Minutes 1998/04/20
Invocation
Posting
Agenda
Roll Call
New Emp.
Proc.-VoL
Week
Certi fi cates-
CDBG CAC
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7.,'1 r;..,
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Regular Meeting
April 20, 1998
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Associate Pastor Jim Johnson, South Valley Community Church, gave the
Invocation and invited everyone to the National Day of Prayer Breakfast on
May 7, 1998, 7:30 a.m. at South Valley Community Church.
The City Clerk noted that the agenda had been posted on April 16, 1998
at 8:55 a.m.
Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles
S. Morales, Thomas W. Springer, Anthony C. Sudol III, and K. A. Mike Gilroy;
Absent: Council member Suellen e. Rowlison (arrived at 9:55 p.m.) - 7:00 p.m.
The Mayor introduced new employee Irma Navarro, Revenue Officer,
Administrative Services Department.
The Mayor noted a proclamation for Volunteer Week, April 19-25, 1998, and
Sandra Sammut accepted the proclamation, inviting the Council to attend the
Volunteer Recognition reception on Thursday.
The Mayor presented Certificates of Appreciation to Joan Buchanan and Lupe
Sanchez, members of the Community Development Block Grant Citizen Advisory
Committee FY 199811999. Those members unable to attend to receive their
certificates included Sherri Stuart, Barbara Smith, Susan Valenta, Connie Rogers,
Judy Garcia, and Gonzalo Valencia.
Jay Baksa-A ward The Mayor announced City Administrator Baksa has been named the ASP A
(American Society for Public Administration) Outstanding Public Administrator
for 1998 by the Santa Clara Valley Chapter.
Consent
Calendar
Budget
Minutes
Ord. 98-7
Motion was made by Councilman Morales, seconded by Councilman Springer
and carried that the following items under the Consent Calendar be approved by
the following Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano,
Lisabeth A. Gifford, Charles S. Morales, Thomas W. Springer, Anthony C. Sudol
III, and K. A. Mike Gilroy; Absent: Councilmember Sue lien C. Rowlison:
Budget Amendments/Transfers as recommended;
Minutes of the Regular Council Meeting of April 6, 1998;
Adopted Ordinance No. 98-7 repealing Sec. 15.10 of the Gilroy City Code
prohibiting "U" turns on Monterey Street;
ORDINANCE NO. 98-7
ORDINANCE REPEALING SEe. 15.10 OF THE GILROY CITY CODE
PROHIBITING "u" TURNS ON MONTEREY STREET.
PASSED AND ADOPTED this 20th day of April, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ROWLISON
Ninth Agreement Ninth Amendment to the Agreement to provide local law enforcement agency
Cal-ID access to the California Identification (Cal-ID) System, for Fiscal Year 1997-98;
Set Pub.Hearing Set a Public Hearing for June 15, 1998 for Establishment of Assessments for
Maint.Dist.1 Maintenance District No.1;
715R
Res. 98-19
Res. 98-20
Adopted Resolution No. 98-19 Initiating Proceedings for the Annual Levy of
Assessments for the Maintenance District No. I, Fiscal Year 1998/1999;
RESOLUTION NO. 98-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INITlA TING PROCEEDINGS FOR THE ANNUAL LEVY OF
ASSESSMENTS FOR THE MAINTENANCE DISTRICT NO.1, FISCAL
YEAR 1998/1999.
PASSED AND ADOPTED this 20th day of April, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ROWLISON
Adopted Resolution No. 98-20 Declaring its Intention to Levy Annual
Assessments for Maintenance District No. I, Fiscal Year 1998/1999;
RESOLUTION NO. 98-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR
MAINTENANCE DISTRICT NO.1, FISCAL YEAR 199811999 AND
SETTING A PUBLIC HEARING THEREON.
PASSED AND ADOPTED this 20th day of April, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ROWLISON
Bid-Police City Administrator Baksa presented recommendations to award the bid of
Dept.Survey Marchione & Spero in the amount of $12,600.00 for the Police Department
Community Information Survey (RFP-PD-236).
Pub. Hearing
M 98-04/
AHE 98-02
Pub.Hearing
CUP 97-08
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried (Councilwoman Rowlison absent) that the bid by Marchione & Spero
in the amount of $12,600.00 be awarded for the Police Department Community
Information Survey (RFP-PD-236).
The Mayor stated it was the time and place scheduled for a Public Hearing on
an Affordable Housing Exemption request pursuant to Zoning Ordinance Section
50.62(b)(3) for the purpose of constructing 74 residential units and one on-site
manager unit intended for seniors age 55 and above, on property located on the
east side of Wren A venue, south of First Street, zoned PO-PUD (Professional
Office-Planned Unit Development). American Housing Partners, applicant, M
98-04/ AHE 98-02.
