Minutes 1998/10/19
Invocation
Posting
Agenda
Roll Call
New
Employee
V 01. Award
Emp. Award
Consent
Calendar
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Regular Meeting
October 19, 1998
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Malcolm MacPhail, New Hope Community Church, gave the
Invocation and thanked the citizens of Gilroy for their assistance during his health
concerns.
The City Clerk noted that the Agenda had been posted on October 15, 1998
at 11:35 a.m.
Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles
S. Morales, Suellen C. Rowlison, Thomas W. Springer, Anthony C. Sudol III, and
K. A. Mike Gilroy - 7:04 p.m.
The Mayor introduced new employee Carolyn Jarvis, Clerk Typist I, BLES
Division, Community Development Department.
The Mayor presented the Volunteer of the Month of October, 1998 Award to
Carlos Alvarez.
The Mayor presented the Employee Award for the Month of September, 1998,
to Annabel Yurutucu, Housing and Community Development Coordinator,
Community Development Department.
Councilman Sudol stated that he reviewed the tape from the October 5, 1998
meeting and can vote on the issues from that meeting.
Motion was made by Councilman Morales, seconded by Councilman Springer
and carried that the following items under the Consent Calendar be approved
removing item C. re: Budget Amendments/Transfers by the following Roll Call
Vote: Ayes: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles
S. Morales, Suellen C. Rowlison, Thomas W. Springer, Anthony C. Sudol III, and
K. A. Mike Gilroy:
Purchase-7330 Purchase of property located at 7330 Dowdy Street, APN 799-17-046 for M.
Dowdy St. Quiroz and 1. Quiroz;
Minutes
Minutes of the Regular Council Meeting of October 5, 1998;
Leavesley Inn- Set a hearing date of November 2, 1998 for the City Council to hear the
Protest of protest of the determination by the City's Administrative Services Director of
TOT additional Transient Occupancy Tax due for the Leavesley Inn; and
Oaks Motel and Set a hearing date of November 2, 1998 for the City Council to hear the
Pacheco Pass protest of the determination by the City's Administrative Services Director of
Motel-Protest additional Transient Occupancy Tax due for the Oaks Motel and the Pacheco Pass
of TOT Motel.
Budget
Police
Department
Report
City Administrator Baksa reviewed the Budget Amendments/Transfers.
Motion was made by Councilwoman Rowlison, seconded by Councilman Morales
and carried (Councilman Sudol voting no) to approve the Budget
Amendments/Transfers as recommended.
Chief Giusiana stated that the report will review the five year/five cities crime
statistics up to 1997, noting that they are back to the 1992 levels. He noted that
they have made 74 arrests for graffiti vandalism. He introduced Phyllis Ward who
reviewed the report, with the help of Monica Souza.
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Pub. Hearing The Mayor sated it was the time and place scheduled for a continued Public
Hearing on an Affordable Housing Exemption request pursuant to Zoning
Ordinance Section 50.62(b)(3) to construct 114 residential units, consisting ofa
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 Rl/R3-PUD (Single Family
Residential! Medium Density Residential-Planned Unit Development),
M 98-09/ ARE 98-03. South County Housing, applicant.
The staff report was noted and further eXplained by Planner II Durkin.
City Attorney Callon stated that the Council is looking only at the affordable
housing exemption. She explained that if this is Phase II of an earlier approved
project, then it will need to be dealt with differently than if it is a separate project.
She stated that if it is a separate project, the ordinance may need to be amended.
The Mayor opened the Public Hearing.
Dennis Lalor, South County Housing, reviewed the projects that are all tied
together, stating that one part truly affects the other. He requested the Council
allow the exemption as requested.
(At 8:41 p.m. Councilman Morales left the Council Chambers, and returned at
8:43 p.m.)
Desiree Holquin-Jackson, teacher at Las Animas Elementary School, stated her
concerns with the lack of guarantees by South County Housing.
Toni Reese stated that she is grateful to South County Housing for allowing
her the ability to afford a home.
Richard Castro, employee of South County Housing, stated that he can't find
affordable housing in Gilroy. He stated that people deserve this housing project.
Doug Reynolds stated the City of Gilroy is committed to providing affordable
housing. He stated this is an excellent example of what Gilroy needs.
Connie Rivera stated that she is grateful to South County Housing for allowing
her to build a home.
Hector Hernandez stated that this is a great idea, and is in support of this
project.
Jaime Rosso, resident of Gilroy, spoke in support of the project.
Anna Cruz spoke in favor of the request.
Michael Crisifoli, spoke against the request because of the high density of the
project and the problems that are associated with that density. He also stated that
he felt that the environmental studies were not done properly.
