Minutes 2002/12/16
8004
Regular Meeting
December 16, 2002
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Posting
Agenda
The City Clerk noted that the agenda had been posted on December 10, 2002
at 8:00 p.m.
Roll Call
Present: Councilmembers: Peter D. Arellano (arrived 7:18 p.m.), Robert T.
Dillon, Craig Gartman, Charles S. Morales, Al Pinheiro, Roland Velasco, and
Thomas W. Springer - 7:05 p.m.
The Mayor noted that under Orders of the Day Item VIII.H. will be heard
following Bids and Proposals and Items VILA., VII.B., and VILe. will be
continued to a special meeting on Wednesday at 8:30 a.m. He announced that
Arts and Culture Commissioner Lael McCormack passed away December 2, 2002,
and that he will adjourn this meeting in her memory.
New Emloyees The following new employees were introduced - Wendie Rooney, Community
Development Director, Community Development Department and Steven Beams,
Engineering Tech./Inspector II, Community Development Department.
Kai Lai
The Mayor presented a certificate to retired Parks and Recreation Commission
member Kai Lai.
The Mayor deviated from the regular order of the agenda to accommodate
interested persons in the audience.
South Valley The South Valley Children's Choir presented a selection of holiday songs.
Children's Choir
The Mayor returned to the regular order of the agenda.
Charter Com. Heinz Ludke introduced Joel Godson who gave an update on the Charter
Communications upgrade.
Vol. Award The Mayor presented the Volunteers of the Month of November, 2002 award
to the Gilroy Youth Commission.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Ronald Gong noted concern regarding new construction at Reservoir D
regarding a transmission tower site.
Chris Garman noted that it was not disclosed to him that there was a
transmitter near his property. He noted his concerns.
Consent
Calendar
Motion was made by Councilman Morales, 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, AI Pinheiro, Roland Velasco and
Thomas W. Springer:
Minutes
Minutes of the Regular Council Meeting of December 2,2002;
Invest. Policy
City of Gilroy Investment Policy for 2003;
Budget
Budget Amendments/Transfers as recommended;
Accept.Improv. Accepted Improvements, Tract 9201, Country Estates Phase II, Gilroy
Tract 9201 Developers LLC, a Delaware Limited Liability Company;
8005
Accept.Improv. Accepted Improvements, Skateboard Facility Fence Improvements at Las
Skateboard Animas Veterans Park, Project No. 01-CDD-534, Golden Bay Construction, Inc.;
Facility Fence
Res. 2002-83 Adopted Resolution No. 2002-83 approving TM 02-03, a Tentative Map to
subdivide an approximately 9 acre site into 9 industrial lots located at the southeast
corner of Monterey Road and Las Animas Avenue, APNs 835-02-006,007, Lloyd
Martin, applicant;
RESOLUTION NO. 2002-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 02-03, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 9 ACRE SITE INTO 9 INDUSTRIAL LOTS LOCATED
AT THE SOUTHEAST CORNER OF MONTEREY ROAD AND LAS
ANIMAS AVENUE, APNS 835-02-006, 007, LLOYD MARTIN, APPLICANT.
PASSED AND ADOPTED this 16th day of December, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Prop.Impr.Agr. Property Improvement Agreement No. 2001-09, Tract Map No. 9342, and
NO.2001-09 Improvement Plans, APN 841-15-157, Southside Industrial Park.
Tract 9342
The Mayor deviated from the regular order of the agenda to accommodate
interested persons in the audience.
SHE 02-02 The Mayor noted a Senior Housing Exemption request from the RDO to
develop 24 townhouse units, on property zoned R2-R3 (Two Family Residential-
Medium Density Residential), located at the northeast comer of Cypress Court and
Ponderosa Drive. John Kent, applicant, SHE 02-02.
The staff report was noted and further explained by Planner II Casper.
Motion was made by Councilman Arellano, seconded by Councilman Dillon
and carried to direct staff to prepare a resolution approving SHE 02-02.
