Minutes 2001/11/05
Posting
Agenda
Roll Call
7ROI
Regular Meeting
November 5, 2001
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the agenda had been posted on October 31, 2001
at 3:35 p.m.
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano (arrived at
7:06 p.m.), Charles S. Morales, Al Pinheiro, Anthony C. Sudol III, Roland
Velasco, and Thomas W. Springer - 7:05 p.m.
Under Orders of the Day, the Mayor noted that the Library Commission would
not have a report for this meeting.
New Employees The Mayor introduced new employees Heinz Maibaum, Firefighter, Fire
Department; Chris Weber, Firefighter, Fire Department; Mike Troy, Firefighter,
Fire Department; Neil Gentry, Firefighter, Fire Department; and Joshua Guerriera,
Firefighter, Fire Department.
Emp. Award The Mayor presented the Employee Award for the Month of October, 2001 to
Bill Headley, Facilities and Parks Development Manager, Community
Development Department.
Purchase Award The Mayor noted a presentation of the 2001 "Purchase Award" from the
Gilroy Art & Culture Exhibit entitled "Bob Fowler - The Wright Stuff" by artist
Joe Kline to the City of Gilroy.
Proc.-Veteran's The Mayor noted a proclamation for Veteran's Day - February 12,2001,
Day which was mailed to the recipient.
Vol. Award The Mayor presented the Volunteer of the Month of October, 2001 award to
Joe Grey Wolf.
Consent
Calendar
Minutes
Budget
Res.200 1-74
TM 01-02
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Amos Brown stated that his freedom of expression has been violated. He
noted his personal opinions for the election. He noted his heroes are those who
fought for our freedom. He questioned whether there is freedom and liberty for
all.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried that the following items under the Consent Calendar be approved, 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 October 15,2001;
Budget Amendments/Transfers as recommended;
Adopted Resolution No. 2001-74 approving TM 01-02, a Tentative Map
approval for future commercial and industrial development to subdivide an
approximately 97 acre parcel into eighteen commercial and industrial lots,
APNS 841-18-043, 841-18-044 and 841-18-049, Newman Development Group,
applicant.
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Claim
Accept Impr.
Rocha's
Drywall
RESOLUTION NO. 2001-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 01-02, A TENTATIVE MAP APPROVAL FOR FUTURE
COMMERCIAL AND INDUSTRIAL DEVELOPMENT TO SUBDIVIDE AN
APPROXIMATELY 97 ACRE PARCEL INTO EIGHTEEN COMMERCIAL
AND INDUSTRIAL LOTS, APNS 841-18-043, 841-18-044 AND 841-18-049,
NEWMAN DEVELOPMENT GROUP, APPLICANT.
PASSED AND ADOPTED this 15th day of October, 2001, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Denied claim of Ashley Lozon, a Minor;
Accepted Improvements, Rocha's Drywall, A.P.N. 841-12-053, Eighth Street;
and
Parcel Map Approved a Parcel Map, Conagra Foods, Inc., a Delaware Corporation!
Conagra Calpine Gilroy Co-Gen, L.P., a Delaware Limited Partnership.
F oods/Calpine
Library Com.
Report
Bid-Sewer
Trunk Main
The Library Commission report was deferred to a future meeting.
The City Administrator presented a recommendation to award the bid for the
Luchessa Avenue, Rossi Lane, Southside Drive, and Engle Way Sewer Trunk
Main, Project No. 00-CDD-535 to Sanco Pipelines in the amount of
$1,821,804.00.
Motion was made by Councilman Sudol, seconded by Councilman Velasco and
carried to award the bid for the Luchessa Avenue, Rossi Lane, Southside Drive,
and Engle Way Sewer Trunk Main, Project No. 00-CDD-535 to Sanco Pipelines in
the amount of$I,821,804.00.
Bid-Waterline The City Administrator presented a recommendation to award the bid for the
& Sewerline Church, Eigleberry, Fifth and Eighth Streets Waterline and Springdale Court
Sewerline, Project No. 00-CDD-536 to RGW Construction in the amount of
$671,405.00.
Pub.Hearing
STB Road-
way Improv.