The Mayor noted a request by the applicant for a continuance to April 27,
1998.
Motion was made by Councilmember Gifford, seconded by Councilman
Sudol and carried (Councilwoman Rowlison absent) to continue this request to
April 27, 1998.
The Mayor stated it was the time and place scheduled for a Public Hearing on
an Appeal of the Planning Commission action for a Conditional Use Permit
request pursuant to Zoning Ordinance Section 18.30 Commercial Use Table, to
allow multiple residential units within the C I-HN (Neighborhood Commercial-
Historic Neighborhood) zoning district, on property located at the northeast corner
of Fifth Street and Eigleberry Street. Custom One, Inc., applicant, CUP 97-08.
The staff report was noted and further explained by Planner I Stice, who
answered questions posed by the Mayor and Councilmembers.
The Mayor opened the Public Hearing.
Pub. Hearing
V 97-04
A/S 97-69
Kurt Anslinger noted that the grease trap has been abandoned and is now
internal. He noted concerns with the applications, including the need to replace
curbs and gutters, and that the building should be even with the front of Station
55, and should match the rest of the Historical District. He stated that the
residential use should not be allowed.
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Gloria Pariseau noted her appeal of the requirement for the reserved parking
spaces. She stated that she is not sure whether this property is paying into thc
downtown parking district. She stated it is their intent to install gates on the
residential walkways on Fifth Street and Eigleberry Street.
The Mayor closed the Public Hearing.
Planner I Stice answered questions posed by Councilmembers regarding
whether thc building must meet UBC standards regarding insulation from noise
and odor problems.
Alex Larson, previous owner of SanQrino's Restaurant, spoke against the
request.
Motion was made by Councilman Sudol, seconded by Councilman Springer
and carried (Councilwoman Rowlison absent) to direct staffto prepare a
resolution affirming on appeal the action of the Planning Commission approving
the Conditional Use Permit, eliminating condition #4 added by the Planning
Commission regarding the need to secure leases for II parking spaces, and adding
a condition regarding the right of Station 55 to continue to operate in the manner
that it currently operates, with minimal impact by the new development.
The Mayor stated it was the time and place scheduled for a Public Hearing on
an appeal of the Planning Commission action for a Variance request from Zoning
Ordinance Sections 19.30 Commercial Site and Building Requirement Table,
34.32(a) Fences and Obstructions-Commercial and Industrial Districts, and 38.22
Landscaping-Commercial Zones, to allow a reduction in the front yard setback
and allow encroachment within the front yard setback, a reduction in the street
side yard setback, construction ofa fence higher than three (3) feet within the
required front yard setback, and a reduction in the required front planter area, on
property located at the northeast corner of Fifth Street and Eigleberry Street,
zoned C I-HN (Neighborhood Commercial-Historic Neighborhood). Custom
One, Inc., applicant, V 97-04.
The Mayor opened the Public Hearing.
Kurt Anslinger stated that the curbs and gutters should be replaced.
Gloria Pariseau noted that staff will determine whether the curbs and gutters
need to be replaced.
The Mayor closed the Public Hearing.
It was noted that item #3 (reduced front yard fence/wall setback) has been
eliminated from the request.
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried (Councilwoman Rowlison absent) to direct staff to prepare a
resolution affirming on appeal the action of the Planning Commission approving
the Variance, striking item #3 from the request.
The Mayor deviated from the regular agenda to accommodate interested
persons in the audience.
The Mayor noted a request for an Architectural and Site revicw approval to
allow the construction of a 9,808 sq.ft. commercial/residential building
(commercial use on ground floor, multi-residential use on second floor) on an
undeveloped lot located at the northeast corner of Fifth Street at Eigleberry Strcet,
zoned C I-HN (Neighborhood Commercial/Historical Neighborhood). Custom
.,,,,,,'"
One, Inc., applicant, A/S 97-69.
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Ord. 98-8
Sa fe & Sane
Fircworks
HMSO
Thc staff report was noted and further explained by Planner I Stice.
Councilman Springer requested an additional condition # 12 be added to placc
an electrolier for lighting the corner at Fifth and Eigleberry Streets.
Kurt Anslinger reviewed photographs of a building in Los Gatos that would fit
within Gilroy's historic downtown.
Motion was made by Councilmember Arellano, seconded by Councilman
Morales and carried (Councilwoman Rowlison absent) to direct stafTto prepare a
resolution approving the request, subject to II conditions, adding wording to
condition #3 regarding security lighting at the northeast corner of Fifth and
Eigleberry Streets, with a request that the finalized plans be brought back to the
Council showing the added elevator or lift, for information only.
The Mayor returned to the regular order of the agenda.
