Minutes 2004/02/17
Posting
Roll Call
Proc.-Janie
Mardesich
Proc.-Bob
Kraemer
Proc.-Tom
Valenta
Proc.-Jenny
Belcher
Proc.-Mama
Mia's
Ristorante
Italiano
8191
Regular Meeting
February 17, 2004
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag,
The City Clerk noted that the agenda had been posted on February 11, 2004 at
11: 10 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 that the Orchard Valley
CommunitieslBenassi Oaks public hearings would be continued to March 15,
2004. He also stated that he would be adjourning the meeting in memory of Bruce
Jacobs, former City Attorney, and Congressman Mike Honda's wife, Jeanne
Honda, both having passed away recently.
The Mayor noted a proclamation for Janie Mardesich, 2003 Woman of the
Year.
The Mayor noted a proclamation for Bob Kraemer, 2003 Man of the Year.
The Mayor noted a proclamation for Tom Valenta, 2003 Firman B. Voorhies
Volunteer of the Year.
The Mayor noted a proclamation for Jenny Belcher, 2003 EDC Educator of
the Year.
The Mayor noted a proclamation for Mama Mia's Ristorante Italiano, 2003
Small Business of the Year.
Proc.-Ruggeri- The Mayor noted a proclamation for Ruggeri-Jensen-Azar & Associates
Jensen-Azar (RJA), 2003 Large Business of the Year.
& Assoc.
Proc. -Silicon The Mayor presented a proclamation for Silicon Valley Reads Month -
Valley Reads February, 2004 to Lani Yoshimura, Gilroy Library.
Proc.-Strike The Mayor presented proclamations for the Strike Team Recognition.
Team Recognition
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
Minutes
Ord.2004-01
Motion was made by Councilman Valiquette, seconded by Councilman
Morales 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:
Minutes of the Regular Council Meeting of February 2, 2004;
Adopted Ordinance No. 2004-01 approving an application for a change in
zoning designation from Al (Agriculture) to R1-PUD (Single Family Residential-
Planned Unit Development) on approximately 19.2 acres at the intersection of
Thomas Road, Mesa Road and Miller Avenue, APN 810-28-001, Skip Spiering,
applicant, Z 03-15;
8192
ORDINANCE NO. 2004-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A CHANGE IN ZONING
DESIGNATION FROM Al (AGRICULTURE) TO R1-PUD (SINGLE FAMILY
RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON
APPROXIMATELY 19.2 ACRES AT THE INTERSECTION OF THOMAS
ROAD, MESA ROAD AND MILLER AVENUE, APN 810-28-001, SKIP
SPIERING, APPLICANT, Z 03-15.
PASSED AND ADOPTED this 17th day of February, 2004, by the following
vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2004-11 Adopted Resolution No. 2004-11 supporting a statewide ballot initiative to
require voter approval before State Government may take local tax funds; and
RESOLUTION NO. 2004-11
A RESOLUTION SUPPORTING A STATEWIDE BALLOT INITIATIVE TO
REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY
TAKE WCAL TAX FUNDS.
PASSED AND ADOPTED this 17th day of February, 2004, by the following
vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Accept.Impr. Accepted Improvements, Tract No. 9487, Gilroy Crossings, Regency Realty
Group, Inc., a Florida Corporation.
Ord.2004-02 Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Velasco voting no) to adopt Ordinance No. 2004-02
approving an application for a change in zoning designation from R2 (Two Family
Residential) to R2-PUD (Two-Family Residential- Planned Unit Development) on
approximately 3.74 acres, located at 240 Farrell Avenue, APN 790-12-016, James
Suner, applicant, Z 03-16.
ORDINANCE. NO. 2004-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A CHANGE IN ZONING
DESIGNATION FROM R2 (TWO FAMILY RESIDENTIAL) TO R2-PUD
(TWO-F AMIL Y RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON
APPROXIMATELY 3.74 ACRES, LOCATED AT 240 FARRELL AVENUE,
APN 790-12-016, JAMES SUNER, APPLICANT, Z 03-16.
