Minutes 2002/07/01
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Posting
Agenda
Roll Call
Evangeline
Moniz
Consent
Calendar
Minutes
Ord.2002-10
Regular Meeting
July 1, 2002
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the agenda had been posted on June 26, 2002
at 3:45 p.m.
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Roland Velasco, and Thomas W. Springer; Absent:
Councilmember Al Pinheiro - 7:02 p.m.
Councilman Arellano noted that he was absent for the June 3,2002 meeting,
but that he had reviewed the video tape and will vote on matters brought forward
from that meeting.
Councilman Dillon stated that he has stepped out of the Council Chambers
during the vote on AlS 02-05 on June 3,2002, and noted that he will vote on that
item at this meeting.
The Mayor noted a certificate for retired Public Art Committee member
Evangeline Moniz, who was not present to accept the certificate.
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 Dillon, seconded by Councilman Gartman
and carried that the following items under the Consent Calendar be approved,
removing Item D. Approval of an Economic Incentive Agreement for Costco
Wholesale Corporation and Item E. Resolution for an all-way stop at the
intersection of Wayland Lane and Sherwood Drive, by the following Roll Call
Vote: Ayes: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Roland Velasco, and Thomas W. Springer; Absent:
Councilmember Al Pinheiro:
Minutes of the Special Council Meeting of June 13, 2002 and the Regular
Council Meeting of June 17, 2002;
Adopted Ordinance No. 2002-10 approving an application for a change in
zoning designation from Rl (Single Family Residential) to PF (Public Facility) and
to overlay the Civic Center Complex in a Planned Unit Development (PUD),
APNs 799-17-043, 799-17-044, 799-17-045, 799-17-066, 799-17-069, 799-17-
070, 799-08-054, and 799-08-058. City of Gilroy, applicant, Z 01-09;
ORDINANCE NO. 2002-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A CHANGE IN ZONING
DESIGNATION FROM Rl (SINGLE F AMIL Y RESIDENTIAL) TO PF
(PUBLIC FACILITY) AND TO OVERLAY THE CIVIC CENTER COMPLEX
IN A PLANNED UNIT DEVELOPMENT (PUD), APNS 799-17-043, 799-17-
044, 799-17-045, 799-17-066, 799-17-069, 799-17-070, 799-08-054, AND 799-
08-058. CITY OF GILROY, APPLICANT, Z 01-09.
PASSED AND ADOPTED this 1 st day of July, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
Res.2002-48 Adopted Resolution No. 2002-48 approving AlS 02-05, an application for
Architectural and Site Approval of a Planned Unit Development (PUD) on
approximately 53,231 square feet, APN 799-17-066;
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RESOLUTION NO. 2002-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AlS 02-05, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON
APPROXIMATELY 53,231 SQUARE FEET, APN 799-17-066.
PASSED AND ADOPTED this 1 st day of July, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
Household Haz. Approved the Second Amendment to Agency Agreement for Countywide
Waste Prog. Household Hazardous Waste Program;
Res.2002-49 Adopted Resolution No. 2002-49 authorizing the City of Gilroy to apply for
funding from the California Energy Commission for battery backup systems
operating with light emitting diode traffic signals, authorizing the City of Gilroy to
accept a grant up to $23,940.00 if recommended for funding by the California
Energy Commission, and authorizing the City Administrator or his designee to
execute all necessary documents to implement and carry out the purpose of this
resolution and to undertake all actions necessary to undertake and complete the
energy efficiency project in the name of the City of Gilroy;
RESOLUTION NO. 2002-49
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE CITY OF GILROY TO APPLY FOR FUNDING FROM
THE CALIFORNIA ENERGY COMMISSION FOR BATTERY BACKUP
SYSTEMS OPERATING WITH LIGHT EMITTING DIODE TRAFFIC
SIGNALS, AUTHORIZING THE CITY OF GILROY TO ACCEPT A GRANT
UP TO $23,940.00 IF RECOMMENDED FOR FUNDING BY THE
CALIFORNIA ENERGY COMMISSION, AND AUTHORIZING THE CITY
ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE ALL NECESSARY
DOCUMENTS TO IMPLEMENT AND CARRY OUT THE PURPOSE OF
THIS RESOLUTION AND TO UNDERTAKE ALL ACTIONS NECESSARY
TO UNDERTAKE AND COMPLETE THE ENERGY EFFICIENCY PROJECT
IN THE NAME OF THE CITY OF GILROY;
PASSED AND ADOPTED this 1 st day of July, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
Claims
Denied claims of Marina DelVillar, a minor and Daniel Sandoval;
Prop.Impr.Agr. Property Improvement Agreement No. 2002-26, Tract Map 9443 and
No.2002-26 Improvement Plans, Kern Avenue, APN 790-19-086,087 & 088, Neil Mussallem;
Tract 9443 and
Prop.Impr.Agr. Property Improvement Agreement No. 2002-25 and Tract Map 9411, portion
No.2002-25 of APN 783-20-044 (parcels A & B not included), Sunrise Estates, Bay Colony
Tract 9411 Investors II, Inc., Alan Pinn, President.
