Minutes 2001/05/21
Posting
Agenda
Roll Call
7" ...'
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Regular Meeting
May 21, 2001
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the agenda had been posted on May 16, 2001
at 11:20 a.m. and the addendum to the agenda was posted on May 18,2001 at
9:15 a.m.
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S.
Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer; Absent:
Councilmember Anthony C. Sudol III (excused - ill) - 7: 10 p.m.
The Mayor noted an emergency item to add to the agenda regarding the Gilroy
Roads to Success Program. City Attorney Callon noted that pursuant to
Government Code Section 54954.2, by a 2/3 vote, the Council can add an item to
an agenda if they find there is a need to take immediate action and the item came
to the attention of the Council since the agenda had been posted. Councilman
Velasco noted that the program will lose $1.6 million over the next two years, and
requested the City send a letter of support. He stated that the Council needs to
take action immediately, since they will not meet again before the end of the month
when the legislators will take action regarding this item. City Attorney Callon
agreed that it met the criteria for adding it to the agenda.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and carried (Councilman Sudol absent) to add an emergency item to the
agenda for action under Councilmembers reports regarding the Gilroy Roads to
Success Program.
Promoted Emp. The Mayor introduced promoted employees Joshua Valverde, Fire Engineer,
Fire Department and Ed Bozzo, Fire Captain, Fire Department.
New Employee The Mayor introduced new employee Al Castro, Community Service Officer,
Police Department.
Hank Snow
Huldah
Champion
Vol. Award
Emp. Award
Emp. Award
The Mayor recognized Hank Snow, Gilroy Police Department Officer of the
Year.
The Mayor presented a certificate to retired Planning Commissioner Huldah
Champion.
The Mayor presented the Volunteer of the Month of April, 2001 award to Ed
Lujan.
The Mayor presented the Employee Award for the Month of April, 2001, to
Sandra Sammut, Community Service Officer, Police Department.
The Mayor presented the Employee Award for the Month of May, 2001, to
Kathy McHenry, Office Assistant II, Community Development Department.
Proc.- Save A The Mayor noted a proclamation for Save A Life Week - May 20-26,2001,
Life Week which was previously mailed to the recipient.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Amos Brown spoke regarding the seven sins. He noted concerns with the
youth of our community.
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Consent
Calendar
Motion was made by Councilman Morales, seconded by Councilmember G.
Arellano and carried that the following items under the Consent Calendar be
approved, by the following Roll Call Vote: Ayes: Councilmembers: Guadalupe
Arellano, Peter D. Arellano, Charles S. Morales, Al Pinheiro, Roland Velasco, and
Thomas W. Springer; Absent: Anthony C. Sudol:
Minutes
Minutes of the Regular Council Meeting of May 7, 2001;
City Historian
Appointed Katherine Tsujimoto as the City Historian;
Claims
Denied the claims of Wayne Silva and Daniel Rangel; and
Accept.Impr. Accepted improvements for Cotswold, LLC, Tract 9226.
Cotswold, LLC
Tract 9226
Youth Com.
Report
Ben Fohner and Kathryne Bevilacqua gave an update on the Youth
Commission and the projects that they are working on, including a bicycle park
facility and a float for the Memorial Day Parade. Kelly Barham noted the activities
that the Commission has participated in this year. Alison Watkins reviewed the
meeting highlights for this year. Ben Fohner noted goals that the Commission has
set for themselves.
P\tP .Hearing The Mayor stated it was the time and place scheduled for a contlnll~" ~ltRFc
Garbage Hearing to consider revision and adjustments of charges for the collection of
Rates garbage, rubbish and refuse in the City of Gilroy.
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing.
John Nicoletti, South Valley Disposal and Recycling, Inc., stated that they will
still make a diligent effort to encourage commercial recycling.
Amos Brown spoke against requiring industrial users to pay more for refuse
disposal.
The Mayor closed the Public Hearing.
