Minutes 2004/06/07
8247
Regular Meeting
June 7, 2004
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Invocation Deacon John Evans, Bethany Community Church, gave the Invocation.
Posting The City Clerk noted that the agenda had been posted on June 3, 2004 at
11 :35 a.m.
Roll Call Present: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman,
Charles S. Morales, Russ Valiquette, Roland Velasco, and Al Pinheiro - 7:32 p.m.
Under Orders of the Day, the Mayor stated that the Council would be 1)
adding an emergency Item VIII.C. regarding adoption of a resolution for a grant
and 2) adding an item under presentations (Item 1.10.) by Lisa Jensema.
Acting City Attorney Faber noted that adding an emergency item would
require a 2/3s vote of the City Council, to determine that there is a need to take
immediate action and that the item was brought to the attention of the City after
the agenda was posted.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to add Item VIII.C. to the June 7, 2004 agenda regarding adoption of a
resolution releasing a grant award to the County of Santa Clara as part of a
Regional Juvenile Crime Enforcement Coalition (RJCEC), detennining that there is
a need to take immediate action and that the item was brought to the attention of
the City after the agenda was posted.
It was requested that the meeting be adjourned in memory of former President
Ronald Reagan, who passed away over the weekend.
Proc. -us Army The Mayor noted a proclamation for United States Army Week - June 14-18,
Week 2004, which was previously mailed to the recipient.
Proc.-National The Mayor presented a proclamation for National NeighborWorks Week-
Neighbor- June 5-12,2004 to Dennis Lalor.
Works Week
Proc.-Heroes
Day
The Mayor presented a proclamation for You Are The Heroes Day - June
19/20,2004 to Gabe Nino.
Proc.-Italian
Republic
The Mayor noted a proclamation for the 58th Anniversary of the Founding of
the Italian Republic - June 3,2004, which was previously presented to the
recipient.
Proc.- The Mayor noted a proclamation for Scleroderma Awareness Month - June,
Scleroderma 2004, which was previously mailed to the recipient.
Eagle Scouts
The Mayor presented certificates to Aaron and Andrew Cross of Gilroy, who
have each earned the Eagle Scout rank.
Employee
Award
The Mayor presented the Employee Award for the Month of May, 2004 to Ed
Bozzo, Captain, Fire Department.
Vol. Award
The Mayor presented the Volunteers of the Month of March, 2004 award to
the Museum Volunteers.
Vol. Award
The Mayor presented the Volunteer of the Month of April, 2004 award to
Nick Pennucci.
8248
AB 939 Goal Lisa Jensema presented a plaque from the California Integrated Waste
Management Board to the City of Gilroy for reaching the 50% diversion goal
defined in AB939.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Beverley Bryant, Home Builders Association of Northern California,
distributed information on inclusionary zoning.
Consent
Calendar
Motion was made by Councilman Dillon, 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
Minutes of the Regular Council Meeting of May 17, 2004;
Ord.2004-07
Adopted Ordinance No. 2004-07 approving an application for a change in
zoning designation from R2/R3/C3 (Two-Family ResidentiallMedium Density
Residential/Shopping Center Commercial) to R2/R3/C3-PUD (Two-Family
ResidentiallMedium Density Residential/Shopping Center Commercial - Planned
Unit Development) on approximately 14.47 acres located on the north side of
Cypress Court, west of Juniper Drive, APN s 808-01-012, 015 and 808-02-033,
Orchard Valley Communities, applicant, Z 03-14A;
ORDINANCE NO. 2004-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A CHANGE IN ZONING
DESIGNATION 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) ON APPROXIMATELY 14.47 ACRES LOCATED ON THE
NORTH SIDE OF CYPRESS COURT, WEST OF JUNIPER DRIVE, APNS
808-01-012,015 AND 808-02-033, ORCHARD VALLEY COMMUNITIES,
APPLICANT, Z 03-14A
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2004-47 Adopted Resolution No. 2004-47 supporting a joint League/CSAC policy
statement to decrease impacts on public health and safety resulting from wildland
urban interface fires;
RESOLUTION NO. 2004-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SUPPORTING A JOINT LEAGUE/CSAC POLICY STATEMENT TO
DECREASE IMP ACTS ON PUBLIC HEALTH AND SAFETY RESULTING
FROM WILDLAND URBAN INTERFACE FIRES.
