Minutes 2003/05/05
Invocation
Posting
Agenda
Roll Call
8063
Regular Meeting
May 5, 2003
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor George Yates, First Baptist Church, gave the Invocation.
The City Clerk noted that the agenda had been posted on April 30, 2003
at 2:55 p.m.
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W.
Springer - 7:08 p.m.
The Mayor announced that the Council had adjourned from a Closed Session
regarding Conference with Labor Negotiator, pursuant to Government Code
Section 54957.6 and that no action had been taken. He also noted the Study
Session held just prior to this meeting regarding a review of the Building Process
Performance Audit.
The Mayor noted that under Orders of the Day Consent Calendar Item III.D.
had been pulled. He also noted that Consent Calendar Item III.H. had been
requested to be pulled.
New Employees The following new employees were introduced: Timothy Pettit, Firefighter I,
Fire Department; Kevin Bebee, Firefighter II, Fire Department; and Troy Dooley,
Firefighter II, Fire Department.
Employee
Award
Vol. Award
Chief Clet noted that the squad vehicle for Fire Station #3 is scheduled to be
delivered in July, that the Fire Department has secured a temporary facility to be
placed on the site on a temporary basis to open the facility on July 1, 2003, and
also announced that Fire Station #3 is out to bid.
The Mayor presented the Employee Award for the Month of April, 2003, to
Jeffrey Roccaforte, Police Officer, Police Department.
The Mayor presented the Volunteer of the Month of April, 2003 award to
Erik Blakeway.
Housing Trust The Mayor noted a presentation by Carl Guardino and Roccie Hill regarding
the Housing Trust and the benefits provided to the residents of Gilroy.
Charter Com- The Mayor noted an update by John Adams, Charter Communications, on the
munications status of the rebuild, and introduced Jennifer Cunningham of the Gilroy office.
Consent
Calendar
Minutes
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.
John Baker, on behalf of 5 Day Furniture Warehouse, requested that Item
III.H. be pulled for further discussion and to continue the item to August 4, 2003.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried that the following items under the Consent Calendar be approved,
removing Item III.D. Property Improvement Agreement No. 2003-05, Tract 9483,
Church Street Homes to reagendize in the future and removing Item III.H. for
further discussion, 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 21, 2003 and the Special
Council Meeting of April 28, 2003;
8064
Budget Budget Amendments/Transfers as recommended;
Res.2003-28 Adopted Resolution No. 2003-28 declaring intention to levy Annual
Assessments for Maintenance District No.1, Fiscal Year 2003/2004 and setting a
public hearing thereon.
RESOLUTION NO. 2003-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR
MAINTENANCE DISTRICT NO.1, FISCAL YEAR 2003/2004 AND
SETTING A PUBLIC HEARING THEREON.
PASSED AND ADOPTED this 5th day of May, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2003-29 Adopted Resolution No. 2003-29 releasing a grant award to the County of
Santa Clara as part of a Regional Juvenile Crime Enforcement Coalition (RJCEC).
RESOLUTION NO. 2003-29
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
RELEASING A GRANT AWARD TO THE COUNTY OF SANTA CLARA AS
P ART OF A REGIONAL JUVENILE CRIME ENFORCEMENT COALITION
(RJCEC).
PASSED AND ADOPTED this 5th day of May, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Cancelled Mtg.
Cancelled the City Council meeting for August 18, 2003;
Accept Impr.
Tract 9300
Accepted Improvements, Tract 9300, Gilroy Courtyards Development
Company, LLC, Shapell Industries, Inc., Managing Partner.
5 Day Furniture The Mayor noted a Resolution of the City Council of the City of Gilroy
Warehouse upholding the decision of the City Administrator to modify Business License No.
4294 for 5-Day Furniture Warehouse, and denying the appeal filed by 5-Day
Furniture seeking to overturn that decision.
The Mayor stated that there is a request to continue adoption of the resolution
to August 4,2003.
Motion was made by Councilman Arellano, seconded by Councilman Morales
and carried to continue adoption of the resolution regarding 5 Day Furniture
Warehouse to May 19,2003.
Library Com.
Report
Victor Valdez, Library Commission member, gave an update on the use of the
Gilroy Library. He noted that an application had been filed for round two of the
library grant process. He noted the library has upgraded its computer system. He
thanked various staff members for their assistance.
Bid-Police
Station
The City Administrator presented a recommendation to initiate contract
negotiations with Harris & Associates for Professional Construction Management
Services for the construction of the new Gilroy Police Station (RFP-CDD-305).
Motion was made by Councilman Arellano, seconded by Councilman Dillon
and carried to initiate contract negotiations with Harris & Associates for
Professional Construction Management Services for the construction of the new
Gilroy Police Station (RFP-CDD-305).
8065
Pub. Hearing
CDBG
The Mayor stated it was the time and place scheduled for a Public Hearing on
the Neighborhood Revitalization Strategy Update and the 2003-2004 Program
Year Community Development Block Grant Program Year Funding Allocation
(One-Year Action Plan).
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to approve the Neighborhood Revitalization Strategy Update.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to adopt the PY 2003/2004 CDBG funding allocations (One-Year
Action Plan).
Pub.Hearing
Garbage
Rates
The Mayor stated it was the time and place scheduled for a Public Hearing to
consider revision and adjustments of charges for the collection of garbage, rubbish
and refuse in the City of Gilroy.
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
Res.2003-30 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to adopt Resolution No. 2003-30 setting maximum charges for the
collection of garbage, rubbish, refuse and recyclable materials.
RESOLUTION NO. 2003-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SETTING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE,
RUBBISH, REFUSE AND RECYCLABLE MATERIALS.
