Minutes 2002/04/15
7887
Councilman Arellano noted that he would be standing for most of the meeting,
due to health issues.
The Mayor announced that two items on the agenda, items VI.B. and VIII.A,
would be dealt with together.
Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig
Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W.
Springer - 7:05 p.m.
The City Clerk noted that the agenda had been posted on April 10, 2002
at 1:40 p.m.
Pastor Jonathan Williams, Trinity Bible Church, gave the Invocation.
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
April 15, 2002
Gilroy, California
Roll Call
Posting
Agenda
Invocation
7888
Promoted
Employees
The Mayor introduced promoted employees Marc Stelling, Fire Captain, Fire
Department; Paul Butler, Fire Captain, Fire Department; Mark Ordaz, Fire
Engineer, Fire Department; Randy Decker, Fire Engineer, Fire Department; and
Roy Shackel, Fire Engineer, Fire Department. He noted Colin Martin, Fire
Captain, Fire Department, not present for introduction.
New Employee The Mayor introduced new employee Lisa Dover, Human Resources Analyst,
Administrative Services Department.
Emp.Award
Retired
Commission
Members
The Mayor presented the Employee Award for the Month of April, 2002 to
Susan Johnson, Office Assistant II, Administrative Services Department.
The Mayor noted a certificate for retired Commission member John
Ceballos, Planning Commission, and a certificate for retired Commission
member Len Pugh, Arts and Culture Commission, who were not able to attend.
Proc.-Municipal The Mayor presented a proclamation for Municipal Clerks Week - April 28
Clerks Week through May 4,2002 to Rhonda Pellin.
Proc.-Sexual The Mayor presented a proclamation for Sexual Assault Awareness Month-
Assault April, 2002 to Debbie Gutierrez.
Housing Trust The Mayor noted a report on the Housing Trust Fund by Carl Guardino
Fund and Poncho Guevara.
Recycler of the The Mayor noted a presentation by South Valley Disposal & Recycling, Inc. of
Year the 2001 Business Recycler of the Year to Gilroy Medical Park and noted the 2001
Residential Recycler of the Year, the Hunt Family, who were not able to attend.
Consent
Calendar
Minutes
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
(At 7:57 p.m. Councilman Dillon left the Council Chambers and returned at
8:00 p.m.)
Amos Brown read from the Declaration of Rights and spoke on liberty.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried that the following items under the Consent Calendar be approved, by
the following Roll Call Vote: Ayes: Councilmembers: Peter D. Arellano, Robert
T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and
Thomas W. Springer:
Minutes of the Special and Regular Council Meetings of April 1, 2002;
Prop.Imp.Agr. Property Improvement Agreement No. 2001-64, APN 790-39-033 & 034,
No.2001-64 8050, 8060, 8070 & 8080 Santa Teresa Boulevard;
Surplus Equip. Declared property (computer equipment) as surplus;
Res.2002-23 Adopted Resolution No. 2002-23 declaring its intention to levy Annual
Assessments for Maintenance District No.1, Fiscal Year 2002/2003 and setting a
public hearing thereon;
RESOLUTION NO. 2002-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR
MAINTENANCE DISTRICT NO.1, FISCAL YEAR 2002/2003 AND
SETTING A PUBLIC HEARING THEREON.
PASSED AND ADOPTED this 15th day of April, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Claim
Accept Imp.
Tract 9180
Accept Imp.
Tract 9021
Bid-Mantelli
Gap Closure
& Signal
Project
Res.2002-24
Award Bid
Pub.Hearing
Weeds
Res.2002-25
Weeds
1-889
Denied claim of Martin Villarreal;
Accepted Improvements, Tract 9180, Los Arroyos, Phase 2B, Old Orchard
Company; and
Accepted Improvements, Tract 9021, Mesa Road, Albert Fortino.
