Minutes 2000/03/06
7 4,"'> ,
.' '- 7 't
Posting
Agenda
Roll Call
Emp. Award
Proc. -Science
Fair Week
Regular Meeting
March 6, 2000
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Deputy City Clerk Bentson noted that the Agenda had been posted on March
1,2000 at 11:35 a.m.
Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S.
Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W.
Springer - 7:00 p.m.
The Mayor presented the Employee Award for the Month of January, 2000, to
Nory Torres, Crime Prevention Technician, Police Department.
The Mayor presented a proclamation for Science Fair Week - March 13-19,
2000 to Frank Crosby.
Proc.-Renais. The Mayor presented a proclamation for Renaissance Academic Excellence
Academic Wk. Week March 13-17,2000 to Jack Daley and Linda Contreras.
Proc.-Arbor Day The Mayor noted a proclamation for Arbor Day, March 11,2000, which was
previously presented to Rick Brandini.
Proc.-Women's The Mayor presented a proclamation for Women's History Month - March,
History 2000 to M. A. Bowe.
Pres.-SVDR
Recyclers
City's 130th
Birthday
Consent
Calendar
Minutes
Res. 2000-11
Budget
The Mayor noted a presentation by South Valley Disposal & Recycling, Inc. to
Granite Rock for Business Recycler of the Year, which Peter Burg accepted; and
the Tapia Household as the Residential Recycler ofthe Year. Mr. And Mrs.
Tapia's son and granddaughter accepted the award on their behalf.
Mayor Springer invited Connie Rogers to give a report on the status of the
City's BOth birthday celebration and the various events planned for Sunday, March
12,2000. She thanked everyone for their help in planning this event.
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, Anthony C. Sudol
III, Roland Velasco, and Thomas W. Springer:
Minutes of the Regular Council Meeting of February 22,2000;
Adopted Resolution No. 2000-11 initiating proceedings for the annual levy of
assessments for Maintenance District No.1, except for territory within Annexation
No.3, for Fiscal Year 2000/2001.
RESOLUTION NO. 2000-11
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF
ASSESSMENTS FOR MAINTENANCE DISTRICT NO.1, EXCEPT FOR
TERRITORY WITHIN ANNEXATION NO.3, FOR FISCAL YEAR 2000/2001.
PASSED AND ADOPTED this 6th day of March, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Budget Amendments/Transfers as recommended;
74) ';
Res. 2000-12 Adopted Resolution No. 2000-12 approving A/S 99-55 (PUD), an application
for Architectural and Site approval of a Planned Unit Development (PUD) to allow
for the construction of a four-story, 96-unit motel within a larger PUD project site,
APN 841-75-005, Gilroy Ramada Partnership, applicant.
RESOLUTION NO. 2000-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 99-55 (PUD), AN APPLICATION FOR ARCHITECTURAL
AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) TO
ALLOW FOR THE CONSTRUCTION OF A FOUR-S~RY, 96-UNIT MOTEL
WITHIN A LARGER PUD PROJECT SITE, APN 841-75-005, GILROY
RAMADA PARTNERSHIP, APPLICANT.
PASSED AND ADOPTED this 6th day of March, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
LJW Enterprises Accepted improvements for LJW Enterprises, Inc., Tracts 8665 & 8898,
Tract 8665 Heritage Place, Phases I & II; and
Tract 8898
Rev. Minutes
Plan. Com.
Report
Bid-Police
Interceptors
Pub.Hearing
M 99-10
ARE 99-01
Revised Minutes of the Regular Council Meeting of February 7, 2000.
Cat Tucker, Planning Commission Chairperson, gave a report on the
accomplishments of the Planning Commission, including work on the General Plan.
She stated Commissioners attended the League of California Cities Planning
Commission conference. She noted that the Commission is currently holding
Public Hearings on the RDO competition. She stated the Planning Commission
will hold two retreats this year. She thanked staff for all oftheir help.
City Administrator Baksa presented a recommendation to rescind a previous
approval to purchase Police Interceptors from Miracle Ford and purchase ten (10)
Year 2000, Ford Crown Victoria Police Interceptors from Bob Lynch Ford in the
amount of$234,047.30. He explained that the previous approval was a tag-on
bid with Miracle Ford of Pasadena, California, but Bob Lynch Ford has requested
the opportunity to submit a bid. He noted that since the purchase must be made by
March 15, 2000, this is a highly unusual situation. He explained that the Council
may waive the bid process procedure in a case such as this. He stated that since
the City of Gilroy has not yet placed this order through Miracle Ford, we have not
created a liability on the City's part, since Miracle Ford is not relying on this order
to complete the purchase.
