Minutes 2004/09/07
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Invocation.
Posting
Roll Call
Youth Com.
Introductions
Regular Meeting
September 7, 2004
Gilroy, California
The Mayor announced that the Council had adjourned from a Closed Session
regarding Conference with Legal Counsel-Existing Litigation, pursuant to
Goverhment Code Section 54956.9(a) and that no action had been taken.
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Bruce Rowlison, Gilroy Presbyterian Church, gave the Invocation.
The City Clerk noted that the agenda had been posted on September 1, 2004 at
4:44 p.m.
Present: Councilmembers: Paul Correa, Robert 1. Dillon, Craig Gartman,
Charles S. Morales, Russ Valiquette, Roland Velasco, and Al Pinheiro - 7:00 p.m.
The following new Youth Commission Members were introduced and sworn
into office: Rachel Tenney Aptenar, Graydon Carr-Ramos (not present), Carly
Kennedy (not present), Casandra Mane, Stephanie Orth (not present), and Tania
Reynolds.
Retired Youth The following retired Youth Commission members were presented certificates
Commis- for their service: Ty Ashford (not present), Lauren Bevilacqua (not present), Allan
stOners Chan, Jennifer Clet, Marliz Copado (not present), and Terence Hofstad (not
present).
Proc. -Gilroy
Elks Day
Brian Stelling
Employee
Award
Volunteer
Award
Volunteer
Award
Consent
Calendar
Minutes
Ord.2004-14
The Mayor noted a proclamation for Gilroy Elks Day - August 18, 2004,
which was previously presented to the recipient.
The Mayor presented a Certification of Recognition to Brian Stelling.
The Mayor presented the Employee Award for the Month of August, 2004 to
Kevin Wallace, Lifeguard, Community Services Department.
The Mayor presented the Volunteers of the Month of June, 2004 award to
Laurie Goldsmith, Jason Baudreault, and Aaron Mashburn (not present).
The Mayor presented the Volunteers of the Month of July, 2004 award to Lou
& Holly Fargher, Dia & Michael Hoshida, Tina & CliffMcMahel, and Linda
Myers.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Carl Vincent Shook-Brennan discussed the citation procedures for violations
under the City Code, noting that there is no authority to do this.
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 of the Regular Council Meeting of August 2, 2004~
Adopted Ordinance No. 2004-14 amending Gilroy City Code Section 7.4.1,
eliminating certain charges to development projects in the C-2 Central Business
District zone, to also eliminate such charges along a certain portion ofEigleberry
Street~
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ORDINANCE NO. 2004-14
AN ORDINANCE OF THE CITY OF GILROY AMENDING GILROY CITY
CODE SECTION 7.4.1, ELIMINATING CERTAIN CHARGES TO
DEVELOPMENT PROJECTS IN THE C-2 CENTRAL BUSINESS DISTRICT
ZONE, TO ALSO ELIMINATE SUCH CHARGES ALONG A CERTAIN
PORTION OF EIGLEBERRY STREET.
PASSED AND ADOPTED this 7th day of September,2004, by the following vote~
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS: NONE
Ord.2004-15 Adopted Ordinance No. 2004-15 amending Chapter 16 of the City Code
entitled "Offenses-Miscellaneous" by adding a new Section 16.38 regarding the
hours of construction~
ORDINANCE NO. 2004-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING CHAPTER 16 OF THE CITY CODE ENTITLED "OFFENSES-
MISCELLANEOUS" BY ADDING A NEW SECTION 16.38 REGARDING
THE HOURS OF CONSTRUCTION
PASSED AND ADOPTED this 7th day of September,2004, by the following vote~
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS: NONE
Budget
Budget Amendments/Transfers as recommended;
Economic
Incentive
Policy
Approved revisions to the Economic Incentive Policy to provide incentives
based on job offset to multi-tenant/owner of Industrial or Research and
Development projects~
Res.2004-78
Adopted Resolution No. 2004-78 initiating proceedings and setting a Public
Hearing regarding vacation of a Public Trail Easement~
RESOLUTION NO. 2004-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING
REGARDING VACATION OF A PUBLIC TRAIL EASEMENT.
