Minutes 2003/01/06
L
The Mayor noted that under Orders of the Day that Florence Trimble passed
away on December 29,2002 and Joe Chase passed away last night, and that he
would be adjourning this meeting in memory of them both.
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.
The City Clerk noted that the agenda had been posted on January 2,2003
at 2:50 p.m.
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
January 6,2003
Gilroy, California
8013
Roll Call
Posting
Agenda
8014
New Employees The following new employees were introduced: Joseph Hernandez, Public
Works Maintenance I, Community Services Department and Martin Beltran,
Police Officer, Police Department. Eustaquio Rodriguez, Police Officer, Police
Department was not present for introduction.
Employee Award The Mayor presented the Employee Award for the Month of December, 2002
to Noel Provost, Sergeant, Police Department.
Project
Sentinel
Board/Com.
Members
The Mayor noted a presentation by Project Sentinel to describe the services
provided to the City of Gilroy and discuss funding options for their program.
Martin Eichner reviewed the services of Project Sentinel and requested 70% of
their funding be provided by the City of Gilroy.
The Mayor introduced and the City Clerk swore in the following new Board
and Commission members:
Caryn Smith, Arts and Culture Commission
Ryan Romero, Library Commission
Jeanne Gage, Parks and Recreation Commission
Denise M. Jungling, Parks and Recreation Commission
John Young, Personnel Commission
New Board and Commission Members Karen J. LaCorte, Arts and Culture
Commission, and Joseph Curro, Building Board of Appeals, were not present for
introduction.
Retired Board/ The Mayor presented a certificate to the following Commission member:
Commission Donna R. Pray, Arts and Culture Commission
Members
Consent
Calendar
Minutes
Budget
Surplus Equip.
Res. 2003-01
The following retired board and Commission members were not present to
receive their certificate:
Lael McCormack, Arts and Culture Commission
Edward Merrell, Library Commission
Albert Roybal, Parks and Recreation Commission
Rosalinda Lopez, Personnel Commission
Belinda Allen, Building Board of Appeals
Victoria Barnett, Youth Commission
Jennessa L. Locklin, Youth Commission
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 Morales
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:
Minutes of the Regular Council Meeting of December 16, 2002 and the Special
Council Meeting of December 18, 2002;
Budget Amendments/Transfers as recommended;
Declared equipment as surplus; and
Adopted Resolution No. 2003-01 approving SHE 02-02, an application for a
Senior Housing Exemption from the Residential Development Ordinance, APN
808-01-012, Benassi Oaks, applicant.
RESOLUTION NO. 2003-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SHE 02-02, AN APPLICATION FOR A SENIOR HOUSING
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE,
APN 808-01-012, BENASSI OAKS, APPLICANT.
8015
PASSED AND ADOPTED this 6th day of January, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
P&RCom.
Report
Sherri Stewart, member of the Parks and Recreation Commission, noted that
the Community Services Department has begun their winter recreational
programming including an after school program and other programs at the Ochoa
Migrant Camp. She noted that Carriage Hills Park and Los Arroyos Park Master
Plans are complete and Sunrise Park Master Plan will be complete soon. She
explained that the Commission has been involved in the Cultural Facilities Task
Force meetings. She noted that the Historical Society is interested in placing a
marker at the Golf Course at the site of the former Chinese cemetery. She noted
that the Bike and Pedestrian Subcommittee will tackle a Trails Master Plan soon.
She noted that Joe Chase was the Bike and Pedestrian Subcommittee Chairperson
and that they will miss him a lot.
Commissioner Puente wished everyone a Happy New Year and thanked the
Council for the two new commissioners Jeanne Gage and Denise Jungling.
Bid-Hecker Pass Acting City Administrator Dorn presented a recommendation to award the
Specific Plan contract to prepare the Hecker Pass Specific Plan EIR to EMC Planning Group,
EIR Inc. in the amount of$125,253.70.
Councilman Velasco recused himself from discussion and vote on the following
issue, due to a conflict of interest of owning property in the vicinity and stepped
down from the dais.
Motion was made by Councilman Pinheiro, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to award the contract to prepare the
Hecker Pass Specific Plan EIR to EMC Planning Group, Inc. in the amount of
$125,253.70.
Councilman Velasco returned to his seat at the dais.
Ord.2003-01 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to adopt Ordinance No. 2003-01 approving an application for a change
in zoning designation from C3/PUD (Shopping Center CommerciallPlanned Unit
Development), M2 (General Industrial) and HC (Highway Commercial) to C3-
M2-HC/PUD (Shopping Center Commercial-General Industrial-Highway
CommerciaV Planned Unit Development) on approximately 75.54 acres, APNS
84170-017,018,019 and 841-67-020, 021, 022, Regency Realty Group, applicant,
Z 02-06.
