Loading...
Minutes 2002/02/19 '"........_.;;.,....".."...."...._,.c..., --------,.----.-. .-.- 7854 Regular Meeting February 19, 2002 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Invocation Pastor Dennis Nichols, South Valley Community Church, gave the Invocation George White The Mayor requested a moment of silence for former Councilman George White, who passed away yesterday. Posting Agenda The City Clerk noted that the agenda had been posted on February 13,2002 at 3:30 p.m. Roll Call Present: Councilmembers: Peter D. Arellano (arrived 6: 13 p.m.), Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer - 6:03 p.m. Under Orders of the Day, the Mayor announced that Items YA. and YB. will be continued to March 18,2002. Emp. Award The Mayor presented the Employee Award for the Month of February, 2002 to Joe Kline, Public Information Coordinator, Community Services Department Promoted The Mayor introduced promoted employee Jeff Castro, Senior Maintenance Worker, Community Services Department. New Employee The Mayor introduced new employee Jim Baumgartner, Maintenance Worker I, Community Services Department. Jeff Clet The Mayor introduced new Fire Chief Jeff Clet, and welcomed him to the City of Gilroy. Proc.-Susan Star- The Mayor noted a proclamation for Susan Starritt Jacobsen, 2001 Woman of ritt Jacobsen the Year, which was presented to her on February 8, 2002. Proc.-Michael The Mayor presented a proclamation to Michael Bonfante, 2001 Man ofthc Bonfante Year. He also presented other awards from various organizations and government entities to Mr. Bonfante regarding this designation. Proc.-Frankie Munoz The Mayor noted a proclamation for Frankie Munoz, 2001 Firman B. Voorhies Volunteer ofthe Year, which was presented to her on February 8, 2002. Proc-Betsy Hen ry The i'v1ayor noted a proclamation for Betsy Henry, 200 j EDe Educator of the Year, which \vas presented to her on February 8, 2002. 7855 Proc.-Aitken Associates The Mayor noted a proclamation for Aitken Associates, 2001 Small Business of the Year, which was presented to them on February 8, 2002. Proc.-McDonald'sThe Mayor noted a proclamation for McDonald's of Gilroy, 2001 Large of Gilroy Business of the Year, which was presented to them on February 8, 2002. Consent Calendar Motion was made by Councilman Gartman, seconded by Councilman Dillon and carried that the following items under the Consent Calendar be approved, by the following Roll Call Vote: Ayes: Councilmembers: Peter D. Arellano, Robert T. Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and Thomas W. Springer: Minutes Minutes of the Regular Council Meeting of February 4,2002; Budget Budget Amendments/Transfers as recommended; Ord.2002-5 Adopted Ordinance No. 2002-5 approving an application for a change in zoning designation from Rl (Single Family Residential) to RI-PUD (Single Family Residential-Planned Unit Development) on approximately 1.3 acres, APNS 790- 19-086, 790-19-087 and 790-19-088, Sync on Homes of California, applicant, Z 01-02; ORDINANCE NO. 2002-5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM Rl (SINGLE FAMILY RESIDENTIAL) TO RI-PUD (SINGLE FAMILY RESIDENTIAL-PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 1.3 ACRES, APNS 790-19-086, 790-19-087 AND 790-19- 088, SYNCON HOMES OF CALIFORNIA, APPLICANT, Z 01-02. PASSED AND ADOPTED this 19th day of February, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2002-9 Adopted Resolution No. 2002-9 approving TM 00-09, a Tentative Map to subdivide an approximately 1.3 acre site into 6 residential lots and a private park site located on Kern Avenue, south of Ramona Way, APNs 790-19-086, 790-19- 087 AND 790-19-088, Syncon Homes of California, applicant; RESOLUTION NO. 2002-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 00-09, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMA TEL Y 1.3 ACRE SITE INTO 6 RESIDENTIAL LOTS AND A PRIVATE PARK SITE LOCATED ON KERN AVENUE, SOUTH OF RAMONA WAY, APNS 790-19-086, 790-19-087 AND 790-19-088, SYNCON HOMES OF CALIFORNIA, APPLICANT. PASSED AND ADOPTED this 19th day of February, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Res.2002-10 Adopted Resolution No. 2002-10 approving A/S 01-16, an application for Architectural and Site approval of a Planned Unit Development (PUD) on approximately 1.3 acres, APNs 790-19-086, 790-19-087 and 790-19-088, Syncon Homes of California, applicant; 7856 RESOLUTION NO. 2002-10 RESOLUTION OF THE CITY COUNCIL OF GILROY APPROVING A/S 01- 16, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 1.3 ACRES, APNS 790-19-086, 790-19-087 AND 790-19-088, SYNCON HOMES OF CALIFORNIA, APPLICANT. PASSED AND ADOPTED this 19th day of February, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord.2002-1 Re-adopted Ordinance No. 2002-1 amending Section 4.1 of Article I of, and adding Sections 4.35 and 4.36 to Article IV of, Chapter 4 of the Gilroy City Code, pertaining to animals and fowl. ORDINANCE NO. 2002-1 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 4.1 OF ARTICLE I OF, AND ADDING SECTIONS 4.35 AND 4.36 TO ARTICLE IV OF, CHAPTER 4 OF THE GILROY CITY CODE, PERTAINING TO ANIMALS AND FOWL. PASSED AND ADOPTED this 19th day of February, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord.2002-6 Adopted Ordinance No. 2002-6 amending Gilroy Zoning Ordinance, the Residential Development Ordinance (RDO), Section 50.63 entitled "Annual Numerical Limits", Z 01-11, regarding RDO exemptions. ORDINANCE NO. 2002-6 AN ORDINANCE OF THE CITY OF GILROY AMENDING GILROY ZONING ORDINANCE, THE RESIDENTIAL DEVELOPMENT ORDINANCE (RDO), SECTION 50.63 ENTITLED "ANNUAL NUMERICAL LIMITS", Z 01-11, REGARDING RDO EXEMPTIONS. PASSED AND ADOPTED this 19th day of February, 2002, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT; COUNCILMEMBERS: NONE Michael Bonfante Michael Bonfante thanked all the people who made it possible to reopen Bonfante Gardens Theme Park, especially the Councilmembers for their concessions in the Residential Development Ordinance. Bid-2001/2002 The City Administrator presented a recommendation to award the bid for the Street 2001/2002 Street Resurfacing Program, Project No. 00-CDD-538 to Duran & Resurfacing Venables in the amount of$733,258.07. Program Councilman Pinheiro recused himself from discussion and vote on this item due to the proximity of his residence to this project, and stepped down from the dais. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried (Councilman Pinheiro absent) to award the bid for the 2001/2002 Street Resurfacing Program, Project No. 00-CDD-538 to Duran & Venables in the amount of$733,258.07. Pub. Hearing TM 01-04 Pub. Hearing USA 98-03 NS 01-89 7857 Councilman Pinheiro returned to his seat at the dais. The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide approximately 29.7 acres ofland into 13 industrial lots, on property zoned CM (Commercial Industrial), located on Monterey Road, south of Travel Park Circle, east of Highway 101. Stan Davis (Silicon Valley South Technology Park), applicant, TM 01-04. Motion was made by Councilman Arellano, seconded by Councilman Morales and carried to continue the request to March 18, 2002, due to continuance by the Planning Commission. The Mayor stated it was the time and place scheduled for a Public Hearing on a request to re-certify the revised subsequent Final Environmental Impact Report to amend the City's Urban Service Area boundary located on the west side of Monterey Road, between Luchessa Avenue and Farman Lane. City of Gilroy, applicant, USA 98-03. (At 6:39 p.m. Councilman Morales left the Council Chambers and returned at 6:40 p.m.) Motion was made by Councilman Arellano, seconded by Councilman Gartman and carried (Councilman Morales absent) to continue the request to March 18, 2002 due to continuance by the Planning Commission. The Mayor deviated from the regular agenda to accommodate interested persons in the audience. The Mayor noted a Planned Unit Development (PUD) Architectural & Site review approval to construct the EI Amigo Restaurant on property zoned C3-PUD (Shopping Center Commercial-Planned Unit Development), located at the Home Depot commercial center at 8800 San Ysidro Avenue. Huberto Acevedo, applicant, NS 01-89. The staff report was noted and further explained by Planner II Durkin. Huberto Acevedo stated that this is a great town and would like to start a restaurant in Gilroy. Councilman Gartman requested that an additional condition #24 be added that the small windows on the northwest elevation and one on the southeast elevation be continued along the second floor elevation on the southeast and southwest elevations. Motion was made by Councilman Morales, seconded by Councilman Arellano and carried to direct staff to prepare a resolution approving NS 01-89, with an additional condition #24 added that the small windows on the northwest elevation and one on the southeast elevation be continued along the second floor elevation on the southeast and southwest elevations. Cultural Facilities The