Minutes 1998/05/18
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Invocation
Posting
Agenda
Roll Call
New Emp.
Emp. Award
Consent
Calendar
Regular Meeting
May 18, 1998
Gilroy, California
Boy Scout Troop 792 led the Pledge of Allegiance to the Flag, and then
introduced themselves.
Pastor Lee Neish, Gilroy United Methodist Church, gave the Invocation.
The City Clerk noted that the Agenda had been posted on May 14, 1998
at 12:50 p.m.
Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles
S. Morales, Suellen e. Rowlison, Thomas W. Springer, Anthony C. Sudol III, and
K. A. Mike Gilroy - 7:00 p.m.
The Mayor introduced new employee Geoff Guerin, Community Service
Officer, Police Department.
The Mayor presented the Employee Award for the Month of April, 1998, to
Nina Sheleman, Community Service Officer, Police Department.
Motion was made by Councilman Springer, seconded by Councilman Morales
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, Sue lien e. Rowlison, Thomas W.
Springer, Anthony e. SudollII, and K. A. Mike Gilroy:
Minutes
AB 939
7 1/':3
Minutes of the Regular Council Meeting of May 4, 1998;
Approved a request for the Second Amendment for a Countywide AB 939
Implementation Fee from all waste disposed into landfills within Santa Clara
County in effect through July 1,2000 (County Integrated Waste Management
Program), as amended;
Eagle Ridge Approved Eagle Ridge, Club Drive North, Improvement Agreement 98-14.
Imp.Agree.98-14
Tract 8708 &
Tract 8769
Budget
Pub. Hearing
CDBG &
NRS
Pub.Hearing
M 98-06/
AHE 98-02
Pub. Hearing
V 98-02
Accepted Tract 8708, Hillcrest IV, Kaufman and Broad, and Tract 8769,
Hillcrest IV A, Kaufman and Broad; and
Budget Amendments/Transfers as recommended.
Administrative Services Director Dorn introduced Den,nis White, Fleet and
Facility Services Manager, who reviewed the Fleet, Facilities and Custodial
Divisions and their duties.
Administrative Services Director Dorn reviewed the new financial system for
charge back of costs for services provided to the departments and funds. He noted
staff is in negotiations with Pentamation for approval of the contract for the new
financial software.
The Mayor stated it was the time and place scheduled for a Public Hearing on
the Draft Annual Action Plan of Gilroy's Adopted Consolidated Plan and a draft
Neighborhood Revitalization Strategy containing an area within Census Tract
5126.0 I for the Activities the City of Gilroy Plans to Fund Under the 1998-99
Community Development Block Grant (CDBG) Program, any amendments to the
1997/98 CDBG Action Plan, and the FY 1998-2003 Neighborhood Revitalization
Strategy.
The Mayor noted there was a request by Staff to continue this to June I, 1998.
Motion was made by Councilwoman Arellano, seconded by Councilman
Morales and carried to continue this request to June I, 1998.
The Mayor deviated from the regular order of the agenda.
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 construct approximately 75 residential units, consisting of a
mixture of below market rate single family homes, multi-family apartments and
self-help single family homes, to be phased over a multi-year period, on property
located between Kern A venue and Santa Teresa Boulevard, south of Longmeadow
Drive, currently zoned RI (Single Family Residential). South County Housing,
applicant, M 98-06/ AHE 98-02.
The Mayor noted there was a request by Staff to continue this to June IS,
1998.
Motion was made by Councilman Morales, seconded by Councilwoman
Rowlison and carried to continue this request to June 15, 1998.
The Mayor returned to the regular order of the agenda.
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 Section 37 .50(b) Signs in Commercial and Industrial Districts, to allow
increased front building lettering signage, on property located at 8777 San Ysidro
Avenue, north of Leavesley Road, zoned C3/M I-PUD (Shopping Center
Commercial/Limited Industrial-Planned Unit Development). Gilroy Investors,
LLC, applicant, V 98-02.
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The staff report was noted and further explained by Planner II Durkin. .
The Mayor opened the Public Hearing.
Mike Anderson, Alamo Group, explained that they are reducing the original
request.
