Minutes 2004/09/20
8291
Regular Meeting
September 20, 2004
Gilroy, California
The Mayor announced that the Council had adjourned from a Closed Session
regarding Conference with Labor Negotiator, pursuant to Government Code
Section 54957.6 and that no action had been taken.
The Mayor led the Pledge of Allegiance to the Flag.
Invocation Pastor Dennis Nichols, South Valley Community Church, gave the Invocation.
Posting The City Clerk noted that the agenda had been posted on September 16, 2004
at 2:17 p.m.
Roll Call Present: Councilmembers: Paul Correa, Robert T. Dillon, Craig Gartman,
Charles S. Morales, Russ Valiquette, Roland Velasco, and Al Pinheiro - 7:01 p.m.
Under Orders of the Day, the Mayor noted that Item I.D.7. would be
postponed to the next meeting.
New Employees The following new employees were introduced: Inga Alonzo, Accounting
Assistant I, Administrative Services Department~ Sandra Nava, HCD Technician,
Community Development Department; Robert Basuino, Jr., Community Service
Officer, Police Department.
Promoted
Employee
Rene Arbizu
The following promoted employee was introduced: Wes Stanford, Sergeant,
Police Department.
The Mayor presented a Certificate of Recognition to Sgt. Rene Arbizu for his
service in Kuwait and Iraq.
Gilroy Historical The Mayor noted a presentation by the Gilroy Historical Society of a gift of
Society microfilm and microfilm reader/printer.
Proc.-Constitution The Mayor presented a proclamation for Constitution Week - September 17-
Week 23,2004 to Delores Horback, member, Daughters of the American Revolution.
proc.-People's The Mayor noted a proclamation for People's Republic of China National Day
Republic of - October 1, 2004, which was previously mailed to the recipient.
China National Day
Proc.-Leif The Mayor noted a proclamation for LeifErikson Day - October 9,2004,
Erikson Day which was previously mailed to the recipient.
Volunteer
Award
Volunteer
Award
Consent
Calendar
Minutes
The Mayor presented the Volunteers of the Month of May, 2004 award to
Gilroy Lions Club members.
The Mayor noted the Volunteers of the Month of August, 2004 award would
be continued to October 4, 2004.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda. There was no comment from anyone in the audience.
Motion was made by Councilman Valiquette, seconded by Councilman Dillon
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
Ai Pinheiro:
Minutes of the Regular Council Meeting of September 7, 2004;
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Budget
Budget Amendments/Transfers as recommended~
SCC Data Com. Second Amended Santa Clara County Data Communications Network Joint
Network Jt. Funding Agreement;
Funding Agr.
Res.2004~80 Adopted Resolution No. 2004-80 supporting Proposition 1A protecting Local
Government Funding~
RESOLUTION NO. 2004-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SUPPORTING PROPOSITION 1A PROTECTING LOCAL GOVERNMENT
FUNDING.
PASSED AND ADOPTED this 20th day of September, 2004, by the following
vote~
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2004-81 Adopted Resolution No. 2004-81 approving TM 04-06, a Tentative Map to
subdivide an existing industrial building on an approximately 3-acre site into two
air space parcels to create a two-unit industrial condominium located at 5900
Obata Way, APN 841-76-021, Sterigenics International, applicant~
RESOLUTION NO. 2004-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 04-06, A TENTATIVE MAP TO SUBDIVIDE AN
EXISTING INDUSTRIAL BUILDING ON AN APPROXIMATELY 3-ACRE
SITE INTO TWO AIR SPACE PARCELS TO CREATE A TWO-UNIT
INDUSTRIAL CONDOMINIUM LOCATED AT 5900 OBAT A WAY, APN
841-76-021, STERIGENICS INTERNATIONAL, APPLICANT.
