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Minutes 2000/02/07 Posting Agenda Roll Call New Emp. Dedication Consent Calendar Res. 2000-05 Fin. Plan Carnival Minutes Budget Tract 8728 Tract 8796 Tract 8663 Tract 8928 Tract 8929 Tract 8930 7 ft1"" '-t { { Regular Meeting February 7, 2000 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Deputy City Clerk Pogue noted that the Agenda had been posted on February 3,2000 at 11:00 a.m. Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S. Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W. Springer - 7:01 p.m. The Mayor introduced new employees James Craig, Operation Services Manager, Community Services Department and Chris Rogers, Facilities Maintenance Specialist, Administrative Services Department. The Mayor noted a dedication certificate for the Tom Carr Memorial Range, which was previously presented. Councilman Sudol noted for the record that he reviewed the tapes of the previous meeting and will vote on the Consent Calendar. Motion was made by Councilman Morales, seconded by Councilmember G. Arellano, and carried that the following items under the Consent Calendar be approved, removing Item D. Approval of improvements for Kaufinan & Broad, 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: Resolution No. 2000-05 declaring intention to reimburse expenditures under Federal tax rules, City of Gilroy, Bonfante Gardens Project; RESOLUTION NO. 2000-05 A RESOLUTION DECLARING INTENTION TO REIMBURSE EXPENDITURES UNDER FEDERAL TAX RULES, CITY OF GILROY, BONF ANTE GARDENS PROJECT. PASSED AND ADOPTED this 7th day of February, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, VELASCO, SUDOL, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERS: NONE Terms relating to the City of Gilroy Financial Plan which state "The estimate to complete amounts submitted and adopted as part of the City's Financial Plan replace the adjusted budget amounts;" Spring Festival/Carnival by the Rebekah Children's Services to be held at South Valley School of Science and Global Studies, 385 IOOF Avenue, Gilroy; Minutes of the Regular Council Meeting of January 18,2000; and Budget Amendments/Transfers as recommended. Motion was made by Councilmember G. Arellano, seconded by Councilman Morales and carried to accept improvements for Kaufinan & Broad, Tract 8728, The Vineyards, Phase II; Tract 8796, The Vineyards, Phase III; Tract 8663, The Vineyards, Phase I; and Tracts 8928,8929 & 8930, Oakbrook, contingent on the assurance that the power conduits have been put into place so that the landscaping along Santa Teresa Boulevard can be maintained. Personnel Com. The Mayor noted that the Personnel Commission Report will be rescheduled. Report 7418 Pub.Hearing TM 99-08 Pub. Hearing Z 99-04 The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Tentative Map request by Wellington Business Park to subdivide 104 acres into 21 industrial parcels ranging from 2.7 to 10.9 acres, on propetty zoned M2 (General Industrial), located along the south side of Highway 152, north of and east of Silacci Way. Wellington Corporation, applicant, TM 99-08. The staff report was noted and further explained by Planner I Stice. The Mayor opened the Public Hearing. Lee Weider, Access Land Development Services, appearing on behalf of the Wellington Corporation, applicant, spoke in support of the request. Mr. Weider also distributed a handout requesting a modification to Condition #4. Lawson Sakai, representing Hirasaki Farms, spoke in support of the request. Glenn Pace, Wellington Corporation, spoke in support of the request. Councilman P. Arellano noted for the record that he had met previously on a one-on-one basis with Mr. Lee Weider regarding the proposed request. Jennifer Work, design consultant for the proposed project, spoke in support of the request. Jeff Barnes, leasing agent for the proposed project, spoke in support of the request. The Mayor closed the Public Hearing. Councilmember G. Arellano requested an additional condition requiring landscaping be included with the Tentative Map, as well as a future Architectural & Site design review application. The Mayor proposed an additional Condition #24 with the following wording: "The Planning Commission and City Council shall conduct an Architectural and Site review for this project which shall include a review of sidewalks, bicycle paths and landscaping plans." Motion was made by Councilman Sudol, seconded by Councilmember G. Arellano and carried 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. Motion was made by Councilmember G. Arellano, seconded by Councilman Sudol and carried to direct staff to prepare a resolution approving the request, including an additional Condition #24 as noted above and also to reword Condition #4 to replace the words at the end of the condition, "... and shall be recorded against the property, with the words "and a Memorandum of Agreement summarizing those terms and provisions required bv the City to be set forth therein. in form and substance reasonablv acceptable to the City and the Parties of the Property Purchase and Swap Agreement be recorded against the property. " At 8:34 p.m., the Mayor called for a ten minute recess, after which he recalled the meeting to order. The