Minutes 2005/01/18
8340
Regular Meeting
January 18, 2005
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Father Dan Derry, St. Mary's Catholic Church, gave the invocation.
The City Clerk noted that the agenda had been posted on January 12,2005 at
11 :30 a.m.
Roll Call
Present: Paul Correa; Robert T. Dillon; Craig Gartman; Charles S. Morales; Russ
Valiquette; Roland Velasco; AI Pinheiro.
Orders of the Day
The Mayor asked for a minute of silence for Bill Lindsteadt. He stated that Item
VILB. would be moved before Item LD.l. and Item VII.C. would be moved after Item
I.D.l. He stated that there won't be a Parks & Recreation Commission report tonight. The
Mayor thanked everyone for their concerns on his health. He noted two minor changes
on page 6 of the minutes of December 20,2004 for Item Y.B.2 to change the application
number twice from Z 04-08 to Z 03-08. He stated that this meeting would be adjourned in
Bill Lindsteadt's memory.
Introduction of promoted and new employees
The following promoted employees were introduced: Robert Locke-Paddon, Police
Sergeant, Police Department; Geoff Guerin, Police Corporal, Police Department; and
Jack Robinson, Police Captain, Police Department.
The following new employees were introduced: Debbie Waite, HR Office Assistant
I, Administrative Services Department; Zoe Ferrant, Office Assistant I, Community
Development Department; Ronald Thissen, Field Services Manager, Community
Development Department, and Dwane Camp, Network Administrator, Administrative
Services Department.
The Mayor deviated from the agenda to accommodate interested persons in the audience.
Gilroy Center for the Arts
Agreement between the City of Gilroy and the Gilroy Foundation regarding funding
operations of the Gilroy Center for the Arts and appointing the Foundation as its
Exclusive Outside Agent for marketing certain naming rights to fund operations.
The staff report was noted and further explained by the City Administrator.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried to approve the agreement.
Presentation by the Gilroy Center for the Arts Endowment Committee.
Donna Pray explained the charge of the Gilroy Center for the Arts Endowment
Committee. She announced the proposed names for rooms in the Gilroy Center for the
Arts.
Request for naming of building elements for The Gilroy Center for the Arts.
Motion was made by Councilman Gartman, seconded by Councilman Morales and
carried to approve room/area naming for The Gilroy Center for the Arts to include: Main
Theater to be named in honor of Don Christopher, Courtyard to be named in honor of the
Gilroy Garlic Festival Association, Classroom A to be named in honor ofLael
McCormack, Members' Lounge to be named in honor of the Connell Family, Concession
Bar to be named in honor of the Theater Angels Art League, Star Dressing Room to be
named in honor of Don Gage and Mike Gilroy, Women's Dressing Room to be named in
honor of Rosalind and Gordon Farotte, Jr., Green Room to be named in honor of Vivian
and Robert Stuart, Fountain to be named in honor of the Pray Family, Piano Storage
Room to be named in honor of Fred and Virginia Wood, Costume Room to be named in
honor of Arline Silva, and Prop Room to be named in honor of the Titus Family.
8341
The Mayor returned to the regular order of the agenda.
Presentations & Proclamations
Proclamation: Volunteer Blood Donor Month - January, 2005.
The Mayor presented the proclamation to Shirley Cotta, Red Cross Volunteer.
Employee Award for the Month of January 2005
The Mayor presented the Employee Award for the Month of January, 2005 to Rebecca
Jansky, Information Technology Technician, Administrative Services Department.
Team Award for the Month
The Mayor presented the Team of the Month Award to Patricia Bentson and Rick
Smelser.
Proclamation: National Catholic Schools Week - January 30,2005 through February
4,2005. The Mayor noted that this was previously mailed to the recipient.
Volunteers of the Month of November 2004
The Mayor presented the Volunteers of the Month of November, 2004 Award to Jennifer
Lanier & St. Mary's Group.
Parks and Recreation Commission cancelled their report.
Presentations by members of the public for items not on the agenda, but within the subject matter
jurisdiction of the City Council.
Dion Bracco, Bracco's Towing and Transport, noted an article on the new motorhome
ordinance. He asked the City to look at who is going to pay for this. He noted that it
would be a burden to the towing company.