PASSED AND ADOPTED this 20th day of September, 2004, by the following
vote~
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS: NONE
Res. 2004-82 Adopted Resolution No. 2004-82 approving TM 04-05, a Tentative Map to
subdivide approximately 3 acres into twelve lots located between Santa Teresa
Boulevard and Eagle Ridge Drive, within Eagle Ridge subdivision, APN 810-43-
006, Glen Lorna Group, applicant~
RESOLUTION NO. 2004-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 04-05, A TENTATIVE MAP TO SUBDIVIDE
APPROXIMATELY 3 ACRES INTO TWELVE LOTS LOCATED BETWEEN
SANTA TERESA BOULEVARD AND EAGLE RIDGE DRIVE, WITHIN
EAGLE RIDGE SUBDIVISION, APN 810-43-006, GLEN LOMA GROUP,
APPLICANT.
PASSED AND ADOPTED this 20th day of September, 2004, by the following
vote;
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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Steel-jawed
Leg Hold
Traps
Clarified ordinance regarding steel-jawed leg hold traps for the Santa Clara
County Vector Control District~
Res. 2004-83
Adopted Resolution No. 2004-83 approving TM 04-02, a Tentative Map to
subdivide an approximately 1.25 acre site into 13 lots comprised of 12 single-
family patio home lots and 1 lot for common areas located at 9635 Kern Avenue,
APN 790-04-081, Riverbend, LLC, applicant~
RESOLUTION NO. 2004-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 04-02, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 1.25 ACRE SITE INTO 13 LOTS COMPRISED OF 12
SINGLE-FAMILY PATIO HOME LOTS AND 1 LOT FOR COMMON AREAS
LOCATED AT 9035 KERN AVENUE, APN 790-04-081, RIVERBEND, LLC,
APPLICANT.
PASSED AND ADOPTED this 20th day of September, 2004, by the following
vote~
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS:, NONE
ABSENT: COUNCILMEMBERS: NONE
Res.2004-84 Adopted Resolution No. 2004-84 approving A/S 02-33, an application for
Architectural and Site approval of a Planned Unit Development (PUD) for a 12-
unit single-family patio home development with common areas on approximately
1.25 acres located at 9035 Kern Avenue, APN 790-04-081, Riverbend, LLC,
applicant.
RESOLUTION NO. 2004-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 02-33, AN APPLICATION FOR ARCffiTECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A 12-
UNIT SINGLE-FAMILY PATIO HOME DEVELOPMENT WITH COMMON
AREAS ON APPROXIMATELY 1.25 ACRES LOCATED AT 9035 KERN
AVENUE, APN 790-04-081, RIVERBEND, LLC, APPLICANT.
PASSED AND ADOPTED this 20th 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
Bid-Monterey The City Administrator presented a recommendation to award the bid for the
Street Storm Monterey Street Storm Drain Lining, Project No. 05-CDD-106, to JF Pacific
Drain Lining Liners, Inc. in the amount of$54,835.00.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to award the bid for the Monterey Street Storm Drain Lining, Project
No. 05-CDD-106, to JF Pacific Liners, Inc. in the amount of$54,835.00.
Bid-Recoating The City Administrator presented a recommendation to award the bid for the
Reservoirs Recoating Reservoirs C & D, Project No. 05-CDD-I05, to Robison-Prezioso, Inc.
C & D in the amount of$125,140.00.
Motion was made by Councilman Valiquette, seconded by Councilman Dillon
and carried to award the bid for the Recoating Reservoirs C & D, Project No. 05-
CDD-105, to Robison-Prezioso, Inc. in the amount of$125,140.00
8294
Pub.Hearing
Eminent
Domain -
Oyao
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
Attof!1ey 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.
The staff report was noted and further explained by Facilities and Parks
Development Manager Headley.
The Mayor opened the Public Hearing. There being no comment, the Mayor
closed the Public Hearing.
Res.2004-85 Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Gartman voting no) to adopt Resolution No. 2004-85
determining that the public interest and necessity require the acquisition of a fee
interest in the real property identified by APNs 799-08-045 and 799-08-046,
located at 57 and 67 Seventh Street directing the filing of Eminent Domain
proceedings for Baleriana Oyao.
