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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; 8292 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 8293 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