Minutes 1998/10/05
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Posting
Agenda
Roll Call
New
Employee
Proc.-Arts &
Humanities
Regular Meeting
October 5, 1998
Gilroy, California
The Mayor announced that the Council had adjourned from a Closed Session
regarding Threat to Public Services, 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 October 1, 1998
at 10:51 a.m.
Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles
S. Morales, Suellen C. Rowlison, Thomas W. Springer, and K. A. Mike Gilroy;
Absent: Councilmember Anthony C. Sudol III - 7:06 p.m.
The Mayor introduced new employee Monica Souza, Clerk Typist I, Police
Department.
The Mayor presented a proclamation to Arline Silva for National Arts and
Humanities Month - October, 1998.
Councilwoman Rowlison invited everyone to the October 23, 1998 Arts Build
Communities Conference and Grants Program in San Jose.
Pres.-I998 Len Pugh presented the Mayor with the 1998 Purchase Award from the "Local
Purch.Award Essence Art and Culture Exhibit" and introduced the artist Lola Chardon.
Proc.-Fire Prevo The Mayor noted a proclamation for Fire Prevention Week - October 4-10,
Week 1998, and that it had been presented previously.
Consent
Calendar
Res. 98-58
Minutes
Budget
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, Suellen C. Rowlison, Thomas W.
Springer, and K. A. Mike Gilroy; Absent: Councilmember Anthony C. Sudol III:
Adopted Resolution No. 98-58 honoring and commending the services of
Robert R. Ledesma, Assistant Fire Chief/BLES Division Manager, upon his
retirement;
RESOLUTION NO. 98-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
HONORING AND COMMENDING THE SERVICES OF ROBERT R
LEDESMA, ASSISTANT FIRE CHIEF/BLES DIVISION MANAGER, UPON
HIS RETIREMENT.
PASSED AND ADOPTED this 5th day of October, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: SUDOL
Minutes of the Regular Council Meeting of September 21, 1998;
Budget Amendments/Transfers as recommended;
Authorization to begin the Request for Qualifications (RFQ) process to select
bond advisors to facilitate the refunding of the South County Regional Wastewater
Authority (SCRW A) and Gilroy Public Facilities Financing Authority Bonds;
Purchase- 73 10 Purchase of property located at 7310 Dowdy Street, APN 799-17-044 for
Dowdy St. Shirley May Wilson;
RFQ for
SCRWA
7 i~ 4 i
Purchase-7340 Purchase of property located at 7340 Dowdy Street, APN 799-17-047 for
Dowdy St. Lurline & John Castro;
Res. 98-59 Adopted Resolution No. 98-59 making certain findings required by the
California Environmental Quality Act in connection with a project requiring a
Conditional Use Permit, Variance and Architectural and Site approval to allow the
development of a shopping center for which an Environmental Impact Report has
been prepared, and adopting mitigation measures and approving a mitigation
monitoring program for the project (CUP 98-03, V 98-08, A/S 98-24-PUD: Home
Depot);
RESOLUTION NO. 98-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
MAKING CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT IN CONNECTION WITH A PROJECT
REQUIRING A CONDITIONAL USE PERMIT, VARIANCE AND
ARCHITECTURAL AND SITE APPROVAL TO ALLOW THE
DEVELOPMENT OF A SHOPPING CENTER FOR WHICH AN
ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED, AND
ADOPTING MITIGATION MEASURES AND APPROVING A MITIGATION
MONITORING PROGRAM FOR THE PROJECT (CUP 98-03, V 98-08, A/S
98-24-PUD: HOME DEPOT).
PASSED AND ADOPTED this 5th day of October, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: SUDOL
Res. 98-60 Adopted Resolution No. 98-60 approving A/S 98-24 (PUD), an application for
Architectural and Site approval of a Planned Unit Development (PUD) for Home
Depot involving approximately 14.22 acres, APN 835-04-019;
RESOLUTION NO. 98-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S 98-24 (PUD), AN APPLICATION FOR ARCHITECTURAL
AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR
HOME DEPOT INVOLVING APPROXIMATELY 14.22 ACRES, APN 835-04-
019.
