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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, "")/ )'" J /./; t/ \ . /;1, /, " /1 /' (/ . \ I L-fJt~( t"., I .--cA /C/_ /s;' RHONDA PELLIN, CMC City Clerk