Minutes 1993/06/07
Invocation
Posting
Agenda
Roll Call
Consent
Calendar
Res.93-26
Budget
Minutes
Claim
Imprvmts
Dev.Agree.
Ord.:/t93-11
Regular Meeting
June 7, 1993
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Lee Neisch, United Methodist Church gave the
Invocation.
The City Clerk noted that the Agenda had been posted on
June 3, 1993 at 9:50 a.m.
Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Sara
C. Nelson, Suellen C. Rowlison and Donald F. Gage; Absent:
Councilmembers: Paul V. Kloecker and Pete Valdez, Jr.
Retired Planning Commissioner, Fernando P. Huerta, Sr. was
not present to accept his Certificate of Service.
It was noted that the Police Chief's presentation of an
aard from Assemblyman Areias to Anthony Gutierrez, Probation
Officer, was continued to June 21, 1993.
Motion was made by Councilman Kloecker, seconded by Coun-
cilman Gilroy that the following items under the Consent Calendar
be approved, by the following Roll Call Vote: (removing Item B
for separate discussion requested by Councilwoman Nelson and Item
D for separate discussion requested by Councilman Gilroy) Ayes:
Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker,
Sara C. Nelson, Suellen C. Rowlison, Pete Valdez, Jr. and Donald
F. Gage:
Adopted Resolution No. 93-26 Honoring Patricia Holihan
Steinhardt for her work with the Arts Council of Santa Clara
County;
RESOLUTION NO. 93 - 26
A RESOLUTION OF COMMENDATION BY THE CITY COUNCIL OF THE CITY OF
GILROY HONORING PATRICIA HOLIHAN STEINHARDT FOR HER WORK WITH THE
ARTS COUNCIL OF SANTA CLARA COUNTY.
PASSED AND ADOPTED this 7th day of June, 1993, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Approved Budget Amendments/Transfers as recommended;
Approved the Minutes of the Gilroy City Council Regular
Meeting of May 24, 1993;
Denied Claim of Barbara Van Geider as recommended;
Accepted Improvements for Wheeler Manor, 651 W. Sixth st.,
Project 91-30, as recommended; and
Approved Development Agreements for Tract Map 8540, 8550
Wren Avenue, Lynrob Enterprises, Inc. and Tract Map 8562,
Longmeadow/Santa Teresa Blvd., Award Homes, Inc. as recommended.
Councilwoman Nelson noted that she requested removal of
this ordinance from the consent calendar because she opposes it.
Motion was made by Councilman Kloecker seconded by Council-
woman Rowlison that the reading of Ordinance No. 93-11 be waived
and that it be adopted adding Article XI to Chapter 15 of the
City Code regulating and requiring permits for Ambulance Services
by the following Roll Call Vote: Ayes: Councilmembers: Gilroy,
Res.93-27
Open Space
Authority
Bid:Equip.
Pub.Hear.
RDO
.!''',',\.
: ) .'} ~j
Hale, Kloecker, Rowlison, Valdez and Gage; Noes: Councilmember:
Nelson;
ORDINANCE NO. 93 - 11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING
ARTICLE XI TO CHAPTER 15 OF THE GILROY CITY CODE, REGULATING AND
REQUIRING PERMITS FOR AMBULANCE SERVICES.
PASSED AND ADOPTED this 7th day of June, 1993, by the following
vote:
AYES:
GILROY, HALE, KLOECKER,
VALDEZ and GAGE
NELSON
None
ROWLISON,
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBER:
COUNCILMEMBERS:
City Administrator Baksa explained the proposed Resolution.
Motion was made by Councilman Gilroy seconded by Councilman
K10ecker that the reading of Resolution No. 93-27 be waived and
that it be adopted.
RESOLUTION NO. 93 - 27
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE
APPLICATION AND THE PROJECT AGREEMENT FOR A GILROY IN TRANSITION:
MANAGING THE FUTURE OF POLICE SERVICES GRANT THROUGH THE CAREER
CRIMINAL APPREHENSION PROGRAM.
PASSED AND ADOPTED this 7th day of June 1993, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None
The Mayor deviated from the regular order of the agenda in
order to accommodate interested persons in the audience.
Supervisor Mike Honda addressed the Council and requested
$3,000.00 start-up costs for the Open Space Authority as a no
interest loan. Motion was made by Councilwoman Rowlison seconded
by Councilman Valdez and withdrawn to approve the $3,000.00 loan
until 1994.
Council agreed on the advice of the Deputy City Attorney
that this item be agendized for the June 21, 1993 regular Council
Meeting.
