Minutes 2003/05/19
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Invocation
Posting
Agenda
Roll Call
Regular Meeting
May 19,2003
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Father Dan Derry, St. Mary's Catholic Church, gave the Invocation.
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 City Clerk noted that the agenda had been posted on May 14, 2003
at 11 :36 a.m.
Present: Councilmembers: Peter D. Arellano (arrived at 7:33 p.m.), Robert T.
Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and
Thomas W. Springer - 7:04 p.m.
The Mayor noted that under Orders of the Day that Item III.D. had been pulled
from the Consent Calendar and Item XIV.A. would be moved forward on the
agenda.
New Employee New employee Jennifer Silveira, Office Assistant I, Police Department was
introduced.
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Employee
Award
The Mayor presented the Employee Award for the Month of May, 2003, to
Arlene Jeske, Accounting Assistant II, Administrative Services Department.
Team Award
The Mayor presented the Team Award for the Month of May, 2003, to the
Costco Development Team - Kristi Abrams, Melissa Durkin, and Jackie
Bretschneider.
GHS Free Press The Mayor presented a Certificate of Recognition for Gilroy High School Free
Press to Megan Stevens.
CALED EDC The Mayor noted a presentation by Bill Lindsteadt, Gilroy Economic
Award Development Corporation Executive Director, of the CALED EDC Award.
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.
Consent
Calendar
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried that the following items under the Consent Calendar be approved,
removing Item III.D. Property Improvement Agreement No. 2003-05, Tract No.
9483, Church Street Homes and pulling Item III.C. Single Tenant Lease for Old
City Hall for a separate vote, 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:
I
Minutes
Minutes of the Regular Council Meeting of May 5, 2003;
Claims
Denied claims of Lucio Alvarez and Irene Suarez;
Accept Impr. Accepted the Construction of Santa Teresa and Miller Water Tanks, Project
Water Tanks 00-CDD-530, Pacific Mechanical Corporation;
Surplus Equip. Declared equipment as surplus; and
Res.2003-32 Adopted Resolution No. 2003-32 urging institution of passenger rail
components.
RESOLUTION NO. 2003-32
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY URGING
INSTITUTION OF PASSENGER RAIL COMPONENTS.
PASSED AND ADOPTED this 19th day of May, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Old City Hall
Lease
The Mayor noted a Single Tenant Lease for Old City Hall with Old City Hall,
LLC, a California Limited Liability Company (Glen Gurries and Daniel Barduzzi).
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to approve a Single Tenant Lease for Old City Hall with Old City Hall,
LLC, a California Limited Liability Company (Glen Gurries and Daniel Barduzzi),
with the condition that the Risk Manager review the amount for fire damage
liability.
The Mayor deviated from the regular order of the agenda to accommodate
interested persons in the audience.
Downtown Task The Mayor noted a recommendation from the Downtown Specific Plan Task
Force Force. I
Motion was made by Councilman Arellano, seconded by Councilman Velasco
and carried to direct the City Attorney to research the appropriate legal aspects of
temporarily limiting used auto sales, tattoo parlors, "head" shops, and bar & dance
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halls without food sales in the downtown or require a special permit, and also to
direct staff to review/research the following for recommendations: a. Purchase
the empty lot located between 5th and 6th Streets for development of a "pocket
park", b. Increase downtown lighting and save old "cobra" light fixtures, c.
Initiate a City sidewalk power wash program in the downtown, d. Temporarily
remove parking requirements in the downtown C2 district, e. Temporarily waive
building permit fees in the downtown C2 district, f Temporarily waive required
Historic Heritage Committee review, and g. Create a curb & sidewalk repair
program, with 50/50 matching city funds.
The Mayor returned to the regular order of the agenda.
Bid-Custodial
Services
The City Administrator presented a recommendation to award the bid to
Central Maintenance Co. for Custodial Services Contract in the amount of
$222,570.00 for three years (03-ASD-123).
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to award the bid to Central Maintenance Co. for Custodial Services
Contract in the amount of $222,570.00 for three years (03-ASD-123).
Pub. Hearing
TM 02-10
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to subdivide 1,321 acres into 101 single family Hillside
Residential lots, on property zoned R 1- PUD ( Single Family Residential-Planned
Unit Development) and RH (Residential Hillside). The property is located west of
Santa Teresa Boulevard and southwest of Miller Avenue. Shapell Industries of
Northern California, applicant (c/o Denis Bethke), TM 02-10.
