Minutes 2003/06/02
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8074
Regular Meeting
June 2, 2003
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Invocation
Lay Leader Kat Teraji, United Methodist Church, gave the Invocation.
Posting
Agenda
The City Clerk noted that the agenda had been posted on May 28, 2003
at 10:15 a.m.
Roll Call
Present: Councilmembers: Robert T. Dillon, Craig Gartman, Charles S.
Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer; Absent:
Councilmember Peter D. Arellano - 7:02 p.m.
The Mayor noted under Orders of the Day that Items VI.A. and VI.B. would
be continued to July 7,2003 and Item I.F.l. would be continued to June 16,2003.
New Employee New Employee Shawn Leaver, Public Safety Communicator, Police
Department was introduced.
8075
Proc.- The Mayor noted a proclamation for Scleroderma Awareness Month - June,
Scleroderma 2003 which was previously mailed to the recipient.
Awareness Month
Vol. Award The Mayor presented a certificate to Pat Moore, Volunteer of the Year for
2002-2003.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Arthur Barron, on behalf of the new Gilroy Eigleberry Neighborhood
Association, noted that they had received a grant for their association and thanked
Councilman Pinheiro for speaking at their meeting. He reviewed upcoming events
for their association.
Ray Hoyland gave a presentation on Freedom Bears, a company he started in
Gilroy, where people can purchase a military bear in honor of someone in the
military. He presented bears to Councilmembers Velasco and Dillon, Lisa
Morales, and Mayor Springer. He gave four bears to the Council to present to
deserving citizens and also gave them some bears representing the Gilroy Garlic
Festival.
Sal Flores spoke in honor of Danny Perez. He asked that a plaque be
dedicated in his honor or the Christmas Hill Major Field be named in his honor,
because of his work with coaching softball and refereeing in Gilroy.
Consent
Calendar
Motion was made by Councilman Pinheiro, seconded by Councilman Dillon
and carried that the following items under the Consent Calendar be approved, by
the following Roll Call Vote: Ayes: Councilmembers: Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco and Thomas W.
Springer; Absent: Councilmember Peter D. Arellano:
Minutes
Minutes of the Regular Council Meeting of May 19, 2003;
Budget
Budget Amendments/Transfers as recommended;
Res.2003-34
Adopted Resolution No. 2003-34 approving TM 02-10, a Tentative Map to
subdivide an approximately 1,321 acre site into 101 single-family residential
hillside lots located at sites west of Santa Teresa Boulevard, south ofUvas Creek,
and southwest of Miller Avenue, APNs 810-24-007, 810-39-002, 810-40-004/005,
810_41_006,810-56-017/022,810-57-017, Shapell Industries of Northern
California, applicant;
RESOLUTION NO. 2003-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 02-10, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 1,321 ACRE SITE INTO 101 SINGLE-FAMILY
RESIDENTIAL HILLSIDE LOTS LOCATED AT SITES WEST OF SANTA
TERESA BOULEVARD, SOUTH OF UV AS CREEK, AND SOUTHWEST OF
MILLER AVENUE, APNS 810-24-007, 810-39-002, 810-40-004/005, 810-41-
006, 810-56-017/022, 810-57-017, SHAPELL INDUSTRIES OF NORTHERN
CALIFORNIA, APPLICANT.
PASSED AND ADOPTED this 2nd day of June, 2003, by the following vote;
AYES: COUNCILMEMBERS: DILLON, GARTMAN, MORALES,
PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ARELLANO
Res.2003-35 Adopted Resolution No. 2003-35 approving A/S 03-16, an application for
Architectural and Site approval of a Planned Unit Development (PUD) for 90
single-family homes north and south of Sunrise Drive, APNs 790-20-035,038,
041,042,043, Western Pacific Housing, applicant;
8076
RESOLUTION NO. 2003-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 03-16, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR 90
SINGLE-FAMILY HOMES NORTH AND SOUTH OF SUNRISE DRIVE,
APNS 790-20-035, 038, 041, 042, 043, WESTERN PACIFIC HOUSING,
APPLICANT.