George Akel, Newman Development Group, noted that he was saddened to hear of
the loss of Bill Lindsteadt. He stated that they are considering naming a street in his
honor in their development.
John Manderfeld, operator of Hilton Garden Inn, asked to be included on a future
agenda regarding the guarantee of an amount of transient occupancy tax. He asked to
work out a payment plan to pass on the balance of the TOT to their guests. Mayor
Pinheiro and Council members Gartman and Morales volunteered to sit on a sub-
committee to review this, but the Council decided that the City Administrator and City
Attorney would review this and come back to the full Council with options.
Consent Calendar
Motion was made by Councilman Morales, seconded by Councilman Valiquette and
carried to approve the Consent Calendar
Minutes of the Regular Council Meeting of December 20,2004, as amended on
page 6.
Recommendation to Approve Budget Amendments/Transfers.
Claims of Veronica Espinosa, Kyung Hee Kim, and Keith Spencer.
Request for Acceptance ofImprovements, Tract 9463, Newman Phase II.
Approval of the MOD with the Silicon Valley Workforce Investment Network.
An Ordinance of the City Council of the City of Gilroy amending Chapter 15 of the
City Code by adding a new Section 15.8 prohibiting the human habitation of motor
vehicles.
ORDINANCE NO. 2005-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING CHAPTER 15 OF THE CITY COCDE BY ADDING A NEW SECTION
15.8 PROHIBITING THE HUMAN HABITATION OF MOTOR VEHICLES.
PASSED AND ADOPTED this 18th day of January, 2005, by the following vote:
8342
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMrnMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A Resolution of the City Council of the City of Gilroy approving A/S 04-61, an
application for Architectural and Site approval of a Planned Unit Development (PUD) for
a 137-lot single-family subdivision on approximately 76 acres located north and south of
Sunrise Drive, east off Rancho Hills Drive, APNS 783-20-035, 038, 041, Arcadia Homes
c/o Michael Fletcher, applicant.
RESOLUTION NO. 2005-01
A RESOLUTION OF THE CITY COUNICIL OF THE CITY OF GILROY
APPROVING A/S 04-61, AN APPLICATION FOR ARCHITECTURAL AND SITE
APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A 137-LOT
SINGLE-FAMILY SUBDIVISION ON APPROXIMATELY 76 ACRES LOCATED
NORTH AND SOUTH OF SUNRISE DRIVE, EAST OF RANCHO HILLS DRIVE,
APNS 783-20-035, 038, 041, ARCADIA HOMES C/O MICHAEL FLETCHER,
APPLICANT.
PASSED AND ADOPTED this 18th day of January, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Request to approve the Quit-Claim of the Old Gilroy Road property to the Valley
Transportation Authority to facilitate the Highway 152 Improvement Project B.
Bids and Proposals
Recommendation to award bid for the Test Well Drilling Program, Project No. 05-
CDD-103, to Maggiora Bros. Drilling, Inc. in the amount of $344,620.00.
The City Administrator presented a recommendation to award the bid for the Test
Well Drilling Program, Project No. 05~CDD-103, to Maggiora Bros. Drilling, Inc. in the
amount of $344,620.00.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried to award the bid for the Test Well Drilling Program, Project No. 05-CDD-103, to
Maggiora Bros. Drilling, Inc. in the amount of $344,620.00.
City of Gilroy
A continued Public Hearing on Zone Change text amendments and other
modifications of the Zoning Ordinance for consistency with the General Plan, Z 04-06,
City of Gilroy, applicant.
The staff report was noted and further explained by Planner II Casper.
The Mayor opened the Public Hearing. There being no comments from the public,
the Mayor closed the Public Hearing.
Motion was made by Councilman Gartman, seconded by Councilman Valiquette and
carried to direct staff to prepare an ordinance approving Z 04-06.
Mike Conrotto
Public Hearing on a Zone Change request to change the zoning of 6+ acres from M2
(General Industrial) to CM (Commercial Industrial) on property located at 6460-6490
Chestnut Street, Z 03-10, Emsee Transportation Company (c/o Mike Conrotto), applicant.
Motion was made by Councilman Valiquette, seconded by Councilman Gartman and
carried to continue Z 03 -1 0 to the meeting of February 22, 2005 due to continuance by
the Planning Commission.
