Minutes 2003/06/16
8080
Invocation
Posting
Agenda
Roll Call
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Regular Meeting
June 16, 2003
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Elder Gerhard Link, South Valley Community Church, gave the Invocation.
The City Clerk noted that the agenda had been posted on June 11, 2003
at 3: 55 p. m. and the addendum was posted on June 13, 2003 at 1: 00 p. m.
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, and Thomas W. Springer; Absent:
Councilmember Roland Velasco (excused) - 7:10 p.m.
New Employees The following new employees were introduced: Arica Hernandez, Accounting
Assistant I, Administrative Services Department and Jonathan Crick, Chemical
Control Specialist I, Community Development Department.
Vol. Award
Tony Fuentes
Santa Clara
Housing
Action
Coalition
Proc. - Italian
Republic
V 01. Award
The Mayor noted that the Volunteer of the Month of May, 2003, David
Romero, was not present.
The Mayor presented a certificate to retired Library Commission member Tony
Fuentes.
The Mayor noted a presentation by Beverley B. Bryant, Home Builders
Association on behalf of the Santa Clara Housing Action Coalition regarding
affordable homes and density. She shared some myths regarding affordable homes.
The Mayor noted a proclamation for the 57th Anniversary of the Founding of
the Italian Republic - June 5, 2003, which was presented to the recipient on June
5,2003.
The Mayor noted that the Volunteer ofthe Month of June, 2003, Laurie
Goldsmith, was not present.
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Employee
Award
The Mayor presented the Employee Award for the Month of June, 2003, to
Mike Botill, Firefighter II, Fire Department.
T earn Award
The Mayor presented the Team Award for the Month of June, 2003, to the
Facilities Staff
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.
Councilman Arellano stated that he had been unable to view the videotape for
the June 2, 2003 meeting, and requested that Consent Calendar Item III.A. be
pulled for a separate vote.
Consent
Calendar
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Velasco absent) that the following items under the
Consent Calendar be approved, removing Item III.A. Minutes of the Regular
Council Meeting of June 2, 2003 and noting an additional Item III.E. Resolution of
the City Council of the City of Gilroy for Summary Vacation ofa portion ofRenz
Lane, by the following Roll Call Vote: Ayes: Councilmembers: Peter D. Arellano,
Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro and Thomas W.
Springer; Absent: Councilmember: Roland Velasco:
Budget
Budget Amendments/Transfers as recommended;
Accept. Improv. Accepted Improvements, APN 790-39-033 & 034, Santa Teresa Boulevard,
Vanni Investments I, LLC;
Res. 2003-38 Adopted Resolution No. 2003-38 establishing the July 1, 2003 and January 1,
2004 salary schedules for exempt personnel;
RESOLUTION NO. 2003-38
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ESTABLISHING THE JULY 1,2003 AND JANUARY 1, 2004 SALARY
SCHEDULES FOR EXEMPT PERSONNEL.
PASSED AND ADOPTED this 16th day of June, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
r-
Res. 2003-39 Adopted Resolution No. 2003-39 ordering the vacation of a portion of a public
street known as Renz Lane adjacent to Lot 6 as shown on the map of "Tract 9401,
Highway 152 Retail Center" filed August 16,2002, in Book 751, pages 10-15,
Records of Santa Clara County California.
RESOLUTION NO. 2003-39
A RESOLUTION ORDERING THE VACATION OF A PORTION OF A
PUBLIC STREET KNOWN AS RENZ LANE ADJACENT TO LOT 6 AS
SHOWN ON THE MAP OF "TRACT 9401, HIGHWAY 152 RETAIL
CENTER" FILED AUGUST 16,2002, IN BOOK 751, PAGES 10-15,
RECORDS OF SANTA CLARA COUNTY CALIFORNIA.
PASSED AND ADOPTED this 16th day of June, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Parcel Map Parcel Map, Newman Development Group of Gilroy, L.L.C.;
AB 939 Agreements to increase the Countywide AB 939 Implementation Fee and
Countywide Household Hazardous Waste Collection Program.
