Minutes 2002/12/02
Motion was made by Councilman Morales, seconded by Councilman Dillon
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:
Consent
Calendar
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.
The Mayor noted a certificate for retired Parks and Recreation Commission
member Kai Lai, who was not present to accept the certificate.
Kai Lai
Employee Award The Mayor presented the Employee Award for the Month of November, 2002
to Dave Bozzo, Fire Division Chief-Operations, Fire Department.
New Employee The Mayor introduced new employee Gregory Lopez, Firefighter I, Fire
Department.
The Mayor announced that the Council had adjourned from a Closed Session
regarding Public Employee Performance Evaluation for the City Administrator,
pursuant to Government Code Section 54957 and that the action would be
reported under the Mayor's Report at the end of the meeting.
The Mayor noted that under Orders of the Day that Item VIII. C. will be
moved before Bids and Proposals.
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W.
Springer - 7:05 p.m.
Roll Call
The City Clerk noted that the agenda had been posted on November 27,2002
at 10:30 a.m.
Posting
Agenda
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
December 2, 2002
Gilroy, California
79,97
7998
Minutes Minutes of the Regular Council Meeting of November 18, 2002;
Amend. SCCCA Amendments to the Santa Clara County Cities Association Bylaws;
Bylaws
Claims Denied claim of Jose Garcia;
EMS Agreements Emergency Medical Services (EMS) agreements for 1) Pre-Hospital
Emergency Medical Services and Supplemental Ambulance Transport Activities
and 2) Agreement for Services (Medical Director);
Res.2002-82 Adopted Resolution No. 2002-82 authorizing the use of the "Advance
Construction Authorization" process to proceed with the construction of Phase II
of the Monterey Streetscape Improvement Project using City funds to cover
project expenses until Federal reimbursement funds become available;
RESOLUTION NO. 2002-82
Resolution of the City of Gilroy authorizing the use of the "Advance Construction
Authorization" process to proceed with the construction of Phase II of the
Monterey Streetscape Improvement Project using City funds to cover project
expenses until Federal reimbursement funds become available.
PASSED AND ADOPTED this 2nd day of December, 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.
The Mayor deviated from the regular order of the agenda to accommodate
interested persons in the audience.
Cultural
Facility
The Mayor noted a review of the Cultural Facilities Task Force report on the
siting and preliminary design of the Cultural Facility.
The staff report was noted and further explained by the City Administrator,
explaining that the Task Force preference is Option #3A.
Motion was made by Councilman Velasco, seconded by Councilman Pinheiro
and carried (Councilman Gartman voting no) to approve Option #3A at Seventh
and Eigleberry Streets for siting and the preliminary design of the Cultural Facility.
The Mayor returned to the regular order of the agenda.
Bid-Prisoner
Transport
Van
The City Administrator presented a recommendation to purchase a Prisoner
Transport Van from Sirchie Finger Print Laboratories, Inc. (Vehicle Division) in
the amount of $46,929.00.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to purchase a Prisoner Transport Van from Sirchie Finger Print
Laboratories, Inc. (Vehicle Division) in the amount of $46,929.00.
Pub.Hearing
Z 02-06
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Zone change request from C3-PUD, M2 and HC (Shopping Center
Commercial-Planned Unit Development, General Industrial and Highway
Commercial), to C3/HC/M2-PUD (Shopping Center Commercial/Highway
Commercial/General Industrial-Planned Unit Development), on property located at
the southeast corner of Highways 101 and 152. Regency Realty Group, Inc.,
applicant, Z 02-06.
Pub.Hearing
TM 02-06
AlS 02-22
7999
The staff report was noted and further explained by Planner II Durkin,
Planning Division Manager Faus, Deputy Community Development Director
Greenhut, and Traffic Engineer Abrams, for all of the Regency issues.
At 9:29 p.m. the Mayor called for a recess, after which he recalled the meeting
to order.
The Mayor opened the Public Hearing for the three Regency issues.
