Minutes 1998/07/20
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Invocation
Posting
Agenda
Roll Call
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Regular Meeting
July 20, 1998
Gilroy, California
The Mayor announced that Council adjourned from a Closed Session re:
Conference with Real Property Negotiator, pursuant to Government Code Section
54956.8 and that no action had been taken.
The Mayor announced that Council adjourned from a Closed Session re:
Conference with Legal Counsel-Liability Claims, pursuant to Government Code
Section 54956.95 and by a vote of 4-2-1 (Councilmembers Gifford and Springer
voting no; Councilman Morales absent), Council denied the claim of Lee Kalpin.
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Kevin Wilson, Gilroy Bible Church, gave the Invocation.
The Deputy City Clerk noted that the Agenda had been posted on July 16,
1998 at 7:30 p.m.
Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Suellen
C. Rowlison, Thomas W. Springer, Anthony C. Sudol III, and K. A. Mike Gilroy,
Absent: Councilmember Charles S. Morales - 7:07 p.m.
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New Emp.
VoLA ward
Emp.A ward
P.D.Work
Group
Consent
Calendar
The Mayor introduced new employee Rafael Adame, Chief Building Official,
Building, Life and Environmental Safety Division, Community Development
Department; and promoted employee, Gregory Guisiana, Police Chief, Police
Department.
The Mayor presented Mr. Joel Goldsmith of the Goldsmith Seed Company
with a certificate in recognition of its selection as Volunteer of the Month for July,
1998.
The Mayor presented Corporal John Lara with a plaque in recognition of his
selection as Employee of the Month for June, 1998.
The Mayor presented the Police Department Work Group with certificates of
recognition for their combined efforts in apprehending two juvenile taggers.
Motion was made by Councilwoman Rowlison, seconded by Councilwoman
Arellano and carried, that the following items under the Consent Calendar be
approved removing item I. Recommendation to Approve Property Improvement
Agreement No. 98-27 & Tract Map No. 9079, by the following Roll Call Vote:
Ayes: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Suellen C.
Rowlison, Thomas W. Springer, Anthony C. Sudol III, and K. A. Mike Gilroy;
Absent: Council member Charles S. Morales:
Minutes Approved Minutes of the Regular Council Meeting of July 6, 1998;
Budget Approved the Write-Off of Uncollectible Utility Accounts as recommended;
Ord.98-13 Adopted Ordinance No. 98-13 amending the Gilroy Zoning Ordinance,
Section 10.30 (Residential Use Table), Section 18.30 (Commercial Use Table),
Section 22.30 (Industrial Use Table), and Section 39.30 (Accessory Buildings) of
the Gilroy Zoning Ordinance, Z 98-03.
ORDINANCE NO. 98-13
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE GILROY ZONING ORDINANCE SECTIONS 10.30, 18.30,
22.30 AND 39.30.
PASSED AND ADOPTED this 20th day of July, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, ROWLISON,
SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MORALES
Claims Denied claims of Mohammed Taghavi; Isaac Gonzalez; and Carolyn
Arevalo.
Ord.98-14 Adopted Ordinance No. 98-14 Fixing Amount of Revenue from Property
Taxes Necessary to Pay Bonded or other Indebtedness of the City for 1998-1999.
ORDINANCE NO. 98-14
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY FIXING
AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO PAY
BONDED OR OTHER INDEBTEDNESS OF THE CITY FOR 1998-1999.
PASSED AND ADOPTED this 20th day of July, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, ROWLISON,
SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MORALES
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Ord. 98-15 Adopted Ordinance No. 98-15 Fixing Ad Valorem Assessment for 1998-1999
- Parking District No. I - First Division.
ORDINANCE NO. 98-15
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY FIXING
AD VALOREM ASSESSMENT FOR 1998-1999 - PARKING DISTRICT
NO. I - FIRST DIVISION.
PASSED AND ADOPTED this 20th day of July, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, ROWLISON,
SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MORALES
Minutes
Approved Minutes of the Special Joint Councils Meeting of June 23, 1998.
Prop.Improv. Accepted Improvements for Railroad Crossing Conform Project, Project
97-CDD-460 No. 97-CDD-460, James R. Clark Co.
