Minutes 1996/10/28
Invocation
Posting
Agenda
Roll Call
Vol. Award
Consent
Calendar
Budget
Pub.Hear.re:
GPA 95-02
Pub.Hear.re:
Z 96-02
68""'''-
.. (J
Regular Meeting
October 28, 1996
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Associate Pastor Ray Webb, South Valley Community Church, gave the
Invocation.
The Deputy City Clerk noted that the Agenda had been posted on October
24, 1996 - 1: 15 p.m.
Present: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie
Rogers, Suellen C. Rowlison, Thomas W. Springer, Pete Valdez, Jr. and Donald F.
Gage; 7:05 p.m.
The Mayor announced that Council had just adjourned from a Closed
Session re: City Administrator Performance Evaluation, pursuant to Gov't. Code
Section 54957, that no action had been taken, and that the Closed Session was
continued to November 4, 1996.
The Mayor presented Bracco's Towing with the Volunteers of the Month
Award for October, 1996.
Motion was made by Councilman Valdez, seconded by Councilman Gilroy
that the following item under the Consent Calendar be approved by the following
Roll Call Vote: Ayes: Councilmembers: K. A. Mike Gilroy, Charles S. Morales,
Connie Rogers, Suellen C. Rowlison, Thomas W. Springer, Pete Valdez, Jr. and
Donald F. Gage:
Approved Budget Amendments/Transfers as recommended.
Community Development Director Allen and City Engineer Smelser gave
the Community Development Departmental Report.
(At 7:37 p.m. Councilman Gilroy left the Council Chambers, and
returned at 7:41 p.m.).
At 7:55 p.m. the Mayor reconvened the meeting and continued with the
regular order ofthe agenda.
The Mayor stated that it was the time and place scheduled for a Public
Hearing to consider GP A 95-02 General Plan Amendment Request - Shriner's
Hospital for Crippled Children, Applicant. (Recommended Denial by the Planning
Commission at their 10-3-96 Meeting.), and
The Mayor stated that it was the time and place scheduled for a Public
Hearing for an Appeal of the Decision of the Planning Commission denying
Request of Bob Turnipseed-Shriner's Hospital for tfippled Children, Z 96-02 to
Amend the City of Gilroy's Zoning Mdp from Comity Agriculture to General
687G
Industrial (M2) on Approximately 64.6 Acres of Land located at the southerly
terminus of Rossi Lane.
The Staff Report was noted and further explained by Planner III Faus.
The Mayor opened the Public Hearing and heard from the following:
Robert Turnipseed spoke on behalf of the applications asking for favorable
consideration.
Bill Henry spoke on behalf of the applications, explaining the current
industrial land use in the area, and the proposed build-up of the building pads to
prevent flooding.
(At 8:35 p.m. Councilwoman Rowlison left the Council Chambers, and
returned at 8:39 p.m.).
Bill Reimal spoke in favor of the requests.
After hearing no further comment from the audience, the Mayor closed the
ublic Hearing.
Councilwoman Rowlison stated her concerns regarding premature loss of
agriculturallnd, impacts from flooding in this area, impacts on the Ochoa Migrant
. Housing Project and concerns regarding the East Side Boulevard.
Councilman Springer stated concerns with traffic impacts and discussed
shuttles to Ca1Train.
Mayor Gage stated that it would be a shame to not have this property
available for businesses that want to come into Gilroy. He emphasized that we
have made a commitment to economic development for the City of Gilroy.
Councilwoman Rogers thanked Bill Henry for his explanation of existing
inustrialland. She stated that she would rather see infrastructure brought to some
of our better sites, stating her concerns with the flooding in this area. She stated
that this is prime ag land, and explained her concerns regarding this. She stated
that this is not the right site to convert to industrial use.
Councilman Gilroy stated his concerns with the premature transfer of ag
land and flooding problems. He commented that he has never heard of a problem
due to lack of large parcels of industrial land.
Councilwoman Rowlison stated that this is the wrong piece of property for
this request.
Councilman Morales stated his concern with the transfer of ag land to
industrial uses, feeling that it is premature to consider this conversion at the
present time.