The Mayor returned to the regular order of the agenda.
Pub. Hearing
TM 01-03
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Tentative Map request to create 250 lots (247 lots and 3 remainder
parcels), on property zoned R1/PUD (Single Family ResidentiallPlanned Unit
Development), located at the northwest corner of Santa Teresa Boulevard and
Sunrise Drive. Glen Lorna Group, applicant, TM 01-03.
The staff report was noted and further explained by Planner II Durkin.
The Mayor noted for the record that he was troubled by the configuration of
Lot 168.
The Mayor opened the Public Hearing.
John Donahoe gave a presentation on the project. He reviewed the possibility
of a frontage road along Sunrise Drive for sound attenuation.
The Mayor closed the Public Hearing.
There was a consensus of the Council on the following items: the cul-de-sacs
for Streets D and L will stay, staff will look at alternatives for soundwalls along
Sunrise Drive, staff will look for the best placement of bus stops, there will be no
four-way stop at Ohlone, and there will be }{ access on Sunrise Drive for lots 100-
105. t;o
8006
Motion was made by Councilman Pinheiro, seconded by Councilman Gartman
and carried to direct staff to prepare a resolution approving TM 01-03 and to
direct staff to work with the applicant for revisions to the tentative map as
proposed, for review on January 21,2003.
At 9:55 the Mayor called for a recess, after which he recalled the meeting to
order.
The Mayor deviated from the agenda to accommodate interested persons in the
audience.
Carriage Hills The Mayor noted a review of the Carriage Hills and Los Arroyos Parks
& Los Master Plans.
Arroyos Parks
Master Plans The staff report was noted and further explained by Operations Services
Manager Ruigh
Lee Steinmetz reviewed the plans for the parks.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to approve the Carriage Hills Park Master Plan.
Motion was made by Councilman Pinheiro, seconded by Councilman Morales
and carried to approve the Los Arroyos Park Master Plan.
BicycleIPed.
Trans.Plan
The Mayor noted a review and approval of the BicycleIPedestrian
Transportation Plan.
The staff report was noted and further explained by Operations Services
Manager Ruigh.
Motion was made by Councilman Pinheiro, seconded by Councilman Arellano
and carried to approve the BicycleIPedestrian Transportation Plan, with two
changes to include on page 16 number 4), second line should read "which would
potentially include..., and on page 45 under Specific Plan Areas, the third line
would end with "component of these any Specific Plans."
The Mayor returned to the regular order of the agenda.
Pub.Hearing
CUP 02-08
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Conditional Use Permit request to operate an Alzheimer's and assisted living
facility within the Village Green Development, on property zoned R3IPUD
(Medium DensityIPlanned Unit Development), located at the southwest corner of
Santa Teresa Boulevard and Hecker Pass Highway. Coastal Rim Properties,
applicant, CUP 02-08.
Councilman Velasco recused himself from discussion and vote on CUP 02-08
and A/S 02-26 due to ownership of property in the area, and stepped down from
the dais.
The staff report was noted and further explained by Planner II Durkin.
The Mayor opened the Public Hearing.
I
Franco Mola reviewed the project and noted his concerns with some of the
requirements. Mr. Mola noted that this approval is time sensitive.
The Mayor closed the Public Hearing.
Gary Downs explained concerns regarding the bond financing issues related to
the conditions, specifically related to revoking the CUP. He noted that conditions
#2 and #9 were the conditions they were most concerned with.
AlS 02-26
Z 02-06
Z 02-06
8007
Motion was made by Councilman Pinheiro, seconded by Councilman Dillon
and the motion did not carry (Councilmembers Arellano, Dillon, and Springer
voting no and Councilman Velasco absent) to tour other facilities and continue
action for 60 days.
Motion was made by Councilman Pinheiro, seconded by Mayor Springer and
carried (Councilman Arellano voting no and Councilman V elasco absent) to amend
the following motion to change the number of Alzheimer's beds from 29 to 35
beds and the assisted living beds from 150 to 137 beds.
