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Minutes 1998/01/05 T I I I I I 71 n0 "~' "- Invocation Posting Agenda Roll Call Vol. Award EDC Consent Calendar Res. 98- I Regular Meeting January 5, 1998 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Malcolm MacPhail, New Hope Community Church, gave the Invocation. The City Clerk noted that the Agenda had been posted on December 31, 1997 at 8:18 a.m. Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles S. Morales, Suellen C. Rowlison, Thomas W. Springer, Anthony C. Sudol III, and K. A. Mike Gilroy - 7:05 p.m. The Mayor presented the Volunteer of the Month of December, 1997 Award to Kelly Palmer. Patti Hale stated that the last six months have been busy and productive. Bill Lindsteadt gave his mid-year update for the Economic Development Corporation (EDC). Motion was made by Councilman Springer, seconded by Councilman Morales and carried that the following items under the Consent Calendar be approved removing Item A. re: Ordinance amending the Animal Control Ordinance, Item C. re: Approval of Budget Amendments/Transfers, and Item F. re: Minutes of the Regular Council Meeting of December IS, 1997, by the following Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles S. Morales, Suellen C. Rowlison, Thomas W. Springer, Anthony C. Sudol III, and K. A. Mike Gilroy: Adopted Resolution No. 98-1 Determining Improvement Fund Surplus and Disposition of Surplus Amount for North Forest Street Assessment District No. 1994-A. ; 71 " f l; : RESOLUTION NO. 98- I A RESOLUTION DETERMINING IMPROVEMENT FUND SURPLUS AND DISPOSITION OF SURPLUS AMOUNT FOR NORTH FOREST STREET ASSESSMENT DISTRICT NO. 1994-A. PASSED AND ADOPTED this 5th day of January, 1998, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: K&B Monterey Property Improvement Agreement No. 97-77, Tract No. 8945, Wren Avenue, Bay, Inc. Kaufman and Broad - Monterey Bay, Inc. A/S 97-59 Adopted Resolution No. 98-2 of the City Council of the City of Gilroy Approving A/S 97-59, an application for Architectural and Site Approval, APN 810-30-037 (partial), Albert Fortino. Res. 98-2 RESOLUTION NO. 98-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 97-59, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL APN 810-30-037 (PARTIAL). PASSED AND ADOPTED this 5th day of January, 1998, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Leavesley Road Notice of Acceptance of Completion of Leavesley Road Widening, Project Widening No. 96-CDD-447, Granite Construction Company. Councilwoman Rowlison stated that regarding Item A. that she wanted the citizens to know about the change to a misdemeanor, and that it will only be enforced by complaint. City Administrator Baksa explained on Item C. that staff is creating all the accounts in the general ledger to set up the grant. Councilwoman Rowlison noted two changes to page two on Item F. Motion was made by Councilmember Arellano, seconded by Councilwoman Rowlison and carried to approve Consent Calendar Items A., C., and F. as follows: Ord. 98-1 Adopted an Ordinance of the City Council of the City of Gilroy Amending the Animal Control Ordinance. ORDINANCE NO. 98-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE ANIMAL CONTROL ORDINANCE. PASSED AND ADOPTED this 5th day of January, 1998, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Budget Budget Amendments/Transfers as recommended; and 1 '\ ') 7 l).. Minutes P&R Com Report Pub. Hearing M 97-12/ AHE 97-03 Minutes of the Regular Council Meeting of December 15, 1997. Sherri Stuart, Parks and Recreation Commission Chairperson, reviewed what the Commission has accomplished, and noted that they have a retreat scheduled to formulate plans for 1998. In answer to questions, she reviewed plans for the skateboard park. She noted they do have a vacancy on the Commission, and interested citizens can apply by January 30, 1998. The Mayor stated it was the time and place scheduled for a continued Public Hearing on an Affordable Housing Exemption from RDO application pursuant to Zoning Ordinance Section 50.62(b )(3), for the purpose of constructing 21 low- income housing units intended to serve the developmentally disabled, on property located on the west side of Kern A venue, north of Mantelli Drive, presently zoned R I (Single Family Residential), and proposed for rezoning to R3-PUD (Medium Density Residential-Planned Unit Development). Beverly Working/ Gloria BentincklSouth County Housing Corp., applicants, M 97-12/ AHE 97-03. The staff reports for the three related applications were noted and further explained by Planner II Durkin, noting a condition should be added regarding the need for extensive landscaping and berming on the property. The Mayor opened the Public Hearing. Holly Wunder, South County Housing, thanked staff for the staff report, and answered questions, specifically regarding fire sprinklering, which is not required. She stated that she would like the Council to defer the question as they are looking at sliding glass doors in the bedrooms, fire sprinklers, or