Councilman Valdez agreed with the Mayor that we need to focus on
economic development and that we should be prepared to meet the challenge of
the future. He stated that we need to amend our policies to create larger parcels of
industrial land to meet the needs of future clients. He stated that this is not a
parcel that we should deal with at this time.
Councilman Springer stated that we need to maximize our efforts on
economic development. He agreed that the property may not be suitable for large
parcels of industrial development, and that we should look at this in the future. He
stated that we need to look at what is best for Gilroy.
Motion was made by Councilwoman Rogers seconded by Councilwoman
Rowlison and carried to certify the EIR as adequate and complete pursuant to
CEQA, that the Council has reviewed and considered the information in the fmal
A 96-01
Annex. #2
Res. 96-63/
96-65
6877
EIR, reflects the independent judgement of the City, and is in the public interest to
approve.
Motion was made by Councilman Gilroy seconded by Councilman Valdez
and carried that Staffbe directed to prepare appropriate documentation denying
said General Plan Amendment request (Mayor Gage voting to approve).
Motion was made by Councilman Gilroy seconded by Councilwoman
Rogers and carried that Staff be directed to prepare appropriate documentation
denying said Zone Change request.
Annexation of property at the southerly terminus of Rossi Lane, on the
south side of Southside Drive, between the Southern Pacific railway right-of-way
to the west and the South County Regional Wastewater Authority (SCRWA) to
the east for Shriner's Hospital for Crippled Children (c/o Robert Turnipseed),
Annexation 96-01 Southside Reorganization 96-01.
Motion was made by Councilman Gilroy seconded by Councilwoman
Rogers and carried that Staff be directed to prepare appropriate documentation
approving said Annexation request.
City Administrator Baksa presented a recommendation on a proposed
Annexation NO.2 to Maintenance District NO.2 (Landscape, Lighting District
No.2).
Motion was made by Councilman Morales seconded by Councilwoman
Rogers that the reading of Resolution No. 96-63 be waived and that it be adopted
Initiating Proceedings.
RESOLUTION NO. 96 - 63
RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY TO MAINTENANCE DISTRICT NO.2 - ANNEXATION NO.2
TO MAINTENANCE DISTRICT NO.2 - CITY OF GILROY, SANTA CLARA
COUNTY, CALIFORNIA - (Pursuant to the Landscaping & Lighting Act of
1972).
PASSED AND ADOPTED this 28th day of October, 1996, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, V ALDEZ, and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Motion was made by Councilman Morales seconded by Councilwoman
Rogers that the reading of Resolution No. 96-64 be waived and that it be adopted
Approving Agreement for Legal Services.
RESOLUTION NO. 96 - 64
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES FOR
ANNEXATION OF TERRITORY TO MAINTENANCE DISTRICT NO.2 -
ANNE)}ATlON NO.2 TO MAINTENANCE DISTRICT Nq. 2 - CITY OF
GILROY, COUNTY OF SANTA CLARA, CALIFORNIA(Pursuant to the
Landscaping & Lighting Act of 1972).
PASSED AND ADOPTED this 28th day of October, 1996, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, VALDEZ, and GAGE.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Motion was made by Councilman Morales seconded by Councilwoman
Rogers that the reading of Resolution No. 96-65 be waived and that it be adopted
Ordering Improvement, noting assessments to be applied to the 1997-98 Tax
Rolls.
6878
Hand.
Appeals Bd.
RESOLUTION NO. 96 - 65
RESOLUTION ORDERING IMPROVEMENT FOR ANNEXATION OF
TERRITORY TO MAINTENANCE DISTRICT NO.2 - ANNEXATION NO.2
TO MAINTENANCE DISTRICT NO.2 - CITY OF GILROY, COUNTY OF
SANTA CLARA CALIFORNIA (Pursuant to the Landscaping & Lighting Act of
1972).
PASSED AND ADOPTED this 28th day of October, 1996, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, VALDEZ, and GAGE.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council took no action on a request for endorsement of Proposition 217,
the School and Community Investment Initiative.
