Minutes 2001/04/16
Posting
Agenda
Roll Call
New Emp.
7/
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Regular Meeting
April 16,2001
Gilroy, California
The Mayor announced that the Council had adjourned from a Closed Session
regarding Conference with Labor Negotiator, pursuant to Government Code
Section 54957.6 and that no action had been taken.
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the Agenda had been posted on April 11, 2001
at 1:45 p.m.
Present: Councilmembers: Guadalupe Arellano (arrived 7:06 p.m.), Peter D.
Arellano, Charles S. Morales, Al Pinheiro, Anthony C. Sudol III, Roland Velasco
(arrived 7:06 p.m.), and Thomas W. Springer - 7:05 p.m.
The Mayor noted that the two NS application staff reports will be heard
together under New Business.
The Mayor introduced new employees Timothy Price, Firefighter, Fire
Department and Jim Maestri, Engineering Technician/Inspector III, Community
Development Department.
Proc. -Gilroy The Mayor noted proclamations for the Gilroy Youth Ambassadors to hand
Youth deliver to Japanese officials in Takko-Machi, Asakura Town, Mizunami, and
Ambassadors Ehime Prefecture on their visit to Japan currently taking place.
Proc.-Arbor
Day
Vol. Award
Hedy Chang
Bill Capps
VTA
The Mayor presented a proclamation to Bob Connelly for Arbor Day, April 21,
2001.
The Mayor presented the Volunteer of the Month of March, 2001 to Danny
Martin.
The Mayor noted a presentation by Councilmember Hedy Chang, City of
Morgan Hill, of an American flag which flew over the Capitol on March 14, 2001
in Washington, D. C.
The Mayor noted a presentation by Bill Capps, Valley Transportation
Authority, regarding proposed bus routes.
Gilroy Visitors The Mayor noted a presentation by Kirsten F. Carr regarding Gilroy Visitors
Bureau Bureau activities.
Consent
Calendar
Minutes
Budget
Ord.2001-4
Karen
Christopher
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.
Motion was made by Councilman Morales, seconded by Councilman Sudol
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, Charles S. Morales, Al Pinheiro, Anthony C. Sudol III, Roland
Velasco, and Thomas W. Springer:
Minutes of the Regular Council Meeting of April 2, 2001;
Budget Amendments/Transfers as recommended;
Adopted Ordinance No. 2001-4 approving Z 99-03, 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, appli€ant.
7/ '\ 4
ORDINANCE NO. 2001-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING Z 99-03, AN APPLICATION FOR A CHANGE IN ZONING
DESIGNATION FROM Al (AGRICULTURAL) AND R-1 (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.
PASSED AND ADOPTED this 16th 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
Ord.2001-5 Adopted Ordinance No. 2001-5 approving an application for a change in
Sherrell Kirk 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.
ORDINANCE NO. 2001-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A CHANGE IN ZONING
DESIGNATION FROM Al (AGRICULTURAL) TO Rl (SINGLE FAMILY
RESIDENTIAL) ON APPROXIMATELY 3.72 ACRES, APN 790-16-048, Z 01-
01, SHERRELL KIRK, APPLICANT.
PASSED AND ADOPTED this 16th 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
Claim
Denied claim of Villegas, et. al.;
Accept.Impr.
Fortino &
Kishimura
Accepted Improvements, Lands of Fortino & Kishimura, APNs 835-01-056,
835-02-053 & 054;
Res.200 1-19
Karen
Christopher
Adopted Resolution No. 2001-19 modifYing and approving TM 99-07, a
Vesting Tentative Map to create twelve single-family lots and one remainder lot
for Open Space dedication on approximately 16.05 acres located at 1000 Mesa
Road, APN 810-28-22, Karen Christopher, applicant.
RESOLUTION NO. 2001-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
MODIFYING AND APPROVING TM 99-07, A VESTING TENTATIVE MAP
TO CREATE TWELVE SINGLE-FAMILY LOTS AND ONE REMAINDER
LOT FOR OPEN SPACE DEDICATION ON APPROXIMATELY 16.05
ACRES LOCATED AT 1000 MESA ROAD, APN 810-28-22, KAREN
CHRISTOPHER, APPLICANT.
PASSED AND ADOPTED this 16th 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
Res.2001-20 Adopted Resolution No. 2001-20 declaring its intention to levy annual
Maint.Dist.#l assessments for Maintenance District No.1, fiscal year 2001/2002 and setting a
Public Hearing thereon.