Peter Knoedler, Regency Centers, noted that their schedule is to start
construction right after the first of the year, if they are successful this evening, with
Target opening in October, 2003. He noted his concerns with reducing parking,
that they will lose patrons for their restaurants. He stated that parking numbers are
written into their contracts as to what they will provide. He stated that they would
like to have enough parking available, and the 11 % compromise is acceptable. He
stated that they could add significant landscaping along the back by eliminating the
parking along the back and widening the landscaping strip. He noted the triangle
area is for storage. He explained that they could landscape around the trash
enclosures. He requested two pylon signs for the development. He stated that
they would prefer VT A provide the bus service, and stay off the site. He stated
that they will provide a bus stop on Camino Arroyo. He requested that if
sidewalks are required, that the condition state that they will be reimbursed by the
TIF. He stated that if they could keep the parking number stalls as requested, that
they could provide more mature landscaping, with larger size trees and bushes.
Bill Lindsteadt stated that they have worked on this for many years, and noted
that he was happy to see this before the Council tonight. He noted concerns with
requiring sidewalks. He stated that they tried a shuttle service between the
commercial area and the train, and explained that it just did not work. He
questioned the requirement for showers for this development. He suggested an
"Adopt an Interchange" program with the service clubs in town.
The Mayor closed the Public Hearing for the three Regency issues.
Jeff Foster, Denise DuffY & Associates, reviewed concerns regarding the
sidewalk requirement, noting a letter received from VT A .
Motion was made by Councilman Pinheiro, seconded by Councilman Velasco
and carried (Councilman Arellano voting no) to direct staff to prepare a resolution
of findings regarding certification of the EIR and to prepare a Statement of
Overriding Considerations with respect to each unavoidable effect set forth in the
EIR for consideration by the City Council, striking the requirement for showers
and shuttle service.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to direct staff to prepare an ordinance approving Z 02-06.
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Tentative Map request to subdivide 75.45 acres into 16 commercial
and industrial lots, on property located at the southeast corner of Highways 101
and 152. Regency Realty Group, Inc., applicant, TM 02-06.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to direct staff to prepare a resolution approving TM 02-06.
The Mayor deviated from the regular order of the agenda to accommodate
interested persons in the audience.
The Mayor noted an Architectural & Site Review Planned Unit Development
request for development ofa 458,419::1:: square foot shopping center on a 75.45
acre site, located at the southeast corner of Highways 101 and 152. Regency
Realty Group, Inc., applicant, AlS 02-22.
8000
Pub.Hearing
M 02-13
Pub.Hearing
TM 02-03
Councilman Arellano offered an amendment to the following motion, seconded
by Councilman Morales, and the motion did not carry (Councilmembers Dillon,
Gartman, Pinheiro, Velasco, and Springer voting no), to change the setbacks for
the development from 15' to 20'.
Councilman Arellano offered an amendment to the following motion, and the
motion died for lack of a second to the motion, to allow only one pylon sign.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried (Councilman Arellano voting no) to direct staff to prepare a resolution
approving AlS 02-22, with amendments to include making the landscaping 11 %
with mature landscaping, to add a new condition for architectural amenities
treatment of the rear of the buildings on Holloway to include a possible trellis, an
additional condition that arbors or appropriate enclosures be placed over the trash
enclosures, and that a 20' setback be enforced on Holloway Road by the Kohl's
building.
The Mayor returned to the regular order of the agenda.
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on approval of a Development Agreement for Regency Realty Group,
Inc., applicant, M 02-13.
Councilman Arellano offered an amendment to the following motion, seconded
by Councilman Morales, and the motion did not carry (Councilmembers Dillon,
Gartman, Pinheiro, Velasco, and Springer voting no), for the applicant to pass any
savings on to the tenants.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried (Councilman Arellano voting no) to direct staff to prepare an
ordinance approving M 02-13.
At 11: 13 p. m. the Mayor called for a recess, after which he recalled the
meeting to order.
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Tentative Map request to subdivide 8.35 acres into 9 industrial lots,
on property zoned M1 (Limited Industrial), located at the southeast corner of Las
Animas Avenue and Monterey Road. Lloyd Martin, applicant, TM 02-03.