redesigning the project. Brid Sarazin, Manager, Supported Living Programs, HOPE Rehabilitation Services, explained the property management by Via Esperanza Board of Directors. Carolyn Punchess, Executive Director, Hope Rehabilitation Services Foundation, further explained the acceptance procedure of clients to be accepted into this program. Ms. Wunder answered a question as to why this site was chosen, and noted that they have been working on this project for three years, and was originally planned on Murray A venue. She explained how the financing can be structured for this site. Katherine Tsujimoto, Ramona Way, noted the projects in the same area of the request, and questioned why South County Housing couldn't find another piece of land for this project. Tom Joyce stated that low income housing does not mean that crime is being brought to the area, but rather housing for citizens with lower income. Mike Benson, Greystone Court, stated the real problem is the congestion in the area. The Mayor closed the Public Hearing. Councilmember Arellano stated that she would like two conditions added that the apartments be in the names of the clients individually, and the front yards be heavily landscaped. Motion was made by Councilman Springer, seconded by Councilmember Arellano and carried to adopt the Negative Declaration. 7' 1 '~> 7' . U.J Motion was made by Councilman Springer, seconded by Councilman Morales and carried to direct staff to prepare a resolution approving the request with an additional condition, 2. That all residents of the project units, except for living assistants employed by the residents, shall be listed on the lease. Pub. Hearing Z 97-05 The Mayor stated it was the time and place scheduled for a continued Public Hearing on a Zone Change request to rezone approximately 1.3 acres of a larger site from its current Rl (Single Family Residential) zoning designation, to R3- PUD (Medium Density Residential-Planned Unit Development), for the purpose of constructing 21 low-income apartment units intended to serve the developmentally disabled, on property located on the west side of Kern A venue, north of Mantelli Drive. Beverly Working/Gloria BentincklSouth County Housing Corporation, applicants, Z 97-05. The Mayor opened the Public Hearing. There were no comments from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Springer, seconded by Councilmember Arellano and carried to direct staff to prepare an ordinance rezoning the property. A/S 97-55 The Mayor noted an Architectural and Site (PUD) Design Review approval to allow the construction of 21 low income apartment units intended to serve the developmentally disabled, on property located on Kern A venue, north of Mantelli Drive, currently zoned Rl (Single Family Residential), proposed to be rezoned R3-PUD (Medium Density Residential-Planned Unit Development). Beverly Working/Gloria BentincklSouth County Housing Corp., applicants, A/S 97-55. Jim Gerlach, president of the Board of Directors for Via Esperanza, stated that he appreciates the actions the Council is taking. Motion was made by Councilman Springer, seconded by Councilman Sudol and carried to direct staff to prepare a resolution approving the request, adding condition 17. The design of the individual apartments shall meet the approval of the City Fire Marshal with respect to fire safety with consideration to the nature of the intended residents. and condition 18. The front of the project shall be heavily landscaped and trellised, and the landscaping plans shall be reviewed by the Planniflg Division. The Mayor called for a briefrecess, after which he recalled the meeting to order. Forest Park Inn The Mayor noted a consideration of Economic Incentive for Forest Park Inn. Councilmember Arellano recused herself from participating in this item, and stepped down from the dais. The staff report was noted and further explained by Community Development Director Allen. Motion was made by Councilman Morales, seconded by Councilman Sudol and carried to approve the terms and direct staff to prepare an agreement for an Economic Incentive for Forest Park Inn. Councilmember Arellano took her place at the dais. Mesa/Dawn The Mayor noted a Planning Commission request to study a possible all-way Stop Control stop control at the Mesa Road and Dawn Way intersection. The staff report was noted and further explained by Traffic Engineer Abrams. 