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Minutes 1998/02/17 7 , .-, .,~" / / I.. (- Invocation Posting Agenda Roll Call New Emp. Joe Lee Rayborne Leadership Gilroy Emp. Award Proc.- Donna Pray Proc.- Dale Connell Regular Meeting February 17, 1998 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Eric Smith, South Valley Community Church, gave the Invocation. The City Clerk noted that the Agenda had been posted on February 12, 1998 at 9:00 a.m. Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles S. Morales, Suellen C. Rowlison, Thomas W. Springer, Anthony C. SudollII, and K. A. Mike Gilroy - 7:02 p.m. The Mayor introduced new employee Kelly Stice, Clerk Typist I, Police Department. The Mayor presented a Certificate of Service to retired Parks and Recreation Commissioner Joe Lee Rayborne. The Mayor presented the Charter Class of Leadership Gilroy. Ric Heinzen and Guadalupe Arellano were present for introduction. The Mayor presented the Employee Award for the Month of January, 1998, to Rhonda Pellin, City Clerk. The Mayor noted a proclamation for Donna Pray, 1997 Woman of the Year, which was presented to her on February 6, 1998. The Mayor noted a proclamation for Dale Connell, 1997 Man of the Year, which was presented to him on February 6, 1998. Proc.- Barbara The Mayor noted a proclamation for Barbara Boggs, 1997 Volunteer of the Boggs Year, which was presented to her on February 6, 1998. Proc.- Carol Marques Proc.- Gene Sakahara Proc.- Small Business Proc.- Large Business The Mayor noted a proclamation for Carol Marques, 1997 EDC Educator of the Year, which was presented to her on February 6, 1998. The Mayor noted a proclamation for Gene Sakahara, 1997 EDC Educator of the Year, which was presented to him on February 6, 1998. The Mayor noted a proclamation for Dick Bruhn 'n' M'Lady Bruhn, 1997 Small Business of the Year, which was presented on February 6, 1998. The Mayor noted a proclamation for California Motorcycle Company, 1997 Large Business of the Year, which was presented on February 6, 1998. Proc.-SCVWD The Mayor noted a proclamation for the Board of Directors and Employees of 30 Years the Santa Clara Valley Water District on 30 Years of Public Service, which was mailed to the SCVWD. Consent Calendar Budget Motion was made by Councilman Morales, seconded by Councilwoman Rowlison and carried that the following items under the Consent Calendar be approved removing item E. re: Ordinance amending Section 2.13(a) of the Gilroy City Code regarding regular meetings of the City Council, 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; 71 '"7 ' , <.) ... Ord. 98-2 Adopted Ordinance No. 98-2 amending Section 18.30 (Commercial Use Table) of the Gilroy Zoning Ordinance, Z 97-07; ORDINANCE NO. 98-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 18.30 (COMMERCIAL USE TABLE) OF THE GILROY ZONING ORDINANCE, Z 97-07 PASSED AND ADOPTED this 17th day of February, 1998, by the following vote; AYES: NOES: ABSENT: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: None COUNCILMEMBERS: None Ord.98-3 Adopted Ordinance No. 98-3 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; ORDINANCE NO. 98-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE ZONING DESIGNATION FROM RI (SINGLE FAMILY RESIDENTIAL) TO R3-PUD (MULTIPLE F AMIL Y RESIDENTIAL PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 1.313 ACRES, A PORTION OF APN 790-04-038, Z 97-05 PASSED AND ADOPTED this 17th day of February, 1998, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Ord. 98-4 Adopted Ordinance No. 98-4 pre-zoning certain property M I (Limited Industrial) described as APNs 835-04-047, 048, 049, 050, application Z 97-06; ORDINANCE NO. 98-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY PRE- ZONING CERTAIN PROPERTY M I (LIMITED INDUSTRIAL) DESCRIBED AS APNS 835-04-047, 048, 049, 050, APPLICATION Z 97-06 PASSED AND ADOPTED this 17th day of February, 1998, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Minutes Minutes of the Regular Council Meeting of February 2,1998; Impr. - Improvements for Tract 8859, Alderwood Subdivision, South County Tract 8859 Housing, and ADA Impr. ADA Improvements, Project No. 96-CDD-470, G. G. Group. Motion was made by Councilman Sudol, seconded by Councilwoman Rowlison and carried to approve Consent Calendar Item E as follows: 71 r\ !