Minutes 2002/05/20
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The Mayor recognized the Volunteers of the Year for 2001, the Paid Call
Firefighters.
Vol. of the
Year - 2001
New Employees Chief of Police Giusiana introduced new employees Monica L. Riewerts,
Public Safety Communicator, Police Department; Janie Perales, Police Records
Technician, Police Department; and Brian M. Dutton, Multi-Service Officer,
Police Department.
Under Orders of the Day, the Mayor noted that Item III.F. and Item VIII.C.l.
were pulled from the agenda. He noted Item IX.B.l.c. would be an action item.
He commented that Councilman Velasco will recuse himselffrom Item VI.A. and
Councilman Pinheiro will recuse himself from Items VII.A. and VII.B.
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W.
Springer - 7:00 p.m.
Roll Call
The City Clerk noted that the agenda had been posted on May 15,2002
at 3 :30 p.m.
Posting
Agenda
Pastor Malcolm MacPhail, New Hope Community Church, gave the
Invocation.
Invocation
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
May 20,2002
Gilroy, California
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Vol. Award The Mayor presented the Volunteer of the Month of April, 2002 award to
Lupe Zamarron, Senior Center.
f'
Proc.-Brian Hall The Mayor presented a proclamation to Brian Hall for Brian Hall World Cup
Soccer Recognition Day - May 20, 2002.
Proc.-San Ysidro The Mayor presented a proclamation to Sylvia Reyes and Gene Sakahara for
School San Y sidro School Celebration Day - May 21, 2002.
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.
Consent
Calendar
Motion was made by Councilman Morales, seconded by Councilman Gartman
and carried that the following items under the Consent Calendar be approved,
including corrections to Item I1I.A. and removing Item III.F., 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
Minutes ofthe Regular Council Meeting of May 6,2002 as amended;
Res.2002-32
Adopted Resolution No. 2002-32 approving A/S 02-08, an application for
Architectural and Site approval of a Planned Unit Development (PUD) on
approximately 170,826 square feet and approval for a signage program on 11.83
acres, APN 841-18-043, for Lowe's H.I.W., applicant;
RESOLUTION NO. 2002-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 02-08, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON
APPROXIMATELY 170,826 SQUARE FEET AND APPROVAL FOR A
SIGNAGE PROGRAM ON 11.83 ACRES, APN 841-18-043, FOR LOWE'S
HI.W., APPLICANT.
PASSED AND ADOPTED this 20th 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.2002-33 Adopted Resolution No. 2002-33 approving application SPE 01-02, an
application for a Small Project Exemption from the Residential Development
Ordinance, APN 790-08-005, James Kennedy, applicant;
RESOLUTION NO. 2002-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING APPLICATION SPE 01-02, AN APPLICATION FOR A SMALL
PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT
ORDINANCE, APN 790-08-005, JAMES KENNEDY, APPLICANT.
PASSED AND ADOPTED this 20th 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;
Res.2002-34 Adopted Resolution No. 2002-34 authorizing the City Administrator or his
designee to execute Master Agreements, Program Supplemental Agreements,
Fund Exchange Agreements, Fund Transf~r Agreements, and any amendments
thereto with the California Department of Transportation;
Library JP A
Agreement
Accept.Impr.
Tracts 8962,
8964, 8965,
9155,9312
Res.2002-35
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RESOLUTION NO. 2002-34
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE CITY ADMINISTRATOR OR HIS DESIGNEE TO
EXECUTE MASTER AGREEMENTS, PROGRAM SUPPLEMENTAL
AGREEMENTS, FUND EXCHANGE AGREEMENTS, FUND TRANSFER
AGREEMENTS, AND ANY AMENDMENTS THERETO WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION.
PASSED AND ADOPTED this 20th day of May, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Approved the Master Cooperative Agreement between the City of Gilroy,
Santa Clara County Library Joint Powers Authority and the Gilroy Unified School
District regarding Joint use of the Gilroy Community Library;
Accepted Improvements for Tracts 8962,8964,8965,9155 and 9312, Eagle
Ridge Development.