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res. 2004-48 Adopted Resolution No. 2004-48 approving the easement proposal to the
California Department of Conservation's California Farmland Conservancy
Program for the Taylor Conservation Easement;
8249
RESOLUTION NO. 2004-48
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OF
SANTA CLARA COUNTY APPROVING THE EASEMENT PROPOSAL TO
THF CALTFORNTA DFPARTMFNT OF ('ONSFRV ATTON'S CALIFORNIA
FARMLAND CONSERVANCY PROGRAM FOR THE TAYLOR
CONSERVATION EASEMENT.
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2004-49 Adopted Re,solution No. 2004-49 establishing the July 1, 2004 and January 1,
2005 salary schedules for Exempt Personnel;
RESOLUTION NO. 2004-49
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ESTABLISHING THE JULY 1, 2004 AND JANUARY 1, 2005 SALARY
SCHEDULES FOR EXEMPT PERSONNEL.
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2004-50 Adopted Resolution 2004-50 approving the Employer Pickup Resolution pre-
tax payroll deduction plan for service credit purchases (Contribution Code 14);
RESOLUTION NO. 2004-50
EMPLOYER PICKUP RESOLUTION PRE-TAX PAYROLL DEDUCTION
PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14).
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2004-51 Adopted Resolution No. 2004-51 approving TM 03-04, a Tentative Map to
subdivide approximately 14.47 acres into 26 lots located on the north side of
Cypress Court west of Juniper Drive, APNs 808-01-012,015 and 808-02-033,
Orchard Valley CommunitieslBenassi Oaks, applicant;
RESOLUTION NO. 2004-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 03-04, A TENTATIVE MAP TO SUBDIVIDE
APPROXIMATELY 14.47 ACRES INTO 26 LOTS LOCATED ON THE
NORTH SIDE OF CYPRESS COURT WEST OF JUNIPER DRIVE, APNS 808-
01-012,015 AND 808-02-033, ORCHARD VALLEY
COMMUNITIESIBENASSI OAKS, APPLICANT.
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2004-52 Adopted Resolution No. 2004-52 modifying A/S 03-28, an application for
Architectural and Site approval of a Planned Unit Development (PUD) for a
mixed-use development, and approving 24 senior detached duet units located on
the north side of Cypress Court west of Juniper Drive, APNs 808-01-012,015 and
808-02-033, Orchard Valley CommunitieslBenassi Oaks, applicant;
8250
RESOLUTION NO. 2004-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
MODIFYING A/S 03-28, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A
MIXED-USE DEVELOPMENT, AND APPROVING 24 SENIOR DETACHED
DUET UNITS LOCATED ON THE NORTH SIDE OF CYPRESS COURT
WEST OF JUNIPER DRIVE, APNS 808-01-012, 015 AND 808-02-033,
ORCHARD V ALLEY COMMUNITIESIBENASSI OAKS, APPLICANT.
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2004-53 Adopted Resolution No. 2004-53 declaring its intention to order the
dissolution of Maintenance District No.1, which includes all parcels in Tract Nos.
8136 and 9201 known as "Gilroy Country Club Estates," Tract No. 8631 known
as "The Forest," Tract No. 8711 known as "Carriage Hills," and Tract Nos. 8962,
8963,8964,8965,9087,9155,9156,9157,9286 and 9312 known as "Eagle
Ridge. "
RESOLUTION NO. 2004-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY DECLARING ITS INTENTION TO ORDER THE
DISSOLUTION OF MAINTENANCE DISTRICT NO.1, WHICH
INCLUDES ALL PARCELS IN TRACT NOS. 8136 AND 9201
KNOWN AS "GILROY COUNTRY CLUB ESTATES," TRACT NO.