\ I....-l Ord. 98-5 Bid-Waterlines &Utility Impr. Bid-Gen.Plan Consultant Pub.Hearing GPA 97-02 Adopted Ordinance No. 98-5 amending Section 2.13(a) of the Gilroy City Code regarding regular meetings of the City Council; ORDINANCE NO. 98-5 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 2.13(a) OF THE GILROY CITY CODE REGARDING REGULAR MEETINGS OF THE CITY COUNCIL PASSED AND ADOPTED this 17th day of February, 1998, by the following vote; AYES: NOES: ABSENT: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SUDOL, and GILROY COUNCILMEMBERS: SPRINGER COUNCILMEMBERS: None City Administrator Baksa presented recommendations to award the bid of Pacific Underground Construction, Inc. in the amount of $1,832,547 for the Hanna Street & Second Street Waterlines and Santa Teresa Blvd. Utility Improvements - Project No. 97-CDD-487. Motion was made by Councilwoman Rowlison, seconded by Councilman Morales and carried that the bid by Pacific Underground Construction, Inc. in the amount of $1 ,832,547 be awarded for the Hanna Street & Second Street Waterlines and Santa Teresa Blvd. Utility Improvements - Project No. 97-CDD- 487. City Administrator Baksa presented recommendations to award the bid of Denise Duffy & Associates in the amount of $250,000 for a General Plan Update consultant. Planning Services Manager Faus stated that all the applicants were qualified. Motion was made by Councilmember Arellano, seconded by Councilman Morales and carried that the bid by Denise Duffy & Associates in the amount of $250,000 be awarded for a General Plan Update consultant. The Mayor stated it was the time and place scheduled for a Public Hearing on a request for a General Plan Map Amendment on 64.54 ::l: acres currently designated Open Space, to the designation of General Industrial and Publ ic Facility, for property located at the southerly terminus of Rossi Lane, on the south side of Southside Drive, between the Southern Pacific railway right-of-way and the wastewater treatment plant to the east. Shriner's Hospital for Crippled Children, applicant, GPA 97-02. The staff report was noted and further explained by Planning Services Manager Faus for this application and also application Z 97-04. The Mayor opened the Public Hearing. Tom Guthrie, property analyst for Shriner's Hospital for Crippled Children, explained the work of his organization. Bill Henry, Garcia and Henry Engineers, reviewed the project and answered questions of councilmembers including that East Side Boulevard is part of the Circulation Plan and that is why it is shown as part of this plan. Bill Reimal, 7551 Kentwood Court, representing the applicant, reviewed research done on this project. Carolyn Tognetti, 820 Carignane Drive, noted these lands are the most fertile in the area. The Mayor closed the Public Hearing. Pub.Hearing Z 97-04 Pub. Hearing M 97-09/ AHE 97-02 7 1 ~'t t:'"'~ ,::.J Motion was made by Councilmember Arellano, seconded by Councilman Springer and carried to accept the Addendum to the Final EIR, finding that; (a) it is completed in compliance with CEQA; (b) it reflects the independent judgment of the City; and (c) there are no additional significant effects due to the change in the Project. Motion was made by Councilman Springer, seconded by Councilmember Arellano and carried to direct staff to prepare a resolution making certain findings 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 Shriner's Hospital for Crippled Children General Plan Amendment. Motion was made by Councilman Springer, seconded by Councilmember Arellano and carried to direct staff to prepare a resolution approving GPA 97-02. The Mayor stated it was the time and place scheduled for a Public Hearing on a request for a Zone Change to amend the City of Gilroy Zoning Map on 64.54:l: acres currently designated as Open Space, to the zoning designation of General Industrial on 28.04 acres and Public Facility on 36.5 acres, for property located at the southerly terminus of Rossi Lane, on the south side of Southside Drive, between the Southern Pacific railway right-of-way and the wastewater treatment plant to the east. Shriner's Hospital for Crippled Children, applicant, Z 97-04. The Mayor opened the Public Hearing. Tom Guthrie, property analyst for Shriner's Hospital