Minutes 2002/05/06
7896
Invocation
Posting
Agenda
Roll Call
Regular Meeting
May 6, 2002
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Dennis Nichols, South Valley Community Church, gave the Invocation.
The City Clerk noted that the agenda had been posted on May 1, 2002
at 11:15 a.m.
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W.
Springer - 7: 13 p.m.
Under Orders of the Day, the Mayor noted that Councilman Pinheiro
previously recused himself on two items on a previous agenda, that are again
agendized on this agenda. Councilman Velasco noted that he will recuse himself
from the Village Green project.
New Employees The Mayor introduced new employees Renee Cantara, Chemical Control
Specialist, Community Development Department and Felix Figueroa, Police
Officer, Police Department.
Ermelindo
Puente
Kirsten Carr
The Mayor noted a presentation of a Resolution to Ermelindo Puente by
Richard Herrera, representing Assemblymember Simon Salinas.
The Mayor noted a presentation by Kirsten Carr regarding the Gilroy Visitors
Bureau.
Proc.-Unity in The Mayor noted a proclamation for Unity in Diversity Month - April, 2002,
Diversity which was previously presented to the recipient.
Consent
Calendar
The Mayor asked ifthere 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 Dillon, seconded by Councilman Gartman
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:
Surplus Property Declared property (Ford Mini Pumper) as surplus;
7897
Res.2002-27 Adopted Resolution No. 2002-27 approving application SPE 02-01, an
application for a Small Project Exemption from the Residential Development
Ordinance, APN 790-16-061, Mark Hewell, c/o MH Engineering, applicant.
RESOLUTION NO. 2002-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING APPLICATION SPE 02-01, AN APPLICATION FOR A SMALL
PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT
ORDINANCE, APN 790-16-061, MARK HEWELL, C/O MH ENGINEERING,
APPLICANT.
PASSED AND ADOPTED this 6th day of May, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS: NONE
Res.2002-28 Adopted Resolution No. 2002-28 approving application SPE 02-02, an
application for a Small Project Exemption from the Residential Development
Ordinance, APN 841-07-057, K.O.W.P.I., c/o Wiley Capela, applicant.
RESOLUTION NO. 2002-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING APPLICATION SPE 02-02, AN APPLICATION FOR A SMALL
PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT
ORDINANCE, APN 841-07-057, K.O.W.P.I., C/O WILEY CAPELA,
APPLICANT.
PASSED AND ADOPTED this 6th day of May, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Claims
Denied claims of Juan Carlos Barrios and Mrs. Cedra Husk;
Accept.Impr.
Don Chuck
Accepted improvements, 415 Ninth Street, APN 841-12-037, Don Chuck;
Accept.Impr.
Hilton Inn
Accepted improvements, Hilton Inn, 6070 Monterey Road;
Res.2002-29
Adopted Resolution No. 2002-29 accepting terms and conditions for Federal
funding of Bridge Widening Improvements.
RESOLUTION NO. 2002-29
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ACCEPTING
TERMS AND CONDITIONS FOR FEDERAL FUNDING OF BRIDGE
WIDENING IMPROVEMENTS.
PASSED AND ADOPTED this 6th day of May, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2002-30 Adopted Resolution No. 2002-30 releasing a grant award to the County of
Santa Clara as part of a Regional Juvenile Crime Enforcement Coalition (RJCEC).
7898
RESOLUTION NO. 2002-30
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
RELEASING A GRANT AWARD TO THE COUNTY OF SANTA CLARA AS
P ART OF A REGIONAL JUVENILE CRIME ENFORCEMENT COALITION
(RJCEC).
PASSED AND ADOPTED this 6th day of May, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Budget
Budget Amendments/Transfers as recommended;
Minutes
Minutes of the Special Council Meeting of April 8, 2002, the Regular Council
Meeting of April 15, 2002, and the Special Council Meeting of April 29, 2002; and
Cancel Mtg.
Cancelled the August 19,2002 City Council meeting.
Library Com.
Report
Eileen Kopp, Vice-Chairperson of the Library Commission, reviewed the
activity of the Gilroy Library.