Brian Connelly, Ad Art Electronic Sign Corporation, explained the
calculations for measuring the square footage of the signs.
The Mayor closed the Public Hearing.
Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried to direct staff to prepare a resolution affirming on appeal the action of
the Planning Commission approving the Variance with modifications allowing
283 square feet of sign area.
Res. 98-22 Motion was made by Councilman Springer, seconded by Councilman Morales
and carried by the following vote to adopt Resolution No. 98-22 modifying the
decision ofthe Planning Commission approving CUP 97-08, upholding an appeal
and denying a second appeal of that decision, and approving as so modified CUP
97-98, a request for a Conditional Use Permit in order to construct a
commercial/residential building on .32 acres, APN 799-06-058, Custom One, Inc.
applicant.
Councilwoman Rowlison recused herself from this item.
RESOLUTION NO. 98-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
MODIFYING THE DECISION OF THE PLANNING COMMISSION
APPROVING CUP 97-08, UPHOLDING AN APPEAL AND DENYING A
SECOND APPEAL OF THAT DECISION, AND APPROVING AS SO
MODIFIED CUP 97-98, A REQUEST FOR A CONDITIONAL USE PERMIT
IN ORDER TO CONSTRUCT A COMMERCIAL/RESIDENTIAL BUILDING
ON .32 ACRES, APN 799-06-058, CUSTOM ONE, INe. APPLICANT.
PASSED AND ADOPTED this 18th day of May, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ROWLISON
Res. 98-23
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried by the following vote to adopt Resolution No. 98-23 approving
Variance V 97-04, and denying the appeal of the Planning Commission's decision
on Variance V 97-04, APN 799-06-058, Custom One, Inc. applicant.
Councilwoman Rowlison recused herself from this item.
RESOLUTION NO. 98-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING VARIANCE V 97-04, AND DENYING THE APPEAL OF THE
PLANNING COMMISSION'S DECISION ON VARIANCE V 97-04, APN 799-
06-058, CUSTOM ONE, INC. APPLICANT.
PASSED AND ADOPTED this 18th day of May, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ROWLISON
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Res. 98-24 Motion was made by Councilman Springer, seconded by Councilman Morales
and carried by the following vote to adopt Resolution No. 98-24 approving A/S
97-69, an application for Architectural and Site approval of a 9,808 square-foot
commercial/residential building involving .32 acres, APN 799-06-058, Custom
One, Inc. applicant.
Councilwoman Rowlison recused herself from this item.
RESOLUTION NO. 98-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 97-69, AN APPLICATION FOR ARCHITECTURAL AND
SITE APPROVAL OF A 9,808 SQUARE-FOOT COMMERCIAL!
RESIDENTIAL BUILDING INVOLVING .32 ACRES, APN 799-06-058,
CUSTOM ONE, INC. APPLICANT.
PASSED AND ADOPTED this 18th day of May, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ROWLISON
Res. 98-25 Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried by the following vote to adopt Resolution No. 98-25 approving M 98-
04/AHE 98-01, an application for an Affordable Housing Exemption from the
Residential Development Ordinance, APN 808-089-0 II. American Housing
Partners, applicant.
RESOLUTION NO. 98-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING M 98-04/AHE 98-01, AN APPLICATION FOR AN
AFFORDABLE HOUSING EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE, APN 808-089-011. AMERICAN HOUSING
PARTNERS, APPLICANT.
PASSED AND ADOPTED this 18th day of May, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res. 98-26 Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried by the following vote to adopt Resolution No. 98-26 establishing new
Numerical Limits for maximum total number of residential dwelling units to be
built during each of the years 1999 through 2003, inclusive, and determining not
to open an RDO application process for the year 1998.
RESOLUTION NO. 98-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ESTABLISHING NEW NUMERICAL LIMITS FOR MAXIMUM TOTAL
NUMBER OF RESIDENTIAL DWELLING UNITS TO BE BUILT DURING
EACH OF THE YEARS 1999 THROUGH 2003, INCLUSIVE, AND
DETERMINING NOT TO OPEN AN RDO APPLICATION PROCESS FOR
THE YEAR 1998.
PASSED AND ADOPTED this 18th day of May, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda. There was no comment from anyone in the audience.