The Mayor continued with the regular order of the agenda.
City Administrator Baksa presented a recommendation to
award the bid of Vermeer Equipment Company in the amount of
$11,789.45 for a brush chipper for the Parks & Recreation
Department further explained by Park Supervisor Headley.
Motion was made by Councilman Kloecker seconded by Council-
man Hale and carried that the bid of Vermeer Equipment Company be
awarded in the amount of $11,789.45 for a brush chipper as
recommended.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider the 1992 Residential
Development Ordinance applications.
Associate Planner Myer gave a summary of the Staff Report
distributed to Council on May 3, 1993. He noted that Section
50.66 was amended requiring Council to take into consideration
infrastructure already in place by previous project phases.
The Mayor opened the Public Hearing and heard from the
following applicants or representatives as noted:
l. RD 92-01 - Albert Fortino: Lee Kalpin, 5405 Nicole Way,
noting support from the neighbors in the area and urging
~..~ ..:> ,...-.~;:-)
'i }< ~_ J ^.....-'kJ
approval to complete the existing tract. Gene wells noted
residents in the area have been outspoken towards
requesting approval of this project to complete the street
in the existing tract.
2. RD 92-02 - Albert Fortino;
3. RD 92-03 - Shapell Industries;
4. RD 92-04 - Moen Construction (Noted previously approved by
Council May 24, 1993);
5. RD 92-05 - Larry Willard, 16275 Monterey Road, Morgan Hill,
noting he should receive a higher ranking regarding the
circulation issue and noted that public open space was
never a requirement;
Cal Le Neave, 8805 New Avenue, previous property owner of
RD 92-05 requested and recommended approval of the project
and higher ranking to provide affordable housing and noted
that the school site will adjoin the project.
6. RD 92-06 - Hewell & Sheedy;
7. RD 92-07 - Gilroy Unified School District. Jim Leninhan
noted after being denied approval of his general plan
amendment for this property he has been negotiating with
the School District for a potential land exchange to allow
his project to proceed. He noted that the School District
is the applicant for the property and he would be the
developer, requesting consideration for same.
8. RD 92-08 - R. Erskine & Gary Filice - Gloria Ballard, MH
Engineering, noted that the developers have agreed to
change their build-out to begin in the same year as the
Shapell application: 24 in '96; 24 in '97; and 40 in '98.
9. RD 92-09 - Dewey & Hazel Hewell - Mark Hewell noted that
this is an in-fill project and there is existing infra-
structure on Church Street. He noted that they would agree
to revising their build-out to 12 in '94 and 12 in '95 or
12 in '95 and 12 in '96, if necessary to obtain approval
for the project.
10. RD 92-10 - Karen Christopher, noting a letter was submitted
in the agenda packet V.A.3.
11. RD 92-11 - Santa Teresa Associates - Michael Cady, 152
North Third Street, San Jose, noted he was available to
answer questions of Council.
12. RD 92-12 - Silicon Valley Associates - Geary Coats noted
the applicants are prepared to proceed with the approved
build-out in 1994.
13. RD 92-13 - Wood Chen;
14. RD 92-14 - stanley Chen;
15. RD 92-15 - Stanley Chen;
16. RD 92-16 - New Cities Development - Lee Newell, noted a
letter was submitted in the agenda packet V.A.2. and that
they have been in the system thirteen years.
17. RD 92-17 - Anthony Coletto - Distributed a handout to
Council noting his project is an infill and would widen the
street, provide sidewalks in the area of Rod Kelly School.
18. RD 92-18 - willard Homes;
19. RD 92-l9 - Jim Hoey - Distributed a summary to Council
noting agreement to a revised buildout schedule to 1995
for a four- year period and noted that the project is
surrounded by existing development and would have three
types of housing.
20. RD 92-20 - Glen Lorna Corp.; R3 92-21 - Thomas Road
Properties; RD 92-24 - Theodore Schaal; and RD 92-25 -
Farotte Construction - John Filice distributed a letter to
Council and noted that RD 92-24; 25 and 26 were projects
involved in Longmeadow infrastructure as well as New Cities
Development but not included in the 566 project.
21. RD 92-22 - william Lyon Co.;
22. RD 92-23 - william Lyon Co. - John Bermont, representing
Kaufman & Broad, noting that they contributed to Longmeadow
Drive improvements and intend to build 14 homes in 1994
giving access to Sunrise Park and requested that they be
given consideration for the infrastructure.
23. RD 92-24 - Theodore Schaal - noted that he is part owner
attempting to obtain tentative map approval with Staff and
the School District with the realignment of the streets.
