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Minutes 2000/02/22 Proc. -Small Business Proc.-Large Business V 01. Award Consent Calendar Minutes Budget Res. 2000-06 "7 ~ ' 1""" ('1'),) The Mayor noted a proclamation for Monterey Street Antiques, 1999 Small Business of the Year, which was previously presented on February 11, 2000. The Mayor noted a proclamation for Bob Lynch Ford-Lincoln-Mercury, 1999 Large Business of the Year, which was previously presented on February 11, 2000. The Mayor presented the Volunteers of the Month of February, 2000 Award to Sharon Root & Olivia Flores. Motion was made by Councilmember G. Arellano, seconded by Councilman Velasco 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, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W. Springer; Absent: Councilmember Charles S. Morales: Minutes of the Special Council Meetings of January 24 & 31, 2000 and the Regular Council Meeting of February 7,2000; Budget Amendments/Transfers as recommended; Adopted Resolution No. 2000-06 setting priorities for projects eligible for funding for the Transportation Development Act (TDA) Article 3 Programs Funds administered by the Santa Clara Valley Transportation Authority (VT A) and the Metropolitan Transportation Commission (MTC); RESOLUTION NO. 2000-06 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SETTING PRIORITIES FOR PROJECTS ELIGIBLE FOR FUNDING FOR THE TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 PROGRAMS FUNDS ADMINISTERED BY THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY (VTA) AND THE METROPOLITAN TRANSPORTATION COMMISSION (MTC). PASSED AND ADOPTED this 22nd day of February, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, PINHEIRO, VELASCO, SUDOL, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MORALES Res.2000-07 Adopted Resolution No. 2000-07 authorizing the City Administrator or his designee to execute program supplements for federal aid projects. Downtown Gilroy Streetscape Project. RESOLUTION NO. 2000-07 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING THE CITY ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE PROGRAM SUPPLEMENTS FOR FEDERAL AID PROJECTS. DOWNTOWN GILROY STREETSCAPE PROJECT. PASSED AND ADOPTED this 22nd day of February, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, PINHEIRO, VELASCO, SUDOL, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MORALES Res.2000-08 Adopted Resolution No. 2000-08 approving TM 99-08, a Tentative Map to create twenty-one industrial and two remainder parcels, APN 841-17-080 and APN 841-17-004 . Wellington Corporation. 74'"1' .J 0 Griffin Grant Writing RESOLUTION NO. 2000-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 99-08, A TENTATIVE MAP TO CREATE TWENTY-ONE INDUSTRIAL AND TWO REMAINDER PARCELS, APN 841-17-080 AND APN 841-17-004. WELLINGTON CORPORATION PASSED AND ADOPTED this 22nd day of February, 2000, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, PINHEIRO, VELASCO, SUDOL, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MORALES Approved the transfer from the Housing Trust Fund to reimburse Community Development Block Grant for payment of services by Griffin Grant Writing and Consulting, Inc. in the amount of $45,076.40. The Mayor deviated from the regular order of the agenda to accommodate interested persons in the audience. 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 Longmeadow Drive. Bid-Police Interceptors Pub. Hearing V 99-05 The Mayor noted that South County Housing has requested a continuance of this request, and that a study session be held to review this issue. Motion was made by Councilman Sudol, seconded by Councilmember G. Arellano and carried (Councilmen Morales and Pinheiro absent) to schedule a study session from 5:45 p.m. to 7:00 p.m. next Monday, March 28, 2000, and continue item VILE. for South County Housing to the City Council agenda of March 6, 2000. The Mayor returned to the regular order of the agenda. City Administrator Baksa presented a recommendation to purchase ten (10) Year 2000, Ford Crown Victoria Police Interceptors FY 99/00 and FY 00/01 from Miracle Ford (Pasadena, California) in the amount of$238,580.00. Motion was made by Councilman Sudol, seconded by Councilman P. Arellano and carried (Councilman Morales absent) to purchase ten (10) Year 2000, Ford Crown Victoria Police Interceptors FY 99/00 and FY 00/01 from Miracle Ford (Pasadena, California) in the amount of$238,580.00. The Mayor stated it was the time and place scheduled for a continued Public Hearing on an appeal of