The City Administrator and Planner II Durkin presented a recommendation
to award the bid for the Mantelli Gap Closure and Signal Project, Project
No. 02-CDD-540, to The Don Chapin Company in the amount of$I,119,900.00.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to adopt Resolution No. 2002-24 adopting a Statement of Findings and
a Statement of Overriding Considerations in connection with the Santa Teresa
Boulevard Roadway Improvements Project and adopting Mitigation Monitoring
and Reporting Program for the Santa Teresa Boulevard Roadway Improvements
Project.
RESOLUTION NO. 2002-24
A RESOLUTION OF THE GILROY CITY COUNCIL ADOPTING A
STATEMENT OF FINDINGS AND A STATEMENT OF OVERRIDING
CONSIDERATIONS IN CONNECTION WITH THE SANTA TERESA
BOULEVARD ROADWAY IMPROVEMENTS PROJECT AND ADOPTING
MITIGATION MONITORING AND REPORTING PROGRAM FOR THE
SANT A TERESA BOULEVARD ROADWAY IMPROVEMENTS PROJECT.
PASSED AND ADOPTED this 15th day of April, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to award the bid for the Mantelli Gap Closure and Signal Project,
Project No. 02-CDD-540, to The Don Chapin Company in the amount of
$1, 119,900.00.
The Mayor stated it was the time and place scheduled for a Public Hearing
to consider annual destruction or removal of weeds and/or refuse constituting a
public nuisance in the City of Gilroy.
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing. There being no comment from the
audience, the Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to adopt Resolution No. 2002-25 instructing the Fire Chief to Abate
the Nuisance Arising out of weeds growing upon lots in the City of Gilroy
RESOLUTION NO. 2002-25
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INSTRUCTING THE FIRE CHIEF OF THE FIRE DEPARTMENT TO ABATE
THE NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE
ACCUMULATING UPON LOTS IN THE CITY OF GILROY, PURSUANT TO
SECTION 12.51 OF THE GILROY CITY CODE.
PASSED AND ADOPTED this 15th day of April, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
7890
Pub.Hearing
Z 01-10
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Zone Change request from Rl (Single Family Residential) to RI-R3-R4/PUD
(Single Family Residential-Medium Density Residential-High Density
Residential/Planned Unit Development), on property located at 9345 Monterey
Road. Central Valley Corporation, applicant, Z 01-10.
The staff report was noted and further explained by Planner II Durkin.
(At 8: 17 p.m. Councilman Morales left the Council Chambers and returned at
8:19 p.m.)
Councilman Pinheiro recused himself from discussion and vote on these items
due to a possible conflict of interest, and stepped down from the dais.
The Mayor opened the Public Hearing.
Dennis Lalor reviewed the history of the project and the process they went
through meeting with the neighbors. He reviewed site plans for the proposed
project. He requested approval of the project
(At 8:44 p.m. Councilman Arellano left the Council Chambers and returned at
8:45 p.m.)
(At 8:45 p.m. Councilman Velasco left the Council Chambers and returned at
8:48 p.m.)
(At 8:52 p.m. Councilman Dillon left the Council Chambers and returned at
8:54 p.m.)
Barry del Buono noted the referrals to the transitional apartments will be from
various non-profit agencies, the Police Department, the churches, schools,
businesses, etc.
At 9: 17 p.m. the Mayor called a recess, after which he recalled the meeting to
order.
Nancy Johnson noted the area is developed with single family homes. She
stated that she disagrees that apartments should be built there, that there are
enough apartments in the area now. She noted that the apartments can be built
elsewhere. She stated that she agreed with the single family homes and the siting
of the transitional center.
Mike Monroe requested the Council approve the transitional housing center.
Maria Skoczylas stated that she is an advocate for the homeless. She asked the
people in the audience in support of this project to please stand, which they did.
Sister Nancy Thomas noted facts related to the homeless community and the
people who work with them.
Al Slechta noted his support for the transitional center as proposed. He noted
the site selection process for siting this project.
