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Minutes 2002/07/15 Posting Agenda Roll Call 7939 Regular Meeting July 15, 2002 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The City Clerk noted that the agenda had been posted on July 10, 2002 at 11 :30 a.m. Present: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer - 7:01 p.m. Under Orders of the Day, the Mayor noted that the Council will consolidate items VI.C., VI.D., and VIII.B., which will be discussed all at one time. He noted that City Clerk Rhonda Pellin is celebrating her 50th birthday and also her 30th wedding anniversary and everyone sang Happy Birthday to her. Promoted Emp. The Mayor introduced promoted employees Kurt Svardal, Police Sergeant, Police Department and Jason Kadluboski, Police Corporal, Police Department. New Emp. Consent Calendar Minutes Ord. 2002-11 The Mayor introduce new employees Steven Findley, Police Officer, Police Department and Cynthia G. Taylor, Office Assistant I, Community Development Department. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Robert F. Sigala spoke regarding his property at 9555 Santa Teresa Boulevard. He gave a history of the problems that he has encountered over the years. He asked that the City fulfill their obligation to cut the weeds and grass near his property. The City Administrator stated that he would look into this request. 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, Roland Velasco, and Thomas W. Springer; Absent: Councilman Al Pinheiro: Minutes of the Regular Council Meeting of July 1, 2002; Adopted Ordinance No. 2002-11 amending Gilroy Zoning Ordinance Section 50.62 to add a subsection to exempt transitional housing units from the provisions of the Residential Development Ordinance, City of Gilroy, Z 02-02; ORDINANCE NO. 2002-11 AN ORDINANCE OF THE CITY OF GILROY AMENDING GILROY ZONING ORDINANCE SECTION 50.62 TO ADD A SUBSECTION TO EXEMPT TRANSITIONAL HOUSING UNITS FROM THE PROVISIONS OF THE RESIDENTIAL DEVELOPMENT ORDINANCE, CITY OF GILROY, Z 02-02. PASSED AND ADOPTED this 15th day of July, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO Res. 2002-53 Adopted Resolution No. 2002-53 establishing the July 1, 2002 salary schedule for Part-Time, Temporary, and Seasonal employees; 7940 RESOLUTION NO. 2002-53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING THE JULY 1, 2002 SALARY SCHEDULE FOR PART- TIME, TEMPORARY, AND SEASONAL EMPLOYEES. PASSED AND ADOPTED this 15th day of July, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO Res. 2002-54 Adopted Resolution No. 2002-54 establishing the July 1,2002 and January 1, 2003 salary schedules for Exempt Personnel; RESOLUTION NO. 2002-54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING THE JULY 1,2002 AND JANUARY 1,2003 SALARY SCHEDULES FOR EXEMPT PERSONNEL. PASSED AND ADOPTED this 15th day of July, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO Res. 2002-55 Adopted Resolution No. 2002-55 approving the application for grant funds for the California Heritage Fund Grants Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of2000; RESOLUTION NO. 2002-55 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA HERITAGE FUND GRANTS PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000. PASSED AND ADOPTED this 15th day of July, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO Uncollectible Accounts Approved Write-Off of Uncollectible Utility Accounts; Accept Impr. Accepted Improvements for Church, Eigleberry, 5th and 8th Streets Waterline Waterline and and Springdale Court Sewerline, Project No. 01-CDD-536, RGW Construction, Sewerline Inc.; Accept Impr. Accepted Improvements for Luchessa Avenue, Rossi Lane, Southside Drive Sewer Trunk and Engle Way Sewer Trunk Main, Project No. 01-CDD-535; Main Res. 2002-56 Adopted Resolution No. 2002-56 authorizing participation in the Local Agency Workers' Compensation Excess Joint Powers Authority; and RESOLUTION NO. 2002-56 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING PARTICIPATION IN THE LOCAL AGENCY WORKERS' COMPENSATION EXCESS JOINT POWERS AUTHORITY. PASSED AND ADOPTED this 15th day of July, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO Budget Budget Amendments/Transfers as recommended. 7941 Bid-Bridge Widenings The City Administrator presented a recommendation to award the bid for bridge widenings Church Street at Miller Slough and Welburn Avenue at Miller Slough, Project No. 01-CDD-529, to Granite Construction Company in the amount of$838,838.00. