Minutes 1997/08/04
Posting
Agenda
Roll Call
Consent
Calendar
Budget
Firefighters
MOU
Minutes
Regular Meeting
August 4, 1997
Gilroy, California
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Mayor Protempore Gilroy announced that Council had just adjourned from a
Closed Session re: Threat to Public Services, Consultation with Chief of Police,
pursuant to Gov't. Code Section 54957, and that no action had been taken. He
noted that the Council discussed the issue of the bodies found at the sewer plant
and that the Police Department investigation is continuing.
Mayor Protempore Gilroy led the Pledge of Allegiance to the Flag.
The City Clerk noted that the Agenda had been posted on July 31, 1997, at
11:25 a.m.
Present: Councilmembers. Charles S. Morales, Suellen C. Rowlison, Thomas
W. Springer, Pete Valdez, Jr., and K. A. Mike Gilroy; Absent: Councilmember
Connie Rogers - 7:07 p.m.
Motion was made by Councilman Morales, seconded by Councilwoman
Rowlison and carried that the following items under the Consent Calendar be
approved by the following Roll Call Vote: Ayes: Councilmembers: Charles S.
Morales, Suellen C. Rowlison, Thomas W. Springer, Pete Valdez, Jr., and K. A
Mike Gilroy; Absent: Councilmember Connie Rogers:
Budget Amendments/Transfers as recommended;
Firefighters Local 2805 Memorandum of Understanding;
Minutes of the Regular Council Meeting of July 7, 1997;
Imp. Agreement Property Improvement Agreement No. 97-40; Tract No. 8834, Gilroy
Tract 8834 Roadway Plaza, LLC;
Imp. Agreement Property Improvement Agreement No. 97-16; Tract No. 8924, Warmington
Tract 8924 Gilroy; and
Minutes
Bid- Traffic
Signal
Interconnect
Project
Pub. Hear.
TM 97-01
Minutes of the Regular Council Meeting of July 21, 1997.
City Administrator Baksa presented recommendations to reject the bid of
Steve Lacki Electrical Construction for the Traffic Signal Interconnect Project,
Federal Project No. CML-5034(007), City Project No. 97-CDD-471, since they
did not submit proof that they have the appropriate contractor's license.
Motion was made by Councilman Valdez, seconded by Councilman Springer
and carried to reject the bid and rebid the project.
Mayor Protempore Gilroy stated it was the time and place scheduled for a
Public Hearing on a Tentative Map request to subdivide parcels approximating
7.57 acres into a 37 lot single-family residential subdivision, on property zoned
Rl (Single Family Residential), located along the east side of Wren Avenue,
between Ronan Avenue and Farrell Avenue, south of a Santa Clara Valley Water
District channel. Greg Mussallem, applicant, TM 97-01.
The Staff Report was noted and further eXplained by Planner II Durkin, noting
the addition of condition # 18 regarding fencing.
Mayor Protempore Gilroy asked if there was anyone in the audience wishing
to speak for or against the proposal.
Gloria Ballard, MH Engineering, stated that she spoke on this request during
the RDO processes, noting that the applicant is concerned about condition # 18 for
fencing, since only four lots have access to the area.
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Pub.Hear.
GPA 97-01
Mayor Protempore Gilroy asked if there was anyone else wishing to speak on
this request.. There was no further comment from anyone in the audience. Mayor
Protempore Gilroy closed the Public Hearing.
Motion was made by Councilman Valdez, seconded by Councilman Springer
and carried to approve the mitigated Negative Declaration as completed in
compliance with CEQA, and reflecting the independent judgment of the City,
striking mitigation measures #5, #8, and #9.
Motion was made by Councilman Valdez, seconded by Councilman Springer
and carried to direct staff to prepare a resolution deleting condition # 18 proposed
by the Planning Commission, and adding condition #18 to read: 18. The
northerly face of curb shall be located two (2) feet from the northerly property
boundary, subject to review and approval by the Santa Clara Valley Water
District and City of Gilroy Engineering Division.
It was the consensus of the Council to have the Parks and Recreation
Commission review channel development.
