Minutes 1998/01/20
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Emp. Award The Mayor presented the Employee Award for the Month of December, 1997,
to Melissa Durkin, Planner II, Community Development Department, Planning
Division.
Proc.-Vietnamese The Mayor noted a proclamation for Vietnamese Community Week, January
Community 25-February I, 1998, which was mailed to the Indochinese Resettlement and
Week Cultural Center, Inc.
The Mayor noted a presentation by Mary Pat Panighetti regarding the
Restorative Justice Project.
Restorative
Justice Proj.
The Mayor presented Certificates of Service to Retired Commissioners and
Citizen Advisory Committee Members Martha Martinez, Parks and Recreation
Commission; Sunny Khandwala, Library Commission; James Trelut, Personnel
Commission; Carmen Filice, Citizen Advisory Committee; and Todd Perkins,
Parks and Recreation Commission present to receive their certificates, and also
Ben Pappani, Citizen Advisory Committee; Catherine Johnson, Arts and Culture
Commission; Patricia Golden, Parks and Recreation Commission; and Dyan
Tinsley, Planning Commission not present to receive their certificates.
Ret. Com.
The Mayor introduced new employee William S. Barron, Construction
Rehabilitation Specialist, Community Development Department, Building, Life,
and Environmental Safety Division.
New Emp.
Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles
S. Morales, Suellen C. Rowlison, Thomas W. Springer, Anthony C. SudollII, and
K. A. Mike Gilroy - 7:00 p.m.
Roll Call
The City Clerk noted that the Agenda had been posted on January 15,
1998 at 1 :50 p.m.
Posting
Agenda
Pastor Robert Langley, First Baptist Church, gave the Invocation.
Invocation
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
January 20, 1998
Gilroy, California
7108
Consent
Calendar
Budget
Minutes
Prop.Impr.
Tract 8945
Res. 98-5
Res. 98-6
Res. 98-7
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Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried that the following items under the Consent Calendar be
approved removing Item B. re: Recommendation to Declare Equipment
Surplus, and Item H. re: Resolution Approving A/S 97-55, 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:
Budget Amendments/Transfers as recommended;
Minutes of the Regular Council Meeting of January 5, 1998;
Tract Map No. 8945, Kaufman and Broad - Monterey Bay, Inc.;
Adopted Resolution No. 98-5 of the Council of the City of Gilroy Authorizing
the City Administrator to execute Program Supplement Agreements No. 006, 007
& 008 to Administering Agency-State Agreement No. 04-5034;
RESOLUTION NO. 98-5
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE PROGRAM
SUPPLEMENT AGREEMENTS NO. 006,007 & 008 TO ADMINISTERING
AGENCY-STATE AGREEMENT NO. 04-5034.
PASSED AND ADOPTED this 20th day of January, 1998, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Adopted Resolution No. 98-6 of the Council of the City of Gilroy setting
priorities for projects eligible for funding from the Transportation Development
Act (TDA) Article 3 Programs Funds administered by the Santa Clara Valley
Transportation Authority (VT A) and the Metropolitan Transportation
Commission (MTC);
RESOLUTION NO. 98-6
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SETTING
PRIORITIES FOR PROJECTS ELIGIBLE FOR FUNDING FROM THE
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 PROGRAMS
FUNDS ADMINISTERED BY THE SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY (VT A) AND THE METROPOLITAN
TRANSPORTATION COMMISSION (MTC).
PASSED AND ADOPTED this 20th day of January, 1998, by the following
vote:
AYES:
COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Adopted Resolution No. 98-7 of the City Council of the City of Gilroy
approving M 97-12, an application for an Affordable Housing Exemption from
the Residential Development Ordinance on a portion of APN 790-04-038.
Beverly Working, Gloria Bentinck, and South County Housing Corporation,
applicants;
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RESOLUTION NO. 98-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING M 97-12, AN APPLICATION FOR AN AFFORDABLE
HOUSING EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT
ORDINANCE ON A PORTION OF APN 790-04-038.
PASSED AND ADOPTED this 20th day of January, 1998, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Econ.Incentive - Economic Incentive Agreement for the Forest Park Inn expansion.
Forest Park Inn
Councilman Springer asked that the Gang Task Force be approved to also
receive surplus equipment, on condition that it is allowed by law.
Councilman Sudol expressed his concern that the soundwall should be
removed on A/S 97-55, and was told that a condition was added for berming,
landscaping, and trellis work to be added to the project.
Motion was made by Councilman Springer, seconded by Councilmember
Arellano and carried to approve Consent Calendar Items B. and H. as follows:
Surplus Equip. Declared Equipment as Surplus, to include the Gang Task Force as eligible to
receive surplus equipment, on the condition that it is allowed by law;
Res. 98-8
Adopted Resolution No. 98-8 of the City Council of the City of Gilroy
approving A/S 97-55, an application for Architectural and Site Approval of a
Planned Unit Development involving approximately 1.313 acres, a portion of
APN 790-04-038. Beverly Working, Gloria Bentinck, and South County
Housing Corporation, applicants;
RESOLUTION NO. 98-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 97-55, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT INVOLVING
APPROXIMATELY 1.313 ACRES, A PORTION OF APN 790-04-038.