8631 KNOWN AS "THE FOREST," TRACT NO. 8711 KNOWN AS
"CARRIAGE HILLS," AND TRACT NOS. 8962, 8963, 8964, 8965,
9087, 9155, 9156, 9157, 9286 AND 9312 KNOWN AS "EAGLE
RIDGE."
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Arts & Culture Kermit DeLaurant, Arts & Culture Commission Chairperson, reported on the
Commission activities of the Commission. He thanked the Mayor and Councilmembers for their
Report support of the arts. He noted the "Art Seen" calendar/bulletins of upcoming arts
and cultural events. He stated that the Downtown Association has designated
$4,000 toward a downtown public art project. He noted the Chamber of
Commerce Awards Night where the first "Arts and Business Partnership Award"
was presented to Calpine. He noted the Art Ambassador program of guidelines
for volunteers to help with arts and culture in Gilroy. He noted the Young Artist
Show in March. Arline Silva introduced Judy Lazarus and Bruce Morasca and
noted two awards that were won in the Memorial Day Parade.
Bid-Police The City Administrator presented a recommendation to award the bid for the
Construction New Gilroy Police Construction Staging Area Improvements Project No.
Staging Area 04-CDD-132, to Ferma Corporation in the amount of$73,950.00.
Motion was made by Councilman Morales, seconded by Councilman Correa
and carried to award the bid for the New Gilroy Police Construction Staging Area
Improvements Project No. 04-CDD-132, to Ferma Corporation in the amount of
$73,950.00.
Bid-Consultants The City Administrator presented a recommendation to select consultants for
RFP No. 04-RFP-CDD-310IPlans Examining and Inspection Services as follows:
Plans Examining - CSG Consultants-Primary, Harris and Associates-Secondary;
Inspection Services - CSG Consultants-Primary, JAS Pacific-Secondary, Harris
and Associates-Backup; Other Services (Special Projects, Interim CBO) - Harris
8251
and Associates.
Motion was made by Councilman Valiquette, seconded by Councilman
Morales and carried to select consultants for RFP No. 04-RFP-CDD-3101PIans
Examining and Inspection Services as follows: Plans Examining - CSG
Consultants-Primary, Harris and Associates-Secondary; Inspection Services - CSG
Consultants-Primary, JAS Pacific-Secondary, Harris and Associates-Backup;
Other Services (Special Projects, Interim CBO) - Harris and Associates.
Pub. Hearing
NDFE
The Mayor stated it was the time and place scheduled for a Public Hearing to
consider adoption of the sixth amendment to the Countywide Non-Disposal
Facility Element (NOPE) to identify solid waste transfer stations, material recovery
facilities, yard waste compo sting facilities and landfills necessary to implement
local waste diversion goals.
The staffreport was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
Res. 2004-54 Motion was made by Councilman Dillon, seconded by Councilman Valiquette
and carried to adopt Resolution No. 2004-54 adopting the sixth amendment to the
Countywide Non-disposal Facility Element (NDFE). (This was incorrectly stated
to be Resolution No. 2004-53).
RESOLUTION NO. 2004-54
RESOLUTION ADOPTING THE SIXTH AMENDMENT TO THE
COUNTYWIDE NON-DISPOSAL FACILITY ELEMENT (NOFE).
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Pub. Hearing
Weeds
The Mayor stated it was the time and place scheduled for a Public Hearing to
consider annual destruction or removal of weeds and/or refuse constituting a
public nuisance in the City of Gilroy.
The City Administrator explained that this is the standard procedure for the
weed abatement procedure. He noted the revised attachment to the draft
resolution.