PASSED AND ADOPTED this 17th day of February, 2004, by the following
vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, and PINHEIRO
NOES: COUNCILMEMBERS: VELASCO
ABSENT: COUNCILMEMBERS: NONE
Res.2004-12 Motion was made by Councilman Morales, seconded by Councilman Correa
and carried (Councilman Velasco voting no) to adopt Resolutiou.No. 2004-12
approving TM 03-06, a Tentative Map to subdivide an approximately 3.74 acre
site into 18 residential lots and a private park site located at 240 Farrell Avenue,
APN 790-12-016, Carriage Park/James Suner, applicant.
8193
RESOLUTION NO. 2004-12
A Resolution of the City Council of the City of Gilroy approving TM 03-06, a
Tentative Map to subdivide an approximately 3.74 acre site into 18 residential lots
and a private park site located at 240 Farrell Avenue, APN 790-12-016, Carriage
Park/James Suner, applicant.
PASSED AND ADOPTED this 17th day of February, 2004, by the following
vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, and PINHEIRO
NOES: COUNCILMEMBERS: VELASCO
ABSENT: COUNCILMEMBERS: NONE
Res.2004-13 Motion was made by Councilman Valiquette, seconded by Councilman
Morales and carried (Councilman Velasco voting no) to adopt Resolution No.
2004-13 approving A/S 03-33, an application for Architectural and Site approval
ofa Planned Unit Development (PUD), an 18-10t residential subdivision on
approximately 3.74 acres at 240 Farrell Avenue, APN 790-12-016, Carriage
Park/James Suner, applicant.
RESOLUTION NO. 2004-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 03-33, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD), AN 18-
LOT RESIDENTIAL SUBDMSION ON APPROXIMATELY 3.74 ACRES AT
240 FARRELL AVENUE, APN 790-12-016, CARRIAGE PARK/JAMES
SUNER, APPLICANT.
PASSED AND ADOPTED this 17th day of February, 2004, by the following
vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, and PINHEIRO
NOES: COUNCILMEMBERS: VELASCO
ABSENT: COUNCILMEMBERS: NONE
Councilman Gartman recused himself from discussion and vote on the ne~ two
items due to the proximity of his residence to the project, stepped down from the
dais, and left the room.
Res.2004-14 Motion was made by Councilman Valiquette, seconded by Councilman
Morales and carried (Councilman Gartman absent) to adopt Resolution No. 2004-
14 approving SPE 03-05, an application for a Small Project Exemption from the
Residential Development Ordinance, APN 783-20-016, Rancho Meadows, Inc.,
applicant.
RESOLUTION NO. 2004-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SPE 03-05, AN APPLICA nON FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE,
APN 783-20-016, RANCHO MEADOWS, INC., APPLICANT.
PASSED AND ADOPTED this 17th day of February, 2004, by the following
vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: GARTMAN
Res.2004-15 Motion was made by Councilman Morales, seconded by Councilman
Valiquette and carried (Councilman Gartman absent) to adopt Resolution No.
2004-15 approving SPE 03-06, an application for a Small Project Exemption from
the Residential Development Ordinance, APN 783-20-015, Camino Enterprises
Corp., applicant.
8194
RESOLUTION NO. 2004-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SPE 03-06, AN APPLICATION FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE,
APN 783-20-015, CAMINO ENTERPRISES CORP., APPLICANT.
PASSED AND ADOPTED this 17th day of February, 2004, by the following
vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: GARTMAN
Councilman Gartman returned to his seat at the dais.
A/S 02-36 The Mayor noted an Architectural & Site review request to allow the
Newman Dev. construction ofa 219,622 square foot retail building on 19.73 acres, zoned C3-
Group M2-PUD (Shopping Center Commercial-General Industrial-Planned Unit
(Wal-Mart) Development), located on the northeast corner ofRenz Lane and Camino Arroyo,
Newman Development Group (Wal-Mart), c/o George Akel, A/S 02-36.
The staff report was noted and further explained by Planner II Durkin.
Judy Davidoff, on behalf ofWal-Mart, introduced staff members present to
answer questions. She thanked staff, and in particular Melissa Durkin, for their
assistance during the process. She asked for approval of the certification of the
EIR and the project. She noted that this is exactly the type of project that was
originally proposed for this area. She noted that the relocated store has been sold,
and noted that there would be additional benefits from that. She explained that
Wal-Mart is asking for no benefits from the City. She noted that the mitigations
proposed would mitigate air quality issues.
Bill Parrish, design architect, spoke on the design achievements, including
landscaping in excess of the requirements, attractive building design, and energy
conservation.