Motion was made by Councilman Velasco, seconded by Councilman Sudol and
carried to rescind the previous approval of February 22, 2000 awarding the bid to
Miracle Ford (Pasadena, California) in the amount of$238,580.00.
Motion was made by Councilman Velasco, seconded by Councilmember G.
Arellano and carried to waive the bid process pursuant to Bid Process Section 2,
Procedure # 14.
Motion was made by Councilman Velasco, seconded by Councilmember G.
Arellano and carried to approve the purchase often (10) Year 2000, Ford Crown
Victoria Police Interceptors from Bob Lynch Ford in the amount of $234,047.30.
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on an Affordable Housing Exemption request pursuant to Zoning
Ordinance Section 50.62(b)( 4) to allow the construction of 46 housing units
consisting of 45 low-income studio apartments and one manager's unit, to be
developed as a part of the proposed City Plaza project to be constructed at 7598
Monterey Street, within the C2-HN (Central District Commercial-Historic
Neighborhood) zoning District. North Point Management (c/o Bruce Tingey)/
Darrel Kelly, applicant, M 99-10 (ARE 99-01).
7A 9 ()
The City Administrator distributed letters from Glen Loma Group stating that
American Housing Partners no longer has an option on the property that was
approved for an Affordable Housing Exemption for Victoria Woods for 75 units.
Mr. Baksa noted that American Housing Partners advised that they are unwilling
to relinquish the exempted units at this time. Mr. Baksa noted that the approved
Architectural & Site Review approval will expire on September 8,2000. City
Attorney Callon advised that the American Housing Partners have not yet fulfilled
their obligation to enter into an Affordable Housing Exemption Agreement. The
Mayor noted, and it was confirmed by City Attorney Callon, that the exempted
units are specific to the site for the Victoria Woods project and are not
transferable.
\
The Mayor proposed that precedent could be used by the Council to borrow
RDO allocations to award to the City Plaza project, and if the Victoria Woods
units are returned, the number could be credited back to offset. City Attorney
Callon stated that any action borrowing from future allocation would need to be
held during the April meeting to review annual allocations.
The Mayor opened the Public Hearing.
Darrell Kelly, 670 Glenview Court, spoke in support ofthe request, noting that
there are 234 available allocations that are not vested, and there are 301 requests
for those allocations. He noted that he wants to be in the race for these units. He
noted that a parking study is in process, and a preliminary count indicates that
there is not a parking problem.
Steve Ashford, 7547 Monterey Street, stated his concerns regarding
parking.
The City Attorney eXplained that only commercial businesses may use the
parking district parking spaces.
Frank Mendiola, owner of7565 Monterey and past President ofthe GDDC,
noted his letter in the packet with concerns regarding parking.
Dave Peoples, President of the GDDC, stated that he owns a business on Sixth
Street and noted his concerns regarding parking. He requested the Council look at
an overall vision for downtown.
Bruce Tingey, applicant, clarified that they have counted cars in the area for
the last 8-9 days and do not see an over-utilization of parking spaces currently.
The Mayor closed the Public Hearing.
Motion was made by Councilman Pinheiro, seconded by Councilman P.
Arellano and carried (Councilmembers Morales, Sudol and Springer voting no) to
continue this application to April 17, 2000 for a final resolution of the return of
units for Spectrum and Victoria Woods units.
At 8:52 p.m., the Mayor called for a recess, after which he recalled the meeting
to order.
South County The Mayor noted a request for approval of terms of affordable housing resale
Housing - agreement requested by South County Housing for the Los Arroyos subdivision
Resale located between Santa Teresa Boulevard and Kern Avenue, north ofMantelli
Agreement Drive and south of Long meadow Drive. He noted the applicant has requested this
be continued.
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried to continue this item to March 20,2000.
Cardroom
Permits
The Mayor noted an Ordinance of the City Council of the City of Gilroy
amending Chapter 16, 16.6-1 regarding the number of cardroom permits.
74;7
Ord. 2000-05 Motion was made by Councilman Morales, seconded by Councilman Sudol and
carried (Councilmen Pinheiro and Velasco voting no) to adopt Ordinance No.
2000-05 amending Chapter 16, 16.6-1 regarding the number of cardroom permits.