Costco Motion was made by Councilman Dillon, seconded by Councilman Gartman
and carried (Councilman Pinheiro absent) to approve an Economic Incentive
Agreement for Costco Wholesale Corporation in the amount of$1,316,590.96.
Res.2002-50 Motion was made by Councilman Dillon, seconded by Councilman Gartman
and carried (Councilman Pinheiro absent) to adopt Resolution No. 2002-50
establishing an all-way stop at the intersection of Wayland Lane and Sherwood
Drive in the City of Gilroy pursuant to Section 15.40 of the City Code;
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RESOLUTION NO. 2002-50
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF
WAYLAND LANE AND SHERWOOD DRIVE IN THE CITY OF GILROY
PURSUANT TO SECTION 15.40 OF THE CITY CODE.
PASSED AND ADOPTED this 1st day of July, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
Bid-Master
Plans
The City Administrator presented a recommendation to award the bid to
provide Professional Services for the Water, Sewer and Storm Master Plans (RFP-
02-CDD-282) to Carollo Engineers in the amount of $450,000.00.
Motion was made by Councilman Dillon, seconded by Councilman Gartman
and carried (Councilman Pinheiro absent) to award the bid to provide Professional
Services for the Water, Sewer and Storm Master Plans (RFP-02-CDD-282) to
Carollo Engineers in the amount of $450,000.00.
Pub.Hearing The Mayor stated it was the time and place scheduled for a Public Hearing on
WeedsIRefuse report and assessments for weeds and refuse abatement.
Abatement
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing. There being no comment from the
audience, the Mayor closed the Public Hearing.
Res.2002-51 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Pinheiro absent) to adopt Resolution No. 2002-51
confirming the report of the Chief of the Fire Department setting forth the
description of property, the owners thereof, and the cost of abating the nuisance
caused by the growing of weeds and accumulation of refuse in the City of Gilroy,
and providing that such cost shall constitute assessments against the respective
owners ofland.
RESOLUTION NO. 2002-51
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT
SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS
THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY
THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE
CITY OF GILROY, AND PROVIDING THAT SUCH COST SHALL
CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF
LAND.
P AS SED AND ADOPTED this 1 st day of July, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
Z 02-02
The Mayor noted an Ordinance of the City of Gilroy amending Gilroy Zoning
Ordinance Section 50.62 to add a subsection to exempt transitional housing units
from the provisions of the Residential Development Ordinance, City of Gilroy,
Z 02-02.
The City Attorney explained a modification to the wording to clarify the
meaning in the second sentence of the paragraph which was to change the word
"units" to the word "component".
7935
Motion was made by Councilman Dillon, seconded by Councilman Morales
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 Pinheiro absent) to introduce the Ordinance approving
Z 02-02.
Econ.Inc.Agr. The Mayor noted further discussion and review on a request for an Economic
Regency Incentive Agreement for Regency Centers.
Centers
The staff report was noted and further explained by the City Administrator.
Pete Knoedler, Regency Centers, noted that the City Administrator gave a
good job of describing what they are proposing. He noted that the 180 days is
open to discussion, and agreed that they could live with 120 days. He explained
the proposed procedure regarding the leasing vs. the economic incentive.
The City Attorney clarified that the development agreement has not yet been
prepared and will include additional requirements that are not before the Council at
this meeting.
T om Engberg, Regency Centers, clarified that the details will be worked out in
the development agreement. He stated that with regard to the number of days,
that he hoped that the date starts from the date they get the first incentive on that
building to the date of the signing of the lease, as opposed to occupancy of the
space.
Bill Lindsteadt noted support of the EDC for this project, explaining that they
have worked long and hard for development of this area. He noted a letter of
support from the Chamber of Commerce.
Motion was made by Mayor Springer, seconded by Councilman Velasco and
carried (Councilmembers Arellano and Morales voting no and Councilman
Pinheiro absent) to revise the previous action (of6-17-02) by directing Staff to
work with Regency on pursuing a development agreement as outlined in the Staff
report under the terms and conditions that were discussed as outlined in the Staff
report allowing Regency to have an Economic Incentive starting at the point of
first occupancy issued for the Center and progressing forth, Staff to develop the
terms of both lease and occupancy days, whether it be 120 days to lease and 180
days to then occupancy, whatever is necessary to accomplish the goals of this
Council, as they were expressed at this meeting tonight.
