Minutes 2004/01/05
8172
Posting
Agenda
Roll Call
Board/Com.
Members
Regular Meeting
January 5,2004
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the agenda had been posted on December 31, 2003
at 8:35 a.m.
Present: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman,
Charles S. Morales, Russ Valiquette, Roland Velasco, and Al Pinheiro - 7:00 p.m.
Under Orders of the Day, the Mayor noted an item to add to the agenda after
the Consent Calendar regarding approval of the Glen Loma Ranch Street
Improvements to the School Site.
The Mayor introduced and the City Clerk swore in the following new Board
Commission and Committee members:
Judy Lazarus, Arts and Culture Commission
Joyce Taylor, Library Commission
Rebeca Armendariz, Parks and Recreation Commission
Sam Bozzo, Parks and Recreation Commission
Bruce Williams, Parks and Recreation Commission
Dion Bracco, Planning Commission
Tim Day, Planning Commission
Ermelindo Puente, Planning Commission
Samuel P. Kekaha, Jr., Building Board of Appeals
Thomas A. Muniz, BicycleIPedestrian Advisory Board
Humberto "Bert" Rangel, BicycleIPedestrian Advisory Board
The following new Board and Committee members Anthony Rosso,
BicycleIPedestrian Advisory Board and Roberta Jones, Public Art Committee
were not present for introduction.
Retired Board! The Mayor presented a certificate of service to the following Commission
Commission members:
& Committee
Members Ermelindo Puente, Parks and Recreation Commission
Paul Correa, Planning Commission
Russ Valiquette, Planning Commission
Tree Lined
Streets
Consent
Calendar
The following Board, Commission, and Committee members Caryn Smith,
Arts and Culture Commission; Shawn Weymouth, Parks and Recreation
Commission; Belinda Allen, Planning Commission; Mike Amaral, Bicycle/
Pedestrian Advisory Board; Mike Schaut, BicycleIPedestrian Advisory Board; Al
Slechta, BicycleIPedestrian Advisory Board; and Camille McCormack, Public Art
Committee were not present to accept their certificate.
The Mayor noted a presentation by Phil Buchanan on a possible task force to
study tree lined streets.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to add this item to the City Council retreat agenda.
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.
Motion was made by Councilman Morales, seconded by Councilman
Dillon and carried that the following items under the Consent Calendar be
approved, by the following Roll Call Vote: Ayes: Councilmembers: Paul Correa,
Robert T. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland
Velasco and Al Pinheiro:
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Minutes Minutes of the Regular Council Meeting of December 15, 2003 as amended;
Res.2004-0 1 Adopted Resolution No. 2004-01 authorizing the submittal of an application to
the California State Library Bond Act of 2000 for a Local Library Construction
Grant.
RESOLUTION NO. 2004-01
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA STATE LffiRARY BOND ACT OF 2000 FOR A LOCAL
LffiRARY CONSTRUCTION GRANT.
PASSED AND ADOPTED this 5th day of January, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2004-02 Adopted Resolution No. 2004-02 approving RD 01-21, a revised application
to change the Oak Commons approval RD 01-21 under the Residential
Development Ordinance from 163 attached single-family homes to 137 detached
single-family homes on the east side of Wren Avenue, south of First Street, APNs
808-08-011, 808-12-027 and 028. The O'Brien Group, applicant.
RESOLUTION NO. 2004-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING RD 01-21, A REVISED APPLICATION TO CHANGE THE
OAK COMMONS APPROVAL RD 01-21 UNDER THE RESIDENTIAL
DEVELOPMENT ORDINANCE FROM 163 ATTACHED SINGLE-FAMILY
HOMES TO 13 7 DETACHED SINGLE-FAMILY HOMES ON THE EAST
SIDE OF WREN AVENUE, SOUTH OF FIRST STREET, APNS 808-08-011,
808-12-027 AND 028. THE O'BRIEN GROUP, APPLICANT.
PASSED AND ADOPTED this 5th day of January, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2004-03 Adopted Resolution No. 2004-03 approving TM 03-01, a Tentative Map to
subdivide an approximately 1.9 acre site into 11 single-family residential lots
located on the west side of Church Street across from Woodworth Way, APN
790-16-061. Mark Hewell, applicant.
RESOLUTION NO. 2004-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 03-01, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 1.9 ACRE SITE INTO 11 SINGLE-FAMILY
RESIDENTIAL LOTS LOCATED ON THE WEST SIDE OF CHURCH
STREET ACROSS FROM WOODWORTH WAY, APN 790-16-061. MARK
HEWELL, APPLICANT.
PASSED AND ADOPTED this 5th day of January, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res. 2004-04 Adopted Resolution No. 2004-04 approving A/S 03-20, an application for
L \L \-' Architectural and Site approval of a Planned Unit Development (PUD) for an 11-
unit residential subdivision on approximately 1.9 acres on the west side of Church
Street across from Woodworth Way, APN 790-16-061. Mark Hewell, applicant.
