Minutes 1999/01/19
Invocation
Posting
Agenda
Roll Call
New
Employee
Cert. Service
Emp. Award
Vol. Award
Consent
Calendar
Budget
Minutes
Res. 99-9
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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
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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
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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."
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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,
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/s/ RHONDA PELLIN
City Clerk