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Jenny Howard The Mayor noted a letter from Jenny Howard resigning from the Library
L & C Com. Commission effective June 15, 1998.
Motion was made by Councilmember Arellano, seconded by Councilmember
Gifford and carried to accept Ms. Howard's resignation with regrets and open the
application period, with the closing date to be June 26, 1998.
Rick Ceglio
GPUC
The Mayor noted a letter from Rick Ceglio resigning from the Gilroy General
Plan Update Committee effective immediately.
Motion was made by Councilmember Arellano, seconded by Councilman
Sudol and carried to accept Mr. Ceglio's resignation with regrets.
The following informational items were noted with no separate discussion on
same:
Legislation:
League of California Cities Legislative Bulletin # 16-1998 dated May I, 1998;
League of California Cities Legislative Update regarding efforts to repeal the
Vehicle License Fee (VLF);
Letters in opposition to AB 1986 regarding the Pajaro River Watershed Flood
Prevention Authority Act;
Letter in opposition to AB 2488, which seeks to impose additional
proportionality requirements on exactions;
Letter in opposition to AB 2354, which seeks to impose additional accounting
activities in regard to development fees collected as a condition of development
agreements; and
League of California Cities Legislative Bulletin # 17 -1998 dated May 8, 1998.
Customer Service:
Letter from Valerie Valdez to AI Gagliardi regarding painting out graffiti;
Letter from David Alvarez, Superintendent, Gilroy Unified School District, to
Officer Brenda Bergman commending her for the work she has done with graffiti
activities at Gilroy schools;
Letter from Mike Bellinger, Bellinger & Foster Landscape Architects, to Jay
Baksa congratulating him on his recognition by the American Society of Public
Administration as "Outstanding Public Administrator for 1998";
Letter from Rose Burnett to Mayor Gilroy thanking him for his assistance in
improving the appearance and safety of the Ninth/Fairview Streets neighborhood;
Letter from Rose Burnett to the Community Development Department,
Engineering Division thanking them for improving the appearance and safety of
the Rosanna/Ninth Streets and Ninth/Fairview Streets neighborhoods;
Memorandum of appreciation from Acting Chief Giusiana to Captain Lanny
Brown, Sergeant Al Morales, Sergeant Dan Crumrine, Sergeant Don Kludt,
Detective Stan Devlin, and Steve Ynzunza for volunteering their time to raise
$1,800.00 for the Gavilan Special Olympics through a Tip-A-Cop fund raiser at
Applebee's Restaurant;
Letter from Rose Burnett to Community Services Department thanking staff
for improving the safety and appearance of the Ninth Street/Fairview Drive area;
and
Plan.Com.
5- 7 -98
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Letter from Pastor Richard Garcia, South Valley Community Church, to
Kathy and the Bad Boyz in appreciation for their efforts at their "Fabulous 50's
Fun Night."
Informational items:
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, May 12,1998 SCRWA Board Meeting;
Visitors Bureau Advisory Council Minutes of April 9, 1998;
Certificate of Commendation for Kim Pestoni, Police Department Employee
of the Month for January 1998;
State of California Department of Finance Annual Percent Change in
Population Minus Exclusions January I, 1997 to January 1, 1998 and Total
Population January I, 1998;
Letter to Robert Connelly from the Gilroy Special Visitors Committee
requesting to name the driveway from Miller Avenue proceeding westerly toward
the Temporary Environmental Education Center (TEEC) building as Sister City
Circle;
Letter to Bill Faus from the Gilroy Special Visitors Committee requesting to
name new streets in a future subdivision with the names of the City of Gilroy's
sister cities; and
Article from the San Francisco Chronicle, May 4, 1998, entitled Concord
Calls Graffiti Busters - City Service Removes "Tags".
The report of the Planning Commission meeting of May 7, 1998 was noted.
Council discussed the issue of safety and adequate downtown lighting, which they
took under advisement, and will review in a future format, possibly with the Goals
and Objectives or with the Neighborhood Revitalization Strategy.
Councilmember Arellano requested the parking lot lights be checked as many of
them are out.