Motion was made by Councilman Springer, seconded by Councilmembcr
Gifford and carried to adopt Ordinance No. 98-8 of the City Council ofthc City of
Gilroy amending the zoning designation from AI (Agricultural) and OS (Open
Spacc) to RI/OS-PUD (Single Family Residential and Open Space-Planned Unit
Development) on approximately 22.2 acres, on APN 808-20-012 and a portion of
APN 808-20-0 II, Z 96-10, Thomas Road Properties, Inc.
Councilman Sudol recused himself from this item.
ORDINANCE NO. 98-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE ZONING DESIGNATION FROM A 1 (AGRICULTURAL)
AND OS (OPEN SPACE) TO RIIOS-PUD (SINGLE FAMILY RESIDENTIAL
AND OPEN SPACE-PLANNED UNIT DEVELOPMENT) ON
APPROXIMATELY 22.2 ACRES, ON APN 808-20-012 AND A PORTION OF
APN 808-20-011, Z 96-10, THOMAS ROAD PROPERTIES, INe.
PASSED AND ADOPTED this 20th day of April, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
SPRINGER, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ROWLlSON and SUDOL
At 8:48 p.m., the Mayor called for a recess, after which he rcconvcncd thc
meeting.
The Mayor noted proposed revisions to Ordinance No. 86-24 regulating the
sale, use and storage of safe and sane fireworks.
The staff report was noted and further explain~d by Assistant Fire Chief/Firc
Marshal Ledesma.
Motion was made by Councilmember Arellano, seconded by Councilman
Morales and carried (Councilwoman Rowlison absent) to read the Ordinance by
title only and waive further reading of the Ordinance. The City Clerk read the
Ordinance by title only.
Motion was made by Councilman Morales, seconded by Councilman Springer
and carried (Councilwoman Rowlison absent) to introduce the Ordinance
amending Ordinance No. 86-24 regulating the sale, use and storage of safe and
sane fireworks.
The Mayor noted proposed amendments to the Gilroy Hazardous Materials
Storage Ordinance (HMSO).
The staff report was noted and further explained by Chemical Control
Supervisor Ampcr.
71 6 1
Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried (Councilwoman Rowlison absent) to read the Ordinance by title only
and waive further reading of the Ordinance. The City Clerk read the Ordinance
by title only.
Motion was made by Councilman Sudol, seconded by Councilman Morales
and carried (Councilwoman Rowlison absent) to introduce the Ordinance
amending the Gilroy Hazardous Materials Storagc Ordinancc (HMSO).
SCJPAC
Vacancy
The Mayor noted possible appointment of a "Public-at-Large" membcr for thc
South County Joint Planning Advisory Committee (SCJPAC).
Motion was made by Councilman Springer, secondcd by Councilman Morales
to appoint Mike Correa to the SCJPAC, and the motion and sccond were
withdrawn.
Councilmember Arellano stated that Howard Franklin & Connie Rogers
would be her choices for the appointment.
Motion was made by Councilman Sudol, seconded by Councilmember
Arellano and carried (Councilwoman Rowlison absent) to reopen the application
period for 30 days to May 20, 1998 at 5:00 p.m., and then interview the
applicants.
Six Pence Inn The Mayor noted a consideration for an Economic Incentive for Six Pence
Inn.
The staff report was noted and further explained by Community Development
Director Allen.
Council discussed problems associated with the current operation and
discussed possible solutions.
Bill Lindsteadt reviewed the proposal and the problems that have existed at
the current site.
(At 9:40 p.m., Mayor Gilroy left the Council Chambers, and Councilman
Moralcs chaired the meeting in his absence.)
Pcte DeKalb, Motel 6 Corporation, reviewed the proposcd projcct.
(At 9:50 p.m., Mayor Gilroy returned to the meeting.)
Councilman Springer requested and Mr. DeKalb concurrcd to add the wording
"to improve and expand its business" under RECITALS in the agreement.
(Councilwoman Rowlison arrived at the meeting at 9:55 p.m.)
Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried to approve the terms and economic incentive agrcement for Six Pence
Inn with Motel 6 Operating Limited Partnership with the addition of minor
wording noted above.
The Mayor asked if there was anyone in the audience wishing to spcak on any
item not on the agenda.
Tom Carmichael, 64 West Sixth Street, stated that becausc of a change of
name for his business, it was inspected by the Fire Department and he was written
up for problems, including the requirement to buy a lock box. City Administrator
Saksa stated that Building Official Ledesma would contact him.
City Administrator Baksa noted the report on the MVW Truck Stop in the
packet at thc request of Councilmembers.
6?
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Plan.Com.
3-5-98
Plan.Com.
4-2-98
SCRW A
3-24-98
Councilman Springer requested the following bills be reviewed: AB 2354,
AB 1938, SB 837, AB 2586, and AS 2488. Councilwoman Rowlison also
requested AB 1614 be reviewed.