8343
Gerry DeYoung
Public Hearing on a Tentative Map request to sub.divide 3.26 acres into 16 single
family residential lots on property zoned Rl (Single Family Residential), located east of
the Cheyenne Drive terminus and east of Saddler Drive, south of Sprig Way, TM 04-08,
Rancho Meadows, applicant.
The staff report was noted and further explained by Planner II Polubinski for TM 04.
08 and TM 04-09.
The Mayor opened the Public Hearing on TM 04.08 and TM 04-09.
Gerry DeYoung stated that this is the outgrowth of the RDO process. He noted that
they did a lot line adjustment at the request of staff, and that these two projects are the
outcome, with separate ownerships.
The Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Morales and
carried to approve the Mitigated Negative Declaration (for TM 04-08 and TM 04-09),
finding that (a) it is completed in compliance with CEQA; (b) it reflects the independent
judgment of the City, and (c) there is no substantial evidence that the project will have a
significant effect on the environment.
Motion was made by Councilman Valiquette, seconded by Councilman Morales and
carried to direct staff to prepare a resolution approving TM 04-08.
Gerry DeYoung
Public Hearing on a Tentative Map request to sub-divide 3.93 acres into 17 single
family residential lots on property zoned RI (Single Family Residential), located at the
easterly terminus of Sprig Way and the north terminus of Rodeo Drive, TM 04-09,
Camino Enterprises Corp., applicant.
Motion was made by Councilman Velasco, seconded by Councilman Morales and
carried to direct staff to prepare a resolution approving TM 04-09.
Community Development Block Grant
Public Hearing to consider and adopt changes to the 2000-2005 Consolidated Plan
and the Program Year 2001, 2002, 2003 and 2004 Annual Action Plans for the
Community Development Block Grant (CDBG) Program.
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing.
Gabriel Duenas, MACSA, requested reconsideration of the reallocation of the funds.
He noted that there is no process in place to reallocate un-used funds. He suggested the
Council develop a protocol to reallocate the funds to the providers. He also asked that the
City notify the service providers that there are surplus funds to be reallocated.
The Mayor closed the Public Hearing.
Motion was made by Councilman Velasco, seconded by Councilman Valiquette and
carried to adopt the proposed amendments.
The City Administrator stated that staff will prepare a procedure for reallocation of
funds for the future.
Hecker Pass Specific Plan
A Resolution of the City Council of the City of Gilroy making certain findings
required by the California Environmental Quality Act (CEQA) in connection with the
Hecker Pass Specific Plan for which an Environmental Impact Report has been prepared,
and adopting the mitigation measures and approving a Mitigation Monitoring Program
for the project, Hecker Pass Property Owners, applicant.
The staff report was noted and further explained by Planner II Durkin.
8344
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried to adopt Resolution No. 2005-02 making certain findings required by the
California Environmental Quality Act (CEQA) in connection with the Hecker Pass
Specific Plan for which an Environmental Impact Report has been prepared, and adopting
the mitigation measures and approving a Mitigation Monitoring Program for the project,
GP A 02-01, Hecker Pass Property Owners, applicant.
RESOLUTION NO. 2005-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING
CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) IN CONNECTION WITH THE HECKER PASS SPECIFIC
PLAN FOR WHICH AN ENVIRONMENTAL IMP ACT REPORT HAS BEEN
PREPARED, AND ADOPTING THE MITIGATION MEASURES AND APPROVING
A MITIGATION MONITORING PROGRAM FOR THE PROJECT, GPA 02-01,
HECKER PASS PROPERTY OWNERS, APPLICANT.
PASSED AND ADOPTED this 18th day of January, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE (08:39 PM)
Hecker Pass Specific Plan
A Resolution of the City Council of the City of Gilroy approving GPA 02-01, an
amendment to the General Plan to adopt the Hecker Pass Specific Plan for approximately
423 acres along Hecker Pass Highway, west of Santa Teresa Boulevard, and to approve
General Plan text amendments that support the goals and policies of the Hecker Pass
Specific Plan, Hecker Pass Property Owners, applicant.
