Minutes 1999/04/19
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Proc.-JeffGarcia The Mayor presented a proclamation to Jeff Garcia for Jeff Garcia Day, April
19, 1 999.
Special Olympics athletes presented the Mayor and Council with shirts and
hats and invited them to the 1999 Gavilan Special Olympics event on Saturday,
May 1, 1999.
The Mayor introduced new employee Mabel Michele Gleason, Account Clerk
I, Finance Division, Administrative Services Department.
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 - 7:00 p.m.
The City Clerk noted that the Agenda had been posted on April 15, 1999
at 2:30 p.m.
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
April 19, 1999
Gilroy, California
Special
Olympics
New
Employee
Roll Call
Posting
Agenda
777(
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Proc.-Sexual
Assault
Awareness
Month
7 "7 -.. .,.
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The Mayor presented a proclamation to Paula Gann for Sexual Assault
Awareness Month, April, 1999. She presented a Certificate of Appreciation from
Community Solutions to the Police Department for their assistance with sexual
assaults.
Proc.-Vo1.Wk. The Mayor presented Sandra Sammut a proclamation for Volunteer Week,
April 18-24, 1999.
Proc.-Bone
Marrow
Drive Day
The Mayor presented Anna Cortes-Martucci and Jacqui Carrasco a
proclamation for Family Festival for Life-Bone Marrow Drive Day - May 2, 1999.
Proc.-Earthquake The Mayor noted a proclamation for California Earthquake Preparedness
Prep.Month Month - April, 1999, previously given to the Fire Department.
V 01. Award
Emp. Award
Proc. -Earth
Day
The Mayor presented the Volunteer of the Month of April, 1999 Award to
Jacqui Carrasco.
The Mayor presented the Employee Award for the Month of March, 1999, to
Marilyn Guerin, Community Development Department.
The Mayor noted a proclamation for Earth Day - April 22, 1999, which was
previously mailed to Bay Area Action, People for the Environment.
Proc.-Holocaust The Mayor noted a proclamation for Holocaust Remembrance Day - April 16,
Remembrance 1999, which was previously presented to Congregation Emeth of Gilroy.
Consent
Calendar
Budget
Ord. 99-4
Ord.99-5
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, Anthony C. Sudol III, and K. A. Mike Gilroy:
Budget Amendments/Transfers as recommended;
Adopted Ordinance No. 99-4 amending City Code Section 16.6-1 et seq.,
setting forth regulations regarding cardrooms;
ORDINANCE NO. 99-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY,
CALIFORNIA, AMENDING CITY CODE SECTION 16.6-1 ET SEQ.,
SETTING FORTH REGULATIONS REGARDING CARDROOMS.
PASSED AND ADOPTED this 19th day of April, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Adopted Ordinance No. 99-5 amending Section Eleven of Chapter lOA of the
Gilroy City Code regulating the sale, use and storage of safe and sane fireworks;
ORDINANCE NO. 99-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING SECTION ELEVEN OF CHAPTER lOA OF THE GILROY CITY
CODE REGULATING THE SALE, USE AND STORAGE OF SAFE AND
SANE FIREWORKS.
PASSED AND ADOPTED this 19th day of April, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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Minutes
Minutes of the Regular Council meeting of April 5, 1999;
Res. 99-33
Adopted Resolution No. 99-33 establishing an all-way stop at the intersection
of Oak Brook Way and Poppyfield Street in the City of Gilroy pursuant to Section
15.40 of the City Code.
RESOLUTION NO. 99-33
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ESTABLISHING AN ALL-WAY STOP AT THE INTERSECTION OF OAK
BROOK WAY AND POPPYFIELD STREET IN THE CITY OF GILROY
PURSUANT TO SECTION 15.40 OF THE CITY CODE.
PASSED AND ADOPTED this 19th day of April, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res. 99-34 Adopted Resolution No. 99-34 adopting the Green Government Pledge to
conserve resources, prevent pollution and reduce waste.
RESOLUTION NO. 99-34
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING
THE GREEN GOVERNMENT PLEDGE TO CONSERVE RESOURCES,
PREVENT POLLUTION AND REDUCE WASTE.
PASSED AND ADOPTED this 19th day of April, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Community Development Director Allen stated that Traffic Engineer Abrams
would discuss the Transit Center. She updated the Council on improvements to
the Transit Center including the addition of parking, replacement of damaged
sidewalk, and addition of a signal light at Eighth Street.
Bid-Vehicle Ext. City Administrator Baksa presented recommendations to award the bid ofL.N.
Equip. Curtis and Sons in the amount of $26,978.82 for Vehicle Extrication Equipment
(RFP-FD-252).
