Minutes 1998/09/21
Posting
Agenda
Roll Call
New
Employee
Emp. Award
Vol. Award
Proc.-Darrel
Cole Day
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Regular Meeting
September 21, 1998
Gilroy, California
The Mayor announced that the Council had adjourned from a Closed Session
regarding Conference with Labor Negotiator, pursuant to Government Code
Section 54957.6 and that no action had been taken.
The Mayor announced that the Council had adjourned from a Closed Session
regarding Conference with Real Property Negotiator, pursuant to Government
Code Section 54956.8 and that no action had been taken.
The Mayor announced that the Council had adjourned from a Closed Session
regarding Public Employee Performance Evaluation, pursuant to Government
Code Section 54957 and that no action had been taken.
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the Agenda had been posted on September 17, 1998
at 11 :35 a.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 - 7:00 p.m.
The Mayor noted that the Public Hearing on the Williamson Act contract
cancellation for the Gilroy Presbyterian Church will be continued to October 5,
1998, in case anyone was in the audience for this issue.
The Mayor introduced new employee Cindy Murphy, Finance Director,
Administrative Services Department.
The Mayor presented the Employee Award for the Month of August, 1998, to
Arlene Jeske, Account Clerk II, Administrative Services Department.
The Mayor presented the Volunteers of the Month of August, 1998 Award to
the LDS Missionaries.
The Mayor noted a Proclamation for Darrel Cole Day - September 4, 1998,
which was previously presented to Darrel Cole.
Proc.-Lawsuit The Mayor presented a Proclamation for Lawsuit Abuse Awareness Week-
Abuse Aware- September 21-25, 1998, to Terry Feinberg.
ness Week
Proc.-Pollution The Mayor noted a Proclamation for Pollution Prevention Week-
Prevention September 21-27, 1998 which was previously mailed to Santa Clara County
Week Pollution Prevention Committee.
Consent
Calendar
Motion was made by Councilmember Gifford, seconded by Councilman
Springer and carried that the following items under the Consent Calendar be
approved removing item A. re: Request for approval of a salary adjustment for
Police Reserve Officers., item E. re: Request to approve Purchase and Sale
Agreement for the Howson Property., and item G. re: Request to approve
Property Improvement Agreement No. 98-52 & 98-53 and Tract Map 9112 for
South County Housing., 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: Councilmember
Charles S. Morales:
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Res. 98-54 Adopted Resolution No. 98-54 authorizing installation of an all-way stop
control at the Church StreetIMantelli Drive/Lilly Avenue Intersection;
RESOLUTION NO. 98-54
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF
CHlJtCH STREET/MANTELLI DRIVE/LILL Y AVENUE IN THE CITY OF
GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE
PASSED AND ADOPTED this 21 st day of September, 1998, by the following
vote;
AYES:
COUNCILMEMBERS: ARELLANO, GIFFORD, ROWLISON,
SPRINGER, SUDOL, and GILROY
COUNCILMEMBERS: NONE
COUNCILMEMBERS: MORALES
NOES:
ABSENT:
Claims Denied claims of Poley Greenwood; Patrick-Jaime Goold; Eddie Miranda;
Joseph Ceciliani; William & Lynelle Hutson; and Scott & Lori Middleton;
Res. 98-55 Adopted Resolution No. 98-55 authorizing installation of an all-way stop
control at the Rancho ReaWista Del Sur Intersection;
RESOLUTION NO. 98-55
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF
RANCHO REAL/VISTA DEL SUR IN THE CITY OF GILROY PURSUANT
TO SECTION 15.40 OF THE CITY CODE
PASSED AND ADOPTED this 2 I st day of September, 1998, by the following
vote;
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: ARELLANO, GIFFORD, ROWLISON,
SPRINGER, SUDOL, and GILROY
COUNCILMEMBERS: NONE
COUNCILMEMBERS: MORALES
Res. 98-56 Adopted Resolution No. 98-56 establishing the 1998 Salary Schedule for
Exempt Personnel;
RESOLUTION NO. 98-56
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
EST ABLISHING THE 1998 SALARY SCHEDULE FOR EXEMPT
PERSONNEL.