Jan Gonzales, Wal-Mart employee, noted that this will be good for the City
and citizens from other areas will come here to shop.
Connie Rogers stated that she is concerned about the traffic, air pollution, the
economic impact, and potential blight from the Super Wal-Mart. She asked for a
delay and for the City to not certify the EIR and to receive the economic data that
is needed.
Jessica Fitchen, Greenbelt Alliance, stated that the Economic Impact Report is
very old, twelve years, and noted that the approval of this project may put out of
business several current stores in Gilroy. She noted that Gilroy already has the
poorest air quality in the County, and this will impact it additionally.
Rose Barry spoke of moral blight. She noted that Wal-Mart offers low prices
and considerable savings to Gilroy citizens. She noted that Wal-Mart makes an
enormous profit and does give to charitable groups in Gilroy, but noted that they
pay low wages and benefits. She stated that children are employed by Wal-Mart,
is the subject of the largest gender equity suit in history, and the clothes they sell
are stitched by women who are locked in windowless rooms. She challenged Wal-
Mart to be a good business.
Pam Robasciotti stated that she worked for Wal-Mart for 61;2 years, and stated
that employees work long hours and that Wal-Mart is not a good company. She
noted that there are many discrimination lawsuits currently against Wal-Mart.
Felicia Rosas noted that she has lived in Gilroy all of her life. She stated that
another analysis should be done on this project. She noted that Monterey Street is
looking beautiful in part of it, but that she is embarrassed by the other areas.
8195
Chris Cote stated that he has lived here for 23 years, and noted a petition
signed by over 400 persons who want the Gilroy Independence Ordinance to be
put into effect. He stated that the Wal-Mart Gilroy project does not meet State
and Federal clean air standards and laws.
Ron Lind read some headlines regarding Wal-Mart issues. He stated that Wal-
Mart is a corporate criminal. He stated that the Council should demand SOffil~
answers.
Dawn Rossai, Crazy Coyote Restaurant employee, stated that she has chronic
illnesses. She stated that ifWal-Mart is allowed to build, that her illness will
worsen.
Roger Rivera congratulated the newly elected Councilmembers, noting that he
was born in Gilroy. He noted that Wal-Mart does not provide livable wages. He
stated that Gilroy is a good union town.
Steve Gonzales, noted that he is a life-long resident of Gilroy. He noted that
competition should bring out the best, and noted that the consumer wins. H€~
stated that he supports Wal-Mart. He noted that Wal-Mart has excellent benefits
and management worked with his mother in a time of family crises.
Dr. Peter Arellano noted that he has practiced medicine here in Gilroy, and
many of his patients suffer from chronic health conditions including asthma and
respiratory illnesses. He commented on the problems noted in the EIR. He stated
Gilroy citizens would be adversely affected if this project is approved.
Mary Yates stated that she has lived in Gilroy since 1981, and questioned how
the quality ofIife is measured. She noted that in the EIR it was stated that air
quality levels will be lowered and cannot be mitigated. She asked the Councill to
find a balance for Gilroy's quality oflife.
John Gabrielli, attorney from Davis, California, representing Gilroy Citizt~ns for
Responsible Planning, noted a packet of information produced by William D.
Kopper, including a detailed economic report, which concluded that the project
may cause or contribute to potentially significant impacts that may lead to blight-
like conditions. He stated that the Wal-Mart center has unique impacts that have
never been studied.
John Portulano noted that he works for Wal-Mart and is speaking on behalf of
the Wal-Mart Associates. He showed a slide show of employees that could not be
present at the meeting tonight.
Miag Morales stated that she has worked for Wal-Mart for 10 years. Sh.~
stated that she spends more time in Wal-Mart than at home, and has raised two
children while working there.
Cecilia Pitchford stated that Wal-Mart has good opportunities for their
employees. She noted that no one holds you back. She stated that Gilroy citizens
are going to get quality merchandize for low prices.
Samuel Miceli stated concerns with losing Rite-Aid and PW. He stated that
this is not a good idea for Gilroy.
Anita Orca stated that she has worked at Wal-Mart for 10 years and lived in
Gilroy all her life. She stated that she has watched Gilroy grow and continue to
grow. She stated that Wal-Mart has treated her very well.