John Underwood noted he is all for a homeless shelter, but doesn't feel that
this one will meet the needs of the Gilroy citizens, and is not the correct site for it.
He spoke on behalf of the children who may be injured by the residents of this
center.
Gina Reyes stated that she lives near the proposed homeless center. She noted
that there are many homes for sale in the area, and is afraid that this center will
affect the value of the homes in the neighborhood. She asked the Council not to
approve a project that will affect so many homeowners. She asked that the site
selection committee revisit the list of proposed sites. She stated that this is not a
proper location for the center.
A/S 01-87
7891
Michael Raney stated that he is not a heartless person, but noted that this is not
an appropriate site for this center. He noted that the survey on the value of homes,
did not reflect the fact that it is difficult to sell a home near a homeless shelter.
Joe Chizuk stated that he has been to every meeting on this issue. He stated
that he feels this can be a well-managed center. He noted his concern with the
amount of low income housing in the area. He stated he has not seen any truth in
what the value of homes will be after the center is built. He asked the City to
reconsider the number of apartments being placed at this location.
Hugh Gailey noted that he is a long time volunteer for the homeless. He asked
the City to go forward with the center.
Timothy Jones stated that he found out about the meetings through leaflets
distributed at his son's school. He commented that this is not the correct site for
this project. He stated that it is too close to a school and a convenience store that
sells liquor.
Marge Albaugh noted where the homeless families are being placed currently.
She noted that families are currently living in cars, because there is no place for
them to go to.
The Mayor closed the Public Hearing.
(At 10:29 p.m. Councilman Dillon left the Council Chambers, and returned at
10:31 p.m.)
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Pinheiro 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 ( c) there is no substantial
evidence that the project will have a significant effect on the environment, to
include an additional mitigation measure to read: 24. An all-purpose/all-weather
sidewalk will be constructed along the north side of Farrell Avenue from Monterey
Road to the bridge.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Pinheiro absent) to direct staff to prepare an ordinance
approving Z 01-10 removing the proposed designation to R4 (High Density
Residential).
The Mayor deviated from the regular order of the agenda to accommodate
interested persons in the audience.
The Mayor noted a PUD Architectural & Site Review request for a homeless
shelter and associated development, on property zoned Rl (Single Family
Residential), located at 9345 Monterey Road. Central Valley Corporation,
applicant, A/S 01-87.
(At 11 :35 p.m. Councilman Dillon left the Council Chambers and returned at
11 :37 p.m.)
Motion was made by Councilman Dillon, seconded by Councilman Velasco to
direct staff to prepare a resolution approving A/S 01-87, with three additional
conditions to read: 26. The owners of the complex will present a report annually
for three consecutive years to the City Council regarding the operation of the
facility.,27. The rental use of the units shall be restricted to social agency case-
managed housing needs., and 28. A sign shall be constructed and placed on the
frontage of the property announcing "Future Home of a Reception Center and
Transitional Housing." and the following motion was proposed as an amendment.
Motion was made by Councilman Arellano to amend the previous motion to
make all buildings two stories with a maximum of 48 units, and the motion died for
lack of a second.
Motion was made by Councilman Dillon, seconded by Councilman Velasco
7892
and carried (Councilman Arellano voting no and Councilman Pinheiro absent) to
direct staff to prepare a resolution approving NS 01-87, with three additional
conditions to read: 26. The owners of the complex will present a report annually
for three consecutive years to the City Council regarding the operation of the
facility., 27. The rental use of the units shall be restricted to social agency case-
managed housing needs., and 28. A sign shall be constructed and placed on the
frontage of the property announcing "Future Home of a Reception Center and
Transitional Housing."
F or the record Councilman Arellano stated that his vote was not against the
homeless shelter, but rather to the configuration.
Councilman Pinheiro returned to his seat at the dais.
The Mayor returned to the regular order of the agenda.
At 11 :35 p.m. the Mayor called a recess, after which he recalled the meeting to
order.
