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Minutes 2001/05/21 Posting Agenda Roll Call 7" ...' I I.~ .) 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. 7 -7 -, , /_ fJ 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). 77 ,""~ l ,_ / 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. 7'7 ~) ~ 1.- 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. '_ 7' !' r\ l I_? l 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. 7' "7 -~ 1\ __J \; 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 77'::) 1 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: 7 '7' ~r ," OJ/ *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, '-~d^ ~~~, /S! RHONDA PELLIN City Clerk