Councilman Springer complimented Planner II Durkin on a great job, noting
this was not her project.
Mayor Protempore Gilroy stated it was the time and place scheduled for a
General Plan Amendment request to revise the City of Gilroy's General Plan Map
to include approximately 265 acres of land located east of Burchell Road, north of
Hecker Pass Highway, into the 20-year planning area and designate the property a
combination ofPF (park/Public Facility), LDR (Low Density Residential), HR
(Hillside Residential), and OS (Open Space). City of Gilroy, applicant, GPA 97-
01.
The Staff Report was noted and further explained by Planner II Durkin, noting
that the applicant has agreed to limit the number of units from 138 to 98.
Laura Forbes noted that a Chinese cemetery is currently located on City of
Gilroy property and if anything were found, they could protect it and have a
qualified person deal with it. In answer to a question, she stated that no interest
has been made regarding the Lucky Hereford Ranch.
Council discussed the alternative access routes.
Mayor Protempore Gilroy asked if there was anyone in the audience wishing
to speak for or against the proposal.
Robert Oneto, MH Engineering, discussed the secondary access to Country
Estates, which was designed in conjunction with the current golf course.
Eric Wasser, representing golfers, spoke in favor of the request and stated that
over 350 golfers in the area signed a petition in favor of an 18 hole golf course.
Melissa Bruins, 8440 Burchell Road, noted there are some significant impacts
from this project and encouraged Council to defer this at this time.
Cat Tucker, 9440 Eagle View Way, stated concerns regarding traffic impacts,
and questioned whether advertising signs will be allowed on Santa Teresa Blvd.
Joe Galletto, Burchell Road, discussed access to the project and traffic.
Pamela Jones, stated concerns with traffic and discussed public use of public
open space area.
Larry Brem spoke in favor of the golf course.
(At 9: 10 p.m. Councilman Morales left the Council Chambers and returned at
9:12 p.m.)
Mr. Tollison, Welburn Avenue, noted that there will not be a traffic problem.
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Cat Tucker stated concerns with the number of traffic trips in the staff report,
and the inconsistency regarding the number of car trips per home.
Dave Loftrom, spoke in support of the new golf course.
Tom Houts, Burchell Road, discussed the traffic trips on Burchell Road and
Mantelli Drive, noting housing is the issue.
Mr. Wallace, Vista del Monte Court, noted 45 reported accidents on Burchell
Road.
Phil Lawton stated the old golf course should not be eliminated.
Jane Howard, Canada Road, representing the Chamber of Commerce, stated
that the Chamber supports the golf course and annexation of land.
Dave Sabo, new resident, noted young golfers in the audience that need a
place to play.
George Renz, Summit Road, spoke in support of the new golf course.
Bill Lindsteadt, Kelton Drive, Economic Development Director, noted support
ofEDC and the benefits of this project.
Susan Mister, noted the traffic and flooding concerns.
Karen Reed, 10005 Burchell, noted concerns with the traffic and safety issues.
Mayor Protempore Gilroy asked if there was anyone further wishing to speak
on this request. There was no further comment from anyone in the audience.
Mayor Protempore Gilroy closed the Public Hearing.
Mayor Protempore Gilroy called for a break at 9:32 p.m., after which he
recalled the meeting to order.
Bob Mattson clarified issues regarding traffic. He noted that the study was
done at intersections, because those links are usually where the problems are.
Planner II Durkin responded that the project does not conform to LAFCO
policy, but noted that the project is substantially in compliance with LAFCO
policy since only 18% is residential. She noted that the golf course will act as a
buffer zone, and also responded to concerns by Mr. Byrd.
Laura Forbes responded to concerns by Isabelle C. Quinn.
City Attorney Callon noted that she will need to add some additional
informational data in the resolution.
Res. 97-47 Motion was made by Councilman Springer, seconded by Councilman Valdez
and carried that the reading of Resolution No. 97-47 be waived and that it be
adopted making certain findings in the public interest, concerning mitigation
measures and alternatives, adopting a Statement of Overriding Considerations,
and adopting a Mitigation Monitoring and Reporting Program, all in accordance
with CEQA for the Gilroy Municipal Golf Course Project.