Pub. Hearing
Weeds
Res. 2001-21
Weeds
Res.2001-22
TM 00-01
Sherrell Kirk
7'1 r"
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RESOLUTION NO. 2001-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR
MAINTENANCE DISTRICT NO.1, FISCAL YEAR 2001/2002 AND
SETTING A PUBLIC HEARING THEREON.
PASSED AND ADOPTED this 16th 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
The Mayor stated it was the time and place scheduled for a Public Hearing
to consider annual destruction or removal of weeds and/or refuse constituting a
public nuisance in the City of Gilroy.
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing. There being no comment from the
audience, the Mayor closed the Public Hearing.
Motion was made by Councilman Morales, seconded by Councilman Velasco
and carried to adopt Resolution No. 2001-21 instructing the Fire Chief to abate the
nuisance arising out of weeds growing upon lots in the City, modifYing the title to
remove OR IN FRONT OF PROPERTIES.
RESOLUTION NO. 2001-21
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INSTRUCTING THE FIRE CHIEF OF THE FIRE DEPARTMENT TO ABATE
THE NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE
ACCUMULATING UPON LOTS IN THE CITY OF GILROY, PURSUANT TO
SECTION 12.51 OF THE GILROY CITY CODE.
PASSED AND ADOPTED this 16th 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
Councilman Velasco stated that he is sympathetic to the arguments by
Councilmembers P. Arellano and Sudol and based upon the list that staff generated
regarding the remainder units and small builder projects that were in the queue, he
noted that he will be changing his no vote and stated that he feels that this would
be fair to this particular applicant.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried (Councilmembers P. Arellano and Sudol voting no) to adopt
Resolution No. 2001-22 approving TM 00-01, a Tentative Map to subdivide
approximately 3.72 acres into twelve single-family lots and a 0.69 acre remainder
parcel, APN 790-16-048, Sherrell Kirk, applicant.
RESOLUTION NO. 2001-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 00-01, A TENTATIVE MAP TO SUBDIVIDE
APPROXIMATELY 3.72 ACRES INTO TWELVE SINGLE-FAMILY LOTS
AND A 0.69 ACRE REMAINDER PARCEL, APN 790-16-048, SHERRELL
KIRK, APPLICANT.
PASSED AND ADOPTED this 16th day of April, 2001, by the following vote;
AYES: COUNCILMEMBERS: G. ARELLANO, MORALES, PINHEIRO,
VELASCO and SPRINGER
NOES: COUNCILMEMBERS: P. ARELLANO and SUDOL
ABSENT: COUNCILMEMBERS: NONE
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NS 01-17
Garlic Farm
Annex LLC
Howard
Vierra
NS 01-18
Garlic Farm
Annex LLC
Howard
Vierra
The Mayor noted a request for Architectural and Site Planned Unit
Development Design Review request for the development of a 160-space
recreational vehicle park on property zoned M1-PUD (limited Industrial-Planned
Unit Development), located on Bolsa Road, south of Travel Park Circle (south of
the Garlic Farm Truck Stop), and immediately east of Highway 101. The Garlic
F arm Annex LLC (c/o Howard Vierra), applicant, NS 01-17.
(At 8: 16 p.m. Councilman Morales left the Council Chambers and returned at
8: 17 p.m.)
The staff report was noted and further explained by Planner II Casper.
Howard Vierra explained that there are 10' sidewalks on Bolsa Road. He
noted that for security reasons, a fence will be needed on top of the berm. In
answer to a question, he reviewed the truck parking area. He agreed to the
compromise of planting more mature landscaping to cover the soundwall fence.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried (Councilman P. Arellano voting no) to direct staff to prepare a resolution
approving NS 01-17, subject to the 15 conditions in the staff report, an additional
condition #16 regarding eliminating or moving Spaces 43, 71 and 72 a distance of
25 feet or more from the restrooms, and adding condition # 17 that a landscape
plan for the soundwall along Monterey Street frontage be required to accompany
the adoption of the resolution to be approved by the City Council.
The Mayor noted a request for Architectural and Site Planned Unit
Development Design Review request to construct a truck/recreational vehicle
service center facility as part of Phase 2 ofthe Garlic Farm Truck Stop, on
property zoned MI-PUD (Limited Industrial-Planned Unit Development), located
on Bolsa Road, south of Travel Park Circle (south ofthe Garlic Farm Truck Stop),
and immediately east of Highway 101. The Garlic Farm Annex LLC (c/o Howard
Vierra), applicant, NS 01-18.
The staff report was noted and further explained by Planner II Durkin.
Howard Vierra noted that all service facilities as this mixes vehicle traffic
circulation, including cars, trucks, and R V s.
