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Minutes 2003/04/21 8056 Invocation Posting Agenda Roll Call Regular Meeting April 21, 2003 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Gerald Harris, Bethany Church of God, gave the Invocation. The City Clerk noted that the agenda had been posted on April 16, 2003 at 3 :00 p.m. Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer -7:10 p.m. Proc. - Volunteer The Mayor presented a proclamation for Volunteer Month - April, 2003 to Month Sandra Sammut. Vol. Award The Mayor presented the Volunteer of the Month of March, 2003 award to Pat Moore. Recycler of the The Mayor noted a presentation by South Valley Disposal & Recycling, Inc. of Year the 2002 Business Recycler of the Year to Rebekah Children's Services and of the 2002 Residential Recycler ofthe Year to the Pena-Gonzalez Family (not present). Gilroy Visitors The Mayor noted an update by Kirsten Carr regarding the Gilroy Visitors Bureau Bureau. Consent Calendar Minutes Ord.2003-03 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 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 of the Regular Council Meeting of April 7, 2003; Adopted Ordinance No. 2003-03 approving an application for a change in zoning designation from Rl (Single Family Residential) to RI-PUD (Single Family Residential-Planned Unit Development) on approximately 6 acres, APNs 790-20- 065, 067, and 078, Steve Riter, Mission Valley Properties, applicant, Z 03-01. ORDINANCE NO. 2003-03 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 RI-PUD (SINGLE FAMILY RESIDENTIAL-PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 6 ACRES, APNS 790-20-065, 067, AND 078, STEVE RITER, MISSION VALLEY PROPERTIES, APPLICANT, Z 03-01. PASSED AND ADOPTED this 21st day of April, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE / " Res. 2003-25 Adopted Resolution No. 2003-25 approving TM 02-07, a Tentative Map to subdivide an approximately 6 acre site into 31 residential lots located at 8496 and 8530 Kern Avenue, APNs 790-20-065, 067, 078. Mission Valley Properties, applicant. 8057 RESOLUTION NO. 2003-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 02-07, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 6 ACRE SITE INTO 31 RESIDENTIAL LOTS LOCATED AT 8496 AND 8530 KERN AVENUE, APNS 790-20-065, 067, 078. MISSION VALLEY PROPERTIES, APPLICANT. PASSED AND ADOPTED this 21st day of April, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res. 2003-26 Adopted Resolution No. 2003-26 approving A/S 02-27, an application for Architectural and Site approval of a Planned Unit Development (PUD) on approximately 6 acres, APNs 790-20-065,067,078. Mission Valley Properties, applicant. RESOLUTION NO. 2003-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 02-27, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 6 ACRES, APNS 790-20-065, 067, 078. MISSION VALLEY PROPERTIES, APPLICANT. PASSED AND ADOPTED this 21st day of April, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res. 2003-27 Adopted Resolution No. 2003-27 appointing Michael K. Cooper, a professional engineer, as acting City Land Surveyor pursuant to Govt. Code Section 66416.5. RESOLUTION NO. 2003-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPOINTING MICHAEL K. COOPER, A PROFESSIONAL ENGINEER, AS ACTING CITY LAND SURVEYOR PURSUANT TO GOVT. CODE SECTION 66416.5. PASSED AND ADOPTED this 21st day of April, 2003, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Bid-Corp.Yard The City Administrator presented a recommendation to reject all bids and Improve- re-bid the Corporation Yard Improvements, Project No. 03-CDD-I02. ments Motion was made by Councilman Velasco, seconded by Councilman Dillon and carried to reject all bids and re-bid the Corporation Yard Improvements, Project No. 03-CDD-I02. Bid-Santa The City Administrator presented a recommendation to award the bid to Teresa/Fifth Giacalone Electric in the amount of$823,277.00 for the Santa Teresa/Fifth Street Street Under- Undergrounding Project, Project No. 03-CDD-l16. grounding Project Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to award the bid to Giacalone Electric in the amount of $823,277.00 for the Santa Teresa/Fifth Street Undergrounding Project, Project No. 03-CDD- 116. 8058 Pub.Hearing Z 00-08 Pub. Hearing A 00-01 AlS 02-26 M 02-15 Ord. 2003-04 M 02-15 The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Pre-zone request to RI-PUD and PF (Single Family Residential- Planned Unit Development and Park-Public Facility), on property located at 850 Day road. Glen Lorna Group, applicant, Z 00-08. The staff report was noted and further explained by Planner II Durkin. Motion was made by Councilman Morales, seconded by Councilman Arellano and carried to continue this application to June 2, 2003 at the request of the applicant. The Mayor stated it was the time and place scheduled for a continued Public Hearing on an annexation request for 66.4 acres, located at 850 Day Road. Glen Lorna Group, applicant, A 00-01. