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Minutes 1999/01/19 Invocation Posting Agenda Roll Call New Employee Cert. Service Emp. Award Vol. Award Consent Calendar Budget Minutes Res. 99-9 7",.,.- ..., ..:.. ,) / Regular Meeting January 19, 1999 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Father Errol Montgomery, St. Stephen's Episcopal Church, gave the Invocation. The City Clerk noted that the Agenda had been posted on January 14, 1999 at 11:45 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 - 7:02 p.m. The Mayor introduced new employee Antionette Diaz, Public Safety Communicator I, Police Department. The Mayor noted Certificates of Service for Retired Personnel Commissioner Peggy Martinez and Retired Member of the Building Board of Appeals Mike Correa which will be mailed to them. The Mayor presented the Employee Award for the Month of November, 1998, to Chris Weske, Senior Maintenance/Landscape Person, Community Services Department. The Mayor presented the Volunteers of the Month of January, 1999 Award to Bob & Sue Baker. Councilman Sudol stated that he has reviewed the video tape from the last meeting, in which he was absent, and therefore will vote on any issues tonight. Motion was made by Councilman Springer, seconded by Councilman Morales 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, Anthony C. Sudol III, and K. A. Mike Gilroy: Budget Amendments/Transfers as recommended; Minutes of the Regular Council Meeting of January 4, 1999; Adopted Resolution No. 99-9 Establishing an All-Way Stop at the Intersection of Ronan Avenue and Church Street in the City of Gilroy Pursuant to Section 15.40 of the City Code; RESOLUTION NO. 99-9 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF RONAN AVENUE AND CHURCH STREET IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE CITY CODE. PASSED AND ADOPTED this 19th day of January, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 72B8 Res. 99-10 Adopted Resolution No. 99-9 setting priorities for projects eligible for funding for the Transportation Development Act (TDA) Article 3 Programs Funds administered by the Santa Clara Valley Transportation Authority (VT A) and the Metropolitan Transportation Commission (MTC); RESOLUTION NO. 99-10 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SETTING PRIORITIES FOR PROJECTS ELIGIBLE FOR FUNDING FOR THE TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 PROGRAMS FUNDS ADMINISTERED BY THE SANTA CLARA VALLEY TRANSPORT ATION AUTHORITY (VT A) AND THE METROPOLITAN TRANSPORTATION COMMISSION (MTC). PASSED AND ADOPTED this 19th day of January, 1999, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Pub. Hearing Set a Public Hearing date of February 16, 1999 to consider Resolutions of Necessity to commence eminent domain proceedings on properties on Sunrise Drive/ Santa Teresa Boulevard. Fire Dept. Report Fire Chief Gillespie introduced Jim McPherson, Project Director, Santa Clara County EMS Agency, who reviewed the Enhanced EMT-I Practice Trial Study. He presented a plaque to the City of Gilroy Fire Department personnel for their commitment to this project. Fire Chief Gillespie stated his appreciation to his personnel and gave special thanks to Dave Bozzo for his assistance. Pub.Hearing TM 98-04 The Mayor stated it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide 3.4 acres into a 12 lot single family residential subdivision, plus one remainder lot, on property located on the east side of Calle Del Rey, at the westerly terminus of Bay Tree Drive, zoned Rl (Single Family Residential). Charles S. Schramm, applicant, TM 98-04. Councilmember Gifford recused herself from this issue and stepped down from the dais. The staff report was noted and further explained by Planner II Durkin. It was clarified that Phase I will include lots 3-8 and Phase II will include lots 1, 2, and 9- 12. The Mayor opened the Public Hearing. Dennis Huth, Bay Tree Drive, thanked the Planning Commission and staff for their hard work. He stated that the neighborhood residents would like the construction completed in one phase. Don Jensen, Ruggeri-Jensen-Azar & Associates, reviewed the proposed project. In answer to a question, he does not plan a homeowners association for the three lots which will share a common driveway. He will propose language for the improvement plans to cover this. The Mayor closed the Public Hearing. Motion was made by Councilman Springer, seconded by Councilwoman Rowlison and carried (Councilmember Gifford absent) to approve the mitigated Negative Declaration, finding that; (a) it is completed in compliance with CEQA; (b) it reflects the independent judgment of the City; and ( c) there is no substantial evidence that the project will have a significant effect on the environment, and to revise mitigation measure #3 that construction will end at 6:00 p.m. each day. M 98-14 G.L.Bruno '7 "", '. q f(_U;; Motion was made by Councilman Springer, seconded by Councilman Morales and carried (Councilmember Gifford absent) to direct staff to prepare a resolution approving TM 98-04, subject to 19 conditions with the buildout to be that Phase I will include lots 3-8 and Phase II will include lots 1,2, and 9-12. Councilmember Gifford returned to the dais and took her seat. The Mayor noted a