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Minutes 2000/03/27 r- "_0_,"",,_ ,,"'_ _ ~_.. 7511:2 Posting Agenda Roll Call Pub. Hearing GPA 99-01 -. .".... ~"".. "'0.-'_.'.''''_ ,~"_. --- --- ,.~- Special Meeting March 27, 2000 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The City Clerk noted that the Agenda had been posted on March 22, 2000 at 2: 15 p.m. Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano (arrived at 7:03 p.m.), Charles S. Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W. Springer - 7:00 p.m. The Mayor stated it was the time and place scheduled for a continued Public Hearing on a General Plan Update and Amendment request. The proposed 1999 Update of the City of Gilroy's General Plan document is the first comprehensive update of the General Plan since its initial adoption in November, 1979. The proposed 1999 General Plan Update provides a guide for the physical development of the City, and brings the Plan into conformance with changes in State law and other legal requirements; reflects changes in the local population and economy since 1979; incorporates the most recent projections and assumptions regarding future growth; and responds to the issues, challenges and opportunities created by recent trends and developments. The proposed 1999 General Plan includes goals, 75 ; .~) policies and programs regarding State-mandated General Plan elements (Land Use, Circulation, Housing, Open Space, Conservation, Safety, and Noise), and "optional elements" (Agriculture, Air Quality, Cultural Facilities, Economic Development, Growth Management, Historic Preservation, Parks and Recreation, Scenic Highways, Schools, and Water Supply and Quality) to the year 2020. City of Gilroy, applicant, GPA 99-01. The City Administrator noted there will be a staff report on a downtown development boundary, Seismic Hazards map/asbestos-bearing rock policy/source material reference, removal of neighborhood school and re-use of school property policies, other issues or concerns, and other letters of request that have been received. He noted that April 10 will possibly be the final meeting where the straw votes will be reviewed and a decision will be made that staff and the consultant can review to see if additional environmental work will need to be done. Planning Division Manager Faus reviewed the staffreport regarding the downtown development boundary. Tony Bettencourt stated that he would like the paragraph on page 3-30 regarding relocation of auto-oriented businesses removed from the Plan. He noted that he was never notified regarding this action on his property. He noted there are 37 businesses, not 12, that will be affected by this action. Cheryl Boomgaarden stated that she owns a business at 7747 Monterey Street and noted that she objects to the paragraph on page 3-30 regarding relocation of auto-oriented businesses. (At 7:43 p.m. Councilman Morales left the Council Chambers, and returned at 7:45 p.m.) Ronald Gurries stated that he represents properties east of Monterey Street from First Street to Leavesley Road and two properties that border Monterey Street and Leavesley Road. He noted his opposition to relocating auto-oriented businesses. Jane Howard noted that she is a current owner of a car wash and prior owner of a tire store in the downtown and noted her opposition to the paragraph regarding relocation of auto-oriented businesses. Rick Mello stated that he was upset about the paragraph regarding relocation of auto-oriented businesses. He read from the Constitution regarding the rights of citizens regarding property. Don Stamps, 7331 Dowdy Street, noted his concerns regarding noise and traffic for the Civic Center expansion. (At 7:50 p.m. Councilman Sudol left the Council Chambers and did not return. ) Arti O'Connor noted that she was a member of the GPUC and stated that notices were published regarding their meetings and citizens were always allowed to speak at their meetings. She noted the vision planned for the downtown that the GPUC has recommended to improve the downtown. Planning Division Manager Faus reviewed the seismic hazards map, asbestos- bearing rock policy, and source material reference bibliography. Regarding the reference to the seismic hazards map, he agreed that the wording should refer to the most recent version of the map. Planning Division Manager Faus reviewed the removal of the neighborhood school and re-use of school property policies. He noted that the Planning Commission has recommended that Policy 17-06 and Policy 17-11 be stricken from the Plan. 75 i l The Mayor suggested not deleting 17.06 but rather rewording it to say: Encourage the siting of schools, especially elementary schools, within existing and new residential areas. Jane Howard stated that she is available for questions regarding the school district issues. She noted that during discussions of the GPUC subcommittee she noted that Policy 17.06 was in conflict with the policy of the school district. Planning Division Manager Faus reviewed the request of James Gailey, noting that his property is currently general planned local commercial with a proposed designation of downtown commercial. He noted the new General Plan allows some residential under the downtown commercial designation. Jim Gailey, 7560 Hanna Street, stated that he owns two lots on Fifth Street between Church and Eigleberry Streets, that previously had homes on them. He stated that he wants to put a single family home on each lot. Acting City Attorney Faber commented on John M. Filice's letter noting that by designating a certain parcel with a certain general plan designation does not constitute a taking of the property. Mr. Faus noted that the application by Mr. Filice is currently being evaluated according to the current General Plan. John Donohoe, on behalf of Glen Loma Group, distributed exhibits ofthe existing General Plan, current zoning map, and draft General Plan maps. He stated that the new General Plan would be removing all residential use of this property. (At 8:58 p.m. Councilman Morales left the Council Chambers and returned at 8:59 p.m.) Geary Coats distributed maps and requested amending the proposed General Plan at the southeast corner of Highways 101 and 152 from industrial to a commercial designation on 13.41 acres ofland. Milt Mintz, representing property north of Farrell Avenue and Monterey Highway, which is planned to be General Commercial, thanked he City for this designation. Kulwant Khaira stated that he owns property at Monterey Highway and Farrell Avenue, and the GPUC is proposing changing a portion of the property from Cl to C3. He stated his concerns that a portion of the property is planned to be residential. He stated that he would like entire lot to be C3. Sylvester Heinburg remarked on property from Leavesley Road north to Masten Avenue and also the Keaveney property. He stated that the Keaveney property is not in an earthquake zone and is not subject to flooding. (At 9:30 p.m. Councilmember G. Arellano left the Council Chambers and returned at 9:38 p.m.) The Mayor closed the public comment portion, which will be reopened on April 1 O. At 9:31 p.m., the Mayor called a ten minute recess, after which he recalled the meeting to order. The Council unanimously (Councilman Sudol absent) accepted the downtown development boundary. 