He noted that the infrastructure has been in for some
time. He agreed with the developers being in agreement
with each other in the north west quad to allow each to
receive some units.
24. RD 92-26 - Valley Title Company - Louis Tersini noted 131
units are remaining in the RDO's and will complete the
units pending; 65 units for each phase and noted that
Project 566 to be $4.6 million.
25. RD 92-27 - Pan Tempo Properties - Gloria Ballard, MH
Engineering, noting the applicants would modify the build-
out to 21 in '95 and 22 in '96.
26. RD 92-28 - Silicon Valley Development - Ted Ringel
requesting 11 units and intends to proceed immediately.
Gloria Ballard noted that they would agree to 6 units in
'94 and 5 units in '95.
27. RD 92-29 - Country Estates Venture - Gloria Ballard, MH
Engineering, noted that the infrastructure in place should
give this project high priority. A Civil Engineer from MH
Engineering explained the internal infrastructure in
place.
At 8:59 p.m. the video tape was changed and the Mayor
resumed the meeting at 9:00 p.m.
David Sanchez distributed a letter to Council from retired
Mayor Hughan noting the City's commitment to allow Country
Estates Venture Project to be completed in a timely manner based
on the extent of public infrastructure already constructed.
The Mayor noted the letters in the Council packet from New
Cities Development, Karen Christopher and Citizens' for Balanced
Growth.
28. Carol Tognetti, 820 carignane, read the letter from
Citizens' for Balanced Growth.
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter. There was no comment from the
audience. The Mayor closed the Public Hearing. At 9:15 p.m. the
Mayor declared a recess and resumed the meeting at 9:26 p.m.
Discussion was had by Council on the matter. Councilman
Kloecker suggested a Study Session to discuss the following:
1. Schedule for next competition - 1995 Applications.
2. Revisit criteria and possibly change for 1995.
3. Backlog
( ...
. ~
_4.~
~ .,>-
Ii .. 14 'I~j l' )
1) l',.i ,A.'.,. AJ
4. Multi-Year Buildout
5. Safety Zone for Country Estates
Councilwoman Nelson noted there is a legal and moral
commitment to the applicants that have infrastructure in place
and recommended that Council use the Planning Commission and
Staff's recommendations and proceed.
Councilman Valdez noted that he concurs with Councilman
Gilroy to have Council rank the projects separately and requested
a legal opinion regarding the backlog. He suggested that the
following additional items be discussed:
6. Affordable Housing definition
7. Issue of Safety re: Fire Station locations
8. Performance Base - allocations
9. Drop off policy as part of the developer's contract with
Administration
10. Ownership of Backlog (allocation to a specific owner or
stay with the property) if changes character by 15%
allocation should be returned to Council for future
allocation.
11. Determine if allocation is for 1, 2 or 3 years.
12. Tailored contracts for custom homes
The Mayor suggested the following additional items be
discussed:
13. Location of Growth - Confirmation in the northwest and
southwest quads?
14. Full allocation of 10 years - Review RDO annually and
allocate out for 3 years.
Councilman Hale noted that he is not interested in
revisiting criteria already established.
Councilwoman Nelson noted that the School District is
waiting for the City'S decision on the RDO applications and the
City should proceed.
Councilman Valdez noted that he advocates control through
the agreements and that the rating scale for next year should be
revisited.
Council concurred to adjourn this meeting to June 14, 1993
at 7:00 p.m. for Council deliberations on the RDO and June 17,
1993 at 7:00 p.m. if necessary. Staff requested Councilmembers
add additional items for discussion if any to Staff by June 9
at 5:00 p.m. including each Council's ranking and build-out to be
compiled by Staff for the June 14 meeting.
Councilman Valdez requested a legal opinion on CRLA's
letter received by Council at this meeting to be added to the
list of items to be discussed at the June 14th Council Meeting.
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:
Correspondence re: 1993 State Budget:
League of California Cities Red Ink Alert Publication, May
21, 1993 U2;
League of California Cities Legislative Bulletin, #18;
Customer Service:
Inter-Office Memos re: Planning Commission Retreat
Assistance. ;
SCRWA
B1dg.Bd.
of Appeals
P&RC~
Master St.
Tree Plan
Gang Task
Force
T~e
Capsule
Amicus
Brief
, }
!~~)
Jim Dowell In Appreciation for Assistance in Celebrity
Cardiac Arrest;
City's Response In Appreciation of County Employee
Relations Service;
Gilroy Police Department In Appreciation of Local Business
re: Master's Expo Fund Raiser;
CTR In Appreciation;
Letter of Recognition from Central Safety Committee re:
City's Safety and Health Handbook;
Mission College Students In Appreciation;
Shared Housing Program of Catholic Charities In
Appreciation;
Proclamation Issued by Mayor Gage: Festa Della Repubblica
Italiana - June 4, 1993; and
Monthly Cash and Investments Report, April 30, 1993.