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to award the bid for bridge widenings Church Street at Miller Slough and Welburn Avenue at Miller Slough, Project No. 01-CDD-529, to Granite Construction Company in the amount of$838,838.00. Bid-Christmas The City Administrator presented a recommendation to reject the May 8, 2002 Hill Park bid, Project No. 02-CDD-545 due to insufficient resources and award re-bid for Misc.Impr. Christmas Hill Park Miscellaneous Improvements, Project No. 03-CDD-I00, to Perma-Green Hydroseeding in the amount of$1,518,967.00 and to include the Add Alternate for ADA Playground Surfacing at Miller and San Y sidro Parks in the amount of$37,150.00 for a total of$1,556,117.00. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to reject the prior bid of May 8, 2002 for Project No. 02-CDD-545 due to insufficient resources. Motion was made by Councilman Morales, seconded by Councilman Gartman and carried to award re-bid for Christmas Hill Park Miscellaneous Improvements, Project No. 03-CDD-I00, to Perma-Green Hydroseeding in the amount of $1,518,967.00 and to include the Add Alternate for ADA Playground Surfacing at Miller and San Ysidro Parks in the amount of$37,150.00 for a total of $1,556,117.00. Pub.Hearing Liens for Garbage The Mayor stated it was the time and place scheduled for a Public Hearing to consider placement ofliens for non-payment 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. The Mayor opened the Public Hearing. There being no comment from the audience, the Mayor closed the Public Hearing Res. 2002-57 Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to adopt Resolution No. 2002-57 regarding the imposition of a special assessment lien the costs of delinquent garbage collection services for certain properties located in Gilroy, California. RESOLUTION NO. 2002-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGARDING THE IMPOSITION OF A SPECIAL ASSESSMENT LIEN THE COSTS OF DELINQUENT GARBAGE COLLECTION SERVICES FOR CERTAIN PROPERTIES LOCATED IN GILROY, CALIFORNIA. PASSED AND ADOPTED this 15th day of July, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Pub. Hearing TM 02-02 The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide 35 acres of hillside area into 39 residential hillside lots, on property zoned RH (Residential Hillside), located between Mantelli Drive and Valley Oaks Drive. Mantelli Trust, applicant, TM 02-02. The staff report was noted and further explained by Planner II Casper. It was noted that the streets in this subdivision are private streets. The City Attorney explained the processes that could occur to allow police services on private streets. 7942 Pub.Hearing Z 02-04 Pub.Hearing TM 01-08 AlS 02-14 The Mayor opened the Public Hearing. Philip Ladd, representing the Mantelli Family Trust, addressed the area ofthe protected plant species. He noted that the area has diminished due to the lack of cattle grazing. The Mayor closed the Public Hearing. Rob Oneto, RJA, representing the Mantelli Family Trust, reviewed a solution regarding the issue of the habitat conflict. He stated that they can move the fuel transition zone to the 150' line and 30' outside that. Motion was made by Councilman Gartman, seconded by Councilman Arellano and carried to continue the request to August 5, 2002 for additional time to review the map and proposed revisions to the map. 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-PUD (Single Family Residential-Planned Unit Development) combining district, on property located at 197 Farrell Avenue. James Kennedy, applicant, Z 02-04. The staff report was noted and further explained by Planner I Polubinsky. (At 8:31 p.m. Councilman Dillon left the Council Chambers, and returned at 8:33 p.m.) The Mayor opened the Public Hearing. James Kennedy stated that the City of Gilroy Traffic Engineer requested that the homes be oriented sideways due to the curve in the street, since there might be a safety issue. He noted that the tot lot is more like a small park. He noted that the three parking spaces can be removed from in front of the tot lot, since they have adequate on-site parking for the project. He noted that there are options as far as the number of bedrooms in the units. In answer to a question, he stated that the tot lot is not required, if the Council has a problem with it, that it can be removed. The Mayor closed the Public Hearing Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried to direct staff to prepare an ordinance approving Z 02-04. The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request for a twelve-unit subdivision, on property zoned Rl (Single Family Residential) and proposed to be RI-PUD (Single Family Residential-Planned Unit Development) zone, located at 197 Farrell Avenue. James Kennedy, applicant, TM 01-08. The Mayor opened the Public Hearing. There being no comment from the audience, the Mayor closed the Public Hearing. Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried (Councilmembers Gartman and Springer voting no) to direct staff to prepare a resolution approving TM 01-08 as modified to include the tot lot, but removing the three parking spaces in front of the tot lot, and to add wording regarding the requirement to provide an approved turn-around as directed by the Deputy Fire Marshal, and that this issue will be resolved prior to final map. The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. The Mayor noted an Architectural and Site review request for a twelve unit subdivision, on property zoned RI (Single Family Residential) and proposed to be RI-PUD (Single Family Residential-Planned Unit Development) zone, located at 197 Farrell Avenue. James Kennedy, applicant, AlS 02-14. Pub.Hearing Dev.Impact Fees 7943 Motion was made by Councilman Pinheiro, seconded by Councilman Morales and carried (Councilman Gartman voting no) to direct staff to prepare a resolution approving A/S 02-14 as modified to add condition # 1 0, in the Planning Division section, to add aesthetic enhancements to the side facades of the units. The Mayor returned to the regular order of the agenda. At 8:57 p.m. the Mayor called for a recess, after which he recalled the meeting to order. The Mayor stated it was the time and place scheduled for a Public Hearing on the proposed changes to the 2002-2003 Development Impact Fees for the City of Gilroy. (At 9: 10 p.m. Councilman Arellano left the Council Chambers, and returned at 9:11 p.m.) The staff report was noted and further explained by the City Administrator and City Engineer Smelser. The City Attorney noted that staff feels there is nexus to the proposed fees. The Mayor opened the Public Hearing. Jennifer Cloonan, Home Builders Association of Northern California (HBA), thanked Council and staff for working with them in determining what is allowable under AB 1600. She noted that HBA is appreciative that the City has started the process to hire a consultant to analyze the City fee structure. She eXplained that HBA would like to keep the impact fees at their current levels while the consultant .. . reVIew IS on-gomg. The Mayor closed the Public Hearing Res.2002-58 Motion was made by Councilman Velasco, seconded by Councilman Arellano and carried to adopt Resolution No. 2002-58 revising the Development Impact Fees charged by the Community Development Department. M 02-05 RESOLUTION NO. 2002-58 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING THE DEVELOPMENT IMP ACT FEES CHARGED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. PASSED AND ADOPTED this 15th day of July, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The Mayor noted a request to adopt a Transitional Housing Policy delineating the specific criteria exempting transitional housing projects from the RDO. City of Gilroy, applicant, M 02-05. The staff report was noted and further explained by Planner II Durkin. Cristy Hamley, Emergency Housing Consortium (EHC), noted that she has submitted a letter with their comments. She explained what they define as "at immediate risk ofhomelessness", in that the family within the next 30 days will have no place to go. Jan Lindenthal, South County Housing, noted the difference between a contract and a Conditional Use Permit (CUP) application and noted her concern with the need for a CUP. 7944 Motion was made by Councilman Dillon, seconded by Councilman Morales and carried to approve the Transitional Housing Policy as amended with a change that the definition of at-risk according to HUD is included, to amend the wording to require an automatic fire alarm sprinkler system and remove all references to smoking, and that a portion of the units shall be non-smoking. Comp.Fee Schedule The Mayor noted a request to consider revisions and adjustments to the Comprehensive Fee Schedule. The staff report was noted and further explained by the City Administrator. Motion was made by Councilman Pinheiro, seconded by Councilman Velasco