Motion was made by Councilman Morales, seconded by Councilman Correa and
carried to adopt Resolution No. 2005-03 approving GPA 02-01, an amendment to the
General Plan to adopt the Hecker Pass Specific Plan for approximately 423 acres along
Hecker Pass Highway, west of Santa Teresa Boulevard, and to approve General Plan text
amendments that support the goals and policies of the Hecker Pass Specific Plan, Hecker
Pass Property Owners, applicant.
RESOLUTION NO. 2005-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING GP A 02-01, AN AMENDMENT TO THE GENERAL PLAN TO ADOPT
THE HECKER PASS SPECIFIC PLAN FOR APPROXIMATELY 423 ACRES
ALONG HECKER P ASS HIGHWAY, WEST OF SANTA TERESA BOULEVARD,
AND TO APPROVE GENERAL PLAN TEXT AMENDMENTS THAT SUPPORT
THE GOALS AND POLICIES OF THE HECKER PASS SPECIFIC PLAN, HECKER
PASS PROPERTY OWNERS, APPLICANT.
PASSED AND ADOPTED this 18th day of January, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNC~MEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Hecker Pass Specific Plan
An Ordinance of the City Council of the City of Gilroy amending the Gilroy Zoning
Ordinance to add Section 29, Hecker Pass Special Use District, implementing provisions
of the Hecker Pass Specific Plan and to amend the Zoning Map on property located on
Hecker Pass Highway, west of Santa Teresa Boulevard From RH, Al and HC to Hecker
Pass Special Use District/PUD, Hecker Pass Property Owners, applicant.
Motion was made by Councilman Correa, seconded by Councilman Dillon 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.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried to introduce an Ordinance of the City Council of the City of Gilroy approving Z
04-04, as amended.
8345
At 8:44 p.m., the Mayor called for a recess, after which he recalled the meeting to
order.
Safe Haven Program for Newborns
A Resolution of the City Council of the City of Gilroy, California, authorizing the
City of Gilroy to participate in the Safe Haven Program for Newborns.
The staff report was noted and further explained by the City Administrator.
Motion was made by Councilman Dillon, seconded by Councilman Morales and
carried (Councilman Velasco voting no) to adopt Resolution No. 2005-04 authorizing the
City of Gilroy to participate in the Safe Haven Program for Newborns.
RESOLUTION NO. 2005-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY,
CALIFORNIA, AUTHORIZING THE CITY OF GILROY TO PARTICIPATE IN THE
SAFE HAVEN PROGRAM FOR NEWBORNS.
PASSED AND ADOPTED this 18th day of January, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, and PINHEIRO
NOES: COUNCILMEMBERS: VELASCO
ABSENT: COUNCILMEMBERS: NONE (08:53 PM)
Shirley Lulevitt
Small Project Exemption to allot 9 residential units on property zoned C2 (Central
District Commercial), located at 7031 Monterey Road, SPE 04-08, Shirley Lulevitt,
applicant.
The staff report was noted and further explained by Planner II Polubinsky.
Motion was made by Councilman Dillon, seconded by Councilman Correa and
carried to direct staff to prepare a resolution approving SPE 04-08.
Eagle Ridge Homeowners Association
Request by the Board of Directors of the Eagle Ridge Homeowners Association for
the City of Gilroy's cooperation and help in traffic enforcement within the development
of Eagle Ridge.
The staff report was noted and further explained by the City Administrator.
Motion was made by Councilman Morales, seconded by Councilman Dillon and
carried to proceed with the request, provided the Eagle Ridge HOA agrees to provide
traffic speed and control device study requirements and to the enforcement frequency.
Customer Service
Email of thanks from Rachel Munoz to Eligio Parraz, Raul Padilla, and Chris Weske
for their help with Santa at San Y sidro Park.
Letter of thanks from Edward P. Sanchez, Gilroy Citizenship & Educational
Programs, to Officer Rodriguez for speaking to their classes.
Letter of thanks from Bryan W. Rich, EMQ Children & Family Services, to Officer
Terasaki for his assistance with a troubled youth.
Email of thanks from Rachel Munoz to Raul Caballero, Manny Reyes, and Todd
Barreras for installing Neighborhood Watch signs.
City of Gilroy Investment Report dated November, 2004.