a denial of a Variance request from Zoning Ordinance Section 34.34 Fences and Obstructions, Section 34.40 Prohibited Materials, and Section 34.43 Wire Mesh Fences, to allow a fence over three (3) feet high within fifteen (15) feet of the front property boundary; to allow a fence over three (3) feet high within five (5) feet of the side yard property boundary adjacent to a street; and to allow a wire mesh fence within the front yard setback area and within the side yard setback area adjacent to a street, on property located at 264 Martin Street, zoned RI-HS (Single Family Residential-Historic Site). Patty Sweeney, applicant, V 99-05. The staff report was noted and further eXplained by Planner I Stice. The Mayor opened the Public Hearing. (At 7:36 p.m. Councilman Morales entered the Council Chambers.) Pub.Hearing Annex. No.3 To Maint. Dist. No. 1 7'~ ,) 7 Patty Sweeney gave a history of the property regarding her decision to construct a fence. She discussed her decision regarding use of the chain link fence material for this fence. She also requested that the variance be approved for siting this fence along the property line due to the need to protect her property. Amos Brown, Jr. stated that the fence is not obstructing the view from the street. He distributed pictures showing the views in the area, and also stated that he has a video of the site if Council would like to view it. Patty Sweeney reviewed the five findings that the Council must make, and displayed pictures of other similar fences in the area. She requested that her variance be approved. Amos Brown, Jr. stated that Patty Sweeney left the block wall available for senior citizens to sit on. The Mayor closed the Public Hearing. Planner I Stice clarified the definition of wire mesh fencing. He also clarified that the corner visibility is for pedestrians as well as for vehicles on the street. City Attorney Callon clarified the City Code language regarding the setback at the corner of this parcel. She stated that if this is approved, a condition should be placed on the approval regarding keeping the area of the fence above 3' high clear of bushes and shrubbery. Councilmember G. Arellano stated that she does not have a conflict of interest and will vote on this issue. Motion was made by Councilman Morales, seconded by Mayor Springer and the motion failed (Councilmembers G. Arellano, Pinheiro, Sudol and Velasco voting no) to direct staff to prepare a resolution approving V 99-05, subject to two conditions 1) that the fence along Martin Street be moved behind the masonry wall, and 2) that the corner area fencing be kept free of all vegetation.. Motion made by Councilman Sudol, seconded by Councilmember G. Arellano and carried (Councilmembers P. Arellano, Morales, and Springer voting no) to prepare a resolution denying V 99-05. At 9:00 p.m., the Mayor called for a five minute recess, after which he recalled the meeting to order. The Mayor stated it was the time and place scheduled for a Public Hearing to take final action on the annexation of the territory to be known as Annexation No. 3 to the Maintenance District NO.1 and the Levy of the first Assessments in the area annexed. The staff memorandum was noted and further explained by City Administrator Baksa. It was noted that as of February 16,2000,4 ballots in opposition to and 212 ballots in favor of Maintenance District NO.1 - Annexation NO.3 Assessments had been received. The Mayor opened the Public Hearing. Patrick Elmendorf stated that Eagle Ridge provided the equipment for storm, sewer, and water. It was explained that these systems are then maintained by the City of Gilroy, and that is what this assessment is for. Mr. Elmendorf stated that he did not remember signing any disclosure regarding this. 74 ::) n Don Nunes explained that once the improvements are accepted, the developer has a one year maintenance period, and after that period, the assessment will be added to the property tax bill. The Mayor closed the Public Hearing. Res. 2000-09 Motion was made by Councilman Pinheiro, seconded by Councilman P. Arellano and carried to approve Resolution No. 2000-09 for Annexation of Territory to Maintenance District NO.1 of the City of Gilroy and to authorize the levy of special assessments therein. RESOLUTION NO. 2000-09 A RESOLUTION OF ANNEXATION OF TERRITORY TO MAINTENANCE DISTRICT NO.1 OF THE CITY OF GILROY AND TO AUTHORIZE THE LEVY OF SPECIAL ASSESSMENTS THEREIN. PASSED AND ADOPTED this 22nd 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 Pub. Hearing M 99-10 