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Minutes 1998/05/18 71-") I 1_ 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. 7174 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 7 1 I,. ~'\ --' 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. 7176 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 7 i "7 "J I r 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. 7178 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 ~..".', ~.~~.._:"..' g ,,"p :;t;.';:'o:.:.'",c'",'.;::w..~~;,;,c;:.'''';'i::i: 71 'l t....\ I 'I ,- :. .