Loading...
Minutes 1993/06/07 Invocation Posting Agenda Roll Call Consent Calendar Res.93-26 Budget Minutes Claim Imprvmts Dev.Agree. Ord.:/t93-11 Regular Meeting June 7, 1993 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Lee Neisch, United Methodist Church gave the Invocation. The City Clerk noted that the Agenda had been posted on June 3, 1993 at 9:50 a.m. Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Sara C. Nelson, Suellen C. Rowlison and Donald F. Gage; Absent: Councilmembers: Paul V. Kloecker and Pete Valdez, Jr. Retired Planning Commissioner, Fernando P. Huerta, Sr. was not present to accept his Certificate of Service. It was noted that the Police Chief's presentation of an aard from Assemblyman Areias to Anthony Gutierrez, Probation Officer, was continued to June 21, 1993. Motion was made by Councilman Kloecker, seconded by Coun- cilman Gilroy that the following items under the Consent Calendar be approved, by the following Roll Call Vote: (removing Item B for separate discussion requested by Councilwoman Nelson and Item D for separate discussion requested by Councilman Gilroy) Ayes: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage: Adopted Resolution No. 93-26 Honoring Patricia Holihan Steinhardt for her work with the Arts Council of Santa Clara County; RESOLUTION NO. 93 - 26 A RESOLUTION OF COMMENDATION BY THE CITY COUNCIL OF THE CITY OF GILROY HONORING PATRICIA HOLIHAN STEINHARDT FOR HER WORK WITH THE ARTS COUNCIL OF SANTA CLARA COUNTY. PASSED AND ADOPTED this 7th day of June, 1993, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; Approved Budget Amendments/Transfers as recommended; Approved the Minutes of the Gilroy City Council Regular Meeting of May 24, 1993; Denied Claim of Barbara Van Geider as recommended; Accepted Improvements for Wheeler Manor, 651 W. Sixth st., Project 91-30, as recommended; and Approved Development Agreements for Tract Map 8540, 8550 Wren Avenue, Lynrob Enterprises, Inc. and Tract Map 8562, Longmeadow/Santa Teresa Blvd., Award Homes, Inc. as recommended. Councilwoman Nelson noted that she requested removal of this ordinance from the consent calendar because she opposes it. Motion was made by Councilman Kloecker seconded by Council- woman Rowlison that the reading of Ordinance No. 93-11 be waived and that it be adopted adding Article XI to Chapter 15 of the City Code regulating and requiring permits for Ambulance Services by the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Res.93-27 Open Space Authority Bid:Equip. Pub.Hear. RDO .!''',',\. : ) .'} ~j Hale, Kloecker, Rowlison, Valdez and Gage; Noes: Councilmember: Nelson; ORDINANCE NO. 93 - 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING ARTICLE XI TO CHAPTER 15 OF THE GILROY CITY CODE, REGULATING AND REQUIRING PERMITS FOR AMBULANCE SERVICES. PASSED AND ADOPTED this 7th day of June, 1993, by the following vote: AYES: GILROY, HALE, KLOECKER, VALDEZ and GAGE NELSON None ROWLISON, COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBER: COUNCILMEMBERS: City Administrator Baksa explained the proposed Resolution. Motion was made by Councilman Gilroy seconded by Councilman K10ecker that the reading of Resolution No. 93-27 be waived and that it be adopted. RESOLUTION NO. 93 - 27 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR A GILROY IN TRANSITION: MANAGING THE FUTURE OF POLICE SERVICES GRANT THROUGH THE CAREER CRIMINAL APPREHENSION PROGRAM. PASSED AND ADOPTED this 7th day of June 1993, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None The Mayor deviated from the regular order of the agenda in order to accommodate interested persons in the audience. Supervisor Mike Honda addressed the Council and requested $3,000.00 start-up costs for the Open Space Authority as a no interest loan. Motion was made by Councilwoman Rowlison seconded by Councilman Valdez and withdrawn to approve the $3,000.00 loan until 1994. Council agreed on the advice of the Deputy City Attorney that this item be agendized for the June 21, 1993 regular Council Meeting. The Mayor continued with the regular order of the agenda. City Administrator Baksa presented a recommendation to award the bid of Vermeer Equipment Company in the amount of $11,789.45 for a brush chipper for the Parks & Recreation Department further explained by Park Supervisor Headley. Motion was made by Councilman Kloecker seconded by Council- man Hale and carried that the bid of Vermeer Equipment Company be awarded in the amount of $11,789.45 for a brush chipper as recommended. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider the 1992 Residential Development Ordinance applications. Associate Planner Myer gave a summary of the Staff Report distributed to Council on May 3, 1993. He noted that Section 50.66 was amended requiring Council to take into consideration infrastructure already in place by previous project phases. The Mayor opened the Public Hearing and heard from the following applicants or representatives as noted: l. RD 92-01 - Albert Fortino: Lee Kalpin, 5405 Nicole Way, noting support from the neighbors in the area and urging ~..~ ..:> ,...-.~;:-) 'i }< ~_ J ^.....-'kJ approval to complete the existing tract. Gene wells noted residents in the area have been outspoken towards requesting approval of this project to complete the street in the existing tract. 2. RD 92-02 - Albert Fortino; 3. RD 92-03 - Shapell Industries; 4. RD 92-04 - Moen Construction (Noted previously approved by Council May 24, 1993); 5. RD 92-05 - Larry Willard, 16275 Monterey Road, Morgan Hill, noting he should receive a higher ranking regarding the circulation issue and noted that public open space was never a requirement; Cal Le Neave, 8805 New Avenue, previous property owner of RD 92-05 requested and recommended approval of the project and higher ranking to provide affordable housing and noted that the school site will adjoin the project. 6. RD 92-06 - Hewell & Sheedy; 7. RD 92-07 - Gilroy Unified School District. Jim Leninhan noted after being denied approval of his general plan amendment for this property he has been negotiating with the School District for a potential land exchange to allow his project to proceed. He noted that the School District is the applicant for the property and he would be the developer, requesting consideration for same. 8. RD 92-08 - R. Erskine & Gary Filice - Gloria Ballard, MH Engineering, noted that the developers have agreed to change their build-out to begin in the same year as the Shapell application: 24 in '96; 24 in '97; and 40 in '98. 9. RD 92-09 - Dewey & Hazel Hewell - Mark Hewell noted that this is an in-fill project and there is existing infra- structure on Church Street. He noted that they would agree to revising their build-out to 12 in '94 and 12 in '95 or 12 in '95 and 12 in '96, if necessary to obtain approval for the project. 10. RD 92-10 - Karen Christopher, noting a letter was submitted in the agenda packet V.A.3. 11. RD 92-11 - Santa Teresa Associates - Michael Cady, 152 North Third Street, San Jose, noted he was available to answer questions of Council. 12. RD 92-12 - Silicon Valley Associates - Geary Coats noted the applicants are prepared to proceed with the approved build-out in 1994. 13. RD 92-13 - Wood Chen; 14. RD 92-14 - stanley Chen; 15. RD 92-15 - Stanley Chen; 16. RD 92-16 - New Cities Development - Lee Newell, noted a letter was submitted in the agenda packet V.A.2. and that they have been in the system thirteen years. 17. RD 92-17 - Anthony Coletto - Distributed a handout to Council noting his project is an infill and would widen the street, provide sidewalks in the area of Rod Kelly School. 18. RD 92-18 - willard Homes; 19. RD 92-l9 - Jim Hoey - Distributed a summary to Council noting agreement to a revised buildout schedule to 1995 for a four- year period and noted that the project is surrounded by existing development and would have three types of housing. 20. RD 92-20 - Glen Lorna Corp.; R3 92-21 - Thomas Road Properties; RD 92-24 - Theodore Schaal; and RD 92-25 - Farotte Construction - John Filice distributed a letter to Council and noted that RD 92-24; 25 and 26 were projects involved in Longmeadow infrastructure as well as New Cities Development but not included in the 566 project. 21. RD 92-22 - william Lyon Co.; 22. RD 92-23 - william Lyon Co. - John Bermont, representing Kaufman & Broad, noting that they contributed to Longmeadow Drive improvements and intend to build 14 homes in 1994 giving access to Sunrise Park and requested that they be given consideration for the infrastructure. 23. RD 92-24 - Theodore Schaal - noted that he is part owner attempting to obtain tentative map approval with Staff and the School District with the realignment of the streets. He noted that the infrastructure has been in for some time. He agreed with the developers being in agreement with each other in the north west quad to allow each to receive some units. 24. RD 92-26 - Valley Title Company - Louis Tersini noted 131 units are remaining in the RDO's and will complete the units pending; 65 units for each phase and noted that Project 566 to be $4.6 million. 