Motion was made by Councilman Springer, seconded by Councilmember
Arellano and carried that the bid by L.N. Curtis and Sons in the amount of
$26,978.82 be awarded for Vehicle Extrication Equipment (RFP-FD-252).
Bid-Christmas City Administrator Baksa presented recommendations to award the bid of
Hill ADA Golden Bay Construction, Inc. in the amount of$108,629 for Christmas Hill ADA
Ramps/ Ramps and Parking Lot Improvements (98-CDD-506).
Parking Lot
Improvements Motion was made by Councilman Springer, seconded by Councilmember
Arellano and carried that the bid by Golden Bay Construction, Inc. in the amount
of $108,629 be awarded for Christmas Hill ADA Ramps and Parking Lot
Improvements (98-CDD-506).
Bid-Las Animas City Administrator Baksa presented recommendations to award the bid of A. 1.
Park Skate- Vasconi General Engineering in the amount of $179,460 for Las Animas Park
board Facility Skateboard Facility (98-CDD-507).
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried that the bid by Vasconi General Engineering in the amount of
$179,460 be awarded for Las Animas Park Skateboard Facility (98-CDD-507).
Pub. Hearing
Z 98-97
Pub.Hearing
Num.Limits
7 3 .~l)
The Mayor stated it was the time and place scheduled for a continued Public
Hearing on a Zoning Ordinance Text Amendment request to amend Zoning
Ordinance Section 37 Sign Regulations, to set forth standards for Regional
Commercial Uses. City of Gilroy, applicant, Z 98-07.
Motion was made by Councilman Morales, seconded by Councilman Springer
and carried to continue this request to June 21, 1999, due to continuance by the
Planning Commission.
The Mayor stated it was the time and place scheduled for a Public Hearing to
establish Numerical Limits of Dwelling Units to be Permitted under the
requirements of the City of Gilroy's Residential Development Ordinance (RDO) for
the years 2000 through 2003, including review of potential redistribution of
remaining RDO exempt units and standard RDO competition units, M 99-04.
The staff report was noted and further explained by Planning Division Manager
Faus, and answered questions posed by Councilmembers.
The Mayor opened the Public Hearing.
Dr. Bruce Rowlison, Presbyterian Church, noted the need for an allotment of8
infill units.
John Donohoe, Ruggeri-Jensen-Azar, noted existing projects ill need of
additional RDO units to complete the projects.
Gloria Pariseau, Custom One Construction, noted the need for exempt units
for their business.
Connie Rogers, Santa Theresa Drive, stated that she would like the limit of
4,000 units to be constructed in 10 years to be maintained. She stated that she
would also not prefer any redistribution of units.
Armenta Jensen, Ruggeri-Jensen-Azar, noted the construction process and
costs, including the up-front infrastructure costs.
Dennis Lalor, South County Housing, discussed the possible shift of units to
the affordable/infill category.
Skip Sperry, Dividend Homes, noted there are several strategic projects that
are soon to come to Gilroy, and need a process to compete for units.
The Mayor closed the Public Hearing.
Motion was made by Councilman Springer, seconded by Councilmember
Gifford and carried (Councilmembers Arellano, Rowlison, and Gilroy voting no) to
move 130 standard RDO competition units in years 2001-2003 to the exempt
category (move 18 units from 2001, 73 units from 2002, and 39 units from 2003).
Motion was made by Councilwoman Rowlison, seconded by Councilmember
Arellano and carried to redistribute the remaining unused 27 units (RD 92-29 shift)
from 1995 to 1998.
Motion was made by Councilman Springer, seconded by Councilman Sudol
and carried (Councilmember Arellano voting no) to direct staff to prepare a
resolution establishing Numerical Limits for the years 2001, 2002, and 2003
redistributing evenly the remaining 525 units at 175 units for each year.
Motion was made by Councilwoman Rowlison, seconded by Councilmember
Arellano and carried to hold a 1999 RDO competition and to allow additional staff
time for processing applications.
At 8:57 p.m., the Mayor called for a ten minute recess, after which he recalled
the meeting to order.
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Pub. Hearing
M 98-12/
AHE 98-04
The Mayor stated it was the time and place scheduled for a Public Hearing on
an Affordable Housing Exemption request from RDO (Residential Development
Ordinance) application pursuant to Zoning Ordinance Section 50.62 (b)(3) for the
purpose of constructing a 222 unit senior citizen residential community known as
Village Green, located at the southwest corner of Hecker Pass Highway and Santa
Teresa Boulevard. Spectrum Group, applicant, M 98-12/AHE 98-04.
The staff report was noted and further explained by Planner II Durkin.
The Mayor opened the Public Hearing.
Dan Young, Spectrum Group, introduced Brian Myers and presented slides
explaining the project. He explained the phasing would start with the apartments,
then go to the condominiums, and then build the single family homes. He noted
that there will be age restrictions enforced.
