Minutes 2004/11/01
8310
Regular Meeting
NOVEMBER 01,2004
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Mark Turner, South Valley Community Church, gave the invocation.
The City Clerk noted that the agenda had been posted on October 27, 2004 at
1 :34 p.rn_
Roll Call
Present: Paul Correa~ Robert T. Dillon; Craig Gartman~ Charles S. Morales; Russ
V aliquette~ Roland Velasco; Al Pinheiro
Orders of the Day
There were no changes to the agenda.
Introductions
The following new employees were introduced: Avey Gonzalez, Maintenance
Worker I, Community Services Department and Karina Strand, Community Service
Officer, Police Department.
Presentations & Proclamations
Employee Award for the Month of October, 2004.
The Mayor presented the Employee Award for the Month of October, 2004 to Jerry
Thome, Building Inspector II, Community Development Department.
Team of the Month Award to the Safety Committee.
The Mayor presented the Team of the Month Award to the Safety Committee (Lisa
Bacio, Theresa Marquez, Rick Brandini, Daniel Castaneda, Carmen Medrano, Todd
Barreras, Phyllis Reese, and Jacqueline Bretschneider).
Certificate of Recognition to Bhagwan Sri Sri Sri Viswayogi Viswamjee Maharaj,
"Viswamandiram" Guntur (AP), India.
The Mayor noted a Certificate of Recognition for Bhagwan Sri Sri Sri Viswayogi
Viswamjee Maharaj, "Viswamandiram" Guntur (AP), India, which was previously
presented to the recipient.
Team of the Month Award to the Plan Review Section.
The Mayor presented the Team of the Month Award to the Plan Review Section (Jane
Alexander, Carolyn Costa, and Nancy McDonald).
Presentations by the members of the public for items not on the agenda.
Carl Vincent Shook-Brennan stated that the City Code is flawed regarding Chapter
6a. He noted that he plans to file a lawsuit against all those involved in this conspiracy.
Chris Cote noted a number of citizens who signed a poll regarding the Hecker Pass
Specific Plan and the Agricultural Mitigation Plan. He distributed information received in
the poll.
8311
Consent Calendar
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried to approve the Consent Calendar.
Minutes of the Regular Council Meeting of October 18,2004.
Recommendation to Approve Budget Amendments/Transfers.
Resolution of the City Council of the City of Gilroy for the 2002 Resources Bond Act
State Urban Parks and Healthy CO!llffiunities Program approving the application for grant
funds for the State Urban Parks and Healthy Communities Program under the California
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of2002.
RESOLUTION NO. 2004-92
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY FOR THE
2002 RESOURCES BOND ACT STATE URBAN PARKS AND HEALTHY
COMMUNITIES PROGRAM APPROVING THE APPLICATION FOR GRANT
FUNDS FOR THE STATE URBAN PARKS AND HEALTHY COMMUNITIES
PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE
NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002.
PASSED AND ADOPTED this 1st day of November, 2004, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A Resolution ordering the vacation of 0.03 acres (1156 square feet) ofa public street
dedication located on the north side of Cypress Court and Ponderosa Drive, Gilroy,
California.
RESOLUTION NO. 2004-93
RESOLUTION ORDERING THE VACATION OF 0.03 ACRES (1156 SQUARE
FEET) OF A PUBLIC STREET DEDICATION LOCATED ON THE NORTH SIDE OF
CYPRESS COURT AND PONDEROSA DRIVE, GILROY, CALIFORNIA.
PASSED AND ADOPTED this 1st day of November, 2004, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Approval of Grant Deed and Quit Claim to the Santa Clara County Valley
Transportation Authority to facilitate the Highway 152 Improvement Project B.
A Resolution of the City Council of the City of Gilroy approving an update to the
2000 Master Plan of Fire Services.
RESOLUTION NO. 2004-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN UPDATE TO THE 2000 MASTER PLAN OF FIRE SERVICES.
PASSED AND ADOPTED this 1st day of November, 2004, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A Resolution of the City Council of the City of Gilroy approving a policy regarding
annual adjustment of the Traffic Impact Fee based on review of the costs of the traffic
projects.