Bid-Fire RMS The City Administrator presented a recommendation to award the bid for the
Project Fire RMS Project, to Aether Systems, Inc. for the SunPro FireRMS 5.0 software
application in the amount of$330,000.00.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to award the bid for the Fire RMS Project, to Aether Systems, Inc. for
the SunPro FireRMS 5.0 software application in the amount of $330,000.00.
Bid-Sr.Center The City Administrator presented a recommendation to award the bid for the
Flooring Proj. Gilroy Senior Center Flooring Project (02-ASD-546) to Flooring America,
Cottage Floors, Inc. of Gilroy in the amount of $50,000.00.
Motion was made by Councilman Dillon, seconded by Councilman Gartman
and carried to award the bid for the Gilroy Senior Center Flooring Project (02-
ASD-546) to Flooring America, Cottage Floors, Inc. of Gilroy in the amount of
$50,000.00.
Pub.Hearing
CDBG
The Mayor stated it was the time and place scheduled for a Public Hearing on
the proposed amendment to the 2000-2005 Consolidated Plan and 1999-2000,
2000-2001, and 2001-2002 Annual Action Plans, and on the 2002-2003 Program
Year Community Development Block Grant Program Year Funding Allocation.
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to amend the 2000-2005 Consolidated Plan and 1999-2000,2000-
2001, and 2001-2002 Annual Action Plans.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to adopt the PY 2002/2003 CDBG funding allocations (One-Year
Action Plan).
Pub.Hearing The Mayor stated it was the time and place scheduled for a Public Hearing
Village Green to consider approval of the issuance by the California Statewide Communities
Development Authority of multifamily housing revenue bonds in the aggregate
principal amount of approximately $11,500,000 the principal amount of which will
be applied to the financing of the acquisition and construction of a 10 I-unit
multifamily residential rental facility known as the Village Green Seniors II
Apartments located at the southwest corner of the intersection of Santa Teresa
Boulevard and Hecker Pass Highway in the City of Gilroy, California.
7899
Councilman Velasco recused himself from discussion and vote on this item,
due to a conflict of interest because of the proximity of his residence to this
property, and stepped down from the dais.
(At 7:54 p.m. Councilman Dillon left the Council Chambers, and returned at
7:55 p.m.)
(At 8:07 p.m. Councilman Arellano left the Council Chambers, and returned at
8:08 p.m.)
(At 8: lOp. m. Councilman Morales left the Council Chambers, and returned at
8:11 p.m.)
The staff report was noted and further explained by Planner II Durkin and
Administrative Services Director Dorn.
Councilman Arellano announced that he would be standing for portions of the
meeting due to health problems.
Franco Mola, representing the Village Green project, gave an idea of what they
are trying to accomplish with the financing and bonding. He distributed
information on assisted living. He reviewed the proposed project.
The Mayor opened the Public Hearing. There was no comment from anyone in
the audience.
Motion was made by Councilman Arellano, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to continue the Public Hearing to May
20, 2002, due to concerns with what was being presented by the applicant on the
proposed project and the City Council's understanding of the project.
Councilman Velasco returned to his seat at the dais.
SPE 02-03
The Mayor noted a Resolution of the City Council of the City of Gilroy
approving application SPE 02-03, an application for a Small Project Exemption
from the Residential Development Ordinance, APN 841-12-054, Joe Rocha,
applicant.
Councilman Pinheiro recused himself from discussion and vote on this item due
to a conflict of interest, and stepped down from the dais.
(At 8:53 p.m. Councilman Dillon left the Council Chambers, and returned at
8:54 p.m.)
Res.2002-31 Motion was made by Mayor Springer, seconded by Councilman Velasco and
carried (Councilmembers Dillon and Pinheiro absent) to adopt Resolution No.
2002-31 approving application SPE 02-03, an application for a Small Project
Exemption from the Residential Development Ordinance, APN 841-12-054, Joe
Rocha, applicant.
RESOLUTION NO. 2002-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING APPLICATION SPE 02-03, AN APPLICATION FOR A SMALL
PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT
ORDINANCE, APN 841-12-054, JOE ROCHA, APPLICANT.
