Minutes 2001/09/04
"h'.>T. .,"',.,.'....,.,..>:=l,.~..1:",t:=-='-~_"".".., .. -;",,,,,"".=,,,,,,,,,,,,,-,,,,,-;>.-,-.,~._=,,,."""""_''''''''''''''''''''''''_''''",='''''-''''''''''.,",,,,.~.,,,,,,,,,,,,~,~_'''''",,,,,,,,"""""""_~""",,,,_,,,..,,,,,,.,,,,,,,,,.,,,,.,,,,,,,,=,__.,=,,,,,,..'...,,,,, _.~'''''''.'''''',",-~,"='_'''''''=_c,'''''''''''""''',,,-,,", ~".""""",_"_,",e.e'".,..,""',"",,,,,","',,,.,,,""""''''''''''_'''_ " """",~:-:-........::;;'_:;,=-;;'~,,..;,.~,.,~~._;':;::;;-:;;-.-;;- ....:c ".'_
Proc.-Prostate The Mayor noted a proclamation for Prostate Cancer Awareness Month for
Cancer September, 2001, which was previously mailed to the recipient.
The Mayor presented the Group/Team of the Month of August, 2001 award to
Moe McHenry and Theresa Marquez.
The Mayor presented a proclamation to the 9-1-1 Dispatchers for 9-1-1
Emergency Number Day - September 11, 2001.
The Mayor presented the Employee Award for the Month of August, 2001 to
Donna Greenhut, Secretary to the City Administrator, Administration Department.
The Mayor introduced Suzanne St. John, Director, CMAP (Community Media
Access Partnership) for the cities of Gilroy, Hollister, and San Juan Bautista, who
eXplained what CMAP will provide to our community.
Group/Team
Award
Proc.- 9-1-1
Emergency
Number Day
Emp. Award
CMAP
New Employee The Mayor introduced new employee Frank Vargas, Building Inspector I,
Community Development Department.
Councilman P. Arellano stated that he reviewed the minutes of the August 10,
2001 meeting and was prepared to discuss and vote on issues from that meeting.
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S.
Morales, Al Pinheiro, Roland Velasco, Anthony C. Sudol III, and Thomas W,
Springer - 7:02 p.m.
The City Clerk noted that the agenda had been posted on August 29,2001
at 1 :30 p.m.
Pastor Greg Quirke, South Valley Community Church, gave the Invocation.
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
September 4,2001
Gilroy, California
7l/'3
Roll Call
Posting
Agenda
Invocation
7 '7 ? ~~
I.~ _.__.
Vol. Award The Mayor presented the Volunteer of the Month of July, 2001 award to
Robert Johnson.
Proc.-James G. The Mayor noted a proclamation for Private First Class James G. Bass
Bass Recognition Day - August 13, 2001, which was previously presented to the
recipient.
Calpine
Consent
Calendar
Minutes
Ord.2001-12
Accept.Impr.
Tract 9254
Accept.Impr.
Tract 9176
Accept.Impr.
Tract 9113
Accept. Impr.
Tract 9218
Budget
The Mayor noted a presentation by Sunny Claggett, Calpine, regarding a
$500,000 community benefits grant program.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Bill Alger requested that solar power collectors be required on new and
retrofitted on existing buildings to aid in the energy crisis, and set an example for
the rest of the world.
Motion was made by Councilman Morales, seconded by Councilman Sudol
and carried that the following items under the Consent Calendar be approved,
removing Item III.F. Approval of the CMAP contract, 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 of the Regular Council Meeting of August 6, 2001 and the Special
Council Meeting of August 10, 2001;
Adopted Ordinance No. 2001-12 amending Gilroy Zoning Ordinance Section
2.20 entitled "Definitions" and Section 50.60 entitled "Residential Development"
for file Z 01-03.
ORDINANCE NO. 2001-12
AN ORDINANCE OF THE CITY OF GILROY AMENDING GILROY
ZONING ORDINANCE SECTION 2.20 ENTITLED "DEFINITIONS" AND
SECTION 50.60 ENTITLED ''RESIDENTIAL DEVELOPMENT" FOR FILE Z
01-03.