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Minutes Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilmembers Arellano and Velasco absent) to approve the minutes
of the Regular Council Meeting of June 2, 2003.
Res. 2003-40 Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Velasco absent) to adopt Resolution No. 2003-40
authorizing delivery and sale of auction rate Certificates of Participation in the
principal amount of not to exceed $47,000,000 to finance the City's 2003 Public
Buildings Project, and approving related documents and actions.
RESOLUTION NO. 2003-40
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING DELIVERY AND SALE OF AUCTION RATE
CERTIFICATES OF PARTICIPATION IN THE PRINCIPAL AMOUNT OF
NOT TO EXCEED $47,000,000 TO FINANCE THE CITY'S 2003 PUBLIC
BUILDINGS PROJECT, AND APPROVING RELATED DOCUMENTS AND
ACTIONS.
PASSED AND ADOPTED this 16th day of June, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
The Mayor adjourned the City Council meeting to conduct proceedings under
the Development Authorities of the City of Gilroy.
The Chairman called the meeting to order of the Gilroy Public Facilities
Financing Authority.
Roll Call
Present: Authoritymembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, and Thomas W. Springer; Absent:
Authoritymember Roland Velasco - 7:40 p.m.
Gilroy Public 2003 Public Buildings Project.
Facilities Financing
Authority
Res. 2003-01 Motion was made by Authoritymember Dillon, seconded by Authoritymember
Morales and carried (Authoritymember Velasco absent) to adopt Resolution No.
2003 -01 authorizing delivery and sale of auction rate Certificates of participation
in the principal amount of not to exceed $47,000,000 to finance construction of
the 2003 Public Buildings Project, and approving related documents and actions.
RESOLUTION NO. 2003-01
RESOLUTION OF THE BOARD OF DIRECTORS OF THE GILROY PUBLIC
FACILITIES FINANCING AUTHORITY AUTHORIZING DELIVERY AND
SALE OF AUCTION RATE CERTIFICATES OF PARTICIPATION IN THE
PRINCIPAL AMOUNT OF NOT TO EXCEED $47,000,000 TO FINANCE
CONSTRUCTION OF THE 2003 PUBLIC BUILDINGS PROJECT, AND
APPROVING RELATED DOCUMENTS AND ACTIONS.
P AS SED AND ADOPTED this 16th day of June, 2003, by the following vote;
AYES: AUTHORITYMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: AUTHORITYMEMBERS: NONE
ABSENT: AUTHORITYMEMBERS: VELASCO
The Chairman adjourned the meeting of the Authority and reconvened the
meeting of the Gilroy City Council.
The Mayor called the meeting ofthe Gilroy City Council to order.
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Roll Call
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, and Thomas W. Springer; Absent:
Councilmember Roland Velasco - 7:42 p.m.
Bid-New Police The City Administrator presented a recommendation to reject all bids and re-
Facility bid the New Police Facility Project No. 03-CDD-114.
Motion was made by Councilman Gartman, seconded by Councilman Morales
and carried (Councilman Velasco absent) to reject all bids for the New Police
Facility Project No. 03-CDD-114.
Pub. Hearing
TM 02-12
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to subdivide approximately 0.75 acres into five single-
family residential lots, in an Rl (Single Family Residential) zone, located at the
northwest corner of Ronan Avenue and Taos Way, Sherrell Kirk, applicant, TM
02-12.
The staff report was noted and further explained by Planner II Casper.
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 (Councilman Velasco absent) to direct staff to prepare a resolution
approving TM 02-12.
Pub. Hearing
TM 01-06
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to subdivide 10.6 acres into 11 single family lots in an RH
(Residential Hillside) zone on property located on the west side of Rancho Hills
Drive, Glen Lorna Group, applicant, TM 01-06.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Velasco absent) to continue TM 01-06 to August 4,2003
at the request of staff and the applicant.
Pub. Hearing The Mayor stated it was the time and place scheduled for a Public Hearing on
the 2003-2008 Financial Plan of the City of Gilroy.
The City Administrator reviewed the adoption process.
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
Res. 2003-41 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to adopt Resolution No. 2003-41
adopting the City Budget for Fiscal Year 2003-2004.