PASSED AND ADOPTED this 7th day of September,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. 2004-15, Tract No. 9584, Eagle Ridge
NO.2004-15 - The Highlands, Santa Teresa Properties, LLC. (Copies)
Tract 9584
Planning Com. Tom Boe, Chairman, gave an update on the activities of the Planning
Report Commission. He thanked Bill Faus and his staff for their support. He noted the
Hecker Pass Specific Plan, Glen Lorna Development, and the Downtown and
Neighborhood District Task Forces are key elements for the vision of Gilroy. He
noted parking and lot size are issues to be discussed at the upcoming mini-retreat
with the Council.
Re-Bid - New The City Administrator presented a recommendation to award the bid on the
Parks re-bid of the New Gilroy Park Improvements 2004 (Los Arroyos, Carriage Hills,
and Sunrise Parks), Project No. 04-CDD-104, to McGuire and Hester in the
amount of $3,636,000.00.
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Pub. Hearing
TM 04-02
NS 02-33
Pub. Hearing
TM 04-06
Pub.Hearing
TM 04-05
Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried to award the bid on the re-bid of the New Gilroy Park Improvements
2004 (Los Arroyos, Carriage Hills, and Sunrise Parks), Project No. 04-CDD-I04,
to McGuire and Hester in the amount of $3,636,000.00.
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.
The staff report was noted and further explained by Planner II Casper for TM
04-02 and NS 02-33.
The Mayor opened the Public Hearing.
Scott Stotler, project designer, stated that the project is better now, with the
modifications proposed. He stated that there are an additional six parking spaces,
with the buildings clustered in the project. He stated that there are now 17 parking
spaces, which is 13 more than required by ordinance.
The Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried to direct staff to prepare a resolution approving TM 04-02.
The Mayor deviated from the regular agenda to accommodate interested
persons in the audience.
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 Correa, seconded by Councilman Morales
and carried to direct staff to prepare a resolution approving NS 02-33, with the
additional condition that the parking stalls be numbered with unit #s.
The Mayor returned to the regular order of the agenda.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to subdivide an existing industrial building into two units,
on property zoned M2 (General Industrial), located at 5900 Obata Way.
Sterigenics International, applicant, TM 04-06.
The staff report was noted and further explained by Planner II Polubinsky.
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 04-06.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to subdivide 3! acres into 12 single family residential
hillside lots on property zoned RH-PUD (Residential Hillside-Planned Unit
Development), located between Santa Teresa Boulevard and Eagle Ridge Drive.
Glen Lorna Group c/o Tim Filice, applicant, TM 04-05.
The staff report was noted and further explained by Planning Division Manager
Faus.
The Mayor opened the Public Hearing.
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Brian Donohoe noted that Eagle Ridge has received a variety of approvals over
the years. He stated that he was present to answer any questions.
The Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman
Valiquette and carried to direct staff to prepare a resolution approving TM 04-05.
Pub. Hearing
Oyao
The Mayor stated it was the time and place scheduled for a 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 799-08-045 and 046, property
located at 57 and 67 W. Seventh Street between Eigleberry and Monterey Streets
owned by Baleriana Oyao.
Motion was made by Councilman Valiquette, seconded by Councilman Dillon
and carried to continue this to September 20, 2004 for additional staff
documentation.
Pub.Hearing
Gera
The Mayor stated it was the time and place scheduled for a 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 799-08-039, 040, 047, 048, 049,
050,051 and 060, property located at 7310, 7320, 7330, 7350 and 7360
Eigleberry Street between 6th and 7th Streets owned by Marko & Klara Gera.
Motion was made by Councilman Valiquette, seconded by Councilman Dillon
and carried to continue this to September 20,2004 for additional staff
documentation.
Pub.Hearing The Mayor stated it was the time and place scheduled for a Public Hearing to
Public Health consider the required Public Health Goal Report regarding the City of Gilroy water
Goal Report utilities.
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.
There was no action required to be made by the City Council.
Ord.2004-16 Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to adopt Ordinance No. 2004-16 approving an application for a change
in zoning designation from Rl (Single Family Residential) to R3-PUD (Medium
Density Residential- Planned Unit Development) on approximately 1.25 acres at
9035 Kern Avenue, APN 790-04-081, Riverbend, LLC, c/o Michael Dorn,
applicant, Z 02-12.