In answer to a question, Bill Hirsh stated that GSF has been the manager at the
Salinas site since inception.
Don Gage, Santa Clara County Supervisor, noted the need for housing for
seniors, and the need for adult protective services. He noted the number of seniors
currently in Santa Clara County and the projected numbers.
Connie Rogers, Santa Theresa Drive, requested that this project be required to
compete in the RDO process. She stated that the City should give preference to
those projects that have infrastructure in place. She noted that if the Council
approves a portion of the project, they would then have a preference in future
years. She questioned whether it is legal to restrict ownership due to age, and
questioned whether this would be done with a deed restriction.
Dennis Lalor, South County Housing, questioned how this project would end
up in the affordable/exempt category.
John Kent, on behalf of Karen Christopher, stated that his client has been
working on a project in anticipation of requesting a 12 unit infill exemption. He
requested that not all of the units be allocated to the Village Green project.
Gene Wells, Mesa Road, urged the Council to protect the local, small builder,
and retain units in the infill category.
John Donohoe, Ruggeri-Jensen-Azar, stated that infill development IS
important to the community.
The Mayor closed the Public Hearing.
Motion was made by Councilman Sudol, and the motion died for lack of a
second, to allocate 75 exempt units to this project, and leave the rest for infill.
Motion was made by Councilmember Gifford, seconded by Councilman
Springer and carried (Councilmembers Arellano, Rowlison, and Gilroy voting no)
to direct staff to prepare a resolution approving M 98-12/AHE 98-04 to allow 112
exempt units for this project, leaving 42 units for infill only in the future.
F or the record, Councilmember Arellano questioned how could the Council
give any units to this project, then not give them the rest in an RDO competition.
She stated that she sees a problem and an unfair edge to other developers who may
be considering "senior" housing if the Council goes ahead and gives this project
anything prior to the RDO. She stated that she sees this as a senior community,
rather than an affordable project
At 10:32 p.m., the Mayor called for a five minute recess, after which he
recalled the meeting to order.
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Pub.Hearing
TM 99-01
The Mayor stated it was the time and place scheduled for a Public Hearing on
a Tentative Map request to subdivide a parcel approximating 14,000 square feet
into a 7-10t mixed use (residential and commercial) subdivision to be known as
Fifth Street Commons, on property zoned C I-HN (Neighborhood Commercial-
Historic Neighborhood), located at 85 W. Fifth Street. Custom One, Inc.,
applicant, TM 99-01.
The staff report was noted and further explained by Planner I O'Brien.
The Mayor opened the Public Hearing.
Gloria Pariseau, Custom One Construction, stated she was present to answer
any questions.
The Mayor closed the Public Hearing.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried to direct staff to prepare a resolution approving TM 99-01.
Pub. Hearing
Weeds
The Mayor stated it was the time and place scheduled for a Public Hearing to
consider annual destruction or removal of weeds and/or refuse constituting a
public nuisance in the City of Gilroy.
The staff report was noted and further explained by the City Administrator.
The Mayor opened the Public Hearing.
The Mayor closed the Public Hearing.
Res. 99-35 Motion was made by Councilman Sudol, seconded by Councilman Morales and
carried to adopt Resolution No. 99-35 Instructing the Fire Chief to Abate the
Nuisance Arising out of weeds growing upon lots or in front of properties in the
City.
RESOLUTION NO. 99-35
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INSTRUCTING THE CHIEF OF THE FIRE DEPARTMENT TO ABATE THE
NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE
ACCUMULATING UPON LOTS OR IN FRONT OF PROPERTY IN THE
CITY OF GILROY, PURSUANT TO SECTION 12.51 OF THE GILROY CITY
CODE.
PASSED AND ADOPTED this 19th day of April, 1999, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
AlS 99-11
The Mayor noted a request for a Planned Unit Development Architectural and
Site design review approval to construct a 24,208 square foot commercial retail
establishment, located at 8840 San Ysidro Avenue, zoned C3-PUD (Shopping
Center Commercial-Planned Unit Development). Staples, Inc. c/o Carter Burgess,
Inc., applicant, AlS 99-11.
The staff report was noted and further explained by Planner I O'Brien.
In answer to a question, Sam Pena, Carter Burgess, Inc., explained that the
lights are controlled individually to replace bulbs. He explained that he will be
matching the Home Depot building. He noted that if Council is concerned about
the long length of manilla painted wall, he can work with staff to use color to
break up the wall.
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A& C Com.
3-17-99
Motion was made by Councilmember Arellano, seconded by Councilmember
Gifford and carried to direct staff to prepare a resolution approving NS 99-11,
with an additional condition that the walls be more aesthetically pleasing using
various colors.
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 # 13 -1999 dated April 9, 1999.