ARE 99-01 The Mayor stated it was the time and place scheduled for a 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). The staff report was noted and further explained by Planner II Durkin. She noted that she spoke with Paul Filice, who indicated that Oak Commons, part of the Victoria Woods project consisting of75 senior apartment units, will not go forward. Due to this discussion, with the addition of 75 available exempt units, she noted that she now recommends that this project be approved. The City Attorney noted that this project does not have an environmental exemption, and the project will have to provide an environmental assessment. Regarding concerns related to parking, she noted that the parking district does not include parking for residential uses. She noted that if Council approves the affordable housing exemption tonight, that that is not a guarantee that the applicant's future applications will be approved. The City Administrator noted that in 4-5 years the Parking District bond will be paid off and there will no longer be a Parking District. Planner II Durkin clarified that with the 75 units relinquished by Victoria Woods, that would leave 114 units available. She stated that this application is requesting 46 units and there are an additional 46 units with applications on file. She stated that out of the 114 units, this totals 92 units currently under application. There was discussion by the Council as to whether these units were "infill" units or "affordable" units. The Mayor opened the Public Hearing. Darrel Kelly, 670 Glenview Court, noted that most of the issues discussed tonight will be dealt with at Architectural and Site, and agreed that any approval tonight is no guarantee for future approvals. He noted that the Uniform Building Code would allow no more than two persons in each unit. He commented on the 7 ,,' t) '1' ~) ./ parking issue, stating that if he built all commercial vs. a combination of commercial and residential, it would be the same requirement. He stated that by dedicating some land, he can gain 14 parking spaces, even though they won't be on site spaces. John Donohoe, RJA, representing Karen Christopher, noted that he has no position on this application. He stated that there is an unfair advantage to small infill projects vs. large affordable projects, in the way that they go through the approval cycle. He requested the Council allocate units to the small infill projects that are currently in process. City Attorney Callon noted that staff is working on a policy to vest affordable housing units. The Mayor closed the Public Hearing. Bruce Tingey, applicant, in answer to a question stated that any delay costs about $3,000 per day, but commented that it is important that the Council is comfortable with their decision. He noted a two week delay would not hurt them. Motion was made by Councilman Sudol, seconded by Councilman Morales and the motion did not carry (Councilmembers G. Arellano, P. Arellano, Pinheiro and Velasco voting no) to approve M 99-10 (ARE 99-01), subject to the clarification of the availability of the 75 units and signing of an agreement. Motion was made by Councilmember G. Arellano, seconded by Councilman Pinheiro and carried (Councilman P. Arellano voting no) to continue M 99-10 (ARE 99-01) to March 6,2000, and to have a draft policy to vest affordable housing units. (At 11:05 p.m. Councilman Sudol left the Council Chambers and returned at 11:07 p.m.) At 11 :08 p.m. the Mayor called for a five minute recess, after which he recalled the meeting to order. Renaming The Mayor noted a request to reconsider renaming a portion of Thomas Road Thomas Road to "West Luchessa Avenue" and the renaming of "Luchessa Avenue" to ''East Luchessa Avenue". The staff memorandum was noted and further explained by City Administrator Baksa. Sandoe Hanna, 9765 Monterey Highway, stated that he has used Thomas Road all his life. He reviewed the history of Thomas Road and the area. He stated that the name should be changed back to Thomas Road. Lynn Lance stated the Thomas family lived in the family home until 1966. He stated that not until the Army Corps of Engineers constructed the levee, and the home had two fires damage it, did the home become uninhabitable. He asked that the name be restored to this road. Connie Rogers stated that when the tentative map for the new area to the west of Thomas Road was approved with the new name of West Luchessa, the Council was not aware that the rest of the roadway would have the name changed also. She