Motion was made by Mayor Springer, seconded by Councilman Arellano and
carried (Councilman Velasco absent) to direct staff to prepare a resolution
approving CUP 02-08 subject to the conditions in the staff report, with condition
#2 modified by the City Attorney and removing the word "continuously", to
require 1 0 1 parking stalls in condition #6, modify condition #4 by the City
Attorney, drop conditions #11 and #13 and an additional condition that both
buildings must be constructed before the building is occupied.
The Mayor deviated from the regular order of the agenda to accommodate
interested persons in the audience.
The Mayor noted an Architectural & Site Review Planned Unit Development
request of an Alzheimer's/ assisted living facility, located at the southwest corner
of Santa Teresa Boulevard and Hecker Pass Highway, on property zoned R3/PUD
(Medium Density Residential! Planned Unit Development). Coastal Rim
Properties, applicant, NS 02-26.
The staff report was noted and further explained by Planner II Durkin.
Motion was made by Councilman Gartman, seconded by Councilman Pinheiro
and carried to continue AlS 02-26 to February 18, 2003 to receive additional
information.
Councilman Velasco returned to his seat at the dais.
The Mayor returned to the regular order of the agenda.
At 11 :53 p.m. the Mayor called for a recess, after which he recalled the
meeting to order.
The Council clarified that the previous motion was for 35 Alzheimer's beds
and 13 7 assisted living beds, and not units.
The Mayor noted a Resolution of the City Council of the City of Gilroy making
certain findings required by the California Environmental Quality Act in connection
with the Regency Centers Project, APNs 841-70-018,019, and 841-67-020,021,
022, for which an Environmental Impact Report has been prepared, adopting a
Statement of Overriding Considerations, adopting the Mitigation Measures and
approving a Mitigation Monitoring Program for the project. Regency Realty
Group, Inc., applicant, Z 02-06.
Motion was made by Councilman Gartman, seconded by Councilman Dillon
and carried to continue action on this item to a special meeting on December 18,
2002.
The Mayor noted an Ordinance of the City Council of the City of Gilroy
approving an application for a change in zoning designation from C3/PUD
(Shopping Center CommerciallPlanned Unit Development), M2 (General
Industrial) and HC (Highway Commercial) to C3-M2-HC/PUD (Shopping Center
Commercial-General Industrial-Highway Commercial! Planned Unit Development)
on approximately 75.54 acres, APNS 84170-017, 018, 019 and 841-67-020, 021,
022, Regency Realty Group, applicant, Z 02-06.
8008
Motion was made by Councilman Gartman, seconded by Councilman Dillon
and carried to continue action on this item to a special meeting on December 18,
2002.
M 02-13
The Mayor noted an Ordinance of the City Council of the City of Gilroy
approving a Development Agreement between the City of Gilroy and Regency
Realty Group, Inc. for the Gilroy Crossing Regional Shopping Center Project, M
02-13 .
Motion was made by Councilman Gartman, seconded by Councilman Dillon
and carried to continue action on this item to a special meeting on December 18,
2002.
Councilman Velasco recused himself from discussion and vote on SHE 02-01
due to ownership of property in the area, and stepped down from the dais.
Res. 2002-84 Motion was made by Councilman Gartman, seconded by Councilman Morales
and carried (Councilman Velasco absent) to adopt Resolution No. 2002-84
approving SHE 02-01, an application for a Senior Housing Exemption from the
Residential Development Ordinance, APN 810-21-006, DMA Gilroy Partners,
applicant.
RESOLUTION NO. 2002-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING SHE 02-01, AN APPLICATION FOR A SENIOR HOUSING
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE,
APN 810-21-006, DMA GILROY PARTNERS, APPLICANT.
PASSED AND ADOPTED this 16th day of December, 2002, by the following
vote;
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
Councilman Velasco returned to his seat at the dais.
Edward Merrell The Mayor noted an Email of resignation from Edward Merrell, Library
Commission member.
