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Minutes 1997/04/21 69GO Posting Agenda Roll Call Vol. Award Consent Calendar Res. 97-20 Budget Minutes Waiver re: Conflict Int. Weed Abate. Pub. Hear. V 96-11 Regular Meeting April 21 , 1997 Gilroy, California Mayor Protempore Morales led the Pledge of Allegiance to the Flag. The Interim City Clerk noted that the Agenda had been posted on April 17 , 1997 - 9:55 a.m. Present: Councilmembers: K. A. Mike Gilroy, Connie Rogers, Suellen C. Rowlison, Thomas W. Springer, Pete Valdez, Jr. and Charles S. Morales; 7:01 p.m. Mayor Protempore Morales presented Jesus Valdez, Gilroy High School Industrial Arts Teacher and Student Volunteers Albert Sanchez, Alex Ortiz, Luis Alfaro, Carlos Adragna, Vito Adragna, David Livingston, Juan Lopez, Jim Livingston, David Vilchis, Nick Spence, John Medeiros, and Daniel Parmenter with the Volunteers of the Month Award for April, 1997. Motion was made by Councilman Springer, seconded by Councilwoman Rowlison and the motion carried that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: K. A. Mike Gilroy, Connie Rogers, Suellen C. Rowlison, Thomas W. Springer, Pete Valdez, Jr. and Charles S. Morales: Adopted Resolution No. 97-20 Approving a Loan to South County Housing for Los Arroyos; RESOLUTION NO. 97-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A LOAN TO SOUTH COUNTY HOUSING FOR LOS ARROYOS. PASSED AND ADOPTED this 21 st day of April, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, ROGERS, ROWLISON, SPRINGER, VALDEZ and MORALES NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None; Budget Amendments/Transfers as recommended; Minutes 0 f the Regular Council Meeting 0 f March 3, 1997; and Letter of Consent to Representation of City of Gilroy and Waiver of Conflict of Interest by City Attorney. City Administrator Baksa presented a recommendation to award the bid of John Gomes Discing for only Weed Abatement-Tractor Service (97-ASD-464) at $55.00 per hour. Motion was made by Councilwoman Rowlison, seconded by Councilman Springer, and the motion carried unanimously that the bid of John Gomes Discing for only Weed Abatement-Tractor Service (97-ASD-464) be awarded at $55.00 per hour as recommended. Mayor Protempore Morales stated it was the time and place scheduled for a Public Hearing on an appeal of the Planning Commission action for a Variance request from Section 39.30(b) ofthe Zoning Ordinance to allow an existing accessory structure to remain within a street sideyard setback, on property zoned Rl (Single Family Residential), located at 931 Hoesch Way. Richard and Victoria Davis, applicants, V 96-11. 6961 The Staff Report was noted and further explained by Planner I Stice. He noted that a flier was distributed in opposition to the request over the weekend by a nearby property owner. Councilman Springer questioned the fmding of unnecessary hardship. Planner Stice stated there would be a negative impact by moving it, which would affect the property owners. He noted that if it followed the setback area, no conditions could be placed, and there would be less controls over the construction. There was discussion by Councilmembers and City Attorney regarding the CC&Rs for the development. It was noted the CC&Rs were not reviewed by staff. City Administrator Baksa stated the issue over the height will be brought back to Council for review in the future. Planner Stice explained that the Planning Commission denied the request because they could not make all the fmdings to approve it. Mayor Protempore Morales asked if there was anyone in the audience wishing to speak for or against the proposal. Richard Davis, 931 Hoesch Way, stated that 15 immediate neighbors are in support of the application. He stated that utilities on Culp Drive are on the opposite side of the street, not in the easement on his property. He explained that before any construction was begun, he discussed his intent with the City, and Engineering told him that they saw no problem if the structure was behind the fence. He stated that he is requesting the Variance because it would be a hardship on his family to start over, and he put it in that location as it is the least obtrusive to the neighborhood. Councilman Springer questioned whether the condition to replace the solid wall with lattice will still protect the RV, and he was told that it is better than nothing. He questioned whether the applicant had any problem with the planting conditions, and was told there was no problem with the planting, but some with the requirement for the lattice. Mayor Protempore Morales questioned whether he was aware of the process before construction, and was told that he was, and that he worked with the City, received a verbal OK, and paid his fmes. Mary Petrucci, 8533 Culp Drive, explained her opposition to the request. She questioned whether there was PUD approval to extend the fence, build the