25. RD 92-27 - Pan Tempo Properties - Gloria Ballard, MH Engineering, noting the applicants would modify the build- out to 21 in '95 and 22 in '96. 26. RD 92-28 - Silicon Valley Development - Ted Ringel requesting 11 units and intends to proceed immediately. Gloria Ballard noted that they would agree to 6 units in '94 and 5 units in '95. 27. RD 92-29 - Country Estates Venture - Gloria Ballard, MH Engineering, noted that the infrastructure in place should give this project high priority. A Civil Engineer from MH Engineering explained the internal infrastructure in place. At 8:59 p.m. the video tape was changed and the Mayor resumed the meeting at 9:00 p.m. David Sanchez distributed a letter to Council from retired Mayor Hughan noting the City's commitment to allow Country Estates Venture Project to be completed in a timely manner based on the extent of public infrastructure already constructed. The Mayor noted the letters in the Council packet from New Cities Development, Karen Christopher and Citizens' for Balanced Growth. 28. Carol Tognetti, 820 carignane, read the letter from Citizens' for Balanced Growth. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from the audience. The Mayor closed the Public Hearing. At 9:15 p.m. the Mayor declared a recess and resumed the meeting at 9:26 p.m. Discussion was had by Council on the matter. Councilman Kloecker suggested a Study Session to discuss the following: 1. Schedule for next competition - 1995 Applications. 2. Revisit criteria and possibly change for 1995. 3. Backlog ( ... . ~ _4.~ ~ .,>- Ii .. 14 'I~j l' ) 1) l',.i ,A.'.,. AJ 4. Multi-Year Buildout 5. Safety Zone for Country Estates Councilwoman Nelson noted there is a legal and moral commitment to the applicants that have infrastructure in place and recommended that Council use the Planning Commission and Staff's recommendations and proceed. Councilman Valdez noted that he concurs with Councilman Gilroy to have Council rank the projects separately and requested a legal opinion regarding the backlog. He suggested that the following additional items be discussed: 6. Affordable Housing definition 7. Issue of Safety re: Fire Station locations 8. Performance Base - allocations 9. Drop off policy as part of the developer's contract with Administration 10. Ownership of Backlog (allocation to a specific owner or stay with the property) if changes character by 15% allocation should be returned to Council for future allocation. 11. Determine if allocation is for 1, 2 or 3 years. 12. Tailored contracts for custom homes The Mayor suggested the following additional items be discussed: 13. Location of Growth - Confirmation in the northwest and southwest quads? 14. Full allocation of 10 years - Review RDO annually and allocate out for 3 years. Councilman Hale noted that he is not interested in revisiting criteria already established. Councilwoman Nelson noted that the School District is waiting for the City'S decision on the RDO applications and the City should proceed. Councilman Valdez noted that he advocates control through the agreements and that the rating scale for next year should be revisited. Council concurred to adjourn this meeting to June 14, 1993 at 7:00 p.m. for Council deliberations on the RDO and June 17, 1993 at 7:00 p.m. if necessary. Staff requested Councilmembers add additional items for discussion if any to Staff by June 9 at 5:00 p.m. including each Council's ranking and build-out to be compiled by Staff for the June 14 meeting. Councilman Valdez requested a legal opinion on CRLA's letter received by Council at this meeting to be added to the list of items to be discussed at the June 14th Council Meeting. 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. The following informational items were noted with no separate discussion on same: Correspondence re: 1993 State Budget: League of California Cities Red Ink Alert Publication, May 21, 1993 U2; League of California Cities Legislative Bulletin, #18; Customer Service: Inter-Office Memos re: Planning Commission Retreat Assistance. ; SCRWA B1dg.Bd. of Appeals P&RC~ Master St. Tree Plan Gang Task Force T~e Capsule Amicus Brief , } !