The following informational items were noted with no separate discussion
on same:
Customer Service:
U.S. Department of Commerce National Oceanic and Atmospheric
Administration National Weather Service letter in appreciation of Weather Service
observations;
Sandi Nelson in appreciation of Police Department's clean-up of an area on
Monterey Highway;
Assemblyman Peter Frusetta re: volunteerism of a Gilroy Police Officer;
Gilroy Economic Development Corporation agenda for October 24, 1996;
Santa Clara County Library Fact Sheet - Final FY199511996 for various
library locations within Santa Clara County;
Joint Venture: Silicon Valley Network information on Prop. 218;
Santa Clara County HIV Health Services Planning Council invitation to a
Town Hall Meeting on October 29, 1996 at South Valley Church in Gilroy;
League of California Cities new opinion piece on Prop. 218;
ABAG's Power Purchasing Pool - Summary of CPUC and Legislative
Action to restructure the electric utility industry.
The minutes of the Handicapped Board of Appeals meeting of October 10,
1996 were noted.
City Administrator Baksa noted an update on the water conservation
pro gram.
City Administrator Baksa noted the San Ysidro Task Force
recommendations will be agendized for the last part of December.
City Administrator Baksa noted that Mr. Cerda has been scheduled for
November 18, 1996.
City Administrator Baksa distributed the Third Quarter Reports.
City Administrator Baksa distributed an article from the San Jose Mercury
this morning on Crime Stats going down. The Mayor requested that this positive
article and all other positive public relations be noted on Channe134.
City Administrator Baksa distributed information on the CDBG process,
noting that a study session will need to be set in November on this.
Adjrnmt.
City Administrator Baksa distributed the cross-outlhighlighted changes for
the November Charter amendments.
S87D
City Administrator Baksa distributed the Joint City Council/Commissions'
Action Item list.
City Administrator Baksa noted that New Employee Customer Service
Training starts Wednesday.
City Administrator Baksa noted that he has been meeting with
commissions, has seen some trends, and will be dealing with action reports vs.
minutes for all to be consistent.
City Administrator Baksa confirmed the Study Session set for November
12 to meet with the Planning and Personnel Commissions. He stated that Council
is scheduled to meet with the Planning Commission from 6:00 p.m. - 7:15 p.m. and
with the Personnel Commission from 7:15 p.m. - 8:30 p.m.
City Administrator Baksa and Council set a Study Session on the Housing
Element for November 13 at 7:00 p.m.
City Administrator Baksa and Council set a Study Session on the CDBG
process for November 14 from 4:00 p.m. to 6:00 p.m.
City Administrator Baksa and Council set a Study Session with South
Valley Refuse for November 19 from 4:00 p.m. to 6:00 p.m.
City Administrator Baksa and Council set a Tentative Study Session with
Dennis Embry regarding Peace Builders for November 19 at 3 :00 p.m.
City Administrator Baksa and Council set a Study Session on the Police
Department Goals and Objectives for November 25 from 6:00 p.m. to 7:00 p.m.
City Administrator Baksa confIfmed a City/School Liaison meeting
scheduled for November 20 from 5:30 p.m. to 8:30 p.m.
City Attorney Callon distributed an ordinance from the City of San Jose
regarding Saturday Night Specials.
Councilwoman Rowlison stated that she attended the Ending Family
Violence Conference in Santa Clara on October 25 & 26, 1996.
Councilman Valdez stated that the next CalTrain site selection meeting will
be December 13 in San Jose at 10:00 a.m. He invited everyone to ride the train to
Gilroy on November 14.
Councilwoman Rogers stated that she attended a County Library JPA
meeting. She noted that our library is very crowded all the time, and needs an
expansion of20,000 sq. ft., since there is an adopted recommendation for space of
.5 sq. ft. per patron in the area served. She stated that the JP A agreed to use
ABAG figures for projections, and also approved applicatioH ctitt(ria.
Councilman Springer stated that the last of the tapes from the League have
arrived and can be checked out from the Deputy City Clerk. He stated that he will
make copies for the City Council and Deputy City Clerk of a speech from the
League conference.
At 10:26 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~~~
Rhonda Pellin, Deputy City Clerk