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to continue this application to June 2, 2003 at the request of the applicant. 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 ResidentiaV Planned Unit Development). Coastal Rim Properties, applicant, A/S 02-26. Councilman Velasco recused himself from discussion and vote on this issue because of a conflict of interest due to the proximity of his primary residence to this development, stepped down from the dais, and left the room. The staff report was noted and further eXplained by Planner II Durkin. Motion was made by Councilman Arellano, seconded by Councilman Morales and carried (Councilman Velasco absent) to direct staff to prepare a performance agreement with the applicant. Councilman Velasco returned to his seat at the dais. The Mayor noted an Ordinance approving a Development Agreement between the City of Gilroy and Newman Development Group of Gilroy, LLC, for a regional shopping center project, M 02-15. The following citizens spoke in opposition to this request: Connie Rogers, Dave Matt, Steve Jones, Rose Barry, Ellyn Atkins, Carmen Soto, Mike Correa, Bruce Morasca, Carol Criss, Dave Harlan, Felicia Rosas, and George Rosas. George Akel stated that he hoped that the development agreement will be approved tonight. Bill Lindsteadt stated that his job is to promote and facilitate new business development in Gilroy. He explained that no cash or check is being given to Newman, but rather credit is given for public infrastructure costs, calculated against new business leases. He stated that the development impact fees are very high in Gilroy. He noted that other cities put in the infrastructure and then invite development to come in. He stated that Newman is doing the infrastructure and this is why they are requesting the development agreement. He noted the positives that WalMart will provide to this community if it is allowed to expand. Motion was made by Councilman Dillon, seconded by Councilman Gartman and carried (Councilmembers Arellano and Morales voting no) to adopt Ordinance No. 2003-04 approving a Development Agreement between the City of Gilroy and Newman Development Group of Gilroy, LLC, for a regional shopping center project, M 02-15. Z 02-03 8059 ORDINANCE NO. 2003-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF GILROY AND NEWMAN DEVELOPMENT GROUP OF GILROY, LLC, FOR A REGIONAL SHOPPING CENTER PROJECT, M 02-15. PASSED AND ADOPTED this 21st day of April, 2003, by the following vote; AYES: COUNCILMEMBERS: DILLON, GARTMAN, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: ARELLANO and MORALES ABSENT: COUNCILMEMBERS: NONE At 8:55 p.m. the Mayor called for a recess after which he recalled the meeting to order. The Mayor noted an Ordinance of the City Council of the City of Gilroy to rezone certain parcels to conform to the City's new General Plan categories. Councilman Pinheiro recused himself from discussion and vote on this issue due to property ownership in area #20, stepped down from the dais, and left the room. Motion was made by Councilman Gartman, seconded by Councilman Dillon 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 Arellano voting no and Councilman Pinheiro absent) to introduce an Ordinance of the City Council of the City of Gilroy approving Z 02- 03 to change the Zoning designation of certain parcels within the City to General Plan designation. Councilman Pinheiro returned to his seat at the dais. League of Calif The Mayor noted a request for designation of a voting delegate for a special Cities Voting meeting (May 15, 2003) ofthe League of California Cities General Assembly. Delegate Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to designate Mayor Springer as the voting delegate and Councilman Morales as the alternate voting delegate for a special meeting (May 15,2003) of the League of California Cities General Assembly. Councilman Dillon noted Item IX.B.2.c., that he had attended the presentation by Ed Bozzo, and that the City should be very proud of him for his accomplishments. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Priority Focus #13-2003 dated April 4, 2003. Customer Service: Letter of congratulations on a job well done from William Lansdowne, Chief of Police, City of San Jose, to Officers John Mama and Wes Stanford on their excellent police work; Letter of thanks from Cathy Mirelez to Trudie Conrotto, Kermit DeLaurant, Jeanne Gage, Andrea Habing, Dia Hoshida, Karen LaCorte, Al Navaroli, Carol Peters, Arline Silva, Caryn Smith, Shawn Weymouth and Richard Young for their assistance during the annual "Young Artists Show"; 8060 SCRWA 3-11-03 All-Way Stop Control Council Appts. Letter of thanks from Phyllis Armenta to Fire Captain Ed Bozzo for the presentation on arson investigation at the San Jose District of the California Association of Licensed Investigators dinner meeting; Letter of