Minutes 1997/05/05
6972
Posting
Agenda
Roll Call
Consent
Calendar
Budget
Claim
Res. 97-21
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Regular Meeting
May 5, 1997
Gilroy, California
Mayor Protempore Rowlison led the Pledge of Allegiance to the Flag.
The Interim City Clerk noted that the Agenda had been posted on May 1,
1997 at 12:05 p.m.
Present: Councilmembers K. A. Mike Gilroy, Charles S. Morales, Connie
Rogers, Thomas W. Springer, Pete Valdez, Jr. and Suellen C. Rowlison; 7:03 p.m.
Anthony Sudol, 765 Wisteria, questioned the payment of school impact fees by
developers on Item C under the Consent Calendar, and City Administrator Baksa
explained the payment.
Motion was made by Councilman Valdez, seconded by Councilman
Morales, and carried that the following items under the Consent Calendar be
approved removing Item C. re: Resolution Approving a Tentative Map Request
for Charles Cheng by the following Roll Call Vote: Ayes: Councilmembers K. A.
Mike Gilroy, Charles S. Morales, Connie Rogers, Thomas W. Springer, Pete
Valdez, Jr. and Suellen Rowlison:
Budget Amendments/Transfers as recommended;
Denied Claim of Epifania Vera;
Adopted Resolution No. 97-21 Resetting Numerical Limits for Maximum
Total Number of Residential Dwelling Units to be Built During Each of the Years
1994 Through 2003, Inclusive;
RESOLUTION NO. 97-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
RESETTING NUMERICAL LIMITS FOR MAXIMUM TOTAL NUMBER OF
RESIDENTIAL DWELLING UNITS TO BE BUILT DURING EACH OF THE
YEARS 1994 THROUGH 2003, INCLUSIVE.
PASSED AND ADOPTED this 5th day of May, 1997, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
SPRINGER, VALDEZ, and ROWLISON.
6973
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None;
Res. 97-22 Adopted Resolution No. 97-22 Approving Architectural and Site Approval of
a Planned Unit Development (PUD) Involving Approximately 7.68 Acres, MVW
Partners, AlS 97-06, APN 841-14-067;
RESOLUTION NO. 97-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AlS 97-06 (PUD), AN APPLICATION FOR ARCHITECTURAL
AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD)
INVOLVING APPROXIMATELY 7.68 ACRES, APN 841-14-067.
PASSED AND ADOPTED this 5th day of May, 1997, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
SPRINGER, VALDEZ, and ROWLISON.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None;
Res. 97-23 Adopted Resolution No. 97-23 Denying Variance, Affirming the Planning
Commission's Denial of Variance, and Denying the Appeal of the Planning
Commission's Decision on Variance, Richard Davis, V 96-11, APN 790-42-072;
RESOLUTION NO. 97-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DENYING VARIANCE V 96-11, AFFIRMING THE PLANNING
COMMISSION'S DENIAL OF VARIANCE V -6-11, AND DENYING THE
APPEAL OF THE PLANNING COMMISSION'S DECISION ON VARIANCE
V 96-11 (APN 790-42-072).
PASSED AND ADOPTED this 5th day of May, 1997, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
SPRINGER, VALDEZ, and ROWLISON.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None;
Res. 97-24 Adopted Resolution No. 97-24 Initiating Proceedings for the Annual Levy of
Assessments for the Maintenance District No.1, Fiscal Year 1997/1998;
RESOLUTION NO. 97-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY,
CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF
ASSESSMENTS FOR THE MAINTENANCE DISTRICT NO.1, FISCAL
YEAR 1997/1998.
PASSED AND ADOPTED this 5th day of May, 1997, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
SPRINGER, VALDEZ, and ROWLISON.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None; and
Res. 97-25 Adopted Resolution No. 97-25 Declaring its Intention to Levy Annual
Assessments for Maintenance District No.1, Fiscal Year 1997/1998.;
RESOLUTION NO. 97-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY,
CALIFORNIA, DECLARING ITS INTENTION TO LEVY ANNUAL
ASSESSMENTS FOR MAINTENANCE DISTRICT NO. 1, FISCAL YEAR
1997/1998.