8312
RESOLUTION NO. 2004-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A POLICY REGARDING ANNUAL ADJUSTMENT OF THE
TRAFFIC IMP ACT FEE BASED ON REVIEW OF THE COSTS OF THE TRAFFIC
PROJECTS.
PASSED AND ADOPTED this 1 st day of November, 2004, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A Resolution of the City Council of the City of Gilroy providing for annual
adjustments in Sewer, Water and Storm Development Impact Fees based upon the
increase in the Construction Cost Index.
RESOLUTION NO. 2004-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
PROVIDING FOR ANNUAL ADJUSTMENTS IN SEWER, WATER AND STORM
DEVELOPMENT IMP ACT FEES BASED UPON THE INCREASE IN THE
CONSTRUCTION COST INDEX.
PASSED AND ADOPTED this 1 st day of November, 2004, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Library Commission Report
Library Commissioner Victor Valdez reviewed the activities of the Library
Commission. He noted the increase of patrons at the Library. He commented that for the
fourth year in a row, the Santa Clara County Library system was named the best public
library in the United States of America. He noted that there is a letter writing campaign
on-going to support the Library grant. He stated that due to funding cuts, the Library is
now closed on Mondays. He noted that he is ending his tenure on the Library
Commission and thanked the citizens for their support.
Sports Park Improvement Bid
Recommendation to award bid for the Sports Park Improvements - Phase I & II No.
05-CDD-108, to Don Chapin Company in the amount of $10,690,000.
The City Administrator presented a recommendation to award the bid for the Sports
Park Improvements - Phase I & II No. 05-CDD-I08, to Don Chapin Company in the
amount of $10,690,000.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried to award the bid for the Sports Park Improvements - Phase I & II No. 05-CDD-
108, to Don Chapin Company in the amount of $10,690,000.
Impact Fees
An Ordinance adding Article VII, commencing with Section 21.160, to Chapter 21 of
the Gilroy City Code to authorize the combination of five existing development impact
fees into one fee to fund public facilities.
Motion was made by Councilman Morales, seconded by Councilman Valiquette and
carried to adopt Ordinance No. 2004-17 adding Article VII, commencing with Section
21.160, to Chapter 21 of the Gilroy City Code to authorize the combination of five
existing development impact fees into one fee to fund public facilities.
ORDINANCE NO. 2004-17
AN ORDINANCE ADDING ARTICLE VII, COMMENCING WITH SECTION
21.160, TO CHAPTER 21 OF THE GILROY CITY CODE TO AUTHORIZE THE
COMBINATION OF FIVE EXISTING DEVELOPMENT IMPACT FEES INTO ONE
FEE TO FUND PUBLIC FACILTIES.
PASSED AND ADOPTED this 1st day of November, 2004, by the following vote:
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AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE,
VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: GARTMAN
ABSENT: COUNCILMEMBERS: NONE
Church of Jesus Christ of Latter Day Saints
An Ordinance of the City Council of the City of Gilroy prezoning approximately 6.21
acres as R1-PUD (Single-Family Residential- Planned Unit Development), prezoning
approximately 2.11 acres as PF (ParklPublic Facility), and rezoning from Rl (Single-
Family Residential) to RI-PUD (Single-Family Residential- Planned Unit Development)
approximately 0.39 acres, all located at 6151 Thomas Road, APNs 808-39-066,067 and
808-21-024, 025~ Z 02-05, Church of Jesus Christ of Latter Day Saints, applicant
Motion as made by Councilman Velasco, seconded by Councilman Morales and
carried 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 Velasco, seconded by Councilman Morales and
carried (Councilman Gartman voting no) to introduce an Ordinance of the City Council
of the City of Gilroy approving Z 02-05.
The James Group (Masoni Orchard)
An Ordinance of the City Council of the City of Gilroy approving an application for a
change in zoning designation from Al (Agriculture) to RI-PUD (Single-Family
Residential- Planned Unit Development) on approximately 2.8 acres located on Miller -
Avenue at the southwest corner of Santa Teresa Boulevard and Thomas Road, APNs 810-
23-002,003, The James Group (Masoni Orchard), applicant, Z 04-05.