Mayor noted appointment of Cultural Facilities Task Force Members. Task Force Motion was made by Councilman Gartman, seconded by Councilman Morales and carried to appoint Lael McCormack, Richard Young, Rosalind Farotte, Sally Connell, and Renee Harrigan as at-large members to the Cultural Facilities Task Force; Andrea Habing and Donna Pray from the Arts & Culture Commission; Al Navaroli and Sherri Stuart from the Parks and Recreation Commission; Cat Tucker from the Planning Commission; Dennis Gaxiola from the Hispanic Chamber of Commerce; Susan Valenta from the Gilroy Chamber of Commerce; Shirley McGee from the Theater Angels Art League; Arline Silva from the Symphony; and Phil Robb from the Gilroy Unified School District. 7858 Pub. Hearing GPA 99-01 The Mayor stated it was the time and place for a continued Public Hearing on the General Plan Update. The proposed 2001 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 2001 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; responds to the issues, challenges and opportunities created by recent trends and developments. The proposed 2001 General Plan Update includes goals, 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. (At 6:54 p.m. Councilman Pinheiro left the Council Chambers, and returned at 6:56 p.m.) The staff report was noted and further explained by Planning Division Manager Faus. The Mayor opened the Public Hearing. (At 7:07 Councilman Morales left the Council Chambers, and returned at 7:08 p.m.) Al Navaroli read a letter into the record from Sam Bozzo dated February 13, 2001 (noting that the year was incorrect and should read 2002) in support of approval of the 660 acres. Neelima Palacherla, LAFCO, noted that the inclusion of the 660 acres is inconsistent with LAFCO policies. She answered questions posed by the Councilmembers. She noted that LAFCO is open to working with the City of Gilroy. (At 7:38 Councilman Dillon left the Council Chambers, and returned at 7:40 p.m.) Connie Rogers stated that she was speaking as a former Planning Commissioner, former City Councilmember, and former General Plan Update Committee (GPUC) member. She noted that in the 1980s and 1990s, City Planning staff counseled Planning Commission members and Councilmembers to avoid discussion regarding development ofthe 660 acreage due to flooding issues, the expense of the infrastructure, and because of the ag preservation issue until after the General Plan was completed, when the minority report came out. She noted that the GPUC recommended approval of the General Plan without the addition of the 660 acres. She said after that, the minority report was presented requesting the 660 acres be included. At 8:34 p.m. the Mayor called for a recess, after which he recalled the meeting to order. Bill Lindsteadt reminded the Council of a concern he has of the traffic circulation Levels Of Service (LOS) on the east side. He asked for uniformity of LOS ofD on the east side. He noted that he agreed with the Rural Residential designation recommended by the Planning Commission on the area to the north by Masten Avenue. Kelly R. Crowley, Santa Clara County Audubon Society, stated opposition to inclusion of the 660 acres. She noted that she approved of a voter-approved Urban Growth Boundary. 7859 Anne Crealock, Greenbelt Alliance, noted traffic issues related to the 660 acres. She commented on the issue of quality oflife in Gilroy, noting that development can occur on current vacant parcels within the existing boundary. David Collier noted his experience on the Ag Task Force. He commented on the Industrial land use availability. He noted that there is no proof that the 660 acres is needed. He asked that the City reaffirm its agreement with the "Strategies To Balance Planned Growth and Agricultural Viability." (At 9:32 p.m. Councilman Dillon left the Council Chambers and returned at 9:34 p.m.) Barbara Rocchi, Denio Avenue, noted that she did not know of any outreach for the General Plan process. She stated that the campus industrial area to the north should be taken out and left as it is currently. Suellen Rowlison, former Councilperson and GPUC member, stated that she was speaking on behalfofSOS (Save Open Space). She noted that the superior alternative is the original General Plan document and EIR. She explained that the law firm of Shute, Mihaly & Weinberger reviewed the revised General Plan document and EIR, and found inadequate responses to comments received on the EIR. She noted concern that the Council