PASSED AND ADOPTED this 5th day of May, 1997, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
SPRINGER, VALDEZ, and ROWLISON.
6974
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None.
Res. 97-26 Motion was made by Councilman Valdez seconded by Councilman Springer,
and carried to adopt Resolution No. 97-26 approving a Tentative Map with
residential lots on approximately 8.0 acres located west of Santa Teresa
Boulevard, Charles Cheng, TM 96-04, APN 783-20-016;
RESOLUTION NO. 97-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TM 96-04, A TENTATIVE MAP WITH RESIDENTIAL LOTS
ON APPROXIMATELY 8.0 ACRES LOCATED WEST OF SANTA TERESA
BOULEVARD, APN 783-20-016.
PASSED AND ADOPTED this 5th day of May, 1997, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, SPRINGER,
VALDEZ, and ROWLISON.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: ROGERS.
Fire Chief Gillespie discussed the EMT Program for his Departmental Report.
Jim McPherson, Emergency Medical Services Agency, explained the Enhanced
EMT -1 Practice. He stated that the Gilroy Fire Department had 100%
participation, which was all voluntary.
Pub. Hear.
Addtl. RDO
Allocations
Mayor Protempore Rowlison stated that it was the time and place scheduled
for a continued Public Hearing to Consider Additional Housing Permit Allocations
for the Year 2001 for 1996 Residential Development Ordinance Applicants.
The Staff Report was noted and further explained by City Administrator Baksa
that after the completion of the 1996 competition, Council wanted to discuss
allocating additional units, and with the possible conflict of interest by then Mayor
Donald Gage, this item was postponed.
In answer to a question as to why this was reagendized, City Attorney Callon
explained that a developer requested reconsideration and staff indicated that some
units were available for allocation in 2001.
Councilmember Springer clarified that after the December meeting regarding
allocations, a letter of protest was received from John Filice asking whether
Council would consider additional allocations. He noted that this discussion is not
to change anything done in December.
Planner II Faus distributed a listing of allocations.
Mayor Protempore Rowlison asked if there was anyone in the audience
wishing to speak for or against the proposal.
John Filice, on behalf of Farotte, noted that the installation of the 566 Project,
including bridges, was put in years ago and also stated that the developers agreed
to construction of Sunrise Drive. He requested allocation for 2001.
Tony Sudol noted the discussion on RDO Section 50.66 (d), and requested
that the infrastructure be put in before construction occurs.
Pamela Jones spoke regarding the Sunrise Drive issue, noting that the
developer was required to put in Sunrise Drive because of a previous tentative map
per Sue Dillon. She stated that it appears that we are holding a special RDO
allocation for one developer. She stated that if the Councilmembers change their
vote, she wants specific reasons why they are changing it.
Councilman Gilroy questioned whether she is suggesting that there are behind
the scenes machinations, and stated that he found that very offensive.
Pub. Hear.
TM 96-08
Tom Carr
6975
Ms. Jones stated she would like the December 2, 1996 City Council minutes,
and the minutes from the Planning Commission meetings of November, 1996,
January, February, and March, 1997 admitted as part ofthe Public Hearing record.
City Attorney Callon explained that Section 50.68 does not give the developer
guarantees that they will receive further allocations.
Burt McConkey, stated that he is excited that John Filice would like to build
Ventana style 6,000 sq.ft. lot homes. He stated that the City does not need
Sunrise Drive right now, so no further allocations are needed.
Councilman Springer reminded the residents that Sunrise Drive shortens the
response time for the Fire Department.
Cat Tucker, 9440 Eagle View Way, stated that the residents do want the fire
response time lowered, but the construction of Sunrise Drive was a previous
requirement for two tentative maps. She stated that the residents do not like the
Council going outside of the established RDO process to grant further allocations,
so this request should not be considered further.
Susanne Bulle, 1480 Longmeadow Drive, questioned whether the Council-
members have received calls from residents in the northwest quad, and all replied
they had. She stated they should not change the vote from their vote in December.
Lou Tersini, Lions Creek-Arcadia, stated that this is a question of fairness. He
noted that it is Arcadia's style to put streets in before the houses are built. He
stated that if allocations are given tonight, then the streets can start to be planned.