PASSED AND ADOPTED this 4th 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
Accepted Improvements, Tract 9254, Greg Mussallem;
Accepted Improvements, Tract 9176, Los Arroyos, Phase 2A, Trinchero
Construction, Inc. (South County Housing);
Accepted Improvements, Tract 9113, Vent ana at Los Arroyos, Old Orchard
Co., DBA Orchard Valley Communities, Inc.;
Accepted Improvements, Tract 9218, Mission Valley, Phases 3 & 4,
Mission Valley Syncon L.P.;
Budget Amendments/Transfers as recommended; and
Econ.Incentive Approved an Economic Incentive agreement for Ruggeri-Jensen-Azar &
RJAlGPS Associates/Golden Pacific Surveys.
CMAP
The Mayor noted the contract between the Cities of Gilroy, Hollister and San
Juan Bautista and Community Media Access Partnership of Southern Santa Clara
and San Benito Counties.
,I, _ '__
7//
The City Administrator noted a small change on Page 15 of the contract to
delete Section 20.A.2.
Public Information Coordinator Kline reviewed the Board of Directors and the
makeup of the organization.
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried to approve the contract between the Cities of Gilroy, Hollister
and San Juan Bautista and Community Media Access Partnership of Southern
Santa Clara and San Benito Counties, as modified.
Pub.Hearing
Resolution
of Necessity
Eminent
Domain
The Mayor stated it was the time and place scheduled for a Public Hearing for
the purpose of adopting a Resolution of Necessity authorizing the City Attorney of
the City of Gilroy to file eminent domain proceedings for the acquisition of a fee
interest in the real property located at the southwest corner of Miller Avenue and
Santa Teresa Boulevard, portion of APN 810-39-002, for construction of a five
(5) million gallon concrete water reservoir and connecting water piping next to the
existing reservoir.
The City Administrator noted that right of entry has been approved and that
construction has begun.
The staff report was noted and further explained by Community Development
Director Allen.
The Mayor opened the Public Hearing. There being no comments from the
audience, the Mayor closed the Public Hearing.
Res.2001-57 Motion was made by Councilman Sudol, seconded by Councilman Velasco and
carried to adopt Resolution No. 2001-57 determining that the public interest and
necessity require the acquisition of a fee interest in a portion of the real property
identified by APN 810-39-002, located at the southwest corner of Miller Avenue
and Santa Teresa Boulevard and directing the filing of eminent domain
proceedings.
RESOLUTION NO. 2001-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF A FEE INTEREST IN A PORTION OF
THE REAL PROPERTY IDENTIFIED BY APN 810-39-002, LOCATED AT
THE SOUTHWEST CORNER OF MILLER AVENUE AND SANTA TERESA
BOULEVARD AND DIRECTING THE FILING OF EMINENT DOMAIN
PROCEEDINGS.
PASSED AND ADOPTED this 4th 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
Charter Com. The Mayor noted a continued request by Charter Communications for waiver
of the undergrounding requirements as per Section 24.25(i)(9)a. of the Gilroy
Municipal Code.
Councilman Sudol recused himself from discussion and vote on this issue due
to the business relationship between his employer and Charter Communications,
and stepped down from the dais.
Councilman P. Arellano stated that he had been in contact with Charter
Communication personnel, who showed him what they plan to do.
777 ()
Councilman Pinheiro stated that he felt the Council continued the meeting from
August 10,2001, and did not close public testimony. He stated that if they have
additional information, he is willing to hear it.
Councilman Morales stated that he has spoken with Charter Communications
and felt that they do have additional information to share that he would like to
hear.
Councilmember G. Arellano stated that she is willing to listen to any new
information. She stated for the record that she has not talked to Charter on a
personal basis or gone on a tour.
The City Attorney stated for the record that this is not a matter for Public
Hearing.
Steve Holmes, Charter Communications, reviewed that they agreed to rebuild
the existing cable system during the refranchising process. He noted that the
request for undergrounding is a new requirement, noting that the City of Hollister,
due to be completed in 60 days, has not taken an extreme position to require that
the cabling be undergrounded. He stated that the impact of placing the electronics
underground is large.