Project FEIR
Motion was made by Councilman Pinheiro, seconded by Councilman Sudol
and carried to award the bid for the Church, Eigleberry, Fifth and Eighth Streets
Waterline and Springdale Court Sewerline, Project No. 00-CDD-536 to RGW
Construction in the amount of $671,405.00.
The Mayor stated it was the time and place scheduled for a Public Hearing to
consider the Santa Teresa Boulevard Roadway Improvement Project Proposed
Final Environmental Impact Report.
The staff memorandum was noted and further explained by Planner II Durkin
and Traffic Engineer Abrams.
(At 7:42 p.m. Councilman Velasco left the Council Chambers, and returned at
7:43 p.m.)
The Mayor opened the Public Hearing. There being no comment from the
audience, the Mayor closed the Public Hearing.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Sudol and carried to certifY that the EIR is complete and in compliance with
CEQA and reflects the independent judgement of the City.
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Res.2001-75
TM 01-05
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried (Councilmembers G. Arellano and P. Arellano voting no) to adopt
Resolution No. 2001-75 approving TM 01-05, a Vesting Tentative Map
application to create 13 single family hillside lots on approximately 6.6 acres of a
256.5 acre parcel, APN 810-39-002, Eagle Ridge Development Corporation,
applicant.
RESOLUTION NO. 2001-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 01-05, A VESTING TENTATIVE MAP APPLICATION TO
CREATE 13 SINGLE FAMILY HILLSIDE LOTS ON APPROXIMATELY 6.6
ACRES OF A 256.5 ACRE PARCEL, APN 810-39-002, EAGLE RIDGE
DEVELOPMENT CORPORATION, APPLICANT.
PASSED AND ADOPTED this 15th day of October, 2001, by the following vote;
AYES: COUNCILMEMBERS: MORALES, PINHEIRO, SUDOL,
VELASCO and SPRINGER
NOES: COUNCILMEMBERS: G. ARELLANO and P. ARELLANO
ABSENT: COUNCILMEMBERS: NONE
Cultural Center/ The Mayor noted a request for direction for staff to start the Master Plan
Facility process for a Cultural Center/Facility.
Councilman Morales recused himself from discussion and vote on this issue
due to his involvement with the Board of Directors for "It's Time."
The staff report was noted and further explained by the City Administrator.
Lae1 McCormack emphasized that there are four non-profit art organizations in
Gilroy and reviewed each of the artistic groups missions. She requested the South
Valley Community Church be utilized as Phase 1 of the project.
Dr. 1. G. McCormack asked who in the Council and audience have experience
in developing, managing, and promoting a cultural center. He requested the South
Valley Community Church be purchased to start the learning curve. He
questioned what percentage of the $20,000 grant was used in evaluating the "It's
Time" program for the church. He stated the report is biased and incomplete.
Shirley McGee, President of "It's Time", reviewed the "It's Time"
organization and performances that they have had at South V alley Community
Church. She requested the church be phase 1 for the cultural facility, and another
facility be built in the future.
Nancy Bower, artist in the community, stated that she is very attracted to the
church as well as the community. She asked that the Council consider the church.
Eleanor Frusetta stated that we need a cultural center. She stated that the
church is ideal.
Jose "Pepe" Espinoza stated that Gilroy is worthy of a "State of the Art"
cultural facility that is built from the ground up.
Susan Valenta, Chamber of Commerce, encouraged the Council to look at
having a Master Plan for the cultural facility to allow the community to have input
into the facility. She also asked that a timeline be developed.
(At 8:23 p.m. Councilman P. Arellano left the Council Chambers, and returned
at 8:25 p.m.).
(At 8:25 p.m. Councilman Sudol left the Council Chambers, and returned at
8:27 p.m.).
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Faith Peterman noted that it has been difficult to find a facility for her piano
students' recitals. She stated that the South Valley Community Church seems
perfect for small recitals and concerts. She stated that she would like it now rather
than waiting another 45 years.
Donna Pray answered a question regarding the Cultural Center Report, noting
that one-third of the grant money was spent in reviewing the South Valley
Community Church.
