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Minutes 2001/04/02 77 r.,-, . ',)0 ) Invocation Posting Agenda Roll Call New Emp. Proc. -SeX}JJI Assault Proc.-Tartan Day Goodwill Ind. ".;....., '. ;,,-;, - ------~~-~~- ~-.. ~!_,_ C' ."c...:,.:: .. .cc: ~- "',_, .. ......,"c.,..;.;-,..-.:..-,-,."'c.,-""c,;"'."'....,,,,,",.. <> _._--~-_._-_._--...._- Regular Meeting April 2, 2001 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Kevin Wilson, Gilroy Bible Church, gave the Invocation. The City Clerk noted that the Agenda had been posted on March 28, 2001 at 2: 52 p.m. Present: Councilmembers: Guadalupe Arellano, Peter D. Arellano, Charles S. Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco, and Thomas W. Springer - 7:07 p.m. The Mayor noted a wording change for the motion on item VI.3. The Mayor introduced new employee Norman Guzman, Chemical Control Specialist, Community Development Department. The Mayor presented Vivian Varela with a proclamation for Sexual Assault Awareness Month, April, 2001. She introduced Debbie Gutierrez who announced there will be an event on April 18th from 5:00 to 8:00 p.m. at Christmas Hill Park to promote Sexual Assault Awareness Month. The Mayor noted a proclamation for Tartan Day, April 6, 2001, which was hand delivered to the recipient. The Mayor noted a presentation by Steven G. Spivak and Hugh D. Barnett regarding Goodwill services and their new store in Gilroy. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Jim Hoey, 2480 Hecker Pass Highway, Gilroy, spoke on behalf of the small builders in Gilroy, requesting a small builder workshop in light of some of the RDO proposed changes. Consent Calendar. Budget Claim Res. 2001-15 Minutes Res. 2001-16 Bldg.Bd.of Appeals Report Pub. Hearing 7"., . ',). Motion was made by Councilmember G. Arellano, seconded by Councilman Sudol and carried that the following items under the Consent Calendar be approved, removing Item C. Resolution for GPA 00-02, 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: Budget Amendments/Transfers as recommended; Denied claim of Ralph Duarte; Adopted Resolution No. 2001-15 approving AlS 00-54, an application to amend the master Architectural and Site approval of a Planned Unit Development (PUD) to allow for varied front yard setbacks on approximately 21.4 acres, APNS 808-20-012 and 808-20-020, Thomas Road Properties, applicant. RESOLUTION NO. 2001-15 A RESOLUTION OF THE CITY OF GILROY APPROVING AlS 00-54, AN APPLICATION TO AMEND THE MASTER ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW FOR VARIED FRONT YARD SETBACKS ON APPROXIMATELY 21.4 ACRES, APNS 808-20-012 AND 808-20-020, THOMAS ROAD PROPERTIES, APPLICANT. PASSED AND ADOPTED this 2nd day of April, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Minutes of the Regular Council Meeting of March 19,2001; The City Attorney noted changes to the resolution. Motion was made by Councilman Sudol, seconded by Councilmember G. Arellano and carried to adopt Resolution No. 2001-16 approving a General Plan Circulation Element Amendment to modify the alignment of a north/south arterial on the eastern side of Gilroy to include Southside Drive, at the terminus of Obata Way on APNs 841-15-157,841-14-027,841-14-028, 841-14-066, 841-15-109, on approximately 28.16 acres, GPA 00-02, Green Valley Corporation, applicant. RESOLUTION NO. 2001-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A GENERAL PLAN CIRCULATION ELEMENT AMENDMENT TO MODIFY THE ALIGNMENT OF A NORTH/SOUTH ARTERIAL ON THE EASTERN SIDE OF GILROY TO INCLUDE SOUTHSIDE DRIVE, AT THE TERMINUS OF OBATA WAY ON APNS 841- 15-157,841-14-027,841-14-028,841-14-066,841-15-109, ON APPROXIMATELY 28.16 ACRES, GPA 00-02, GREEN VALLEY CORPORATION, APPLICANT. PASSED AND ADOPTED this 2nd day of April, 2001, by the following vote; AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERS: NONE Lael McCormack noted the members of the Physically Challenged Board of Appeals. She stated that John Greenhut is the current staff person assisting the Board. She noted that no variance appeals have been heard recently. She distributed a list of ADA improvements for the future. The Mayor stated it was the time and place scheduled for a Public Hearing on the 2001-2002 Program Year Community Development Block Grant Program Year Funding Allocation. 