Minutes 2004/03/01
Invocation
Posting
Roll Call
Proc.-Janie
Mardesich
Proc.-Bob
Kraemer
Proc.-Tom
Valenta
Proc.-Jenny
Belcher
Proc.-Mama
Mia's
Ristorante
Italiano
8201
Regular Meeting
March 1, 2004
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Mark Milwee, First Baptist Church, gave the Invocation.
The City Clerk noted that the agenda had been posted on February 25,2004 at
2:35 p.m.
Present: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman,
Charles S. Morales, Russ Valiquette, Roland Velasco, and AI Pinheiro - 7:00 p.m.
The Mayor presented a proclamation to Janie Mardesich, 2003 Woman of the
Year.
The Mayor presented a proclamation to Bob Kraemer, 2003 Man of the Year.
The Mayor presented a proclamation to Tom Valenta, 2003 Firman B.
Voorhies Volunteer of the Year.
The Mayor presented a proclamation to Jenny Belcher, 2003 EDC Educa.tor
of the Year.
The Mayor presented a proclamation to 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, not present to accept their
& Assoc. proclamation.
Gilroy Family The Mayor noted a mural presentation by the Gilroy Family Resource Center
Resource Youth Leadership Program.
Center
Colorectal
Cancer Mo.
Team Award
Employee
Award
Consent
Calendar
The Mayor noted a proclamation for Colorectal Cancer Awareness Month -
March, 2004, which was previously mailed to the recipient.
The Mayor presented the Team Award for the Month of February, 2004, to the
ACT (Anti-Crime Team) Members.
The Mayor presented the Employee Award for the Month of February, 2004 to
Kelly Felice, Office Assistant I, Community Development Department.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Chris Cote commented regarding the Gilroy Energy Independence Ordinance
noting nearly 600 signatures on a petition supporting the Ordinance. He stated
that he has been in contact with Wal-Mart representatives regarding this
Ordinance.
Motion was made by Councilman Velasco, seconded by Councilman
Valiquette and carried that the following items under the Consent Calendar be
approved, removing Item HI.D. Approval of the Farrell Avenue Park/School Site
sales agreement with Gilroy Unified School District and Item III.F. Resolution
regarding request for an extension ofTM 99-07 for Karen Christopher, 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:
8202
Minutes
Minutes of the Regular Council Meeting of February 17, 2004;
Accept.Impr.
Tract 9401
Accepted Improvements, Tract No. 9401, AP.N. 841-18-043,
841-18-044 & 841-10-049, Newman Development Group of Gilroy, LLC;
Res.2004-16
Adopted Resolution No. 2004-16 approving SPE 03-11, an application for a
Small Project Exemption from the Residential Development Ordinance, APN 799-
46-007, James Suner, applicant.
RESOLUTION NO. 2004-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SPE 03-11, AN APPLICATION FOR A SMALL PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE,
APN 799-46-007, JAMES SUNER, APPLICANT.
PASSED AND ADOPTED this 1st day of March, 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.
Councilman Gartman recused himself from discussion and vote on the
following item due to his employment with the Gilroy Unified School District,
stepped down from the dais, and left the room.
Farrell Avenue Motion was made by Councilman Valiquette, seconded by Councilman Dillon
Park/School and carried (Councilman Gartman absent) to approve the Farrell Avenue Park/
Site Sales School Site sales agreement with Gilroy Unified School District for 3.64 acres
Agreement adjacent to Antonio Del Buono School.
Councilman Gartman returned to his seat at the dais.
Karen Christopher stated that she was surprised regarding the discussion of the
vested TM extension. She asked that the extension be granted.
Res.2004-17 Motion was made by Councilman Morales, seconded by Councilman Correa
and carried (Councilman Gartman voting no) to adopt Resolution No. 2004-17
approving a one-year extension for TM 99-07, a Tentative Map to subdivide an
approximately 16.05-acre site into 12 single-family lots and one remainder lot for
open space dedication located at 1000 Mesa Road, APN 810-28-22, Karen
Christopher, applicant.
RESOLUTION NO. 2004-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A ONE-YEAR EXTENSION FOR TM 99-07, A TENTATIVE
MAP TO SUBDIVIDE AN APPROXIMATELY 16.05-ACRE SITE INTO 12
SINGLE-FAMILY LOTS AND ONE REMAINDER LOT FOR OPEN SPACE
DEDICATION LOCATED AT 1000 MESA ROAD, APN 810-28-22, KAREN
CHRISTOPHER, APPLICANT.