PASSED AND ADOPTED this 6th day of May, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GARTMAN, MORALES,
VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: DILLON and PINHEIRO
Councilman Pinheiro returned to his seat at the dais.
7900
Z 01-10
A/S 02-08
Lowe's
H.I.W.
SPE 01-02
James
Kennedy
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 a combined RI-R3IPUD (Single Family Residential-Medium
Density ResidentialIPlanned Unit Development) on approximately 7.3 acres, APNs
790-07 -012 and 790-07-013. Central Valley Corporation, applicant, Z 01-10.
Councilman Pinheiro recused himself from discussion and vote on this item due
to a conflict of interest, and stepped down from the dais.
Motion was made by Councilman Arellano, 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 Gartman
and carried (Councilman Pinheiro absent) to introduce Ordinance approving
Z 01-10.
Councilman Pinheiro returned to his seat at the dais.
At 8:56 p.m. the Mayor called for a recess, after which he recalled the meeting
to order.
The Mayor noted Architectural & Site review for the construction of an
approximately 170,826 square foot home improvement store on property zoned
C3-M2IPUD (Shopping Center Commercial-General IndustrialIPlanned Unit
Development), located north ofRenz Lane and west of Camino Arroyo. Lowe's
HI.W., applicant, A/S 02-08.
The staff report was noted and further explained by Planner II Durkin.
Al Montes, Site Development manager for Lowe's, stated that they feel that
they have a very attractive building, which is a new prototype in appearance. He
reviewed the project schedule, noting that construction takes 5-7 months and they
plan to start on June 28, 2002. He noted the conditions are totally acceptable to
Lowe's, including the sign program.
Mike Boone, Project Architect with Integrated Signs, reviewed the exterior
elevations, noting that this is a new and contemporary look for Lowe's.
George Akel reviewed the pylon signs for the project.
Motion was made by Councilman Pinheiro, seconded by Councilman Dillon
and carried that in accordance with Section 54954.2(b)(2) of the Brown Act, the
Council needs to take immediate action on an item and the need came to the
attention to the City Council subsequent to the agenda being posted, said item
being approval of the sign program for A/S 02-08.
Motion was made by Councilman Pinheiro, seconded by Councilman Dillon
and carried to direct staff to prepare a resolution approving A/S 02-08.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to approve the sign program for the PUD.
The Mayor noted a Small Project Exemption request to allow construction of
eleven single family units plus one replacement (12 units total) on 1.995 acres, on
property zoned Rl (Single Family Residential), located at 197 Farrell Avenue.
James Kennedy, applicant, SPE 01-02.
The staff report was noted and further explained by Planner I Polubinsky.
James Kennedy noted that they will primarily use wrought iron fencing and
some type of netting on the channel fence. He stated that this will be a great
addition to this area of Church Street.
Bicycle/Ped.
Adv. Com.
AB 2247
AB 2370
7901
Motion was made by Councilman Pinheiro, seconded by Councilman Gartman
and carried to direct staff to prepare a resolution approving SPE 01-02 for up to
11 units.
The Mayor noted a request by the Santa Clara Valley Transportation Authority
to appoint or reappoint a representative to the Bicycle & Pedestrian Advisory
Committee.
Motion was made by Councilman Pinheiro, seconded by Councilman Dillon
and carried to reappoint Al Slechta as the City of Gilroy representative to the
Bicycle & Pedestrian Advisory Committee for the Santa Clara Valley
Transportation Authority.
Motion was made by Councilman Pinheiro, seconded by Councilman Gartman
and carried (Councilman Morales voting no) to send a letter to Assemblymember
Simon Salinas in opposition to AB 2247 noting our concerns regarding the real
estate sign issue.
The Mayor noted AB 2370 by Thomson regarding LAFCO annexation
requests and open space authority. The City Administrator noted that he will
obtain additional information and reagendize it for the next meeting.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #15-2002 dated April 12, 2002;
League of California Cities Priority Focus #16-2002 dated April 19, 2002; and
League of California Cities Priority Focus #17-2002 dated April 26, 2002.