Pub.Hearing
GPA 99-01
The Mayor stated it was the time and place scheduled for a Public Hearing on
the General Plan Update to reconsider the land use determination on property
located along Miller Avenue, southwest of Santa Teresa Boulevard (37.19 acre
parcel, APN 810-23-005). City of Gilroy, applicant, GPA 99-01.
Motion was made by Councilman Gartman, seconded by Councilman Pinheiro
and carried to continue this request to June 13, 2002 due to continuance by the
Planning Commission.
Garbage
Charges
The Mayor noted a continued hearing to consider revision and adjustments of
charges for the collection of garbage, rubbish and refuse in the City of Gilroy.
The staff report was noted and further explained by the City Administrator and
Keith Hester.
Res.2002-26 Motion was made by Councilman Dillon, seconded by Councilman Velasco
and carried to adopt Resolution No. 2002-26 setting maximum charges for the
collection of garbage, rubbish, refuse and recyclable materials, as modified to
include wording regarding the "Special Requests for Extraordinary Rate
Adjustments. "
RESOLUTION NO. 2002-26
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 15th day of April, 2002, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: PINHEIRO
ABSENT: COUNCILMEMBERS: NONE
Councilman Pinheiro requested that South Valley Disposal and Recycling give
an update to the Council prior to their rate increase request next year
SPE 02-01
The Mayor noted a Small Project Exemption request for eleven (11) single
family residential units on property zoned Rl (Single Family Residential), located
west of Church Street, across from Woodworth Way. Mark Hewell, applicant,
SPE 02-01.
The staff report was noted and further explained by Planner II Casper.
Mark Hewell, Hewell & Sheedy Construction, noted his intention to develop
the property consistent with properties adjacent to this parcel. He explained that
for an additional emergency access, he proposed turf block for aesthetic reasons.
7893
Motion was made by Councilman Morales, seconded by Councilman Pinheiro
and carried to direct staff to prepare a resolution approving SPE 02-01 for up to
eleven (11) units.
SPE 02-02
The Mayor noted a Small Project Exemption request for five (5) single family
homes on property zoned R2-PUD, located on Hoover Court, west of Roger's
Lane. K.O.W.P.I. (c/o Wiley Capela), applicant, SPE 02-02.
The staff report was noted and further explained by Planner II Durkin.
April Creson reviewed the project
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to direct staff to prepare a resolution approving SPE 02-02 for up to
five (5) units.
SPE 02-03
The Mayor noted a Small Project Exemption request for five (5) multi-family
residential units on property zoned R3 (Medium Density Residential), located at
600 E. Eighth Street. Joe Rocha, applicant, SPE 02-03.
Councilman Pinheiro recused himself from discussion and vote on this item due
to a conflict of interest and stepped down from the dais.
The staff report was noted and further explained by Planner II Casper.
Joe Rocha stated that there will be a manager on site.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried (Councilman Pinheiro absent) to direct staff to prepare a resolution
approving SPE 02-03 for up to five (5) units.
Councilman Pinheiro returned to his seat at the dais.
Appt. -Juvenile The Mayor noted a request for appointment to the Juvenile Detention Reform
Detention Planning Committee.
Reform Com.
Motion was made by Councilman Dillon, seconded by Councilman Velasco
and carried to appoint Councilman Morales to the Juvenile Detention Reform
Planning Committee.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #14-2002 dated April 5, 2002.
Customer Service:
Note of thanks from Janette Palacios, National Farm Workers Service Center,
to Jim Maestri for his assistance during the purchase of the Gilroy Apartments;
Memorandum of recognition from Lisa Jensema to Lupe Perez and Jose Muniz
for their assistance with a neighborhood cleanup;
Email of appreciation from Lisa Jensema to Angie Rubio for all the extra work
she has taken on for her;
Letter of appreciation from Dr. Gregg Adams, Santa Clara Valley Medical
Center, for the professionalism of Officer Wes Stanford;
Letter of thanks from Tom Huff, South Bay Regional Public Safety Training
Consortium, to Officer Stan Devlin for his help and support with an exercise; and
7894
Plan. Com.