Res. 98-37 Adopted a Resolution of the City Council of the City of Gilroy approving
Variance V 98-03, and granting the appeal of the Planning Commission's denial of
Variance V 98-03 (APN 841-14-031), Motel 6 Operating L. P.
RESOLUTION NO. 98-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING V 98-03 AND GRANTING THE APPEAL OF THE PLANNING
COMMISSION'S DENIAL, APN 841-14-031.
PASSED AND ADOPTED this 20th day of July, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, ROWLISON,
SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MORALES
Prop.Improv. Approved Property Improvement Agreement No. 98-23 and Tract Map
Agree.98-23 No. 9083, APN 790-54-007, Mission Valley Syncon L.P.
Tr.Map 9083
OEDP
Adopted the Overall Economic Development Program (OEDP) for fiscal
year 1998-1999, and instructed staff to submit this document for review and
acceptance by the Economic Development Administration
Councilmember Gifford recused herself from the vote on Item I. due to the
proximity of her personal residence.
Prop.Improv.
Agree. 98-27
Tr.Map 9079
Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried, that Item I. re: Recommendation to Approve Property Improvement
Agreement No. 98-27 and Tract Map No. 9079 be approved by the following Roll
Call Vote: Councilmembers Guadalupe Arellano, Suellen C. Rowlison, Thomas
W. Springer, Anthony C. Sudol III, and K. A. Mike Gilroy; Councilmembers
Lisabeth A. Gifford and Charles S. Morales absent.
Councilman Springer recused himself from voting on the bid for personal
computers and printers.
Bid.-Computers The City Administrator presented recommendations to award the bid for
Personal Computers (RFP-IT-241) to Microlink Enterprise, Inc. in the amount of
$76,926.78 for 63 Personal Computers.
Motion was made by Councilwoman Arellano, seconded by Councilwoman
Gifford and carried (Councilmembers Morales and Springer absent) that the bid of
Microlink Enterprise, Inc. in the amount of $76,926.78 be awarded for 63
Personal Computers (RFP- IT - 241).
720B
Pub.Hearing
Z 98-03
Pub. Hearing
Z 98-05
Pub. Hearing
TM 98-06
The Mayor stated it was the time and place scheduled for a Public Hearing
on a Zoning Ordinance Text amendment proposing an addition to the City of
Gilroy Zoning Ordinance, in particular, Section 42 Recreational Vehicle
Guidelines. City of Gilroy, applicant, Z 98-03.
The staff report was noted and further explained by Planner I Stice, and he
answered several questions posed by Councilmembers.
The Mayor opened the Public Hearing.
The Mayor closed the Public Hearing.
Motion was made by Councilwoman Arellano, seconded by Councilwoman
Rowlison and carried (Councilman Morales absent), directing staff to prepare an
ordinance approving the Zoning Ordinance Text Amendment regarding the
addition of Section 42, Recreational Vehicle Guidelines, with changes to Section
42.50 Length of Stay, replacing "60-day period" with "120-day period", and
Section 42.51 Compliance Hearings, adding to the second paragraph "The RV
Park Owner shall submit to the City an annual report containing complete and
accurate visitor records...".
The Mayor stated it was the time and place scheduled for a Public Hearing
on a Zone Change request to amend the City of Gilroy Zoning Map on
approximately 64.32 acres from its current Rl (Single Family Residential) and
R3-PUD (Medium Density Residential-Planned Unit Development) designations
to a combined Rl/R3-PUD (Single Family Residential/Medium Density
Residential-Planned Unit Development), located between the east side of Santa
Teresa Boulevard and the west side of Kern A venue, north of Mantelli Drive.
South County Housing, applicant, Z 98-05.
The staff report was noted and further eXplained by Planner II Durkin, and she
answered several questions posed by Councilmembers.
The Mayor opened the Public Hearing.
Dennis Lalor, Executive Director of South County Housing, applicant, spoke
in support of the request.
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The Mayor closed the Public Hearing.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Springer and carried (Councilman Morales absent), adopting the Mitigated
Negative Declaration as completed in compliance with CEQA, reflecting the
independent judgment of the City, and stating that there is no substantial evidence
that the project will have a significant effect on the environment.