The staff report was noted and further eXplained by Planner II Casper and
Traffic Engineer Abrams.
The Mayor opened the Public Hearing.
Lloyd Martin commented on the street naming, and noted a building they are
currently completing at the corner of Las Animas and Murray, noting that they will
conform to City standards. He commented that they had no problems with the
construction, that they did the street improvements, and are aware of the City's
policies and believe that they can adhere to them again. He stated that he would
be approaching the Council at a future meeting for annexation of the other
properties in the area.
The Mayor closed the Public Hearing.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to approve the Mitigated Negative Declaration, finding that (a) it is
completed in compliance with CEQA; (b) it reflects the independent judgment of
the City, and (c) there is no substantial evidence that the project will have a
significant effect on the environment.
Motion was made by Councilman Dillon, seconded by Councilman Pinheiro
and carried to direct staff to prepare a resolution approving TM 02-03.
8001
SHE 02-01 The Mayor noted a Senior Housing Exemption request from the RDO to
develop 39 cottage units within the Village Green Development, located at the
southwest corner of Santa Teresa Boulevard and Hecker Pass Highway, on
property zoned R3/PUD (Medium Density ResidentiallPlanned Unit
Development). Coastal Rim Properties, applicant, SHE 02-01.
Councilman Velasco recused himself from discussion and vote on this issue
due to a conflict of interest as to property ownership in the area, and stepped down
from the dais.
The staff report was noted and further explained by Planner II Durkin.
Motion was made by Councilman Morales, seconded by Councilman Arellano
and carried (Councilman Velasco absent) to direct staff to prepare a resolution
approving SHE 02-01.
Councilman Velasco returned to his seat at the dais.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #41-2002 dated November 15,
2002.
Customer Service:
Letter of thanks from Caren Black, Assistant Principal, Brownell Academy of
Humanities and Fine Arts, to Police Officers Mike Terasaki, Cherie Somavia, Pat
Sullivan and Randy Bentson for the support the Gilroy Unified School District
receives and their successful work with students and parents on the campuses;
Email of thanks from Cindie Taylor to Jay Baksa for the Customer Service
Training that he provided to new employees;
Email of thanks from Cindy Lister to Lisa Jensema for her assistance in
changing the pick-up time for garbage removal near her home;
Email of thanks from Louise Fortino to the tree crew for the excellent job they
did on her four trees;
Letter of thanks from JeffClet to Rick Brandini and the Facilities Group (Chris
Rogers and Bob Bozzo) for their work on a special project to rehab the Las
Animas Fire Station;
Letter from St. Joseph's Family Center forwarding an $8,000.00 check from
the Housing Authority for the upcoming Ochoa Winter Center Program;
Email of thanks from Tina Kekaha to Marty Quiroz for his assistance with
software conversion for the RecWare product; and
Memorandum of thanks from Fire Chief Clet to Chris Rodgers and Bob Bozzo
for their assistance in removing a dead animal from an office wall.
Informational items:
City of Gilroy Investment Report dated September, 2002;
Notice of application for a gas rate increase and an electric revenue increase
for Pacific Gas and Electric Company (PG&E);
8002
Letter of appreciation from Suzanne Jackson, Santa Clara County Domestic
Violence Council, for the City of Gilroy's $1,000.00 sponsorship of the lOth
Annual Domestic Violence Council Conference "Ending Family Violence: A
Decade of Progress;"
City of Gilroy Investment Report dated October, 2002; and
Community Development Department - Planning Division monthly report of
long-range applications and status ofRDO allocation and activity dated November
26, 2002.
Gang Task Force The minutes of the Gilroy Gang Task Force retreat of October 4,2002 were
10-4-02 noted.
Library Com.
10-9-02
The minutes of the Library Commission meeting of October 9,2002 were
noted.
P & R Com. The minutes of the Parks & Recreation Commission meeting of October 15,
10-15-02 2002 were noted.
Sr.Adv.Board The minutes of the Senior Advisory Board meeting of October 21,2002 were
10-21-02 noted.
Youth Com.