ORDINANCE NO. 2000-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING CHAPTER 16, 16.6-1 REGARDING THE NUMBER OF
CARDROOM PERMITS.
PASSED AND ADOPTED this 6th day of March, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, SUDOL, and SPRINGER
NOES: COUNCILMEMBERS: PINHEIRO, VELASCO
ABSENT: COUNCILMEMBERS: NONE
Homeless
Shelter
Guidelines
The Mayor noted Homeless Shelter Guidelines to set forth criteria for the
location and operation of homeless shelters within the City of Gilroy. City of
Gilroy, applicant, M 99-02.
The staff report was noted and further explained by City Administrator Baksa
and Planner II Durkin. They reviewed the six changes to the Policy as discussed at
the previous study session.
Council consensus was to delete the definitions, to allow a shelter in any
zoning district, to allow 140 beds per shelter, to require services be provided for
mental health and general health, to require case management, that the shelter will
provide emergency and transitional housing, and that the shelter's hours of
operation will be 24 hours a day.
Mike Reeve, EHC, stated that they provide case management in San Jose.
Esther Aguirre Rivera, San Martin Shelter, reviewed the health care provided
at that facility.
Florence Trimble, 771 La Alondra, volunteer at the Armory, thanked the City
Council for not requiring separation for singles and families. She stated that there
is a need for this community to restore their self esteem.
Marge Albaugh, St. Joseph's Center, stated that they housed 27 families at the
Ochoa Center, and that 21 families were from Gilroy. She noted that she has more
concern about the families vs. the singles.
Stephanie Lutz Allen, Presbyterian Church, thanked the City Council for their
hard work on this Policy.
Motion was made by Councilmember G. Arellano, seconded by Councilman
Morales and carried (Councilmen Sudol and Velasco voting no) to approve the
Homeless Shelter Guidelines as amended.
Councilman Sudol stated for the record this is a regional issue, and that he
does not want Gilroy to become the homeless mecca of the area. He stated that he
wants to serve Gilroy residents.
It was the consensus of the Council to have staff look into limiting the number
of shelters.
Res. 2000-13
V 99-05
Motion was made by Councilman Sudol, seconded by Councilmember G.
Arellano and carried (Councilmen P. Arellano, Morales and Springer voting no) to
adopt Resolution No. 2000-13 denying Variance V 99-05, and upholding the
Planning Commission's denial of Variance V 99-05 (APN 841-06-029, Patty
Sweeney, applicant.
7498
Res. 2000-14
A/S 99-58
Sunny
Khandwala
RESOLUTION NO. 2000-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DENYING VARIANCE V 99-05, AND UPHOLDING THE PLANNING
COMMISSION'S DENIAL OF VARIANCE V 99-05 (APN 841-06-029, PATTY
SWEENEY, APPLICANT.
PASSED AND ADOPTED this 6th day of March, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, PINHEIRO, SUDOL, and
VELASCO
NOES: COUNCILMEMBERS: P. ARELLANO, MORALES, and SPRINGER
ABSENT: COUNCILMEMBERS: NONE
Motion was made by Councilman Morales, seconded by Councilmember G.
Arellano and carried (Councilmen Sudol and Springer voting no and Councilman
Pinheiro absent) to adopt Resolution No. 2000-14 approving A/S 99-58 (PUD), an
application for Architectural and Site approval of a Planned Unit Development
(PUD) involving the construction of a 52-unit affordable senior citizen and multi-
family apartment complex, APN 790-05-035 (portion), South County Housing,
applicant.
RESOLUTION NO. 2000-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 99-58 (PUD), AN APPLICATION FOR ARCHITECTURAL
AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD)
INVOLVING THE CONSTRUCTION OF A 52-UNIT AFFORDABLE SENIOR
CITIZEN AND MULTI-FAMILY APARTMENT COMPLEX, APN 790-05-035
(PORTION), SOUTH COUNTY HOUSING, APPLICANT.
PASSED AND ADOPTED this 6th day of March, 2000, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, and VELASCO
NOES: COUNCILMEMBERS: SUDOL and SPRINGER
ABSENT: COUNCILMEMBERS: PINHEIRO
The Mayor noted a letter from Sunny Khandwala resigning from the Parks and
Recreation Commission effective February 15,2000.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to accept the resignation with regrets, set April 10, 2000 to receive
applications, and set Apri117, 2000 at 6:30 p.m. for candidate interviews.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda. There was no comment from anyone in the audience.
Spectrum Group The Mayor noted a letter from Spectrum Group regarding request for
reconsideration of their Village Green project.