Adopted Resolution No. 2002-35 certifYing project budget, local funding
commitment, supplemental funds and public library operation; and authorizing the
submittal of an application under the California Reading and Literacy Improvement
and Public Library Construction and Renovation Bond Act of 2000 for a Local
Library Construction Grant; and
RESOLUTION NO. 2002-35
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
CERTIFYING PROJECT BUDGET, LOCAL FUNDING COMMITMENT,
SUPPLEMENTAL FUNDS AND PUBLIC LIBRARY OPERATION; AND
AUTHORIZING THE SUBMITTAL OF AN APPLICATION UNDER THE
CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC
LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 FOR
A LOCAL LIBRARY CONSTRUCTION GRANT.
PASSED AND ADOPTED this 20th 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.2002-36 Adopted Resolution No. 2002-36 of intention to approve an amendment to
contract between the Board of Administration, California Public Employees'
Retirement System and the City Council, City of Gilroy.
Youth Com.
Report
RESOLUTION NO. 2002-36
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OF
INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL, CITY OF GILROY.
PASSED AND ADOPTED this 20th day of May, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Kathryne Bevilacqua, Chair of the Youth Commission, and Ben F ohner, Ty
Ashford, and Kelly Barham, members of the Youth Commission, reported on what
they have accomplished, what they are currently working on, and what they have
planned for the future.
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Bid-Landscape The City Administrator presented a recommendation to award the bid for one
Loader (1) 2002 New Model Year Four Wheel Drive Landscape Loader Tractor with
Tractor Scraper Box, to Pioneer Equipment Company in the amount of$52,810.92.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to award the bid for one (1) 2002 New Model Year Four Wheel Drive
Landscape Loader Tractor with Scraper Box, to Pioneer Equipment Company in
the amount of$52,810.92.
Bid-Consultant The City Administrator presented a recommendation to award the professional
For Cultural consulting services contract for development of a master plan and site selection for
& Performing the Gilroy Cultural and Performing Arts Center to John Sergio Fisher &
Arts Center Associates in the amount of $50,000.00.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to award the professional consulting services contract for development
of a master plan and site selection for the Gilroy Cultural and Performing Arts
Center to John Sergio Fisher & Associates in the amount of$50,000.00.
Pub.Hearing The Mayor stated it was the time and place scheduled for a continued Public
Hearing 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 101-
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.
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.
The staff report was noted and further explained by Planner II Durkin.
The Mayor opened the Public Hearing.
Mr. Mola explained that this is an assisted living facility. He reviewed the
amenities available to the residents. He emphasized that it will be a licensed
facility.
The Mayor closed the Public Hearing.
)
(At 8:48 p.m. Councilman Dillon left the Council Chambers, and returned at
8:50 p.m.)
Motion was made by Councilman Gartman, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to continue this item to May 28, 2002 to
verify what licensing is being utilized to make this a commercial venture, a
wording revision to the resolution by the City Attorney's office, and the procedure
for establishing a conditional use permit process for this.
Councilman Velasco returned to his seat at the dais.
At 9:03 p.m. the Mayor called a recess, after which he recalled the meeting to
order.
Councilman Pinheiro recused himself from discussion and vote on this item due
to a conflict of interest, and stepped down from the dais.
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Ord.2002-8 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Pinheiro absent) to adopt Ordinance No. 2002-8
approving an application for a change in zoning designation from Rl (Single
Family Residential) to a combined RI-R3IPUD (Single Family Residential-Medium
Density Residential/Planned Unit Development) on approximately 7.3 acres, APNs
790-07 -012 and 790-07-013. Central Valley Corporation, applicant, Z 01-10.
ORDINANCE NO. 2002-8
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.
