Minutes 1998/11/02
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Minutes of the Regular Council Meeting of October 19, 1998 as amended; and
Budget Amendments/Transfers as recommended;
Motion was made by Councilmember Gifford, seconded by Councilman
Morales and carried that the following items under the Consent Calendar be
approved amending Item B. re: Minutes ofthe Regular Council Meeting of
October 19, 1998 on page 6, first paragraph to add at the end "pending the
outcome of the November 3, 1998 election" 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:
The Mayor noted a proclamation for special visitors from Italy, Provincia,
Firenze, noting that it had been presented previously.
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 - 7:03 p.m.
The City Clerk noted that the Agenda had been posted on October 29, 1998
at 11: 50 a.m.
Pastor Greg Quirke, South Valley Community Church, gave the Invocation.
The Mayor led the Pledge of Allegiance to the Flag.
The Mayor announced that the Council had adjourned from a Closed Session
regarding Public Employee Performance Evaluation-City Administrator, pursuant
to Government Code Section 54957 and that no action had been taken.
Regular Meeting
November 2, 1998
Gilroy, California
Minutes
Budget
Consent
Calendar
Proc.-Italy
Roll Call
Posting
Agenda
Invocation
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Land Purchase- Purchase and Sale Agreement for property located west of Rancho Hills Drive,
Mantelli Fam. APN 783-52-010 by Bert Mantelli, Trustee, and Shirley Mantelli Ladd, Trustee,
Trust THE MANTELLI FAMILY TRUST.
Victor Valdez, Jr., Library Commission Chairman, noted a 12% increase in
circulation at the Gilroy Public Library. He distributed the Gilroy Public Library
Annual Report 1997-98 and commented that the City has chosen Mr. Robert Rolhf
as the consultant for the Library expansion, who will start in January, 1999 He
noted that the JP A has approved the funding. Councilman Springer noted the
increase in hours and days for the Library.
The Mayor deviated from the regular order of the agenda to accommodate
interested persons in the audience.
Salary Adj.
The Mayor noted a report on Mayor and City Council Salary Adjustments.
Councilman Morales reported that the sub-committee had not met.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to continue this until after the sub-committee had met.
Prop. Condemn. The Mayor noted a request for approval of the First Addendum to Agreement
Tract 8918- Regarding Condemnation of Off-Site Property for Tract No. 8918 between the
Arcadia Dev. City of Gilroy and Arcadia Development Company.
Company
The City Attorney gave a review of the two actions to be taken.
Robert Sigala questioned at what point will he be a part of this plan?
The City Administrator noted that several reports are being completed, and
when the reports are complete, the property owners will meet with the right-of-
way acquisition agent to review the options.
Bart Hechtman, representing Arcadia Homes, stated that he is requesting
approval of both actions and is present to answer any questions.
Motion was made by Councilman Sudol, seconded by Councilwoman
Rowlison and carried (Councilmember Arellano voting no) to approve the First
Addendum to Agreement regarding Condemnation of Off-Site Property for Tract
No. 8918.
Prop.Imp.Agree. The Mayor noted a request for approval of a Property Improvement
No.98-35 & Agreement No. 98-35 and Tract Map 8918, Arcadia Development Company.
Tract Map 8918-
Arcadia Dev. Co.
Motion was made by Councilmember Gifford, seconded by Councilman Sudol
and carried (Councilmember Arellano voting no) to approve Property
Improvement Agreement No. 98-35 and Tract Map 8918, Arcadia Development
Company.
A/S 98-30
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.
The staff report was noted and further explained by City Administrator Baksa.
Traffic Engineer Abrams reviewed the four mitigation measures proposed by
the applicant, answered questions posed by Councilmembers, and related personal
experiences in the usage of truck stops that she has visited.
Bart Hechtman, representing the applicant, explained the interaction of the
restaurant with the entire truck stop project.
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M 98-09/
AHE 98-03
Res. 98-61
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Howard Vierra, applicant, reviewed the circulation of the project, including the
Cat Scale.