Mark Cavagnero, architect, reviewed the eight month process working with
the committee for preparing his evaluation report. He noted that overall they were
looking for a space for a performing art center use for the City of Gilroy. He
stated that during the review, they noted the need for a rental community center
type use. He explained that the church would work well for a community center as
it stands, but that upgrades and renovations would be needed. He noted concerns
with ADA use, commenting that there are no elevators or accessible bathrooms.
He also noted concerns with the City's Building Division issues. He commented
that the church has some financial risks.
Len Pugh, Chairperson of the Arts and Culture Commission, stated that they
are looking for an arts and cultural facility, rather than just a performing arts
center. He noted the church is requiring a two year lease-back requirement. He
read a letter from the Arts and Culture Commission requesting construction of a
new, built to purpose, multi-use facility.
Lael McCormack noted a June 11, 1998 report from BLES outlining the City's
Building Division concerns, which were not extensive. She noted that the elevator
or ramp would only be required ifused for government purposes.
Nancy Bower noted that she visited the Shadeland's Art Center, that the
architect built, which has major problems. She requested a third person look at
this church building, for an additional opinion.
Motion was made by Councilman P. Arellano, seconded by Councilmember G.
Arellano and carried to direct staff to start the Master Plan process for
construction of a new Cultural Center/Facility, to include a construction timeline.
Councilman Morales returned to his seat at the dais.
The following informational items were noted with no separate discussion on
same:
The Mayor asked Public Information Coordinator Kline to brief the Council on
Item IX.B.5. Mr. Kline noted that the Charter Communications upgrade has been
moved to November 26,2001. He explained that customers will have to exchange
their analog box to a digital box. He also gave an update on the rebuild.
(At 8:59 p.m. Councilmember G. Arellano left the Council Chambers, and
returned at 9:05 p.m.)
Legislation:
League of California Cities Priority Focus #37-2001 dated October 11,2001;
League of California Cities Priority Focus #38-2001 dated October 19,2001;
and
Letter from Senator Tom Torlakson reporting that Governor Davis has signed
SB 211, allowing local officials to extend the statutory time limits on
redevelopment projects to eliminate remaining pockets of blight.
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Customer Service:
Note of thanks from Alice Perez to John Bisceglie for the incredible
performance of "Cinderella";
Note of thanks from The Cast & Crew of "Cinderella" to Cathy Mirelez for her
contribution to making the playa success;
Letter of thanks from The Senior Advisory Board to Sylvia Bell for the
wonderful volunteer reception on October 13,2001; and
Letter of thanks from Manuel Valerio, Santa Clara Valley Transportation
Authority, to Mayor Springer for participating in the Gilroy Transit Center and
Monterey Streetscape Improvement Project Dedication Ceremony on October
15,2001.
Informational items:
City of Gilroy Investment Report dated September, 2001;
Letter from Marguerite Wilbur, Silicon Valley Joint Venture, acknowledging
receipt of the City of Gilroy's $2,500 investment;
Letter from Salvatore Balesteri, Charter Communications, informing the City
of Gilroy that Charter Digital Cable has arrived;
Legal issues about regulating location and sales of tobacco by cities;
Letter from Chris Block, Housing Trust of Santa Clara County, expressing his
appreciation for the $15,000 contribution;
Gilroy Visitors Bureau Financial Information;
Gilroy Economic Development Corporation minutes of October 12, 2001; and
Letter of thanks from Mayor Springer to the FRFG Book Club for donating
and planting a Crepe Myrtle tree at Miller Park in memory of Emilie Goris.
A& C Com.
10-9-01
The report of the Arts and Culture Commission meeting of October 9,2001
was noted.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried (Councilmember G. Arellano absent) to appoint Julie Franco to the Public
Art Committee, term to expire December 31, 2002, and to reappoint Richard
Young to the Public Art Committee, term to expire December 31, 2005.
P & R Com. The report of the Parks and Recreation Commission meeting of October 16,
10-16-01 2001 was noted.
Motion was made by Councilman Morales, seconded by Councilman Sudol and
carried (Councilmember G. Arellano absent) to appoint Mike Will and Mike
Amaral to the Bicycle Pedestrian Advisory Board, terms to expire December 31,
2002, and to reappoint Al Slechta, Sherri Stuart and Joe Chase to the Bicycle
Pedestrian Advisory Board, terms to expire December 31, 2003.