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
Res.2004-55 Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to adopt Resolution No. 2004-55 instructing the Fire Chief to abate the
nuisance arising out of weeds growing upon lots or in front of properties in the
City. (This was incorrectly stated to be Resolution No. 2004-54).
RESOLUTION NO. 2004-55
RESOLUTION INSTRUCTING THE FIRE CIHEF TO ABATE THE
NUISANCE ARISING OUT OF WEEDS GROWING UPON LOTS OR IN
FRONT OF PROPERTIES IN THE CITY.
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
8252
Pub. Hearing
Garbage
Rates
The Mayor stated it was the time and place for a Public Hearing to consider
revision and adjustments of charges for the collection of garbage, rubbish and
refuse in the City of Gilroy.
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing.
Phil Couchee, General Manager, South Valley Disposal, commented on the
Code Enforcement Officer position at the City of Morgan Hill. He noted that the
positions and consultants are funded by the franchise fees rather than South Valley
Refuse paying the fees.
The Mayor closed the Public Hearing.
Res.2004-56 Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Gartman voting no) to adopt Resolution No. 2004-56
setting maximum charges for the collection of garbage, rubbish, refuse and
recyclable materials. (This was incorrectly stated to be Resolution No. 2004-55).
Pub.Hearing
ARE 04-01
Pub. Hearing
ARE 04-02
RESOLUTION NO. 2004-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SETTING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE,
RUBBISH, REFUSE AND RECYCLABLE MATERIALS.
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: GARTMAN
ABSENT: COUNCILMEMBERS: NONE
The Mayor stated it was the time and place scheduled for a Public Hearing on
an Affordable Housing Exemption to allot 16 residential units on the 2nd and 3rd
floors of a new mixed use building, on property zoned C2-HN (Central District
Commercial-Historic Neighborhood), located at 7433 Monterey Street, Mike
Bertolone, applicant, ARE 04-01.
The Mayor stated that he was recusing himself from discussion and vote on
this issue due to his business dealings with Mr. Bertolone, stepped down from the
dais and left the room.
The staff report was noted and further explained by Planner II Polubinsky,
stating that one comment was received citing concerns regarding this project.
Mayor Protempore Velasco opened the Public Hearing.
Dave Peoples stated that he has a business at 55 West Fifth Street and is very
concerned about the density of this project with eight commercial businesses on
the first floor. He stated the need for parking area for these businesses. He asked
that the "walk-thru" be open as a true walkway through to Gourmet Alley.
Mayor Protempore Velasco closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Pinheiro absent) to direct staff to prepare a resolution
modifying ARE 04-01 to reduce the number of residential units from 16 to 12,
have fewer commercial businesses, and have entrance doors on the street frontage.
The Mayor returned to his seat at the dais.
The Mayor stated it was the time and place scheduled for a Public Hearing on
an Affordable Housing Exemption to allot 8 residential units in a new mixed use
building, on property zoned C2 (Central District Commercial), located at 7031
Monterey St., Lulevitt Financial Realty c/o Shirley Lulevitt, applicant, ARE 04-02.
8253
The staff report was noted and further explained by Planner II Polubinsky,
stating that one comment was received citing concerns regarding this project.
The Mayor opened the Public Hearing.
Edwardo Martinez, architect for the project, stated that this has been a great
partnership between the City and the owner. He stated that he admired the City
for their suggestions. He stated that this project will be a design award winner.
The Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to direct staff to prepare a resolution approving AHE 04-02.
Ord. 2004-08 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Gartman voting no) to adopt Ordinance No. 2004-08
approving an application for a change in zoning designation from C3-PUD/PO-
PUD/R-4 (Shopping Center Commercial- Planned Unit DevelopmentIProfessional
Office - Planned Unit Development/High Density Residential) to C3/P0/R3-PUD
(Shopping Center CommerciaI/Professional Office/Medium Density Residential -
Planned Unit Development) on approximately 13 acres located at the southeast
comer of Wren Avenue and First Street, APNs 808-12-011,026,027,028 and
808-08-011, Oak Commons/O'Brien Group, applicant, Z 03-14B.
