Minutes 1998/01/05
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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. ;
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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
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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.
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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.
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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.
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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;
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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.
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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:
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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,
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/s/ RHONDA PELLIN
City Clerk