PASSED AND ADOPTED this 1st day of March, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: GARTMAN
ABSENT: COUNCILMEMBERS: NONE
Planning Com. Thomas Boe, Chairman of the Planning Commission, congratulated Paul
Report Correa and Russ Valiquette on their ascension to the Council and noted Tim Day,
Dion Bracco, and Ermelindo Puente who have joined the Planning Commission.
He noted the Planning Commission will be working on the implementation of the
General Plan which was adopted last year and the RDO exercise. He asked that
the Council and Commission stay the course, and not approve exceptions and
8203
changes to previously submitted plans. and only grant exemptions on an exception
basis.
Bid-SecureEye The City Administrator presented a recommendation to award the bid to
Systems, Inc. SecureEye Systems, Inc. for a Computer and Digital Video/Audio Solution for the
Video/Audio patrol fleet in the amount of $684,559.00 to include three years of hardware and
software maintenance.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to award the bid to SecureEye Systems, Inc. for a Computer and
Digital Video/Audio Solution for the patrol fleet in the amount of $684,559.00 to
include three years of hardware and software maintenance.
TM 02-11
The Mayor noted a resolution of the City Council of the City of Gilroy
approving TM 02-11, a Tentative Map to subdivide an approximately 19.2 a(~re
site into 59 single-family residential parcels, 2 tot lot parcels, 3 private streets, and
2 conservation easement parcels located at the intersection of Thomas Road, Mesa
Road, and Miller Avenue, APN 810-28-001, Mesa Ridge/Skip Spiering, applicant.
Jim Fletcher spoke regarding the setbacks for the subdivision. He requested
the setbacks be increased.
Skip Spiering stated that they have increased the setbacks on both the
Christopher and Chappell sides. He noted that the requirement is 15' and tht:y
have an average of26' for their setbacks.
Res.2004-18 Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilmembers Pinheiro and Velasco voting no) to adopt Resolution
No. 2004-18 approving TM 02-11, a Tentative Map to subdivide an approximately
19.2 acre site into 59 single-family residential parcels, 2 tot lot parcels, 3 private
streets, and 2 conservation easement parcels located at the intersection of Thomas
Road, Mesa Road, and Miller Avenue, APN 810-28-001, Mesa Ridge/Skip
Spiering, applicant.
RESOLUTION NO. 2004-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 02-11, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 19.2 ACRE SITE INTO 59 SINGLE-FAMILY
RESIDENTIAL PARCELS, 2 TOT LOT PARCELS, 3 PRIVATE STREETS,
AND 2 CONSERVATION EASEMENT PARCELS LOCATED AT THE
INTERSECTION OF THOMAS ROAD, MESA ROAD, AND MILLER
AVENUE, APN 810-28-001, MESA RIDGE/SKIP SPIERING, APPLICANT
PASSED AND ADOPTED this 1st day of March, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, and VALIQUETTE
NOES: COUNCILMEMBERS: PINHEIRO and VELASCO
ABSENT: COUNCILMEMBERS: NONE
A/S 03-36 The Mayor noted a resolution of the City Council of the City of Gilroy
approving A/S 03-36, an application for Architectural and Site approval of a
Planned Unit Development (PUD) for 59 Single-Family Residential parcels on
approximately 19.2 acres at the intersection of Thomas Road, Mesa Road, and
Miller Avenue, APN 810-28-001, Mesa Ridge/Skip Spiering, applicant.
Res.2004-19 Motion was made by Councilman Valiquette, seconded by Councilman
Gartman and carried (Councilmembers Pinheiro and Velasco voting no) to adopt
Resolution No. 2004-19 approving A/S 03-36, an application for Architectural and
Site approval of a Planned Unit Development (PUD) for 59 Single-Family
Residential parcels on approximately 19.2 acres at the intersection of Thomas
Road, Mesa Road, and Miller Avenue, APN 810-28-001, Mesa Ridge/Skip
Spiering, applicant.
