Minutes 2003/02/18
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Invocation
Posting
Agenda
Roll Call
Regular Meeting
February 18,2003
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Mike Zukowski, South Valley Community Church, gave the Invocation.
The City Clerk noted that the agenda had been posted on February 12,2003
at 2:00 p.m.
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W.
Springer - 7:06 p.m.
New Employee New employee Pedro Espinoza, Police Officer, Police Department was
introduced.
Proc.-Jodi
Heinzen
The Mayor noted a proclamation for Jodi Heinzen, 2002 Woman of the Year,
which was presented to the recipient on February 7,2003.
Proc.-Jay Baksa The Mayor noted a proclamation for Jay Baksa, 2002 Man of the Year, which
was presented to the recipient on February 7, 2003.
Proc.-Greg
Edgar
Proc.-Ron
Ayala
Proc.-Ron
Kinoshita
The Mayor noted a proclamation for Greg Edgar, 2002 Firman B. Voorhies
Volunteer ofthe Year, which was presented to the recipient on February 7,2003.
The Mayor noted a proclamation for Ron Ayala, 2002 EDC Educator of the
Year, which was presented to the recipient on February 7,2003.
The Mayor noted a proclamation for Ron Kinoshita, 2002 EDC Educator of
the Year, which was presented to the recipient on February 7,2003.
Proc.-Baskets The Mayor noted a proclamation for Baskets by Design, 2002 Small Business
by Design of the Year, which was presented to the recipient on February 7,2003.
Proc. -Calpine
Corp.
Employee
Award
Team/Group
Award
The Mayor noted a proclamation for Calpine Corporation Gilroy Energy
Center, 2002 Large Business of the Year, which was presented to the recipient on
February 7, 2003.
The Mayor presented the Employee Award for the Month of February, 2003 to
Roy Shackel, Fire Engineer, Fire Department.
The Mayor presented the Team/Group Award for the Month of February,
2003 to the Operation Services Crew.
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Californians for The Mayor noted a presentation by Jennifer Jaroski regarding Californians for
Safe Hwys. Safe Highways.
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 the audience.
Consent
Calendar
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:
Minutes
Minutes of the Regular Council Meeting of February 3,2003;
Claim
Denied claim of David Mardesich;
Accept.Impr. Accepted Improvements, 760 Mesa Road, Overseer, LLC;
760 Mesa Road
Gavilan Sports Renewed agreement for Gavilan Sports Park for Construction, Use, and
Park Maintenance;
Budget Budget Amendments/Transfers as recommended;
Res.2003-08 Adopted Resolution No. 2003-08 to install temporary all-way stop control at
the intersection of Camino Arroyo and Renz Lane in the City of Gilroy pursuant to
Section 15.40 of the City Code.
RESOLUTION NO. 2003-08
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY TO INSTALL
TEMPORARY ALL-WAY STOP CONTROL AT THE INTERSECTION OF
CAMINO ARROYO AND RENZ LANE IN THE CITY OF GILROY
PURSUANT TO SECTION 15.40 OF THE CITY CODE.
PASSED AND ADOPTED this 18th day of February, 2003, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Personnel Com. Toni Feirrera, Vice-Chairperson of the Personnel Commission, reviewed the
activities of the Personnel Commission over the past year. She noted that they
have reviewed job descriptions and salary ranges for several job positions. She
explained that the Commission reviews the recruitment activities of the City. She
noted a new City Employee handbook that has been distributed to the City
employees. She stated that there is a new orientation process for new employees.
She commented that a new project for the Commission is to review the part-time
recreation job descriptions and the Maintenance job descriptions.
Bid-Firefighter The City Administrator presented a recommendation to award the bid to L.N.
Curtis & Sons for Firefighter Protective Safety Clothing in the amount of
$1,317.00 for each set (approximately 50 sets at $66,000).
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to award the bid to L.N. Curtis & Sons for Firefighter Protective
Safety Clothing in the amount of$I,317.00 for each set (approximately 50 sets at
$66,000).
Pub.Hearing
TM 02-07
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request for a 29 lot residential PUD subdivision, on property
zoned RI-PUD (Single Family Residential-Planned Unit Development), located at
8496 and 8530 Kern Avenue. Mission Valley Properties, applicant, TM 02-07.
