Minutes 2003/04/21
8056
Invocation
Posting
Agenda
Roll Call
Regular Meeting
April 21, 2003
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Gerald Harris, Bethany Church of God, gave the Invocation.
The City Clerk noted that the agenda had been posted on April 16, 2003
at 3 :00 p.m.
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W.
Springer -7:10 p.m.
Proc. - Volunteer The Mayor presented a proclamation for Volunteer Month - April, 2003 to
Month Sandra Sammut.
Vol. Award The Mayor presented the Volunteer of the Month of March, 2003 award to Pat
Moore.
Recycler of the The Mayor noted a presentation by South Valley Disposal & Recycling, Inc. of
Year the 2002 Business Recycler of the Year to Rebekah Children's Services and of the
2002 Residential Recycler ofthe Year to the Pena-Gonzalez Family (not present).
Gilroy Visitors The Mayor noted an update by Kirsten Carr regarding the Gilroy Visitors
Bureau Bureau.
Consent
Calendar
Minutes
Ord.2003-03
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, 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 of the Regular Council Meeting of April 7, 2003;
Adopted Ordinance No. 2003-03 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.
ORDINANCE NO. 2003-03
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.
PASSED AND ADOPTED this 21st 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. 2003-25 Adopted Resolution No. 2003-25 approving TM 02-07, a Tentative Map to
subdivide an approximately 6 acre site into 31 residential lots located at 8496 and
8530 Kern Avenue, APNs 790-20-065, 067, 078. Mission Valley Properties,
applicant.
8057
RESOLUTION NO. 2003-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 02-07, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 6 ACRE SITE INTO 31 RESIDENTIAL LOTS LOCATED
AT 8496 AND 8530 KERN AVENUE, APNS 790-20-065, 067, 078. MISSION
VALLEY PROPERTIES, APPLICANT.
PASSED AND ADOPTED this 21st 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. 2003-26 Adopted Resolution No. 2003-26 approving A/S 02-27, an application for
Architectural and Site approval of a Planned Unit Development (PUD) on
approximately 6 acres, APNs 790-20-065,067,078. Mission Valley Properties,
applicant.
RESOLUTION NO. 2003-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 02-27, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON
APPROXIMATELY 6 ACRES, APNS 790-20-065, 067, 078. MISSION
VALLEY PROPERTIES, APPLICANT.
PASSED AND ADOPTED this 21st 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. 2003-27 Adopted Resolution No. 2003-27 appointing Michael K. Cooper, a professional
engineer, as acting City Land Surveyor pursuant to Govt. Code Section 66416.5.
RESOLUTION NO. 2003-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPOINTING MICHAEL K. COOPER, A PROFESSIONAL ENGINEER, AS
ACTING CITY LAND SURVEYOR PURSUANT TO GOVT. CODE SECTION
66416.5.
PASSED AND ADOPTED this 21st day of April, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Bid-Corp.Yard The City Administrator presented a recommendation to reject all bids and
Improve- re-bid the Corporation Yard Improvements, Project No. 03-CDD-I02.
ments
Motion was made by Councilman Velasco, seconded by Councilman Dillon
and carried to reject all bids and re-bid the Corporation Yard Improvements,
Project No. 03-CDD-I02.
Bid-Santa The City Administrator presented a recommendation to award the bid to
Teresa/Fifth Giacalone Electric in the amount of$823,277.00 for the Santa Teresa/Fifth Street
Street Under- Undergrounding Project, Project No. 03-CDD-l16.
grounding
Project Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to award the bid to Giacalone Electric in the amount of $823,277.00
for the Santa Teresa/Fifth Street Undergrounding Project, Project No. 03-CDD-
116.
8058
Pub.Hearing
Z 00-08
Pub. Hearing
A 00-01
AlS 02-26
M 02-15
Ord. 2003-04
M 02-15
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Pre-zone request to RI-PUD and PF (Single Family Residential-
Planned Unit Development and Park-Public Facility), on property located at 850
Day road. Glen Lorna Group, applicant, Z 00-08.
The staff report was noted and further explained by Planner II Durkin.
Motion was made by Councilman Morales, seconded by Councilman Arellano
and carried to continue this application to June 2, 2003 at the request of the
applicant.
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on an annexation request for 66.4 acres, located at 850 Day Road. Glen
Lorna Group, applicant, A 00-01.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to continue this application to June 2, 2003 at the request of the
applicant.