PASSED AND ADOPTED this 21 st day of September, 1998, by the following
vote;
AYES:
COUNCILMEMBERS: ARELLANO, GIFFORD, ROWLISON,
SPRINGER, SUDOL, and GILROY
COUNCILMEMBERS: NONE
COUNCILMEMBERS: MORALES
NOES:
ABSENT:
MOU-Police
Memorandum of Understanding between the City of Gilroy and the Gilroy
Police Officers Association, Inc., Police Unit, July 1, 1998 - June 30, 2001; and
Minutes
Minutes of the Regular Council Meeting of September 8, 1998.
Salary Adj.-
Pol. Res. Off
Motion was made by Councilman Springer, seconded by Councilmember
Gifford and carried (Councilman Morales absent) to approve the salary
adjustment for Police Reserve Officers.
Howson Prop. Motion was made by Councilman Springer, seconded by Councilmember
Gifford and carried (Councilman Morales absent) to approve the Purchase and
Sale Agreement for the Howson Property for the Uvas Creek Park Preserve
Staging Area and Neighborhood Park at Santa Teresa Boulevard Bridge, APN
808-01-014.
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Prop.Imp.Agr. Motion was made by Councilwoman Rowlison, seconded by Councilman
No.98-52&53 Springer and carried (Councilmember Gifford voting no and Councilman Morales
Tr.Map 9112 absent) to approve the Property Improvement Agreement No. 98-52 & Parcel
Map - Villa Esperanza, South County Housing and Property Improvement
Agreement No. 98-53 & Tract Map 9112 - Los Arroyos and Tract 9112
Improvement Plans, South County Housing.
Pub. Hearing
Williamson
Act Cancel.-
Gilroy Pres-
byterian Ch.
--
The Mayor stated it was the time and place scheduled for a Public Hearing on
a request to consider cancellation of a Williamson Act Contract on approximately
3.84 acres ofland located between Miller Avenue and Mesa Road, APN 810-23-
007, the Gilroy Presbyterian Church, applicant.
The Mayor noted that this item has been continued to the October 5, 1998
Council meeting.
Police Facility The Mayor noted a request to approve purchase of property 10cated at I) 7310
Dowdy Street (Shirley May Wilson), 2) 7330 Dowdy Street (Martin & 1. Quiroz)
and 3) 7340 Dowdy Street (Lurline & John Castro) for the Police Department
facility.
The City Attorney requested this item be continued to October 5, 1998.
Motion was made by Councilman Springer, seconded by Councilmember
Arellano and carried (Councilman Morales absent) to continue action on this item
to October 5, 1998.
Sandy Stanford The Mayor noted a letter from Sandy Stanford resigning from the Arts and
Culture Commission effective immediately.
Motion was made by Councilman Sudol, seconded by Councilman Springer
and carried (Counci)man Morales absent) to accept the resignation with regrets.
Com./Bd.Appts. The Mayor noted City Commission and Board Appointments effective January
1, 1999 to Expire December 31, 2002.
Proc.-JTPN
Employer
Award
NS 98-24
Motion was made by Councilman Sudol, seconded by Councilwoman
Rowlison and carried (Councilman Morales absent) to set November 20, 1998 as
the deadline to receive applications for commission and board vacancies.
Motion was made by Councilman Sudol, seconded by Councilman Springer
and carried (Councilman Morales absent) to set December 14, 1998 for candidate
interviews.
The Mayor deviated from the regular order of the agenda to accommodate
interested persons in the audience.
The Mayor presented a Proclamation to Antonio Zepeda commending him on
receiving the 1998 JTP A/Employer Award and noted that Maritza Muniz and
Daniel Lopez also received this award and proclamation.
The Mayor continued with the regular order of the agenda.
The Mayor noted that Councilman Springer's daughter, Cindy Springer, was in
the audience and that she was celebrating her 17th birthday.
The Mayor noted a request for an Architectural and Site review design
approval for the construction of an approximate 129,802 sq.ft. Home Depot
building and garden center, as well as approval of the site plan for the overall
development, on property located on the east side of San Y sidro Avenue, midway
between Leavesley Road and Las Animas Avenue, zoned M1 and C3-PUD
(Limited Industrial and Shopping Center Commercial-Planned Unit Development),
NS 98-24. Greenberg Farror Architecture (for Home Depot), applicant.
7236
The staff report was noted and further explained by Planner II Durkin, noting
that there are actually 13 mitigation measures, rather than )4 as stated in the staff
report.
Traffic Engineer Abrams answered various questions from Councilmembers
regarding possible traffic problems for this project.
Councilman Springer requested some additional wording in condition #16
regarding seeking reimbursement through the City. The City Attorney stated that
she will look at this issue when drafting the resolution.