PASSED AND ADOPTED this 5th day of October, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: SUDOL
GTE Subpena Issued an administrative subpena for GTE regarding utility user tax records of
GTE relating to taxes owed to the City of Gilroy.
Chuck Wear, Physically Challenged Board of Appeals, gave his report noting
the need for an accessibility lift for the historical museum, but noted there are no
funds for that currently. He stated there is potential for litigation because of this
situation. He stated that ADA improvements are planned for Christmas Hill Park
using CDBG funds. He noted that ADA improvements were to be completed by
July 1, 1997, and that we have had over eight years to complete these
improvements. The City Administrator noted that the Board of Appeals will be
working on a priority list for the Capital Improvement Budget, which the Council
will review and approve.
Bid-Sixth St. City Administrator Baksa presented recommendations to award the bid of
Sidewalk Imp. Golden Bay Construction, Inc. in the amount of$52,348.00 for Sixth Street
Sidewalk Improvements (98-CDD-504).
Councilmember Arellano requested the start and end dates for this project.
7242
Pub. Hearing
Williamson
Act Cancel-
lation
Pub. Hearing
M 98-09/
AHE 98-03
Rename
Street
Motion was made by Councilmember Gifford, seconded by Councilman
Morales and carried (Councilman Sudol absent) that the bid by Golden Bay
Construction, Inc. in the amount of$52,348.00 be awarded for the Sixth Street
Sidewalk Improvements (98-CDD-504).
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a request to consider cancellation of a Williamson Act Contract on
approximately 3.84 acres of land located between Miller Avenue and Mesa Road,
APN 810-23-007, the Gilroy Presbyterian Church, applicant.
The staff report was noted and further explained by Planner II Durkin.
The Mayor opened the Public Hearing.
Bill Henry, Garcia and Henry, 7423 Monterey Street, explained the request and
stated he was present to answer any questions.
The Mayor closed the Public Hearing.
Councilmember Arellano stated that she is voting in favor of the request,
because she can find in favor of each of the findings and this is a unique parcel.
City Attorney Callon stated that this is a tentative cancellation, and conditions
will have to be fulfilled including payment of cancellation fees and an alternative
use finalized.
Motion was made by Councilman Morales, seconded by Councilman Springer
and carried (Councilman Sudol absent) to direct staff to prepare a resolution
approving the cancellation of a Williamson Act Contract.
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) to construct 114 residential units, consisting of a mix of 54
below market rate and low income homes, 30 multi-family rental units and 30
senior rental units, on property located between Santa Teresa Boulevard and Kern
Avenue, north ofMantelli Drive, zoned R1/R3-PUD (Single Family ResidentiaV
Medium Density Residential-Planned Unit Development), M 98-09/AHE 98-03.
South County Housing, applicant.
The Mayor noted that this Public Hearing has been continued for two weeks.
The Mayor noted a request to rename Travel Park Circle to Garlic Farm
Circle, off south Monterey Street.
The staffreport was noted and further explained by Councilmember Arellano.
Howard Vierra, applicant, explained the request for a name change. He stated
that this project had not changed, and had always been a travel park.
Motion was made by Councilmember Gifford, seconded by Councilmember
Arellano and carried (Mayor Gilroy voting no and Councilman Sudol absent) to
maintain the name Travel Park Circle for this location.
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.
The following information items were noted with no separate discussion on
same:
Legislation:
League of California Cities Legislative Bulletin #31-1998 dated September 21,
1998; and
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Letter of thanks from Senator Bruce McPherson to Jay Baksa for attending the
15th Senate District Local Government Task Force meeting.