Keith Higgins, Traffic Engineer, noted that he completed the EIR for the City
and after it was certified, he was hired as a traffic consultant for the design phase
of this project. He reviewed the data accumulated from studying other truck
stops.
Steve Anthony, Carl's Jr. franchisee for this area, noted that Carl's Jf. does not
want a traffic problem at this site, and Carl's Jr. has accepted the site as proposed.
Paula Duncus, district manager for Steve Anthony for Carl's Jf., noted that in
the last eight years, there has never been an accident involving automobiles with
truck traffic in the truck stop where she manages a restaurant.
Bart Hechtman noted that the traffic volumes are not as great as the Council
had anticipated. He noted two suggestions proposed including having "keep clear"
legends painted on the roadway, and also to place signage regarding directing
traffic to Highway 101.
Zaida Hackett, owner ofthe property, noted that the application has not yet
been filed for the mini-storage facility on parcel 4, but it is still planned.
Motion was made and amended by Councilman Sudol, seconded by
Councilman Morales and carried (Councilmember Gifford voting no) to direct staff
to prepare a resolution approving the request with the addition that staff include
this area in the City-wide monitoring program, to review the Negative Declaration
to determine whether it covers the proposed use, to include a southbound
Monterey Road u-turn at the northbound Highway 101 ramp signal, to add a left
turn lane on Travel Park Circle servicing the proposed Carl's Jf. Restaurant, and to
direct staff to review the possibility of relocating the driveways and place railings
to mitigate the concerns with the pedestrian traffic crossing.
The Mayor returned to the regular order of the agenda.
Councilman Springer noted an error in the staff report for M 98-09/ AHE
98-03, which will need to be corrected before attaching it to the resolution. He
also noted for the record that if the apartments had been placed elsewhere in the
project, he could be in favor ofthe project.
Motion was made by Councilmember Arellano, seconded by Councilman
Morales and carried that the reading of Resolution 98-61 be waived and that it be
adopted approving 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 Rl/R3-PUD (Single Family
Residential! Medium Density Residential-Planned Unit Development), M 98-
09/ AHE 98-03. South County Housing, applicant.
RESOLUTION NO. 98-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING M 98-09/AHE 98-03, AN APPLICATION FOR AN
AFFORDABLE HOUSING EXEJ\.1PTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE, APN 790-04-057, -59, and -062.
PASSED AND ADOPTED this 2nd day of November, 1998, by the following
John Tomasello stated a concern in what the Magnolia trees are doing to the
sidewalks.
Bob Tapella, Garlic City Billiards, noted that Liquid Amber and Magnolia trees
are the most root invasive.
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At 8: 52 the Mayor called for a recess, after which he recalled the meeting to
order.
Council consensus was to request the attorney for South Cou~ Housing
prepare an opinion as to whether the project (application M 98-09/AHE 98-03) is
subject to Article 34, and said opinion will be reviewed by the Gilroy City
Attorney.
TOT Appeal- The Mayor noted a Hearing on the appeal of the determination by the City's
Leavesley Inn Administrative Services Director of additional Transient Occupancy Tax due for
the Leavesley Inn (1. Filice, owner).
The staff report was noted and further explained by Administrative Services
Director Dorn.
Frank Weiser, attorney for Leavesley Inn, stated that the 4th Appellate Court
in San Bernardino found the Transient Occupancy Tax to be unconstitutional.
The City Attorney stated that Mr. Weiser's claim is so noted and that the
Assistant City Attorney has reviewed Mr. Weiser's claim that the tax is
unconstitutional, and has found that Gilroy's tax is constitutional.
Mr. Weiser stated that his client was under the opinion that various
organizations that he contracted with were exempt according to the Gilroy City
Code.
Councilman Springer suggested waiving the interest charges.
Motion was made by Councilmember Gifford, seconded by Councilmember
Arellano and carried (Councilman Springer voting no) to uphold the findings of the
Administrative Services Director for the Leavesley Inn for additional Transient
Occupancy Tax due, to include interest due from May 31, 1998 until it is paid.