RESOLUTION NO. 2003-41
v
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING
THE BUDGET FOR SAID CITY FOR FISCAL YEAR 2003-2004 AND
APPROPRIATING PROPOSED EXPENDITURES FOR PURPOSES SET
FORTH IN BUDGET.
PASSED AND ADOPTED this 16th day of June, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Res. 2003-42
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to adopt Resolution No. 2003-42
adopting the Appropriation Limit for 2003-2004 Fiscal Year.
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RESOLUTION NO. 2003-42
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING
THE APPROPRIATION LIMIT FOR 2003-2004 FISCAL YEAR.
PASSED AND ADOPTED this 16th day of June, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS: VELASCO
SCR W A Budget Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to approve the 2003-2008 South County
Regional Wastewater Authority (SCRW A) Financial Plan.
2003 CIB
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to approve the 2003 Capital
Improvement Budget.
Pub. Hearing
Moratorium
The Mayor stated it was the time and place scheduled for a Public Hearing to
consider a moratorium ordinance prohibiting the approval of certain uses in the
downtown area until the City's study of the downtown is completed and a
Downtown Specific Plan is adopted.
The staff report was noted and further explained by the City Attorney.
The Mayor opened the Public Hearing. There being no comment from the
audience, the Mayor closed the Public Hearing.
Ord.2003-06 Motion was made by Councilman Pinheiro, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to adopt Ordinance No. 2003-06
prohibiting the establishment of certain uses, such as new bars and dance halls that
do not offer meals, "Head" shops, tattoo parlors, and sales of used automobiles,
for a period not to exceed forty-five (45) days, as modified.
ORDINANCE NO. 2003-06
AN URGENCY INTERIM ORDINANCE OF THE CITY OF GILROY
PROHIBITING THE ESTABLISHMENT OF CERTAIN USES, SUCH AS
NEW BARS AND DANCE HALLS THAT DO NOT OFFER MEALS, "HEAD"
SHOPS, TATTOO PARLORS, AND SALES OF USED AUTOMOBILES, FOR
A PERIOD NOT TO EXCEED FORTY-FIVE ( 45) DAYS.
PASSED AND ADOPTED this 16th day of June, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
A/S 03-17
The Mayor noted an Architectural & Site review request to construct two
additional residential units in an RI-R2/PUD (Single Family Residential-Two
Family ResidentiallPlanned Unit Development) zone, located at 520 and 530 Lewis
Street, Alfonso Almeida, applicant, A/S 03-17.
The staff report was noted and further explained by Planner II Durkin.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Velasco absent) to direct staff to prepare a resolution
approving A/S 03-17.
SPE 02-07
The Mayor noted a Small Project Exemption request to subdivide
approximately 4.12 acres into 12 residential lots, with two existing single family
residential lots in an Rl (Single Family Residential) zone, located at the southwest
corner of Tatum Avenue and Wren Avenue, Stewart Fahmy, applicant, SPE 02-07.
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The staff report was noted and further explained by Planner I Polubinsky.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to direct staff to prepare a resolution
approving SPE 02-07.
Res. 2003-43 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to adopt Resolution No. 2003-43 calling
a General Municipal Election for Municipal Officers, requesting consolidation of
elections with the General Election to be held November 4,2003, and requesting
services of the Registrar of Voters.
RESOLUTION NO. 2003-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
CALLING A GENERAL MUNICIPAL ELECTION FOR MUNICIPAL
OFFICERS, REQUESTING CONSOLIDATION OF ELECTIONS WITH THE
GENERAL ELECTION TO BE HELD NOVEMBER 4, 2003, AND
REQUESTING SERVICES OF THE REGISTRAR OF VOTERS.
PASSED AND ADOPTED this 16th day of June, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Ord. 2003-07 Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Velasco absent) to adopt Ordinance No. 2003-07
amending City of Gilroy Ordinance No. 2001-11 regulating municipal elections by
increasing the voluntary expenditure ceiling for candidates and controlled
committees.