Customer Service:
Email of thanks from Tim Benham to the BLES Division, specifically Inspector
Vargas and Jane Alexander, for their quick response and good attitude during their
construction project;
Letter ofthanks from teachers Teresa and Sue, Gilroy Gateway Head Start, to
Sgt. Crumrine and Officer Pat Sullivan for their interaction with their students;
Memorandum of special recognition from Cathy Mirelez for recreation staff
members Renee Harrigan, Deb Smith, Rosie Anzualda, Geralyn Fortino, Gayle
Glines, Nick Povio, Robin Rianda, and Lucy Solorzano for their assistance with
the 2002 "Kids Discover Arts" event;
Email of thanks from Jolie Houston to Bill Faus and Gregg Polubinsky for
composite charts and spreadsheets for the RDO meeting; and
Email of appreciation from Tina Kekaha to Tish Fallis for excellent customer
service is assisting a Spanish speaker.
Informational items:
LAFCO Service Reviews Work Plan and 2002 LAFCO Profile of Cities and
County;
Community Development Department - Planning Division monthly report of
long-range applications and status ofRDO allocation & activity dated April 15,
2002;
City of Gilroy Investment Report dated March 2002;
7902
A& C Com.
3-12-02
Lib.Com
3-13-02
P & R Com.
3-19-02
Sr.Adv.Bd.
3-18-02
Youth Com.
3-11-02
League of California Cities 2002 revised edition of the League's "Summary of
Existing Policy and Guiding Principles";
Article in the Redevelopment Journal, April 2002, Number 253, entitled
Prevailing Wage Bill to Greatly Affect Small Agencies; and
Article in IGM A Meadowbrook Company newsletter noting the Gilroy Golf
Course was featured in Daily Fee Magazine.
The minutes of the Arts and Culture Commission meeting of March 12, 2002
were noted.
The minutes of the Library Commission meeting of March 13, 2002 were
noted.
The minutes of the Parks & Recreation Commission meeting of March 19,
2002 were noted.
The minutes of the Senior Advisory Board meeting of March 18, 2002 were
noted.
The minutes of the Youth Commission meeting of March 11,2002 were noted.
The City Administrator distributed a calendar of events. He noted the
Leadership Gilroy luncheon on Friday, that all the Councilmembers are invited, and
Councilman Morales stated that he would like to attend. The City Administrator
distributed the Financial Plan binders.
Councilman Gartman noted the Memorial Day Parade. He stated that if
anyone is interested in participating, to call him or Councilman Dillon and they will
forward an application to them. He noted that there is a meeting this Wednesday
and also Monday and Tuesday next week regarding park design for the northwest
corner of town. He encouraged citizens to attend and express their concerns to
make sure the park is designed the way everyone wants it to be.
Councilman Morales noted that he represented the Council on the Juvenile
Detention Reform Committee, which is in the development stage. He also stated
that he represented the City on ABAG in San Francisco opposing Senator
Tarkenson's proposal to reorganize ABAG to be under MTC. He noted that a
compronuse IS III process.
Councilman Dillon emphasized that they need convertibles for the Memorial
Day Parade.
The Mayor reminded the Councilmembers of the joint meeting with the Gilroy
School Board on Wednesday evening.
Councilman Pinheiro reminded everyone that Bonfante Gardens opens this
weekend.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
MAY 2002
3 City Council Mini-Retreat - 8:00 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
6 Study Session - Civic Center Master Plan - 6:00 p.m., Gilroy City Council
Chambers
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 Ouarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., GUSD
Board Room, 7810 Arroyo Circle, Gilroy
13*Study Session - Financial Plan - 6:30 p.m., Gilroy City Council Chambers
Adjournment
7903
14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
20 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers
20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
28 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
28*Special City Council Meeting (RDO Public Hearing and Allocation) - 6:30
p.m., Gilroy City Council Chambers
JUNE 2002
3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
lO*Special City Council Meeting (RDO Allocation) - 6:30 p.m., Gilroy City
Council Chambers (If Needed)
11 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
13*Special City Council Meeting (General Plan) - 6:30 p.m., Gilroy City Council
Chambers
17*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
JULY 2002
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*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 10: 19 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
)1
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. RHONDA PELLIN, CMC
City Clerk