Minutes 1996/11/18
T
Invocation
Roll Call
Posting
Agenda
Emp.Award
Consent
Calendar
Claims
MOD's
Ord.96-19
Minutes
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688J
Regular Meeting
November 18, 1996
Gilroy, California
The Mayor announced that Council were in Closed Sessions pursuant to
GC Section 54957 re: Threat to Public Services with Roy Sumisaki, Police Chief
and pursuant to Section 4956.9(b)(3)(C) Conference with Legal Counse1-
Anticipated Litigation and took no action at either Closed Session.
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Malcolm MacPhail, New Hope Community Church gave the Invocation.
Present: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie
Rogers, Suellen C. Rowlison, Thomas W. Springer, Pete Valdez, Jr. and Donald F.
Gage - 7:06 p.m.
The City Clerk noted that the Agenda had been posted on November 14,
1996 - 9:23 a.ill.
The Mayor presented the Employee Award for the month of October, 1996
to Elizabeth Ugalde, Human Resources Analyst.
Motion was made by Councilman Gilroy, seconded by Councilman
Morales that the following items 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:
Denied Claims of Roberta Schanding and Lindsey Crocker as
recommended;
Approved Memorandums of Understanding with AFSCME, AFL, CIO,
Loca11 01, Gilroy Chapter, General Unit, July 1, 1996 to June 30, 1998 and the
Supervisory Unit;
Adopted Ordinance No. 96-19 Amending Section 18.30, 46.67 and 50.41
of the Gilroy Zoning Ordinance, Z 96-06;
ORDINANCE NO. 96 - 19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING SECTIONS 18.30,46.67, AND 50.41 OF THE GILROY ZONING
ORDINANCE, Z 96-06.
PASSED AND ADOPTED this 18th day of November, 1996, by the following
vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, VALDEZ and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None;
Approved the Minutes of the Regular Council Meeting of October 7, 1996;
6884
Res. 96-66
Minutes
Imp.Agree.
Pub.Hear.
Z 96-07
Adopted Resolution No. 96-66 approving application for the Transit
Capital Improvement Pro gram;
RESOLUTION NO. 96 - 66
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING THE ~PLICATION FOR THE TRANSIT CAPITAL
IMPROVEMENT PROGRAM.
PASSED AND ADOPTED this 18th day of November, 1996, by the following
vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, VALDEZ and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None;
Approved the Minutes of the Regular Council Meeting of October 21,
1996; and
Approved Property Improvement Agreement #96-43, Tract #8898,
Heritage Place, Phase II, LJW Enterprises, Inc. as recommended.
The Mayor stated that it was the time and place scheduled for a Public
Hearing on Zoning Ordinance Text Amendment request of Albert Fortino for a
modification of Section 50.62 of the Zoning Ordinance re: Subsection (b)91) of
the Zoning Ordinance to approve an exception to the limit of four (4) or fewer
units to be developed for projects located southwest of Santa Teresa Boulevard,
between Hecker Pass Highway and Castro Valley Road, to allow 13 or fewer units
to be developed within any three year period, Z 96-07.
The Staff Report was noted and further explained by Planner Durkin.
The Mayor asked if there was anyone in the audience wishing to speak for
or against the proposal.
The following addressed the Council in favor of the Zoning Text
Amendment:
Gene Wells, representing the owner and resident at 5465 Mesa Road;
Mark Hewell, Hewell & Sheedy Construction;
Lee Kalpin, 5405 Nicole Way.
The Mayor asked if there was anyone further in the audience wishing to
speak. There was no comment from anyone in the audience. The Mayor closed
the Public fI~aring.
Discussion was had by Council on the matter.
Motion was made by Councilwoman Rogers seconded by Councilman
Morales that Staffbe directed to prepare an ordinance approving the Zoning
Ordinance Amendment, Z 96-07, by the following Roll Call Vote: Ayes:
Councilmembers: Gilroy, Morales, Rogers, Rowlison, Springer, Valdez and Gage.
It was noted that a study of the intent and/or defmition of Section 50.62(b)91) not
be conducted at this time.