ORDINANCE NO. 2003-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A CHANGE IN ZONING
DESIGNATION FROM C3/PUD (SHOPPING CENTER
COMMERCIAL/PLANNED UNIT DEVELOPMENT), M2 (GENERAL
INDUSTRIAL) AND HC (HIGHWAY COMMERCIAL) TO C3-M2-HC/PUD
(SHOPPING CENTER COMMERCIAL-GENERAL INDUSTRIAL-HIGHWAY
COMMERCIAL/ PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY
75.54 ACRES, APNS 84170-017, 018, 019 AND 841-67-020, 021, 022,
REGENCY REALTY GROUP, APPLICANT, Z 02-06.
PASSED AND ADOPTED this 6th day of January, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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Ord. 2003-02 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Arellano voting no ) to adopt Ordinance No. 2003-02
approving a Development Agreement between the City of Gilroy and Regency
Realty Group, Inc. for the Gilroy Crossing Regional Shopping Center Project, M
02-13 .
ORDINANCE NO. 2003-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
GILROY AND REGENCY REALTY GROUP, INC. FOR THE GILROY
CROSSING REGIONAL SHOPPING CENTER PROJECT, M 02-13.
PASSED AND ADOPTED this 6th day of January, 2003, by the following vote;
AYES: COUNCILMEMBERS: DILLON, GARTMAN, MORALES,
PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: ARELLANO
ABSENT: COUNCILMEMBERS: NONE
Res. 2003-02 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to adopt Resolution No. 2003-02 approving TM 02-06, a Tentative
Map to subdivide an approximately 75.54 acre site into 16 commercial and
industrial lots located at the southeast corner of Highways 101 and 152, APNs
841-70-017, 018, 019 and 841-67-020, 021, 022, Regency Realty Group,
applicant.
RESOLUTION NO. 2003-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 02-06, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 75.54 ACRE SITE INTO 16 COMMERCIAL AND
INDUSTRIAL LOTS LOCATED AT THE SOUTHEAST CORNER OF
HIGHWAYS 101 AND 152, APNS 841-70-017, 018, 019 AND 841-67-020, 021,
022, REGENCY REALTY GROUP, APPLICANT.
PASSED AND ADOPTED this 6th day of January, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS: NONE
Res. 2003-03 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Arellano voting no) to adopt Resolution No. 2003-03
approving A/S 02-22, an application for Architectural and Site approval of a
Planned Unit Development (PUD) on approximately 47.99 acres, APN 841-67-
020, Regency Realty Group, applicant.
RESOLUTION NO. 2003-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 02-22, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON
APPROXIMATELY 47.99 ACRES, APN 841-67-020, REGENCY REALTY
GROUP, APPLICANT.
PASSED AND ADOPTED this 6th day of January, 2003, by the following vote;
AYES: COUNCILMEMBERS: DILLON, GARTMAN, MORALES,
PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: ARELLANO
ABSENT: COUNCILMEMBERS: NONE
Councilman Velasco recused himself from discussion and vote on the following
issue, due to a conflict of interest of owning property in the vicinity and stepped
down from the dais.
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Res. 2003-04 Motion was made by Councilman Dillon, seconded by Councilman Arellano
and carried (Councilman Velasco absent) to adopt Resolution No. 2003-04
modifying the decision of the Planning Commission approving CUP 02-08
resulting from an appeal of that decision, and approving as so modified CUP 02-
08, a request for a Conditional Use Permit in order to operate an Alzheimer's and
Assisted Living Facility in the Village Green Development, APN 810-21-006,
DMA Gilroy Partners, applicant.
RESOLUTION NO. 2003-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
MODIFYING THE DECISION OF THE PLANNING COMMISSION
APPROVING CUP 02-08 RESULTING FROM AN APPEAL OF THAT
DECISION, AND APPROVING AS SO MODIFIED CUP 02-08, A REQUEST
FOR A CONDITIONAL USE PERMIT IN ORDER TO OPERATE AN
ALZHEIMER'S AND ASSISTED LIVING FACILITY IN THE VILLAGE
GREEN DEVELOPMENT, APN 810-21-006, DMA GILROY PARTNERS,
APPLICANT.
PASSED AND ADOPTED this 6th day of January, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Councilman Velasco returned to his seat at the dais.
The Mayor noted Item IX.B.3. commending City Clerk Pellin for her
acceptance into the IIMC Master Municipal Clerk Academy.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #44-2002 dated December 13, 2002;
Letter from Assemblyman Simon Salinas to Mayor Springer regarding his
concerns regarding the current budget situation; and
League of California Cities Priority Focus #45-2002 dated December 20,2002.