David Crocker spoke in favor of the request.
Joe Perez spoke in favor of the request.
Jana Zaki stated that it is a good project, but is against the project because of
the mass.
(At 9: 11 p.m. Councilwoman Rowlison left the Council Chambers, and
returned at 9: 17 p.m.)
Pete Ziga, director of YMCA, spoke in favor of the request.
Linda Nolan, Leadership Gilroy member, spoke in favor of the request.
A/S 98-30
Salary
Adjustments
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Bill Lindsteadt, 8174 Kelton Drive, spoke in favor of the request
Walt Zavel spoke against the request
Allan Hayes, native Gilroyan and South County Housing Boardmember, spoke
in favor of the request,
Eleanor Villarreal, original South County Housing Boardmember, spoke in
favor of the request.
Rose Marie Joyce, northwest quadrant area resident, spoke in favor of the
request
(At 9:30 p.m. Councilmember Morales left the Council Chambers, and
returned at 9:32 p.m.)
Mary Jane Cervantes spoke in favor ofthe request.
Dustin Vogue spoke in favor of the request
Ralph Zertuche, 7530 Rosanna Street resident and prior South County
Housing Boardmember, spoke in favor of the request
Avelina Campos, Gavilan College, spoke in favor of the request
Tom Joyce spoke in favor of the request
Mrs. Carpenter spoke in favor of the request
The Mayor closed the Public Hearing.
At 9:54 p.m., the Mayor called for a recess, after which he recalled the meeting
to order.
Motion was made by Councilmember Arellano, seconded by Councilwoman
Rowlison and carried (Councilmembers Gifford, Springer, and Sudol voting no) to
direct staff to prepare a resolution approving the request for an Affordable
Housing Exemption, subject to two conditions.
The Mayor noted a Resolution of the City Council of the City of Gilroy
denying A/S 98-30, an application for Architectural and Site approval of a Planned
Unit Development (PUD) involving approximately 30,952 square feet, APN 841-
75-002 and 841-75-004, Carl's Jr., applicant, and that the applicant has requested
continuance to November 2, 1998.
Motion was made by Councilman Morales, seconded by Councilman Sudol and
carried to continue action to November 2, 1998.
The Mayor noted a report on Mayor and City Council salary adjustments.
Consensus of the Council was to have a Council subcommittee review the
request and recommend an action for the next agenda, but make it effective after
the next election. Councilmembers Arellano, Morales, and Springer volunteered to
be members of the subcommittee.
Street Naming The Mayor noted the appointment of a citizen representative to the City of
Gilroy Street Naming Committee.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to appoint Lani Lynn Biafore to the City of Gilroy Street Naming
Committee.
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Victoria Woods The Mayor noted a request for clarification of issues involved with the
RDO American Housing Partnership's RDO Exemption for the Victoria Woods project,
Exemption 7884 Wren Avenue, south of First Street.
The staff report was noted and further explained by Planner II Durkin.
Robert Simora, American Housing Partnership, noted that private developers
are not subject to Article 34, and discussed what would trigger Article 34. He
stated that the project will be 100% affordable due to the financing requirements.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and the second was subsequently withdrawn, and then seconded by
Councilman Springer and the motion did not carry (Councilmembers Arellano,
Gifford, Morales, and Gilroy voting no) to accept the project, subordinate to State
financing, enter into an agreement, and find that it substantially complies with City
of Gilroy regulations.
Sergio Alvarez stated that they are in a Catch 22 regarding the agreement.
Motion was made by Councilmember Gifford, seconded by Councilman
Springer and carried (Councilmember Arellano voting no) to continue this request
to November 16, 1998, pending the outcome of the November 3, 1998 election.
The Mayor asked if there was anyone in the audience wishing to speak on any
item not on the agenda.
(At 11:38 p.m. Councilwoman Gifford left the Council Chambers, and returned
at 11:40 p.m.)
Al Navaroli, 721 Fourth Street, distributed the South Valley Symphony 25th
Silver Jubilee season program and noted the proposal for a youth orchestra.
Robert Sigala, Santa Teresa Boulevard, noted that he has still not heard from
Arcadia Development Company and stated that he needs some answers and
resolution to his problem.