appreciation from Kai S. Lai and the members of the GATE Academy Science Class to Paul Roy, James Gasser, and staff for the tour of the wastewater treatment facility; Letter ofthanks from Jeffrey L. Clet, Gilroy Fire Chief, to Joe Kline for the time spent taking pictures and videotaping events; Email of thanks from Bill Headley to Gerry Dutra for the extra effort and willingness to stop at a San Jose PG&E office on the way into work and pick up needed electrical plans; Note ofthanks from Phil Buchanan to Jay Baksa for all the City support in honoring Dennis DeBell, specifically Bob Connelly and his staff, noting that Chris Orr went the "extra mile" making the signs and monument happen; Letter of thanks from Larry Wolfe, City of Santa Clara, to John Garcia for volunteering at the 2003 c.P.R.S. conference; Email of thanks from Kathy McHenry to Lisa Jensema for her hard work on the Earth Day festivities; Email ofthanks from Sara Laufer to Officer Doug Remmick and Officer Brian Dutton for their help and compassion; and Email of thanks from Lisa Jensema to Judy Mireles-Janisch for her help with at the Earth Day event. Informational items: Information from the Advisory Council of the Council on Aging; Information from the Commission on Peace Officer Standards and Training regarding cancellation of POST training contracts; and City of Gilroy Investment Report dated March, 2003. The minutes of the South County Regional Wastewater Authority meeting of March 11, 2003 were noted. The City Administrator distributed information for the special meeting for next Monday, April 28, 2003, regarding 5 Day Furniture Warehouse. The Mayor noted a request for an all-way stop control at Bay Tree Drive and Lions Creek Drive. Motion was made by Mayor Springer, seconded by Councilman Morales and carried (Councilmembers Arellano, Pinheiro and Velasco voting no) to approve an all-way stop control at Bay Tree Drive and Lions Creek Drive. The Mayor noted Council appointments needed for the VT A Policy Advisory Committee and the Santa Clara County Cities Association Legislative Action Committee. No Councilmember volunteered to represent the Council on these committees. Councilman Dillon noted that the Memorial Day Parade is coming up on May 26, and that Jack Sturla is the Grand Marshal. Councilman Pinheiro commented that Bonfante Gardens opened this weekend. Adjournment 8061 The Mayor noted the following meetings/events: *Meeting will be televised on Channel 1 7 APRIL 2003 21 *Budget Workshop - 6:00 p.m., Gilroy City Council Chambers 21 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 22 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED) 22 Joint Workshop - SCRW A and SCVWD - 9:30 a.m., 5750 Almaden Expressway, San Jose 23 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 28*Special City Council Meeting - 6:00 p.m., Gilroy City Council Chambers 28 Council Mini-Retreat - 7:00 p.m. (to follow the Special Meeting), Senior Center Meeting Room MAY 2003 5 Study Session - Building Process Performance Audit - 6:00 p.m., Gilroy City Council Chambers 5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 12 Budget Workshop - 6:00 p.m., Senior Center Meeting Room 13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 13 Downtown Specific Plan Task Force Meeting - 6:00 p.m., City Council Chambers 14 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 19 Study Session - Building Process Performance Audit - 6:00 p.m., Gilroy City Council Chambers 19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 27*Workshop Regarding Charter Communications - 6:00 p.m., City Council Chambers 27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 28 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers JUNE 2003 2*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 9 Wireless Communication Ordinance Workshop - 6:30 p.m., City Council Chambers 10 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 10 Downtown Specific Plan Task Force Meeting - 6:00 p.m., City Council Chambers 11 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers 16 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers 16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 23 Quarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., Gilroy Unified School District Administration Office Board Room, 7810 Arroyo Circle, Gilroy 24 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy 25 Ag Mitigation Task Force -7:00 p.m., Gilroy City Council Chambers 30 City CouncillPlanning Commission Mini-Retreat - 6:00 p.m., City Council Chambers At 9:26 p.m. the Mayor adjourned the meeting to a closed session. Pursuant to Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Name of Case: Avila vs. Gilroyet al; CV 0200755 At 9:30 p.m. the Mayor reconvened the meeting and announced that no action had been taken in the Closed Session. R es.p. e.c. tfu...llY SUbm.i.tte.~. . t- , ! ./ \~=:A- " ,;utc+ ... ~l~+- I /si \RHONDA PELLIN, CMC City Clerk