Legislation:
League of California Cities Legislative Bulletin # 13-1998 dated April 3, 1998.
Customer Service:
Record of Commendable Action and Gilroy Dispatch Lettcr to the Editor for
Police Officer Marrazzo for his commitment and enthusiasm on the downtown
foot patrol and traffic control coordination ofthc City's first Mcmorial Day
Parade;
Certificate of Commendation for Police Officer Devlin on being named the
City of Gilroy Police Department Employee of the Month for December, 1997;
Internet letter from Mike Lopes in appreciation to Community Services staff
for prompt action in response to a request;
Note of congratulations from Caryl Simpson to Annabel Yurutucu, HCD
Coordinator, for a job well done;
Letter of commendation from Judge Hugh F. Mullin III regarding Detective
Steve Baty and his assistance with a recent case; and
Letter from Lucy Ferrari, Santa Clara Valley Water District, to Patricia
Bentson for assisting with an appraisal board.
Informational items:
Press Release by Gilroy Canning Co. announcing their decision to discontinue
operations at their seasonal fresh-pack tomato processing facility;
Drought Alert Calculations, Summary of Monthly Water Production, March,
1998;
Project approvals and allowed uses involving the MVW Truck Stop;
E-mail message from Acting Police Chief Giusiana to Officer Castaneda and
Officer Ashley thanking them for stopping in at the Youth Center during Saturday
Night Jams;
Visitors Bureau Advisory Council Minutes and Information from March 19,
1998;
Article entitled The Saga afGrassy Hills by Jim Page from Fire-Rescue
Magazine, March, 1998;
South County Regional Wastewater Authority Ongoing Engineering
Activities, April 14, 1998 SCRW A Board Meeting; and
Letter from concern cd citizens regarding the increase in vandalism and
graffiti.
The minutes of the Planning Commission meeting of March 5, 1998 were
noted.
The report of the Planning Commission meeting of April 2, 1998 was noted.
The minutes of the South County Regional Wastewater Authority meeting of
March 24, 1998 were noted.
Adjrnmt.
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City Administrator Saksa requested to set May II, 1998 at 7:00 p.m. for a
budget study session in the Council Chambers, and Council agreed.
The Mayor noted the 90 day City Council calendar, a list of upcoming
meetings. He noted and displayed an A ward of Merit reccived by the Economic
Development Corporation for the three-way partnership to assist economic
development in Gilroy. He distributed an article written by a Police Oflicer from
Scottsdale, Arizona regarding young people, and their motivation for "tagging".
He noted that May 8th is Senior Day, and that citizens will be selling a special
edition of the Dispatch from 6:00 a.m. to 9:00 a.m. He noted the Memorial Day
celebration.
Councilwoman Rowlison thanked everyone for thcir help with the Artrain.
She noted the Cities Association is planning their general membership meeting on
June 18, 1998. She stated that she will be going to Sacramento tomorrow
regarding the subvention monies not being given to flood control agencies. She
announced a Public Hearing on April 29, 1998 by the Santa Clara Valley Water
District on water rates.
Councilman Morales congratulated John Lara on thc formation of the PAL.
Councilmember Gifford questioned when they could expect an answer as to
the legality of publishing the names in the ncwspaper of parents of minors who
have been caught "tagging", and was told the City Attorney is working on that
Issue.
Councilmember Arellano questioned whether thc two neighborhood meetings
have ben confirmed, and was told that they havc not bccn confirmed yet. Shc
distributed information from MACSA regarding a proposal regarding graffiti
painting, stating that she would like to place this issue on next Monday's agenda.
She noted that ESO is getting a grant to do mural projects, and would like to
partner with the City to paint the wall near Banning Upholstery. She announced a
"Smoothies and Music" event that she and Councilwoman Rowlison are working
on for the New Renaissance Centre on May I, 1998 from 3:00 p.m. to 6:00 p.m.
She noted the Ambassador's Ball Scholarship Pageant will be held on May 8,
1998 at the Elk's Lodge.
Councilman Springer noted a letter that was sent to Senator Bruce McPherson
regarding an application for $165,000 to complete the restoration of Gilroy's
historic train depot. He praised Sgt. John Sheedy and team for catching two
juveniles that had tagged several areas in town.
The Mayor noted that Mary Prien, City Historian, passed away on Saturday.
The Mayor noted the following meetings/events:
City Council Study Session - Neighborhood Revitalization Strategy, April 30,
1998, 6:00 p.m., Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy,
California.
City Council/Police Department Retreat, May 8, 1998,9:00 a.m. to 3:00 p.m.,
Senior Center Meeting Room, 7371 Hanna Street, Gilroy, California.
At 10:51 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
L!f~~~
/s/ RHONDA PELLIN
City Clerk