Letter from Elizabeth H. Kiss, President, International Institute of Municipal Clerks
to Jay Baksa announcing that Rhonda S. Pellin has qualified for First Level Membership
in the IIMC Master Municipal Clerk Academy.
Gilroy Economic Development Corporation minutes of December 10, 2004.
8346
Award presented to Jay Baksa in appreciation of his outstanding service to Gilroy
Leadership, Founding Board Member 1996, President 2001, Board of Directors 1996-
2004.
Letter of notification from Claire Burke, Hunter Public Relations, that the City of
Gilroy has been selected as one of the ten finalists for the America's Flavor Landmark
Award.
Commission and Board Minutes
Minutes of the Arts and Culture Commission meeting of November 9,2004.
Minutes of the Bicycle/Pedestrian Advisory Board meeting of October 26,2004.
Minutes of the Gilroy Gang Task Force meeting of December 7,2004.
Minutes of the Library Commission meeting of November 10, 2004.
Minutes of the Parks & Recreation Commission meeting of November 16,2004.
Minutes of the Senior Center Advisory Board meeting of October 18,2004.
Minutes of the South County Regional Wastewater Authority meeting of
November 23, 2004.
Minutes of the Youth Commission meeting of November 8,2004.
City Administrator Report
The City Administrator asked if January 31,2005 was acceptable to the
Councilmembers to complete the items on the retreat, and they concurred. He distributed
information regarding the costs to complete the landscaping work at the Willey House.
Council Members Report
Councilman Dillon stated that he and Councilman Valiquette will attend the funeral
services for Bill Lindsteadt in Ukiah.
Councilman Morales stated that he will be attending a retreat from Friday, January
21,2005 to Sunday, January 23, 2005 with the Latino Caucus.
Councilman Velasco requested the City educate our population about the Baby Safe
Haven law to encourage mothers to take the child to the hospital, but to inform them that
they have the option of taking the baby to a fire station. It was noted that staff will work
with the Fire Chief to get information on Channel 17 and the web site.
Councilman Gartman noted the Newman Development Group was willing to name
the intersection at Costco Lindsteadt Lane to honor Bill Lindsteadt, and also noted a
fundraiser that he is working on in Bill Lindsteadt's honor to name the ticket booth or a
room at the Gilroy Center for the Arts. He stated that contributions can be made to South
Valley National Bank.
Mayor's Report
~e Mayor noted the work the City Administrator has done on the founding board of
Leadership Gilroy, and the award that he received. He thanked his colleagues for their
concern last Friday.
Meeting will be televised on Channel 17
JANUARY 2005
18 Closed Session - Conference with Labor Negotiator - 5:00 p.m., Gilroy City Council
Chambers
18 Study Session - First Street "No Parking" Issue - 6:00 p.m., City Council Chambers
18 Study Session - Woodburning Stove Ordinance - 6:30 p.m., City Council Chambers
18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
24 Study Session - Joint City Council/Planning Commission on the Neighborhood
District Policy - 6:00 p.m., Gilroy City Council Chambers
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy - CANCELLED
,-
8347
FEBRUARY 2005
7 Study Session - Bonfante Gardens Annual Report - 6:00 p.m., City Council
Chambers
7 Study Session - HCD Consolidated Plan - 6:30 p.m., Gilroy City Council Chambers
7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 SCRW A Meeting - 7:30 a.ffi., 1500 Southside Drive, Gilroy
9 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center
16 Workshop for Councilmembers/Boardmembers/Commission Members on the Brown
Act, Conflict ofInterest, and Meeting Procedure - 6:00 p.m., Gilroy City Council
Chambers
22*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
28*Joint Council/Planning Commission Study Session - Review of the 2005 cm - 6:00
p.m., Gilroy City Council Chambers
MARCH 2005
1 Study Session - VTP 2030 Presentation - 6:00 p.m., City Council Chambers
7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
9 Downtown Specific Plan Task Force Meeting - 6:00 p.m., Gilroy Senior Center
21 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment
The Mayor adjourned the meeting in memory of Bill Lindsteadt, to the meeting of
February 7,2005.
} . )
/f '
\\::. V Ii /} lit/, \K{/{.{ (j-
~-~~---------------------------------------
/s/ RHONDA PELLIN' CMC
City Clerk