ORDINANCE NO. 2003-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING CITY OF GILROY ORDINANCE NO. 2001-11 REGULATING
MUNICIPAL ELECTIONS BY INCREASING THE VOLUNTARY
EXPENDITURE CEILING FOR CANDIDATES AND CONTROLLED
COMMITTEES.
PASSED AND ADOPTED this 16th day of June, 2003, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS: VELASCO
Country Estates The Mayor noted a request for RDO Extension for Phase 4 of Country Estates.
The staff report was noted and further explained by Planner II Casper.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Velasco absent) to approve the extension to July 1,2004
for filing ofa Tentative Map and July 1,2005 for Final Map approval.
Cost-Sharing
Agreement
The Mayor noted a request to approve a Cost-Sharing Agreement to construct
a new 33" sewer relief trunk main.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried (Councilman Velasco absent) to approve the Cost-Sharing Agreement
with Morgan Hill and the revised improvement agreement with Regency for
installation of the 33" sanitary sewer across Regency Center properties.
The following informational items were noted with no separate discussion on
same:
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SCRWA
5-13-03
Planning Com.
6-5-03
Youth Com.
5-12-03
Youth Com.
By-Laws
Customer Service:
Letter of thanks from SuZann Muccigrosso, South Valley Middle School, to
Joshua Valverde for his presentation for the Spanish speaking parents of South
Valley Middle School and to Yvette Phillips and Vicki Seaton for assistance in
setting up the presentation;
Letter of thanks from Cathy Mirelez to Chris Weske and staff for providing
invaluable assistance setting up for the 2003 "Kids Discover Arts" Festival;
Emails of thanks from Councilmembers Gartman and Dillon to City staff
assistance and support with the Memorial Day parade; and
Email of thanks from AsWeyNguyen, MTC, to ArlynnBumanglag, Kristi
Abrams, Steve Beams, Laurie Loveless, Rosanna Pellin, Lupita Gaeta, Chris
Weske, Cynthia Taylor, Marilyn Guerin, Rick Smelser, and Wendie Rooney for
doing an outstanding job of delivering the TLC project (Monterey Streetscape
Phase II).
Informational item:
Gilroy Economic Development Corporation minutes of May 16,2003.
The minutes of the South County Regional Wastewater Authority meeting of
May 13,2003 were noted.
The report of the Planning Commission meeting of June 5, 2003 was noted.
The report of the Gilroy Youth Commission meeting of May 12, 2003 was
noted.
The Mayor noted a request for approval of proposed changes to the Youth
Commission By-Laws.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried (Councilman V elasco absent) to approve the proposed changes to the
Youth Commission By-Laws, as modified to add "a combination of' to Section 7.
Attendance to read "has missed a combination of three consecutive..."
The City Administrator noted the emergency communications network project
is being put into effect. He commented on a training session by John Nalbandian
on Thursday, July 17,2003 from 3:30 p.m. to 5:00 p.m. in Mountain View. He
stated that the VT A has sent out a binder on Community Design and
Transportation, A Manual of Best Practices for Integrating Transportation and
Land Use, and that Council has been requested to approve it in concept by
October, 2003. He questioned how many City flags to purchase, and Councilman
Pinheiro stated that he will try to find a sponsor for the purchase.
The Mayor noted that it was hot downtown for the Father's Day celebration.
Councilman Pinheiro identified John Tomasello, Steve Ashford, and Dave
Peoples as great for the downtown.
The Mayor noted that the special meeting on water and sewer rates scheduled
for June 30, 2003 would be televised.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
Adjournment
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JUNE 2003
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 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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
25 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center
30 Special Meeting - Water & Sewer Rate Revisions - 6:00 p.m., City Council
Chambers
30 City CouncillPlanning Commission Mini-Retreat - (to follow Special Meeting),
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., Gilroy Senior
Center
9 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center
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 Senior Center
AUGUST 2003
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
12 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior
Center
13 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center
18*Regular City Council Meeting - 7:00 p.m., City Council Chambers
(CANCELLED)
19 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
26 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
27 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center
At 9:02 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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/s/ ,vRHONDA FELLIN, CMC
City Clerk