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Minutes 1998/04/20 Invocation Posting Agenda Roll Call New Emp. Proc.-VoL Week Certi fi cates- CDBG CAC .~-~ 7.,'1 r;.., , ,J 1 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. 7159 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. 7 1 fJ' ,) .) 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? 7 \ '.' 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. -::"7' ''', "" I t~. -) ( ,~. 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