Com.Fac.Dist. The Mayor noted a Resolution supplementing Resolution No. 2000-91, "A
No. 2000-1 Resolution authorizing the issuance of special tax bonds, and approving and
(Hwy.152) authorizing related documents and actions".
The staff report was noted and further explained by Administrative Services
Director Dorn.
Res.2002-52 Motion was made by Councilman Velasco, seconded by Councilman Gartman
and carried (Councilman Pinheiro absent) to adopt Resolution No. 2002-52
Supplementing Resolution No. 2000-91, "A Resolution authorizing the issuance of
Special Tax Bonds, and approving and authorizing related documents and
actions" .
RESOLUTION NO. 2002-52
A RESOLUTION SUPPLEMENTING RESOLUTION NO. 2000-91, "A
RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS,
AND APPROVING AND AUTHORIZING RELATED DOCUMENTS AND
ACTIONS".
PASSED AND ADOPTED this 1 st day of July, 2002, by the following vote;
7936
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
Lowe's
The Mayor noted a request for an Economic Incentive Agreement for Lowe's
Home Improvement Warehouse.
The staff report was noted and further explained by the City Administrator.
(At 8: 13 p.m. Councilman Dillon left the Council Chambers, and returned at
8:15 p.m.)
Amy Herman, Sedway Group, noted that they reviewed the sales tax, both new
and that which would be diverted from other similar businesses in Gilroy. She
noted that Lowe's projection of sales tax generation of$122,710,000 is actually
conservative. She reviewed the impacts and the degrees of impacts to other
businesses. She noted that the educational aspect of Lowe's would cause
additional spending on home improvement projects. She noted that her firm
believes that the stronger stores would bounce back rather quickly from the
opening of the Lowe's store, and the smaller retailers would take a bit longer.
Stephen Gale, Lowe's, stated that he was present to answer any questions. He
stated that he was very impressed with the Sedway analysis, and stated that the
20% growth figure was more in line with what they are anticipating.
Bill Lindsteadt noted that it has been 2 1h years that they have been working on
this project. He commented on the advantage to Gilroy by having this project in
Gilroy, noting the synergy that will be generated.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Arellano voting no and Councilman Pinheiro absent) to
approve an Economic Incentive Agreement for Lowe's Home Improvement
Warehouse in the amount of $902,394.00.
League- Voting The Mayor noted a request to designate the Voting Delegate and Alternate for
Delegate the League of California Cities Annual Conference.
Motion was made by Councilman Gartman, seconded by Councilman Velasco
and carried (Councilman Pinheiro absent) to designate Mayor Springer as the
Voting Delegate and Councilman Morales as the Alternate for the League of
California Cities Annual Conference.
The following informational items were noted with no separate discussion on
same:
Legislation:
Letter to Senator McPherson regarding support for SB 994 - Skateboard
Parks;
Letter to Hon. Bruce McPherson regarding opposition to SB 1243 - partial
merger ofMTC & ABAG; and
League of California Cities Priority Focus j24-~OO2 dated June 14,2002.
Customer Service:
Email of appreciation from Tom Kennedy to Arlynn Bumanglag, Carla Ruigh,
and Todd Barreras for their assistance in installation of barricades in the area of
Hogan Way and Saddler Drive;
Letter of thanks from Robbie Bos, Rio Hondo College Training Program, to
Officer Jason Kadluboski for serving as a scenario evaluator;
A& C Com.
5-14-02
7937
Email of commendation from Ed Bozzo to Wade Berry and Raul Caballero for
responding to a safety concern, commenting on their great sense of self initiative
and pride towards their job and the safety of others;
Memorandum of appreciation from Chief Giusiana to Sgts. Kludt and Provost;
Officers Devlin, Somavia, Remmick, and Sullivan; and CSO Gutierrez for their
participation in the Tip-a-Cop event held at Applebees for Special Olympics which
raised $2,062.00;
Letter of appreciation from the Family of Harry Hammelev for the presence
and participation ofthe Gilroy Police Department (Sgt. Kludt, Sgt. Sheedy, Sgt.
Ramirez, and Officer Sullivan) at the funeral service for their father, retired Deputy
Sheriff Harry Hammelev;
Memorandum of appreciation from Chief Giusiana to Sgt. Kludt; Officers
Kadluboski, Somavia, Matsuhara, and Sullivan; CSOs Gutierrez and Muraoka;
Parking Enforcement Tech. Hartley; MSOs Sullivan and Dutton; PRTs 1. Ines and
A. Ines; and D.A. Carrubba for their participation in the recent Torch Run for
Special Olympics which raised $753.00; and
Letter of gratitude from Bob Cooke, UN.E. T., to UNET Case Agent
Gallacinao; Team 6 Sgt. Crumrine; Cpl Callahan; Officer Madruga; ACT Sgt.