City Administrator Baksa noted information he sent out on the Visitors
Bureau and the Economic Development Corporation. He commented on the letter
from Assistant Fire Chief Ledesma on the Knox Box issue. He distributed a letter
from Senior Building Inspector Chantler on the Physically Challenged Appeals
Board Top Ten List. He noted a letter from the Santa Clara County Library and
also the Governor's proposal regarding the Vehicle License Fee issue. He
distributed a Press Release on taggers that were apprehended. He noted a request
from the Santa Clara County Cities Association to take an immediate stance on
the Internet Tax Compromise issue (AB 1614). Council requested staff keep them
informed of this issue.
City Attorney Callon stated that there will be a meeting on June 8 of
developers and City staff to discuss options as to how the City can fund the
maintenance of soundwalls. She stated that she attended the Planning
Commission retreat, noting that she will be establishing a list of permits and
applications that are required to be approved at the Council level vs. those that can
be approved and end at the Planning Commission.
The Mayor noted the 90 day City Council calendar, a list of upcoming
meetings. He stated that he was in San Antonio, Texas last week, and noted that
their cable company found 388 illegal hookups, 13 of which were HBO and 10 for
Showtime, all in the City offices.
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The Mayor noted the need to set an interview date for applicants for the South
County Joint Planning Advisory Committee. He also reminded citizens that they
have until May 20 to apply for the position.
Council agreed to set June 2, 1998 at 6:00 p.m. for interviews for applicants
for the South County Joint Planning Advisory Committee.
The Mayor noted the May 25 Memorial Day celebration and planned events.
Councilman Morales complimented the last meeting held with the Gilroy
Unified School District, stating that he appreciated the input.
Councilman Sudol stated that he is glad to be back.
Council member Gifford commented that the Domestic Violence Task Force is
looking for an office site. She requested a letter of appreciation be sent to Judge
Thomas Edwards for stating that he will administer the most stringent punishment
possible to those persons convicted of a graffiti crime. She questioned when the
Council will get an update on the legality for billing for graffiti vandalism, and
was told that the City Administrator is working out the final details. It was noted
that they will bill by June or July and will start with incidents back to January 1,
1998.
Councilmember Arellano thanked Rachel Munoz and Annabel Yuruturu for
attending the United Neighborhood meetings on Saturday. She noted a letter to
Bill Faus regarding naming streets with Sister Cities names, and questioned
whether there currently is a Street Naming Committee. The City Administrator
will set up a meeting with the Street Naming Committee.
Councilman Springer noted revisions to two General Plan Update Committee
policies, which will be agendized for the June 1, 1998 Council agenda for
approval.
Council discussed the Santa Clara County EMS, noting that City
Administrator Baksa is the chairperson of a group looking at this issue.
Councilwoman Rowlison questioned when the Public Hearing would be
regarding siting of the Police Department. City Administrator Baksa noted that
there will be no Public Hearing, and if citizen's have questions, they should call
him or Community Development Director Allen.
The Mayor noted a South County Regional Wastewater Authority meeting
tomorrow morning at 7:30 a.m.
The Mayor noted the following meetings/events:
Informational Meeting - City Council and Planning Commission will attend a
meeting, May 21, 1998,6:30 p.m. to 7:30 p.m., in the Rod Kelley School Multi-
Purpose Room, 8755 Kern Avenue, Gilroy, California to receive a report from
South County Housing concerning the community outreach program held
regarding the Los Arroyos project.
City Council Study Session - Neighborhood Revitalization Strategy, May 28,
1998,5:30 p.m., Senior Center Meeting Room, 7371 Hanna Street, Gilroy,
California.
Neighborhood Meeting - City Council will hold a Neighborhood Meeting,
June 8, 1998, 7 :00 p.m., South Valley School of Science & Global Studies
Gymnasium 385 IOOF Avenue, Gilroy, California regarding items of community
or neighborhood interest.
Adjrnmt.
Neighborhood Meeting - City Council will hold a Neighborhood Meeting,
June 22, 1998, 7:00 p.m., Luigi Aprea Fundamental School Multi-Purpose Room,
9225 Calle Del Rey, Gilroy, California regarding items of community or
neighborhood interest.
At 8:40 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~~~.
/s/ RHONDA PELLIN
City Clerk
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