PASSED AND ADOPTED this 5th day of May, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Councilman Pinheiro recused himself from discussion and vote on the next
item due to property ownership in area #20, stepped down from the dais, and left
the room.
Ord.2003-05 Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Arellano voting no and Councilman Pinheiro absent) to
adopt Ordinance No. 2003-05 to rezone certain parcels to conform to the City's
new General Plan categories.
ORDINANCE NO. 2003-05
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.
PASSED AND ADOPTED this 5th day of May, 2003, by the following vote;
AYES: COUNCILMEMBERS: DILLON, GARTMAN, MORALES,
VELASCO and SPRINGER
NOES: COUNCILMEMBERS: ARELLANO
ABSENT: COUNCILMEMBERS: PINHEIRO
Councilman Pinheiro returned to his seat at the dais.
8066
Res.2003-31 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilmembers Arellano, Pinheiro, an~ Velasco voting no) to adopt
Resolution No. 2003-31 establishing an all-way stop at the intersection of Bay
Tree Drive and Lions Creek Drive in the City of Gilroy pursuant to Section 15.40
of the City Code.
RESOLUTION NO. 2003-31
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF BAY
TREE DRIVE AND LIONS CREEK DRIVE IN THE CITY OF GILROY
PURSUANT TO SECTION 15.40 OF THE CITY CODE.
PASSED AND ADOPTED this 5th day of May, 2003, by the following vote;
AYES: COUNCILMEMBERS: DILLON, GARTMAN, MORALES,
and SPRINGER
NOES: COUNCILMEMBERS: ARELLANO, PINHEIRO, and VELASCO
ABSENT: COUNCILMEMBERS: NONE
LAFCO Budget Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried requesting a letter be sent to LAFCO encouraging them to reduce their
budget for 2003-2004.
The Mayor noted Item IXB.2.b. and congratulated Patty Harrell for receiving
the Northern California Association of Public Safety Communications Officials
(NAPCO) "Line Supervisor's" award for extraordinary performance and
leadership skill.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #14-2003 dated April 11, 2003; and
League of California Cities Priority Focus #15-2003 dated April 18, 2003.
Customer Service:
Memorandum of thanks from Chief Giusiana to Sgt. Crumrine, Sgt. Castaneda,
Corporal Georges, Officers Sullivan, Devlin and Somavia, MSO Dutton, and CSO
Gutierrez for their participation in the Tip A Cop event on April It, 2003;
Email of congratulations from Kim Jenkins to Patty Harrell for receiving the
Northern California Association of Public Safety Communications Officials
(NAPCO) "Line Supervisor's" award for extraordinary performance and
leadership skill; and
Letter of thanks from ChiefClet to Joe Kline for his dedication and willingness
to go that extra mile for his department.
A& C Com.
3-11-02
The minutes of the Arts and Culture Commission meeting of March 11, 2003
were noted.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of March 4,2003 were
3-4-03 noted.
Library Com.
3-12-03
The minutes of the Library Commission meeting of March 12,2003 were
noted.
P &RCom.
3-18-03
The minutes of the Parks & Recreation Commission meeting of March 18,
2003 were noted.
8067
P & R Com.
4-15-03
The report of the Parks & Recreation Commission meeting of April 15, 2003
was noted.
Sr.Adv.Board The minutes of the Gilroy Senior Advisory Board meeting of March 17, 2003
3-17-03 were noted.
Youth Com.
3-10-03
The minutes of the Gilroy Youth Commission meeting of March 10, 2003 were
noted.
City Flag Design The Mayor noted a request to extend the deadline for the City flag design
contest, opening up the contest to non-city residents, and offering a clinic on flag
design/concepts.
Motion was made by Councilman Arellano, seconded by Councilman Velasco
and carried to refer the City flag design contest back to the Youth Commission to
see what they would like to do, with a recommendation that the flag design be the
City Seal on whatever color they decide.
The City Administrator noted the Financial Plan that was distributed to each of
the Councilmembers.
The Mayor noted the successful Cinco de Mayo celebration held downtown
this weekend.
Councilman Arellano noted SCVWD grant funds through the Trails, Parks &
Open Space Grant Program, and was told that staffhad been made aware of the
grant funds. He also noted a special presentation of the Traffic Safe Communities
Network regarding Safer Walking Environments & Improved Public
Transportation to be held on May 14,2003 from 1:30 p.m. to 3:30 p.m. in San
Jose. He stated that there is a lot going on downtown right now as far as
entertainment.
Councilman Gartman noted applications need to be in for the Memorial Day
celebration.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
MAY 2003
5 Closed Session - Conference with Labor Negotiator (IAFF. Local 2805 Fire
Employees) - 5:30 p.m., Gilroy City Council Chambers
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 SCRWA 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
20 Neighborhood District Task Force - 7:00 p.m., Gilroy City Council Chambers
27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
27*Workshop Regarding Charter Communications - 6:00 p.m., City Council
Chambers
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
8068
Adjournment
~"~ ,~'," ;: __"-;''S'_ ~;t:
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
17 Neighborhood District Task Force - 7:00 p.m., Gilroy City Council Chambers
23 Ouarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., Gilroy
Unified School District Administration Office Board Room, 7810 Arroyo
Circle, Gilroy
24 SCRWA Meeting - 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
JULY 2003
7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
8 Downtown Specific Plan Task Force Meeting - 6:00 p.m., City Council
Chambers
9 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
15 Neighborhood District Task Force - 7:00 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
23 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
At 8:38 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
)-
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/s/ \ RHONDA PELLIN, CMC
City Clerk