Motion was made by Councilwoman Rowlison, seconded by Councilwoman
Arellano and carried (Councilman Morales absent), directing staff to prepare an
ordinance approving Zone Change request Z 98-05.
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The Mayor stated it was the time and place scheduled for a Public Hearing
on a Tentative Map request to subdivide a parcel approximating 29.15 acres into a
78 lot single-family residential subdivision, on property located west of Thomas
Road, west of Raspberry Court and Oakbrook Way, north of Babbs Creek, zoned
Rl/R3-PUD (Single Family Residential/Medium Density Residential-Planned
Unit Development). Orchard Valley Communities, applicant, TM 98-06.
Councilman Sudol recused himself from voting on TM 98-01 due to the
proximity of his personal residence to the project site.
The staff report was noted and further explained by Planning Division
Manager Faus, and he answered several questions posed by Councilmembers.
The Mayor opened the Public Hearing.
Pub. Hearing
TM 98-07
Pub. Hearing
TM 98-05
Election
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John Donahoe of Ruggeri Jensen & Associates, engineers for the project,
spoke in support of the request.
The Mayor closed the Public Hearing.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Springer and carried (Councilmembers Morales and Sudol absent), directing staff
to prepare a resolution approving Tentative Map request TM 98-06, subdividing a
parcel approximating 29.15 acres into a 78 lot single-family residential
subdivision, on property located west of Thomas Road, west of Raspberry Court
and Oakbrook Way, north of Babbs Creek.
The Mayor stated it was the time and place scheduled for a Public Hearing
on a Tentative Map request to subdivide a parcel approximating 8.97 acres into a
47 lot single-family residential subdivision consisting of market rate and below
market rate housing, on property located west of kern A venue, north of Mantelli
Drive, proposed to be zoned Rl/R3-PUD (Single Family Residential/Medium
Density Residential-Planned Unit Development). South County Housing,
applicant, TM 98-07.
The staff report was noted and further explained by Planner II Durkin, and she
answered several questions posed by Council members.
The Mayor opened the Public Hearing.
Dennis Lalor, Executive Director of South County Housing, applicant, spoke
in support of the request.
The Mayor closed the Public Hearing.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Springer and carried (Councilmember Gifford voted no; Councilmember Morales
absent), directing staff to prepare a resolution approving Tentative Map request
TM 98-07, a parcel approximating 8.97 acres into a 47 lot single-family
residential subdivision consisting of market rate and below market rate housing,
on property located west of Kern Avenue, north of Mantelli Drive.
The Mayor stated it was the time and place scheduled for a Public Hearing
on a Tentative Map request to subdivide a parcel approximating 48.52 acres into a
75 lot single-family residential subdivision, on property located east of Santa
Teresa Boulevard, between North and South Morey Channel, proposed to be
zoned Rl/R3-PUD (Single Family Residential/Medium Density Residential-
Planned Unit Development). Orchard Valley Communities, applicant, TM 98-05.
Motion was made by Councilman Springer, seconded by Councilwoman
Arellano and carried (Councilmember Morales absent), to continue the public
hearing on TM 98-05 to August 3, 1998.
At 8:50 p.m., the Mayor called for a recess, after which he reconvened the
meeting at 8:57 p.m.
The Mayor noted the Ballot Arguments in favor of the upcoming Charter
Amendments to Sections 800, 811, 1000, and 1104.
Motion was made by Councilman Springer, seconded by Councilwoman
Arellano and carried (Councilmember Morales absent), approving the Ballot
Arguments submitted by the Mayor/City Council as amended to delete "pass" and
replace with "vote yes on" on each Argument, and additionally delete "to"
(reduce) and insert "which will" (reduce) on the Argument for Section 1104.
San Martin The Mayor noted a request for Additional Funds for the San Martin Family
Fam.Lvg.Ctr. Living Center Emergency Housing Consortium.
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A/S 98-20
A/S 98-25
Mayor
Protem.
SCVWD
The staff report was noted and further explained by HCD Coordinator
Yurutucu, and she answered several questions posed by Councilmembers.