10-14-02
The minutes of the Gilroy Youth Commission meeting of October 14, 2002
were noted.
The City Administrator asked that each Councilmember set up an interview
time through the City Clerk to meet with Marilyn Manning regarding the retreat.
He requested retreat topics for January.
Petition re:
Transmission
Towers
The City Attorney noted information regarding a petition to enact an ordinance
restricting transmission towers and transmitters. She explained that it would be
illegal for the City to adopt an ordinance restricting these towers and transmitters
due to health reasons.
Merit Increase The Mayor noted a recommendation and authorization for a merit increase for
for the City the City Administrator for performance during the period of September, 2001 to
Administrator September, 2002, effective January 1, 2003.
Motion was made by Mayor Springer, seconded by Councilman Morales and
carried to authorize increasing the City Administrator's compensation by 5%,
which will be an addition to his deferred compensation.
The Mayor thanked all the volunteers who served on Thanksgiving Day at St.
Mary's.
Councilman Morales thanked the community for giving to the Salvation Army
and St. Joseph's. He stated that the Salvation Army is looking for bell ringers.
Councilman Pinheiro invited everyone, on behalf of the Bonfante Gardens
Board of Directors, to Bonfante Gardens on Sunday, December 8th from 4:00 p.m.
to 8:00 p.m. for an Appreciation Evening. He stated that there is no charge for
admission, but there is a $2.00 parking fee. He also commented on the Christmas
tree lighting on Saturday night at 6:30 p.m. downtown.
Councilman Gartman stated that Santa will be downtown all day on Saturday
with his "special" reindeer.
Councilman Velasco noted that the street sign at the corner of Broadway and
Carmel is mangled. He questioned the topic for the study session on December
16th regarding the Sargent Ranch, and was told that it is just for our information
and to get the City's opinion as to its merits, before they move forward.
The Mayor noted the following meetings/events:
Adjournment
8003
*Meeting will be televised on Channel 17
DECEMBER 2002
2 Study Session - Review ofthe Cultural Facilities Task Force
Recommendations - 6:00 p.m., Gilroy City Council Chambers
2 Closed Session of the Council - Performance Evaluation of the City
Administrator - 6:50 p.m., Administration Conference Room, Gilroy City Hall
2*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
9 Interviews for Boards/Commissions - 6:00 p.m., Gilroy City Council
Chambers
9 Council Interviews - Agricultural Mitigation Measure Policy Power Task
Force - 7:30 p.m., Gilroy City Council Chambers
10 SCRWAMeeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16 Study Session - Sargent Ranch - 6:00 p.m., Gilroy City Council Chambers
16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
JANUARY 2003
6 Study Session - Update on the Mujedes Pueden Project - 6:00 p.m., Gilroy
City Council Chambers
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 Annual Retreat - 8:00 a.m. to 4:00 p.m., Hilton Garden Inn, 6070 Monterey
Street, Gilroy, (dinner at 6:00 p.m. - Mama Mia's Restaurant, 1360 First
Street, Gilroy)
11 Annual Retreat - 9:00 a.m. to 2:00 p.m., Hilton Garden Inn, 6070 Monterey
Street, Gilroy
13 Study Session - Update on Old City Hall- 6:00 p.m., Willey House, 140 Fifth
Street, Gilroy
13 Council Interviews - Downtown Specific Plan Power Task Force - 7:00 p.m.,
Willey House, 140 Fifth Street, Gilroy
14 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
21 *Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
27 Study Session - Discussion on Information Systems Program Model- 6:00
p.m., Willey House, 140 Fifth Street, Gilroy
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
FEBUARY 2003
3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 Council Interviews - Neighborhood District Power Task Force - 6:30 p.m.,
Gilroy City Council Chambers
10*Joint Council/Planning Commission Study Session - Review the 2004 cm-
7:30 p.m., Gilroy City Council Chambers
11 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 12:09 a.m. the Mayor adjourned the meeting.
Respectfully submitted,
'A J;;L U? .
c. .' ,.ledl' \ --f./j AA'--
/s/ \ RHONDA PELLIN, CMC
City Clerk