Pub.Hearing
Eminent
Domain -
Gera
RESOLUTION NO. 2004-85
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 APNS 799-08-045 AND 799-08-046, LOCATED
AT 57 AND 67 SEVENTH STREET DIRECTING THE FILING OF EMINENT
DOMAIN PROCEEDINGS FOR BALERIANA OY AO.
PASSED AND ADOPTED this 20th day of September, 2004, by the following
vote~
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: GARTMAN
ABSENT: COUNCILMEMBERS: NONE
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 799-08-039,
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.
The staff report was noted and further explained by Facilities and Parks
Development Manager Headley.
The Mayor opened the Public Hearing.
George Gera stated that he just wants a fair shake and fair negotiations for the
property. He noted that he was told that he could transfer the number of units
previously on his properties, to other areas in the City of Gilroy. He asked that the
City negotiate in good faith and not bring the courts into this situation.
The Mayor closed the Public Hearing.
Res.2004-86 Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried (Councilman Gartman voting no) to adopt Resolution No. 2004-86
determining that the public interest and necessity require the acquisition of a fee
interest in the real property identified by APNs 799-08-047, 799-08-048, 799-08-
049, 799-08-050, 799-08-051, 799-08-060, 799-08-039, and 799-08-040, located
at 7310, 7320, 7330, 7350, and 7360 Eigleberry Street and 7353 and 7355
Monterey Street directing the filing of Eminent Domain proceedings for Marko &
Klara Gera.
Pub.Hearing
GPA 02-01
Pub. Hearing
Z 04-04
8295
RESOLUTION NO. 2004-86
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 APNS 799~08-047, 799-08-048, 799-08-049,
799-08-050, 799-08-051, 799-08-060, 799-08-039, AND 799-08-040,
LOCATED AT 7310, 7320, 7330, 7350, AND 7360 EIGLEBERRY STREET
AND 7353 AND 7355 MONTEREY STREET DIRECTING THE FILING OF
EMINENT DOMAIN PROCEEDINGS FOR MARKO & KLARA GERA.
PASSED AND ADOPTED this 20th day of September, 2004, by the following
vote~
AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: GARTMAN
ABSENT: COUNCILMEMBERS: NONE
The Mayor stated it was the time and place scheduled for a Public Hearing on
General Plan text amendments and adoption of the Hecker Pass Specific Plan,
located on Hecker Pass Highway, west of Santa Teresa Boulevard. Hecker Pass
property owners (c/o Jim Hoey), applicant, GP A 02-01.
Motion was made by Councilman Gartman, seconded by Councilman
Valiquette and carried to continue GP A 02-01 to October 18, 2004 due to
continuance by the Planning Commission.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Zoning Ordinance text amendment to codify provisions of the Hecker Pass
Special Use District into the Zoning Ordinance~ and Zoning Map amendment on
property located on Hecker Pass Highway, west of Santa Teresa Boulevard, from
RH, AI, HC to Hecker Pass Special Use District-PUD. Hecker Pass property
owners, applicant, Z 04-04.
Motion was made by Councilman Gartman, seconded by Councilman
Valiquette and carried to continue Z 04-04 to October 18, 2004 due to
continuance by the Planning Commission.