The City Administrator noted that the City is interviewing candidates for Fire
Chief next Tuesday. He stated that the City has proceeded with the RFQ for the
Redevelopment formation, that the proposals are due back on December 7, and it
will be agendized the first of January for hiring the consultants. He stated that he
trained 52 new employees on customer service. He requested agenda items for the
CouncillPolice Department mini-retreat. He distributed a document "Pay to Play"
regarding residential development fees.
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Amicus Curiae The Mayor noted a request to join as amicus curiae in Alford v. Superior Court
before the California Supreme Court.
Motion was made by Councilman Sudol, seconded by Councilman Pinheiro
and carried to join as amicus curiae in Alford v. Superior Court before the
California Supreme Court.
Join Lawsuit
The Mayor noted a request to join Morgan Hill lawsuit over redistricting.
Motion was made by Councilman Sudol, seconded by Councilman Pinheiro
and carried to join the lawsuit and direct the City Attorney to pursue this matter.
The Mayor noted that Costco is coming to Gilroy in October, 2002 at the
northeast corner of Highway 101 and Highway 152. He reminded the citizens to
vote tomorrow from 7:00 a.m. to 8:00 p.m.
Councilman Velasco wished good luck to all the candidates, and asked the
citizens to get out and vote.
Councilman Morales stated that he concurred with the Mayor. He stated that
tomorrow is an important day.
Councilman P. Arellano stated that he concurred with what has been said, and
asked the citizens to exercise their right to vote.
Councilman Pinheiro stated that Calpine has $50,000 to give to a 501(c)(3)
organization, and noted that applications are due by November 22, 2001. He
requested that this information be played on Channel 17. He asked that everyone
get out and vote tomorrow, and wished the candidates luck.
Councilman Sudol stated "ditto" to everything that has been said.
Councilmember G. Arellano asked the number of homes that have been
allotted to the Sunrise area, and was told that staff would get her an answer. She
requested everyone go out and vote.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
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
9 Closed Session ofthe Council- Performance Evaluation of the City
Administrator - 11 :30 a.m., Administration Conference Room, City Hall
13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
15 Joint City CouncillPlanning Commission Study Session - Hecker Pass Specific
Plan - 7:00 p.rn., Temporary Environmental Education Center (TEEC)
building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy,
California
16 Joint City Council/Police Department Mini-Retreat - 9:00 a.m. to 1:00 p.m.,
Temporary Environmental Education Center (TEEC) building at the Ranch
Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California
19 Study Session - Housing Element - 6:00 p.m., Gilroy City Council Chambers
19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
26*City Council/Planning Commission Joint Special Meeting - General Plan and
EIR - 6:00 p.m., Gilroy City Council Chambers
27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
28 Study Session - For The Game - 7:00 p.m., Gilroy City Council Chambers
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DECEMBER 2001
3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
11 SCRW A 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 SCRWAMeeting -7:30 a.m., 1500 SouthsideDrive, Gilroy - CANCELLED
JANUARY 2002
7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
18 Annual Retreat - 8:00 a.m. to 4:00 p.m. (dinner to be held at 6:00 p.m. -
location to be determined), Temporary Environmental Education Center
(TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue,
Gilroy, California
19 Annual Retreat - 9:00 a.m. to 2:00 p.m., Temporary Environmental Education
Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller
Avenue, Gilroy, California
22*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
28 Joint CouncillPlanning Commission Study Session - Review ofthe RDO -
7:00 p.m., Location To Be Determined
28*Joint CouncillPlanning Commission Study Session - Review the 2003 cm -
7:00 p.m., Gilroy City Council Chambers - MOVED TO FEB. 11.2002
29 Quarterly Workshop with the Gilroy Unified School Board - 7:00 p.m.,
Temporary Environmental Education Center (TEEC) building at the Ranch
Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California
Adjournment At 9:28 p.m. the Mayor adjourned the meeting to a closed session pursuant to
Government Code Section 54957:
CLOSED SESSION - PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Administrator
At 9:48 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 9:48
p.m.
, ReS,lfUIIY submitte
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\'_' L-/)[[;(r~ vU.j_A:'A'-
/s/ RHONDA PELLIN
City Clerk