Motion was made by Councilman Pinheiro, seconded by Councilman Sudol
and carried (Councilmembers G. Arellano, P. Arellano, and Springer voting no) to
direct staff to prepare a resolution approving NS 01-18.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #12-2001 dated March 30, 2001.
Customer Service:
Note of thanks from Joe Olivera to Chief Dave Bozzo, Captain Art Amaro,
Engineer Colin Martin, Firefighters Cliff Colyer, Robert Silvia and the rest of the
Gilroy Fire Department staff for their assistance with a class project;
Letter of appreciation from Ken Gilbert and Shirley Prusia, Mooretown
Rancheria Volunteer Fire Department, to Chief Art Gillespie for the donation of
four programmable portable radios with chargers;
Note of thanks from Susan Valenta, Gilroy Chamber of Commerce, to Rhonda
Pellin for preparing City Council voting record information;
Plan. Com.
4-5-01
7/17
Letter of appreciation from Edwin Diaz, Linda Piceno and Roger Cornia,
Gilroy Unified School District, to Officer Terasaki, Officer Snow, and Officer
Lockepaddon for helping to insure the safety of their students; and
Note of thanks from the Planned Parenthood Mar Monte staff to Officer Lara
for sharing information with their staff.
Informational items:
Letter from Kim Garrett, Public Adviser, informing the City of Gilroy that a
location in Santa Clara County has been identified by the California Energy
Commission as a possible location for an emergency energy facility (peaker);
Gilroy Economic Development Corporation minutes of February 23,2001;
Minutes of the Police Chief's Advisory Board Meeting of March 14, 2001; and
Letter from Barbara Park and her concerns regarding speeding vehicles on
Sunrise Drive.
The report of the Planning Commission meeting of April 5, 2001 was noted.
The City Administrator distributed a list of all the General Plan decisions to
date, which will be provided to the environmental consultant. He distributed a
visioning worksheet/questionnaire to prepare for the meeting of May 23, 2001. He
distributed four topics for the mini-retreat on May 3, 2001. He noted future
meetings to include RDA discussions in June, a Calpine update on April 30, 2001
from 6:00 p.m. to 7:00 p.m., and an update on the budget at 5:30 p.m. on April 30,
2001.
(At 9:45 p.m. Councilman Velasco left the Council Chambers, and returned at
9:47 p.m.)
Councilmember G. Arellano stated that big rigs are parking overnight at
Mantelli and Santa Teresa Boulevard, and it was noted that staff will look into this.
She requested a presentation from the HCD Coordinator on what is happening
regarding South County Housing projects with regard to rentals and resales of the
homes.
Councilman Pinheiro reminded everyone of the Hecker Pass Specific Plan and
that he is available for any questions. He stated that Joel Goldsmith will continue
to give the Council updates.
Councilman P. Arellano stated that he hopes everyone will show up for Arbor
Day/Earth Day on April 21, 2001.
Councilman Morales noted that a firm that is looking at our Sports Complex
regarding outsourcing was impressed with the look of Gilroy. He requested, and
Council concurred, that this discussion should be added to the list for the May 3,
2001 mini-retreat.
Mayor Springer reminded everyone that next week is spring clean up week,
and noted that everyone can put out an additional seven bags of trash. He stated
that everyone can use their coupons to take large bulky items to the transfer
station. He also noted that AAA has a program to dispose of old automobile
batteries.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
7710,
APRIL 2001
16 Closed Session - Labor Negotiations - 6:00 p.m., Gilroy City Council
Chambers
16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
23 Study Session - RDO Small Builder Exemption Classification - 5:30 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 SCR W A Meeting - 7: 3 0 a. m., 1500 Southside Drive, Gilroy
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 SCRWA 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 SCRWA 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
JULY 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
10 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
16*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
24 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
Adjournment At 9: 57 p.m. the Mayor adjourned the meeting to a Closed Session pursuant to
Government Code Section 54956.8.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: APN 808-21-018, on the south side of West Luchessa Avenue at
Uvas Creek. Phyllis L. Gormy, et ai, land owner.
APN 808-21-016, along the south side of West Luchessa Avenue west
of Monterey Road. Frank Barberi, land owner.
Negotiating parties: Jay Baksa, Phyllis L. Gormy, et ai, and Frank Barberi
Under negotiation: Acquisition
At 10:08 p.m. the Mayor reconvened the meeting and announced that no
action had been taken in the Closed Session, and further adjourned the meeting.
Respectfully submitted,
~~~~
/s/ RHONDA PELLIN
City Clerk