Motion was made by Councilman Dillon, seconded by Councilman Pinheiro
and carried to accept the resignation with regrets.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to include this appointment in the current recruitment/application
period.
Lael McCormack The Mayor noted a memorandum regarding the passing ofLael McCormack,
Arts and Culture Commission member.
Motion was made by Councilman Morales, seconded by Councilman Gartman
and carried to include this vacancy in the current recruitment/application period.
J ennessa Lee
Locklin and
Victoria
Barrett
The Mayor noted a letter of resignation from Jennessa Lee Locklin and
Victoria Barrett, Youth Commission members.
Motion was made by Councilman Dillon, seconded by Councilman Arellano
and carried to accept resignations with regrets.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to open recruitment/application period.
Bd./Com. The Mayor noted discussion for appointments of Board Members and
Appointments Commissioners for terms expiring December 31, 2002 and unexpired vacancies.
80t09
Motion was made by Councilman Arellano, seconded by Councilman Morales
and carried to appoint Dia Hoshida, Karen 1. LaCorte, and Caryn Smith (short
term) to the Arts and Culture Commission.
Motion was made by Councilman Morales, seconded by Councilman Arellano
and carried to appoint Everett Burchell and Ryan Romero (short term) to the
Library Commission.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to appoint Phil Buchanan, Jeanne Gage, and Denise M. Jungling (short
term) to the Parks and Recreation Commission.
Motion was made by Councilman Morales, seconded by Councilman Arellano
and carried to appoint Janis L. Howell and John Young to the Personnel
Commission.
Motion was made by Councilman Dillon, seconded by Councilman Morales
and carried to appoint Thomas D. Boe and Norman V. Thompson to the Planning
Commission.
Motion was made by Councilman Morales, seconded by Councilman Dillon
and carried to appoint Joseph Curro and Larry Kent to the Building Board of
Appeals.
Motion was made by Councilman Dillon, seconded by Councilman Arellano
and carried to appoint Susan Murphey Patereau to the Physically Challenged
Board of Appeals.
Ag.Mitigation The Mayor noted appointment of members to the Agricultural Mitigation Task
Task Force Force.
Council Com.
& Reps.
The Mayor noted that Councilmembers Arellano and Morales have requested
to be appointed to this Task Force. He noted that Planning Commissioners
Thompson and Lewis have requested to be appointed to this Task Force.
Motion was made by Mayor Springer, seconded by Councilman Velasco and
carried (Councilmembers Arellano and Morales voting no) to appoint Joe Chase
and Alfred Navaroli as members to the Agricultural Mitigation Task Force as the
citizen members.
Motion was made by Councilman Gartman, seconded by Councilman Pinheiro
and carried to appoint Richard Barberi as the Ag Property Owner to the
Agricultural Mitigation Task Force.
Motion was made by Councilman Dillon, seconded by Councilman Gartman
and carried to appoint Ralph Santos, Jr. as the Ag Farmer and Kip Brundage as the
Ag Stakeholder to the Agricultural Mitigation Task Force.
The Mayor called for a voice vote which carried to appoint members to the
Agricultural Mitigation Task Force as noted above and to include Alex Kennett as
the Open Space representative and Nancy Richardson as the Land Trust
representative.
The Mayor noted for the record that Councilmembers Pinheiro and Velasco
have requested to be appointed to the Downtown Task Force and that
Councilmembers Gartman and Springer with Councilman Dillon as alternate be
appointed to the Neighborhood Task Force.
The Mayor noted appointment of Council Advisory Committees &
Representatives.
8010
Motion was made by Councilman Gartman seconded by Councilman Pinheiro
and carried to approve the amendment that Mayor Springer will become the
representative on the South County Planning Advisory Committee, in place of
Councilman Gartman.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Priority Focus #42-2002 dated November 26,
2002; and
League of California Cities Priority Focus #43-2002 dated December 6,2002.