Motion was made by Councilman Valdez seconded by Councilman
Morales and carried that architectural and site plans (specifically Albert Fortino's
proposed development) for Z 96-07 be presented to Council for review and
approval.
Motion was made by Councilwoman Rowlison seconded by Councilman
Morales and carried that Council not direct Staff to study the intent and/or
Southside
Reorg.96-1
96.)
Res.96-67
Res.96-68
Cerda
Vendor
Permit
6885
defInition of Section 50.62(b)(1). Councilman Springer voted "no" on the motion.
Final action required on Southside Reorganization 96-01, Shriner's
Hospital for Crippled Children, Applicant, was noted. (Public Hearing held 10-28-
Motion was made by Councilwoman Rogers seconded by Councilman
Springer that the reading of Resolution No. 96-67 denying appeal of the Planning
Commission decision denying application to prezone property, Z 96-02 be waived
and that it be adopted.
RESOLUTION NO. 96 - 67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DENYING THE APPEAL OF Z 96-02, AN APPEAL OF THE PLANNING
COMMISSION'S DENIAL OF AN APPLICATION TO PREZONE
APPROXIMATELY 64.54 ACRES OF PROPERTY FROM COUNTY AG
(AGRICULTURAL) TO M2 (GENERAL INDUSTRIAL) UPON
ANNEXATION TO THE CITY, Z 96-02 (APN 841-15-074).
PASSED AND ADOPTED this 18th day of November, 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 Springer seconded by Councilman
Morales that the reading of Resolution No. 96-68 be waived and that it be adopted
ordering and approvingSouthside Reorganization 96-01.
RESOLUTION NO. 96 - 68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ORDERING SOUTHSIDE REORGANIZATION 96-01 BY ANNEXATION OF
A PARCEL TOTALLING APPROXIMATELY 64.54 ACRES CONTIGUOUS
TO THE CITY OF GILROY AND DETACHMENT FROM SOUTH SANTA
CLARA COUNTY FIRE DISTRICT AND SANTA CLARA COUNTY OPEN
SPACE AUTHORITY, A 96-01.
PASSED AND ADOPTED this 18th day of November, 1996, by the following
vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, VALDEZ and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None.
A request of Hi po lit a Cerda for Council to reconsider their decision to
uphold the decision of the Police Department denying a vendor permit was noted.
Motion was made by Councilwoman Rogers seconded to Councilman
Valdez and carried that Council reconsider their previous decision and allow Mr.
Cerda to present his case.
At V:55 p.rn. the Mayor adjourned the meeting to a Closed Session
regarding the Cerda appeal pursuant to GC Section 54956.7.
At 8:50 p.m. the Mayor reconvened the regular Meeting.
The City Attorney noted that Council met in Closed Session regarding
Hipolita Cerda's appeal and evidence presented that a vendor's license be granted.
Motion was made by Councilman Valdez seconded by Councilwoman
Rogers that Council agrees to rescind their previous action denying Hipolita Cerda
a vendor license and that issuance of a vendor license to Mr. Cerda be approved
for a six month period with the condition that all of the laws of the City, County
h()sr,
,0 U
and State be complied with and adhered to as dictated by the City Attorney by the
following Roll Call Vote: Ayes: Councilmembers: Rogers, Rowlison, springer and
Valdez; Noes: Councilmembers: Gilroy, Morales and Gage.
At 8:53 p.m. the Mayor declared a Recess and reconvened the meeting at
8:58 p.m.
Com.-P&R An official letter of resignation from Greg Camacho-Light from the Parks
& Recreation Commission was noted and accepted with regret.
The following informational items were noted with no separate discussion
on same except as noted:
Customer Service:
Supervisor Dianne McKenna In Appreciation of City's Recognition of her
Efforts regarding the Library;
Keogh & Dodd, Commercial Mortgage Brokers, In Appreciation of
Planning and Building Staff;
Proclamation Issued by Mayor Gage: Bible Week - November 24-
December 1, 1996;
Monthly Report of Long-Range Applications and Status ofRDO
Allocation & Activity;
League of California Cities Legislative Bulletin #36 - 1996;
Arts & Culture Commissioner Pray re: Falcon Cable TV; Councilman
Gilroy requested Staff contact Falcon Cable regarding their previous agreement on
customer service.
