Minutes 1998/02/17
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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;
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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:
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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
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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.
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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.
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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.
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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.
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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,
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/s/ RHONDA PELLIN
City Clerk