PASSED AND ADOPTED this 20th day of January, 1998, by the following
vote:
AYES:
COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Pub. Hearing
Z 97-06
The Mayor stated it was the time and place scheduled for a Public Hearing
on a request to prezone approximately 9.64 acres ofland located along the east
side of San Y sidro A venue, north of Leavesley Road, from its current County
Agriculture designation to M I (Limited Industrial). Joao Tang, applicant,
Z 97-06.
The staff report was noted and further explained by Planner II Durkin.
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 Councilwoman
Rowlison and carried to direct staff to prepare an ordinance approving the request.
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Pub. Hearing
Z 97-07
The Mayor stated it was the time and place scheduled for a Public Hearing
on a request for a Zoning Ordinance Text Amendment to modify the text of the
Zoning Ordinance, Section 18.30, Commercial Use Table, to require a
Conditional Use Permit to allow Multiple Residential Units in either the C I
(Neighborhood Commercial) or C2 (Central District Commercial) zoning
districts. City of Gilroy, applicant, Z 97-07.
The staff report was noted and further explained by Planner I Stice.
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 Councilman Morales
and carried to read the Ordinance by title only and waive further reading of the
Ordinance.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Springer and carried to introduce the Ordinance approving the Zoning Ordinance
text amendment.
The Mayor announced that the water is back on in the vicinity of First Street,
which had been off since this morning due to a contractor's construction error.
Z 97 -05
The Mayor noted an Ordinance of the City Council ofthe City of Gilroy
amending the Zoning designation from R I (Single Family Residential) to R3-
PUD (Multiple Family Residential Planned Unit Development) on approximately
1.313 acres, a portion of APN 790-04-038, Z 97-05. Beverly Working, Gloria
Bentinck, and South County Housing Corporation, applicants.
Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried to read the Ordinance by title only and waive further reading of the
Ordinance.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried to introduce the Ordinance approving the Zoning Ordinance
Text Amendment.
Youth Council The Mayor noted a request to direct the Parks and Recreation Commission
and Commission City staff to implement a Youth Council/Commission concept.
Councilwoman Rowlison requested that the report prepared by Councilmen
Morales and Springer a year ago be forwarded to the Parks & Recreation
Commission. She requested that staff also coordinate with other youth
organizations in this process.
Motion was made by Councilman Morales, seconded by Councilman Springer
and carried to direct the Parks and Recreation Commission and City staff to
implement a Youth Council/Commission concept.
The Mayor asked ifthere was anyone in the audience wishing to speak on any
item not on the agenda. There was no comment from anyone in the audience.
Todd Perkins The Mayor noted a request to add Todd Perkins' name to the list of alternates
serving on the City's General Plan Update Committee.
Motion was made by Councilmember Arellano, seconded by Councilman
Morales, and carried (Councilman Sudol abstaining) to add Todd Perkins to the
list of alternates for the General Plan Update Committee, and for staff to come
back with a procedure to follow in the future.
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Dom. Violence The Mayor noted a request by the South County Domestic Violence Task
Task Force Force for a representative from the Gilroy City Council be appointed to the task
force.
Council requested a letter be sent to the Sputh County Domestic Violence
T k F . d' . h C'l Rtf/f::vl2'J) h .
as orce m Icatmg t at ounCI woman Vi I30n IS t e representatIve of the
City Council and Councilmember Gifford is the alternate.
KOLGllson
Customer Service:
Letter of Thanks from Holly O'Mara to the Community Services Department
for planting trees at Kern Park; and
Letter of Thanks from President Bill Clinton for the gifts presented to him by
Mayor Gilroy on Veterans Day.
Informational items:
Memorandum from the Santa Clara Valley Transportation Authority regarding
citizen advisory committees vacancies;
Letter to Barbara Conant, Chairperson, Santa Clara County Library Joint
Powers Authority, reaffirming stance of the previous Council opposing access of
pornography on the Internet by minors;
The Transportation Agency for Monterey County (T AMC), Rail News,
January, 1998;
City of Gilroy Historical Water Production, Summary of Monthly/Dai Iy
Water Production, December, 1997;
Community Development Department, Planning Division, Monthly Report of
Long-Range applications and status of RDO allocation & activity, December 30,
1997;
Letter from Manly R. Willis regarding the cost differential between Falcon
Cable vs. a DSS System;
Article from the San Jose Mercury News dated January 12, 1998 highlighting
the retirement of Pat Escamilla, Gilroy Museum Director;
League of California Cities Legislative Bulletin # 1-1998 dated January 9,
1998;
U. S. Department of Housing and Urban Development material on President
Clinton's announcement of the "Officer Next Door" initiative;
Letter to Supervisor Blanca Alvarado, Chair, Joint Child Care Committee,
County of Santa Clara noting appointment of Annabel Yurutucu, Housing and
Community Development Coordinator, as the City of Gilroy's child care
coordinator and representative to participate on the City-County Child Care
Collaborative;
Letter from the Caring Institute requesting nominations to honor the ten most
caring adults and the five most caring young people in America;
Community Services Department Recreation Division 1998 Activities and
Events Calendar;
County of Santa Clara Probation Department Juvenile Justice Coordinating
Council of Santa Clara County Implementation Working Group Agenda of
January 21, 1998; and
City of Santa Clara Position on Location Alternatives for Caltrain
Maintenance Facility.