City's Response to Inquiry of the Planning Commission Approval ofa
Conditional Use Permit for a Card Room Located at 6940 Chestnut Street, Gilroy;
Minutes of the Gilroy Visitors' Bureau Advisory Council Meeting of
October 10, 1996 and Financial Report through September 30, 1996;
City's Response to Pamela Jones' Concerns of November 5, 1996;
Minutes of the Police Chiefs Advisory Group Meeting of October 9, 1996;
Councilwoman Rogers requested the Community Services Department report to
Council on the scholarship program. Discussion was had regarding a expansion of
the Activity Guide to include listings of activities available from the community
base organizations and to discuss same with the Parks and Recreation
Commission.
Plan. Com.
The Report of the Planning Commission Meeting of November 7, 1996
was noted.
The recommendation on NS 96-19 (PUD) Glen-Loma Group (Craig
Filice) was noted and further explained by Planner Durkin.
Motion was made by Councilman Gilroy seconded by Councilman Morales
and carried that Staffbe directed to prepare a Resolution Approving NS 96-19.
City Administrator Baksa noted an Update on the Water Conservation
Program.
City Administrator Baksa distributed Information from the Police Chief
regarding Saturday Night Specials and Goals & Objections of all City
Departments.
Adjrnmt.
60Qt.''1
.Jut
Council concurred with 1-1 1/2 Day Council/Police Department Retreat
with POST Certified Consultant concerning "Community Policy".
City Administrator Baksa noted a Crime Rate Analysis of comparable cities
in the area being prepared.
City Administrator Baksa noted City of Morgan Hill's Intent to End Their
Participation in Cable TV Working Group. It was noted that the City should
continue to inform the City of Morgan Hill of the Task Force Cable Group's
progress.
Councilman Springer inquired of the League of California Cities' report of
the effects of Proposition 218.
Councilman Gilroy noted the City-wide Christmas Program scheduled for
November 29 and noted a need for Santa volunteers.
Councilwoman Rogers reported on the Farewell Event that she and
Councilwoman Rowlison attended for Senator Mello.
Councilwoman Rowlison gave an update on the integrated Water Plan to
be on the Santa Clara Valley Water District Board Meeting November 20, 1996 at
7 :00 p.m. She noted a Comprehensive Flood Plan being proposed for South Zone
Flood Zone. She noted the Peacebuilders meeting November 19th at the School
District Office 7:00 p.m. She also gave an update on the Joint Venture Silicon
Valley Meetings.
Councilman Morales noted the Thanksgiving Neighborhood Event
November 20, 1996 from 10:00 a.m. to 2:00 p.m. at San Ysidro School and
suggested anyone interested contact the Police Department. He also noted the
Salvation Army Food Drive and request for Bell Ringer volunteers; also noting
that St. Joseph's needs volunteers for the Holiday events.
Councilman Valdez reported on the Transportation Agency vehicle that
was proposed to be used is not certified for the Southern Pacific Railroad track
and the event may be cancelled. He further gave an update on the the Cities
Association and Leagues plans to determine the effects of the recent legislation
approved by the voters.
The Mayor noted the following meetings/events:
Gilroy City Council Study Session, November 19, 1996 - 4:00 p.m. to 6:00
p.m., Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, re: Discussion
with South Valley disposal & Recycling Inc. recycling plans and rate structuring;
Joint City Council/Gilroy Unified School District Board of Education
Liaison Committee Study Session, November 20, 1996 - 5:30 p.m. to 8:30 p.m.,
Gilroy Unified School District Board Room, 7810 Arroyo Circle, Gilroy, and
Gilroy City Council Study Session, December 9, 1996 - 7:00 p.m., Council
Chambers, City Hall, 7351 Rosanna Street, Gilroy, re: Interview for Commission
and Board Appointments Effective January 1, 1997.
At 9:55 p.m. the Mayor adjourned the meeting.
Res~ectM1Y submitted,