Motion was made by Councilman Velasco, seconded by Councilman Morales and
carried 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 Velasco, seconded by Councilman Morales and
carried to introduce an Ordinance ofthe City Council of the City of Gilroy approving Z
04-05.
Del Curto Brothers
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 1.93 acres located at
8895 Kern Avenue at the southwest comer of Kern and Mantelli, APNs 790-04-073,084,
and 085, Del Curto Brothers, applicant, Z 04-07.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried 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 Correa, seconded by Councilman Morales and
carried to introduce an Ordinance of the City Council of the City of Gilroy approving Z
04-07.
Impact Fees
A Resolution of the City Council of the City of Gilroy revising the Development
Impact Fees charged by the Community Development Department
Staff memorandum noting clerical error, no action required.
Land Capital Group, Inc.
A Resolution of the City Council of the City of Gilroy approving A1S 04-29, an
application for Architectural and Site approval of a Planned Unit Development (PUD) for
an approximately 118,000 square foot retail center (Gilroy Commons) on approximately
10.18 acres, located at the southeast comer of Highway 152 and Camino Arroyo, APNs
841-70-027,028,029,030, Land Capital Group, Inc. (c/o Scott Davison), applicant.
8314
Letter from applicant requesting reconsideration of the allowed signage.
Scott Davison explained why he is requesting an additional pylon sign. He noted an
alternative proposal for the project signage, adding an additional 40' pylon sign.
Lynn Devoe, project marketing consultant, explained the need for the second pylon
sign to have visibility for customers traveling further south to the third building in the
project.
Planner II Durkin stated that she recommended approval of this request.
Motion was made by Councilman Gartman, seconded by Councilman Morales and
carried to adopt Resolution No. 2004-97 approving A/S 04-29, an application for
Architectural and Site approval of a Planned Unit Development (pun) for an
approximately 118,000 square foot retail center (Gilroy Commons) on approximately
10.18 acres, located at the southeast corner of Highway 152 and Camino Arroyo, APN s
841-70-027,028,029,030, Land Capital Group, Inc. (c/o Scott Davison), applicant,
subject to the modification to allow an additional 40' pylon sign, to be located with the
approval of the Planning Division.
RESOLUTION NO. 2004-97
APPROVING A/S 04-29, AN APPLICATION FOR ARCHITECTURAL AND SITE
APPRO V AL OF A PLANNED UNIT DEVELOPMENT (pun) FOR AN
APPROXIMATELY 118,000 SQUARE FOOT RETAIL CENTER (GILROY
COMMONS) ON APPROXIMATELY 10.18 ACRES, LOCATED AT THE
SOUTHEAST CORNER OF rnGHW A Y 152 AND CAMINO ARROYO, APNS 841-
70-027,028,029,030, LAND CAPITAL GROUP, INC. (C/O SCOTT DAVISON),
APPLICANT.
PASSED AND ADOPTED this 1st day of November, 2004, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Street Naming (Cameron Boulevard)
Request to name the new arterial roadway located east of Highway 101 as Cameron
Boulevard.
The staff report was noted and further explained by Planner II Durkin.
Joe McCarthy, Jr. stated that his family is making a significant investment in Gilroy.
He noted that 20-30 years in the future, they will be part of Gilroy's history. He requested
that if the whole length is not named McCarthy Boulevard, then perhaps just the southern
portion could be named that. He stated that he understands if the City has their criteria
and needs to follow it.
Motion was made by Councilman Morales, seconded by Councilman Correa and the
motion did not carry (Councilmembers Dillon, Gartman, Valiquette, and Velasco voting
no) to name the new arterial roadway located east of Highway 101 as Cameron
Boulevard.
Motion was made by Councilman Gartman, seconded by Councilman Dillon to name
the new arterial roadway Gilroy Boulevard, and the following motion took precedence.
Motion was made by Councilman Velasco, seconded by Councilman Dillon and
carried to reconsider the previous motion.