7 '7:' 7 I \.1 . .. The staff report was noted and further explained by Deputy Community Development Director Greenhut. He thanked his staff for their work on this project. Sam Bozzo noted the task of the Citizen Advisory Committee and thanked staff for their assistance. The Mayor opened the Public Hearing Donna DiMinico, Long Term Care Ombudsman Program of Catholic Charities, noted the activities advocating for the needs of their clients. Donna DiMinico, Daybreak Respite and Caregiver Support Services of Catholic Charities, noted they would like to increase the program in Gilroy, and that additional support has been pledged. Jessica Garcia-Kohl, Community Solutions, Battered Women's Shelter, asked for support of their program. She distributed a brochure on their program. Dan Aloot, Emergency Housing Consortium, reviewed the program for emergency housing at the Armory and the San Martin Family Living Center. Cheryl Huguenor, Live Oak Adult Day Services, thanked the Council for their support, but noted her disappointment with only being recommended for half of their request. Marisa Mitchell, on the Board of Live Oak Adult Day Services, noted the success of the program and invited the Council to visit the site. Ann Marquart, Project Sentinel, noted the services provided including fair housing, tenant/landlord dispute resolution, and mortgage default delinquency counseling. She noted that they far exceed their goals each year. Eleanor Villarreal, Rebekah Children's Services, thanked the Council for their prior support and the CAC and staff for their recommendation. She noted the expenses that are incurred and distributed a list of their priorities. David Cox, St. Joseph's Family Center, thanked the CAC for their recommendation and reviewed the activities that the funding will cover. The Mayor closed the Public Hearing. Motion was made by Councilman Sudol to remove funding from five requests to allow a reserve of$21,000 for future requests for energy bill payments for senior citizens, and the motion died for lack of a second. Sam Bozzo, in answer to a question, explained that the CAC felt the Catholic Charities Daybreak Respite and Caregiver Support Services should partner with an agency in Gilroy to have a local base. Cheryl Huguenor, in answer to a question, explained that the Daybreak Respite and Caregiver Support Services is different from Live Oak Adult Day Care, in that the clients come to their facility. Deputy Community Development Director Greenhut noted that HUD may not consider $5,000 held in reserve to be an eligible activity. Motion was made by Councilman Sudol, seconded by Councilman Morales and the motion failed (Councilmembers G. Arellano, P. Arellano, Pinheiro, and Velasco voting no) to eliminate funding $4,000 for Catholic Charities Daybreak Respite & Caregiver Support and fund $1,000 additional to Community Solutions Shelter for Women and fund $3,000 additional to Rebekah Children Services F AMIL YCARE, to cut $1,000 from Project Sentinel TenantILandlord Counseling and cut $4,000 from Project Sentinel Fair Housing Services (retaining the $4,000 7 '. , '\ . I) ,) for this from the Grant Administration), to hold $5,000 in reserve for potentially paying energy bills for senior citizens. Motion was made by Councilmember G. Arellano, seconded by Councilman Velasco and the motion failed (Councilmembers Morales, Pinheiro, Sudol, and Springer voting no) to accept the recommendation of the CAC. Motion was made by Councilmember P. Arellano, seconded by Councilman Velasco and carried to adopt the recommendations of the Citizens Advisory Committee as modified to eliminate funding $4,000 for Catholic Charities Daybreak Respite & Caregiver Support and fund $1,000 additional to Community Solutions Shelter for Women and fund $3,000 additional to Rebekah Children Services F AMIL YCARE, and approve the Community Development Block Grant Program Funding Cycle for 2001-2002 Program Year as follows: Catholic Charities - Long Term Care Ombudsman Community Solutions - La Isla Pacifica Economic & Social Opportunities - CAUSA Tutorial Program Emergency Housing Consortium - Housing for Homeless Residents Live Oak Adult Day Services - Adult Day Care MACSA - Summer Day Camp 2001 OUTREACH - Special Needs Transportation Project Sentinel- Fair Housing Project Sentinel- Tenant/Landlord Counseling Rebekah Children's Services - FamilyCare Second Harvest Food Bank - Operation Brown Bag St. Joseph's Family Center - Housing & Family Services St. Joseph's Family Center - Ochoa Winter Shelter Grant Administration - Project Sentinel - Fair Housing Services $ 4,000 $ 6,000 $ 4,000 $ 4,000 $ 4,000 $ 4,000 $ 4,000 $ 4,000 $ 5,000 $ 7,000 $ 4,000 $ 9,000 $ 4,000 $ 4,000 Motion was made by Councilmember G. Arellano, seconded by Councilman Sudol and carried to open the comment period for the 2001-2002 Action Plan of the 2000-2005 Consolidated Plan and continue the Public Hearing to May 7, 2001. Councilman Sudol stated for the record that we need to look at this issue with the energy crisis and