and carried to continue the request to a study session on September 9,2002. RDA The Mayor noted Redevelopment Agency (RDA) Task Force recommendations for Redevelopment Plan and Project Area Form~tion. Councilmembers Pinheiro and Morales recused themselves from discussion and vote on this item due to a conflict of interest in that they own property in close proximity to this request, and stepped down from the dais. (At 10:33 p.m. Councilman Dillon left the Council Chambers, and returned at 10:35 p.m.) The staff report was noted and further explained by the City Administrator and Administrative Services Director. Cathy Caserza-Light noted the make-up of the RDA Task Force, and the meetings that the members attended. She stated that the members voted 9-1 to move forward to the next level to define the RDA area. She noted that also by a vote of 9-1 that the issue of eminent domain be removed, and left to the City Council for review and discussion. She requested the City Council vote to move forward with Phase II. Ron Erskine noted the discussions regarding eminent domain. He stated that a fully effective RDA needs eminent domain to fully function, but the Task Force realized the political issues in regard to this issue. He explained that eminent domain will probably not ever be used in Gilroy. He noted that everyone who attended the meetings were heard. He did agree that there are risks to an RDA, but there are potential benefits. Rick Mello noted that he disagrees with everything on the RDA map. He reviewed the minority report that he prepared. He noted that once this is established, it is very difficult to remove. He stated that even if eminent domain was removed, he still would not support the RDA. Felicia Rosas stated her concern with what the Council will do to renovate downtown. She stated that our City is dirty and needs cleaned up. She stated that her property was taken by the City under eminent domain. Mark Zappa spoke against the creation ofthe RDA. He noted his concerns with eminent domain. Jack Kazanjian stated that he is not sure that the City Attorney is correct that the statutes for eminent domain law are the same for the City Council and the Redevelopment Agency. Cynthia Walker noted that bonds can be put on the ballot and it would take 55% of the vote to pass, versus having to get 4 out of7 votes to pass by a Redevelopment Agency. Motion was made by Councilman Velasco, seconded by Councilman Arellano and carried (Councilmembers Morales and Pinheiro absent) to continue this item to a study session on July 29,2002 at 6:00 p.m. 7945 Councilmembers Morales and Pinheiro returned to their seats at the dais. (At 11 :55 p.m. Councilman Arellano left the Council Chambers and returned at 11 :59 p.m.) (At 11 :55 p.m. Councilman Dillon left the Council Chambers and returned at 11 :57 p.m.) (At 11 :57 p.m. Councilman Gartman left the Council Chambers and returned at 12:00 a.m.) Joy A. Franco The Mayor noted an Email of resignation from Joy A. Franco, Youth Commission member. Motion was made by Councilman Dillon, seconded by Councilman Morales and carried (Councilmembers Arellano and Gartman absent) to accept the resignation with regrets. Youth Com. The Mayor noted appointment of Youth Commission members. Motion was made by Councilman Pinheiro, seconded by Councilman Gartman and carried to appoint all ten applicants and allow them to draw straws at their first meeting to see who would have a one year term vs. a two year term. Mayor Protempore The Mayor noted appointment of Mayor Protempore from August 1,2002 to March 30,2003. Motion was made by Mayor Springer, seconded by Councilman Velasco and carried to appoint Councilman Arellano as Mayor Protempore from August 1, 2002 to March 30,2003. Lib.Dev.Fee The Mayor noted an Ordinance adding Article VII, commencing with Section 21.150, to Chapter 21 of Gilroy City Code to authorize the imposition of Development Impact Fees to fund library construction. The staff report was noted and further explained by the City Administrator. Motion was made by Councilman Velasco, seconded by Councilman Gartman 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 the Ordinance approving adding Article VII, commencing with Section 21.150, to Chapter 21 of Gilroy City Code to authorize the imposition of Development Impact Fees to fund library construction. The following informational items were noted with no separate discussion on same: Legislation: League of California Cities