Customer Service:
Letter of thanks from Herb Schmitt and Fred Gardner to Bryan Stice for his
help and guidance through the approval process;
Letter of appreciation from David R. Elliott, Gilroy Unified School District, to
Bob Lewis, Matt Sullivan, Greg Kossob, Paul Bischoff, and Jeff Castro for
completing emergency repairs of the water main on Third Street which provides El
Roble School with water;
Letter of appreciation from Pamela Garcia, Affordable Roofing, for the
"outstanding" beyond-the-cal1-of-duty service by the Building Division;
Note of thanks from Victor Velasquez to Chad, Julie, Susan and Blandy,
playground leaders at Jordan School;
Cal1 from Mrs. Blake complimenting George Ocampo and Jane Alexander for
their assistance with a problem;
Memorandum of appreciation from Chief Giusiana to Sgt. Sheedy, Corporal
Johnson, Officers Hernandez, Snow, and Kadluboski for their successful efforts in
response to an auto burglary in progress;
Letters of appreciation from Officer Noel Provost and his Gilroy High School
"Law Enforcement" class to Officer Nestor Quinones and Police Explorer Felipe
Begines for their participation as guest speakers; and
Letter of appreciation from Sheriff Gillingham, Santa Clara County, to Acting
Sgt. Castaneda, Officers Gal1o, Zen, Gal1acinao, and Dekelaita for their assistance
at the 1998 Santa Clara County Fair.
Informational items:
Police Chiefs Advisory Group Meeting minutes of September 9, 1998;
Notification that painting of new bike legends west of Santa Teresa Boulevard
has been completed, and the painting of the remaining legends are on going;
City of Gilroy Investment Report, August, 1998;
Community Development Department - Planning Division monthly report of
long-range applications and status ofRDO allocation & Activity; and
Letter from Ann Maloney applauding the City Council decision to al10w low
income housing at Santa Teresa Boulevard and First Street, and a request to
approve a development that includes patio houses.
Plan. Com.
9-17-98
The report of the Planning Commission meeting of September 17, 1998 was
noted.
Council Salary The City Administrator reported on possible Mayor and City Council salary
Adjustments adjustments.
Consensus was to have the City Attorney draft a resolution to increase salaries.
The City Administrator requested meetings and Council set October 20, 1998
at 7:00 p.m. for a Study Session on Impact Fees for Infrastructure and October 29,
1998 at 7:00 p.m. for a Study Session to discuss Affordable Housing Tax Credits.
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It
The Mayor noted the 90 day City Council calendar, a list of upcoming
meetings. The Mayor commented on the voting at the League of California Cities
Conference regarding SB 50 (School Bond issue) and that the League is against it.
He noted an article in the Dispatch today recognizing seven AP Scholars including
Mario Alcantar, Tom Hewitt, Benjamin Kohler-Crowe, Gabriel Montes, Aaron
Rutman, Kathryn Zuhr and Joshua Bress.
Councilmember Gifford noted a workshop on post earthquake response, to be
held on Friday, November 20, 1998 for emergency services personnel and also that
life insurance through ABAG saved the City of Pleasant on $13,000.
Councilmember Arel1ano asked if the AAUW is holding a forum for those
running for school board and if it wil1 be televised and was told that it is being held
and will be televised.
Councilman Springer noted sessions he attended at the League of California
Cities Conference regarding graffiti eradication funding through CDBG and a
session on the correlation between alcohol sales concentration and domestic
violence.
Dismissal of
GPUC
Members
The Mayor noted a recommendation to dismiss three members and five
alternates on the General Plan Update Committee.
Motion was made by Councilwoman Rowlison, seconded by Councilmember
Gifford to dismiss three members & five alternates as recommended.
Councilmember Arel1ano offered a friendly amendment to the motion to not
dismiss the five alternates, which was agreed to by Councilmembers Rowlison and
Gifford, and the motion carried (Councilman Sudol absent).
The General Plan Update Committee, August 19, 1998 Activity Report was
noted.
The Mayor noted the fol1owing meetings/events:
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 ofthe 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.
Eli Reinhart Eli Reinhart, Arcadia Development Company, spoke regarding his
development in the City of Gilroy. He noted the Subdivision Map Act, specifical1y
sections with regard to the approval of Final Maps. He requested Council ask the
administration to bring the final map forward at the next council meeting.
The City Attorney stated that Council cannot direct staff to place it on the next
agenda, but the Council can direct staff to look into the issue.
Consensus was to direct staff to address the issue and take appropriate action.
Adjrnmt.
At 8:25 p.m. the Mayor adjourned the meeting.
Respectful1y submitted,
w~l2z~
/s/ RHONDA PELLIN
City Clerk