He requested the City Council grant the requested allocations, noting that it takes
considerable time to plan a project from the time the RDO is approved through the
tentative map and construction timeframe. He noted he has given a construction
schedule to the Planning Department, and the request is not premature.
Mayor Protempore Rowlison asked if there was anyone further in the audience
wishing to speak. There was no comment from anyone in the audience. Mayor
Pro tempore Rowlison closed the Public Hearing.
Councilman Springer stated that the City has made mistakes in planning for
development in the northwest quad concerning Sunrise Drive, the type of houses,
and the 4,000 sq.ft. lot sizes.
Council discussed their concerns regarding this request.
Motion was made by Councilman Springer, seconded by Councilman Gilroy,
and did not carry (Councilmembers Rogers, Valdez, and Rowlison voting no) to
direct staff to prepare a resolution to award allocations for the year 2001 of 50
units each, to projects RD 96-05 and RD 96-06, subject to the following five
conditions: 1. All of these units shall be for lot sizes of 6,000 square feet, or
larger; 2. Sunrise Drive eastward to Santa Teresa Boulevard shall be completed
before construction of these lots shall commence; 3. Provision for a right turn only
lane from southbound Santa Teresa Boulevard to westbound Sunrise Drive shall
be made, subject to the review and approval of the City Engineering Division; 4.
Provision for a right turn lane from eastbound Sunrise Drive to southbound Santa
Teresa Boulevard shall be made, subject to the review and approval of the City
Engineering Division; and 5. Before any further allocations shall occur for these
project areas, the City Council shall determine the housing mix appropriate to
these areas.
Mayor Protempore Rowlison called for a recess at 9:50 p.m. and recalled the
meeting to order at 9:58 p.m.
Mayor Protempore Rowlison stated that it was the time and place scheduled
for a Continued Public Hearing to consider modifying a condition placed on a
previously approved Tentative Map, on property located at 95 Farrell Avenue,
west of Monterey Highway, Tom Carr, Applicant, TM 96-08.
697G
The Staff Report was noted and further explained by City Attorney Callon that
the applicant is not prepared to meet the wording of condition #11, as he is selling
the project. She noted suggested wording that was recommended by the Planning
Commission, and that this is an accommodation for him.
Mayor Protempore Rowlison asked if there was anyone in the audience
wishing to speak for or against the proposal. There was no comment from anyone
in the audience. Mayor Pro tempore Rowlison closed the Public Hearing.
Motion was made by Councilman Springer, seconded by Councilman Valdez,
and carried (Councilwoman Rogers voting no) to direct staff to prepare a
resolution approving modified condition # 11.
Councilmember Springer noted the commendations for Rosa Rodriguez and
David Aceves from the Gilroy Police Department.
Councilman Valdez suggested that as part of the Mayor Protempore's report it
would be appropriate to share the Proclamations that had been issued.
Councilwoman Rowlison suggested the proclamations be listed under
Presentations at the beginning of the meeting, and Councilman Springer suggested
the item be Presentations and Proclamations.
The following informational items were noted with no further discussion on
same:
Customer Service:
Card of Thanks to the Gilroy Fire Department, Las Animas Fire Station from
the '94 Las Madres Group;
Letter of Thanks for the Fire Department Participation in the City of Gilroy
Earth Day Event;
Letter of Appreciation from the City of Mountain View for the Assistance of
the Recreation Services Manager in an Oral Board;
Police Department Employees of the Month of March, 1997 to Officers Rosa
Rodriguez and David Aceves;
League of California Cities Legislative Bulletin # 15-1997 dated April 25, 1997;
Proclamations Issued by Mayor Protempore:
Gilroy Community Service Weekend, May 31 and June 1, 1997;
~lst Anniversary of the Founding of the Italian Republic, June 3, 1997;
Smoke-Free Families Month, May, 1997;
Letter to Ana Chavira Regarding Application for an Alcohol Beverage
License/City Council Agenda of April 21, 1997;
South County Joint Planning Advisory Committee (Membership Roster, May,
1997);
Article from The Daily Recorder dated April 7, 1997 Boston Sees Astonishing
Turnaround on Youth Crime;
Municipal Resource Consultants Publication Sales Tax Digest, Fourth Quarter
1996 Sales; and
Letter from South Valley Disposal & Recycling, Inc. Regarding Waste
6977
Management of Santa Clara County Interest in Providing Environmental Services
to the City of Gilroy.