Dale Jelsema noted that the consumer can get a better product at a better price
with imported products. He noted that citizens shop for the best value. He stated
that this is not a Wal-Mart/non Wal-Mart issue, but rather a price issue.
8196
Lisa Prieto asked that the Super Wal-Mart project not be approved. She stated
that if this is approved, grocery stores will close. She noted that this does not
improve our high quality of life that Gilroy offers. She stated that she would like
Wal-Mart to offer a living wage and benefits to all of their employees.
Andrew Ulett noted his education and certification background. He noted that
the Wal-Mart associates do not feel that a union is needed for the employees. He
noted opportunities available at Wal-Mart.
Mark Zappa noted previous speakers' issues. He noted references to a study
and report by the Bay Area Economic Forum, which was commissioned by Mark
Wolfe. He also noted that Mr. Wolfe regularly sues Wal-Mart all over the state.
He asked that the Wal-Mart project be approved.
At 8:58 p.m. the Mayor called for a seven minute recess, after which he
recalled the meeting to order.
Sylvia Hguyen stated that she works for Wal-Mart management. She stated
that Wal-Mart is her second family.
Georgia Garfink, representing the Board of Directors of the Chamber of
Commerce, read part of a letter endorsing the right of a business to do business as
long as the entity meets health, safety, and environmental issues. She noted that
not all jobs are career jobs, but rather a starting out, learning job.
Bill Lindsteadt thanked George Akel for developing a first-class regional retail
center. He noted that Wal-Mart has designed a very attractive building, with many
extra features, including many energy-saving elements. He noted that the City
needs the jobs, revenue and the impact fees that Wal-Mart will provide. He
commented that air quality seems to be the only environmental issue addressed in
the EIR. He explained that by not having to drive from store to store, this project
would reduce the air quality issues. He noted the community grants provided to
local organizations by Wal-Mart.
Michael Adams, from south San Jose, stated that he has patronized Wal-Mart
through the years. He stated that he felt the employees were intimidated when he
asked the employees about unionizing and benefits.
Carmen Soto stated that she suffers from asthma. She stated that this project
will lower the quality oflife and the air quality will be lowered. She stated that she
grew up in Gilroy.
Bruce Morasca stated that he is against this project and that it will change the
quality of life in Gilroy. He asked the Council to think about what would happen if
this project is approved. He noted issues with the EIR and that the problems
should be fully mitigated, including air quality, traffic, and to require an economic
impact report.
Lenny Ortega stated that he was born and raised in Gilroy, and read an excerpt
from a report by the Democratic staff of the Committee on Education and the
Workforce from the US. House of Representatives. He noted his union wages
and the cost of his benefits.
David Rosas noted that he was born and raised in Gilroy, and stated that
Gilroy is getting bigger than it should. He noted his concerns with Wal-Mart and
their wages and benefits.
Mike Correa stated that this is not just about super Wal-Mart or unions. He
stated that it is about the impact on Gilroy and its citizens. He stated that an
economic impact study would set the citizens at peace. He noted traffic
congestion concerns with police and fire response times. He stated that blight
would be created. He stated that it would affect the small businesses.
8197
Enrique Arguello (read by Carol Criss) stated that he had a bad experience
with a large corporation like Wal-Mart. He stated that local construction work
won't be done by local workers. It was requested that responsible employers be
brought to Gilroy.
Richard Bangle stated that he was appalled by the actions of the Planning
Commission and the comments by the Council. He questioned why a new financial
impact study was not required. He noted a study by ABAG to limit the size of big
box stores in communities.
Austin Geiger stated that just because we live in a capitalist society, doesn't
mean that our local government has to follow that. He stated the local government
should protect the small businesses.
Esther Wu, pharmacy manager at Wal-Mart, stated that she has good benefits
at Wal-Mart, and that all the associates' benefits are the same. She stated that she
is confused about the statements made at this meeting. She noted that Gilroy is in
a valley and that Wal-Mart is trying to reduce the pollution. She noted that \lVaI-
Mart cares.
Carol Criss noted her concern about air pollution in the area. She noted that
Wal-Mart puts small businesses out of business.
Jane Howard stated that she is chair of the Government Review Committee,
which recommended approval of the Wal-Mart project. She noted that she was a
small business owner when Wal-Mart originally came into Gilroy, and was proud
that Gilroy brought in business seminars to small businesses to show them how to
compete with Wal-Mart. She stated that Super Wal-Mart would provide a choice
for consumers.