The Minutes of the South County Regional Wastewater
Authority Meeting of April 27, 1993 were noted.
The Minutes of the Building Board of Appeals Meeting of
May 24, 1993 were noted.
The Minutes of the Parks & Recreation Commission Meeting of
May 18, 1993 were noted.
Motion was made by Councilman Kloecker seconded by Council-
man Hale and carried to approve the revision to the Master Street
Tree Planting Plan as recommended.
The Minutes of the Gang Task Force Committee Meeting of
May 26, 1993 were noted.
City Administrator Baksa distributed a Report on CDBG
Funding re: Library Hours.
City Administrator Baksa distributed a Report on unsolved
issues regarding the Capital Improvement Budget and regular
Budget.
City Administrator Baksa distributed a Report on Museum
usage.
City Administrator Baksa noted and distributed a report on
a T~e Capsule for Old City Hall reconstruction project.
City Administrator Baksa noted that Rhonda would be
scheduling annual lunches/breakfasts for h~ with Councilmembers.
Deputy City Attorney Cumpston requested the City join
Amicus Brief in Berry v. Sonoma County further explaining same.
Motion was made by Councilwoman Nelson seconded by
Councilman Hale and carried that the City join Amicus Brief in
Berry v. Sonoma County as recommended.
The Mayor requested Council nominations for the Citizens'
Open Space Task Force.
The Mayor reported on the Joint Council/Gang Task Force
Meeting of June 3, 1993 and suggested a Joint Council/School
Board meeting regarding gangs and related issues.
Councilman Gilroy noted he has been expecting a report from
the Chief of Police on a Plan and the funds being expended on
~ ' , ,.'" '1
;,. ''''_~ 1<..1,1
public safety; and how the Chief is going to handle the current
situation of violent crime/gangs. He noted that Council has been
informed of elements of a plan, i.e. prevention, intervention and
suppression, but not a Plan.
Councilman Valdez suggested that the agenda for a Council/
School Board Meeting should include prevention, intervention, and
suppression issues relating to gang activity on school campuses
and what the City can do regarding same and what the School
expects of the City. He noted that information should be pro-
vided regarding the funds requested for Project Dare; 50% subsidy
for sworn officer and commitment for same. He suggested formally
requesting sharing of the cost for sworn officers in future
years. Also quantify effectiveness of the two Multi Service
Officers through pre and post testing. He noted there should be
a cooperative effort focusing on gangs on or off campus.
(At 11:00 p.m. there was a brief recess to change the video
tape. )
Councilman Valdez suggested that the School District have
input on an agenda for the Joint Council/School Board meeting.
City Administrator Baksa noted that this has been standard
practice.
Councilman Kloecker noted that he is most concerned with
the Gang Suppression Program and requested what has occurred
specifically on the Suppression Program. Councilman Gilroy
concurred and funding needed to solve the gang problems.
Councilwoman Nelson inquired of ordinances needed
specifically to send a message to transient gangs that the City
will not tolerate unbecoming behavior and what would hold parents
responsible and accountable for children. Discussion was had on
how restrictive the City can be with its ordinances.
Councilwoman Rowlison stated that prevention and
intervention should be a part of the Police Chief's Report.
Councilman Kloecker inquired of the paint-out of graffiti
by the City and if owner's consent is obtained and if there is an
alternative solution to removing graffiti on brick work.
Councilwoman Nelson reported on the Visitors' Bureau recent
meeting.
The following meetings were noted:
Gilroy City Council Study Session, June 14, 1993 - 7:00
p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, CA 95020,
re: Strategic Planning.
Gilroy City Council Study Session, June 15, 1993 - 7:30
p.m., Council Chambers, City Hall, 7351 Rosanna Street, Gilroy,
CA 95020, re: Storm Drain Utility Issue. To be televised.
At 11:33 p.m. the Mayor adjourned to June 14, 1993 at 7:00
p.m. to continue Council deliberations and action regarding the
Residential Development Ordinance applications.
Respe~tfully submitted,
( ~/ /f t-_u. - /_
f) \ )/ J'J/1 . II /~i() VI/'i/L i/l
!,.!'>/ u-'vc.)vA?;f{}../ \..(J( \_~' {.J.(./" v Vll ./ .:>
City Clerk :,
'"