structure, and build the fence. She questioned whether he has exceeded the 25% he is allowed? Councilman Springer stated that we can approve this and leave it as it is, or reject the structure and he will build a structure 90 degrees along the fence. Rudy Arballo, 8505 Kern Avenue, stated that the neighbors are astounded by the structure. He stated that he is protesting this variance, because the property values will go down. In response to a question by Councilman Valdez, he stated that the CC&RS state that no RV parking is allowed. Mayor Protempore Morales asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. The Mayor Protempore closed the Public Hearing. Further discussion ensued regarding the CC & Rs and the PUD. Motion was made by Councilman Gilroy, seconded by Councilman Valdez, and the motion and second were withdrawn to accept Staff recommendation with cdndhitms. 606!) ......) I."", Pub. Hear. TM 96-04 Pub. Hear. Add'l RDO Allocations 'pub. Hear. Num.Lirnits Motion was made by Councilman Valdez seconded by Councilman Gilroy and the motion carried to continue the request to Apri128 and direct staff to research the CC&RS. Mayor Protempore Morales stated it was the time and place scheduled for a Public Hearing for a Tentative Map request to subdivide a parcel comprising approximately 8 acres into a 12 lot single family residential subdivision, together with one remainder parcel, on property zoned Rl (Single Family Residential), located west of Santa Teresa Boulevard, between Longmeadow Drive and Day Road, bonded by Saddler Drive and Rodeo Drive. Charles Cheng, applicant, TM 96-04. The Staff Report was noted and further explained by Planner I Stice. City Administrator Baksa and the Council discussed the meaning of the word "infill" with regard to the RDO, noting the RDO is weighted against the small builder. Mayor Protempore Morales asked if there was anyone in the audience wishing to speak for or against the proposal. Jerry DeYoung, Ruth and Going, spoke on behalf of the applicant. He stated that the owner did apply through the RDO, but was not successful. Tony Sudol, 765 Wisteria Drive, discussed the infill issue and questioned whether the developer would be mandated to pay fees to the City for development. Cat Tucker, 9440 Eagle View Way, questioned the exemption allowance, and whether he can sell all 38 lots? City Attorney Callon explained that the revised condition # 14 addresses the phasing of the project. Mayor Protempore Morales asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. The Mayor Protempore closed the Public Hearing. Motion was made by Councilman Valdez seconded by Councilman Springer, and the motion carried to approve the Negative Declaration and mitigation monitoring program. Motion was made by Councilman Valdez seconded by Councilman Springer, and the motion carried (Councilwoman Rogers voting no, because she feels the project should be competing through the RDO process) to direct staff to prepare a resolution approving the application, subject to 15 conditions. At 9: 1 0 the Mayor Protempore declared a five minute recess, after which he recalled the meeting to order at 9: 1 8. Mayor pro tempore Morales stated it was the time and place scheduled for a Public 'Hearing to consider additional housing permit allocations for the year 200 J J9f \996 Residential Development Ordinance applicants. City Administrator Baksa noted a request from John Filice for a continuance to May 5, 1997. '. Councilwoman Rogers requested to see the backlog of units from the 80's wmchhaye been built along with those built in the 90's. She stated that she would like to see how many residential permits have been issued each year. Councilman Valdez stated that he would also like to see it graphed. Mayor Protempore Morales stated that this request has been continued to May 5, 1997. Mayor Protempore Morales stated it was the time and place scheduled for a Public hearing to establish numericallirnits of dwelling units to be permitted under 696:] the requirements of the City of Gilroy's Residential Development Ordinance for the years 1998 through 2003. The Staff Report was noted and further explained by Planner III Faus, noting two actions for review - to transfer 20 units from 1996 to 2001 for Coast Range, and to not hold a competition this year. Council discussed the possible solutions to the 20 units, including dropping them out of the system and putting them back in the system for future allocation. Mayor Protempore Morales asked if there was anyone in the audience wishing to speak for or against the proposal. Pamela Jones, 1435 Falcon Court, stated she would like a review of the TIF funds regarding disbursements to the northwest quad. She questioned whether the City is extracting enough development fees from developers? She stated that we need a new fire station, and questioned the status of the EIR. She stated that the northwest