Customer Service:
Email of appreciation from Rex Wyatt to Jerry Thome for his excellent
customer service in assisting homeowners with a problem;
Email of thanks from Councilman Bob Dillon to Donna Greenhut, Susan
Johnson, and Rhonda Pellin for their assistance in his first year on Council; and
Email of recognition from Sandra Sammut to Yvette Phillips for her
professionalism and willingness to assist the Volunteers in Policing Program.
Informational items:
Gilroy Visitors Bureau Board of Directors meeting minutes of November 12,
2002;
Gilroy Economic Development Corporation minutes of November 15, 2002;
and
City of Gilroy Investment Report dated November, 2002.
SCRWA
11-12-02
The minutes of the South County Regional Wastewater Authority meeting of
November 12, 2002 were noted.
Personnel Com. The minutes of the Personnel Commission meetings of August 12 and
8-12-02 November 18, 2002 were noted.
11-18-02
The City Administrator requested Councilmembers get retreat items topics to
him. He distributed information on the downtown analysis of waiving fees in the
downtown area, including that if the City uses Certificates of Participation, that the
City does not have to go to a vote of the citizens.
Amicus
The City Attorney noted a possible request for amicus assistance in appeal by
plaintiff Villegas in Villegas v City of Gilroy.
The City Attorney reviewed the request and questioned that the Council would
not object to possible amicus assistance. They did not object to the assistance.
Councilman Dillon reminded everyone to "Avoid the 13" and wished everyone
a happy holiday.
Councilman Morales wished everyone a Merry Christmas.
Councilman Arellano wished happy holidays for everyone.
Councilman Pinheiro wished everyone happy holidays.
Adjournment
8011
Councilman Gartman wished everyone happy holidays and thanked the
Community Services Department for keeping the streets drained over the
weekend. He stated that he would not be at the special meeting on Wednesday
mornmg.
Councilman Velasco wished everyone happy holidays and requested everyone
stay safe.
The Mayor wished everyone a happy holiday season and asked everyone to
assist their fellow citizens.
The Mayor noted the following meetings/events:
*Meeting will be televised on Channel 17
DECEMBER 2002
16 Study Session - Administrative Services Department Report and Review of the
Sargent Ranch - 6:00 p.m., Gilroy City Council Chambers
16*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
18*Special City Council Meeting - 8:30 a.m., Gilroy City Council Chambers
24 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy (CANCELLED)
JANUARY 2003
6 Study Session - Update on the Muiedes Pueden Proiect - 6:00 p.m., Gilroy
City Council Chambers
6*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
10 Annual Retreat - 8:00 a.m. to 4:00 p.m., Hilton Garden Inn, 6070 Monterey
Street, Gilroy, (dinner at 6:00 p.m. - Mama Mia's Restaurant, 1360 First
Street, Gilroy)
11 Annual Retreat - 9:00 a.m. to 2:00 p.m., Hilton Garden Inn, 6070 Monterey
Street, Gilroy
13 Study Session - Update on Old City Hall- 6:00 p.m., Willey House, 140 Fifth
Street, Gilroy
13 Council Interviews - Downtown Specific Plan Power Task Force - 7:00 p.m.,
Willey House, 140 Fifth Street, Gilroy
14 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
21 *Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
27 Study Session - Discussion on Information Systems Program Model- 6:00
p.m., Willey House, 140 Fifth Street, Gilroy
28 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
FEBUARY 2003
3*Regular City Council Meeting -7:00 p.m., Gilroy City Council Chambers
10 Council Interviews - Neighborhood District Power Task Force - 6:30 p.m.,
Gilroy City Council Chambers
1 o * Joint Council/Planning Commission Study Session - Review the 2004 CIB-
7:30 p.m., Gilroy City Council Chambers
11 SCRWA Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
18*Regular City Council Meeting - 7:00 p.m., Gilroy City Council Chambers
25 SCRW A Meeting - 7:30 a.m., 1500 Southside Drive, Gilroy
At 1 :32 a.m. the Mayor adjourned the meeting in memory ofLae1 McCormack.
Respectfully submitted,
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/s/ ONDA PELLIN, CMC
City Clerk