Councilmember G. Arellano stated for the record that she hates to say yes to
something that she has no choice about.
Res. 2001-25
Garbage
Rates
Motion was made by Councilman Velasco, seconded by Councilman Morales
and carried Councilmember G. Arellano voting no and Councilman Sudol absent)
to adopt Resolution No. 2001-25 setting maximum charges for the collection of
garbage, rubbish, refuse and recyclable materials in the City of Gilroy.
RESOLUTION NO. 2001-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SETTING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE,
RUBBISH, REFUSE AND RECYCLABLE MATERIALS.
PASSED AND ADOPTED this 21st day of May, 2001, by the following vote;
AYES: COUNCILMEMBERS: P. ARELLANO, MORALES, PINHEIRO,
VELASCO and SPRINGER
NOES: COUNCILMEMBERS: G. ARELLANO
ABSENT: COUNCILMEMBERS: SUDOL
Councilmember G. Arellano stated for the record that her "No" vote was not
an indication that she supported the second option.
The consensus of the Council was to have staff review the franchise with South
Valley Disposal and Recycling, Inc. regarding the COLA (Cost of Living
Adjustment) and fuel charge CPI (Consumer Price Index).
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At 8:27 p.m. Councilman P. Arellano left the Council Chambers, and returned
at 8:28 p.m.
Pub.Hearing
Coastal Rim
Properties
The Mayor stated it was the time and place scheduled for a Public Hearing to
consider approval of the issuance by the California Statewide Communities
Development Authority of multifamily housing revenue bonds in the aggregate
principal amount of approximately $5,300,000 the principal amount of which will
be applied to the financing of the acquisition and construction of a 75-unit senior
multifamily residential rental facility to be commonly known as the Gilroy Senior
Apartments, located at the southwest corner of the intersection of Santa Teresa
Boulevard and Hecker Pass Highway in the City of Gilroy, California. The owner
of the project will be DMA Gilroy Partners, LP (Coastal Rim Properties), or
another limited liability company or limited partnership formed by Coastal Rim
Properties.
The staff report was noted and further explained by the City Administrator.
Councilman Velasco stated that he has a conflict of interest due to the location
of his residence, and stepped down from the dais.
The Mayor opened the Public Hearing.
Franco Mola requested that the amount of the bonds in this resolution be
mirrored to the inducement resolution.
Amos Brown stated that he is not against the project, but stated that the
amount of the bond is astronomical. He stated he is opposed to this request.
The Mayor closed the Public Hearing.
Res. 2001-26
Coastal Rim
Properties
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried (Councilmembers Sudol and Velasco absent) to adopt Resolution No.
2001-26 approving the issuance of multifamily housing revenue bonds for the
purpose of financing the acquisition and construction of the Gilroy Senior
Apartments, with the amount not to exceed $6 million.
RESOLUTION NO. 2001-26
t'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE
BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION AND
CONSTRUCTION OF THE GILROY SENIOR APARTMENTS.
PASSED AND ADOPTED this 21st day of May, 2001, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: SUDOL and VELASCO
Councilman Velasco returned to his seat at the dais.
Pub. Hearing The Mayor stated it was the time and place scheduled for a Public Hearing on
Uvas Creek the Uvas Creek Park Preserve Northside Trail Improvement Project regarding
Park Preserve improvements alongside the north side of the Uvas Creek Park Preserve to include
Northside a Class 1 bicycle/pedestrian trail extension from the current trail, which ends at
Trail Impr. Laurel Drive, west to Santa Teresa Boulevard. This project will include a bridge
Project undercrossing at the Santa Teresa Boulevard Bridge, provide for the needed
connection to the future trail upstream of Santa Teresa Boulevard Bridge, and will
include a staging area with restroom facilities and a parking area. City of Gilroy,
applicant, M 01-03.
The staff report was noted and further explained by Facilities & Parks
Development Manager Headley.
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CFD No. 1
Res. 2001-27
CFD No. I
Ord. 2001-6
Youth Com.