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Pub.Hearing
TM 02-08
A/S 02-26
CUP 02-10
The Car
Store
Res.2003-09
CUP 02-10
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to continue the request to March 17, 2003 due to continuance by the
Planning Commission.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to subdivide 2.1i: acres into a 10 lot residential
subdivision, on property zoned Rl (Single Family Residential), located on the
south side of Sunrise Drive, north of Saddler Way. Bay Colony Investors/Pinn
Bros., applicant, TM 02-08.
The staff report was noted and further explained by Planner II Durkin.
The Mayor opened the Public Hearing. There being no comment from the
audience, the Mayor closed the Public Hearing.
Motion was made by Councilman Pinheiro, seconded by Councilman Gartman
and carried to direct staff to prepare a resolution approving TM 02-08, with
modifications to three conditions.
The Mayor noted an Architectural & Site Review Planned Unit Development
request of an Alzheimer's/ assisted living facility, located at the southwest corner
of Santa Teresa Boulevard and Hecker Pass Highway, on property zoned R3/PUD
(Medium Density Residential! Planned Unit Development). Coastal Rim
Properties, applicant, A/S 02-26.
Councilman Velasco recused himself from discussion and vote on this request
because of a conflict of interest due to the proximity of his residence to this
project, stepped down from the dais, and left the room.
The City Administrator, at the request of the City Attorney, recommended a
continuance for up to 90 days, which would be May 17,2003.
Motion was made by Councilman Pinheiro, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to continue this request to April 7, 2003
and direct staff to research what options are available to the Council relating to
this facility and what part this facility played in the granting ofRDO units.
Councilman Velasco returned to his seat at the dais.
Adam Sanchez noted he was confused and upset. He noted that the Council
had approved specific dates for the car sale events and The Car Store has already
changed the dates and times. He stated that they are already not in conformance
and the first sale has not yet taken place. He noted the impact that these events
will have on the revenues of the Gilroy car dealerships.
Tim Moran stated that they would be done selling at 9:00 p.m. He stated that
he met with the neighbors today to make sure that there are no problems or
complaints. He explained the issue with the sale date being changed, that he did
not have enough time to receive the sale permit and that he thought this new date
would be more amenable to the car dealers. He noted that he asked Councilman
Morales ifhe thought that th~fe was a problem changing the date, and was told
that he did not think there was a problem and referred him to staff
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to adopt Resolution No. 2003-09 upholding an appeal and granting a
Conditional Use Permit to allow the temporary sale of used automobiles at 6920
Chestnut Street, APN 841-66-017, Rick W alkewicz- The Car Store, applicant,
CUP 02-10, with modified sales dates.
RESOLUTION NO. 2003-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
UPHOLDING AN APPEAL AND GRANTING A CONDITIONAL USE
PERMIT TO ALLOW THE TEMPORARY SALE OF USED AUTOMOBILES
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AT 6920 CHESTNUT STREET, APN 841-66-017, RICK WALKEWICZ-THE
CAR STORE, APPLICANT, CUP 02-10.
PASSED AND ADOPTED this 18th day of February, 2003, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, GARTMAN, MORALES
and PINHEIRO
NOES: COUNCILMEMBERS: DILLON, VELASCO and SPRINGER
ABSENT: COUNCILMEMBERS: NONE
Neighborhood The Mayor noted appointment of members to the Neighborhood District Task
District Task Force.
Force
Motion was made by Councilman Velasco, seconded by Councilman Gartman
and carried to appoint Tim Filice, Bonnie Green, Roberta H. Hughan, Jeff Martin,
Bill Reimal, Skip Spiering, Dennis Lalor, Craig Gartman, Tom Springer, Bob
Dillon (Alternate), Tom Boe, and Russ Valiquette to the Neighborhood District
Task Force.
City Flag
The Mayor noted a discussion of the City Flag contest concept and rules.
Lauren Bevilaqua reviewed the project and the timeline.
Motion was made by Councilman Gartman, seconded by Councilman Morales
and carried to approve the City Flag contest concept and rules.
Youth Com. The Mayor noted appointment of Youth Commission members for Unexpired
Appointment Vacancies.
