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Minutes 2004/07/19 8269 Present: CouncUmembers: Paul Correa, Robert 1. Dillon, Craig Gartman, Charles S. Morales, Russ Valiquette, Roland Velasco, and Al Pinheiro - 7:00 p.m. The City Clerk noted that the agenda had been posted on July 14,2004 at 11:10 a.m. Pastor Mark Milwee, First Baptist Church, gave the Invocation. The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting July 19, 2004 Gilroy, California Roll Call Posting Invocation 8270 Under Orders of the Day the Mayor noted that Consent Calendar Item lUX. had been settled and pulled from discussion and vote. New Employee The following new employee was introduced: Lydia Ramos, Accounting Assistant I, Administrative Services Department. Promoted Employees Mike Kahn Consent Calendar. Minutes Accept.Impr. Tract 9303 Uncollectable Accounts Res.2004-72 The following promoted employees were introduced: Jim Gillio, Corporal, Police Department~ Eric Tiner, Corporal, Police Department~ and Kurt Ashley, Sergeant, Police Department. Wes Stanford, Sergeant, Police Department was not present for introduction. The Mayor presented a Certificate of Recognition to Captain Mike Kahn. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Joan Spencer spoke on her concerns regarding fireworks and that zero tolerance did not work well. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried that the following items under the Consent Calendar be approved, removing Item III.K. Claim of Robert Alonzo, 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 July 6, 2004 ~ Accepted Improvements, Tract No. 9303, Villagio, Old Orchard Co., DBA Orchard Valley Communities; Write-OffUncollectable Utility Accounts; Adopted Resolution No. 2004-72 approving the application for grant funds for Gilroy Sports Park Community Center~ RESOLUTION NO. 2004-72 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICATION FOR GRANT FUNDS FOR GILROY SPORTS PARK COMMUNITY CENTER. PASSED AND ADOPTED this 19th day of July, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord.2004-11 Adopted Ordinance No. 2004-11 fixing amount of revenue from property taxes necessary to pay bonded or other indebtedness of the City of Gilroy or any portion or district of the City of Gilroy for the Fiscal Year 2004-2005~ ORDINANCE NO. 2004-11 ORDINANCE OF THE CITY OF GILROY FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO PAY BONDED OR OTHER INDEBTEDNESS OF THE CITY OF GILROY OR ANY PORTION OR DISTRICT OF THE CITY OF GILROY FOR THE FISCAL YEAR 2004-2005. PASSED AND ADOPTED this 19th day of July, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERS: NONE 8271 Ord.2004-12 Adopted Ordinance No. 2004-12 Fixing the Ad Valorem Assessment for the current fiscal year 2004-2005 necessary to pay bonded indebtedness of the City of Gilroy and the City of Gilroy Parking District No.1 - First Division~ ORDINANCE NO. 2004-12 ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT FOR THE CURRENT FISCAL YEAR 2004-2005 NECESSARY TO PAY BONDED INDEBTEDNESS OF THE CITY OF GILROY AND THE CITY OF GILROY PARKING DISTRICT NO. 1 - FIRST DIVISION. PASSED AND ADOPTED this 19th day of July, 2004, by the following vote; AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Prop.Impr.Agr. Property Improvement Agreement No. 2004-09, Tract No. 9600 - Hacienda No. 2004-09 Del Sol Phase II - Kern Avenue, Niles Development L.L.C.~ Tract 9600 Prop.Impr.Agr. Property Improvement Agreement No. 2004-08, Tract 9559, Deer Park No. 2004-08 Rancho Hills Phase II, Arcadia Development~ Tract 9559 Res.2004-73 Adopted Resolution No. 2004-73 authorizing the filing of an application for Federal Surface Transportation Program Funding for the Rossi Lane and Murray Avenue Rehabilitation Project and committing the necessary non-Federal match for the project(s) and stating the assurance of the City of Gilroy to complete the project~ RESOLUTION NO. 2004-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDING FOR THE ROSSI LANE AND MURRAY AVENUE REHABILITATION PROJECT AND COMMITTING THE NECESSARY NON-FEDERAL MATCH FOR THE PROJECT(S) AND STATING THE ASSURANCE OF THE CITY OF GILROY TO COMPLETE THE PROJECT. PASSED AND ADOPTED this 19th day of July, 2004, by the following vote~ AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILME~ERS: NONE Cost Sharing Agreement Cost Sharing Agreement between the City of Gilroy and the City of Morgan Hill for construction ofa new 33-inch sanitary sewer trunk main~ and Carnival Carnival by Butler Amusements, Inc. to be held October 28-31, 2004 in the parking lot at 6900 Chestnut Street, Gilroy. Claim The claim of Robert Alonzo was pulled from discussion and vote due to a prior settlement. Pub. Hearing Z 02-12 The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Zone Change request from Rl (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. The staff report was noted and further explained by Planner II Casper for Z 02- 12, TM 04-02, and A/S 02-33. The Mayor opened the Public Hearing. 