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