for Crippled Children, stated that his previous comments apply to this application also. The Mayor closed the Public Hearing. Motion was made by Councilmember Arellano, seconded by Councilman Morales and carried to direct staff to prepare an ordinance approving Z 97-04. The Mayor stated it was the time and place scheduled for a Public Hearing on a request for an Affordable Housing Exemption pursuant to Zoning Ordinance Section 50.62(b)(3), to exempt 58 affordable senior citizen apartment units, located at 9345 Monterey Road, north of Farrell A venue, to be known as Serra Square, with an ultimate buildout of98 units when completed. Central Valley Corporation, applicant, M 97-09/AHE 97-02. The staff report was noted and further explained by Planner III Durkin. The Mayor opened the Public Hearing. Geary Coats, on behalf of the applicant, reviewed issues relating to this project, including parking. He noted a senior center and Alzheimer's facility planned for the site. (At 9:05 p.m., Councilman Morales left the Council Chambers, and returned at 9:08 p.m.) (At 9:08 p.m., Councilman Sudol left the Council Chambers, and returned at 9: II p.m.) Annie HoIcolm stated her concerns with traffic in the area. Nancy Johnson, 9315 Church Street, stated her concerns and that she concurs with the Planning Commission recommendation of denial of this project. Katherine Tsujimoto, Ramona Way, stated that senior housing is important, but that we need to provide it on an exempt free basis. She stated that this project is not in the correct area, and has concerns that some of the units will be sold. 7 1 "', /" (:':. n Pub. Hearing TM 97-04 Mike Farsted, a banker, spoke on financing projects of this type. Glen Burkhardt, new resident in Gilroy, stated that this is not an appropriate site for this project, and asked that the Council deny this application. Clyde Turner stated that this project should be approved. Gloria Ballard stated that this project will not saturate the area with this project, and that it will fit within the area. She requested the Council approve this project. Richard Mackie, Miller A venue, stated that past senior projects have integrated well with the neighborhoods. He stated that there is no bad place for a senior project in Gilroy. The Mayor closed the Public Hearing. The Mayor called for a recess, after which he reconvened the meeting. Motion was made by Councilwoman Rowlison, seconded by Councilman Morales and did not carry (Councilmembers Arellano, Springer, Sudol and Gilroy voting no) to direct staff to prepare a resolution approving M 97-09/ AHE 97-02. Motion was made by Councilman Springer, seconded by Councilman Sudol and carried (Councilmembers Gifford, Morales and Rowlison voting no) to direct staff to prepare a resolution denying M 97-09/ AHE 97-02. The Mayor stated it was the time and place scheduled for a Public Hearing on a request for a Tentative Map to subdivide approximately 3 acres into a 12 lot single family residential subdivision, together with one remainder lot, on property fronting the east side of Kern A venue between Ramona Way and Greystone Court, zoned RI (Single Family Residential). Gary Walton, applicant, TM 97-04. The staff report was noted and further explained by Planner I Stice. The Mayor opened the Public Hearing. Arnold Brunetti, Hanna & Brunetti Engineers, noted that existing curb and gutters will be replaced by the applicant. He discussed the storm drain for this area and also the sidewalk/park strip area for the project. He reviewed what problems would occur should the monolithic sidewalk be changed to match the existing sidewalk. Jim Garcia, 803 Lawrence Drive, stated his concerns with the park strip and asked that two story homes not be built. He requested the drainage be repaired. Gloria Pariseau stated that she supports the staff recommendation for approval of the project and is present to answer any questions. The Mayor closed the Public Hearing. City Attorney Callon stated that condition # 15 should be reworded. Motion was made by Councilmember Arellano, seconded by Councilwoman Rowlison and carried to approve the mitigated Negative Declaration, finding that; (a) it is completed in compliance with CEQA; (b) it reflects the independent judgment of the City; and (c) there is no substantial evidence that the project will have a significant effect on the environment. Motion was made by Councilman Morales, seconded by Councilmember Arellano and carried to direct staff to prepare a resolution approving TM 97-04, with condition # 15 to be reworded. A/S 98-0 I The Mayor noted a request for a Planned Unit Development Architectural and Site Review approval to remodel an existing "big box" retail building, and enclose a loading area, on property located at 8777 San Ysidro Avenue (former Max Club building), zoned C3/M I-PUD (Shopping Center Commercial/Limited Industrial- Planned Unit Development). The Alamo Group, applicant, A/S 98-01. 