8272 Scott Stotler, project designer, described the proposed project and the design standards. He stated that this should be considered a high-end townhouse project. He noted that there is three times the required yard area. He also noted the common area amenities. He stated that they have exceeded the number of required parking spaces. He asked that this project be allowed to go forward. Maureen Upton, Coldwell Banker, read and distributed an Email from a neighbor, Larry and Diane Petro at 9045 Kern Avenue, noting no concern with this project. The Mayor closed the Public Hearing. Ed Daou, builder, stated that they could achieve additional parking without losing lot #12. Motion was made by Councilman Morales, seconded by Councilman Correa and carried ( Councilmembers Valiquette and Pinheiro voting no) to direct staff to prepare an ordinance approving Z 02-12. Pub.Hearing TM 04-02 The Mayor stated it was the time and place scheduled for a continued 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 Rl (Single Family Residential), located at 9035 Kern Avenue. Riverbend, LLC, c/o Mike Dorn, applicant, TM 04- 02. Motion was made by Councilman Morales, seconded by Councilman Correa to direct staff to prepare a resolution approving TM 04-02, and the subsequent motion took precedence. Motion was made by Councilman Gartman, seconded by Councilman Velasco and carried to continue TM 04-02 to September 7, 2004. The Mayor deviated from the regular agenda to accommodate interested persons in the audience. NS 02-33 The Mayor noted an Architectural & Site Review-Planned Unit Development request for the construction of 12 detached patio homes and a common area on property zoned Rl (Single Family Residential), located at 9035 Kern Avenue. Riverbend, LLC, c/o Mike Dorn, applicant, NS 02-33. Motion was made by Councilman Valiquette, seconded by Councilman Correa and carried to continue NS 02-33 to September 7,2004. The Mayor returned to the regular order of the agenda. Pub. Hearing The Mayor stated it was the time and place scheduled for a Public Hearing on South County a request to amend the reimbursement provision of the Development Agreement Venture Dev. by and between the City of Gilroy and South County Venture regarding the Agreement development known as Country Estates. South County Venture, applicant. The staff report was noted and further explained by Senior Civil Engineer Abrams. The Mayor opened the Public Hearing. Gary Reese, trustee for the trust for the owner of Country Estates, spoke favorably regarding the amendment to the reimbursement provision of the Development Agreement. The Mayor closed the Public Hearing. Motion was made by Councilman Velasco, 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. Pub.Hearing TM 03-08 Pub. Hearing TM 04-04 ( Pub.Hearing Garbage Liens 8273 Motion was made by Councilman Velasco, seconded by Councilman Dillon and carried to introduce an Ordinance of the City Council of the City of Gilroy approving an amendmentto the reimbursement provision of the Development Agreement by and between the City of Gilroy and South County Venture regarding the development known as Country Estates. The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide 2.65i: acres into 12 single family residential lots, on property zoned R1 (Single Family Residential), located at Mesa Road, Miller Avenue and Thomas Road. Mesa Road! Amanda Wilson, applicant, TM 03- 08. The staff report was noted and further explained by Planner II Casper. The Mayor opened the Public Hearing. Amanda Wilson, representing the owner, stated that she was present to answer any questions. The Mayor closed the Public Hearing. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving TM 03-08. The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide 2.5i: acres into 12 single family lots, on property zoned R1 (Single Family Residential), located at 6555 Monterey Road. James Suner, applicant, TM 04-04. Councilman Dillon stated that staff checked on the proximity of his residence to this project, and determined that he is outside the 500' area, and stated that he will therefore discuss and vote on this issue. The staff report was noted and further explained by Planner II Casper. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving TM 04-04. The Mayor stated it was the time and place scheduled for a Public Hearing to consider placement of liens for non-payment of charges for the collection of garbage, rubbish and refuse in the City of Gilroy. The staff report was noted and further explained by Finance Director Murphy. She read correspondence from Vinay Nair who asked why the City could not disconnect the tenant's water service if they did not pay and also asked that an incentive reward be implemented for clean neighborhoods. The Mayor opened the Public Hearing. There being no comment, the Mayor closed the Public Hearing. Res.2004-74 Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to adopt Resolution No. 2004-74 regarding the imposition of a special assessment lien the costs of delinquent garbage collection services for certain properties located in Gilroy, California. RESOLUTION NO. 2004-74 A RESOLUTION OF THE CITY COUNCIL OF THE OF GILROY REGARDING THE IMPOSITION OF A SPECIAL ASSESSMENT LIEN THE COSTS OF DELINQUENT GARBAGE COLLECTION SERVICES FOR CERTAIN PROPERTIES LOCATED IN GILROY, CALIFORNIA. 