Motion was made by Councilman Sudol, seconded by Councilwoman Gifford,
and carried (Councilmember Morales absent), approving $3,750 in additional
financial assistance to the San Martin Family Living Center Emergency Housing
Consortium, and suggested the City of Morgan Hill provide an additional
contribution of $1 ,250 to match the City of Gilroy's contribution.
Architectural and Site Planned Unit Development Design Review for the
construction of75 single family dwellings located west of Thomas Road, west of
Raspberry Court and Oakbrook Way, north of Babbs Creek, zoned Rl/R3-PUD
(Single Family Residential/Medium Density Residential-Planned Unit
Development). Orchard Valley Communities, applicant, A/S 98-20.
Councilman Sudol recused himself from voting on A/S 98-20 due to the
proximity of his personal residence to the project site.
The staff report was noted and further explained by Planning Division
Manager Faus, and he answered several questions posed by Councilmembers.
Motion was made by Councilman Springer, seconded by Councilwoman
Rowlison, and carried (Council members Morales and Sudol absent), approving
the Architectural and Site Planned Unit Development Design Review for the
construction of75 single family dwellings located west of Thomas Road, west of
Raspberry Court and Oakbrook Way, north of Babbs Creek.
Architectural and Site Planned Unit Development Design Review for the
construction of 47 single family dwellings located west of Kern A venue, north of
Mantelli Drive, zoned Rl//R3-PUD (Single Family Residential/Medium Density
Residential-Planned Unit Development). South County Housing, applicant,
A/S 98-25.
The staff report was noted and further explained by Planner II Durkin, and she
answered several questions posed by Councilmembers.
Motion was made by Councilwoman Rowlison, seconded by Councilwoman
Arellano and carried (Councilmember Gifford voted no; Councilmember Morales
absent), approving the Architectural and Site Planned Unit Development Design
Review for the construction of 47 single family dwellings located west of Kern
A venue, north of Mantelli Drive.
The Mayor noted the necessity to appoint a Mayor Protempore for the period
from August 2, 1998 to March 31, 1999.
Motion was made by Councilman Springer, seconded by Councilwoman
Rowlison and carried (Councilmember Morales absent), approving the
appointment of Councilman Anthony C. Sudol III as Mayor Protempore for the
period from August 2, 1998 to March 31, 1999.
The Mayor asked ifthere was anyone in the audience wishing to speak on any
matter not on the agenda.
The Mayor noted the letter from the Santa Clara Valley Water District
requesting consideration of a resolution to ban Methyl Tertiary Butyl Ether
(MTBE).
Motion was made by Councilman Sudol, seconded by Councilwoman
Rowlison and carried (Council member Morales absent), directing Councilman
Springer to prepare a Resolution in support of the request.
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Legislation:
League of California Cities Legislative Bulletin #25-1998 dated July 7, 1.998.
League of California Cities memorandum regarding media and grassroots
campaign underway to defeat VLF repeal proposal.
City of Mill Valley memorandum urging adoption of resolution against
Vehicle License Fee Repeal.
City of Morgan Hill letter to The Honorable Bruce McPherson regarding
opposition to AB 1986, concerning issues relating to the Upper Pajaro River
Watershed.
Correspondence re: General Plan Update:
May, 1998 Activity Report.
June, 1998 Activity Report.
List of General Plan Update Committee Sub-committee meetings.
Customer Service:
Letter from Roberta H. Hughan, California Air Resources Board, in
appreciation for the assistance of Bob Connelly.
Note of thanks from Robert Maikian to Don Nunes for assistance with
research.
Letter ofthanks from Ken Cooper, Leadership Gilroy, to Norm Allen for his
participation on a panel describing the City of Gilroy's involvement in Economic
Development.
Note of thanks from Philip Velasco to Mayor Gilroy in appreciation for
assistance in having a mattress removed from his property and for having the
storm drains cleaned.
Letter of appreciation from Fred H. Lau, Chief of Police, City and County of
San Francisco, for the Gilroy Police Department Mounted Unit's participation at
the funeral service of Officer Jeanne McVeigh.
Letter of appreciation from Lani Yoshimura, Community Librarian, Gilroy
Library, for City of Gilroy staff assistance for use of city facilities and also for
care of the library grounds.
Letter from Assemblyman Peter Frusetta to Al Gagliardi congratulating him
on his hard work as a Wipe Out Watch graffiti abatement volunteer.