may be pulling the General Plan area back from the line at Masten Avenue to Cohansey Avenue, and was told that that was not correct. (At 9:59 p.m. Councilman Pinheiro left the Council Chambers, and returned at 10:02 p.m.) Planning Division Manager Faus reviewed the outreach that was provided for the General Plan update process. (At 10:32 p.m. Councilman Morales left the Council Chambers and returned at 10:33 p.m.) (At 10:33 p.m. Councilman Dillon left the Council Chambers and returned at 10:35 p.m.) Carolyn Tognetti, member of the GPUC, noted that she did outreach to the community during the process. She noted internal inconsistencies that she saw in the General Plan with bringing in the 660 acres. She clarified some of the proponents claims about the 660 acres. She reviewed what she had hoped for as a GPUC member. She noted her opposition to the inclusion of the 660 acres. (At 11 :05 p.m. Councilman Gartman left the Council Chambers, and returned at 11:07 p.m.) Tony Lupina, representing property between Las Animas Avenue and Cohansey, stated that it was his understanding that the property was going to be taken out of the General Plan. He stated that his client does wish to stay in the Urban Service Area. He noted Rural Residential is not appropriate, and that the property should be left industrial. (At 11: 16 p. m. Councilman Arellano left the Council Chambers, and returned at 11:18 p.m.) Joe Chase noted his work on the General Plan update. He noted his opposition to inclusion of the 660 acres into the General Plan. Norman Watenpaugh stated that he has 70 years in agriculture. He noted the 660 acres is prime farmland. He stated concern about how the sewage water will be removed from the area. He noted that a few drainage ditches will not solve the drainage problem. 7860 Cathy Monahan stated her support for the addition of the 660 acres into the General Plan. She noted that NAFT A has decreased the viability of agriculture in California. Lee Wieder stated that he is representing the owners of the 660 acres. He thanked the Council and all the people involved in the General Plan process. He stated that the Council was responsive to the property owners, and delayed the process to review the area. He noted the letter from SOS and stated that if there are inadequacies in the EIR, that they need to be addressed. He noted a six page submittal previously presented outlining how bringing the 660 acres in is consistent with policies in the General Plan. He reiterated that this process is just to include property into the 20-year plan. He stated that this property will still need to go through a very detailed Specific Plan process. He discussed the possible loss of ag land. He noted that the growers are having problems, due to the cost of the farming operations. He stated that he thinks there can be a win-win situation with LAFCO on this problem. He noted the letter from Peter MacDonald, representing the 660 landowners. (At 12:04 a.m. Councilman Velasco left the Council Chambers, and returned at 12:08 a.m.) (At 12: 14 a.m. Councilman Dillon left the Council Chambers, and returned at 12: 17 a.m.) Janet Espinosa noted that she lives where the flood waters and traffic will go. She noted the Council needs to contain the growth, and keep the quality oflife in Gilroy. She stated that she would like to see agriculture stay here, and retain the employment possibilities, even though at times it may not turn a profit. She requested the 660 acres not be developed. She stated that bigger is not always better. Dirk Buchser noted that he currently farms about 400 acres of the 660 acres. He noted that farming is not profitable. He asked Council to listen to the voters. Tony Sudol noted the good work of the GPUC. He commented on the outreach for the General Plan Update. He noted that he is a proponent for an Urban Growth Boundary. He stated that the 660 acres is a better location for the Campus Industrial area, due to the traffic flow possibility. He requested the area at the southeast corner of Santa Teresa Boulevard and Miller be left as open space, rather than be changed to residential. Mr. Heinberg noted the price of property in the campus industrial area to the north of Gilroy near Las Animas Avenue. He noted that the developers of the industrial area will not pay the price requested for this land. The Mayor closed the Public Hearing. Motion was made by Councilman Morales, seconded by Councilman Dillon and carried to continue discussion to March 11,2002 at 6:30 p.m. Councilman Arellano requested information as to how the industrial inventory was prepared. The Mayor returned to the regular order of the agenda. 