8274 Mayor Protempore PASSED AND ADOPTED this 19th day of July, 2004, by the following vote~ AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The Mayor noted appointment of the Mayor Protempore from August 1, 2004 through March 31, 2005. Motion was made by Councilman Morales, seconded by Councilman Correa and carried to appoint Councilman Dillon as the Mayor Protempore from August 1,2004 through March 31,2005. Roberta Jones The Mayor noted a letter of resignation from Roberta Jones, Public Art Committee member, effective July 8,2004. Voting Delegate Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to accept the resignation with regrets. Motion was made by Councilman Dillon, seconded by Councilman Correa and carried to include this in the next recruitment/application period. The Mayor noted a request for designation of a voting delegate and alternate for the 2004 League Annual Conference. Motion was made by Councilman Dillon, seconded by Councilman Correa and carried to appoint Councilman Morales as the voting delegate and Councilman Gartman as the alternate voting delegate for the 2004 League Annual Conference. The following informational items were noted with no separate discussion on same: Legislation: Letter to Governor Schwarzenegger from Mayor Pinheiro thanking him for his continued leadership in securing adoption of the LOCAL government agreement~ Letters to Senator Vasconcellos, Senator McPherson, and Assemblymember Salinas from Mayor Pinheiro urging support for the LOCAL government agreement~ and Letter to Congressman Pombo from Mayor Pinheiro registering support for HR 4459, Uagas Reclamation Groundwater Remediation Initiative. Customer Service: Certificates of Appreciation to Gregg Polubinski and Dave Chulick for their participation and contribution in support of the Santa Clara County GIS Basemap Initiatives; Citation presenting the GOLD LIFE SA VING MEDAL to Scot Smithee on behalf of the Secretary of Homeland Security for unselfish actions and valiant servlce~ Email of thanks for great customer service by Marshall Silva for his response to an after-hours water problem~ Email of thanks from Chris Block to Melissa Durkin for being a panelist for the Best Practices Seminar during Affordable Housing Week; Letter to the Editor in the Gilroy Dispatch from Kristen Steed thanking the kind Gilroyans and paramedics who saved a difficult day for her and her family~ SCRWA 6-22-04 8275 Letter of information from Ron Miller, MADD, noting recognition for Geoff Cady during their annual Statewide Law Enforcement & Community Recognition Dinner~ and Letter of appreciation from Michael Brown, Chenega Technical Products, LLC, to Assistant Chief Brown and Corporal Callahan for use of the City of the Gilroy shooting range. Informational items: Letter from Peter Cartwright, CALPINE, noting their contributions and thanking the City of Gilroy for their support; Notice of application of change in electric rates for all customers classes No. 04-06-024 for Pacific Gas and Electric Company~ Gilroy Economic Development Corporation minutes of June 10, 2004~ Letter of appreciation from Robert 1. Connelly to Tim and John Filice allowing the Therapeutics Recreation Program to sell fireworks on their property~ Letter of disappointment from Robert 1. Connelly to Tyler Chan for notifying the Therapeutics Recreation Program, the day before they were to start selling fireworks from his property, to immediately vacate the premises; and Letter from Jennifer Cunningham, Charter Communications, to Jay Baksa informing the City of Gilroy of programming changes. The minutes of the South County Regional Wastewater Authority meeting of June 22, 2004 were noted. The City Administrator distributed copies of letters to be mailed to Maintenance District # 1 property owners regarding the new water rates. He noted the new water rates will be for the September usage and billed in October. He discussed the Countywide sales tax issue, noting it was the consensus by the City Managers and the Cities Association that there was not enough time to look at this for the November election, but will review it over the next year for a possible ballot measure. Councilman Morales stated that he met with Eagle Ridge homeowners and their public safety committee to explore recommendations for improvements in their future plans. He asked to be the City Council liaison to this committee. With concerns noted by Councilmembers, it was agreed that he would attend as a private citizen. Councilman Gartman noted the Garlic Festival coming up. He stated that hopefully there will be a large attendance. He wished everyone a safe Garlic Festival. The Mayor thanked Councilmembers Velasco, Valiquette, and Dillon for attending the Mayor's forum on Thursday regarding the downtown, and also thanked the citizens that attended. He thanked staff for their input and assistance. He asked citizens to contact him with any questions or concerns regarding the forum. He thanked Councilman Velasco for being Mayor Protempore for the last eight months and covering for him when he was unavailable. He noted the Garlic Festival this weekend and the amount of volunteers that show what Gilroy is all about. He wished the volunteers the best this weekend and thanked the Garlic Festival Association for their hard work and their contributions to the community and the non-profits. He asked the community to be patient with the traffic, noting that it is worthwhile. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 8276 JULY 2004 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 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED) AUGUST 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 (CANCELLED) 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) 31 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (moved from 8-24-04 ) 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 Plan - 6:00 p.m., Gilroy City Council Chambers (CANCELLED) 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 Force - 7:00 p.m., Gilroy Senior Center 28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 8:50 p.m. the Mayor adjourned the meeting to the meeting of August 2, 2004. Respect!lilly submitted, . A)/; , j) l~! .. fLrvutA.../~.( ~ ( 0-,: Isl RHONDA PELLIN, CMC City Clerk