Lee Steinmetz, Bellinger, Foster, Steinmetz Landscape Architecture, reviewed
the project.
Community Development Director Allen reviewed the need to relocate one
tree out of the line of the trail.
The Mayor opened the Public Hearing.
Amos Brown stated that there is no reason to move a tree, because it would
die. He questioned how much it will cost to develop this project. He noted his
concern with gating off a portion of the pathway. He questioned who will
maintain this project. He noted concern with safety to people on the levee.
The Mayor closed the Public Hearing.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried (Councilman Sudol absent) to approve the Conceptual Plan for the
Uvas Staging Area and Trail Improvements at Santa Teresa Boulevard Bridge
(both north and south sides) and amend the 1992 Uvas Creek Park Preserve
Master Plan, with no action regarding removal of the tree.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Pinheiro and carried (Councilman Sudol absent) to approve the Mitigated Negative
Declaration, finding that (a) it is completed in compliance with CEQA; (b) it
reflects the independent judgment of the City; and (3) there is no substantial
evidence that the project will have a significant effect on the environment.
Motion was made by Councilmember G. Arellano, seconded by Councilman P.
Arellano to direct staff to prepare a resolution approving the Uvas Creek Park
Preserve Northside Trail Improvement Project as proposed, including not moving
the tree, and the motion and second were withdrawn.
Motion was made by Councilman Velasco, seconded by Councilmember G.
Arellano and carried (Councilman Morales voting no and Councilman Sudol
absent) to continue the request to direct staff to prepare a resolution
approving/modifYing the Uvas Creek Park Preserve Northside Trail Improvement
Project to June 4,2001.
The Mayor noted a request for possible abandonment of Community Facilities
District No.1 (Emergency Medical Services).
Motion was made by Councilman Morales, seconded by Councilman P.
Arellano and carried (Councilmember Pinheiro voting no and Councilman Sudol
absent) to adopt Resolution No. 2001-27 declaring results of special election and
directing recording of Notice of Abandonment for the Community Facilities
District NO.1.
RESOLUTION NO. 2001-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING
RECORDING OF NOTICE OF ABANDONMENT (COMMUNITY
FACILITIES DISTRICT NO.1).
PASSED AND ADOPTED this 21st day of May, 2001, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: PINHEIRO
ABSENT:COUNCILMEMBERS: SUDOL
Motion was made by Councilman Morales, seconded by Councilman Pinheiro
and carried (Councilman Sudol absent) to adopt Ordinance No. 2001-6 amending
Section 11(3) of Ordinance No. 2000-18 regarding the terms of office of members
of the City of Gilroy Youth Commission. '_
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ORDINANCE NO. 2001-6
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 11(3)
OF ORDINANCE NO. 2000-18 REGARDING THE TERMS OF OFFICE OF
MEMBERS OF THE CITY OF GILROY YOUTH COMMISSION.
PASSED AND ADOPTED this 21st day of May, 2001, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT:COUNCILMEMBERS: SUDOL
At 9:24 p.m. the Mayor called for a five minute recess, after which he recalled
the meeting to order.
NS 01-21
Carl's Jr.
The Mayor noted a request for a Planned Unit Development Architectural and
Site Design review for the construction of a Carl's Jr. fast food restaurant with a
drive through lane on property zoned MI-PUD (Limited Industrial-Planned Unit
Development), located at 5880 Monterey Road, south of the Garlic Farm Truck
Stop freeway interchange east of Highway 101. Carl's Jr. (c/o Stephen Anthony),
applicant, NS 01-21.
The staff report was noted and further explained by Planning Division Manager
Faus.
Howard Vierra noted that they hope the majority of traffic enters through the
stop lighted intersection.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried (Councilman Sudol absent) to direct staff to prepare a resolution
approving NS 01-21, subject to the Planning Commission recommendations.