quad is being used as an experiment. She stated that the density transfer issue is not resolved. She discussed lot size and affordable housing. Carlos Guajardo, stated that he lives down on Thomas Road, and does not like the way Gilroy is growing. Mayor Protempore Morales asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. The Mayor Protempore closed the Public Hearing. Motion was made by Councilman Gilroy seconded by Councilman Valdez, and the motion carried to accept the staff recommendations to not have an RDO competition this year, and to move 20 units from 1996 to 2001 for Coast Range. Eddie's Place Mayor Protempore Morales stated it was the time and place scheduled for an AppeallDenial appeal of the decision of the ABC Review Committee to deny a request for a ABC License new alcoholic beverage license for "Eddie's Place" at 7340 Monterey Street, Gilroy, California. The Staff Report was noted and further explained by Planner I Stice, including the committee's denial of the request. Captain Giusiana reviewed the crime in the downtown area, noting that every area in Gilroy has an over-concentration of ABC licenses. Mary Ann Milias, 2645 Scott Street, San Francisco, CA 94123, stated that this business has existed for 51 years, it is not new to Gilroy, and they care about the downtown. She stated that her family has owned this property for 71 years, and it has been a bar for 51 years, continuously operated. She stated that there is no good use ofthe building except as a bar, and all they are doing is maintaining the status quo. Councilman Springer questioned the use of the building, and Ms. Milias stated that it is a bar and dance hall. He questioned what the public convenience is, and she stated that it is a public service. He questioned whether it could it be a restaurant, and she stated that it could, but can they get people there. Mayor Protempore Morales stated that the Council is looking to improve the image of downtown Gilroy. He discussed the petition of support. Ms. Milias explained the only reason there is no license there is because she has no license to transfer. Victor Avila, representing the applicant Ana Chavira, noted the crime statistics for the area near Eddie's Place. He stated that this will be a Sports Bar, and that he has improved the business. He requested the Council review it in six months, and if there is a problem then, close it down. 6964 AlS 97-06 Councilwoman Rogers requested Mr. Avila, as the manager, explain his experience and where it has been, which he did. In response to a question, he stated he did not know of the applicant's experience. He stated that if this is approved, the City will not have an empty storefront. He stated they want to improve the atmosphere of the downtown area. Captain Giusiana stated that four ofthe people who signed the petition have recanted and removed their names. Bob Tapella, Garlic City Billiards, stated the downtown has been a lot better since the City has closed down the bars. He stated the applicants haven't been honest regarding the opening of this business, and the City does not need another bar. Mary Ann Milias stated that she is a property owner between 4th and 5th Streets also, and she did not oppose a billiards hall when that carne up. She stated that a billiards hall owner should not set the standards for the downtown. Captain Giusiana displayed a picture showing the posting notice for the ABC license, which was not a legal posting. He explained that there was not a correct transfer of the ABC license, and it became invalid at that point. He emphasized that to get the number of ABC licenses down, we need to deny new applications. Councilwoman Rowlison requested a list of bars and alcohol sales establishments in the downtown. Gregg stated that three bars/establishments have been closed in the last year. Discussion ensued regarding what an ABC license modification is, and the requirements for license transfers. Mr. Avila questioned if he is able to obtain a license, would he be able to transfer it? City Administrator Baksa stated this is reviewed on a case by case basis, and since we have an over-saturation, he would have to go through the same process he is going through currently. Councilman Valdez questioned whether the downtown area is all in one census tract, and was told by Staff that they do not believe it is. It was noted that the City of Gilroy only has one census tract that is not impacted. Mary Ann Milias stated that ABC looks at licenses per thousand population and looks at on-sale and off-sale licenses. She stated that she supported Ana Chavira as a good tenant. Ortensia Vasquez, Mothers Against Gangs, stated the owner may have made a big difference inside, but the whole area is a problem area with regard to gangs. Mayor Protempore Morales asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. The Mayor Protempore closed the hearing. Motion