Mayor stated it was the time and place scheduled for a Public Hearing on a Zone Change request to amend the City of Gilroy's Zoning Map for 22.3 acres from Al (County Agriculture) to R3-PUD (Medium Density Residential-Planned Unit Development), on property located at the southwest corner of Santa Teresa Boulevard and Hecker Pass Highway. The Spectrum Group, applicant, Z 99-04. Councilman Velasco stated that he has a conflict of interest due to his residence, and recused himself from discussion and vote on this item and left the dais. 7 ",-' ...., -: I, The staff report was noted and further explained by Planner II Durkin. The Mayor questioned the decision of the Planning Commission to deny the Negative Declaration, and why they made that decision, specifically that 1) the Project may be subject to liquifaction, 2) the Project may have negative impacts on air quality, and 3) the location ofthe Alzheimer's facility may be unsafe for its clients, and Planner II Durkin could not answer his questions. The Mayor opened the Public Hearing. Brian Myers, Spectrum Group, reviewed the three issues delineated by the Planning Commission concerning denial of the Negative Declaration. He noted that staffhas given them glowing reports, yet he noted that three of the Planning Commissioners did not give any reason for the denial. He stated that they need feedback. He noted that they have been ranked # 1 on this year's RDO competition. Charles Quartiroli noted that this project is needed in Gilroy. He stated that this project is no further from shopping areas than Sunset Gardens or Wheeler Manor is and this project will have some commercial on site for its residents. He stated that traffic, school age children, and police activities will be minimal at this location. Gunter Barth spoke in favor of the project, noting that he would like to move into a project such as this. Evalina Bowen spoke in favor of this project, noting that projects such as this are needed due to the escalating prices in this area. She noted that independence is important for senior citizens. Craig Bassett, Cypress Court, stated that he is not against this project, but is not in agreement with the location. He ran several slides showing areas of Gilroy, and the fact that you can no longer see the hills surrounding Gilroy. Joel Goldsmith stated that a great deal of planning has taken place by the General Plan Update Committee regarding the Hecker Pass area. He agreed that we need senior housing. He stated that we need to include this site in the Specific Plan for the Hecker Pass area. He stated that the applicants have done a great job on the planning, but has concerns with the location of the project. Chris Vanni, 2035 Hollyhock Lane, Gilroy, noted that he is a member of the Hecker Pass property owners association. He noted that the owners are not necessarily opposed to the Spectrum project, but asked when the Council is reviewing the project that they keep in mind how it would affect the Hecker Pass Specific Plan. Dan Gluheich spoke on behalf of the project as a realtor. He stated that we need this project in Gilroy, and that it would be a phenomenal asset. Mike Mantelli, Carriage Drive, noted that he served on the General Plan Update Committee. He stated that this is what the General Plan is about, mixing housing and commercial uses. He stated that this will be a great entrance to the City of Gilroy. Chris Eton spoke in favor of the request, noting that he has family members waiting for a project such as this. Suellen Rowlison stated that this is a well-designed project, but stated that it is in the wrong location. She stated that this company has no entitlement to this project. She stated that she objects mainly to the commercial use on the corner. She stated that there is a tremendous amount of traffic that serves a project such as this. 7 " " (', 'i ,.j'! Pub.Hearing TM 99-12 Franco Mola, developer of the project, noted that he has never been involved a project with this much controversy. He noted their dilemma in the development of this project. He stated that the master plan for this site has been set since 1982. He noted their plan is not to destroy a scenic corridor. In answer to why he decided to build in Gilroy, he stated that they felt that they could benefit the community and themselves. The Mayor closed the Public Hearing. Motion was made by Councilman Sudol, seconded by Councilmember G. Arellano and the motion carried (Councilman P. Arellano voting no and Councilman Velasco 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. Motion was made by Councilman Sudol, seconded by Councilman Morales and the motion did not carry (Councilmembers G. Arellano, P. Arellano, and Pinheiro voting no and Councilman Velasco absent) to direct staff to prepare an Ordinance approving Z 99-04. Councilman Sudol stated for the record that this is the perfect location for this project, and that seniors deserve to have a great place to live. At 10:22 p.m. the Mayor called a five minute break, after which he recalled the meeting to order. The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide 22.3 acres into a combination 9 residential and commercial lots, together with one remainder lot, on property located at the southwest