RESOLUTION NO. 2004-04
8174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 03-20, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR AN
II-UNIT RESIDENTIAL SUBDIVISION ON APPROXIMATELY 1.9 ACRES
ON THE WEST SIDE OF CHURCH STREET ACROSS FROM
WOODWORTH WAY, APN 790-16-061. MARK HEWELL, APPLICANT.
PASSED AND ADOPTED this 5th day of January, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2004-05 Adopted Resolution No. 2004-05 approving SPE 03-07, an application for a
Small Project Exemption from the Residential Development Ordinance, APN 790-
19-089, Hacienda Del Sol/Neil Mussallem, applicant.
RESOLUTION NO. 2004-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SPE 03-07, AN APPLICATION FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE,
APN 790-19-089, HACIENDA DEL SOL/NEIL MUSSALLEM, APPLICANT.
PASSED AND ADOPTED this 5th day of January, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Budget
Budget Amendments/Transfers as recommended; and
Surplus
Declared equipment as surplus.
Accept Impr.
Glen Loma
Ranch Street
Improvements Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to add an item to the agenda for the Glen Loma Ranch Street
Improvements to the School Site per GC54954.2(b)(2) in that the need for
immediate action arose after the agenda had been posted and the City was unaware
of the need for immediate action.
The Mayor noted an item to be added to the agenda for the Glen Loma Ranch
Street Improvements to the School Site.
Motion was made by Councilman Valiquette, seconded by Councilman
Morales and carried to accept the improvements for the Glen Loma Ranch Street
Improvements to the School Site.
Parks and Rec. Denise Jungling, Parks and Recreation Commission, gave a report on the Parks
Com. Report and Recreation Commission noting that the Sports Park will begin construction
this spring. She noted that construction of Sunrise Park will also begin this spring,
along with Carriage Hills Park and Los Arroyos Park. She stated the Solorzano
Gym was built in conjunction with the Gilroy Unified School District. She
commented that the Uvas Creek pedestrian trail is complete from Laurel Drivl~ to
Santa Teresa Boulevard. She stated that property acquisition negotiations an~
continuing for the new Cultural Center. She explained that they are researching
the feasibility for establishing a non-profit foundation for the Community Services
Department. She noted downtown improvements that the Commission would like
the City to consider. In answer to a question, she noted that they are planning
tours of bicycle parks in the area.
The Mayor recused himself from discussion and action on the next item due to
being a relative of the applicant, stepped down from the dais and left the room.
8175
Res.2004-06 Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Gartman voting no and Mayor Pinheiro absent) to adopt
Resolution No. 2004-06 approving TM 01-07, a Tentative Map to subdivide an
approximately 2.9 acre site into a 13-parcel residential subdivision located at 940
Sunrise Drive, APN 783-20-047.
RESOLUTION NO. 2004-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 01-07, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 2.9 ACRE SITE INTO A 13-PARCEL RESIDENTIAL
SUBDIVISION LOCATED AT 940 SUNRISE DRIVE, APN 783-20-047.
PASSED AND ADOPTED this 5th day of January, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES,
VALIQUETTE, and VELASCO
NOES: COUNCILMEMBERS: GARTMAN
ABSENT: COUNCILMEMBERS: PINHEIRO
The Mayor returned to his seat at the dais.
Res.2004-07 Motion was made by Councilman Morales, seconded by Councilman Correa
and carried (Councilmembers Gartman and Valiquette voting no) to adopt
Resolution No. 2004-07 approving A/S 03-37, an application for Architectural and
Site approval of a Planned Unit Development (PUD) for three single-family homes
on a 16,093 square foot portion of approximately 7.14 acres on the west side of
Church Street, south of Farrell Avenue, APN 790-47-061, Red Line Corporation,
applicant.
RESOLUTION NO. 2004-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 03-37, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR
THREE SINGLE-F AMIL Y HOMES ON A 16,093 SQUARE FOOT PORTION
OF APPROXIMATELY 7.14 ACRES ON THE WEST SIDE OF CHURCH
STREET, SOUTH OF FARRELL AVENUE, APN 790-47-061, RED LINE
CORPORATION, APPLICANT.
PASSED AND ADOPTED this 5th day of January, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES
VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: GARTMAN and VALIQUETTE
ABSENT: COUNCILMEMBERS: NONE
The following informational items were noted with no separate discussion on
same:
Customer Service:
Email of thanks from Brock Prather to all those who contributed to the Ochoa
After School Santa's program; and
Letter of thanks from Steve Smith, Gavilan College, to Officer Mark Tarasco
for agreeing to guest lecture recently at Gavilan College.