was made by Councilman Valdez seconded by Councilwoman Rowlison, and the motion carried to uphold the denial by the ABC Review Committee. The Staff Report on a recommendation to approve AlS 97-06 for a Planned Unit Development (PUD) Design Review for a mini-mart gas station within a larger PUD project site at 5900 Travel Park Circle, at the Monterey Road Freeway Interchange, MVW Partners (c/o Howard Vierra) applicant, was noted and further explained by Planner III Faus. In response to questions from Councilmembers, Planner Faus explained the pads will need to be l' above flood level for fmished floor, the trash enclosures will be large enough for recycling, the trucker's lounge would require a Conditional Use Permit and PUD approval, and that the potentially significant issues are traffic, air quality, removal of prime ag land, noise, and hydrology. 69 6 :j (At 10:58 p.rn. Councilman Valdez left the Council Chambers, and returned at 11 :01 p.m.) Tilea Kaeini, 750 Babbs Creek, stated concerns about the sports park, and whether the truck stop can and will have its own security. City Administrator Baksa reviewed the type of ABC license that the restaurant would apply for. City Attorney Callon noted that the City has not approved a CUP for a truck stop, this is just for the mini-mart, and the applicant mayor may not apply for the truck stop in the future. Cat Tucker stated it is common knowledge that there is drug trafficking and prostitution at truck stops. She questioned whether there will there be any extra police monitoring in the future, and was told this will be reviewed in the future. Pamela Jones questioned whether the City is extracting enough fees to cover impacts on police, and whether this is considered a part of downtown Gilroy? She questioned whether this will drive that area to be country western? City Administrator Baksa stated that this is not considered downtown Gilroy. Tony Sudol, 765 Wisteria, stated that he has an architectural background, and noted that this is higher than a two story structure. He discussed potential problems with the area. Ortensia Vasquez stated there is a lot of drug activity and prostitution in the Motel 6 area where the trucks go now. The Mayor Protempore closed the public input portion for this request. Councilwoman Rowlison stated that she appreciated all the comments and concerns, but that she is glad to see the truck stop coming, since trucks have been scattered all over town for years, and now they will be concentrated and police will be able to look at their activities more closely. Motion was made by Councilwoman Rowlison seconded by Councilman Gilroy, and the motion carried to direct staff to prepare a resolution approving this request. Mayor Protempore Morales asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Ortensia Vasquez, Mothers Against Gangs, requested to make a presentation to Council in closed session, to bond and bring out the negative feelings and clarify what she does, to the City Council, City Attorney, and City Administrator, and she stated that she would like the Police Chief and members of th~ police Department present. . City Attorney Callon reviewed the Brown Act issue and the need to meet at ~ study session rather than individually or in closed session. Council agreed to hold a study session at 6:00 p.m. on Apri128, 1997. The following informational items were noted with no separate discussion on same. Correspondence re: Legislation: 1997 Legislative Summary; Letters in Support of SB 889 - Reducing the Property Tax Amount Shifted by a Schedule of Unspecified Percentages Until the Shift Reaches Zero; 696G Letters in Support of SB 1310 - Allowing Cities and Counties to Place a Sales Tax Measure Before the Local Voters; Letters in Support ofSB 880 - Capping the Property Tax Shift at the Dollar Amount Shifted in 1996-97; Letters in Support of AB 1 - Capping the Property Tax Shift at the Dollar Amount Shifted in 1996-97; Letters in Support of ACA 4 - Placing the ERAF Cap and Reverse the Shift in Taxes in the State Constitution; Letters in Support of AB 95 - Reducing the Amount Property Tax is Shifted by a Schedule of Unspecified Percentages Until the Shift Reaches Zero; Letters in Support of AB 334 - Preventing Reductions in City Allocations of Proposition 172 Funds, and Prevent Application of AB 1991 in this Year's Allocations; Letters in Opposition to SB 325 - Require the State to Develop Graffiti Removal Standards for State Highway Property; Letters in Support of AB 1288 - Require Prior Approval of a City or County for a Group Home to House any Person Convicted of a Serious or Violent Felony or Residential Burglary; Letters in Support of AB 323 - Allow City Input on the Licensing of Group Homes; Letters in Support for the Return of Traffic Fine Revenues to Local Agencies; Letters in Support of AB 610 - Defme Guidelines for Sale and Distribution of Marijuana for