request to determine issues involved in the proposed expansion of the South Valley Hospital campus, located on No Name Uno, north of Las Animas Avenue. G. L. Bruno, applicant, M 98-14. The staff report was noted and further explained by Planner II Durkin. She noted that these facilities will not be licensed by the State Department of Health, but will be licensed through the Department of Social Services and will be monitored by the State to some degree. Beverly Gilmore, South Valley Hospital, stated that it is the intent of the hospital to provide a continuum of care. She stated that it is a logical decision to have these facilities at this location. Gary Bruno, G. L. Bruno Associates, stated that his firm specializes in medical complex developments. He reviewed the project and the survey his firm made of this medical campus. Motion was made by Councilman Springer, seconded by Councilman Morales and carried to allow the birthing center and diagnostic/nephrology center to be unconditionally permitted on this site. Motion was made by Councilman Sudol, seconded by Councilwoman Rowlison and carried (Councilmembers Arellano and Springer voting no) to allow an Alzheimers living facility to locate in a Public Facilities zoned site subject to the review and approval of the Planning Commission, via a Conditional Use Permit. Motion was made by Councilman Springer, seconded by Councilman Morales and carried (Councilmember Arellano voting no) that an Alzheimers living facility not be subject to the requirements of the Residential Development Ordinance. Motion was made by Councilman Springer, seconded by Councilman Morales and carried (Councilmembers Arellano and Gilroy voting no) that an assisted living facility not be subject to the requirements of the Residential Development Ordinance. Councilmember Arellano stated for the record that although she believes this is a plus for the community and is sorely needed and would be used, that she is voting no on the motion because the Public Facility zoning district allows residential care facilities only if they are located in an existing structure and are located on property owned by a government agency, and also that this should not be exempt from the Residential Development Ordinance. Motion was made by Councilmember Arellano, seconded by Councilman Springer and carried (Councilman Morales voting no) to deny the request that an assisted living facility be allowed to locate on a Public Facilities zoned site subject to the review and approval of the Planning Commission, via a Conditional Use Permit. At 9:29 p.m., the Mayor called for a recess, after which he recalled the meeting to order. The Mayor asked if there was anyone it\'the audience wishing to speak on any item not on the agenda. 7290 Robert Sigala, 9555 Santa Teresa Boulevard, gave an update on negotiations regarding his dealings with Arcadia Homes. He noted that the engineers for Arcadia Homes violated his wishes and came onto his property this afternoon. The City Attorney notified him that there will be a Public Hearing on February 16, 1999 and he is welcome to bring his concerns up at that time, if the negotiations have failed as of that date. Councilmember Arellano requested specific items for the February 16, 1999 Public Hearing, including regarding the taking of the property whether or not he will still be able to use his driveway as it exits into the acceleration lane, and also a review of the decibel levels. Pat Morrisey noted agenda item IXB.7. and questioned what publication this article came from and suggested that in the future more information be given as to the source. He was told that this came from a publication from Orange County. Stuart Allen noted that, in his opinion, there are some factual errors in the article in agenda item IXB.7. He submitted a rebuttal and information regarding this item to be given to each Councilmember. The following information items were noted with no separate discussion on same: Legislation: League of California Cities Legislative Bulletin #1-1999 dated January 8, 1999. Customer Service: Letter of thanks from John L. McLemore, Councilman, City of Santa Clara, to Councilwoman Rowlison for her attendance at the Santa Clara County Cities Association meeting; Letter of thanks from Tony J. Sanchez, City of Santa Clara, to John Garcia for conducting the first ever S.AN.C.R.A Women's Holiday Basketball Tournament; Memorandum of thanks from Kathy Sakahara, Human Resources Division, to Lynn Conrotto, Community Services Department, for her assistance; Letter of thanks from Celia McCormack for the assistance of Officer Steve Morrow; Letter of appreciation from Sohail (Sunny) Khandwala to Chief Giusiana for the Defensive Driving Course provided by the Police Department and coordinated by Rachel Munoz for City volunteers, which saved his life and that of his father; Letter ofthanks from Janell Riese, Gilroy Unified School District, to Lieutenant Scot Smithee for presenting information to the students about a career in Law Enforcement; and E-mail memorandum from Gayle Glines thanking Kathy Sakahara, Jackie Martin, Martha Thompson, and Maxine Bermudez for their assistance and customer service in processing part-time employees. Informational items: Letter from Aldo Viarengo and