NS 01-12
Chris Vanni
The Mayor noted a request for Architectural and Site Design Planned Unit
Development review for the development of a 50,000 sq.ft. office complex on
property zoned C3-PUD (Shopping Center Commercial-Planned Unit
Development) located northeast of Santa Teresa Boulevard at First Street. Chris
Vanni, applicant, NS 01-12.
The Mayor noted a request for continuance of this request to June 4, 2001.
Motion was made by Councilman Morales, seconded by Councilman P.
Arellano and carried (Councilman Sudol absent) to continue NS 01-12 to June 4,
2001.
Urinating or The Mayor noted a request for an Ordinance of the City Council of the City of
Defecating in Gilroy amending Chapter 16 of the Gilroy City Code regarding urinating or
Public defecating in public.
The staff memorandum was noted and further explained by the City
Administrator.
Motion was made by Councilman Morales, seconded by Councilman P.
Arellano and carried (Councilman Sudol absent) 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 Councilmember G.
Arellano and carried (Councilman Sudol absent) to introduce the Ordinance
amending Chapter 16 of the Gilroy City Code regarding urinating or defecating in
public.
Gilroy Visitors The Mayor noted a request for appointment of the City of Gilroy designates to
Bureau the Gilroy Visitors Bureau Board of Directors.
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A& C Com.
4-10-01
Motion was made by Councilman Morales, seconded by Councilman Velasco
and carried (Councilman Sudol absent) to reappoint Councilmembers G. Arellano
and Pinheiro as Board members and appoint Councilman Morales as the alternate.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #17-2001 dated May 4,2001;
Letter to George Miller, President, NFP A, noting the City of Gilroy opposition
to NFPA Standard 1710; and
Letter to Senator Wesley Chesbro noting the City of Gilroy support of SB 844.
Customer Service:
Letters of thanks from Debbie Gutierrez and Lisa Ramos, Community
Solutions, to the Gilroy Police Department and John Garcia for their generous
contribution to their first annual "Every One Counts" Sexual Assault Awareness
Month assembly;
Letter of appreciation from Susan Valenta, Chamber of Commerce, to the
Community Services Department crews for the prompt repair of a large hole in a
downtown sidewalk;
Certificate from MACSA to the City of Gilroy for the contribution in making
Santa Clara County a better community;
Letter of thanks from Mark Tarasco, Explorer Sgt., to ChiefGiusiana, Lt.
Smithee, Sgt. Ellevan, Cpl. Provost, and Officer Quinones for the equipment, help,
and support while he attended the Reserve Academy; and
Letter of appreciation from Karyn Sinunu, Assistant District Attorney, for the
representation by Detective Hank Snow on a team which updated the Child Abuse
Protocol for Santa Clara County Law Enforcement, 2001.
Informational items:
Letter from Captain Mark R. Perez, Los Angeles Police Department, informing
the City of Gilroy that Officer Patrick Sullivan successfully completed the DARE
Officer Training seminar;
Gilroy Economic Development Corporation minutes of April 6, 2001; and
Notice of Application for a Gas and Electric Rate Increase: Annual Earnings
Assessment Proceeding.
The minutes of the Arts and Culture Commission meeting of April 10, 2001
were noted.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of April 3, 2001 were
4-3-01 noted.
Lib. Com.
4-11-01
P&RCom.
4-17-01
Pers. Com.
3-12-01
The minutes of the Library Commission meeting of April 11, 2001 were noted.
The minutes of the Parks & Recreation Commission meeting of April 17, 2001
were noted.
The minutes of the Personnel Commission meeting of March 12, 2001 were
noted.
Plan. Com.
5-3-01
Sr. Adv. Bd.
4-16-01
Youth Com.
4-9-01
Plan. Com.
SEI
So. County
Housing
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The report ofthe Planning Commission meeting of May 3,2001 was noted.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Velasco and carried (Councilman Sudol absent) to request the City Administrator
look at some dates to hold joint City Counci1/Planning Commission biannual mini-
retreats.
