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Minutes 2004/06/21 8258 Posting Roll Call Regular Meeting June 21, 2004 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The City Clerk noted that the agenda had been posted on June 16, 2004 at 5:10 p.m. Present: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland Velasco, and Al Pinheiro - 7:03 p.m. New Employee The following new employee was introduced: Stuart Jaquez, Police Officer Entry/Lateral, Police Department. Sportmart Rosemarie Berry FIRST 5 The Mayor noted a presentation by Sportmart to the City of Gilroy Youth Scholarship Program. The Mayor presented a certificate of appreciation to Rosemarie Berry upon her retirement from the Gilroy Library after 40 years of service. The Mayor noted a presentation by Fred Ferrar on FIRST 5. Proc.-American The Mayor noted a proclamation for American Flag Day - June 14,2004, Flag Day which was previously mailed to the recipient. Consent Calendar Minutes Budget Ord.2004-09 The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Chris Cote noted on Wednesday, June 23,2004 the Calstar Board meeting will be held at the Hilton Garden Inn. He gave information on Calstar. Motion was made by Councilman Dillon, seconded by Councilman Correa 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 June 7,2004; Budget Amendments/Transfers as recommended; Adopted Ordinance No. 2004-09 amending Chapter 6A of the City of Gilroy City Code by adding the title "Article I. Citation Procedure for Violations" to include existing Sections 6A 1 through 6A.l 0, and adding new articles entitled "Article II. Administrative Citations" and "Article III. Administrative Orders" to include new Sections 6A11 through 6A 42 to the City of Gilroy City Code establishing an Administration Citation and Administrative Remedies Process; ORDINANCE NO. 2004-09 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 6A10, AND ADDING NEW ARTICLES ENTITLED "ARTICLE II. ADMINISTRATIVE CITATIONS" AND "ARTICLE III. ADMINISTRATIVE ORDERS" TO INCLUDE NEW SECTIONS 6Al1 THROUGH 6A42 TO THE CITY OF GILROY CITY CODE ESTABLISHING AN ADMINISTRATION CITATION AND ADMINISTRATIVE REMEDIES PROCESS. PASSED AND ADOPTED this 21 st day of June, 2004, by the following vote; A YES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, 8259 MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res. 2004-60 Adopted Resolution No. 2004-60 approving ARE 04-02, an application for an Affordable Housing Project Exemption from the Residential Development Ordinance, APN 799-11-031, Lulevitt Financial Realty and Shirley Lulevitt, applicant; RESOLUTION NO. 2004-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ARE 04-02, AN APPLICATION FOR AN AFFORDABLE HOUSING PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 799-11-031, LULEVITT FINANCIAL REALTY AND SHIRLEY LULEVITT, APPLICANT. PASSED AND ADOPTED this 21 st day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Household Haz. Waste Approved the First Amendment to the Agency Agreement for Countywide Household Hazardous Waste Collection Program; Besson Approved the property sales agreement for 7301 Monterey Street, Gilroy, California (George Besson Jr. Trustee) APN 799-08-044; Prop.Impr.Agr. Property Improvement Agreement No. 2004-07, Tract No. 9573, Carriage No.2004-07 Park, Farrell Avenue, Castle Principals; Tract 9573 Prop.Impr.Agr. Property Improvement Agreement No. 2004-05, Tract Map No. 9546, and NO.2004-05 Improvement Plans, AP.N. 790-16-061, Hewell & Sheedy Construction; and Tract 9546 Res.2004-61 Adopted Resolution No. 2004-62 approving the permanent closure of the vehicular access to and from La Coche Way at Welbum Avenue and making findings therefor. RESOLUTION NO. 2004-61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE PERMANENT CLOSURE OF THE VEHICULAR ACCESS TO AND FROM LA COCHE WAY AT WELBURN A VENUE AND MAKING FINDINGS THEREFOR. PASSED AND ADOPTED this 21 st day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The Mayor recused himself from discussion and vote on the next issue due to business interests in the area, stepped down from the dais and left the room. Bid-Signal The City Administrator presented a recommendation to award the bid for the Modifications First and Church Street Signal Modifications Project No. 04-CDD-126, to Pacific Electric Company in the amount of$120,735.50. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilman Pinheiro absent) to award the bid for the First and Church Street Signal Modifications Project No. 04-CDD-126, to Pacific Electric Company in the amount of$120,735.50. 