TOT Appeal- The Mayor noted a Hearing on the appeal of the determination by the City's
Oaks Motel & Administrative Services Director of additional Transient Occupancy Tax due for
Pacheco Pass the Oaks Motel (Y. Patel, owner) and the Pacheco Pass Motel (Y. Patel, owner).
Motel
The staff report was noted and further explained by Administrative Services
Director Dorn.
Frank Weiser requested the same stipulations as the previous hearing regarding
the constitutionality issue, and the City Attorney agreed.
Councilwoman Rowlison stated that a task force or sub-committee should be
formed, and she volunteered to look at the broader issue of the service that these
motels are providing to provide housing for individuals in need oflodging.
Motion was made by Councilmember Gifford, seconded by Councilman Sudol
and carried to uphold the findings of the Administrative Services Director for the
Oaks Motel for additional Transient Occupancy Tax due, to include interest due
from May 31, 1998 until it is paid.
Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to uphold the findings of the Administrative Services Director for the
Pacheco Pass Motel for additional Transient Occupancy Tax due, to include
interest due from May 31, 1998 until it is paid.
Tomasello- Tree The Mayor noted a request by John L. Tomasello to remove a Magnolia tree
Removal and replace it with a Crepe Myrtle tree at 7259 Monterey Street and to set the
precedent for other property owners in the downtown area to do the same.
The staff report was noted and further explained by the City Administrator and
Community Services Director Connelly.
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Alley Art
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John Tomasello stated a concern in what the Magnolia trees are doing to the
sidewalks.
Bob Tapella, Garlic City Bi11iards, noted that Liquid Amber and Magnolia trees
are the most root invasive.
Motion was made and amended by Councilman Sudol, seconded by
Councilmember Gifford and carried (Councilwoman Rowlison voting no) to allow
the removal of Magnolia trees, replace them with Crepe Myrtle trees at 7259
Monterey Street, to set the precedent for other property owners in the downtown
area to do the same, and include that staff and the applicant will work together to
determine the size of the tree.
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 Mayor noted agenda item IX.B.3.b. regarding alley art, and requested
Council consensus to have the Arts and Culture Commission have a joint study
session with the Council to review this issue.
(At 10:49 p.m. Councilmember Gifford left the Council Chambers and returned
at 10:52 p.m.)
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried (Councilmember Gifford absent) to set a joint study session with the
Arts and Culture Commission to review the issue of alley art.
The following information items were noted with no separate discussion on
same:
Legislation:
League of California Cities Legislative Bulletin #32-1998 dated October 8,
1998.
Customer Service:
Letter of appreciation from Bruce ScWege1, Treasurer, Pacific Penning and
Sorting Association, to Theresa Hernandez, Jeff Castro, and Matt Sullivan for
assistance with a lost checkbook;
Letter of thanks from Cathy Mirelez, Cultural Arts/Museum Supervisor, City
of Gilroy, to Sgt. Joe Ramirez for attending the Arts & Culture Commission
meeting to address the possible use of graffiti-related implements in the proposed
"Alley Art" project;
Letter of thanks from Police Chief Gary E. Brown, City of Monterey, to
Captain Lanny Brown for assistance with a recent Police Lieutenant selection
process;
Memorandum of appreciation from Michelle Costa to Art Amaro, Cliff Thome,
Ed Bozzo, Colette Harmon, Rodger Maggio, Kathy McHenry, Pat Bentson, Cliff
Colyer, Firefighter Silva, Joshua Valverde, Donna Greenhut, Danny Martin, Terry
Ugalde, Ed Lujan and Art Webb for their contributions during the Fire Prevention
in the Schools Campaign or Public Safety Day at WalMart;
Memorandum of appreciation from Michelle Costa to all the Fire Personnel for
the time and effort put into recent station tours;
Memorandum of appreciation from Michelle Costa to Pam Latronica for all the
help during two recent public safety projects;
Letter of thanks from Glen View School Second Grade Room 13 to Sharon
Pavao for her tour of the Gilroy Museum;
P&R Com.
9-15-98
A&C Com.
9-8-98
Lib. Com.
9-9-98
Sr.Adv.Bd.