The minutes of the Senior Advisory Board meeting of April 16, 2001 were
noted.
The minutes of the Gilroy Youth Commission meeting of April 9, 2001 were
noted.
The report of the Planning Commission meeting of May 10,2001 was noted.
The City Administrator distributed a report on the housing trust fund. He
noted a luncheon sponsored by Leadership Gilroy with Assemblymember Simon
Salinas as the keynote speaker giving a state of the district report on June 1, 2001
at noon at the Gilroy Elks Lodge. Councilmembers G. Arellano, P. Arellano,
Morales, Pinheiro, Velasco, and Springer noted their interest to attend.
The Mayor noted a request by the City Administrator to attend the Senior
Executive Institute.
Motion was made by Councilman Morales, seconded by Councilmember G.
Arellano and carried (Councilman Sudol absent) to approve a request by the City
Administrator to attend the Senior Executive Institute.
The Mayor noted a request for a letter of support regarding an application for
low-income housing tax credits for South County Housing Corporation.
Councilman Pinheiro noted that he had a conflict of interest on this item and
would not be voting on it due to business interests.
Motion was made by Councilman Morales, seconded by Councilman P.
Arellano and carried (Councilmember G. Arellano voting no and Councilmembers
Pinheiro and Sudol absent) to send a letter of support regarding an application for
low-income housing tax credits for South County Housing Corporation.
The Mayor noted the Friends and Family Fun Fest event held last weekend in
support of the developmentally disabled community.
Councilman Velasco requested authorization for the Mayor to send a letter of
support for the Roads to Success program. He explained the loss of funding of
$1.6 million over the next two years due to the energy crisis.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and carried (Councilman Sudol absent) to authorize the Mayor to send a
letter of support for the Roads to Success program.
Councilman Morales noted that he was glad that he attended the Friends and
Family Fun Fest last weekend.
Councilman P. Arellano stated that he will miss the Memorial Day celebration.
Councilman Pinheiro reminded everyone of the Memorial Day celebration. He
requested an update on Email for Councilmembers.
Councilmember G. Arellano thanked staff for striping Chestnut Street from
Old Gilroy to Sixth Streets. She requested a timetable for placement of stop signs
at Alexander or Forest Streets.
The Mayor noted the following meetings/events:
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*Meeting will be televised on Channel 17
MAY 2001
21 Report - Signs in the Public Right of Way - 6:00 p.m., Gilroy City Council
Chambers
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
29*Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers
JUNE 2001
4*Library Pre-Design Presentation - 5:30 p.m., Gilroy City Council Chambers
4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
11 Study Session - Presentation by ''For the Game" on outsourcing the Gilroy
Sports Park - 5:30 p.m., Gilroy Senior Center Meeting Room
11 *Redevelopment Agency Forum - 7:00 p.m., Gilroy City Council Chambers
12 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
18 Planning Commission Interviews - 5:30 p.m., Gilroy City Council Chambers
18 Police Department Pre-Design Presentation - 6:00 p.m.,Gilroy City Council
Chambers
18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
27 Quarterly Workshop with the Gilroy Unified School Board - 7:00 p.m.,
Temporary Environmental Education Center (TEEC) building at the Ranch
Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California
JULY 2001
2 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers
2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy
16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
AUGUST 2001
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
14 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
20*Regular City Council Meeting - CANCELLED
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment At 10:00 p.m. the Mayor adjourned the meeting to a closed session pursuant to
Government Code Section 54956.9(a):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of cases: Vinod Patel, et al. V. City of Gilroy
City of Gilroy v. Leavesley Ocean Inn-Vestors
City of Gilroy v. Vinod Patel, dba Pacheco Pass Motel
City of Gilroy v. Vinod Patel, dba Oaks Motel
At 10: 15 p.m. the Mayor reconvened the meeting and announced that no
action had been taken in the Closed Session, and further adjourned the meeting.
Respectfully submitted,
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/S! RHONDA PELLIN
City Clerk