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. The following informational items were noted with no separate discussion on same: Plan. Com. 1-23-02 2- 7 -02 SCRWA 1-8-02 Charter Com- munications Amicus 7861 Legislation: League of California Cities Priority Focus #5-2002 dated February 1,2002; and Letter from the League of California Cities announcing the new Regional Representative assigned to the Peninsula Division, Rebecca Elliot. Customer Service: Email ofthanks from Katherine Filice to Jay Baksa for assistance in the designation of a Police Department representative for the Glen Lorna Ranch community brainstorming session; and Email of thanks from Roger Mortensen, Entegris Inc. to the Community Development Department staff in appreciation for the ease of working with staff during their expansion project. Informational items: Information from the Advisory Council of the Council on Aging; Letter from the Silicon Valley Manufacturing Group requesting participation in the Annual Advocacy Trip to Sacramento on April 2-3, 2002; Gilroy Economic Development Corporation minutes of January 11,2002; and City of Gilroy Investment Report dated January, 2002. The reports of the Planning Commission meetings of January 23,2002 and February 7, 2002 were noted. The minutes of the South County Regional Wastewater Authority meeting of January 8, 2002 were noted. The Mayor noted a discussion regarding amendment to the franchise agreement for Charter Communications. The City Administrator stated that a Public Hearing will be held on March 4, 2002 on this issue. Councilman Pinheiro requested language in the document to the effect that if in the future, state of the art technology is available and able to be undergrounded, that it be done. The City Administrator announced that the City received the $1.666 million MTC grant on the Streetscape Phase II Project. He distributed the 2002 Goals and Objectives binder and the 2002 W orkplan. The City Attorney noted a request to join an amicus regarding Oak Creek Estates v. Town of Paradise, Third District Court of Appeal Nos. C038577 and C039424. Motion was made by Councilman Velasco, seconded by Councilman Pinheiro and carried to join an amicus regarding Oak Creek Estates v. Town of Paradise, Third District Court of Appeal Nos. C038577 and C039424. The City Attorney distributed handouts for next Monday's session on the Brown Act and Conflict of Interest. The Mayor noted that the City of Morgan Hill has requested that the City of Gilroy join in a lawsuit that they have filed regarding redistricting. The Council agreed that they were not interested in joining the lawsuit. 7862 Councilman Arellano stated that he was not interested in writing a letter on AB 680. Councilman Velasco noted that the Gilroy Youth Center was finally purchased from P G & E. The Mayor noted that former Councilman George White passed away at his home yesterday, and that his funeral service will be held on Friday at 2:00 p.m. at St. Stephen's Episcopal Church. The Mayor noted the following meetings/events: *Meeting will be televised on Channel 17 FEBRUARY 2002 19*Regular City Council Meeting - 6:00 p.m., Gilroy City Council Chambers 25 Workshop for CouncilmemberslBoardmembers/Commission Members on the Brown Act. Conflict ofInterest. and Meeting Procedure - 7:00 p.m., City Council Chambers 26 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy MARCH 2002 4*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 12 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 26 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy APRIL 2002 1 Study Session - Police Department - 6:00 p.m., Gilroy City Council Chambers 1 *Regular City Council Meeting - 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 23 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy MAY 2002 6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers 13 * Study Session - Financial Plan - 7:00 p.m., Gilroy City Council Chambers 14 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy 20*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers 28 SCRWAMeeting -7:30 a.m., 1500 Southside Drive, Gilroy Adjournment At 1:20 a.m. the Mayor adjourned the meeting in memory offormer Councilman George White. Respectfully submitted, . 2" .' ~'-' .}/ )}. .... IX Iz ( ) [(i_/,--J~_L1.A. -;7'- /s/ RHONDA PELLIN, CMC City Clerk