suggested that the new area be called "New Thomas Road." She asked that the original roadway name be changed back to "Thomas Road." She noted that Thomas Road was there in 1907, but Luchessa was not there until the 1920s. She stated that they have 291 names on petitions requesting to restore the name. 7490 Cardroom Games Cardroom Games A/S 99-55 Councilmembers G. Arellano, Pinheiro, Morales, and Springer expressed interest in reopening the request to rename the Thomas/Luchessa roadways. Councilmembers G. Arellano, Pinheiro, Morales, Velasco, and Springer expressed the opinion that alternative #2 be pursued with this name change. This alternative would leave East Luchessa as it is currently named, and pursue changing the roadway currently named 'West Luchessa" from Monterey Road to Santa Teresa Boulevard to become "Thomas Road." The Mayor noted a resolution setting forth permissible games authorized for play in cardrooms pursuant to Gilroy Municipal Code Section 16.6-1 et seq. The staff memorandum was noted and further explained by Police Chief Giusiana. M. A. Schlesinger stated that forbidding Pan is contrary to his interests, as Pan and Super Pan 9 are two different games. Raul Rivas, Garlic City Club, noted the confusion of the Mexican Stud card game with California 22. He commented that California 22 was not discussed at the last meeting, but rather he gave Sgt. Kludt information regarding the card game for a possible future game. He stated that they have decided not to offer California 22 in Gilroy. A motion by Councilman Velasco and seconded by Councilman Pinheiro continued from the meeting of February 7, 2000 was amended by Councilman Velasco and agreed to by Councilman Pinheiro and carried to adopt a resolution setting forth permissible games authorized for play in cardrooms pursuant to Gilroy Municipal Code Section 16.6-1 et seq. RESOLUTION 2000-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING FORTH PERMISSIBLE GAMES AUTHORIZED FOR PLAY IN CARDROOMS PURSUANT TO GILROY MUNICIPAL CODE SECTION 16.6-1 ET SEQ. AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, VELASCO, SUDOL, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The Mayor noted an Ordinance of the City Council of the City of Gilroy amending Chapter 16, Section 16.6-1 regarding the number of cardroom permits. The staff memorandum was noted and further explained by Police Chief Giusiana. Motion was made by Councilmember G. Arellano, seconded by Councilman Sudol 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 Councilmember G. Arellano, seconded by Councilman Sudol and carried (Councilmen Pinheiro and Velasco voting no) to introduce the ordinance amending Section 16.6-1 of the Gilroy City Code. The Mayor noted a request for a Planned Unit Development Architectural and Site design review approval to construct a four-story 96-unit motel within a larger PUD project site located at 5975 Travel Park Circle, zoned CM-PUD (Commercial Industrial-Planned Unit Development). Ramada Inn, applicant, A/S 99-55. 7 " ", , :.t .7 The staff report was noted and further explained by Planner I Casper, and Traffic Engineer Abrams answered traffic related questions. Howard Vierra stated he is available for questions. He noted the solution delineated on the plans for stopping pedestrians from crossing in areas other than the crosswalk. Motion was made by Councilmember G. Arellano, seconded by Councilman Sudol and carried to direct staff to prepare a resolution approving NS 99-55, with an added condition # 14 that the intersection be reviewed by the City of Gilroy Traffic Engineer and Caltrans to more stringently regulate turns. At 12:53 a.m. the Mayor called for a 5 minute recess, after which he recalled the meeting to order. NS 99-58 The Mayor noted a request for a Planned Unit Development Architectural and Site design review approval for the construction of a 52 unit, low-income senior and multi-family apartment complex, on property located on the northwest corner of Monti celli Drive and Padova Street, zoned Rl/R3-PUD (Single Family ResidentiallMedium Density Residential-Planned Unit Development). South County Housing, applicant, NS 99-58. Councilman Pinheiro recused himself from discussion and vote on this application, as he conducts business with South County Housing. The staff report was noted and further explained by Planner II Durkin. Jan Lindenthal stated that the 8 units they are not using, are their gift to the Council. She stated that they are willing to sign the City's typical contract regarding