Geary Coats, on behalf of Home Depot, thanked staff and Council for
assistance in moving this project along quickly. He clarified condition # 16 for the
Council. He stated that he would like all options available to speed the process.
He distributed a drawing of a change in the architecture. At the request of
Councilwoman Rowlison, he stated that the applicant has agreed to remove the
orange stripe on the building.
Jeff Nichols, Home Depot, stated that he appreciates the work staffhas done
and that he felt the City welcomes their company.
Councilmember Arellano requested review of the driveway into Denny's
because of a safety concern.
Motion was made by Councilman Sudol, seconded by Councilmember Arellano
and carried (Councilman Morales absent) to certifY that the EIR is complete and in
compliance with CEQ A and reflects the independent judgment of the City.
Motion was made by Councilman Sudol, seconded by Councilmember Arellano
and carried (Councilman Morales absent) to direct staff to prepare a resolution
approving the request.
Council consensus was that staff bring back wording regulating further
commercial development on San Y sidro to the north of this project, unless the
developer can prove that no further degradation of the Level Of Service (LOS)
will occur.
Naming Parks The Mayor noted a request to name the City park located on Calle del Rey
"Del Rey Park" and the City park located on Mante11i Drive "Rainbow Park".
The staff report was noted and further explained by Community Services
Director Connelly.
The City Administrator noted a celebration will be held for the opening of the
parks and those citizens who made the nominations will be so recognized.
Motion was made by Councilman Sudol, seconded by Councilwoman
Rowlison and carried (Councilman Morales absent) to approve naming the City
park located on Calle del Rey "Del Rey Park" and the City park located on
Mantelli Drive "Rainbow Park".
Cable Television The Mayor noted a request to approve transfer of the cable television
Transfer franchise.
The request was explained by Public Information Officer McCann noting a few
minor corrections to the agreement.
Councilman Springer requested a minor wording change on Section 3.2 of the
agreement for transfer of the cable television franchise to add the words "it is
recognized that" to the last sentence in the section beginning with
"Notwithstanding the foregoing,... " .
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Res. 98-57
Motion was made by Councilwoman Rowlison, seconded by Mayor Gilroy and
carried (Councilman Morales absent) that the reading of Resolution No. 98-57 be
waived and that it be adopted approving transfer of the cable television franchise.
RESOLUTION NO. 98-57
RESOLUTION OF THE CITY OF GILROY APPROVING TRANSFER OF
CABLE TELEVISION FRANCHISE.
PASSED AND ADOPTED this 21st day of September, 1998, by the following
vote;
AYES:
COUNCILMEMBERS: ARELLANO, ROWLISON, SPRINGER,
and GILROY
COUNCILMEMBERS: GIFFORD and SUDOL
COUNCILMEMBERS: MORALES
NOES:
ABSENT:
At 8:50 p.m. the Mayor called for a recess, after which he recalled the meeting
to order.
RDO Exemption The Mayor noted a request for a determination of which Residential
Development Ordinance exemption applies to a 225 unit affordable housing
project located on the southwest corner of Santa Teresa Boulevard and Hecker
Pass Highway and whether a senior citizens assisted living facility is subject to the
Residential Development Ordinance, the Spectrum Group, applicant.
The staff report was noted and further explained by City Administrator Baksa
and Planner II Durkin.
Dan Young, Spectrum Group, introduced Brian Myers, Spectrum Group, and
John Webb, Foundation for Social Resources, and the landowners AI DeFrancesco
and John Andrade. He explained what the Spectrum Group does and how they
coordinate projects. He distributed information regarding projects he has been
involved with.
John Webb reviewed projects that he has been involved in.
Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried (Councilmember Arellano voting no and Councilman Morales absent)
to determine that Residential Development Ordinance exemption Section
50.62(b)(3) applies to a 225 unit affordable housing project located on the
southwest corner of Santa Teresa Boulevard and Hecker Pass Highway.
Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried (Councilman Morales absent) to determine that this senior citizens
assisted living facility is not subject to the Residential Development Ordinance.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
Cynthia Walker reviewed information regarding day time curfew ordinances.
City Attorney Callon stated that she has had no information from the City of
Monrqvia regarding day time curfew ordinances.
'"
The following information items were noted with no separate discussion on
same:
Legislation:
League of California Cities Legislative Bulletin #30-1998, dated September 3,
1998.
72=)8
Pers. Com.
7-20-98
P&R Com.