Jodie Chavez stated that she used to work for Wal-Mart and was terminated.
She noted that Wal-Mart covers up employee problems. She commented on
lawsuits that are pending. She noted that her daughter works for a company with
a union, which supports her.
Tina Manier noted petitions signed by area residents in support of the Super
Wal-Mart, with 594 total signatures and 386 from Gilroy. She stated that Wal-
Mart is not here to put small businesses out of business.
Judy Davidoff stated that this is a land use decision, rather than whether the
Council likes or dislikes Wal-Mart. She noted a current, detailed economic report
prepared by the Sedway Group that was provided to the Council.
Lupe Arellano, member of the Gilroy Chamber of Commerce and resident of
the Sixth Street area, stated that there are no mitigations for the Sixth Street area.
She noted the pollution generated by this project and the impact on Eliot School.
She asked that the Council look at mitigations for the issues in the EIR. She asked
that Wal-Mart build a "green" Wal-Mart. She also asked the Council to consider
the impacts on Sixth Street and the traffic near Eliot School and the air quality
impacts.
The Mayor noted the following issues that Council had concerns about:
1. Overnight parking of recreational vehicles at the proposed site
2. Replacement/re-occupation of the current store
3. Green store concept
4. Awning design for front entry
S. Eco (environmental) education programs
6. Out-reach training workshops for existing small businesses
7. Construction timing for new bridge
8. Information on "energy friendly" building
9. Community outreach programs (contributions to charities)
10. Provide information on the construction contractor
11. Create an outreach program to attract employees from Gilroy
12. Provide an economic comparison matrix
8198
SPE 03-11
James
Suner
Judy Davidoff stated that the Wal-Mart issues could be addressed tonight.
Motion was made by Councilman Velasco, seconded by Councilman Correa
and carried (Councilmembers Gartman and Valiquette voting no) to continue this
request to March 15, 2004 to allow staff time to review the above list.
At 11 :08 p.m. the Mayor called for a ten minute recess, after which he recalled
the meeting to order.
The Mayor noted a Small Project Exemption request to allot 11 single
family residential units on property zoned R1 (Single Family Residential)
located at 6555 Monterey Road, James Suner, applicant, SPE 03-11.
The staff report was noted and further explained by Planner II Casper.
Motion was made by Councilman Velasco, seconded by Councilman
Valiquette and carried to direct staff to prepare a resolution approving SPE 03-11.
Carriage Hills The Mayor noted a request for a time extension for Carriage Hills - Phase III
Phase III RDO Allocations, Tentative Map, and Final Map.
Z 03-14
TM 03-04
Eminent
Domain-
Dong
The staff report was noted and further explained by Planner II Casper.
Philip Ladd reviewed the planning for this project, noting difficulties with the
economy for estate lots.
Motion was made by Councilman Morales, seconded by Councilman
Valiquette and carried to approve time extensions for Carriage Hills - Phase III
RDO Allocations, Tentative Map, and Final Map.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Zone Change request to rezone 14.5 acres from R2-R3-C3 (Two Family
Residential-Medium Density Residential-Shopping Center Commercial) to R2-R3-
C3-PUD (Two Family Residential-Medium Density Residential-Shopping Center
Commercial-Planned Unit Development), located between Cypress Court and First
Street, Orchard Valley Communities/Benassi Oaks, applicant, Z 03-14.
Motion was made by Councilman Correa, seconded by Councilman Dillon and
carried to continue the Public Hearing to March 15, 2004 due to continuance by
the Planning Commission.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to sub-divide 14.5 acres into 25 residential lots, and one
commercial lot, on property zoned R2-R3-C3 (Two Family Residential-Medium
Density Residential-Shopping Center Commercial) located between Cypress Court
and First Street. Orchard Valley Communities/Benassi Oaks, applicant, TM 03-
04.
Motion was made by Councilman Correa, seconded by Councilman Dillon and
carried to continue the Public Hearing to March 15, 2004 due to continuance by
the Planning Commission.