Customer Service:
Email of thanks from Robin Diefenderfer to Sergeant Greg Flippo for keeping
Gilroy safe with the gang crime unit;
Letter of appreciation from Lila and Chris Cimino to all the employees who
assisted in the approval of their new home;
Email of appreciation from Officer Michael Bolton to Kayed Asfour, Police
Explorer, for assistance in a training program;
Letter of commendation from Jamie Buckmaster, Santa Clara County Adult
Protective Services, to Officer Daniel Zen for assistance with a case;
Letter of thanks from Chief William M. Lansdowne, City of San Jose, to
Corporal Kurt Ashley for his assistance in producing a training video; and
Note of thanks from Melanie Livingston, Cub Scout Leader, to Officer Pat
Sullivan for his presentation to Packs 707 & 708 of Gilroy.
Informational items:
8018
A& C Com.
11-12-02
Letter from Pierre Page, International Institute of Municipal Clerks,
announcing that City Clerk Rhonda Pellin has been accepted into the IIMC Master
Municipal Clerk Academy;
Article in 9-1-1 Magazine, NovemberlDecember 2002, by Geoff Cady entitled
Breaking Down the Walls to Communications; and
Letter from Jeffrey L. Clet recognizing Professor Denise Besson-Silvia for her
outstanding inspirational efforts as an instructor, and specifically to the team
"Operation Fire Prevention" who chose to support the Gilroy Fire Department.
The minutes ofthe Arts and Culture Commission meeting of November 12,
2002 were noted.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of November 12, 2002
11-12-02 were noted.
Library Com.
11-13-02
P&RCom.
11-19-02
Sr. Adv. Bd.
11-18-02
Youth Com.
11-18-02
The minutes of the Library Commission meeting of November 13, 2002 were
noted.
The minutes of the Parks & Recreation Commission meeting of November 19,
2002 were noted.
The minutes of the Gilroy Senior Advisory Board meeting of November 18,
2002 were noted.
The minutes of the Gilroy Youth Commission meeting of November 18, 2002
were noted.
Acting City Administrator Dorn distributed the upcoming City Council retreat
agenda and also distributed the Gavilan College feasibility study on Old City Hall
for next Monday's meeting.
The Mayor noted with the passing of Lael McCormack, that there be a
consensus of the Council to refer to the Arts & Culture Commission a request for
an appropriate recognition to dedicate something in her honor. The
Councilmembers concurred.
The Mayor noted with the passing of Florence Trimble, who was so involved
with the homeless shelter, that he, South County Housing, and the Emergency
Housing Consortium would like to recognize her and her efforts by a dedication at
the Sobrato Transitional Center with a building or complex to be named in her
honor.
The Mayor noted that the retreat dinner, planned for 6:00 p.m. on Friday, is
also the same time that CMAP is having their official open house.
Councilmembers agreed to change the dinner start time from 6:00 p.m. to 7:00
p.m. or 8:00 p.m. depending on the CMAP program.
The Mayor stated that he hoped that the citizens had a great New Years and
thanked them for not drinking and driving on New Years.
Councilman Velasco wished everyone a Happy New Year.
Councilman Gartman also wished everyone a Happy New Year.
Councilman Pinheiro agreed and wished everyone a Happy New Year.
Councilman Arellano noted his condolences to the family of Joe Chase.
Councilman Morales added his condolences to the family of Joe Chase. He
stated that he attended a meeting of the Pajaro River Watershed Flood Prevention
Authority, which is going through consultations to improve watersheds to retain
water and to prevent floods in the area and ag lands. He stated that he also
8019
attended a meeting of the Santa Clara Juvenile Detention Program, noting that
there will be a focus forum on January 23,2003 at the MACSA Center to provide
input as far as the arrest or detention of children of color and the overcrowding of
juvenile facilities.
Councilman Dillon wished everyone a Happy New Year.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
JANUARY 2003
6 Study Session - Update on the Mujeres 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 SCRWAMeeting -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 SCRWA 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 CouncillPlanning Commission Study Session - Review the 2004 CIB-
7:30 p.m., Gilroy City Council Chambers
11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
25 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
MARCH 2003
3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
11 SCR W A Meeting - 7: 3 0 a. m., 1500 Southside Drive, Gilroy
17*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment At 7:59 p.m. the Mayor adjourned the meeting to a closed session pursuant to
Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 1.17 acres of property located at Miller Avenue and Santa Teresa
Boulevard
Agency Negotiator: Michael Dorn
Negotiating Parties: City of Gilroy, Eagle Ridge Development Company, L.L.C.
Under negotiation: Acquisition
At 8: 17 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 8: 18
p.m. in memory of Florence Trimble and Joe Chase.
\ ReS~e~IY SUb~itted, /)
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. j /C,Af'-. \ . ( -f /-( ,"\..
/s/ RHONDA PELLIN, CMC
City Clerk