General Plan Update:
General Plan Update Committee March 10, 1999 Activity Report.
Customer Service:
Note from Kathryn Cooke Sakahara to Jay Baksa regarding response to a
customer service request;
Letter from John N. Serigstad, Gilroy Unified School District, commending
Officer Kadluboski; Santa Clara County Probation Officer Clarke; Acting Sergeant
Castaneda; Anti-Crime Team Officers Dekelaita, Zen, Romero, and Gallacinao;
and Officer T erasaki for their efforts to address the safety issues at Gilroy High
School; and
I
Letter of thanks from Herb Schmitt to Bryan Stice, Mark Fachin and Marilyn
Guerin for their assistance on a project.
Informational items:
Letter from KatWeen Connell, Controller of the State of California, regarding
1997 -98 Fiscal Year single audit report certification and audit finding resolution;
Letter from David Chew, Department of Transportation, regarding the
intersection of SR 101 and Castro Valley Road;
Letter from Dennis Kennedy, Mayor, City of Morgan Hill to Mr. Jose Medina,
Department of Transportation, regarding Safety Improvements to Highway 101;
Gilroy Economic Development Corporation Minutes of February 19, 1999;
and
Information regarding affordable housing and Article 34 of the California
Constitution.
The minutes of the Arts and Culture Commission meeting of March 17, 1999
were noted.
Gang Task Force The minutes of the Gilroy Gang Task Force meeting of March 2, 1999 were
3-2-99 noted.
Lib. Com.
3-10-99
P&RCom.
3-16-99
Sr.Adv.Bd.
3-15-99
The minutes of the Library Commission meeting of March 10, 1999 were
noted.
The minutes of the Parks & Recreation Commission meeting of March 16,
1999 were noted.
The minutes ofthe Senior Advisory Board meeting of March 15, 1999 were
noted.
,
734,J
Golf Men's Club The minutes of the Gilroy Golf Course NCGA Men's Club Board meeting of
4-6-99 April 6, 1999 were noted.
Plan. Com.
4-1-99
SCRWA
3-23-99
Adjrnmt.
The report of the Planning Commission meeting of April 1, 1999 was noted.
The minutes of the South County Regional Wastewater Authority meeting of
March 23, 1999 were noted.
The City Administrator distributed a certificate of merit from HUD, noting that
Gilroy is the 8th jurisdiction that has been in the program for 25 years. He
distributed a binder of information the Gilroy Historical Society prepared on the
Train Depot to nominate it for the Governor's Historic Preservation Award. He
distributed the newly revised Council norms and a press release noting that the
City has hired LeeAnn McPhillips as the new Human Resources Director, starting
June 7. He announced that the April 26 study session has been cancelled. He set a
budget study session for May 11 at 7:00 p.m. He stated the May 10 study session
on the ballot issue will be held in the Council Chambers.
The Mayor noted the 90 day City Council calendar, a list of upcoming
meetings. He commented on a meeting he attended with Judge Edwards regarding
sentencing of graffiti vandals. He noted he met with Bruce McPherson regarding
returning ERAF money to cities.
Councilmember Arellano apologized for not attending the school district
meeting, noting that her mother is in the hospital. She thanked the firefighters for
their quick assistance. She stated that she has a JP A meeting this Thursday.
Councilman Morales noted in the minutes of the Parks & Recreation
Commission, they are discussing a Veteran's memorial flagpole at Christmas Hill
Park. He stated that the Veteran's of Foreign Wars and VFW are willing to pay
for this.
Councilwoman Rowlison stated that she attended the neighborhood kickoff on
Saturday for the anti-graffiti program, on North Murray Avenue. She noted the
play "It's My Life! Es Mi Vida!" on April 30. She stated the next General Plan
meeting will be held next Wednesday.
The Mayor noted the following meetings/events:
South County Regional Wastewater Authority Regular Meeting - April 27,
1999, 7:30 a.m., Wastewater Treatment Facility Administration Building, 1500
Southside Drive, Gilroy, California.
Study Session - May 10, 1999, 7:00 p.m., Gilroy City Council Chambers, 7351
Rosanna Street, Gilroy, California, to discuss the November ballot issue.
South County Regional Wastewater Authority Regular Meeting - May 11,
1999, 7:30 a.m., Wastewater Treatment Facility Administration Building, 1500
Southside Drive, Gilroy, California.
Study Session - May 24, 1999, 7:00 p.m., Gilroy City Council Chambers, 7351
Rosanna Street, Gilroy, California, to discuss the November ballot issue.
South County Regional Wastewater Authority Regular Meeting - May 25,
1999, 7:30 a.m., Wastewater Treatment Facility Administration Building, 1500
Southside Drive, Gilroy, California.
At 11 :20 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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/s/ RHONDA PELLIN
City Clerk