affordable rate rental housing. She noted that if the need arises, a free shuttle service will be provided for the seniors. She stated that they have provided separate common areas, laundry facilities, etc. so that each area would feel comfortable in their own area of the complex. The Mayor stated for the record that he and Councilmember G. Arellano had viewed units that had construction problems, and that South County Housing stated these would be repaired in a timely manner. Motion was made by Councilmember G. Arellano, seconded by Councilman Morales and carried (Councilmen Sudol and Springer voting no and Councilman Pinheiro absent) to direct staff to prepare a resolution approving NS 99-58, with the added condition # 14 as recommended by the Planning Commission, and an added condition # 15 to require regularly scheduled frequent shuttle service, with said service to be evaluated in one year. Councilman Pinheiro returned to his seat at the dais. Fred Trujillo The Mayor noted a letter from Fred Trujillo resigning from the Arts and Culture Commission effective February 8, 2000. Motion was made by Councilman Sudol, seconded by Councilmember G. Arellano and carried to accept the resignation of Fred Trujillo from the Arts and Culture Commission with regrets. Council agreed to receive applications by mid-April, and set April 17, 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. 7 ~ \""'? I.\- 7 ,~ Appointment of The Mayor noted a request by the Santa Clara Valley Transportation Councilmem- Authority to appoint a City Councilmember to the committee overseeing the ber to VT A Measure B Program. Committee Councilmember G. Arellano volunteered to be on this committee, with Councilman P. Arellano volunteering to be the alternate. The following information items were noted with no separate discussion on same. Legislation: League of California Cities Legislative Bulletin #5-2000 dated February 4, 2000; Letter to Senator Byron Sher regarding support for SB 1333 regarding DMV motor vehicle fees; and League of California Cities Legislative Bulletin #6-2000 dated February 11, 2000. Customer Service: E-mail of thanks from Joan Baker to Rhonda Pellin for her assistance; Letter of appreciation from Kim Jenkins for LeeAnn McPhillips and her team in their proactive role in managing the hiring process; Memorandum of thanks from Chief Giusiana to Sgt. John Sheedy for his coordination of the Tom Carr Dedication Memorial; and Note of thanks from Huldah Champion to Rhonda Pellin for her assistance with a workshop. Informational item: Letter from Supervisor Donald Gage to John Allard regarding a general plan amendment and zone change for the Sykes property. A& C Com. 1-11-00 The minutes of the Arts and Culture Commission meeting of January 11,2000 were noted. Gang Task Force The minutes of the Gilroy Gang Task Force meeting of January 4,2000 were 1-4-00 noted. Lib. Com. 1-12-00 The minutes of the Library Commission meeting of January 12, 2000 were noted. P & R Com. 1-18-00 The minutes of the Parks & Recreation Commission meeting of January 18, 2000 were noted. Sr.Adv.Bd. 1-10-00 The minutes of the Senior Advisory Board meeting of January 10,2000 were noted. The City Administrator distributed a letter from the City of Morgan Hill requesting a joint workshop of both City Councils to discuss SCRW A. He distributed the Capital Improvement Budget for Council review for the study session on February 28,2000. Adjournment 7' ., ,', -. '-t ) .j The Mayor stated that he had received a call from Gene Zanger, Visitors Bureau Advisory Council, requesting a study session to meet with the City Council. Council agreed to meet with the Visitors Bureau Advisory Council at 6: 15 p.m. on March 6, 2000. The Mayor stated that there was still an opening on the Gang Task Force for a representative from the City Council. Councilman Velasco volunteered to be the Council representative on the Gang Task Force. The Mayor stated that he had breakfast with the Mexican ambassador to the United States. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 34 FEBRUARY 2000 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., Gilroy City Council Chambers 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., Gilroy City Council Chambers 14 SCRW A 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., Gilroy 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 SCRWAMeeting -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 2:03 a.m., February 23, 2000 the Mayor adjourned the meeting. Respectfully submitted, ~~ City Clerk