9-21-98
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Letter of thanks from Vicki Boriack and Elena Alcala, Women's Health
Alliance, to John Garcia for donating the venue, Wheeler Community Center, for
their Gilroy Neighborhood Health Day;
Letter of appreciation from Chief Doug Sporleder, Santa Clara County Fire
Department, for the Gilroy Fire Department's participation in the Enhanced EMT-I
Practice Trial Study; and
Letter of appreciation from Dr. Rose Marie Joyce, Gavilan College, to Gayle
Glines for her support in a fund-raising event.
Informational items:
List of citizen concerns from City Council Neighborhood Meetings;
Notification of approval for an extension through the end of January 1999 for
the Enhanced EMT -I Practice Trial Study;
City of Gilroy Investment Report for September, 1998;
Gilroy Economic Development Corporation Minutes of September 10, 1998;
List of Developer Fees for the Gilroy Unified School District; and
Community Development Department - Planning Division Monthly Report of
Long-Range Applications and Status ofRDO Allocation & Activity.
The minutes of the Parks & Recreation Commission meeting of September 15,
1998 were noted.
The minutes of the Arts and Culture Commission meeting of September 8,
1998 were noted.
The minutes of the Library Commission meeting of September 9, 1998 were
noted.
The minutes of the Senior Advisory Board meeting of September 21, 1998
were noted.
Phys. Chall.Bd. The minutes of the Physically Challenged Board of Appeals meeting of
9-29-98 September 29, 1998 were noted.
The City Administrator noted the need to set up several meetings. Council
agreed to review the CDBG priorities on November 30, 1998 at 7:00 p.m.
Council set November 23, 1998 from 5:00 p.m. to 7:00 p.m. to complete the
discussion on impact fees, review the economic incentive policy, and discuss
conceptual direction on infrastructure needs. Council agreed to set the Council
Retreat for January 8/9, 1999 and to use a local facilitator, to be held at the TEEC
building. He distributed an agenda for next Monday's joint study session with the
Planning Commission to review issues. He distributed the quarterly report and
noted the updated Goals & Objectives are on Councilmembers desks. He
distributed a handout on the "Availability of Housing Units that are Exempt from
the Residential Development Competition" noting that this may be a good retreat
item. He noted that New Employee Customer Service training is in progress. He
noted three items from the graffiti meeting held last week, including that staff will
take all the information to get commonalities, will bring to closure the equipment
research, and will start meeting and talking to private painting firms.
The Mayor noted the 90 day City Council calendar, a list of upcoming
meetings. He invited everyone to the Veteran's Day Celebration on November 11,
1998 at 11:00 a.m. He reminded everyone to vote tomorrow. He noted that there
was an agenda item disclosing developer fees charged by the Gilroy Unified School
District in the packet for tonight.
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Councilman Sudol stated that he had met with the Visitors Bureau, and that
they are trying to take a regional approach to tourism, including prioritizing a
marketing strategy with cities in this area.
Councilmember Gifford noted a problem with the signal lights at the
intersection of Santa Teresa Boulevard and Welburn Avenue.
Councilmember Arellano stated concerns with the fire department, and
questioned when the Fire Chief can make a report to Council. It was noted that
several reports are in process and this may be a retreat discussion.
GPUC
The Mayor noted a request to appoint six alternates to the General Plan
Update Committee.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Springer and carried to appoint the six alternates as recommended, including Rose
Lepetich, Carl McGeehon, Alfred Navaroli, William Reimal, Connie Rogers, and
Chris Vanni.
Train Depot The Mayor noted a request for a $500.00 donation from the City of Gilroy for
the Train Depot Grand Opening Celebration.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried (Mayor Gilroy voting no) to approve a $500.00 donation from
the City of Gilroy for the Train Depot Grand Opening Celebration.
Councilwoman Rowlison requested that staff try to purchase items for the
celebration from the downtown merchants.
The Mayor noted the fol1owing meetings/events:
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.
Adjrnmt.
At 11: 31 p.m. the Mayor adjourned the meeting.
Respectful1y submitted,
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/s/ RHONDA PELLIN
City Clerk