The following information items were noted with no separate discussion on
same:
Customer Service:
Letter of appreciation from David Clifford, Captain, Santa Clara County
Sheriffs Office for Officer Jason Hogue's volunteer work at their range;
Letter of thanks from Herbert D. Peckham to the City of Gilroy Traffic
Engineering Division for correcting a dangerous traffic intersection;
Letters of thanks from San Ysidro School students for the tour of the Sewer
Treatment facility and thanks from Nick Amper, Chemical Control Program
Manager, to Teri Patane, Lisa Jensema, Kathy McHenry, Jim McCann, Pat
Bentson, Rachel Munoz, Sandra Sammut, Chris Weske, and OM! staff Tom
Martinez, Jay Atkinson, Stan Miklebost, Oscar Baltazar and Jesus Luna for
assistance during National Pollution Prevention Week;
Letter of thanks from Colin I. Busby, Basin Research Associates, to Sharon
Pavao for assisting Dr. Donna M. Garaventa with research; and
Letter of thanks from Stacie Lonaker to Mark Dover, Judy Mireles-Janisch,
and Sandra Sammut for speaking at the San Jose State University Project
Teamwork mentor training.
Informational items:
Drought Alert Calculations - Summary of MontWy Water Production,
September, 1998;
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Gilroy Visitors Bureau Advisory Council Minutes of September 10, 1998;
Tip Sheet regarding Prop. 5 by the Coalition Against Unregulated Gambling;
and
League of California Cities Opposition to Proposition 1 A for School
Construction.
The City Administrator noted the need for a Street Cut Ordinance, but
explained that he will probably not be able to agendize it until next spring because
of studies that need to be done. He announced a tentative date for the Gilroy
Train Depot formal opening on Wednesday, December 2, 1998 from 12:00 p.m. to
l:~ p.m.
Arcadia
Dev. Co.
The City Attorney noted a letter from Eli Reinhart, Arcadia Development
Company, requesting final approval of Tract Map 8918 and Improvement Plans.
She stated that the City is working through the process with Arcadia. She
explained that the City is preparing to step into the process to complete
negotiations for the remaining property that is under consideration. She stated that
the City is going to process the final map, but noted that the City needs to fulfill
obligations regarding the CEQA issues.
Amicus Briefs- The City Attorney noted a request by the City of Los Angeles for the City of
Alameda Gilroy to join in Amicus Brief in Alameda Books. Inc. v. City of Los Angeles re:
Books v. Adult Oriented Businesses and a request by the City of Angels for the City of
City of LA Gilroy to join in Amicus Brief in Fukuda v. City of Angels re: whether an
and Fukuda administrative agency has the burden of proof in mandamus proceedings
v. City of challenging an agency action.
Angels
Motion was made by Councilmember Gifford, seconded by Councilwoman
Rowlison and carried to approve both Amicus Briefs.
The Mayor noted the 90 day City Council calendar, a list of upcoming
meetings. He reminded everyone of the study session tomorrow regarding impact
fees. He announced that St. Joseph's will sponsor a polenta dinner on Saturday
night at the gymnasium and needs servers. Councilmembers Arellano, Rowlison
and Springer volunteered to serve.
Councilmember Arellano noted the Train Depot opening will be a big event,
and requested the City Council donate $500 for expenses. It was requested that
this be agendized for the next meeting. She announced the Day of the Dead
celebration on October 28, 1998 from 6:00 p.m. to 8:00 p.m., and also the Sister
to Sister Summit on October 24th. She reminded everyone of the tax credit study
session on October 29, 1998.
Councilmember Gifford announced that Gilroy residents should not pay their
property tax bill, as there is an error on them and they will be resent with the
correct arrl6util.\ .~~e announced a benefit fashion show by La Isla Pacifica on
October 21, 1998 from 12:00 p.m. to 2:00 p.m. at the old Community Solutions
office at 8120 Westwood Drive, noting that it is a free event.
Councilman Morales thanked all the volunteers who worked at Gilroy High
School last weekend to clean it up.
Councilwoman Rowlison not~d the Silicon Valley 2010 report and displayed a
crystal paperweight she received i~ a~pteciation from Silicon Valley for her work
with that group.
The Mayor noted the following meetings/events:
City Council Study Session - October 20, 1998 at 7:00 p.m., Gilroy Senior
Center, 7371 Hanna Street, Gilroy, California, to review Impact Fees.
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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.
City Council Study Session - October 29, 1998 at 7:00 p.m., Gilroy Senior
Center, 7371 Hanna Street, Gilroy, California, to review Affordable Housing Tax
Credits.
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.
Commission and Board Interviews - December 14, 1998 at 7:00 p.m., Gilroy
City Council Chambers, 7351 Rosanna Street, Gilroy, California.
At 12:03 a.m. Tuesday, October 20, 1998, the Mayor adjourned the meeting.
Respectfully submitted,
Jfjfi(dA~'
/s/ RHONDA PELLIN
City Clerk