response by Norman S. Allen, Community Development Director, regarding the 50-50 Sidewalk Repair Program; Drought Alert Calculations, Summary of MontWy Water Production - December, 1998; Plan. Com 12-3-98 Plan. Com. 1-7 -99 SCRWA 9-8-98 SCRWA 12-8-98 Graffiti Land Use 7....., , c.';i Letters from South County Housing and New Renaissance Centre giving notice to terminate the lease of Old City Hall; Article from Winter 1998 issue of On Track entitled Our Second Amendment; City of Gilroy Investment Report, December, 1998; Letter from Mike Gilroy, Vice-Chairman, Board of Directors, South County Regional Wastewater Authority, to Assemblymember Frusetta requesting support for legislation to provide State or Federal funding for flood control studies and/or work in that area; and Final Draft of the Stop Graffiti six-month update newsletter. The minutes of the Planning Commission meeting of December 3, 1998 were noted. The report of the Planning Commission meeting of January 7, 1999 was noted. The minutes of the South County Regional Wastewater Authority Meeting of September 8, 1998 were noted. The minutes of the South County Regional Wastewater Authority Meeting of December 8, 1998 were noted. The City Administrator distributed a draft of the youth commission bylaws, and requested Councilmembers get any comments to him in the next couple of weeks regarding this. He announced that next Tuesday's South County Regional Wastewater Authority meeting has been cancelled. He reviewed a meeting he attended regarding potential funding shortfalls for the library expansion. He distributed the Capital Improvement Budget binders for next Monday's study seSSIOn. The City Attorney gave an oral update on the Graffiti Ordinance issue regarding abatement on private property. The City Attorney noted a revised memorandum regarding land use decisions made by the City Council and/or the Planning Commission. The Mayor stated he attended a meeting of the Santa Clara County Cities Association last Thursday night and received a briefing from the Manufacturing Group and Greenbelt Alliance regarding a housing needs survey for Silicon Valley. He noted Governor Davis' budget speech, a copy of which he provided to each Councilmember, and stated his concerns with the proposals. He commented that he received a letter from the Santa Clara County Housing Authority, which stated that the waiting list for Section 8 rental subsidy program will be open for applications for nine days from January 21st to the 29th, and that it was last open in 1997. He requested that this be put on Channel 34. He announced that he will be giving the State ofthe City message to City employees on January 29, 1999 from 8:00 a.m. to 9:00 a.m. at the Wheeler Community Center. He noted a letter from Jim Lawson, Chairperson, Valley Transportation Authority Board of Directors, requesting the City of Gilroy designate an appointee to the Caltrain Policy Advisory Board (PAB). Consensus of the Council was that Councilman Springer be reappointed to this Board. He noted the 90 day City Council calendar, a list of upcoming meetings. Councilwoman Rowlison stated that she attended the agricultural conservation easement project meeting for Councilman Morales, attended the Joint Venture Silicon Valley breakfast, and attended the Valley Transportation Authority Policy Advisory Committee meeting. She noted a letter of support has been requested by the Gilroy Family Resource Center for on-going project "The Road to Success." 7. ') C" t.. ./ I. Adjrnmt. Councilman Morales thanked Councilwoman Rowlison for attending the ag task force meeting for him when he was sick. Councilman Sudol noted a letter of thanks from students of the Pacific West Christian Academy to the Mayor for hosting two first grade classes. He questioned when the next study session is scheduled on the Neighborhood Revitalization Study, and was told that it is scheduled for Monday, February 8, 1999 (since changed to February 22, 1999). He noted that he has received several inquiries from citizens why the City is targeting one area of the City for graffiti abatement, and was told that this is a pilot program to test one area first. Councilmember Gifford stated the Gilroy Downtown Development Corporation is asking for downtown public restrooms, and is looking for a $2 million grant for streetscape improvements from Sixth to Tenth Street on Monterey Street. She noted that the Domestic Violence Task Force did not meet in January, but she attended a Wipe Out Watch meeting and they are looking at placing murals on the covered bus stop areas to eliminate graffiti. Councilmember Arellano stated that the Library JP A will meet at the end of the month. She requested a Planning Commission packet so that she can review issues earlier. She noted that Monday, June 14 is flag day, and requested an item be placed on the next agenda to discuss having a City of Gilroy flag. The Mayor noted the following meeting/event: Joint City Council and Planning Commission study session - January 25, 1999, 7:00 p.m" Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy, California to review and discuss the 1999-2004 Capital Improvement Budget. At 10:39 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~~ }uU.-i/j L,-, /s/ RHONDA PELLIN City Clerk