Flippo; Officer Gillio; SOG Sgt. Flippo; Sgt. Provost; Cpls. Ashley and Locke-
Paddon; Officers Sullivan, Hernandez, Bolton, Tiner, Roccaforte, N. Quinones,
and Orlando; HNT Officers Devlin and Guerin; MSO Hogue; and Dispatchers
Carpenter, Arthur, and Sampaolo for their excellent assistance in a recent seizure
of a methamphetamine lab on Sunrise Drive in Gilroy.
Informational items:
Letter from Dan McGough, Charter Communications, regarding
communications with Gilroy customers;
Letter from Phyllis A. Perez, Clerk of the Board of Supervisors, County of
Santa Clara, announcing that the Board agenda and related materials are now
available online;
Gilroy Economic Development Corporation minutes of May 10,2002;
Notice offiling of application for gas and electric revenue increases: 2002
attrition revenue adjustment (ARA) proceeding for PG&E; and
Santa Clara County Local Agency Formation Commission Final Budget for FY
2002-2003.
The minutes of the Arts and Culture Commission meeting of May 14, 2002
were noted.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of May 7,2002 were
5-7-02 noted.
P&RCom.
5-21-02
SCRWA
5-14-02
Youth Com.
5-13-02
The minutes of the Parks & Recreation Commission meeting of May 21,2002
were noted.
The minutes of the South County Regional Wastewater Authority meeting of
May 14, 2002 were noted.
The minutes of the Youth Commission meeting of May 13,2002 were noted.
The City Administrator noted the League of California Cities Annual
Conference scheduled October 2-5,2002 in Long Beach. He requested
Councilmembers contact the City Clerk if they would like to attend.
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Cultural Facility The Mayor noted an update on the construction and financing of the Cultural
Facility.
(At 8:51 p.m. Councilman Arellano left the Council Chambers, and returned at
8:53 p.m.)
Motion was made by Councilman Velasco, seconded by Councilman Arellano
and carried (Councilman Gartman voting no and Councilman Pinheiro absent) to
reaffirm the five goals/mission of the Cultural Facility Task Force including 1)
What are the wants and needs of the Gilroy cultural community?, 2) What
programs would go into the new Center?, 3) What are the capital costs associated
with the new Center?, 4) Who or how is it going to be operated by and managed?,
and 5) How is it going to be financed?, and that the Task Force will continue
discussions on the siting for the facility when appropriate, but that City Staff will
not invest any further time in negotiations and analysis of the proposed site at
south Monterey Street.
Councilman Arellano wished everyone a happy and safe 4th of July.
Councilman Gartman wished everyone a Happy 4th of July and noted the City
fireworks program is at Gilroy High School, reminding everyone that the 16
fireworks stands are for local groups for fundraising.
Councilman Velasco reminded the citizens to keep fireworks away from the
hillsides, and for everyone to have a safe and sane 4th of July.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
JULY 2002
1 Discussion and review of the Economic Incentive Agreement for Regency
Centers - 6:00 p.m., Gilroy City Council Chambers
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 Youth Commission Interviews - 6:00 p.m., Gilroy City Council Chambers
15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22 Workshop/Discussion ofRDO Applications - 6:00 p.m., Gilroy Senior Center
Meeting Room
23 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
23 SCRW A Meeting - 10:00 a.m., 1500 Southside Drive, Gilroy (IF NEEDED)
23 SCRWA Workshop - 11:00 a.m. to 2:00 p.m., 1500 Southside Drive, Gilroy
AUGUST 2002
5*Regular City Council Meeting - 6:00 p.m., Gilroy City Council Chambers
(NOTE TIME CHANGE)
13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
19*Regular City Council Meeting -7:00 p.m., City Council Chambers
(CANCELLED)
27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
SEPTEMBER 2002
3*Regular City Council Meeting - 6:00 p.m., Gilroy City Council Chambers
6 City Council Mini-Retreat - 8:00 a.m. to 2:00 p.m., Willey Cultural Center,
140 Fifth Street, Gilroy
10 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16*Regular City Council Meeting - 7:00 p.m., City Council Chambers
24 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
At 9: 12 p.m. the Mayor adjo.J..J.~d the meeting.
, ReSPj~fullY sUbmitte~ .
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( \, Ic,v I' t.::7(,-v,- j A ( (v^,-
/s/ RHONDA PELLIN, CMC
City Clerk