The staff report was noted and further eXplained by Planning Division Manager
Faus.
The Mayor opened the Public Hearing.
Susan Mineta noted that they have reviewed the staff report and agree with the
report and recommend approval.
The Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Velasco
and carried to direct staff to prepare a resolution approving TM 02-10.
Res.2003-33 The Mayor noted a Resolution ofthe City Council of the City of Gilroy
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.
Thomas Griffin noted his request to continue action on this item until August
or October, 2003 to allow 5 Day Furniture time to review options available to
them. He noted a lease has been signed at 6980 Monterey Street to be used as a
gallery furniture store retail use.
Motion was made by Councilman Arellano, seconded by Councilman Morales
and the motion did not carry (Councilmembers Dillon, Gartman, Pinheiro, Velasco,
and Springer voting no) to make the effective date October, 2003.
Motion was made by Councilman Dillon, seconded by Councilman Velasco
and carried (Councilmembers Arellano and Morales voting no) to adopt
Resolution No. 2003-33 upholding the decision ofthe 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.
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RESOLUTION NO. 2003-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
UPHOLDING THE DECISION OF THE CITY ADMINISTRATOR TO
MODIFY BUSINESS LICENSE NO. 4294 FOR 5-DA Y FURNITURE
WAREHOUSE, AND DENYING THE APPEAL FILED BY 5-DA Y
FURNITURE SEEKING TO OVERTURN THAT DECISION.
PASSED AND ADOPTED this 19th day of May, 2003, by the following vote;
AYES: COUNCILMEMBERS: DILLON, GARTMAN, PINHEIRO,
VELASCO and SPRINGER
NOES: COUNCILMEMBERS: ARELLANO and MORALES
ABSENT: COUNCILMEMBERS: NONE
A/S 02-26
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 item due
to the proximity of his residence to this request, 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 Dillon, seconded by Councilman Gartman
and carried (Councilman Velasco absent) to direct staff to prepare a resolution
approving A/S 02-26.
Councilman Velasco returned to his seat at the dais.
At 8:57 p.m. the Mayor called for a recess, after which he recalled the meeting
to order.
A/S 03-16
The Mayor noted an Architectural and Site Planned Unit Development request
to construct 90 single-family homes in the Rancho HillsIDeer Park subdivision
north and south of Sunrise Drive. Western Pacific Housing, applicant (c/o
Nicholas Vaughn), A/S 03-16.
The staff report was noted and further explained by Planner II Durkin.
Nick Vaughn, Project Manager for Western Pacific Housing, noted that he was
available to answer any questions. He agreed to provide colored, stamped
concrete driveways for all the lots.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to direct staff to prepare a resolution approving A/S 03-16, with the
added condition that colored, stamped concrete driveways be provided for all lots.
Tony Fuentes The Mayor noted an Email of resignation from Tony Fuentes, Library
Commission member.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to accept the resignation with regrets.
Motion was made by Councilman Pinheiro, seconded by Councilman Gartman
and carried to include the recruitment in the 2003 recruitment/application period.
Housing Trust The Mayor noted a request for funding from the Housing Trust of Santa Clara
County.
Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried to approve a $15,000 contribution to the Housing Trust of Santa Clara
County.
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SCRWA
4-8-03
Youth Com.
5-12-03
Councilman Velasco questioned Item IXB.3 regarding the population figures
in relation to the housing element and the impact with AB 1221.
The following informational items were noted with no separate discussion on
same:
Legislation:
Letters to Senator Bruce McPherson, Assemblymember Simon Salinas,
Assemblymember Manny Diaz, Assemblymember Darrell Steinberg, and
Assemblymember John Campbell regarding opposition to AB 1221;
League of California Cities Priority Focus #16-2003 dated April 25, 2003;
League of California Cities Priority Focus #17-2003 dated May 2,2003; and
Letter from Senator Barbara Boxer regarding funding for our first responders.