ORDINANCE NO. 2004-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A CHANGE IN ZONING
DESIGNATION FROM C3-PUDIPO-PUD/R-4 (SHOPPING CENTER
COMMERCIAL - PLANNED UNIT DEVELOPMENTIPROFESSIONAL
OFFICE - PLANNED UNIT DEVELOPMENT/HIGH DENSITY
RESIDENTIAL) TO C3IP0/R3-PUD (SHOPPING CENTER COMMERCIAL!
PROFESSIONAL OFFICE/MEDIUM DENSITY RESIDENTIAL - PLANNED
UNIT DEVELOPMENT) ON APPROXIMATELY 13 ACRES LOCATED AT
THE SOUTHEAST CORNER OF WREN AVENUE AND FIRST STREET,
APNS 808-12-011, 026, 027, 028 AND 808-08-011, OAK COMMONS/
O'BRIEN GROUP, APPLICANT, Z 03-14B.
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: GARTMAN
ABSENT: COUNCILMEMBERS: NONE
Z 04-03
The Mayor noted an Ordinance of the City of Gilroy to amend the City's
Zoning Ordinance Section 40.20, pertaining to Permitted Uses for Home
Occupations, Subsection (A) regarding employees, Mark Zappa, applicant.
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 Dillon, seconded by Councilman Morales
and carried (Councilman Velasco voting no) to introduce an Ordinance of the City
Council of the City of Gilroy approving Z 04-03.
Res.2004-57 Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Gartman voting no) to adopt Resolution No. 2004-57
approving TM 03-05, a Tentative Map to subdivide an approximately 13 acre site
into 137 residential lots, a private park site and private streets at the southeast
comer of Wren Avenue and First Street, APNs 808-12-011, 026,' 027,028 and
808-08-11, Oak Commons/O'Brien Group, applicant. (This was incorrectly stated
to be Resolution No. 2004-56).
8254
RESOLUTION NO. 2004-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 03-05, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 13 ACRE SITE INTO 137 RESIDENTIAL LOTS, A
PRIVATE PARK SITE AND PRIVATE STREETS AT THE SOUTHEAST
CORNER OF WREN AVENUE AND FIRST STREET, APNS 808-12-011, 026,
027,028 AND 808-08-11, OAK COMMONS/O'BRIEN GROUP, APPLICANT.
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: GARTMAN
ABSENT: COUNCILMEMBERS: NONE
Res. 2004-59 Motion was made by Councilman Morales, seconded by Councilman
Valiquette and carried (Councilman Gartman voting no) to adopt Resolution No.
2004-59 approving A/S 03-30, an application for Architectural and Site approval
ofa Planned Unit Development (PUD) for a 137-home residential subdivision on
approximately 13 acres at the southeast corner of Wren Avenue and First Street,
APNs 808-12-011,026,027,028 and 808-08-11, Oak Commons/O'Brien Group,
applicant. (This was incorrectly stated to be Resolution No. 2004-57).
RESOLUTION NO. 2004-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 03-30, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A
137-HOME RESIDENTIAL SUBDIVISION ON APPROXIMATELY 13
ACRES AT THE SOUTHEAST CORNER OF WREN AVENUE AND FIRST
STREET, APNS 808-12-011, 026, 027, 028 AND 808-08-11, OAK
COMMONS/O'BRIEN GROUP, APPLICANT.
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: GARTMAN
ABSENT: COUNCILMEMBERS: NONE
SPE 04-05 The Mayor noted a Small Project Exemption request to allot 9 single family
residential units on 2.46 acres on property zoned R1 (Single Family Residential),
located at the intersection of Vickery and Wren Avenues, Gilroy Unified School
District, Charles Van Meter, applicant, SPE 04-05.
Councilman Gartman recused himself from discussion and vote on this issue
due to his employment with the Gilroy Unified School District, stepped down from
the dais and left the room.