Priority Focus #25-2002 dated June 21, 2002; and League of California Cities Priority Focus #26-2002 dated July 1,2002. Customer Service: Memorandum of appreciation from Marilyn Roafto Lorraine Bursese for her work in organizing and running the South County Pre-Apprenticeship Program; Letter of thanks from Myra Esparza and Ryan Alves to Jay Baksa for the Customer Service workshop he presented at the 2002 "Summer Staff In-Service Training;" and 7946 Letter of thanks from J 0 Ann Robertson to Theresa Marquez for excellent assistance in researching the City of Gilroy and Police Department. Informational items: Minutes of May 3,2002 and information from the Advisory Council, Council on Aging; City of Gilroy Investment Report dated May, 2002; Gilroy Economic Development Corporation minutes of June 14,2002; Article from the Gilroy Business Focus dated July 2002 entitled "The business of government in Gilroy" by Terry Feinberg; Community Development Department - Planning Division monthly report of long-range applications and status ofRDO allocation & activity dated June 18, 2002; and Letter from Californians for Local Coastal Planning regarding State Takeover of Coastal City Land use Decisions. SCRWA 6-11-02 The minutes of the South County Regional Wastewater Authority meeting of June 11,2002 were noted. Personnel Com. The minutes of the Personnel Commission meetings of January 10,2002 and 1-10-02 April 8, 2002 were noted. 4-8-02 The City Administrator requested the Councilmembers retain their copies of the Comprehensive Fee Schedule so that it does not have to be copied again. He distributed a memo from Jim Rogers from the School Board inviting the Council to a public meeting on July 18th regarding receiving comments on the upcoming bond issue. He stated that on the August 5, 2002 agenda on the Consent Calendar, there will be a resolution to pass regarding a request from the Land Trust for Santa Clara County. He noted that the Land Trust is looking at purchasing the development rights to the conservation easements on some land on Highway 25. The City Attorney noted that today was the deadline for a referendum or law suit on the General Plan to be filed. The Mayor, on behalf of VT A, invited the Councilmembers and staff to the official ground breaking on July 24th at 10:00 a.m. at Gilroy Foods for the Route 152 Improvements Project. He noted that based on the work done by the South County Policy Advisory Board to the County Expressway Study, the work is being shifted to a VTA PAB, which will be formally adopted this Thursday. He commented on the very successful July 13th car show in downtown Gilroy. Councilman Gartman wished everybody the best for a successful Garlic Festival. Councilman Velasco noted his frustration with Councilmembers having to recuse themselves from major City policy decisions. He requested the City Attorney talk to the FPPC regarding this issue. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 JULY 2002 15 Youth Commission Interviews - 6:00 p.m., Gilroy City Council Chambers 15*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 22 Workshop/Discussion ofRDO Applications - 6:00 p.m., Gilroy Senior Center Meeting Room 23 SCRWAlSCVWD Joint Special Meeting - 10:30 a.m. to 3:00 p.m., 1500 Southside Drive, Gilroy l Adjournment " . . ., ,',"'''''':- "":"',"".C"'''."i.i_''''".,.";.;",.",~,:.:~:<-,,,,,~jJ~-':'':.:..._~., 7947 AUGUST 2002 5*Regular City Council Meeting - 6:00 p.m., Gilroy City Council Chambers (NOTE TIME CHANGE) 13 SCR W A Meeting - 7: 3 0 a. m., 1500 Southside Drive, Gilroy 19*Regular City Council Meeting - 7:00 p.m., City Council Chambers (CANCELLED) 27 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy SEPTEMBER 2002 3*Regular City Council Meeting - 6:00 p.m., Gilroy City Council Chambers 6 City Council Mini-Retreat - 8:00 a.m. to 2:00 p.m., Willey Cultural Center, 140 Fifth Street, Gilroy 10 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 16*Regular City Council Meeting - 7:00 p.m., City Council Chambers 24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy OCTOBER 2002 7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 SCRWAMeeting -7:30 a.m., 1500 SouthsideDrive, Gilroy 21 *Regular City Council Meeting - 7:00 p.m., City Council Chambers 22 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy At 12:22 a.m. the Mayor adjourned the meeting. Respectfully submitted, )'") _./ "Y .; -J'.( /.j'- \ ". ( / ,_I',-~1../',_ <.... _ C ( ;:'., /s/ ONDA PELLIN, CMC City Clerk