RESOLUTION NO. 97-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
MAKING CERTAIN FINDINGS CONCERNING MITIGATION MEASURES
AND ALTERNATIVES, ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM IN ACCORDANCE WITH THE REQUIREMENTS
OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE
GILROY MUNICIPAL GOLF COURSE PROJECT FOR WHICH AN
ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED.
PASSED AND ADOPTED this 4th day of August, 1997, by the following vote:
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AYES:
COUNCILMEMBERS: MORALES, ROWLISON, SPRINGER,
VALDEZ, and GILROY
COUNCILMEMBERS: None
COUNCILMEMBERS: ROGERS
NOES:
ABSENT:
Res. 97-48 Motion was made by Councilman Springer, seconded by Councilman Valdez
and.carried that the reading of Resolution No. 97-48 be waived and that it be
adopted approving GP A 97-01.
RESOLUTION NO. 97-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO
AMEND THE CITY'S GENERAL PLAN TO INCLUDE APPROXIMATELY
265 ACRES WITHIN THE CITY'S GENERAL PLAN AREA AND THE
CITY'S 20- YEAR AREA BOUNDARY, APN 783-06-04, 05, 06, 07, 08, 09, 10;
783-13-03 (pORTION); GPA 97-01.
PASSED AND ADOPTED this 4th day of August, 1997, by the following vote:
AYES: COUNCILMEMBERS: MORALES, ROWLISON, SPRINGER,
VALDEZ, and GILROY
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: ROGERS
Pub.Hear.
USA 97-01
Mayor Protempore Gilroy stated it was the time and place scheduled for a
Public Hearing on the 1997 Urban Service Area request of approximately 265::1:
acres located east of Burchell Road, north of Hecker Pass Highway (Assessor's
Parcel Nos. 783-06-004,005,006,007,008,009,010; 783-11-003 [portion]) into
the City's Urban Service Area, which would identify it as an area which could be
annexed to the City and which may have services available within the next five
years. City of Gilroy, applicant, USA 97-01.
The Staff Report was noted and further explained by Planner II Durkin.
Mayor Protempore Gilroy asked if there was anyone wishing to speak on this
request. There was no further comment from anyone in the audience. Mayor
Protempore Gilroy closed the Public Hearing.
Res. 97-49 Motion was made by Councilman Springer, seconded by Councilman Morales
and carried that the reading of Resolution No. 97-49 be waived and that it be
adopted approving USA 97-01
RESOLUTION NO. 97-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING USA 97-01 TO INCLUDE APPROXIMATELY 265 ACRES,
APN 783-06-04,05,06,07,08,09, 10; 783-13-03 (pORTION) IN THE CITY'S
URBAN SERVICE AREA AND APPLYING TO THE LOCAL AGENCY
FORMATION COMMISSION OF SANTA CLARA COUNTY FOR
MODIFICATION TO THE CITY'S URBAN SERVICE AREA.
PASSED AND ADOPTED this 4th day of August, 1997, by the following vote:
AYES: COUNCILMEMBERS: MORALES, ROWLISON, SPRINGER,
VALDEZ, and GILROY
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: ROGERS
Pub.Hear.
Z 97-02
Mayor Protempore Gilroy stated that it was the time and place scheduled
for a Public Hearing to prezone approximately 265::1: acres of land located east of
Burchell Road, north of Hecker Pass Highway, prior to annexation from its
current County zoning designation, to a combination ofPF (Park/Public Facility,
Rl (Single Family Residential), RH (Residential Hillside), and OS (Open Space),
all with a Planned Unit Development (PUD) Overlay zone. City of Gilroy,
applicant, Z 97-02.
The Staff Report was noted and further explained by Planner II Durkin.
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Mayor Protempore Gilroy asked if there was anyone in the audience wishing'
to speak for or against the proposal. There being no comment from anyone in the
audience, Mayor Protempore Gilroy closed the Public Hearing.
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried that the proposed ordinance be read by title only and waived further
reading of the ordinance.