PASSED AND ADOPTED this 2nd day of June, 2003, by the following vote;
AYES: COUNCILMEMBERS: DILLON, GARTMAN, MORALES,
PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ARELLANO
Accept.Impr.
Tract 9411
Accepted Improvements, Tract No. 9411, Sunrise Estates, Bay Colony
Investors II, Inc.
Youth Com.
Report
Lauren Bevilaqua, Gilroy Youth Commission, reviewed the activities of
the Youth Commission over the past six months. She reviewed their short and
long term goals. Ty Ashford noted specific activities that the Youth
Commissioners assisted with. He reviewed the survey results for 2003. He noted
the upcoming planned activities.
Arts & Culture Dia Hoshida, Gilroy Arts & Culture Commission, reviewed the activities
Com. Report of the Commission including work on the first public art mural project "Past,
Present and Future" and also the "Building Our Arts Community" Arts conference.
She noted their continued work on a unified Master Public Arts Plan for Gilroy.
She stated that representatives attended the annual Cyril awards in San Francisco.
Bid-Corp.Yd. The City Administrator presented a recommendation to award the bid to Kent
Impr.Project Construction for Corporation Yard Improvements Project (03-CDD-I04) in the
amount of$2,612,753.00.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Arellano absent) to award the bid to Kent Construction
for Corporation Yard Improvements Project (03-CDD-I04) in the amount of
$2,612,753.00, including Add Alternate NO.1 for $9,390.00 and Add Alternate
No.2 for $19,028.00 for a total of$2,641, 171.00.
Bid-Sunrise Fire The City Administrator presented a recommendation to award the bid to
Station Proj. Farotte Construction for the Sunrise Fire Station Project (03-CDD-122) in the
amount of $2,983,146.00.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Arellano absent) to award the bid to Farotte Construction
for the Sunrise Fire Station Project (03-CDD-122) in the amount of
$2,983,146.00.
Pub. Hearing
Z 00-08
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.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Arellano absent) to continue Z 00-08 to July 7,2003.
Pub.Hearing
A 00-01
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 (Councilman Arellano absent) to continue A 00-01 to July 7,2003.
8077
Pub. Hearing
Weeds
The Mayor stated it was the time and place scheduled for a Public Hearing to
consider annual destruction or removal of weeds and/or refuse constituting a
public nuisance in the City of Gilroy.
The staff report was noted and further eXplained by the City Administrator.
Fire Marshal Bretschneider reviewed the process.
The Mayor opened the Public Hearing. There being no comment from the
audience, the Mayor closed the Public Hearing.
Res.2003-36 Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Arellano voting no) to adopt Resolution No. 2003-36
instructing the Chief of the Fire Department to abate the nuisance arising out of
weeds growing and refuse accumulating upon lots in the City of Gilroy, pursuant
to Section 12.51 of the Gilroy City Code.
RESOLUTION NO. 2003-36
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INSTRUCTING THE CHIEF OF THE FIRE DEPARTMENT TO ABATE THE
NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE
ACCUMULATING UPON LOTS IN THE CITY OF GILROY, PURSUANT TO
SECTION 12.51 OF THE GILROY CITY CODE.
PASSED AND ADOPTED this 2nd day of June, 2003, by the following vote;
AYES: COUNCILMEMBERS: DILLON, GARTMAN, MORALES,
PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ARELLANO
City Flag
The Mayor noted a review of the proposed City flag design.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Arellano absent) to approve the proposed City flag design
as modified to reduce the size of the word California.
Councilman Velasco recused himself from discussion and vote on the next item
due to the proximity of his residence to this request, stepped down from the dais,
and left the room.
Res.2003-37 Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilmembers Arellano and Velasco absent) to adopt Resolution
No. 2003-37 approving A/S 02-26, an application for Architectural and Site
approval of a Planned Unit Development (PUD) to construct a 132,940 square
foot Alzheimer's and Assisted Living Facility in the Village Green Development at
1520 Hecker Pass Highway, APN 810-21-006, DMA Gilroy Partners, applicant.
RESOLUTION NO. 2003-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 02-26, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) TO
CONSTRUCT A 132,940 SQUARE FOOT ALZHEIMER'S AND ASSISTED
LIVING FACILITY IN THE VILLAGE GREEN DEVELOPMENT AT 1520
HECKER PASS HIGHWAY, APN 810-21-006, DMAGILROYPARTNERS,
APPLICANT.