The staff report was noted and further explained by Planner II Polubinski.
Motion was made by Councilman Morales, seconded by Councilman
Valiquette and carried (Councilman Gartman absent) to direct staff to prepare a
resolution approving SPE 04-05.
Councilman Gartman returned to his seat at the dais.
Citation
Procedure
The Mayor noted an Ordinance amending Chapter 6A of the City of Gilroy
City Code by adding the title "Article I. Citation Procedure for Violations" to
include existing Sections 6A1 through 6A1 0, and adding new articles entitled
"Article II. Administrative Citations" and "Article III. Administrative Orders" to
include new Sections 6A11 through 6A42 to the City of Gilroy City Code
establishing an Administration Citation and Administrative Remedies Process.
The staff report was noted and further explained by the City Administrator.
8255
Motion was made by Councilman Correa, seconded by Councilman Dillon 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 Morales, seconded by Councilman Correa
and carried to introduce an Ordinance of the City Council of the City of Gilroy
establishing an Administrative Citation and Administrative Remedies Process.
The following item was added as an emergency item at the beginning of the
meeting.
Res. 2004-58 Motion was made by Councilman Morales, seconded by Councilman Correa
and carried to adopt Resolution No. 2004-58 releasing a grant award to the
County of Santa Clara as part of a Regional Juvenile Crime Enforcement Coalition
(RJCEC).
RESOLUTION NO. 2004-58
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
RELEASING A GRANT AWARD TO THE COUNTY OF SANTA CLARA AS
PART OF A REGIONAL JUVENILE CRIME ENFORCEMENT COALITION
(RJCEC).
PASSED AND ADOPTED this 7th day of June, 2004, by the following vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Agricultural
Mitigation
Requirements
Exemptions
The Mayor noted a discussion regarding exemptions from the Agricultural
Mitigation requirements.
The City Administrator explained the request and recommendations.
Motion was made by Councilman Dillon, seconded by Councilman Valiquette
and carried to take no action at this time.
The following infonnational items were noted with no separate discussion on
same:
Legislation:
Letter from Assemblymember Salinas regarding the City's opposition to AB
2702 regarding second units; and
Letter to Assemblymember Simon Salinas noting the City of Gilroy opposition
to SB 744 regarding the HCD State Housing Accountability Committee.
Customer Service:
Email of thanks from Amy Rithcardson regarding the great field trip her
daughter experienced at Christmas Hill Park;
Note of thanks from Tim & Irene Day to Chief Giusiana for the
professionalism of Gilroy Police Department's handling during the lock-down at
Gilroy High School;
Letter of thanks from Sandy Singleton to Sgt. Chad Gallacinao, Officer Jason
Hogue, Officer Jesus Contreras and Chaplain MacPhail for their compassion
during a call;
Letter of thanks from John Perales, Principal, Mt. Madonna Continuation High
School, to Geralyn Fortino, Gayle Glines, John Garcia, Anita Ritt, and Tony
Warner for their efforts in supporting the students and staff ofMt. Madonna
Continuation High School;
8256
A& C Com.
04-13-04
Note of thanks from Olga Galletto to Al Signorotti and office staff for assisting
her in the 50/50 sidewalk program; and
Email of thanks from Tina Kekaha to Kelly Felice and Rosanna Pellin for
covering the Community Services Department phones and counter for them so that
they could attend a special departmental function.
Informational items:
City of Gilroy Investment Report dated April, 2004;
Letter of thanks from John Garcia to Donna Pray, Gilroy Foundation, for the
donation to the Youth Recreation Scholarship program; and
Notice of filing of applications for increase in electric revenues: Cost of Capital
(COC) and 2003 Annual Earnings Assessment (AEAP) Proceedings for Pacific
Gas & Electric Company (PG&E).
The minutes of the Arts and Culture Commission meeting of April 13, 2004
were noted.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of April 6, 2004 were
04-06-04 noted.