Mark Lang, representing 20 other Gilroy residents, noted that he was disturbed
at what Charter was saying. He noted five main issues that the Council should
look at to make a decision, including 1) the existing obligation for Charter to
underground their equipment, 2) the technical feasibility of using an all
underground system, 3) the financial impact on Charter of having such a system, 4)
the effect on the Gilroy residents, and 5) Charter's track record in dealing with
service and their trustworthiness to date. He stated that Charter knowingly
entered into their 1999 agreement and knew what was expected and is now trying
to get out of it solely to reduce their financial exposure. He stated that having a
completely underground system does not represent an undue financial burden to
Charter or prevent them from completing their current plan. He stated that if the
Council allows Charter to vacate their obligation, it will have a seriously negative
effect on Gilroy residents, community pride, and pride of ownership.
Motion was made by Councilman Pinheiro, seconded by Councilman Velasco
and carried (Councilmembers G. Arellano and Morales voting no and Councilman
Sudol absent) to continue this request to September 17, 2001.
Councilman Sudol returned to his seat at the dais.
Housing Trust The Mayor noted a discussion regarding contributing $15,000 to the Housing
Fund Trust Fund of Santa Clara County to assist in obtaining affordable housing in
Silicon Valley.
The City Administrator reviewed the request.
Chris Block, Executive Director, Housing Trust of Santa Clara County,
reviewed the request noting that they have raised $20 million to help solve the
affordable housing crisis in Santa Clara County. He stated that the monies will be
distributed geographically, which is a clear stated Board policy of the Housing
Trust, and will be project driven as approved by the loan committee.
Jan Lindenthal, Housing Development Director of South County Housing,
requested the Council approve this contribution. She stated that she hopes that
100% of the cities in the County contribute to this Fund.
Carl Guardino, Silicon Valley Manufacturing Group, reviewed the Housing
Trust noting that the funds are all voluntary contributions, and not solely public
funds, which are only one-third of the funding source. He stated that it is the only
trust nationwide that has smart growth criteria tied to its lending criteria. He
explained that in this way they are not only providing more homes, but better
communities in the process.
7" -.,
, I .
{ i i
Terry Feinberg, Gilroy resident, urged endorsement of this request.
Motion was made by Councilman Velasco, seconded by Councilmember G.
Arellano and carried to approve $15,000 contribution to the Housing Trust Fund
of Santa Clara County.
AMR
The Mayor noted a recommendation to authorize the City Administrator to
sign a Basic Life Support (BLS) Letter of Agreement with American Medical
Response (AMR).
The City Administrator reviewed the request. He distributed a white paper on
the ALS (Advanced Life Support) system and how we get to this paramedic
system for the City of Gilroy. He stated that it included a history, the alternatives, "
and the costs of the alternatives.
Interim Fire Chief Holden answered a question posed that he did not know if
the "quick response vehicle" driven by the paramedic will have the "signal
preemption system" installed in it.
Motion was made by Councilman Sudol, seconded by Councilman Velasco and
carried (Councilmember G. Arellano voting no) to authorize the City
Administrator to sign a Basic Life Support (BLS) Letter of Agreement with
American Medical Response (AMR).
Speed Zone The Mayor noted a request for approval of speed zones as recommended in the
City of Gilroy Speed Study.
The City Administrator explained that every five years it is mandated that the
speed zone survey is validated so that we can use radar.
Traffic Engineer Abrams reviewed the request.
Res. 2001-58 Motion was made by Councilman Sudol, seconded by Councilman Pinheiro
Speed Zones and carried to adopt Resolution No. 2001-58 approving speed zones, as amended.
RESOLUTION NO. 2001-58
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
EST ABLISHING PRIMA FACIE SPEED LIMITS ON CITY STREETS
PASSED AND ADOPTED this 4th 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
John Holson The Mayor noted a letter of resignation from John Holson, 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 Sudol, seconded by Councilman Velasco and
carried to accept applications during the regular application period starting in
September, 2001.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #32-2001 dated August 17,2001.
7778
SCRWA
7-10-01
8-14-01
Customer Service:
Letter of thanks from Cathy Mirelez to Len Pugh for acting as the "official"
host at the "South Bay Swing Band" concert on July 8, 2001;
Letter of thanks from Cathy Mirelez to Kermit DeLaurant for acting as the
"official" host at the "Corvairs" concert on August 12, 2001;
Letter of thanks from Cathy Mirelez to Debbie Moore and the mounted
officers for providing assistance at the three summer concerts;
Letter of thanks from Robert 1. Connelly to Steve Peat, McDonald's of Gilroy,
for the generous donation of a flag pole;
Email of thanks from Cindy Murphy to Martha Thompson, Denise Varela,
Adriana Vasquez, Jackie Martin, Patty Perez, Theresa Marques, and LeeAnn
McPhillips for a job well-done on the health fair;
Note of thanks from Adam W. Jones to Bill Headley for assistance in
completing an Eagle Scout Service project;
Email of thanks from Tina Kekaha to Martin Quiroz for being the guest
speaker at the August Support Staff Brown Bag meeting;
Email of appreciation from Carla Ruigh to LeeAnn McPhillips for the time,
effort, and support she has provided to her and her division; and
Letter to the editor in the Gilroy Dispatch from Susan M. Baker regarding
"Quick Gilroy Police Action."
