Minutes 2000/02/22
Proc. -Small
Business
Proc.-Large
Business
V 01. Award
Consent
Calendar
Minutes
Budget
Res. 2000-06
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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.
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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
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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.
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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
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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.
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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.
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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
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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,
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City Clerk