8260 Pub. Hearing Eminent Domain - Dong The Mayor returned to his seat at the dais. The Mayor stated it was the time and place scheduled for a continued 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 the City Administrator. The Mayor opened the Public Hearing. Al Gagliardi, Miller Avenue, noted that he is a friend of Mr. "Tommy" Dong. He noted that Mr. Dong feels that he has been slighted. He noted that Mr. Dong lives on this property. Miguel Mike Correa, Eagle Hills Way, noted the fair market value of this property was valued at $97,000. He questioned the comparables that were used in the appraisal. He noted that Mr. Dong's appraisal came out at $330,000. 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) to adopt Resolution No. 2004-62 determining that the public interest and necessity require the acquisition of a fee interest in the real property identified by APN 799-08-041, located at 7347 Monterey Street directing the filing of eminent domain proceedings. At 8: 13 p.m. the Mayor called a closed session on this issue. At 8:48 p.m. the Mayor reconvened the meeting and stated that there was no reportable action from the closed session. Motion was made by Councilman Gartman, seconded by Councilman Morales and carried to reconsider the previous action on the resolution. Res.2004-62 Motion was made by Councilman Velasco, seconded by Councilman Valiquette and carried to adopt Resolution No. 2004-62 determining that the public interest and necessity require the acquisition of a fee interest in the real property identified by APN 799-08-041, located at 7347 Monterey Street directing the filing of eminent domain proceedings. Pub. Hearing Financial Plan RESOLUTION NO. 2004-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A FEE INTEREST IN THE REAL PROPERTY IDENTIFIED BY APN 799-08-041, LOCATED AT 7347 MONTEREY STREET DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. PASSED AND ADOPTED this 21 st day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The Mayor stated that it was the time and place scheduled for a Public Hearing on the 2004-2009 Financial Plan of the City of Gilroy. The staff report was noted and further explained by the City Administrator. 8261 The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Res. 2004-63 Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to adopt Resolution No. 2004-63 adopting the budget for said City for Fiscal Year 2004-2005 and appropriating proposed expenditures for purposes set forth in the budget. RESOLUTION NO. 2004-63 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE BUDGET FOR SAID CITY FOR FISCAL YEAR 2004-2005 AND APPROPRIATING PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN THE BUDGET. PASSED AND ADOPTED this 21 st 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. 2004-64 Motion was made by Councilman Valiquette, seconded by Councilman Morales and carried to adopt Resolution No. 2004-64 adopting the appropriation limit for 2004.2005 Fiscal Year. (This was incorrectly stated to be Resolution No. 2004-63). RESOLUTION NO. 2004-64 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE APPROPRIATION LIMIT FOR 2004-2005 FISCAL YEAR. PASSED AND ADOPTED this 21st day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried to approve the 2004-2009 South County Regional Wastewater Authority (SCRW A) Financial Plan. Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried to approve the 2004 Capital Improvement Budget. Pub.Hearing The Mayor stated it was the time and place scheduled for a Public Hearing to consider revision and adjustment of rates and charges for municipal water service. 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. 2004-65 Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried to adopt Resolution No. 2004-65 establishing rates for water service. RESOLUTION NO. 2004-65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY EST ABLISHING RATES FOR WATER SERVICE. PASSED AND ADOPTED this 21 st day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 8262 Pub. Hearing Z 02-12 Pub. Hearing TM 04-02 Pub.Hearing Maintenance Dist. NO.1 The Mayor stated it was the time and place scheduled for a Public Hearing on a Zone Change request from R1 (Single Family Residential) to R3-PUD (Medium Density Residential-Planned Unit Development), located at 9035 Kern Avenue. Riverbend, LLC c/o Mike Dorn, applicant, Z 02-12. Motion was made by Councilman Gartman, seconded by Councilman Correa and carried to continue this item to the meeting of July 19, 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 1.25 acres into 12 single family lots, with 1 common area lot, on property zoned RI (Single Family Residential), located at 9035 Kern Avenue. Riverbend, LLC, c/o Mike Dorn, applicant, TM 04-02. Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried to continue this item to the meeting of July 19, 2004 due to continuance by the Planning Commission. The Mayor stated it was the time and place scheduled for a Public Hearing to determine whether Gilroy Maintenance Assessment District NO.1 is no longer required for the maintenance, operation and services for improvements such as streets, sewer systems, water systems and storm drain systems, and all appurtenant facilities related thereto for Gilroy Maintenance Assessment District NO.1. The District consists of all parcels in Tract Nos. 8136 and 9201 known as "Gilroy Country Club Estates"; Tract No. 8631 known as "The Forest"; Tracts 8711, 8853 & 8854 known as "Carriage Hills"; and Tracts 8962, 8963, 8964, 9087, 8965, 9155, 9156, 9157, 9286, 9287, 9302, 9365, 9300, 9301 and 9312 known as "Eagle Ridge". All parcels within the existing District receive benefit from the improvements and have been assessed each fiscal year (unless recently annexed). The staff report 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. 2004-66 Motion was made by Councilman Dillon, seconded by Councilman Gartman and carried to adopt Resolution No. 2004-66 ordering 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 Nos. 8711, 8853 & 8854 known as "Carriage Hills," and Tract Nos. 8962,8963,8964,8965,9087, 9155, 9156,9157,9286,9287,9300, 9301,9302, 9312 and 9365 known as "Eagle Ridge." RESOLUTION NO. 2004-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING 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 NOS. 8711, 8853 & 8854 KNOWN AS "CARRIAGE HILLS," AND TRACT NOS. 8962, 8963, 8964, 8965, 9087, 9155, 9156,9157,9286,9287,9300,9301,9302,9312 AND 9365 KNOWN AS "EAGLE RIDGE." PASSED AND ADOPTED this 21st day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord.2004-10 Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried (Councilman Velasco voting no) to adopt Ordinance No. 2004-10 to amend the City's Zoning Ordinance Section 40.20, pertaining to Permitted Uses for Home Occupations, Subsection (A) regarding employees, Mark Zappa, Z 04-03. 8263 ORDINANCE NO. 2004-10 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. PASSED AND ADOPTED this 21st day oflune, 2004, by the following vote; f-,. AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: VELASCO ABSENT: COUNCILMEMBERS: NONE The Mayor stated that he was recusing himself from discussion and vote on the next issue due to his business dealings with Mr. Bertolone, stepped down from the dais and left the room. Res. 2004-67 Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilman Pinheiro absent) to adopt Resolution No. 2004-67 approving and modifying ARE 04-01, an application for an Affordable Housing Project exemption from the Residential Development Ordinance, APNs 799-07- 059, 799-07-060 and 799-07-061, Mike Bertolone, applicant. RESOLUTION NO. 2004-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AND MODIFYING ARE 04-01, AN APPLICATION FOR AN AFFORDABLE HOUSING PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APNS 799-07-059, 799-07- 060 AND 799-07-061, MIKE BERTOLONE, APPLICANT PASSED AND ADOPTED this 21 st day of June, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO Mayor Pinheiro returned to his seat at the dais. Councilman Gartman recused himself from discussion and vote on the next issue due to his employment with the Gilroy Unified School District, stepped down from the dais and left the room. Res. 2004-68 Motion was made by Councilman Morales, seconded by Councilman Valiquette and carried (Councilman Gartman absent) to adopt Resolution No. 2004-68 approving SPE 04-05, an application for a Small Project Exemption from the Residential Development Ordinance, APN 790-08-016, Gilroy Unified School District, applicant. RESOLUTION NO. 2004-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SPE 04-05, AN APPLICATION FOR A SMALL PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 790-08-016, GILROY UNIFIED SCHOOL DISTRICT, APPLICANT. PASSED AND ADOPTED this 21 st day of June, 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. Phil Buchanan The Mayor noted a letter of resignation from Phil Buchanan, Parks and Recreation Commission member/ member of the BicycleIPedestrian Advisory Board, effective June 30,2004. 