7 1 )7 (,... J The staffreport was noted and further explained by Planner III Durkin. Michael La Tourette, representing the Alamo Group, thanked staff for all their help with this project. He addressed concerns voiced by several members of the Council regarding landscaping and security lighting to overcome graffiti problems. Motion was made by Councilmember Arellano, seconded by Councilman Springer and carried to direct staff to prepare a resolution approving A/S 98-01 to include that the Alamo Group shall work with staff in regards to the landscaping, lighting, and other anti-graffiti measures. P & R Com. The Mayor requested nominations for appointment of members to the Parks Appointments and Recreation Commission for unexpired vacancies. Motion was made by Councilwoman Rowlison, seconded by Councilman Morales and did not carry (Councilmembers Arellano, Gilroy, Springer, and Sudol voting no) to appoint Gloria Mendivil for the long term and Phil Buchanan for the short term vacancies on the Parks and Recreation Commission. Motion was made by Councilman Springer, seconded by Councilwoman Rowlison and carried to appoint Gloria Mendivil to the long term vacancy on the Parks and Recreation Commission. Motion was made by Councilmember Gifford, seconded by Councilman Springer and carried (Councilmembers Arellano, Morales, and Rowlison voting no) to appoint Warren Barham to the short term vacancy on the Parks and Recreation Commission. (At 11 :20 p.m., Councilmember Gifford left the Council Chambers, and returned at II :22 p.m.) Sale of Firearms The Mayor noted a request for Council direction on the sale of firearms as an allowed Home Occupation. The staff report was noted and further explained by Planning Services Manager Faus. Motion was made by Councilman Sudol, seconded by Councilman Springer and carried to accept Option 4 to direct staff to take no action. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Paul Kloecker, Delta Court, stated that on February 20, 1998 Gavilan College music department is having a benefit concert and presented complimentary tickets to each of the Councilmembers. He also invited community members to attend. He noted that there will be a reception following the concert. GPUD Alt. The Mayor noted a recommendation from the General Plan Update Committee to move two alternates to become citizens at large committee members. Motion was made by Councilwoman Rowlison, seconded by Councilmember Arellano and carried to approve Denise Apuzzo as citizen at large committee member of the General Plan Update Committee. Motion was made by Councilwoman Rowlison, seconded by Councilman Sudol and carried to approve John Newton as citizen at large committee member ofthe General Plan Update Committee. 7' 1 r) g \ 1.- The following informational items were noted with no separate discussion on same: Legislation: Letters in support of AB 481 and SB 718, which would enact the Comprehensive Childhood Lead Poison Prevention Act of 1997; Letters in support of AB 726, regarding regulation of adult or sexually- oriented entertainment establishments; and Letters in opposition to AB 270, which would require cities to share in the cost of Local Agency Formation Commissions. Customer Service: Photo from the Gilroy Dispatch of the site of the new sports complex on Thomas Road next to Uvas Creek; Letter of thanks from Gilroy Unified School District Superintendent David Alvarez for the City Administrator's participation in the Business and Education Partnership Opportunities luncheon; Letter of appreciation from Nancy Fohner, Science Alive!, for the Community Services Department scheduling basketball so that many