4-4-02
SCRWA
2-26-02
3-12-02
Email of appreciation from Rosanna Pellin regarding Tish Fallis and her
friendly, responsive, and efficient assistance with requests/needs.
Informational items:
Supervisory Recognition by the City of Gilroy Police Department to Officer
Wes Stanford for assisting the Sheriff's Office with a case;
Supervisory Recognition by the City of Gilroy Police Department to
Community Service Officer Al Castro for assisting with surveillance of a stolen
auto;
Supervisory Recognition by the City of Gilroy Police Department to Mary
Anders, Steve Baty, Patty Harrell, Dave Rivers, Jim Stephens, Phyllis Ward, and
Steve Y nzunza for creating a GEO/GIS file;
Article from the Gilroy Business Focus - April, 2002 announcing the
presentation of the Nob Hill Foods "Good Egg" award to Police Chief Gregg
Giusiana;
Gilroy Economic Development Corporation minutes of March 8, 2002;
Letter from Kris Casto, President, Santa Clara County Cities Association,
extending to Craig Gartman recognition and thanks for outstanding work for their
successful 2002 Legislative Advocacy trip;
Letter from Dan McGough, Charter Communications, notice of rate
adjustment; and
Information from the Advisory Council of the Council on Aging.
The report ofthe Planning Commission meeting of April 4, 2002 was noted.
The minutes of the South County Regional Wastewater Authority meetings of
February 26,2002 and March 12,2002 were noted.
The City Administrator distributed RDO information for the May 28, 2002
meeting. He announced a meeting with the Gilroy Unified School District on
Wednesday, May 8,2002 at 7:00 p.m. at the School District offices. He
announced that the City resolved the problem for James Gailey. He distributed a
report regarding the financial analysis of the streetscape project.
The Mayor announced an ABAG General Meeting on April 25th and asked if
there was anyone that could attend in Oakland all day. Councilman Arellano
stated that he might be able to go.
Councilman Arellano thanked the Councilmembers and staff for the flowers,
cards, and calls for his mother's funeral. He thanked Geralyn Fortino and Theresa
Hernandez for singing at his mother's mass.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
APRIL 2002
15 Presentation - Review of the newly designed web site - 6:00 p.m., Gilroy City
Council Chambers
15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
22*Special City Council Meeting-General Plan - 6:30 p.m.,Gilroy City Council
Chambers (If Needed)
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
r~
Adjournment
7895
29 Special Meeting - RDA Task Force Appt. - 6:30 p.m., Gilroy City Council
Chambers
29 Study Session - Impact Fees Discussion - 6:45 p.m., Senior Center Meeting
Room
MAY 2002
3 City Council Mini-Retreat - 8:00 a.m. to 2:00 p.m., Temporary Environmental
Education Center (TEEC) building at the Ranch Site, Christmas Hill Park,
7049 Miller Avenue, Gilroy, California
6 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
13 * Study Session - Financial Plan - 6:30 p.m., Gilroy City Council Chambers
14 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
20*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
28*Special City Council Meeting (RDO Public Hearing and Allocation) - 6:30
p.m., Gilroy City Council Chambers
JUNE 2002
3*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
1 0* Special City Council Meeting (RDO Allocation) - 6:30 p.m., Gilroy City
Council Chambers (If Needed)
11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
13*Special City Council Meeting (General Plan) - 6:30 p.m., Gilroy City Council
Chambers
1 7* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
25 SCR W A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 1: 15 a.m. the Mayor adjourned the meeting in memory of Mrs. Arellano.
Respectfully submitted,
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J /./; t/
\ . /;1, /, " /1 /' (/ .
\ I L-fJt~( t"., I .--cA /C/_
/s;' RHONDA PELLIN, CMC
City Clerk