Note from Councilmember Chris Manson, City of Dixon, regarding the City
of Gilroy.
Informational items:
Drought Alert Calculations, Summary of Monthly Water Production, June, 1998.
Gilroy Visitors Bureau Advisory Council, Minutes of June II, 1998.
Article from The Denver Post, dated July 10, 1998, entitled Erasing graffiti's stain.
Letter from Carol Cooper to Mayor Gilroy expressing sincere thanks for
proclaiming June 30, 1998 as Dr. Carol Cooper Day.
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Plan.Com.
6-4-98
Plan.Com.
7 -1-98
Jt.Workshop
w/GUSD
9-30-98
PlO
Election
Res. 98-38
The minutes of the Planning Commission Meeting of June 4, 1998 were noted.
The Report of the Planning Commission Meeting of July I, 1998 was noted.
City Administrator Baksa noted the request to set a Joint Workshop of the
Gilroy City Council and the Gilroy Unified School District Board of Education on
September 30, 1998 at the School District offices. The Council agreed by
consensus on the date of September 30, 1998 for the joint workshop with the
Gilroy Unified School District Board of Education. Councilman Sudol will be
unable to attend.
Public Information Officer Jim McCann provided an update on the status of
the negotiations with Falcon Cable, and the recent conference he attended.
Deputy City Attorney Faber discussed the preparation of an impartial
analysis of the proposed Charter Amendments/ballot measures.
Motion was made by Councilman Sudol, seconded by Councilwoman Gifford
and carried (Councilmember Morales absent), directing the City Attorney to
prepare an impartial analysis of the proposed Charter amendments/ballot
measures.
Deputy City Attorney Faber discussed the proposed resolution approving the
designation of Jolie Houston as an Assistant City Attorney for the City of Gilroy.
Motion was made by Councilman Sudol, seconded by Councilman Springer
and carried (Councilwoman Arel1ano voted no; Council member Morales absent),
approving Resolution 98-38 designating Jolie Houston as an Assistant City
Attorney for the City of Gilroy.
RESOLUTION 98-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING THE DESIGNATION OF JOLIE HOUSTON AS AN
ASSISTANT CITY ATTORNEY FOR THE CITY OF GILROY.
PASSED AND ADOPTED this 20th day of July, 1998, by the following vote;
AYES: COUNCILMEMBERS: GIFFORD, ROWLISON,
SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: ARELLANO
ABSENT: COUNCILMEMBERS: MORALES
The Mayor noted the 90 Day City Council calendar, a list of upcoming
meetings.
The Mayor noted the status of the Vehicle License Fee legislation and also
noted that the State Legislature was investigating Internet Sales Tax.
Lib.Com.Appt. The Mayor noted the necessity to appoint a member for the Library
Commission.
Council member Gifford left the dais at 9:28 p.m.
Motion was made by Councilwoman Arellano, seconded by Councilwoman
Rowlison and carried (Councilmembers Springer and Sudol voted no;
Councilmembers Gifford and Morales absent), appointing Everett "Bud" Burchell
to the Library Commission.
Councilmember Gifford returned to the dais at 9:30 p.m.
Councilwoman Rowlison noted the General Plan Update Committee updates
included in the packet as she had requested at the previous meeting. She stated
that she will be attending the League of California Cities Conference in Monterey
on Thursday, July 23, 1998.
Adjrnmt.
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Councilmember Gifford noted a workshop presented by the League of
California Cities on Conducting Successful Revenue Elections to be held
August 12, 1998 in Sacramento.
Councilmember Arellano reported on the open house she attended hosted by
the Economic & Social Opportunity, Inc., where she accepted a plaque presented
to the City in appreciation.
The Mayor noted the following meetings/events:
City Council Study Session - July 27, 1998 at 7:00 p.m. at the Gilroy Senior
Center, 7371 Hanna Street, Gilroy, California to review the City of Gilroy
Standard Details for Offsite Improvements (New Streets, Utilities-water, sewer,
storm drains, Electrical-street lighting, etc.).
The cancellation of the August 17, 1998 meeting of the City Council was
also noted.
At 9:39 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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/s/ PATRICIA NTSON
Deputy City Clerk