School Board -7:00 p.m., Gilroy
Unified School District Administration Office Board Room, 7810 Arroyo
Circle, Gilroy
24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
25 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
At 9:25 p.m. the Mayor adjourned the meeting.
Respec~:IY sUb~itted, / .
~/tif,)uv i! i t.. CiA
/s/ RHONDA PELLIN, CMC
City Clerk