8-18-98
P& R Com.
9-15-98
A&C Com.
8-11-98
Lib.Com.
8-12-98
Sr.Adv.Bd.
8-17-98
Customer Service:
Letter of appreciation from Chuck Reed to Jay Baksa for his service on the
Charter Review Committee.
Informational items:
Topics of discussion from recent neighborhood meetings;
Article from the San Jose Mercury News, September 13, 1998, entitled Novel
approach trims Boston's youth crime rate;
Notification of approval of the Overall Economic Development Program
(OEDP) and the Neighborhood Revitalization Strategy (NRS);
Community Development Department - Planning Division, Monthly Report of
Long-Range Applications and Status ofRDO Allocation & Activity, dated
September 4, 1998;
Certificate of Commendation for Mike Terasaki, Police Department Employee
of the Month for July 1998;
Visitors Bureau Minutes of August 13, 1998; and
Article from Home School Court Report, May/June 1998, regarding Harrahill,
et al. v. City of Monrovia.
The minutes of the Personnel Commission meeting of July 20, 1998 were
noted.
The minutes of the Parks & Recreation Commission meeting of August 18,
1998 were noted.
The report of the Parks & Recreation Commission meeting of September 15,
1998 was noted.
The minutes of the Arts and Culture Commission meeting of August 11, 1998
were noted.
The minutes of the Library Commission meeting of August 12, 1998 were
noted.
The minutes of the Senior Advisory Board meeting of August 17, 1998 were
noted.
The City Administrator reviewed the process for the study of the soundwall
issues. He noted that the Parks and Recreation Commission discussed the issue at
their August 18, 1998 meeting, and the Planning Commission will agendize it for
their next meeting. He explained that the results of the meetings will be forwarded
to the City Council to set priorities. He noted that the Museum painting will be
completed according to the contractor by October 2, 1998. He stated that the date
in the contract for completion is October 6, 1998. He gave an update on the
Sunrise Drive issue, stating that nothing has been resolved to bring back to the
Council.
Conflict of TheCity Attorney noted the 1998 Local Agency Biennial Notice regarding
Interest Code revisions to the City of Gilroy Conflict of Interest Code. She reviewed the
proposed changes.
The City Attorney stated that the Attorney General has made the
determination, and published the finding, that the City of Gilroy may use park "in
lieu" fees for construction of a cultural facility.
Adjrnmt.
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The Mayor noted the 90 day City Council calendar, a list of upcoming
meetings. He stated that there will be a South County Regional Wastewater
Authority meeting tomorrow morning at 7:30 a.m.
Councilman Sudol noted the General Plan Update Committee and
subcommittee re: selection of alternates felt that no alternates were needed to
complete the project. Council consensus was that seven additional alternates can
be chosen.
Councilmember Arellano noted a request to allow non-profit organizations to
sell state-approved fireworks between December 26, 1999 and January 1,2000 to
celebrate the "Millennium" and California's "Sesquicentennial". It was noted that
this will be discussed during the Fire Department report in the fall. She stated that
she will miss the meetings scheduled for September 28 & 30, 1998.
Councilwoman Rowlison stated that she attended the Chitactac Adams
Heritage County Park dedication on September 12, 1998. She questioned whether
any other Councilmembers were interested in attending the League breakfast.
The Mayor noted the following meetings/events:
City Council Study Session - September 28, 1998 at 7:00 p.m. at the Gilroy
City Council Chambers, 7351 Rosanna 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.) and Discussion of the
Maintenance Endowment Fund.
Joint Workshop - City Council and Gilroy Unified School District Board of
Education, September 30, 1998, 7:00 p.m., Gilroy Unified School District Board
Room, 7810 Arroyo Circle, Gilroy, California.
League of California Cities Conference - City Council to attend Annual
Conference, October 2-4, 1998, Long Beach, California.
Neighborhood Meeting - City Council will hold a Neighborhood Meeting,
October 12, 1998, 7:00 p.m., Gilroy High School Library, 750 West Tenth Street,
Gilroy, California regarding items of community or neighborhood interest.
City Council Study Session - October 26, 1998 at 7:00 p.m., Gilroy Senior
Center, 7371 Hanna Street, Gilroy, California, to review the role of the City of
Gilroy in graffiti removal.
Joint Study Session - City Council and Planning Commission, November 9,
1998, 7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, California, to
discuss items of mutual interest.
At 10:40 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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/s/ RHONDA PELLIN
City Clerk