Informational items:
Letter from Susan Wong, Department of Transportation, regarding concurring
with VTA's recommendation not to construct a sound wall on the west side of US
101 (near the Corporation Yard);
SB 165 compliance report for CFD No. 2000-1 (Highway 152);
Letter from Carl Guardino, Silicon Valley Manufacturing Group, thanking
Mayor Pinheiro and City Administrator Jay Baksa for meeting with him to share
their public policy priorities;
8176
A& C Com.
11-12-03
Library Com.
11-12-03
P&RCom.
11-18-03
Sr.Adv.Bd.
11-17-03
SCRWA
11-12-03
Youth Com.
11-10-03
Youth Com.
12-8-03
Member
Removal
Letter from Mel Martinez, U. S. Department ofHUD, regarding new HUD
Rule on Faith-Based Organizations and Activities; and
Gilroy Economic Development Corporation minutes of December 12, 2003.
The minutes ofthe Arts and Culture Commission meeting of November 12,
2003 were noted.
The minutes of the Library Commission meeting of November 12,2003 were
noted.
The minutes of the Parks & Recreation Commission meeting of November 18,
2003 were noted.
The minutes of the Gilroy Senior Advisory Board meeting of November 17,
2003 were noted.
The minutes of the South County Regional Wastewater Authority meeting of
November 12, 2003 were noted.
The minutes of the Gilroy Youth Commission meeting of November 10, 2003
were noted.
The report of the Gilroy Youth Commission meeting of December 8,2003 was
noted.
The Mayor noted a request for removal of Youth Commission member and
recruit for replacement.
Motion was made by Councilman Dillon, seconded by Councilman Valiquette
and carried to remove Youth Commission member Danika Vogel and recruit for
her replacement.
City Administrator Protempore Dorn distributed the new Councilmember
orientation agenda, noting that the orientation may have to be rescheduled. He
distributed the City Council retreat agenda items and also the January 12
workshop agenda items.
The City Attorney noted that she was directed to look into the possibility of
joining a lawsuit with other League of California cities regarding the VLF backfill
issue, which has been resolved due to the governor's backfill promises at this time.
She noted that she received an Email from the League inviting cities to be on a list
in case the State Controller does not give the money back. She is determining
whether there is any financial commitment from the cities before she adds the City
of Gilroy to the list.
Councilman Dillon stated that he hoped everyone had a Happy New Year. He
noted that Corey McCarthy was visiting here over the holidays.
Councilman Morales stated that he hopes everyone has a prosperous year.
Councilman Velasco asked that Phil Buchanan's request is agendized for the
Council retreat. He questioned whether there is a list or if the City would need to
recruit for a Youth Commissioner. He thanked the museum staff and Historical
Society for this past Saturday's presentation on the impact that they would see if
the tier cuts had to be made.
Councilman Gartman wished everyone a Happy New Year.
Councilman Valiquette discussed the proposed Police Station. He noted that
he and Councilman Dillon met with Morgan Hill staff and discussed the Morgan
Hill Police Station vs. the Gilroy Police Station differences.
8177
The Mayor stated that he hoped everyone had great holiday season and wished
everyone a prosperous year,
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
JANUARY 2004
5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12 Study Session - Projects Update - 6:00 p.m., Gilroy City Council Chambers
13 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
13 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior
Center
14 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
16 Annual Retreat - 8:00 a.m. to 5:00 p.m., Hilton Garden Inn, 6070 Monterey
Street, Gilroy, (dinner at 6:00 p.m. -location to be determined)
17 Annual Retreat - 8:00 a.m. to 1 :00 p.m., Hilton Garden Inn, 6070 Monterey
Street, Gilroy
20 Closed Session - 6:30 p.m., Gilroy City Council Chambers
20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
26 Study Session - Master Plans/Nexus Study Review - 6:00 p.m., Gilroy City
Council Chambers
27 SCRWAMeeting -7:30 a.m., 1500 SouthsideDrive, Gilroy
27 Neighborhood District Task Force -7:00 p.m., Gilroy Senior Center
28 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
FEBRUARY 2004
2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
9 Workshop for Councilmembers/Boardmembers/Commission Members on the
Brown Act. Conflict oflnterest. and Meeting Procedure - 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., Gilroy Senior
Center
11 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 Joint City CouncillPlanning Commission Study Session - Cffi - 6:00 p.m.,
Gilroy City Council Chambers
24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
24 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
25 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
MARCH 2004
1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 Joint City Council/Planning Commission Study Session - 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
10 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
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
23 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
24 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center Main Hall
Adjournment At 7:32 p.m. the Mayor adjourned the meeting to the meeting of January 20,
2004.
Respectfully submitted,
) d
~.,A/t I) L ,/". ',1 ,f /" ?
II. /t 1/0\..1 '1..-- C. -t ',-,
/s/ RHONDA PELLIN, CMC
City Clerk