7104 Res. 98-3 Princevalle/ Ninth Sts. Stop Control Motion was made by Councilman Sudol, seconded by Councilmember Arellano and carrie,d that the reading of Resolution No. 98-3 be waived and that it be adopted approving a resolution to authorize installation of an all-way stop control at the Mesa Road/Dawn Way intersection. RESOLUTION NO. 98-3 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF MESA ROAD AND DAWN WAY IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE. PASSED AND ADOPTED this 5th day of January, 1998, by the following vote: I AYES: NOES: ABSENT: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: None COUNCILMEMBERS: None The Mayor noted a request to study a possible crosswalk and all-way stop control at the Princevalle Street and Ninth Street intersection. The staff report was noted and further explained by Traffic Engineer Abrams. Elizabeth Villarreal stated her concerns that the children are in danger. Motion was made by Councilman Sudol, seconded by Councilman Morales and carried to approve installation of a school crosswalk on Dartmouth Place at its intersection with Princevalle Street and also to direct staff to study this intersection and come back with an update in one year. Ninth/Hanna The Mayor noted a request to study a possible all-way stop control at the Stop Control Ninth Street and Hanna Street intersection. Res. 98-4 The staff report was noted and further explained by Traffic Engineer Abrams. Motion was made by Councilman Springer, seconded by Councilwoman Rowlison and carried that the reading of Resolution No. 98-4 be waived and that it be adopted authorizing installation of an all-way stop control at the Hanna Street/Ninth Street intersection. RESOLUTION NO. 98-4 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY EST ABLlSHING AN ALL-WAY STOP AT THE INTERSECTION OF HANNA STREET AND NINTH STREET IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE. PASSED AND ADOPTED this 5th day of January, 1998, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: None COUNCILMEMBERS: None Traffic Engineer Abrams reviewed the traffic study at Tenth Street and Orchard Drive, stating that she hoped to come back on January 20, 1998 with a full report, including a review of Uvas Drive and a procedure for reviewing traffic issues. She reviewed the red curb at Mantelli Drive and Wren A venue. 71 (\ .... U ::J Red Curb Mantelli Dr. & Wren Ave. Consensus of the Counci I was that the red curb be taken off at the corner of Mantelli Drive and Wren Avenue at this time and be repainted in the future. 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. Greg Toscano The Mayor noted a letter from Greg Toscano requesting discussion of the Community Services Department Youth Basketball Program, and specifically selection procedure for coaches. The Mayor noted that Mr. Toscano requested this be continued to the January 20, 1998 meeting. Motion was made by Councilmember Arellano, seconded by Councilman Morales and carried to continued this item to the January 20, 1998 meeting. The following informational items were noted with no separate discussion on same, other than Councilman Springer asking about the replacement of Tony Sudol on the GPUC. It was noted that the GPUC would like to make a recommendation to the Council for a replacement. Correspondence re: General Plan Update: General Plan Update Committee 1998 Meetings; and GPUC Action Report of November 19, 1997. Customer Service: Letter from Paul L. Latzke in Appreciation for Assistance Solving Problems with Garbage in an Alley; Letter from Mike Malloian in Appreciation for Assisting with the Recovery of Stolen Vehicles; Letters to Various Citizens in Appreciation for their Support of the City of Gilroy Proposed Golf Course Project at the LAFCO Hearing; Note from Kerry Dexter, Gilroy Visitor's Bureau, Regarding LAFCO Denial of the Proposed Golf Course Project; and Note from Councilmember Gifford in Appreciation for the Tour of City Facilities. Informational items: Restorative Justice Project Implementation Working Group Minutes of November 19, 1997; Letter from Dan DeLaney, Falcon, Announcing the Appointment of Ms. Karen Fleetwood as Regional Manager in Gilroy; G. T. E. System Upgrading - Street Trenching; League of California Cities Legislative Bulletin #35-1997 dated December 16, 1997; City of Gilroy Investment Report - November, 1997; Memorandum from the Santa Clara Valley Transportation Authority Announcing Vacancies on Advisory Committees; "1..,/ 1 (' /. I 1 .) r~) Letter of Thanks from Sohail Khandwala for Appointment to the Parks and Recreation Commission; Letter of Commendation from Ruby Sue for Police Officer in the Performance of his Duties; Letter of Appreciation from Sally Salas for Police Department Staff for Child Safety Day at the Gilroy Park Apartments; and Letter of Appreciation from Rod L. Pavao for Gilroy Fire Department Staff Assisting Students in the Fire Technology Program at Mission College. P & R Com. 11-18-97 The minutes of the Parks & Recreation Commission meeting of November 18, 1997 were noted. A&CCom. 11-12-97 , The minutes of the Arts and Culture Commission meeting of November 12, 1997 were noted. Library Com. 11-12-97 The minutes of the Library Commission meeting of November 12, 1997 were noted. Sr. Adv. Bd. 11-17-97 The minutes of the Senior Advisory Board meeting of November 17, 1997 were noted. SCRW A 11-12-97 The minutes of the South County Regional Wastewater Authority meeting of November 12, 1997 were noted. City Administrator Baksa reviewed the Council Retreat scheduled for this weekend, noting that he needs topics from councilmembers so that he can categorize them. He stated that the retreat