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 ResidentiaV Planned Unit Development). Coastal Rim
Properties, applicant, A/S 02-26.
Councilman Velasco recused himself from discussion and vote on this issue
because of a conflict of interest due to the proximity of his primary residence to
this development, stepped down from the dais, and left the room.
The staff report was noted and further eXplained by Planner II Durkin.
Motion was made by Councilman Arellano, seconded by Councilman Morales
and carried (Councilman Velasco absent) to direct staff to prepare a performance
agreement with the applicant.
Councilman Velasco returned to his seat at the dais.
The Mayor noted an Ordinance approving a Development Agreement between
the City of Gilroy and Newman Development Group of Gilroy, LLC, for a regional
shopping center project, M 02-15.
The following citizens spoke in opposition to this request: Connie Rogers,
Dave Matt, Steve Jones, Rose Barry, Ellyn Atkins, Carmen Soto, Mike Correa,
Bruce Morasca, Carol Criss, Dave Harlan, Felicia Rosas, and George Rosas.
George Akel stated that he hoped that the development agreement will be
approved tonight.
Bill Lindsteadt stated that his job is to promote and facilitate new business
development in Gilroy. He explained that no cash or check is being given to
Newman, but rather credit is given for public infrastructure costs, calculated
against new business leases. He stated that the development impact fees are very
high in Gilroy. He noted that other cities put in the infrastructure and then invite
development to come in. He stated that Newman is doing the infrastructure and
this is why they are requesting the development agreement. He noted the positives
that WalMart will provide to this community if it is allowed to expand.
Motion was made by Councilman Dillon, seconded by Councilman Gartman
and carried (Councilmembers Arellano and Morales voting no) to adopt Ordinance
No. 2003-04 approving a Development Agreement between the City of Gilroy and
Newman Development Group of Gilroy, LLC, for a regional shopping center
project, M 02-15.
Z 02-03
8059
ORDINANCE NO. 2003-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
GILROY AND NEWMAN DEVELOPMENT GROUP OF GILROY, LLC, FOR
A REGIONAL SHOPPING CENTER PROJECT, M 02-15.
PASSED AND ADOPTED this 21st day of April, 2003, by the following vote;
AYES: COUNCILMEMBERS: DILLON, GARTMAN, PINHEIRO,
VELASCO and SPRINGER
NOES: COUNCILMEMBERS: ARELLANO and MORALES
ABSENT: COUNCILMEMBERS: NONE
At 8:55 p.m. the Mayor called for a recess after which he recalled the meeting
to order.
The Mayor noted an Ordinance of the City Council of the City of Gilroy to
rezone certain parcels to conform to the City's new General Plan categories.
Councilman Pinheiro recused himself from discussion and vote on this issue
due to property ownership in area #20, stepped down from the dais, and left the
room.
Motion was made by Councilman Gartman, seconded by Councilman Dillon
and carried (Councilman Pinheiro absent) 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 Morales
and carried (Councilman Arellano voting no and Councilman Pinheiro absent) to
introduce an Ordinance of the City Council of the City of Gilroy approving Z 02-
03 to change the Zoning designation of certain parcels within the City to General
Plan designation.
Councilman Pinheiro returned to his seat at the dais.
League of Calif The Mayor noted a request for designation of a voting delegate for a special
Cities Voting meeting (May 15, 2003) ofthe League of California Cities General Assembly.
Delegate
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to designate Mayor Springer as the voting delegate and Councilman
Morales as the alternate voting delegate for a special meeting (May 15,2003) of
the League of California Cities General Assembly.
Councilman Dillon noted Item IX.B.2.c., that he had attended the presentation
by Ed Bozzo, and that the City should be very proud of him for his
accomplishments.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #13-2003 dated April 4, 2003.
Customer Service:
Letter of congratulations on a job well done from William Lansdowne, Chief of
Police, City of San Jose, to Officers John Mama and Wes Stanford on their
excellent police work;
Letter of thanks from Cathy Mirelez to Trudie Conrotto, Kermit DeLaurant,
Jeanne Gage, Andrea Habing, Dia Hoshida, Karen LaCorte, Al Navaroli, Carol
Peters, Arline Silva, Caryn Smith, Shawn Weymouth and Richard Young for their
assistance during the annual "Young Artists Show";
8060
SCRWA
3-11-03
All-Way Stop
Control
Council
Appts.