Informational items:
Letters of congratulations from Susan Kitchens, CMC, Northern California
City Clerks Association, and Bonnie L. Gawf, CMC, CCAC Professional
Development Director, to Rhonda Pellin, Gilroy City Clerk, notifying her of
scholarship awards of$350.00 and $475.00 to attend the summer CEPO
certification program;
Gilroy Economic Development Corporation minutes of June 8, 2001;
Letter from William Alger III regarding Solar Power Collectors for all
buildings within the legal jurisdiction of the City of Gilroy and the Gilroy City
Council; and
Memorandum from John Greenhut regarding an article in the Pinnacle
Newspaper entitled "Women Can" relating to the Mujeres Pueden program.
The minutes of the South County Regional Wastewater Authority meetings of
July 10,2001 and August 14,2001 were noted,
The City Administrator requested topics for the September 10,2001 Joint
Mini-Retreat with the Planning Commission, and the September 21,2001 Council
Mini-Retreat. Council agreed to eliminate the October 1,2001,6:00 p.m. report
by the Police Department, and set up a Council Mini-Retreat with the Police
Department in November, 2001. Council agreed to have a Council retreat in early
January, 2002, with Marilyn Manning as the facilitator. Council agreed that it
would not be appropriate to have firms facilitate the RDA workshop on September
24,2001, but staffwill hold the workshop to answer questions. It was requested
that a decision regarding the RDA be placed on the October 1,2001 agenda.
(At 9:20 p.m. Councilman Sudol left the Council Chambers and returned at
9:22 p.m.)
J,
7"'/ ",,",
" . ,I
I I /
Impartial The Mayor noted the City Attorney's impartial analysis of ballot measures for
Analysis of the November 6,2001 election.
Ballot Measures
Bd.lCom. The Mayor noted City Commission and Board Appointments effective
Appointments January 1,2002 to Expire December 31,2005.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Sudol and carried to set November 30, 2001 at 5:00 p.m. as the deadline to receive
applications, to set December 10,2001 at 7:00 p.m. for candidate interviews, and
set December 17, 2001 for appointments to be made.
Mayor Springer stated that he was asked by Robert LaSala, Chairman of the
Santa Clara County City Managers Association, to publicly thank City
Administrator Jay Baksa on behalf of the City Managers Association and the Santa
Clara County Cities Association, for his leadership role in making sure that the
AMR contract with the County came out the way it did.
Councilman Pinheiro reminded everyone of the September 15,2001 pasta
extravaganza on Monterey Street.
Councilmember G. Arellano requested information regarding For The Game.
She questioned whether it is still on the agenda for September 17, 2001, and was
told that it would be October 15,2001.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
SEPTEMBER 2001
4 Study Session - Library Pre-Design - 6:00 p.m., Gilroy City Council
Chambers
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 City CouncillPlanning Commission Mini-Retreat "Vision of Gilroy" -7:00
p.m., Temporary Environmental Education Center (TEEC) building at the
Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California
11 SCRW A Meeting - 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
24*Study Session - RDA - 7:00 p.m., Gilroy City Council Chambers
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
OCTOBER 2001
1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
9 SCRW A 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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
NOVEMBER 2001
5 Study Session - CDBG Prioritization Process - 6:00 p.m., City Council
Chambers
5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 SCR W A Meeting - 7: 3 0 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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
7"7 " ' '1
( .) U
Adjournment At 9:38 p.m. the Mayor adjourned the meeting to a closed session pursuant to
Government Code Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator - Bill Avery / Jay Baksa
Employee Organization: AFSCME and Management Group
At 10:00 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
10:01 p.m.
Respectfully submitted,
\~^-~~
/s/ \ RHONDA PELLIN
City Clerk