75 j r Regarding the paragraph on page 3-30 ofthe draft General Plan regarding relocation of auto-oriented businesses Councilmembers Morales, Pinheiro, Velasco, and Springer agreed to strike the paragraph, Councilmembers G. Arellano and P. Arellano requested the wording be modified, and Councilman Sudol was absent. Regarding the Seismic Hazards map/asbestos-bearing rock policy/source material reference Councilmembers G. Arellano, P. Arellano, Pinheiro, Velasco, and Springer agreed to this to include reference to the latest version ofthe Seismic Hazards map (Councilman Morales requested wording for a specific dated map and Councilman Sudol was absent). Regarding removing Policies 17.06 and 17.11, Councilmembers P. Arellano, Morales, Pinheiro, Velasco, and Springer agreed to remove the policies (Councilmember G. Arellano voted to retain 17.06 and remove 17.11 and Councilman Sudol was absent). Regarding modifying Policy 17.08, Councilmembers Morales, Pinheiro, Velasco, and Springer agreed to modify (Councilmember G. Arellano voted to drop Policy 17.08, Councilmember P. Arellano voiced no opinion, and Councilman Sudol was absent) to the following wording: Encourage the siting of schools, especially elementary schools, within existing and new residential areas. Councilmember G. Arellano stated for the record, and the Mayor agreed, regarding Policy 17.06 that neighborhood schools are the vision of the GPUC and Gilroy could someday get to the neighborhood school vision. The Council unanimously agreed (Councilman Sudol absent) to designate the Glen Loma property as Park/Public Facility. Acting City Attorney Faber noted that the Draft General Plan page 1-12 has some statements on zoning consistency that are incorrect, in that all zoning must conform to the General Plan. He noted that Gilroy is a Charter City, which can allow zoning to be inconsistent with the adopted General Plan. The Council unanimously agreed (Councilman Sudol absent) to designate the James Gailey lots near Eigleberry and Fifth Streets as Low Density Residential. Regarding Geary Coats request to amend the property near Highways 101 and 152 from industrial to commercial, Councilmembers Morales, Pinheiro, Velasco, and Springer agreed to send it back to the Planning Commission for a recommendation (Councilmember G. Arellano voted for an industrial designation and to send it back to the Planning Commission with a staff report, Councilman P. Arellano voted for an industrial designation, and Councilman Sudol was absent). Don Stamps restated that he requests a master plan be developed for the Civic Center as part of the General Plan. The City Administrator offered to have staff meet with the Dowdy Street neighborhood regarding the new Police Station. Councilman. Pinheiro stepped down from the dais and recused himself from discussion and vote on the next item. Al Pinheiro requested a buffer oftwo lots along First Street at Church Street to be Commercial or Professional Office. Regarding having a buffer of two lots along the south side of First Street at Church Street to be Commercial or Professional Office, Councilmembers G. Arellano, Morales, Velasco, and Springer agreed (Councilman P. Arellano was opposed, and Councilmembers Pinheiro and Sudol were absent). Councilman Pinheiro returned to his seat at the dais. 7516 Adjournment Councilmember G. Arellano stated for the record that this would be beneficial to the Church Street commercial area, and that is why she is voting for it, because it is on Church Street. Regarding redesignating the land at the northwest corner of Farrell Avenue and Monterey Street, Councilmembers P. Arellano, Morales, Pinheiro, Velasco, and Springer agreed to redesignate the entire parcel to General Services Commercial rather than have a portion residential (Councilmember G. Arellano voted no, and Councilman Sudol was absent). F or the record, Councilmember G. Arellano stated that she voted no on this because she did not feel the residents in the area have had a chance to see this and the residents have not been given an opportunity to be heard. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 34 MARCH 2000 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 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 lO*Special Meeting - General Plan Public Hearing - 7:00 p.m., City Council Chambers 11 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 11 Study Session - CDBG Priorities - 7:30 p.m., Gilroy Senior Center Meeting Room 17 Commission Interviews - 6:30 p.m., Gilroy City Council Chambers 17*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 19 Study Session - Downtown Streetscape Proiects -7:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site Christmas Hill Park, 7049 Miller Avenue, Gilroy 24 Study Session - Sidewalks - 7:00 p.m., Gilroy Senior Center Meeting Room 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 8* Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers 9 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 15*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 22*Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers 23 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 31 Quarterly Workshop with GUSD Board - 7:00 p.m., Gilroy Unified School District Board Room, 7810 Arroyo Circle, Gilroy JUNE 2000 5*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 13 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy 19*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 27 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy At 11: 10 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~1fi;;~~)tft?f(... /s/ RHONDA PELLIN City Clerk