The following informational items were noted with no separate discussion on
same:
Customer Service:
Letter of thanks from Julie C. Paisant, City of Salinas, to Wendie Rooney for
serving as an evaluator for the position of Community Development
Administrative Supervisor~
Email of thanks from Wendie Rooney to Department Heads, Roy Shackel,
Stephen Lau, Kristi Abrams, Jay Baksa, Dave Bozzo, Rick Smelser, Carla Ruigh,
LeeAnn McPhillips, Rick Brandini, Cheryl Bolin, Theresa Marquez, and Karen
Pogue for the support and work that everyone put in on the critical faculties
spreadsheet~
Email of thanks from Arica Hernandez to Jeff Castro, George Ocampo and
Marshall Silva for re-reading some water meters due to an error;
Letter of appreciation from David Pulido, Gavilan College, to Officer Nestor
Quinones for being a guest speaker for students in the Introduction to the
Administration of Justice class~
Letter of commendation from Sergeant Christopher Coale, Lieutenant Rick
Nichelman, and Sergeant April Chapman, Northern California Computer Crimes
Task Force, to Sergeant Jack Robinson, Corporal Rosa Quinones, and Detective
Michael Beebe for assistance in an investigation~
8296
Email of thanks from Sue Baker to Officer Nestor Quinones and Kimbo for the
opportunity to ride along and watch them in action;
Letter of thanks from Laurie Smith, Sheriff, Santa Clara County, to Sergeant
Greg Flippo, Corporal Robert Locke-Paddon, Officer Pedro Espinoza and Officer
Jeff Roccaforte for their participation in the Santa Clara County Fairfest;
EmaiI of thanks from Floyd Wallace to the Las Animas station crew for saving
his life .after suffering a medical emergency~
Letter of thanks from Valerie Herrera and Eduardo Negrete to Jared Gamm for
his amazing skills in instructing their son Frederick in summer swim lessons~ and
Letter of appreciation from Jeff Miller, Chief of Police, Hollister, to Corporal
Tiner for assistance during oral interviews for police officer.
Informational items:
Gilroy Economic Development Corporation minutes of August 13, 2004~
Email announcing Redwood City Website Wins Top National Award (David
Chulick assisted in the design/development of the site)~ and
City of Gilroy Investment Report dated July, 2004.
SCRWA
8-31-04
The minutes of the South County Regional Wastewater Authority meeting of
August 31, 2004 were noted.
The City Administrator reported that they will hold interviews for Fire Chief
the 18t week of October. He reminded everyone of the Council mini.retreat on
October 8th, the CouncillPlanning Commission mini-retreat on October 11, and the
CouncillPolice Department/Fire Department retreat November 19. He requested
topics for these retreats be given to him. He gave an update on the Perchlorate
issue, noting that they have procured land (which is in escrow) for wells on the
Gilroy Unified School District site and Monier Tile site, in case we need additional
well sites in the future.
Councilman Velasco noted that the Historical Society requested funds for the
maintenance of the microfilm reader, and the City Administrator stated that the
contract coverage would be budgeted. Councilman Velasco stated that he has
seen Motorcycle Officer Crivello all over town, and requested a report on his
statistics. The City Administrator stated that this would be provided at the retreat.
The Mayor stated that it was time to do the City Administrator's evaluation.
Council agreed to hold a closed session on October 18, 2004 at 6:00 p.m.
Bd./Com. The Mayor noted City Commission and Board appointments effective
Appointments January 1, 2005 to Expire December 31, 2008.
Consensus of the Council was to set the deadline to receive applications as
December 9,2004, the date for candidate interviews as December 13, 2004, and
appointments to be made on December 20, 2004.
The Mayor thanked the Councilmembers for attending the League of California
Cities Conference to learn of opportunities and information to bring back to our
community.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
8297
SEPTEMBER 2004
20 Closed Session - Conference with Labor Negotiator - 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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy - CANCELLED
OCTOBER 2004
4 Study Session - Fire Department Master Plan Update - 6:00 p.m. Gilroy City
Council Chambers
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 lOOF
Avenue)
11 Council/Planning 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*R~gular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
19 Neighborhood District Task Force - 7:00 p.m., Gilroy Senior Center
26 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
NOVEMBER 2004
1 Study Session - Review of the Open Space Authority - 6:00 p.m., Gilroy City
Council Chambers
1 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
9 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
9 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior
Center
15 Study Session - 2005 CDBG Prioritization Process - 6:00 p.m., Gilroy City
Council Chambers
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 Council/Police Department/Fire Department Mini-Retreat - 9:00
a.m., Historic Strand Theatre, 7588 Monterey Street
23 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment At 8:05 p.m. the Mayor adjourned the meeting to the meeting of October 4,
2004.
Respectfully submitted,
~ .~. .... -
~~,,-d/rU~
/s/ RHONDA PELLIN, CMC
City Clerk