will start with a continental breakfast at 8:30 a.m. on both days. Consensus of the Council was that the Friday night dinner will be a social dinner, rather than a working dinner. The Mayor noted the 90 day City Council calendar, a list of upcoming meetings. He wished everyone a Happy New Year and stated that he looked forward to working with everyone this next year to bring some positive changes to Gilroy and that he appreciates the spirit of cooperation from everyone. California Arts The Mayor noted a request for endorsement and support for increasing the Council funding for the California Arts Council from $ .38 to $ 1.00 Per Resident. Councilman Springer stated he would like to see some of the money be used in the schools, possibly split between schools and the California Arts CounciL Motion was made by Councilmember Arellano, seconded by Councilman Morales and carried for Councilman Springer to write a letter supporting the resolution, and requesting a portion of the funds be used in the schools. Library JP A The Mayor noted a request that a letter be sent to the Santa Clara County Library Joint Powers Authority reinforcing that the newly elected Councilmembers agree with the previous Council's stance that the Council is opposed the access of pornography on the Internet by minors, and that all lawful means be employed to prevent access to pornography on the Internet by minors. Motion was made by Councilmember Arellano, seconded by Councilman Sudol and carried to send a letter reinforcing that the newly elected Councilmembers agree with the previous Council's stance that the Council is opposed the access of pornography on the Internet by minors, and that all lawful means be employed to prevent access to pornography on the Internet by minors. 7 1 n7 UI Councilmember Arellano requested the City Clerk call to confirm the time frame when agenda items must be given to the Library staff to be agendized for the Joint Powers Authority. Council Retreat The Mayor noted a request for a letter of invitation to the Council Retreat for January 9 and 10, 1998 be sent to the Gilroy Unified School District, the Chamber of Commerce, and Bill Lindsteadt. Council consensus was that no letters of invitation be sent, that it is a public meeting and anyone can attend if they wish. Info to Council The Mayor noted a handout on "How to get Information to City Council." Council made two minor changes to the handout regarding listing of the web site address, and normal recess of meetings. Councilman Morales wished everyone a Happy New Year and thanked everyone for responding to the needy. He noted problems with the handicap ramps at Third Street and Santa Theresa Drive. He also questioned whether the handicap ramps are being constructed or repaired. The Mayor congratulated him on being selected Person of the Month by the Senior Advisory Board. Councilmember Gifford questioned whether the Restorative Justice Project will be on the January 20, 1998 agenda for a presentation, and was told it is agendized. Councilmember Arellano wished everyone a Happy New Year and thanked everyone for the help with the Salvation Army. She noted a complaint regarding the new door at the Salvation Army Church and whether it should have gone through the Historical Heritage Committee. City Administrator Baksa stated that he will check on it. Councilman Springer requested an item be placed on Channel 34 to publicize that it is illegal to pass a stopped school bus as of January I, 1998. The Mayor noted the following meetings/events: South County Regional Wastewater Authority Meeting, January 6, 1998, 7:30 a.m., Wastewater Treatment Plant, 1500 Southside Drive, Gilroy, California. Council Retreat, January 9 & 10, 1998,8:00 a.m. to 5:00 p.m., Willey Cultural Center, 140 Fifth Street, and January 9,5:00 p.m. to 9:00 p.m. at Station 55, 55 Fifth Street, Gilroy, California. Neighborhood Revitalization Strategy Study Session, January 12, 1998, 7 :00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, California. Reception - Leadership Gilroy, January 15, 1998, 6:00 p.m., Gilroy Chamber of Commerce, 7471 Monterey Street, Gilroy, California. Cultural Plan and Needs Analysis Study Session, January 27, 1998, 7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, California. Police Department Overview Study Session, January 29, 1998, 7:00 p.m., Gilroy Council Chambers, 7351 Rosanna Street, Gilroy, California. Adjrnmt. At 10:48 p.m. the Mayor adjourned the meeting to a Closed Session Pursuant to Government Code Section 54956.8: l i 71Q8 Closed Session CONFERENCE WITH REAL PROPERTY NEGOTIATOR. Property: Generally north and east of Burchell Road, to incorporate the proposed area into City boundaries to construct an 18 hole golf course, APN 783- 06-004,005,006,007,008,009,010, and a portion of783-13-003 Negotiating Parties: Day Ranch Partnership Matter under Negotiation: Terms of acquisition. The Mayor reconvened the meeting and further adjourned the meeting at 10:55 p.m. Respectfully submitted, ~~ffL': /s/ RHONDA PELLIN City Clerk