Medical Use; Letters in Support of AB 1296 - Add Skateboarding to the List of Hazardous Recreational Activities for Which Local Governments Would Receive Limited Liability Protection; Customer Service: Santa Clara County Public Health Department Emergency Medical Services Agency Expressing Their Thanks to the Gilroy Fire Department for Participation in the Enhanced EMT-I Practice Program; Volunteer Exchange in Appreciation to City Administrator for Participation at the "Volunteers for Cities" Recognition Luncheon; Flora Branzich in Appreciation of the City Council Consideration and Thoughtfulness in Listening tq the Citizens of Gilroy; California Park and Recreation Society, Inc. Award of Certificate of Appreciation to John Garcia; League of California Cities Legislative Bulletin #12-1997, Apri14, 1997; Proclamation Issued by Mayor Protempore Morales: Salvation Army Week, May 12-18,1997; Gilroy Visitors Bureau Advisory Council Minutes of March 13, 1997; Letter from City's Community Development Department to Assembly- member Peter Frusetta Regarding Project for Petroleum Violation Escrow Account (PVEA); and Plan. Corn. 3-6-97 Plan. Corn. 4-3-97 P & R Corn. 3-18-97 P & R Corn. 3-25-97 Lib.Com. 3-12-97 A & C Corn. 3-11-97 Sr.Adv.Bd. 3-17-97 t ~ ft. 6967 League of California Cities Legislative Bulletin # 13-1997, Apri111, 1997. The Minutes of the Planning Commission Meeting of March 6, 1997 were noted. The Report of the Planning Commission Meeting of Apri13, 1997 was noted. The Minutes of the Parks & Recreation Commission Meeting of March 18, 1997 were noted. The Minutes of the Parks and Recreation Commission Meeting of March 25, 1997 were noted. The Minutes of the Library Commission Meeting of March 12, 1997 were noted. The Minutes of the Arts and Culture Commission meeting of March 11, 1997 were noted. The Minutes of the Senior Advisory Board Meeting of March 17, 1997 were noted. City Administrator Baksa stated that Gilroy Unified School District cannot meet on the requested day, and suggested May 14 or 21. City Administrator Baksa noted the Golf Course Advisory Meeting on May 7, 1997 at 7 :00 p.m. at the Senior Center. Mayor Protempore Morales thanked the residents of Rogers Lane for last Saturday. He stated that he attended an AAUW workshop. He thanked his fellow Councilmembers and Staff for allowing him to be Mayor Protempore. Motion was made by Councilman Valdez seconded by Councilman Gilroy, and the motion carried to appoint Councilwomen Rogers and Rowlison to the General Plan Update Central Committee. Motion was made by Councilman Springer seconded by Councilwoman Rowlison, and the motion carried to approve the recommended schedule for rotation of Mayor Pro Tempore through November, 1997. Noted attendance for the South County Joint Planning Advisory Committee. Councilwoman Rogers noted information regarding the Ethical Campaign Project and a forum on April 29, 1997 at 7 p.m. Councilwoman Rowlison stated the Santa Clara Valley Water District will have a Water Rates Public Hearing on May 13, and are recommending the same rates for this year and next year. Councilman Valdez stated that he has the quarterly report for the Valley Transportation Authority, and everything has increased - including ridership by 40%, and they expect more usage. He stated that the Altamont Rail Express would like to corne down on Garlic Festival weekend and possibly continue weekend service. Councilwoman Rogers noted that Kerry Dexter invited everyone to the tourism lunch on Wednesday, May 7, 1997 at noon at the Radisson Hotel in San Jose. IfCouncilmembers want to go, they should call Councilwoman Rogers or Kerry Dexter. Councilman Gilroy stated that he attended the ABAG General Assembly in San Francisco on Friday, and stated that our annual assessment has gone up. He also stated that the ABAG self insurance will return a large portion of their collections. 6968 Adjrnmt. He stated that they need another representative for the Economic Development Board of Directors, and Councilman Springer volunteered, with a consensus of the Council. Councilman Springer stated that he attended the blue and gold luncheon honoring our public safety officers and others in the area. He requested that these recipients corne to our next meeting under Presentations to honor/recognize them. The Mayor Protempore noted the following Meetings/Events: Earth Day 1997, Saturday, Apri119, 1997, 10:00 a.m. to 2:00 p.m., Christmas Hill Park (Mulberry Area), Gilroy, California. Joint Board Workshop with the South County Regional Wastewater Authority and the Santa Clara Valley Water District's Recycling Ad Hoc Committee on the SCRWAlSCVWD Phase I Recycled Water Work Plan, Tuesday, Apri122, 1997,7:00 p.m., Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy, California. At 11 :53 p.m. the Mayor Protempore adjourned the meeting. Respectfully submitted, ~~" Rhonda Pellin, Interim City Clerk