Motion was made by Councilman Velasco, seconded by Councilman Correa and
carried (Council members Gartman and Valiquette voting no) to name the new arterial
roadway Cameron Boulevard.
Street Naming Committee
Request removal of Lani Biafore from the Street Naming Committee.
The Staff Memorandum was noted.
8315
Motion was made by Councilman Correa, seconded by Councilman Morales and
carried to remove Lani Biafore from the Street Naming Committee, and include the
vacancy in the current recruitment/application period.
After a short discussion, Councilman Dillon volunteered to assume Councilman
Velasco's place on the Street Naming Committee.
The following information items were noted with no separate discussion on same:
Customer Service
Letter of commendation from Joseph M. Lugo and Frances P. Lugo to Arica
Hernandez and Jim Trujillo for their assistance with a water line break.
Letter of thanks from Mary Ellen Ash, City ofWatsonville, to Gregg Polubinsky for
assistance with an oral board.
Email of congratulations from Donna Pray to Cathy Mirelez for another great Art
Show.
Note of thanks from Julianne Schenone to Cathy Mirelez for the Art and Culture
Exhibit.
Informational items
City of Gilroy Investment Report dated September, 2004.
Email from Rachel Munoz sharing an article regarding a rejuvenated neighborhood
being rewarded.
Minutes of the Arts and Culture Commission meeting of September 14, 2004.
Minutes of the Gilroy Gang Task Force meetings of September 7,2004 and October
5,2004.
Minutes of the Parks & Recreation Commission meeting of September 21, 2004.
Minutes of the Senior Advisory Board meetings of August 16, 2004 and September
20, 2004.
Minutes of the Gilroy Youth Commission meeting of September 13,2004.
Minutes of the South County Regional Wastewater Authority meeting of September
14,2004.
The City Administrator noted that the 2005 Council meetings have been
predetermined for the first few meetings, so the proposed change from rescheduling a
Council meeting after a holiday from the next day, Tuesday, to the following Monday
will start later in the year.
Councilman Dillon requested everyone vote tomorrow.
Councilman Morales asked everyone to please vote, noting that it is everyone's
guaranteed right to protect and preserve freedoms.
Councilman Correa requested everyone to please vote.
Councilman Gartman asked everyone to go out and vote, and wished good luck to all
the candidates.
The Mayor noted that they did have a meeting last week regarding the Indian casino.
He stated that a press release went out and notes were being finalized. He explained that
after each meeting, they will do a press release.
He requested the Council on November 29,2004 at 6:00 p.m. hold a closed session
on the City Attorney's performance review. He stated that after that review, the City
Administrator will give a projects update report.
8316
He requested that Councilmembers ask Planner II Durkin any questions on the
Hecker Pass Specific Plan now, to save time on Monday.
He requested that Councilmembers get their input on the City Administrator's
evaluation to him.
He asked for a volunteer for the Gilroy Unified School District Accountability Task
Force, and Councilman Morales stated that he would attend that task force.
*Meeting will be televised on Channel 17
NOVEMBER 2004
1 Study Session - Review of the Open Space Authority - 6:00 p.m., Gilroy City Council
Chambers
1 *Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
8 Special City Council Meeting - Hecker Pass Specific Plan - 6:00 p.m., Gilroy City
Council Chambers
9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
9 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center
15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
16 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
19 Joint City CouncillPolice Department/Fire Department Mini-Retreat - 9:00 a.m.,
Historic Strand Theatre, 7588 Monterey Street, Gilroy
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
DECEMBER 2004
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 Interviews for Boards/Commissions - 6:00 p.m., Gilroy City Council Chambers
14 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
14 Downtown Specific Plan Task Force Meeting - 6:00 p.m., City Council Chambers
20*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
21 Neighborhood District Task Force -7:00 p.m., Gilroy Senior Center
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
JANUARY 2005
3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
11 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center
18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
18 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
24 Study Session - Joint City CouncillPlanning Commission on the Neighborhood
District Policy - 6:00 p.m., Gilroy City Council Chambers
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
At 8:34 pm, the Mayor adjourned the meeting to the meeting of November 15, 2004.
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Isl RHONDA PELLIN, CMC
City Clerk