The Mayor stated it was the time and place scheduled for a Public Hearing for
the purpose of adopting a Resolution of Necessity authorizing the City Attorney of
the City of Gilroy to file eminent domain proceedings for the acquisition of a fee
interest in the real property identified by APN 799-08-041, property located at
7347 Monterey Street between 6th and 7th Street owned by Gin Loy Dong and
Leung Kam See Dong.
The staff report was noted and further explained by Facilities & Parks
Development Manager Headley.
The Mayor opened the Public Hearing.
8199
John Espinosa, realtor in the South County area, stated that the value offered
to Mr. Dong for his property was out ofline, and unfair. He stated that Mr. Dong
deserves a fair market value for his property.
Estelle Dong stated that her father-in-law worked his whole life, and doesn't
feel that he should have to get and pay for an appraisal to sell his property. She
stated that they would have an appraisal done. She noted the family plan is to start
an antique store in that location.
Tracy Blundo stated that he was raised in Gilroy and has known Mr. Dong for
30 years. He noted that Mr. Dong was a hard-working man.
The Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman
Valiquette and the motion did not carry (Councilmembers Correa, Gartman, and
Morales voting no - 2/3s vote required to pass this resolution) to adopt a
resolution of necessity and have the City Attorney wait 30 days to start any action.
Motion was made by Councilman Gartman, seconded by Councilman Morales
and carried to continue this request to March 15, 2004.
The following informational items were noted with no separate discussion on
same:
Legislation:
Letter of thanks from Assemblymember Simon Salinas regarding the City's
opposition to the Governor's proposal to increase the existing ERAF shift.
Customer Service:
Letter of thanks from Christa Hanson, Principal, Saint Mary School, to their
Friends at Gilroy City Hall and at the Gilroy Museum for all that they have done to
assist them; and
Email of thanks from John Greenhut to Jerry Thome and Kathy McHenry for
their assistance with a lost 5th grader.
Informational items:
Gilroy Economic Development Corporation minutes of January 9, 2004.
Neigh.District The report of the Neighborhood District Implementation Task Force meeting
12-16-03 of December 16,2003 was noted.
SCRWA
12-9-03
The minutes of the South County Regional Wastewater Authority meeting of
December 9,2003 were noted.
The City Administrator stated that he would have the CIB (Capital
Improvement Budget) to the Council on Friday, but with no impact fee
calculations. He stated that they will also discuss the budget and the priority
listing.
Councilman Valiquette noted an appellate court case regarding ag mitigation,
and gave the information to the City Attorney to review to see if it has anything to
do with the Task Force.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
8200
FEBRUARY 2004
17 Council Team Building and SEMS (Standardized Emergency Management
System) Training - 6:00 p.m., Gilroy City Council Chambers
17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 Joint City Council/Planning Commission Study Session - Cffi - 6:00 p.m.,
Gilroy City Council Chambers
24 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
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
9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
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
23 SCRWA Meeting and Retreat - 7:30 a.m.-Noon, 1500 Southside Drive, Gilroy
16 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
24 Ag Mitigation Task Force -7:00 p.m., Gilroy Senior Center Main Hall
APRIL 2004
5*Regular City Council Meeting - 7:00 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
19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
20 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
26 Hecker Pass Specific Plan Workshop - 6:00 p.m., Gilroy City Council
Chambers
28 Ag Mitigation Task Force - 7:00 p.m., Gilroy City Council Chambers
Closed At 12: lOa. m., the Mayor adjourned the meeting to a closed session.
Session CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property:
Johnella Schackelford, 1138 Del Oro Way, Gilroy, CA 95020, APN 783-37-066
Vidal and Filberto Fonseca, 1136 Del Oro Way, Gilroy, CA 95020, APN 783-37-067
William Abraham and Claudia Diaz-Abraham, 9320 Benbow Drive, Gilroy, CA 95020
APN 783-48-103
Agency Negotiator: Jay Baksa
Negotiating Parties: City of Gilroy, Schackelford, Fonseca, Abraham
Matter Under Negotiation: Acquisition of Temporary Construction Easement ("TCE")
Adjournment At 12: 15 a.m. the Mayor reconvened the meeting and announced that no
action had been taken in the Closed Session, and further adjourned the meeting, in
memory of Bruce Jacobs and Jeanne Honda, to the next regularly scheduled
meeting of March 1,2004.
Respe~tfully submitted,
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X /zi/I/'(~l ((([1\
/s/" RHONDA PELLIN, CMC
City Clerk