City Administrator Baksa noted a list of stores licensed to sell liquor on
Monterey Street, Gilroy, California.
City Administrator Baksa stated that Club Nemesis has fIled an appeal, and the
~qill1vil will deal with it in about a month.
City Administrator Baksa distributed a notice regarding a study session with
the Santa Clara Valley Water District at 6:00 p.m. on May 13,1997. Councilman
Gilroy stated that all the Councilmembers should receive a copy of the reclaimed
water report. Councilman Springer questioned whether we could also discuss the
issue ofMVTE.
City Administrator Baksa stated that it is time to revisit the car wash issue, but
noted that car washes are prohibited by the pretreatment ordinance. He also stated
that in the fall when the Federal regulations are adopted, car washes may not be
allowed under the new regulations. Council agreed that if no regulations corne
out of the Federal government, then the Council can review the issue at that time.
Mayor Protempore Rowlison distributed applications for the Personnel
Commission opening. She requested Council indicate their choice and return it to
City Administrator Baksa before the next meeting. She noted a Mother's Day
event at San Y sidro Park on May 10 from 11 :00 a.m. to 2:00 p.rn. She stated that
there is a South County Domestic Violence Task Force meeting on Wednesday,
May 7 from 12:30 to 1 :30 in San Martin, and invited anyone who would like to
attend in her absence to do so. She stated that she attended and represented the
Council at the first meeting ofthe General Plan Selection Committee.
Councilman Springer stated that he, as well as other members of the Council,
attended the Gavilan Special Olympics event on Saturday, and thanked the athletes
for allowing him to attend.
Councilman Gilroy stated that there is excellent support by City staff for the
Special Olympics. He reminded everyone to buy a paper on Friday for Senior's
Day.
Councilwoman Ro gers commended the Parks and Recreation staff for 19
years of Special Olympics' events.
Councilman Valdez stated that the Valley Transportation Authority is widening
Santa Teresa Boulevard from First Street to Mantelli Drive. He noted that the
construction of the parking lot at the CalTrain station is in the budget, and there is
commitment to bring weekend service to Gilroy for CalTrain. He stated that he
received some negative news regarding the maintenance facility, noting concerns
that we cannot house the trains.
Councilman Morales praised the Luigi Aprea students and parents for their
Spring BBQ. He noted that today is Cinco de Mayo. He commented that the
President of Mexico invited him to participate with the Mexican consulate in a
program in Mexico next week.
Mayor Protempore Rowlison announced that Council held a Closed Session
prior to the regular meeting regarding Threat to Public Services, Consultation with
Chief of Police, pursuant to Gov't. Code Section 54957, and that no action had
been taken.
Mayor Protempore Rowlison noted the following meetings:
Golf Course EIR Informational Public Meeting, Wednesday, May 7, 1997,
7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, California.
6978
Adjrnmt.
Closed
Session
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City Council Study Session for Review of the 1997-2002 Financial Plan on
Monday, May 12,1997,7:00 p.m., City Council Chambers, 7351 Rosanna Street,
Gilroy, California.
Santa Clara Valley Water District Public Hearing Regarding Water Utility
Rates, Tuesday, May 13, 1997, 7:00 p.rn., City Council Chambers, 7351 Rosanna
Street, Gilroy, California.
At 10:32 p.m., Mayor Protempore Rowlison adjourned the meeting to a
Closed Session Pursuant to Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR.
Property: 8531 Church Street, Gilroy, California
Negotiating Parties: Jehovah Witness Church
Matter under Negotiation: Price and terms of acquisition.
Mayor Protempore Rowlison reconvened the meeting and announced that
Council had just held a Closed Session regarding Conference with Real Property
Negotiator, pursuant to Gov't. Code Section 54956.8, and that no action had been
taken and further adjourned the meeting.
Respectfully submitted,
~d~~'
Rhonda Pellin, Interim City Clerk