Motion was made by Councilman Springer, seconded by Councilman Valdez
and carried that the ordinance be introduced and published by title and summary
approving the prezoning.
Pub.Hear.
M 97-09
(AHE 97-02)
Mayor Protempore Gilroy stated that it was the time and place scheduled
for a Public Hearing on an Affordable Housing Exemption from RDO pursuant to
Zoning Ordinance Section 50. 62(b )(3) and (4), for the purpose of developing a
106 unit housing project which includes 98 affordable multi-family rental units
and 8 market rate duplex rental units, on property located on the west side of
Monterey Road, north of Farrell Avenue, at 9345 Monterey Road. Central Valley
Corporation, applicant, M 97-09 (AHE 97-02).
Motion was made by Councilman Valdez, seconded by Councilman Morales and
carried to continue this request to September 15, 1997.
Gen.Plan. Com. City Administrator Baksa stated that Phil Buchanan will report on the
Appointments continued review of the recommended 31 General Plan Committee appointments,
and 16 alternates and possible reconsideration.
Phil Buchanan distributed information and noted that two alternates were
moved up to regular members. It was noted that the alternates' residences are
noted on the map in powder blue.
Jack Pate noted that they had an outstanding list of applicants, and that they
had received over 100 applications.
Guadalupe Arellano thanked the committee for the recommendation to add
the additional members from the east side. She stated that she is still concerned
that by moving the two alternates up to regular members, that leaves no alternates
on the east side, and stated that she would like to see members appointed from the
east side if any more alternates are appointed.
Albert Quintero stated concern with only eight Hispanics on the committee.
Craig Gartman, 1284 Pheasant Drive, noted that he did not fill out the
application with regard to ethnicity, area of residence, or other issues, but rather
community issues.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Valdez and carried to approve the General Plan Update Central Committee (33
regular members and 14 alternate members) with consideration that if there are
additional alternates to be appointed, they will be from the east side.
Mayor Protempore Gilroy deviated from the agenda to accommodate
interested persons in the audience.
OEDP & NRS City Administrator noted the contract award for the preparation of the Overall
Economic Development Plan (OEDP), and Neighborhood Revitalization Strategy
(NRS).
City Attorney Callon noted the contract had numerous minor changes than the
copy in the packet.
HCD Coordinator Yurutucu noted that the OEDP would be similar to a
component in the General Plan.
Motion was made by Councilman Morales, seconded by Councilwoman Rowlison
and carried to award the contract to Claggett Wolfe Associates.
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Ballot
Arguments
TM 97-03
Z 97-03
Mayor Protempore Gilroy returned to the regular order of the agenda.
City Administrator Baksa noted the Ballot Arguments Submitted by the City
CouncillMayor Protempore, and also noted the City Attorney Callon's impartial
analysis.
Motion was made by Councilman Springer, seconded by Councilwoman
Rowlison and carried to approve the ballot arguments.
City Administrator Baksa noted the response to City Council concerns about
the Longmeadow Tentative Map (TM 97-03).
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried to I) find that the developer has addressed all five concerns that were
raised at the June 16, 1997 City Council meeting, 2) approve the proposed revised
buildout schedule, and 3) allow the developer to complete processing of the Final
Map for-this project.
City Administrator Baksa noted the request to Prezone approximately 90.05
acres of land on the City of Gilroy's Zoning Map, prior to annexation, from
County Agriculture to General Industrial (M2), on property located south of the
terminus ofSilacci Way, west of Miller Slough, Tom S. Obata and Thomas 1.
Obata, Z 97-03. (public Hearing held 7-21-97)
Motion was made by Councilman Morales, seconded by Councilman Springer
and carried that the proposed ordinance be read by title only and waived further
reading of the ordinance.
Motion was made by Councilman Valdez, seconded by Councilman Morales
and carried that the ordinance be introduced and published by title and summary
approving the prezoning.
Mayor Protempore Gilroy asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Bill Lindsteadt noted the Congestion Management Program County-Wide
Deficiency Plan, which could have a negative effect onjob creation in Gilroy. He
noted that Mike Evanhoe will make a presentation to the Gilroy City Council in
September or October.