8264 A& C Com. 5-11-04 Motion was made by Councilman Valiquette, seconded by Councilman Morales and carried to accept the resignation with regrets. Motion was made by Councilman Valiquette, seconded by Councilman Morales and carried to include the recruitment in the next recruitment/application period. The following informational items were noted with no separate discussion on same: Legislation: Email of thanks from Mayor Pinheiro to Assemblymember Salinas for assistance with opposition to SB744. Customer Service: Letter of appreciation from Ted Fox, Saint Louise Regional Hospital, to Sgt. Gallacinao; Cpl. Kadluboski; and Officers Bozzo, Garcia, Gilllio and Quinones for assistance and response to a caIjacking; Letter of appreciation from Mario Rodriguez, Commission on POST, to Lynn Lawrence, Annette Romero, and Jennifer Silveira for assistance with a compliance inspection; Email of thanks from Eugene Fahey, Calpine, to Melissa Durkin for resolving issues with the Zero Liquid Discharge system; and Email of thanks from Rachel Munoz to Arlynn Bumanglag and Todd Barreras and his crew for assisting with the kick off celebration for National Neighborhood Works week. Informational items: City of Gilroy Investment Report dated May, 2004; Notice offiling of application: PG&E's 2005 Energy Resource Recovery Account (ERRA) and Ongoing Competition Transition Charge (CTC) revenue requirements; Gilroy Economic Development Corporation minutes of May 14, 2004; and Letter from William A. Headley, Jr. to Louis Vasquez thanking him for his Eagle Scout service project marking the Uvas Creek Park Preserve Class I bike trail from Santa Teresa Boulevard bridge downstream to the Luchessa Avenue bridge. The minutes of the Arts and Culture Commission meeting of May 11, 2004 were noted. Gang Task Force The minutes of the Gilroy Gang Task Force meeting of June 1,2004 were 6-1-04 noted. Library Com. 4-14-04 P&RCom. 5-18-04 The minutes of the Library Commission meeting of April 14, 2004 were noted. The minutes of the Parks & Recreation Commission meeting of May 18, 2004 were noted. Sr. Adv.Board The minutes ofthe Senior Advisory Board meeting of April 19, 2004 were 4-19-04 noted. 8265 Youth Com. 5-10-04 The minutes of the Youth Commission meeting of May 10, 2004 were noted. The City Administrator asked if all the Councilmembers had received the notes from the mini-retreat. He asked if they had any changes, to get them to him this week. He gave a briefing on the last six months of the Police Department investigating and purchasing taser guns. He stated that there was no increase to their budget, as they had saved money in other supply accounts. Councilman Gartman stated that he had participated in the American Cancer Society Relay for Life. He noted that the Fourth of July is coming up, and asked everyone to keep it safe and sane and fire free. The Mayor noted that he also had participated in the Relay for Life and attended the opening ceremonies. He distributed a letter from the City of Anaheim regarding City Clerk Pellin volunteering for the upcoming IIMC conference to be held in 2006. He noted the Sunrise Fire Station opening on Saturday. He reminded citizens of the Fourth of July, and that the flags are being put out on Monterey Street by the Boy Scouts eight times per year on specific dates. It was noted that the agendized closed session was not needed. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 JUNE 2004 21 Special Meeting - Closed Session - 5:00 p.m., Gilroy City Council Chambers 21 Study Session - Monterey Streetscape Alternative Design Options - 6: 15 p.m., Gilroy City Council Chambers 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 Study Session - Hecker Pass Specific Plan - 6:00 p.m., Gilroy City Council Chambers 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 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy 13 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 19 Study Session - South County Housing/Cannery Discussion - 6:00 p.m., Gilroy City Council 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 Youth Commission Interviews - 6:00 p.m., Gilroy City Council 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., City Council Chambers (CA;NCELLED) 17 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center (CANCELLED) 24 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 9:06 p.m. the Mayor adjourned the meeting to the meeting of July 6,2004. Respectfully submitted, ).- p . 7 ~~.,,:/i>JU/L~- {-CA_ /s/ RHONDA PELLIN, CMC City Clerk