Plan.Com.
1-8-98
The report of the Planning Commission meeting of January 8, 1998 was
noted.
Salvation Army Acting City Administrator Dorn gave an update on the possible need for
Historic Heritage Committee review of the Salvation Army remodel on Fifth
Street. He noted that they are not required to go through the Historic Heritage
Committee, and explained that they will be painting the door.
Meeting
Deletion
Acting City Administrator Dorn noted the possible deletion of the third
regular City Council meeting of each month.
Motion was made by Councilwoman Rowlison, seconded by Councilmember
Gifford and carried (Councilman Springer voting no) to direct staffto prepare an
ordinance reducing the number of Council meetings per month to two starting in
May, 1998.
Police Chief
Recruitment
Acting City Administrator Dorn noted the Police Chief Recruitment and
recruitment schedule.
Council discussed the job description to be reviewed by the Personnel
Commission, requested the qualifications for the position, and noted that they
would like input in the selection of community members for the recruitment.
Council requested that this be reagendized to discuss the schedule.
Golf Course Acting City Administrator Dorn gave a update on the golf course project,
noting the City has applied to LAFCO for reconsideration at their February II,
1998 meeting.
The Mayor noted the 90 day City Council calendar, a list of upcoming
meetings. He commented that the Gilroy Chamber of Commerce is planning a
Memorial Day Celebration. He noted that it will start at the cemetery with a
service, then a parade to Christmas Hill Park, with a community celebration.
Motion was made by Councilmember Arellano, seconded by Councilman
Sudol and carried that the council be a partner with the Gilroy Chamber of
Commerce in the Memorial Day Celebration.
The Mayor noted that he attended a U. S. Conference of Mayors peer
conference in Long Beach regarding gangs.
AB 481/SB 718 The Mayor noted a letter from Assemblymember Mike Honda urging support
of AB 481, which would enact the Comprehensive Childhood Lead Poison
Prevention Act of 1997 and its companion bill in the Senate, SB 718.
Terry M. Feinberg, Executive Director, Tri-County Apartment Association,
addressed and updated the Council on this issue.
Council requested a copy of the bill be in the packet in the future when a
request such as this is agendized.
Council concurred that this item be deferred for one week to get more
information on these bills.
Councilwoman Rowlison noted that she attended a breakfast meeting of
Silicon Valley Joint Venture and discussed retention of businesses and
maintenance of the quality oflife. She commented that she will be attending a
seven week leadership workshop, Working Partnerships.
Councilman Morales noted Victory Outreach Ministry, and requested
community assistance with them.
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Adjrnmt.
Closed
Session
Councilmember Gifford stated that she attended a Gilroy Downtown
Development Corporation meeting and many positive things are happening
downtown. She stated that she will be attending a Domestic Violence Task Force
meeting tomorrow at 6:00 p.m. at St. Catherine's Parish in Morgan Hill honoring
victims of Domestic Violence. She commented for the audience that Falcon
Cable, the Dispatch, and the City of Gilroy have Senior rates.
Councilmember Arellano noted that a construction company broke a water
main this morning, and staff notified everyone very quickly. She commented on
the Neighborhood Revitalization study session and questioned what the next step
is? She stated that she and Councilman Sudol are involved with Leadership
Gilroy as Charter members.
The Mayor noted the following meetings/events:
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.
Closed Session - Police Department, February 2, 1998,5:30 p.m., Gilroy City
Council Chambers, 7351 Rosanna Street, Gilroy, California.
Capital Improvement Budget Study Session, February 3, 1998, 7:00 p.m.,
Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy, California.
Gang Task Force Overview Study Session, February 9, 1998, 7:00 p.m.,
Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy, California.
Police Department Master Plan Study Session, February 12, 1998, 7:00 p.m.,
Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy, California.
At 9: 14 p.m. the Mayor adjourned the meeting to a Closed Session pursuant to
Government Code Section 54956.9 (a):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (a)
Name of case: Perry James Woodward v. City of Gilroy et aI, Superior Court
case #CV770989.
Name of case: Mark Good v. Personnel Commission of the City of Gilroy et aI,
Superior Court case #CV770219.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of California
Government Code Section 54956.9: Two potential cases.
The Mayor reconvened the meeting and further adjourned the meeting at
10: 15 p.m.
Respectfully submitted,
~4VA'
/s/ RHONDA PELLIN
City Clerk