corner of Santa Teresa Boulevard and Hecker Pass Highway, proposed to be rezoned to R3-PUD (Medium Density Residential-Planned Unit Development). The Spectrum Group, applicant, TM 99-12. The staff report was noted and further explained by Planner II Durkin. She requested that an additional condition #22 be added that: The applicant shall be required to enter into an affordable housing agreement on this project, prior to final map approval. The Mayor opened the Public Hearing. Brian Myers stated for the record that he objected that a note was passed to Councilmember G. Arellano after the Public Hearing was closed. Craig Bassett, Cypress Court, noted that this area could be zoned Rl or R2, which would make the project be more consistent with the area currently surrounding it Franco Mola requested that the Council reconsider the previous vote. He stated that he has heard that everyone loves this project, but doesn't know that there is another parcel in Gilroy that would allow this to be built. He noted that there will be a density higher than what is currently there, if nothing more than for a buffer. Mike Mantelli, 1772 Carriage Drive, noted that this project was not brought to the General Plan Update Committee as a final project, but that it was a recommendation. The Mayor closed the Public Hearing. The City Attorney clarified for the record that the note was disclosed to the Council and the public during Council discussion, that Councilmember G. Arellano stated that it was received from previous Councilwoman Rowlison. 7 ~ , , ' i..-} ,) j Motion was made by Councilman Pinheiro, seconded by Councilmember G. Arellano and the motion did not carry (Councilmembers Morales, Sudol, and Springer voting no and Councilman Velasco absent) to prepare a resolution denying TM 99-12. The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. NS 99-28 The Mayor noted a request for a Planned Unit Development Architectural and Site design review approval to construct 75 senior apartment units, 37 senior condominiums, 11,000 sq.ft. of commercial area, and a 120-bed Assisted Living Facility, located at the southwest corner of Santa Teresa Boulevard and Hecker Pass Highway, proposed to be rezoned to R3-PUD (Medium Density Residential- Planned Unit Development). The Spectrum Group, applicant, NS 99-28. Motion was made by Councilman Pinheiro, seconded by Mayor Springer and the motion did not carry (Councilmembers Morales, Sudol, and Springer and Councilman Velasco absent) to prepare a resolution denying NS 99-28. Councilmembers G. Arellano, P. Arellano and Pinheiro stated that they were in favor of making this area a part of the Specific Plan, and Councilmembers Morales, Sudol and Springer stated that had no interest in making this a part of the Specific Plan (Councilman Velasco absent). The Mayor returned to the regular order of the agenda. Councilman Velasco returned to his seat at the dais. Ord. 2000-03 Motion was made by Councilman Sudol, seconded by Councilman Pinheiro and carried to adopt Ordinance No. 2000-03 amending Section 37 (Sign Regulations) of the Gilroy Zoning Ordinance by adding a new section 37.58 (Regional-Serving Commercial Development) to the Gilroy Zoning Ordinance, Z 98-07, City of Gilroy, applicant. ORDINANCE NO. 2000-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 37 (SIGN REGULATIONS) OF THE GILROY ZONING ORDINANCE BY ADDING A NEW SECTION 37.58 (REGIONAL- SERVING COMMERCIAL DEVELOPMENT) TO THE GILROY ZONING ORDINANCE, Z 98-07, CITY OF GILROY, APPLICANT. PASSED AND ADOPTED this 7th day of February, 2000, by the following vote; AYES: COUNCILMEMBERS: PINHEIRO, SUDOL, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, and MORALES ABSENT: COUNCILMEMBERS: NONE Councilman P. Ar"l~~~ r~~~~,~q \~~t th~ ~\>~tin~ of ~ames be posted in other languages. The City Attorney explained that if a change regarding the posting is requested, the process would have to start over, but that direction can be given to the Police Chief, rather than making that change in the ordinance. Ord. 2000-04 Motion was made by Councilman Sudol, seconded by Councilman Pinheiro and carried to adopt Ordinance No. 2000-04 amending Section 16.6-1 of the Gilroy City Council relating to permissible gambling games in City cardrooms. ORDINANCE NO. 2000-04 AN ORDINANCE OF TIfE C~rr COUNCIL OF THE CITY OF GILROY AMENDING SECTIO~, l~.R'1 OF THE GILROY CITY CODE RELATING TO PERMISSIBLE GAMBLING GAMES IN CITY CARDROOMS. PASSED AND ADOPTED this 7th day of February, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, VELASCO, SUDOL, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 74d2 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. SCA3 The Mayor noted a letter from Kurt Evans, VT A, encouraging the City of Gilroy to send a letter to Governor Davis requesting support of SCA 3. There was no consensus of the Council to send a letter, but it was noted that individual members can send a letter. Library Exp. The Mayor noted a request from the Santa Clara County Library to appoint two Councilmembers and a staff member to a Library Expansion Committee. Councilmembers G. Arellano and P. Arellano volunteered to be on the Library Expansion Committee. The Mayor commented on the letter from Peter Chase regarding