Councilman Velasco recused himself from discussion on this item as he owns
property in the vicinity, and left the dais
The City Attorney reviewed her memorandum regarding this request, noting
that there is no action for the Council to take on this. She stated that the applicant
could ask the Planning Commission to consider whether their denial was with or
without prejudice. She stated that if they denied it with prejudice, it may not be
reviewed for one year.
The Council agreed that no action will be taken on this item on the advice of
legal counsel, and that the applicant must go back to the Planning Commission.
The Mayor noted the letter of thanks from Bill Jones to Rhonda Pellin.
The following information items were noted with no separate discussion on
same:
7 A (' f,"
'-', )
c, ._
Legislation:
League of California Cities Legislative Bulletin #7-2000 dated February 18,
2000; and
League of California Cities Legislative Bulletin #8-2000 dated February 25,
2000.
Customer Service:
Letter of thanks from Bill Jones, Secretary of State, to Rhonda Pellin for
participating in "Business and Technology Day" as part of Voter Registration
Week; and
E-mail ofthanks from Lynn Lawrence to Marty Quiroz and Dave Jackson for
restoring a spreadsheet that was inadvertently deleted.
Information items:
Letter from Bo Crane, Standard Pacific, explaining the disclosure statement
that homeowners must sign regarding the impending assessment for Maintenance
District # 1 ;
Letter from Judge Jack Komar, Superior Court, noting that the Superior Court
is seeking volunteers to serve as Civil Grand Jurors;
Information from the Advisory Council of the Council on Aging meeting of
February 7,2000;
Letter from M. Celeste Vossmeyer, Charter Communications, announcing the
acquisition of the controlling interest in Falcon Communications, L.P.;
Gilroy Economic Development Corporation minutes of January 14,2000; and
Letter from South Valley Disposal & Recycling, Inc. regarding the July, 2000
rate adjustment.
Personnel Com. The minutes of the Personnel Commission meeting of January 10, 2000 were
1-10-2000 noted.
SCRWA
1-25-2000
2-8-2000
The minutes of the South County Regional Wastewater Authority meetings of
January 25,2000 and February 8,2000 were noted.
The City Administrator distributed a memo from the Gilroy Unified School
District for the March 8, 2000 meeting. He distributed the final notes on the City
Council retreat. He reviewed the construction and timing of the proposed three
parks for the northwest quad area.
The Mayor requested servers for the March 18 dinner at St. Joseph's. He
stated that Debbie Cottingham, Bicycle Advisory Committee representative, has
advised that the VT A has funds available if Gilroy has its own Bicycle Advisory
Committee. It was the consensus of the Council to agendize this for the next
meeting. He reminded everyone to vote tomorrow.
Councilman Morales stated that he was part of a committee to view Southern
California wastewater facilities for a performance audit.
Councilman Pinheiro reported on the GDDC concern with newspaper racks on
sidewalks. The City Attorney stated that she will look at this regarding safety and
aesthetics. He stated that there is a lack of time to iron out issues and requested
meeting with the Planning Commission every three or six months for a workshop.
He noted the downtown parking district, and the need to look at a residential
component for parking. He requested Council review how the infill of 12 units is
applied vs. a true infill project.
75Urj
Adjournment
(At 10:50 p.m. Councilman P. Arellano left the Council Chambers, and
returned at 10:52 p.m.)
Councilmember G. Arellano requested a list of study sessions to be scheduled.
She stated that she is not comfortable with the current application process for
projects, and would like staff to work on a new procedure. She noted a
NewsChannelll Town Hall Meeting to be hosted by Maggi Scura on April 13 at
Gavilan College from 8:00 to 9:00 p.m.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 34
MARCH 2000
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
8 Quarterly Meeting with School Board -7:00 p.m., Temporary Environmental
Education Center (TEEC) building at the Ranch Site Christmas Hill Park, 7049
Miller Avenue, Gilroy
13 Study Session - Affordable housing resale agreement by South County
Housing - 6:00 p.m., City Council Chambers
13 * Special Meeting - General Plan Public Hearing -7:00 p.m., 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
27*Special Meeting - General Plan Public Hearing - 7:00 p.m., City Council
Chambers
28 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
APRIL 2000
3 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers
3* Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
11 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
MAY 2000
1 * Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
9 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 11:05 p.m. the Mayor adjourned the meeting.
~:g~(~,
/s/ RHONDAPELLIN
City Clerk