Councilman Valdez stated that the apartment owners were appreciative of the
letter of support.
The following informational items were noted with no separate discussion on
same:
Customer Service:
Letter of thanks from Gilroy Foods for the City Administrator discussing
issues regarding Gilroy Foods and their new neighbors;
Letter of thanks from Susan Dodd to Mark Dover for spearheading efforts to
get weight room equipment;
Letter from and response to the Gilroy Chamber of Commerce Government
Review Council regarding Community Development Block Grant FY 97-98 and
the funding activities for the Tool Lending Library and the Minor Repair
Program;
Letter from the Santa Clara County Library Joint Powers Authority Board
requesting names for focus groups;
Letter of thanks from Donald F. Gage, Supervisor District One, for the City of
Gilroy's diligence and contribution to efforts on the Youth Violence Summit;
League of California Cities Legislative Bulletin #27-1997 dated July 25,
1997;
Plan. Com.
6-26-97
Pers. Com.
5-19-97
Internet
Home Page
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Article from the San Jose Mercury News dated July 26, 1997 entitled Real
Estate House of Horrors;
Community Development Department - Planning Division Monthly Report of
Long-Range Applications and Status ofRDO Allocation & Activity;
Appointment of Deputy City Clerks; and
Letter to Honorable Andrew Cuomo, Secretary, Department of Housing and
Urban Development regarding sale of the Gilroy Apartments.
The report of the Planning Commission special meeting of June 26, 1997 was
noted.
The minutes of the Personnel Commission meeting of May 19, 1997 were
noted.
Public Information Officer McCann gave an update on the design of the City
of Gilroy Internet Home Page.
Mayor Protempore Gilroy noted the City Attorney's impartial analysis of the
proposed Charter amendments and measures.
Mayor Protempore Gilroy commented that the mounted patrol came by his
house on their way back from Christmas Hill Park and noted that they had caught
a criminal downtown that afternoon. He stated that he will take the first two
weeks in August as Mayor Protempore and then Councilwoman Rogers will take
over as Mayor Protempore.
Councilman Morales welcomed his brother-in-law, Paul Cline, who is the
U.S. General Consulate to Panama.
Councilman Valdez reported the site selection committee meeting will be held
Friday with the San Jose City Council, and a recommendation will go to the JPB
on August 15, 1997. He noted the Gilroy Train Station Restoration Committee is
having a raflle and Rail Fair to coincide with the Brew Fest. He also noted a
report from Paul Kloecker on the Housing Trust Fund review sub-committee,
commenting that St. Joseph's Center received $2,074 last year and will receive
$3,771 this year.
Councilwoman Rowlison stated that she attended the landlord training
program put on by the City of Gilroy.
Councilman Springer commended Community Service Officer Munoz and
HCD Coordinator Yurutucu for helping put this landlord training on. He
commented that the Planning Commission is concerned that they have enough
money in their budget to attend training sessions, since it is important that they
are prepared. City Administrator Baksa stated that they need to get staff a Work
Plan and submit it.
Mayor Protempore Gilroy noted the following meetings/events:
Reminder - Council meetings for August 18, 1997 and August 25, 1997 have
been cancelled.
Joint Retreat of the Gilroy City Council and the Gilroy Unified School
District Board of Education on Monday, September 8, 1997 at 7:00 p.m. in the
Gilroy Unified School District Board Room, 7810 Arroyo Circle, Gilroy,
California to discuss items of mutual interest.
Workshop of the Gilroy City Council on Wednesday, September 10, 1997 at
7:00 p.m. in the Council Chambers, 7351 Rosanna Street, Gilroy, California to
discuss Planned Unit Development and Lot Size Requirements.
City Employees' Annual Barbecue on September 20, 1997 at Christmas Hill
Park.
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Mayor Protempore Gilroy adjourned the meeting at 11 :59 p.m. to Tuesday,
September 2, 1997.
Respectfully submitted,
4"e('~1
/s/ RHONDA PELLIN
City Clerk