PASSED AND ADOPTED this 20th day of May, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
Res.2002-37 Motion was made by Councilman Morales, seconded by Councilman Gartman
and carried (Councilman Pinheiro absent) to adopt Resolution No. 2002-37
approving AlS 01-87, an application for Architectural and Site approval of a
Planned Unit Development (PUD) on 7.3 acres, APNs 790-07-012 and 790-07-
013, Central Valley Corporation, applicant.
RESOLUTION NO. 2002-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AlS 01-87, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON 7.3
ACRES, APNS 790-07-012 AND 790-07-013, CENTRAL VALLEY
CORPORATION, APPLICANT.
PASSED AND ADOPTED this 20th day of May, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
Councilman Pinheiro returned to his seat at the dais.
Appointment The Mayor noted an appointment to the vacant position on the Arts and
Culture Commission.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to appoint Carol Peters to the vacant position on the Arts and Culture
Commission.
Fourth Street/ The Mayor noted the Fourth Street/Carmel Street All Way Stop and Fourth
Carmel St. Street Speed Survey.
All Way Stop
Traffic Engineer Abrams reviewed the speed survey results for this intersection
and roadway, and also the all way stop request for this intersection.
A. 1. Young stated that the Penal Code allows the local governing agency to
revisit speeds due to roadway conditions. He stated that there are a number of
children in the area, speeds have increased, and visibility has decreased. He stated
that there is an increase in pedestrians in this area. He stated that by slowing the
cars down, you create more time for the drivers to react. He asked that a stop signrbe placed at this location.
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Motion was made by Councilman Gartman, seconded by Councilman Dillon
and the motion did not carry (Councilmembers Arellano, Dillon, Morales, Pinheiro,
Velasco, and Springer voting no) to continue this item to June 3,2002 to look at
the speed survey.
Motion was made by Councilman Pinheiro, seconded by Councilman Dillon
and carried (Councilmembers Gartman, Morales, and Springer voting no) to follow
staff recommendation to not change the speed limit or place all way stop controls
at this location.
PERS Contract The Mayor noted an Ordinance of the City Council of the City of Gilroy
Authorizing an Amendment to the Contract between the City Council of the City
of Gilroy and the Board of Administration of the California Public Employees'
Retirement System.
Motion was made by Councilman Dillon, seconded by Councilman Morales
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 to introduce the Ordinance to adopt an Ordinance Authorizing an
Amendment to the Contract between the City Council of the City of Gilroy and the
Board of Administration ofthe California Public Employees' Retirement System.
SB 1243
The Mayor noted information relating to SB 1243 regarding merging ABAG
and MTC.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to send a letter opposing SB 1243
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #18-2002 dated May 3,2002;
Letter to Assemblymember Simon Salinas in opposition to AB 2247; and
League of California Cities Priority Focus #19-2002 dated May 10, 2002.
Customer Service:
Letter of thanks from 1. N. Serigstad, Assistant Principal, Gilroy High School,
to Officers Bentson, Gillio, Guerin, Kadluboski, and Somavia specifically for the
interventions made on the night of the Junior Prom, and also for the daily service
and commitment of Officer Terasaki;
Letter of thanks from Emma Lucas and Vicki Caballero, Community Solutions,
to Officer Hank Snow for his participation in their 60-hour Domestic Violence and
Sexual Assault Training;
Email of thanks from Carla Turner to Gayle Glines, Greg Garcia, John Garcia,
Judy Mireles Janisch, Catherine Mirelez, Mark Dover, Myra Esparza and the rest
of the Community Services Department staff that was involved in testing at
Wheeler for all the assistance;
Email of appreciation from Marilyn Guerin to Gloria Gilleland for assistance
with a project;
Email of appreciation from Lisa Jensema to Chris Orr for assistance with Earth
Day;
SCRWA
4-9-02
Mini-Retreat
City Pin
7909
Emails of thanks from Pam Greeninger, City of Capitol a; Cathy Williams, City
of Salinas; and Lorraine Washington, City ofWatsonville to Rhonda Pellin for
coordinating a regional City Clerk's luncheon meeting;
Memorandum of appreciation from Chief Giusiana to Officers Hathaway and
Matsuhara for the way they conducted themselves during a call for service;
Letter of appreciation from Mary D. Stokes, State of California Resources
Agency, to Bob Connelly and the use of the TEEC building at Christmas Hill Park
and to Chris Weske and the Gilroy Fire Department for assisting with a
presentation; and
Email of thanks from Kirsten F. Carr, Gilroy Visitors Bureau, to Arlynn
Bumanglag for assistance in placing the directional sign on Tenth Street.