ORDINANCE NO. 2004-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A CHANGE IN ZONING
DESIGNATION FROM RI (SINGLE FAMILY RESIDENTIAL) TO R3-PUD
(MEDIUM DENSITY RESIDENTIAL - PLANNED UNIT DEVELOPMENT)
ON APPROXIMATELY 1.25 ACRES AT 9035 KERN AVENUE, APN 790-04-
081, RIVERBEND, LLC, C/O MICHAEL DORN, APPLICANT, Z 02-12.
PASSED AND ADOPTED this 7th day of September,2004, by the following vote~
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
8288
Councilman Valiquette recused himself from discussion and vote on the next
item, due to his employment at Bonfante Gardens, stepped down from the dais,
and left the room.
Res.2004- 79 Motion was made by Councilman Morales, seconded by Councilman Correa
and carried (Councilman Valiquette absent) to adopt Resolution No. 2004-79
approving RDO request 04-01 for 99 residential dwelling units, an application for
a special exception to the Residential Development Ordinance for a non-profit
organization under special circumstances, APN 810-20-016, Bonfante Gardens
Family Theme Park, applicant, RD 04-01.
RESOLUTION NO. 2004-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING RDO REQUEST 04-01 FOR 99 RESIDENTIAL DWELLING
UNITS, AN APPLICATION FOR A SPECIAL EXCEPTION TO THE
RESIDENTIAL DEVELOPMENT ORDINANCE FOR A NON-PROFIT
ORGANIZATION UNDER SPECIAL CIRCUMSTANCES, APN 810-20-016,
BONF ANTE GARDENS FAMILY THEME PARK, APPLICANT, RD 04-01.
PASSED AND ADOPTED this 7th day of September,2004, by the following vote~
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VALIQUETTE
Councilman Valiquette returned to his seat at the dais.
VT A Bus
Schedule
The Mayor noted a request by Mark van Wyk for an additional VT A bus run
through the Sunrise & Santa Teresa neighborhood on weekday mornings.
Jay gave staff report, noting that previously there was a number of residents
that did not want additional bus service in this area.
Mark Van Wyk explained his request for at least one additional VT A bus run
in the morning and the evening so that citizens can ride CalTrain to work.
Consensus of the Council was to send a letter to VT A requesting at least one
additional bus run through the Sunrise & Santa Teresa neighborhood on weekday
mornings and evenings to coordinate timing with the transit station schedule.
The following informational items were noted with no separate discussion on
same:
Legislation:
Letters from Mayor Pinheiro to Senator John Vasconcellos, Senator Bruce
McPherson, and Assemblymember Simon Salinas requesting support for SCA 4
and SB 1096 which would implement the historic Local Government Agreement
relating to local government protections.
Customer Service:
Email of thanks from Malcolm 1. Carruthers, RHL Design Group, Inc., to
Cydney Casper for assistance with resolution of some problems with an application
Process;
Email of appreciation by Robert Moulden, Arborist, Town of Los Gatos, to
Jane Alexander for her excellent customer service~
Email of thanks by Jorge M. Duran, RIA, to Kristi Abrams and Rosanna Pellin
for their excellent customer service~
Letter of appreciation from Marilyn Rossen, to Reserve Officer B. Charnota
for his assistance during the Garlic F estival~
A & C Com
6-8-04
Library Com.
6-9-04
P&RCom.
6-15-04
Sr. Adv.Bd.
7-19-04
Youth Com.