of the students are able to attend Science Alive!; and Letter of thanks for Gilroy Police Department staff participation on the Police Department Master Plan Task Force. Informational items: Minutes of the Visitors Bureau meeting of December 11,1997; League of California Cities Legislative Bulletin #4-1998 dated January 30, 1998; League of California Cities Legislative Bulletin #5-1998 dated February 6, 1998; Letter from Falcon Cable Systems Company explaining the Signal Leakage Detection Program; Letter from Carmen W. Rowe regarding Falcon Cable's in-house inspections; Letter from Jan Klein regarding legal problems with apartment manager and the assistance of Project Sentinel; Community Development Department - Planning Division Monthly Report of Long-Range Applications and Status of RDO Allocation & Activity; South County Regional Wastewater Authority Ongoing Engineering Activities, February 10, 1998 SCRW A Board Meeting; Letter of thanks to Marilyn Manning for facilitating the City Council Retreat; Gilroy Visitors Bureau 1998 Calendar of Events; Letter from Candace Fazzio regarding funding the purchase of the Strand Theater; Minutes of the Visitors Bureau meeting of January 8, 1998; and Gilroy Demographic information to be included in the Cultural Facilities Study. '" Plan.Com. 1-8-98 The minutes of the Planning Commission meeting of January 8,1998 were 71l~~~) noted. Plan.Com. 2-5-98 The report of the Planning Commission meeting of February 5, 1998 was noted. City Administrator Baksa distributed a handout on the top 10 Council priorities and their votes. He noted that this is the last week of training for supervisors. He stated that he has only received two surveys back from Councilmembers on the Police Chief recruitment, and would like the surveys back within the next few days. He stated that the City Clerk's six month probation evaluation is due and requested whether Council would like to do the review or whether he should complete it. Council agreed that the City Administrator should complete it, but that Council will give their input to the City Administrator. The Mayor noted the 90 day City Council calendar, a list of upcoming meetings. He questioned whether we will be discharging tertiary water to the creek, and was told that this will start within the next several days and may last for several months. He noted that this Friday is the Council and Police Department retreat at the Senior Center, with a continental breakfast at 7:00 a.m. Water Quality Councilwoman Rowlison noted the Santa Clara Valley Water District South Zone Advisory Committee report~update regarding water quality Issues. She reviewed the 1996 City of Gilroy water quality report, noting that we are well under any danger levels. She noted that she called Supervisor Beall's office regarding funding ofVTA projects. She announced that on Friday night there will be a benefit performance for the Strand Theater. She distributed pictures she took of the Northridge LAPD video zone. Councilman Sudol questioned whether the Council had prepared any goals or groundrules for the General Plan Update, noting that we need to say what our expectations are as a Council. City Administrator Baksa stated that there were parameters and that he will give copies to Council and the consultant. Councilmember Gifford stated that citizens are upset with Falcon Cable TV and their search for "black boxes." Councilman Springer noted that our water supply is very good and we need some PR on this. He commented on MTBE, and that it is a potential problem for us, that we need to get this additive out of the water. He stated that he will start drafting a letter on this issue. The Mayor noted the following meetings/events: City Council/Police Department Retreat, February 20, 1998, 7:30 a.m. to 3:30 p.m., Senior Center Meeting Room, 7371 Hanna Street, Gilroy, California. Closed Session - Police Department, March 2, 1998,5:30 p.m., Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy, California. City Council/Gilroy Unified School District Board of Education Workshop, March II, 1998, 7:00 p.m., Gilroy Unified School District Board Room, 7810 Arroyo Circle, Gilroy, California. Adjrnmt. At 12:02 a.m. the Mayor adjourned the meeting. Respectfully submitted, ~ ;{]-fbv' /s/ RHONDA PELLIN City Clerk