Informational items:
Gilroy Visitors Bureau Board of Directors minutes of April 16, 2002;
Redevelopment Agency Task Force agenda for May 21,2002 and minutes of
May 7,2002;
Charter Communication's announcement of rebuild Construction Hotline
Numbers: (408) 846-3798 or (800) 801-4386;
Notice of Application by Pacific Gas and Electric Company (PG&E) for a Gas
and Electric Revenue Increase to Fund the California Alternate Rates for Energy
Program;
Gilroy Economic Development Corporation minutes of April 12, 2002;
Letter from Charter Communications regarding Year 2002 LF A Basic Tier
Rate Increase Letter;
State of California Department of Finance Official State Population Estimates
as of January 1, 2002;
Information from the Advisory Council of the Council on Aging; and
City of Gilroy Investment Report dated April 2002.
The minutes of the South County Regional Wastewater Authority meeting of
April 9,2002 were noted.
The City Administrator noted a request to set a City Council/Planning
Commission mini-retreat for June 10, 2002 even though there will be members
absent, or set an alternate date. Council agreed to a workshop on June 10, 2002,
if a majority of the Planning Commission could attend.
The Mayor noted a discussion regarding a possible new design for the City pin.
Council agreed that the design is fine, and to just order more of the same pins.
Councilman Dillon stated that Memorial Day is in one week, and that they still
need volunteers and convertibles.
Councilman Morales thanked the Mayor for being the representative for the
Peace Officers' Memorial ceremony.
Councilman Arellano noted the advertisement for the California Health
Advocate's prescription drug resources from the Council on Aging. He
questioned the large sign at the north end of town advertising the car dealerships.
It was noted that bids are being solicited for the sign repair. He advised citizens to
be aware of earthquake safety.
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Adjournment
Councilman Pinheiro stated that he attended a community meeting put on by
the Police Department at Eliot School and that it was requested by some residents
that a stop sign be placed at the corner of Seventh and East Streets. It was noted
that staff will look into it.
Councilman Gartman thanked the community in general for the tremendous
support on the Memorial Day parade. He praised the Mayor's performance on
television and with the media representing the City after the earthquake. He noted
the recent opening of the Cherry Blossom Apartments, stating that this is the
perfect project for our City.
Councilman Velasco asked staff to look at the street signalization at Church
and Welburn and Monterey and Welburn.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
MAY 2002
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 - CANCELLED
28*Special City Council Meeting (RDO Public Hearing) - 6:30 p.m.,
Gilroy City Council Chambers
JUNE 2002
3 Hecker Pass Specific Plan Update - 6:00 p.m., Gilroy City Council Chambers
3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
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 SCRW A 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
22 WorkshoplDiscussion ofRDO Applications - 6:00 p.m., Gilroy Senior Center
Meeting Room
23 SCRWAMeeting -7:30 a.m., 1500 SouthsideDrive, Gilroy
AUGUST 2002
5*Regular City Council Meeting - 6:00 p.m., Gilroy City Council Chambers
(NOTE TIME CHANGE)
13 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
19*Regular City Council Meeting - 7:00 p.m., City Council Chambers
(CANCELLED)
27 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
At 10:26 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
7 /~)
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"11 \ it (lc'-t<, r{~{ -A I. / ~.
/s/ RHONDA PELLIN, CMC
City Clerk