6-14-04
7-12-04
SCRWA
7-13-04
8289
Letter of thanks from Hoot Meredith, Orchard Supply Hardware, to Sergeant
Sheedy and Officers Bozzo, Terasaki, Hathaway, and Aceves for their assistance in
apprehending a thief~
Email of thanks from Mike Dorn to Manny Reyes and Todd Barreras for
assistance provided to the Fire Department in putting out a fire~
Email of thanks from Marilyn Guerin to Joe Kline for copying some storm
drain videotapes for a bid project~
Email of thanks from Raymond Chin to Frank Comin, Ruby Diaz, George
Ocampo, Steve Eddlemon, Marshall Silva, Jeff Castro, Randy Newell, Rick
Brandini, Bob Bozzo, Lisa Jensema, and Bill Headley for assistance in moving
items from San Y sidro School to the TEEC building~
Letter to the Editor of the Gilroy Dispatch dated August 21, 2004 from Trevis
and Bert Berry thanking the Gilroy Fire Department for their quick response and
expert skills at containing the fire~
Memorandum from Chief Giusiana to All Gilroy Police Department Employees
thanking them for all their hard work and dedication, not only over the Garlic
Festival weekend, but throughout the entire year~
Memorandum from Chief Giusiana to Sergeants Sheedy and Castaneda for the
excellent job they did as Garlic Festival Field Commanders~
Email ofappreciationfromJohnPerales.Principal.Mt. Madonna High School,
to Gayle Glines, Geralyn Fortino and others for the hard work and partnership they
have working with the students~ and
Letter from Cathy Mirelez to Dr. Paul deAyora, Principal, and Greg Kapaku,
Vice-Principal, South Valley Middle School, for the warm hospitality and
courteous manner extended to the City for the summer theater production.
Informational items:
Letter from Russell Hancock, Joint Venture: Silicon Valley Network gratefully
acknowledging the City of Gilroy's contribution of $2,500 for fiscal year 2004-
2005~and
Gilroy Economic Development Corporation minutes of July 9, 2004. (Copies)
The minutes of the Arts and Culture Commission meeting of June 8, 2004
were noted.
The minutes of the Library Commission meeting of June 9,2004 were noted.
The minutes of the Parks & Recreation Commission meeting of June 15,2004
were noted.
The minutes of the Senior Advisory Board meeting of July 19, 2004 were
noted.
The minutes of the Gilroy Youth Commission meetings of June 14, 2004 and
July 12, 2004 were noted.
The minutes of the South County Regional Wastewater Authority meeting of
July 13,2004 were noted.
The City Administrator noted the joint City Council/Planning Commission
mini-retreat scheduled for October 11, 2004, and asked the Council to submit
topics. He also requested topics for the City Council mini-retreat scheduled for
8290
October 8, 2004 and the City CouncillPolice Department/Fire Department retreat
scheduled for November 19, 2004. He stated that the annual Council retreat will
be held on January 14/15,2005 (all day Friday and 1/2 day Saturday). He
announced that he and others would be attending the Regional Board meeting in
San Luis Obispo on Friday regarding the river discharge permit hearing, noting
that SCRW A has been working on this for five years.
Councilman Morales stated that he attended the Pajaro Valley Flood Control
Prevention Authority meeting noting that they are studying a master plan for the
100-year flood control area, and that they are studying the EIR and procedures for
mitigating agricultural lands.
Councilman Gartman noted that he and Jeff Orth have been doing some
investigation regarding the feasibility of a teen center for Gilroy, to be privately
funded.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
SEPTEMBER 2004
7*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
13 Study Session - Nexus Study - 6:00 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
17 League of California Cities Conference in Long Beach - September 17, 18, 19,
2004
20 Study Session - Fire Department Master Plan Update - 6:00 p.m. Gilroy City
Council Chambers
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
27 Study Session - Nexus Study - 6:00 p.m. Gilroy City Council Chambers
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
OCTOBER 2004
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 City Council Mini-Retreat - (12:00 p.m. - IOOF Children's Home, 290 IOOF
Avenue)
11 CouncillPlanning Commission Mini-Retreat - 6:00 p.m.,Gilroy City Council
Chambers
12 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
12 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior
Center
18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
19 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
NOVEMBER 2004
1 *Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
9 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
9 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior
Center
15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
16 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
19 Joint City CouncillPolice Department/Fire Department Mini-Retreat - 9:00
a.m., Historic Strand Theatre, 7588 Monterey Street
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment At 8: 15 p.m. the Mayor adjourned the meeting to the meeting of September
20, 2004.
Respec~fully submitte~,
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Is/'RHONDA PELLIN, CMC
City Clerk