AYES: COUNCILMEMBERS: DILLON, GARTMAN, MORALES,
PINHEIRO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ARELLANO and VELASCO
Councilman Velasco returned to his seat at the dais.
8078
Downtown
Prohibitions
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #18-2003 dated May 9,2003; and
Letter from Simon Salinas regarding the City of Gilroy concerns on the
potential budget cuts to local governments.
Informational items:
City of Gilroy Investment Report dated April, 2003;
Letter from Caltrain regarding reconsideration of Gilroy as a site for the
Caltrain Maintenance Facility;
Meeting notes of the Gilroy Visitors Bureau, Inc. meeting of April 8, 2003;
Letter from Steve B. Sachs, U.S. Department of Housing and Urban
Development) regarding the timely use of Community Development Block Grant
(CDBG) Funds;
Letter from Charlie Van Meter, Gilroy Unified School District, noting that the
District will not be able to maintain a playground on the Eliot site once
construction starts; and
Letter of thanks from John Garcia to the Gary Filice Memorial Fund and the
Gilroy Foundation for the contribution to the youth scholarship program.
The City Administrator announced that he and Community Development
Director Rooney have been appointed to the Perchlorate Working Group to stay in
close communication on the issue. He noted that there is a Naming Policy in the
works for facilities in honor of citizens. He questioned whether the Council
wished to place an advisory vote regarding the Open Space Authority on the
November ballot. They agreed to have a study session on the issue in the fall, but
not place anything on the November, 2003 ballot.
The City Attorney noted that a writ of mandate from Santa Clara County had
been issued which sides 100% with SCR W A, and that the Regional Board must
issue the discharge permit. They have 90 days to issue the permit. She also noted
that the Regional Board has the option of appealing the decision.
The City Attorney noted a report back on the Downtown Specific Plan Task
Force request to prohibit certain uses, used auto sales, tattoo parlors, "head"
shops, and bar and dance halls without food sales, from being newly established in
the Downtown area on an interim basis until adoption of the Specific Plan.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Arellano absent) to direct the City Attorney to draft an
ordinance to temporarily prohibit certain uses in the Downtown area.
The Mayor thanked Russ Valiquette and Councilmembers Dillon and Gartman
and everyone else who worked so hard and donated money and services for the
Memorial Day Parade.
Councilman Dillon echoed what the Mayor said and thanked Councilman
Velasco for being a judge and Russ Valiquette for everything he did for the
Memorial Day parade. He also thanked Ray Hoyland for his Freedom Bear.
Councilman Morales agreed with all that Councilman Dillon stated.
Councilman Pinheiro thanked his colleagues for all their hard work on the
Memorial Day parade and celebration.
Adjournment
8079
Councilman Gartman thanked the community for supporting the Memorial Day
celebration.
Councilman Velasco thanked Councilmembers Dillon and Gartman for their
leadership on the Memorial Day celebration. He stated that there is an item on the
Board of Supervisors agenda tomorrow regarding providing emergency medical
dispatch service for Santa Clara County and the City of Gilroy, which will be
implemented on July 1, 2003.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
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 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 SCRW A 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 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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
23 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
AUGUST 2003
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
12 Downtown Specific Plan Task Force Meeting - 6:00 p.m., City Council
Chambers
13 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
18*Regular City Council Meeting - 7:00 p.m., City Council Chambers
(CANCELLED)
19 Neighborhood District Task Force - 7:00 p.m., Gilroy City Council Chambers
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
27 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
At 8: 17 p.m. the Mayor adjourned the meeting to a closed session.
Pursuant to Government Code Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiators: Jeff Sloan, Charles Sakai, and LeeAnn McPhillips
Employee Organization: IAFF, Local 2805 (Fire Employees)
18080
I
I
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Pursuant to Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
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 8:30 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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City Clerk