Motion was made by Councilman Pinheiro, seconded by Councilman Arellano
and carried to appoint Alexis Dalke and Kristina DeMarco to the Youth
Commission.
SPE 02-05
The Mayor noted a Small Project Exemption request for an 11 lot residential
PUD subdivision (10 residential lots plus one existing lot) on property zoned R 1-
PUD (Single Family Residential-Planned Unit Development), located at 8860 Kern
Avenue. The James Group, applicant, SPE 02-05.
The staff report was noted and further explained by Planner I Polubinsky.
Motion was made by Councilman Morales, seconded by Councilman Arellano
and carried to direct staff to prepare a resolution approving SPE 02-05.
Historical
Markers
The Mayor noted a request by Michele K. Hults, California State Society
Daughters of the American Colonists, to place two historical markers in Gilroy.
Motion was made by Councilman Pinheiro, seconded by Councilman Gartman
and carried to refer to the Parks and Recreation Commission this request regarding
placing two historical markers in Gilroy.
Councilman Pinheiro noted a letter from Lisa Jensema regarding recycling and
asked for a review of AB 939.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #4-2003 dated January 31,2003;
and
League of California Cities Priority Focus #5-2003 dated February 7,2003.
Customer Service:
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SCRWA
1-14-03
Letter of thanks from Police Chief Galvin, City of Morgan Hill, to Corporal
Kim Merrill for assistance during a death notification;
Email of thanks from Steve Beams to Joe Kline for the expert filming of a
project he was working on;
Note of thanks from City of Morgan Hill HR Staff to Rhonda Pellin for
assistance on an oral board;
Letter of thanks from Alli Bishop, City of Santa Clara, to Gayle Glines for her
assistance on an oral board;
Memorandum regarding a telephone call of thanks from Debbie Ruiz,
Community Solutions, to Sgt. Robinson and CSO Cabatingan for assistance during
the investigation of a sexual assault; and
Letter of thanks from David R. Payne, Extreme Learning Center, to Lanny
Brown and the Police Department staff for the field trip/tour of the Police
Department.
Informational items:
Recycling highlights from the 2002 Garlic Festival;
Community Development Department - Planning Division monthly report of
long-range applications and status ofRDO allocation & activity dated January 31,
2003;
Information on yields for three types of bonds;
Gilroy Economic Development Corporation minutes of January 17, 2003; and
Hecker Pass Specific Plan EIR Cost summary.
The minutes of the South County Regional Wastewater Authority meeting of
January 14,2003 were noted.
The City Administrator requested the Councilmembers get to him their budget
prioritizations by this Friday.
Councilman Arellano requested the City send someone to a defibrillation class,
and was told that this program has already been started.
Councilman Dillon thanked the POA for the letter regarding Justin Matsuhara.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
FEBRUARY 2003
18 Study Session-Final Design of the Police Department Facility - 6:00 p.m.,
Gilroy City Council Chambers
18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
24 Study Session-Review of Old City Hall- 6:00 p.m., Gilroy City Council
Chambers
24 Workshop for CouncilmemberslBoardmembers/Commission Members/Task
Force Members on the Brown Act. Conflict of Interest. and Meeting
Procedure -7:15 p.m., Gilroy City Council Chambers
25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
Adjournment
8.035
MARCH 2003
3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 Ouarterly Workshop with the Gilroy Unified School Board - 6:30 p.m., Gilroy
City Council Chambers
11 SCRW A Meeting - 7:30 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
APRIL 2003
7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
21 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 9:04 p.m. the Mayor adjourned the meeting to a closed session.
Pursuant to Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs 808-21-016, 808-21-018, 808-21-029 (portion), near the
southwest corner of West Luchessa Avenue and Monterey Road
Agency Negotiator: Jay Baksa
Negotiating Parties: City of Gilroy, Marcia Giachetti, et al, Phyllis Gormly, et ai,
and Barbara S. Blocher, et al
Under negotiation: Price of Acquisition
At 9: 13 p.m. the Mayor reconvened the meeting and announced that no action
had been taken in the Closed Session.
Respectfully submitted,
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/s/RHONDA PELLIN, CMC
City Clerk