Letter of thanks from Phyllis Armenta to Fire Captain Ed Bozzo for the
presentation on arson investigation at the San Jose District of the California
Association of Licensed Investigators dinner meeting;
Letter of appreciation from Kai S. Lai and the members of the GATE Academy
Science Class to Paul Roy, James Gasser, and staff for the tour of the wastewater
treatment facility;
Letter ofthanks from Jeffrey L. Clet, Gilroy Fire Chief, to Joe Kline for the
time spent taking pictures and videotaping events;
Email of thanks from Bill Headley to Gerry Dutra for the extra effort and
willingness to stop at a San Jose PG&E office on the way into work and pick up
needed electrical plans;
Note ofthanks from Phil Buchanan to Jay Baksa for all the City support in
honoring Dennis DeBell, specifically Bob Connelly and his staff, noting that Chris
Orr went the "extra mile" making the signs and monument happen;
Letter of thanks from Larry Wolfe, City of Santa Clara, to John Garcia for
volunteering at the 2003 c.P.R.S. conference;
Email of thanks from Kathy McHenry to Lisa Jensema for her hard work on
the Earth Day festivities;
Email ofthanks from Sara Laufer to Officer Doug Remmick and Officer Brian
Dutton for their help and compassion; and
Email of thanks from Lisa Jensema to Judy Mireles-Janisch for her help with at
the Earth Day event.
Informational items:
Information from the Advisory Council of the Council on Aging;
Information from the Commission on Peace Officer Standards and Training
regarding cancellation of POST training contracts; and
City of Gilroy Investment Report dated March, 2003.
The minutes of the South County Regional Wastewater Authority meeting of
March 11, 2003 were noted.
The City Administrator distributed information for the special meeting for next
Monday, April 28, 2003, regarding 5 Day Furniture Warehouse.
The Mayor noted a request for an all-way stop control at Bay Tree Drive and
Lions Creek Drive.
Motion was made by Mayor Springer, seconded by Councilman Morales and
carried (Councilmembers Arellano, Pinheiro and Velasco voting no) to approve an
all-way stop control at Bay Tree Drive and Lions Creek Drive.
The Mayor noted Council appointments needed for the VT A Policy Advisory
Committee and the Santa Clara County Cities Association Legislative Action
Committee.
No Councilmember volunteered to represent the Council on these committees.
Councilman Dillon noted that the Memorial Day Parade is coming up on May
26, and that Jack Sturla is the Grand Marshal.
Councilman Pinheiro commented that Bonfante Gardens opened this weekend.
Adjournment
8061
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 1 7
APRIL 2003
21 *Budget Workshop - 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 (CANCELLED)
22 Joint Workshop - SCRW A and SCVWD - 9:30 a.m., 5750 Almaden
Expressway, San Jose
23 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
28*Special City Council Meeting - 6:00 p.m., Gilroy City Council Chambers
28 Council Mini-Retreat - 7:00 p.m. (to follow the Special Meeting), Senior
Center Meeting Room
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
12 Budget Workshop - 6:00 p.m., Senior Center Meeting Room
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 - Building Process Performance Audit - 6:00 p.m., Gilroy City
Council Chambers
19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
27*Workshop Regarding Charter Communications - 6:00 p.m., City Council
Chambers
27 SCRW A 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
9 Wireless Communication Ordinance Workshop - 6:30 p.m., City Council
Chambers
10 SCRWA 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 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers
16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 Quarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., Gilroy
Unified School District Administration Office Board Room, 7810 Arroyo
Circle, Gilroy
24 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
25 Ag Mitigation Task Force -7:00 p.m., Gilroy City Council Chambers
30 City CouncillPlanning Commission Mini-Retreat - 6:00 p.m., City Council
Chambers
At 9:26 p.m. the Mayor adjourned the meeting to a closed session.
Pursuant to Government Code Section 54956.9(a):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of Case: Avila vs. Gilroyet al; CV 0200755
At 9:30 p.m. the Mayor reconvened the meeting and announced that no action
had been taken in the Closed Session.
R es.p. e.c. tfu...llY SUbm.i.tte.~.
. t- ,
! ./
\~=:A- " ,;utc+ ... ~l~+- I
/si \RHONDA PELLIN, CMC
City Clerk