Customer Service:
Letter of thanks from Karen Rixman to Jay Baksa for participating as an oral
board interviewer in the selection process for the Deputy County Librarian
position;
Email of appreciation from Isaac Liu to Gregg Polubinski for his assistance
during an application process;
Letter of thanks from Bruce C. Tupper, Tax Aide Counselor, to Sylvia Bell for
her support for AARP's TCE Program;
Email of thanks from Bob & Joanne Kraemer to Bill Faus noting that he was a
big help in their phone meeting with LAFCO;
Letter of thanks from Ron Hannon, Gavilan College, to Officer Nestor
Quinones and Kimbo for their hospitality during a ride along; and
Supervisory Recognition to Sgt. John Sheedy, Officer Stan Devlin, Officer
John Marfia, Officer Hank Snow, Officer Dan Zen, DDA Frank Carrubba, and
CSO Maribel Gutierrez for assistance in solving a homicide case.
Informational items:
State of California Department of Finance Official State Population Estimates
as of January 1, 2003;
Letter of appreciation from Sylvia Bell to Adept Med International for their
$1,000,00 donation in memory of Sophie Mary Chase and to the South Valley
Corvette Club for their $50.00 donation both to benefit the Gilroy Senior Center;
Gilroy Economic Development Corporation minutes of February 14,2003;
Notice of filing of application for electric revenue increase and gas revenue
decrease: Annual Earnings Assessment (AEAP) for P.G.&E.; and
Information from the Advisory Council of the Council on Aging.
The minutes of the South County Regional Wastewater Authority meeting of
April 8, 2003 were noted.
The report of the Youth Commission meeting of May 12,2003 was noted.
Motion was made by Councilman Gartman, seconded by Councilman Morales
and carried to reagendize the City flag design contest discussion to June 2, 2003.
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The City Attorney distributed information for the study session on the
Downtown Business Improvement District scheduled for July 14, 2003.
The Mayor thanked the Arts & Culture Commission and Public Arts
Committee for the dedication ceremony for the mural downtown, which was
dedicated to the memory ofLael McCormack. He thanked the Exchange Club for
the Blue and Gold Awards, and also thanked New Hope Community Church for
their Law Enforcement Awards dinner and the Bethany Church of God in Christ
for a similar awards dinner.
Councilman Gartman reminded everyone that a week from today is the
Memorial Day Parade and celebration.
Councilman Arellano stated that he would be absent from the June 2, 2003
meeting in order to attend his daughter's college graduation.
Councilman Morales congratulated the arts community for supporting the first
arts conference. He thanked staff and the tax payers for allowing him to attend the
League of California Cities Latino Caucus and attend a meeting in Sacramento
with the Mayor to lobby for our interests.
Councilman Dillon noted that Scooby Doo and Yogi Bear will be attending the
Memorial Day Parade.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
MAY 2003
19 Closed Session - Conference with Labor Negotiator (IAFF. Local 2805 Fire
Employees) - 5:30 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*Workshop Regarding Charter Communications - 6:00 p.m., City Council
Chambers
27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
28 Ag Mitigation Task Force -7:00 p.m., Gilroy City Council Chambers
JUNE 2003
2 Study Session - Open Space Authority - 6:00 p.m., Gilroy City Council
Chambers
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 SCRW A 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 SCRWAMeeting -7:30 a.m., 1500 SouthsideDrive, 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
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JULY 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
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
14 Study Session - Residential Blight Ordinance and Business Improvement
District - 6:30 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 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
23 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
Adjournment At 9:49 p.m. the Mayor adjourned the meeting to a closed session.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property:
7353 & 7355 Monterey Street, Gilroy, California (Marko & Klara Gera) APN 799-08-039
& 799-08-040
7347 Monterey Street, Gilroy, California (Gin L. & Leung K. Dong) APN 799-08-041
7341 Monterey Street, Gilroy, California (Salvation Army) APN 799-08-042 & 043
7301 Monterey Street, Gilroy, California (George Besson Jr. Trustee) APN 799-08-044
57 & 67 W. Seventh Street, Gilroy, California (Oyao Baleriana) APN 799-08-045 & 046
7310, 7320, 7330, 7350 and 7360 Eigleberry Street, Gilroy, California (Marko & Klara
Gera) APN 799-08-047,048,049,050,051 & 060
Agency Negotiator: Jay Baksa
Negotiating Parties: City of Gilroy and above property owners
Matter Under Negotiation: Acquisition / price and terms of payment
At 10: 10 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