decide what the Council is going to do. At 8:49 p.m. the Mayor called for a five minute recess, after which he recalled the meeting to order. Co-Sponsorship The Mayor noted a request for reconsideration by the Gilroy Downtown Downtown Development Corporation for City Co-Sponsorship of downtown events. Events The City Administrator reviewed the request, explaining that the latest letter from Dave Peoples clarifies the issues that the Council had concerns about, noting that this may set a precedent for co-sponsorship of events. Motion was made by Councilmember G. Arellano, seconded by Councilman P. Arellano and carried to approve City Co-Sponsorship of downtown events. Council agreed to review this issue at their mini-retreat to decide if they want to bring all requests to the Council for approval or develop guidelines. The Mayor noted an Ordinance of the City Council of the City of Gilroy approving Z 9903, an application for a change in zoning designation from Al (Agricultural) and R-l (Single Family Residential) to RI-PUD (Single Family Residential-Planned Unit Development) and OS (Open Space) to allow for subdivision of approximately 16.05 acres into twelve (12) residential lots and one (1) remainder lot designated as Open Space, APN 810-28-022, Karen Christopher, applicant. Z 99-03 Karen Christopher Motion was made by Councilmember G. Arellano, seconded by Councilman Morales 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. 7"" , I ... 1, , \/ u; Z 01-01 Sherrell Kirk TM 01-01 Motion was made by Councilman Sudol, seconded by Councilman Pinheiro and carried to introduce the Ordinance amending the Zoning Map. The Mayor noted an Ordinance of the City Council of the City of Gilroy approving an application for a change in zoning designation from Al (Agricultural) to R1 (Single family Residential) on approximately 3.72 acres, APN 790-16-048, Z 01-01, Sherrell Kirk, applicant. Motion was made by Councilman Sudol, seconded by Councilman Pinheiro 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 Councilman Sudol, seconded by Councilman Morales and carried to introduce the Ordinance amending the Zoning Map. The Mayor noted a Resolution of the City Council of the City of Gilroy modifying and approving TM 01-01, a Vesting Tentative Map to create fifty-seven single-family lots on approximately 34.7 acres located south of Troon Way, within the Eagle Ridge development, APN 810-41-006, Eagle Ridge Development Corp. LLC, c/o Shapell Industries of Northern California, applicant. James Suner requested this item be continued and submitted petitions signed by 118 residents to require a park in Eagle Ridge. He noted that Susan Mineta has agreed to give them some lots for this. Susan Mineta, Eagle Ridge Development Company, noted that she supports adoption of the resolutions as submitted. She stated that she supports neighborhood parks, and emphasized the public open space dedication ofland offered by Eagle Ridge. She noted that Eagle Ridge will increase the park area size near Troon Way, and that an additional potential park site has been identified. Mike Zill admitted that he did not know many of the facts that Susan Mineta brought up. He noted that he pays into the park fund as well as other Eagle Ridge homeowners. He stated that he wants to work with the developer. He noted concerns with the construction and narrow streets. Joe Lumeli stated that he thought that Eagle Ridge was a retirement community when he purchased his home. He noted the need for parks in this development, due to younger families moving in. Chris Ordaz, 1925 St. Andrews Circle, noted concerns and the need to sit with Shapell and voice their concerns. He stated that children are not allowed on the golf course, and noted that the salamander has more play area than his children. Charles Goodley, 1846 Club Drive, noted that his grandchildren have no place to play. He stated that he would prefer to have a park nearby for the children. Motion was made by Councilmember G. Arellano, seconded by Councilman P. Arellano and the motion failed (Councilmembers Morales, Sudol, Velasco, and Springer voting no) to continue adoption of the resolution to April 16, 2001. Susan Mineta and Armenta Jensen discussed the additional two lots next to the tot lot that have been offered to increase the size of the park area. They also noted that additional areas are being looked at for park areas. Ms. Jensen stated that Shapell is willing to work with the homeowners and hopes that this will not make for a divisive community. Motion was made by Councilman P. Arellano, seconded by Councilman Pinheiro and the motion failed (Councilmembers Morales, Sudol, Velasco, and Springer voting no) to deny TM 01-01. 