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Minutes 2004/07/06 8266 Regular Meeting July 6, 2004 Gilroy, California The Mayor announced that the Council had adjourned from a closed session and that on a 7-0 vote, action was taken to dismiss the Chief Building Official. The Mayor also announced that Councilman Morales joined the closed session just after the roll call was taken. The Mayor noted that there will be no further public statements. The Mayor led the Pledge of Allegiance to the Flag. Invocation Pastor Mark Turner, South Valley Community Church, gave the Invocation. Posting The City Clerk noted that the agenda had been posted on June 30,2004 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 - 7:00 p.rn. New Employee The following new employee was introduced: Stephen Lau, Building Plan Check Engineer, Community Development Department. Employee Award The Mayor presented the Employee Award for the Month of June, 2004 to Regan Cole, Recreation Leader for Youth and Adult Sports, Community Services Department. Louis Vasquez The Mayor announced a Certificate of Recognition for Louis Vasquez for completion of his Eagle Scout service project, but the Mayor noted that Mr. Vasquez was not able to be present. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. The was no comment from anyone in the audience. Consent Calendar 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 Minutes of the Regular Council Meeting of June 21,2004; Res.2004-69 Adopted Resolution No. 2004-69 approving the applicant to apply grant funds for Roberti-Z'Berg-Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002; RESOLUTION NO. 2004-69 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICANT TO APPLY GRANT FUNDS FOR ROBERTI-Z'BERG- HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. PASSED AND ADOPTED this 6th day of July, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2004-70 Adopted Resolution No. 2004-70 approving the applicant to apply grant funds for the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of2002; 8267 RESOLUTION NO. 2004-70 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICANT TO APPLY GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. PASSED AND ADOPTED this 6th day of July, 2004, by the following vote~ AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Claim Denied claim of Esther Tamayo~ and Prop.Impr.Agr. Property Improvement Agreement No. 2004-06, Tract No. 9574, Dos Acres, No.2004-06 Walnut Park II, Warmington Walnut/Gilroy Associates, L.P., A California Limited Tract 9574 Partnership. The Parks and Recreation Commission report was cancelled. Pub.Hearing Weeds The Mayor stated it was the time and place scheduled for a Public Hearing on Report and Assessments for Weeds and Refuse Abatement. 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.2004-71 Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to adopt Resolution No. 2004-71 confirming the report of the Chief of the Fire Department setting forth the description of property, the owners thereof, and the cost of abating the nuisance caused by the growing of weeds and accumulation of refuse in the City of Gilroy, and providing that such cost shall constitute assessments against the respective owners ofland. RESOLUTION NO. 2004-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COST SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAND. PASSED AND ADOPTED this 6th day of July, 2004, by the following vote~ AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The following informational items were noted with no separate discussion on same: Customer Service: Telephone call of thanks from Jack Kazanjian for Jay Baksa, Sergeant Noel Provost, and Community Services Officer Gary Muraoka meeting with him and the Police Department for their fast action~ Email of great customer service from LeeAnn McPhillips who observed Scott Adams calming a frazzled mom and encouraging her young son during a swim class for youth~ 8268 P&RCom. 6-15-04 Remove Member SCRWA 5-11-04 Adjournment to Closed Session Email of thanks from Sue and Bob Baker to Sergeant Kurt Svardal and Corporal Wes Stanford for taking their Saturday morning to give the VIPs a Safe Driving class~ and Email of thanks from Sue Baker to Officer Diana Mora for a ride along. Informational items: Letter from Councilman Valiquette to Mayor Pinheiro resigning as Memorial Day Parade Chairperson~ and Letter from Elena Grover, Familias Pueden, regarding changes within their organization. The report of the Parks & Recreation Commission meeting ofJune 15, 2004 was noted. The Mayor noted a recommendation to remove a member from the Parks & Recreation Commission. Motion was made by Councilman Dillon, seconded by Councilman Valiquette and carried to remove Commissioner Armendariz from the Parks & Recreation Commission due to non-attendance, and to include the opening in the next recruitment/application period. The minutes of the South County Regional Wastewater Authority meeting of May 11, 2004 were noted. The City Administrator noted a meeting next Monday on the Nexus Study. He distributed the report for that meeting. Councilman Gartman noted a successful 4th of July, although he stated that some illegal fireworks were still out there. Councilman Dillon stated that he rode with the Fire Department on the 4th of July, and stated that generally Gilroy had a successful program. He thanked the City Administrator for Emailing early statistics from the 4th of July event to the Councilmembers. The Mayor thanked everyone who worked hard over the 4th of July. He distributed the new City pin to the Councilmembers, the City Administrator, and the City Attorney. He thanked the City Clerk for her assistance with this project. He stated that he attended a 4th of July celebration on an American base in his homeland. The Mayor stated that the first closed session had been cancelled. At 7: 19 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 Pursuant to Government Code Section 54956.9(a): Name of case: 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. Case # 104CVO 1911 0 At 7:29 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 Adjournment 8269 JULY 2004 6 Special Meeting - Closed Session - 5:00 p.m., Gilroy City Council Chambers 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 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 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 AUGU~T 2004 2 Youth Commission Interviews - 6:00 p.m., Gilroy City Council Chambers 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 (CANCELLED) 17 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center (CANCELLED) 24 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy SEPTEMBER 2004 7*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 13 Joint Workshop with the Planning Commission - Glen Lorna Ranch Specific :elim - 6:00 p.m., Gilroy City Council Chambers 14 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 14 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center 20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 21 Neighborhood District Task Fprce - 7:00 p.m., Gilroy Senior Center 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy At 7:30 p.m. the Mayor adjourned the meeting to the meeting of July 19, 2004. Respectfully submitted, }, 1{J}[e(,,--,, RHONDA PELLIN, CMC City Clerk ~.. '--- Isl