bicycle use at the new skateboard facility, noting that they are looking for a facility of their own. The following information items were noted with no separate discussion on same. Legislation: League of California Cities Legislative Bulletin #2-2000 dated January 14, 2000; League of California Cities Legislative Bulletin #3-2000 dated January 21, 2000; League of California Cities Legislative Bulletin #4-2000 dated January 28, 2000; and Letter from Christopher McKenzie, League of California Cities Executive Director, providing information in support of Proposition 26. Customer Service: Note of thanks from Huldah Champion to Jay Baksa for the study session with staff members to review activities for each department; Memorandum of thanks from Officer Randy Bentson to CSO Gary Muraoka for assistance in cleaning his police car while Officer Bentson was on another call, which allowed Officer Bentson to return to duty immediately; Letter ofthanks from Captain Richard Vasquez, City of Hollister Police Department, to Officers Greg Braze, Kim Merrill, and Greg Flippo for providing training on Arrest and Control Techniques; Letter of thanks from Chief of Police Pierpoint, City of Hollister, to Detective Veronica Georges, for assistance in apprehending two individuals; Memorandum of commendation from Chief Giusiana to Officer T erasaki for taking a personal interest in and acting as a crossing guard on a temporary basis at Brownell Academy; E-mail of appreciation from Lanny Brown and Chuck Ellevan to Rick Brandini and Bob Bozzo for assistance with improvements at the Police Range; and Memorandum of congratulations from Bob Connelly to Rosie Anzualda for her 20 years of service to Special Olympics. Informational items: Memorandum from the Director of Community Development regarding building activity for 1999; Plan. Com. 1-6-00 SCRWA 1-11-00 7 1 "1 I ' . "i . i .} Letter from Ed Rodriguez thanking the City Council for bringing industrial plants to Gilroy; Letter from Mickey Ibarra, Assistant to the President of the United States, to Mayor Springer congratulating him on his inauguration; City of Gilroy Investment Report dated December 1999; Letter from Mayor Springer to Rachel Wykoff regarding locating a bookstore in Gilroy; Letter from Ronald E. Koch, Lutheran Church of the Good Shepherd, inviting South County Leaders to a Community Summit on Homelessness in Gilroy; Minutes of the Gilroy Visitors Bureau Advisory Council of January 11, 2000, balance sheet as of December 31, 1999 and Visitor Center Data; Community Development Department - Planning Division monthly report of long-range applications and status ofRDO allocation & activity as of January 21, 2000; and Letter from Peter Chase and response by Bill Headley regarding bicycle use at the new skateboard facility at Las Animas Veterans Park. The report of the Planning Commission meeting of January 6,2000 was noted. The minutes of the South County Regional Wastewater Authority meeting of January 11,2000 were noted. The City Administrator distributed a list of the straw vote polls that the Council has taken at their special meetings of January 24 and 31, 2000. He distributed a draft copy of the telephone survey proposed for the City of Gilroy. He distributed a list of the Goals and Objectives in draft form. He stated that he met with the Arts and Culture Commission, and that they have agreed to make some procedural changes to the Public Art Policy and Mural Guidelines. He stated that this will be back to the Council for approval. The Mayor commented on a meeting held last Thursday night in which the VTA Board of Directors unanimously approved the Resolution of Necessity, which allows them to move forward on the eminent domain of the corner parcel for the train station, so that we can turn it into a transit center. He noted that this increases the negotiations with the current land owner, which are going very well. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 34 FEBRUARY 2000 7*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 8 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 9 Annual Retreat - 8:30 a.m. to 9:00 p.m. (including dinner off-site-Harvest Time Restaurant), Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California lOAnnual Retreat - 8:30 a.m. to 4:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California 22 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 22*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 28*Joint Study Session with Planning Commission - CIB -7:00 p.m., Council Chambers 74b4 Adjournment ,..:~., ":rd.. .. :t:__.;:~' '." ,,,'C-,;.f"_,: ,.c;;...,,::cc.. C:.".:,"'.~' .,.. "_,.,,.'.'..'.:,'_ 'i,,,,,,,.,~.~;~,,,,~,,,,,,~,,,,,~c,;,,--,,,,,,,~';a<~:~:::''''::-~'-,".L:'';<, .:':..:.",,,,,,. .:,'...+~;';;"'~'~.:'~'-J::......c':"..';;';""",.",': ~"(""',:::;,,,,..,,;;,.:~.:;,_. v ~~ ~- ---.....-.--- 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 * 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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy APRIL 2000 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 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy At 11:05 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~.ac...; /s/ RHONDA PELLIN City Clerk