77 i: r-) Res. 2001-17 Motion was made by Councilman Sudol, seconded by Councilman Velasco and carried (Councilmembers G. Arellano, P. Arellano, and Pinheiro voting no) to adopt Resolution No. 2001-17 modifying and approving TM 01-01, a Vesting Tentative Map to create fifty-seven single-family lots on approximately 34.7 acres located south of Troon Way, within the Eagle Ridge development, APN 810-41- 006, Eagle Ridge Development Corp. LLC, c/o Shapell Industries of Northern California, applicant. RESOLUTION NO. 2001-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MODIFYING AND APPROVING TM 01-01, A VESTING TENTATIVE MAP TO CREATE FIFTY -SEVEN SINGLE-FAMILY LOTS ON APPROXIMATELY 34.7 ACRES LOCATED SOUTH OF TROON WAY, WITHIN THE EAGLE RIDGE DEVELOPMENT, APN 810-41-006, EAGLE RIDGE DEVELOPMENT CORP. LLC, C/O SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA, APPLICANT. PASSED AND ADOPTED this 2nd day of April, 2001, by the following vote; AYES: COUNCILMEMBERS: MORALES, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO and PINHEIRO ABSENT: COUNCILMEMBERS: NONE AlS 00-33 The Mayor noted a Resolution of the City of Gilroy approving AlS 00-33, an application for Master Architectural and Site approval addendum of a Planned Unit Development (PUD) for a project involving approximately 40 acres, APN 810-24- 005, Eagle Ridge Development Corp. LLC, c/o Shapell Industries of Northern California, applicant. Res. 2001-18 Motion was made by Councilman Sudol, seconded by Councilman Velasco and carried (Councilmembers G. Arellano, P. Arellano, and Pinheiro voting no) to adopt Resolution No. 2001-18 approving AlS 00-33, an application for Master Architectural and Site approval addendum of a Planned Unit Development (PUD) for a project involving approximately 40 acres, APN 810-24-005, Eagle Ridge Development Corp. LLC, c/o Shapell Industries of Northern California, applicant. RESOLUTION NO. 2001-18 A RESOLUTION OF THE CITY OF GILROY APPROVING AlS 00-33, AN APPLICATION FOR MASTER ARCHITECTURAL AND SITE APPROVAL ADDENDUM OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A PROJECT INVOLVING APPROXIMATELY 40 ACRES, APN 810-24-005, EAGLE RIDGE DEVELOPMENT CORP. LLC, C/O SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA, APPLICANT. PASSED AND ADOPTED this 2nd day of April, 2001, by the following vote; AYES: COUNCILMEMBERS: MORALES, SUDOL, VELASCO and SPRINGER NOES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO and PINHEIRO ABSENT: COUNCILMEMBERS: NONE CFD #1 The Mayor noted a request for possible abandonment of Community Facilities Possible District No.1 (Emergency Medical Services). Abandonment (At 10:20 p.m. Councilman P. Arellano left the Council Chambers and returned at 10:29 p.m.) The City Administrator asked to table this issue for a month to allow additional time for discussion. Chris Ordaz noted the concern of the real estate community for possible buyers of property when this appears on the preliminary title report. He stated that it would be nice if it was removed. 7"'/ ;, " I \) r) A& C Com. 2-13-01 Motion was made by Councilmember G. Arellano, seconded by touncilman Sudol and carried to continue this request to May 21, 2001. The following informational items were noted with no separate discussion on same: Legislation: Letter of opposition to SB 910 (Dunn) Housing Elements. Fines, Penalties, and Litigation; League of California Cities Priority Focus #10-2001 dated March 16,2001; and League of California Cities Priority Focus # 11-200 1 dated March 23, 2001. Customer Service: Memorandum of congratulations from the Parks and Recreation Commission to Gayle Glines and her staff on the success of the Gilroy Young Artists Show; Memorandum of congratulations from the Parks and Recreation Commission to Gayle Glines for a job well done for the Kids Discover Arts Program; Phone call of appreciation from Gloria Levinthal for the excellent customer service by Rick Brandini in assisting with facility setup at the Willey House; Note ofthanks from Pat Midtgaard to Bill Faus for being a guest reader on Dr. Seuss Day; and Note of thanks from Huldah Champion to Bill Faus for his assistance with the Planning Commission and Planning Commission retreat. Informational items: City of Gilroy Investment Report February 2001; Community Development Department - Planning Division monthly report of long-range applications and status ofRDO allocation & activity dated March 26, 2001; and Letter to Senator Speier regarding the City of Gilroy support of legislative efforts to reverse the detrimental effects of the ERAF property tax shift. The minutes of the Arts and Culture Commission meeting of February 13, 2001 were noted. Gang Task Force The minutes of the Gilroy Gang Task Force meeting of February 6,2001 were 2-6-01 noted. Lib. Com 2-14-01 P&RCom. 2-20-01 Sr.Adv.Bd. 2-14-01 SCRWA 2-17-01 3-13-01 The minutes of the Library Commission meeting of February 14, 2001 were noted. The minutes of the Parks & Recreation Commission meeting of February 20, 2001 were noted. The minutes of the Senior Advisory Board meeting of February 14,2001 were noted. The minutes of the South County Regional Wastewater Authority meeting of February 27,2001 (corrected) and March 13,2001 were noted. 