~~) Jim Dowell In Appreciation for Assistance in Celebrity Cardiac Arrest; City's Response In Appreciation of County Employee Relations Service; Gilroy Police Department In Appreciation of Local Business re: Master's Expo Fund Raiser; CTR In Appreciation; Letter of Recognition from Central Safety Committee re: City's Safety and Health Handbook; Mission College Students In Appreciation; Shared Housing Program of Catholic Charities In Appreciation; Proclamation Issued by Mayor Gage: Festa Della Repubblica Italiana - June 4, 1993; and Monthly Cash and Investments Report, April 30, 1993. The Minutes of the South County Regional Wastewater Authority Meeting of April 27, 1993 were noted. The Minutes of the Building Board of Appeals Meeting of May 24, 1993 were noted. The Minutes of the Parks & Recreation Commission Meeting of May 18, 1993 were noted. Motion was made by Councilman Kloecker seconded by Council- man Hale and carried to approve the revision to the Master Street Tree Planting Plan as recommended. The Minutes of the Gang Task Force Committee Meeting of May 26, 1993 were noted. City Administrator Baksa distributed a Report on CDBG Funding re: Library Hours. City Administrator Baksa distributed a Report on unsolved issues regarding the Capital Improvement Budget and regular Budget. City Administrator Baksa distributed a Report on Museum usage. City Administrator Baksa noted and distributed a report on a T~e Capsule for Old City Hall reconstruction project. City Administrator Baksa noted that Rhonda would be scheduling annual lunches/breakfasts for h~ with Councilmembers. Deputy City Attorney Cumpston requested the City join Amicus Brief in Berry v. Sonoma County further explaining same. Motion was made by Councilwoman Nelson seconded by Councilman Hale and carried that the City join Amicus Brief in Berry v. Sonoma County as recommended. The Mayor requested Council nominations for the Citizens' Open Space Task Force. The Mayor reported on the Joint Council/Gang Task Force Meeting of June 3, 1993 and suggested a Joint Council/School Board meeting regarding gangs and related issues. Councilman Gilroy noted he has been expecting a report from the Chief of Police on a Plan and the funds being expended on ~ ' , ,.'" '1 ;,. ''''_~ 1<..1,1 public safety; and how the Chief is going to handle the current situation of violent crime/gangs. He noted that Council has been informed of elements of a plan, i.e. prevention, intervention and suppression, but not a Plan. Councilman Valdez suggested that the agenda for a Council/ School Board Meeting should include prevention, intervention, and suppression issues relating to gang activity on school campuses and what the City can do regarding same and what the School expects of the City. He noted that information should be pro- vided regarding the funds requested for Project Dare; 50% subsidy for sworn officer and commitment for same. He suggested formally requesting sharing of the cost for sworn officers in future years. Also quantify effectiveness of the two Multi Service Officers through pre and post testing. He noted there should be a cooperative effort focusing on gangs on or off campus. (At 11:00 p.m. there was a brief recess to change the video tape. ) Councilman Valdez suggested that the School District have input on an agenda for the Joint Council/School Board meeting. City Administrator Baksa noted that this has been standard practice. Councilman Kloecker noted that he is most concerned with the Gang Suppression Program and requested what has occurred specifically on the Suppression Program. Councilman Gilroy concurred and funding needed to solve the gang problems. Councilwoman Nelson inquired of ordinances needed specifically to send a message to transient gangs that the City will not tolerate unbecoming behavior and what would hold parents responsible and accountable for children. Discussion was had on how restrictive the City can be with its ordinances. Councilwoman Rowlison stated that prevention and intervention should be a part of the Police Chief's Report. Councilman Kloecker inquired of the paint-out of graffiti by the City and if owner's consent is obtained and if there is an alternative solution to removing graffiti on brick work. Councilwoman Nelson reported on the Visitors' Bureau recent meeting. The following meetings were noted: Gilroy City Council Study Session, June 14, 1993 - 7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, CA 95020, re: Strategic Planning. Gilroy City Council Study Session, June 15, 1993 - 7:30 p.m., Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, CA 95020, re: Storm Drain Utility Issue. To be televised. At 11:33 p.m. the Mayor adjourned to June 14, 1993 at 7:00 p.m. to continue Council deliberations and action regarding the Residential Development Ordinance applications. Respe~tfully submitted, ( ~/ /f t-_u. - /_ f) \ )/ J'J/1 . II /~i() VI/'i/L i/l !,.!'>/ u-'vc.)vA?;f{}../ \..(J( \_~' {.J.(./" v Vll ./ .:> City Clerk :, '"