Library Com.
04-14-04
P&RCom.
04-20-04
Youth Com.
04-12-04
The minutes of the Library Commission meeting of April 14, 2004 were
noted.
The minutes of the Parks & Recreation Commission meeting of April 20, 2004
were noted.
The minutes of the Youth Commission meeting of April 12, 2004 were noted. '
The City Administrator distributed a memo from the City Attorney for next
Monday's meeting on the Downtown Business Improvement District. He stated
that the City performs a periodic review of the Public Building Bond, stated that it
is earning interest, and noted that the accumulated interest is almost $250,000. He
distributed the agenda for Friday's retreat at the corporation yard.
Councilman Velasco thanked Councilmembers Dillon, Gartman and Valiquette
for the quality Memorial Day parade.
Councilman Gartman thanked all the volunteers, including Councilmembers
Valiquette, Dillon, and Velasco who helped with the Memorial Day parade, and
also the participants. He also thanked the sponsors for that day and the spectators
who enjoyed it.
Councilman Morales echoed all that has been said regarding the Memorial Day
celebration and the patriotism our community has.
Councilman Dillon stated that he was delighted to see that we have projects
downtown and that they were approved. He noted that former President Ronald
Reagan passed away last weekend at age 93 of Alzheimer's disease.
The Mayor thanked the committee and volunteers for their work on the
Memorial Day celebration. He stated that he was proud to be the Mayor of this
City and to see all the hard work done for this event. He noted the Council mini-
retreat at the corporation yard and stated that he was glad that the employees have
this new facility. He stated that he has signed up for the League conference.
Councilmembers Gartman, Morales, and Valiquette stated that they would like to
attend.
Adjournment
to Closed
Session
8257
At 9:25 p.m. the Mayor adjourned the meeting to a closed session pursuant to
Government Code Section 54956.9(a):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Case #104CV019165 - Verified Petition for Writ of Mandate and Complaint for
Declaratory and Injunctive Relief - Norma Fonseca, Veronica Mashburn, and
Terry Wilson v. City of Gilroy, a municipal corporation; City Council of Gilroy;
and Does 1-10 Case # 1 04CVO 1911 0 - Verified Petition for Writ of Mandate and
Ancillary Relief - Gilroy Citizens for Responsible Planning, a not-for-profit public
benefit association; Steve Jones, Carmen Soto, and Lenny Ortega vs. City of
Gilroy, WalMart Stores, Inc., Newman Development Group LLC, Does 1-10
inclusive
At 9:35 p.m. the Mayor reconvened the meeting and announced that no action
had been taken in the Closed Session.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
JUNE 2004
7 Special Meeting - Closed Session - 5:30 p.m., Gilroy City Council Chambers
7 Study Session - High Speed Rail- 6: 15 p.m., Gilroy City Council Chambers
7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
8 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior
Center
11 Council Mini-Retreat - 8:00 a.m., Corporation Yard, 613 Old Gilroy Street,
Gilroy
14 Workshop - Downtown Task Force - 6:00p.m., Gilroy City Council
Chambers
15 Neighborhood District Task Force -7:00 p.m., Gilroy Senior Center
21 *Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
22 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
JULY 2004
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
12 Study Session - Review of the Nexus Study-6:00 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
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
27 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
AUGUST 2004
2*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
10 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
10 Downtown Specific Plan Task Force Meeting - 6:00 p.m. (CANCELLED)
16*Regular City Council Meeting -7:00 p.m. (CANCELLED)
17 Neighborhood District Task Force - 7:00 p.m. (CANCELLED)
24 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment At 9:36 p.m. the Mayor adjourned the meeting in memory offormer President
Ronald Reagan to the meeting of June 21, 2004.
"R~: m~nUtt~/
--:-{~/t./ J~ i 1,'{.L~/t- /\..
/s/ . RHONDA PELLIN, CMC
City Clerk