7',7" -J . I \.i I Youth Com. 2-12-01 The minutes of the Youth Commission meeting of February 12,2001 were noted. RDO Exemption The City Administrator noted a report on Tentative Map applications currently under review for 12 lots or fewer under the exemption classification. (At 10:29 p.m. Councilman Morales left the Council Chambers and returned at 10:30 p.m.) The City Administrator and City Attorney explained the request and possible actions. Jim Hoey, Hecker Pass Highway, Gilroy, noted that he has a project on the proposed list. He stated that he would like to see this 10 year cycle to continue with the current rules, and if the Council changes the rules, it should be for the next 10 year cycle. He noted that small projects have trouble competing with large builders under the RDO because of the point system. (At 11 :02 p.m. Councilman P. Arellano left the Council Chambers and did not return. ) Gary Walton, Custom One, noted that just because someone proposes a project, that doesn't necessary mean that it will be built. He stated that there needs to be Council discretion for the number of units. Council agreed to set a Joint Study Session for 5:30 p.m. on April 23, 2001 to meet with developers regarding the RDO small projects/small builder exemption category. The City Administrator asked to make sure that all the Councilmembers have a copy of the RDO information. He distributed information for next Monday's meeting on the General Plan update. He stated that staff has written letters to housing tract developers regarding the signs going up in the public right-of-way on Santa Teresa Boulevard. He noted that he will be meeting with the Police Department regarding enforcement. Mayor Pro Tern The Mayor noted the appointment of Mayor Protempore from April 2, 2001 to December 3, 2001. Motion was made by Councilman Pinheiro, seconded by Councilman Sudol and carried to appoint Councilman Morales as the Mayor Protempore from April 2, 2001 to December 3, 2001. The Mayor announced that the April 10, 2001 SCRWA meeting has been cancelled. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 APRIL 2001 2 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers 2*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 9 Study Session - Presentation by Competisys regarding Utility District - 5:30 p.m., Gilroy City Council Chambers 9*Special City Council Meeting on the General Plan Review - 7:00 p.m., Gilroy City Council Chambers 10 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy - CANCELLED 16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 23 City Council/Planning Commission Mini-Retreat "Vision of Gilroy" - 7:00 p.m., Gilroy Senior Center Meeting Room 24 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy l 7708 Adjournment c'-, ''e. y... '~~;'. ~ -.\'::.',':",",.. .,:,..""..:,_. ,,",;.;~ """,_ ,cc., 30*Joint Workshop City Council/Planning Commission regarding RDO Process. Growth Numbers and Affordable Housing Exemption Policy -7:00 p.m., Council Chambers MAY 2001 3 Council Mini-Retreat re: Various Issues- 12:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California 7 Study Session - High Density Housing Design Standards - 5:30 p.m., Gilroy City Council Chambers 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 16*Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers 21 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 22 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 29*Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers JUNE 2001 4*Tentative Library Pre-Design Presentation - 5:30 p.m., Gilroy City Council Chambers 4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 12 SCR W A Meeting - 7: 30 a. m., 1500 Southside Drive, Gilroy 18*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 27 Ouarterly Workshop with the Gilroy Unified School Board - 7:00 p.m., Temporary Environmental Education Center (TEEC) building at the Ranch Site, Christmas Hill Park, 7049 Miller Avenue, Gilroy, California At 11:21 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~~JC~~ /s RHONDA PELLIN City Clerk