8204
RESOLUTION NO. 2004-19
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 03-36, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR 59
SINGLE-FAMILY RESIDENTIAL PARCELS ON APPROXIMATELY 19.2
ACRES AT THE INTERSECTION OF THOMAS ROAD, MESA ROAD, AND
MILLER AVENUE, APN 810-28-001, MESA RIDGE/SKIP SPIERING,
APPLICANT.
PASSED AND ADOPTED this 1st day of March, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, and VALIQUETTE
NOES: COUNCILMEMBERS: PINHEIRO and VELASCO
ABSENT: COUNCILMEMBERS: NONE
Undergrounding The Mayor noted an Ordinance of the City Council of the City of Gilroy
Utilities repealing in its entirety Article V of Chapter 21 of the Gilroy City Code, and
replacing it with a new Article V, pertaining to requirements for undergrounding of
utilities.
The staff report was noted and further explained by the City Administrator and
the City Attorney.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to continue discussion on this item to April 5, 2004.
Youth Com.
The Mayor noted appointment of a Youth Commission member.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to appoint Anthony Dragotto to the Youth Commission, term to expire
8-31-05.
The following informational items were noted with no separate discussion on
same:
Customer Service:
Letter of thanks from Russell Hancock, Joint Venture: Silicon Valley Network,
to Melissa Durkin for her participation in the annual land use survey.
Informational items:
City of Gilroy Investment Report dated January 2004.
Ag.Task Force The reports of the Agricultural Mitigation Policy Task Force meetings of
1-28-04 January 28,2004 and February 11,2004 were noted.
2-11-04
A& C Com.
1-13-04
The minutes of the Arts and Culture Commission meeting of January 13, 2004
were noted.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of January 6,2004
1-6-04 were noted.
Library Com.
1-14-04
The minutes of the Library Commission meeting of January 14, 2004
were noted.
P&RCom.
1-20-04
The minutes of the Parks & Recreation Commission meeting of January 20,
2004 were noted.
Personnel Com. The minutes of the Personnel Commission meeting of December 8, 2003
12-8-03 were noted.
Sr.Adv.Bd.
1-12-04
Youth Com.
1-12-04
Self. Admin.
Taxes
8205
The minutes of the Gilroy Senior Advisory Board meeting of January 12, 2004
were noted.
The minutes of the Youth Commission meeting of January 12,2004 were
noted.
The City Administrator requested to set two meetings. He noted a letter from
Bonfante Gardens requesting exemption from the ROO ordinance for non-profits
for 99 units. Council agreed to set a Study Session on Monday, March 8, 2004
from 6:00 p.m. to 8:00 p.m. in the Council Chambers. Council also agreed to set a
workshop on the Comprehensive Fee Schedule for March 22,2004 at 6:00 p.m. in
the Council Chambers.
Councilman Dillon encouraged everyone to vote tomorrow.
Councilman Morales also requested everyone get out and vote.
Councilman Velasco stated that staff did a fabulous job on Uvas Creek Park
Preserve extension to the west from Laurel Drive.
Councilman Gartman stated that the City needs to start moving forward on
some time limits on SPEs and RDOs not under a time constraint. He asked for an
update on the possible lawsuit regarding suing the State to try to protect some of
our revenue. City Attorney Callon stated that the League is waiting until after
tomorrow's election, and she will have an update in two weeks.
Councilman Valiquette requested a discussion to direct the City Attorney to
do research concerning the self administration of sales taxes, property taxes, etc.
Council consensus was to have the City Attorney review case law on this
subject.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
MARCH 2004
1 Closed Session - Land Acquisition - 6:00 p.m., Gilroy City Council Chambers
1 Study Session - Fireworks Mitigation Strategy - 6: 15 p.m., City Council
Chambers
1 *Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
9 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
9 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior
Center
10 Ai 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 and Retreat - 7:30 a.m.-Noon, 1500 Southside Drive, Gilroy
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 SCRWA 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
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
27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
28 Ag Mitigation Task Force -7:00 p.m., Gilroy City Council Chambers
MAY 2004
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
18206
11 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior
Center
12 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
18 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
25 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
26 Ag Mitigation Task Force - 7:00 p.m., Gilroy Senior Center Main Hall
Adjournment At 8:47 p.m. the Mayor adjourned the meeting to the meeting of March 15,
2004.
Respectfully submitted,
'--;6,A/, ) .
, , I {I )LtC( 1'''- U{ / Lj,
/s/\ RHONDA PELLrN', CMC
City Clerk