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Minutes 1997/01/07 690b Invocation Roll Call Posting Agenda Consent Calendar Regular Meeting January 6, 1997 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Bob Achilles, Trinity Bible 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. - 7:03 p.m. The City Clerk noted that the Agenda had been posted on January 2, 1997 - 8:30 a.m. Motion was made by Councilman Valdez, seconded by Councilman Morales that the following items under the Consent Calendar be approved by the Def.Comp. , Budget Res.97-l & 97-2 Ord.97-1 6907 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: Appointed Pam Latronica to fill the vacancy on the Deferred Compensation Advisory Committee as recommended; Approved Budget Transfers! Amendments as recommended; Adopted Resolution Nos. 97-1 and 97-2 respectively, Establishing 1996-1997 Salary Schedules for Gilroy Firefighters Local 2805 and 1996-1997 Schedules for Gilroy Police Officers' Association; RESOLUTION NO. 97 - 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING 1996-1997 SALARY SCHEDULES FOR GILROY FIREFIGHTERS LOCAL 2805. PASSED AND ADOPTED this 6th day of January, 1997, by the following vote: AYES: COUNCILMEMBERS; GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, V ALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None; RESOLUTION NO. 97 - 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING 1996-1997 SALARY SCHEDULES FOR GILROY POLICE OffiCERS' ASSOCIATION. PASSED AND ADOPTED this 6th day of January, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None; Adopted Ordinance No. 97-1 Repealing Chapter 24 ofthe City Code Substituting Revisions to Chapter 24 relating to Cable Television Franchises; ORDINANCE NO. 97 - 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING IN ITS ENTIRETY CHAPTER 24, ARTICLE III OF THE GILROY CITY CODE AND SUBSTITUTING THEREFOR CHAPTER 24, ARTICLE III, THE FOLLOWING SECTIONS TO REVISE THE PROCEDURES AND REQUIREMENTS RELATING TO CABLE TELEVISION FRANCHISES; TO REFLECT CHANGES IN APPLICABLE LAW AND TO BETTER ENSURE THAT USE OF PUBLIC RIGHTS-OF-WAY BY CABLE SYSTEMS SERVES THE PUBLIC INTEREST. PASSED AND ADOPTED this 6th day of January, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None; ORD.97-2 Adopted Ordinance No. 97-2 Amending Section 18.6(a) of the city Code, Restricting Intoxicating Liquor in City Parks; ORDINANCE NO. 97-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION l8.6(a) OF THE GILROY CITY CODE, RESTRICTING INTOXICATING LIQUOR IN CITY PARKS. PASSED AND ADOPTED this 6th day of January, 1997, by the following vote: 6908 Surplus Equip. Res.97-3 Res.97-4 Minutes Res.97-5 Res.97-6 AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, V ALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None; Declared Surplus Equipment as recommended; Adopted Resolution No. 97-3 approving TM 96-07, 75 lot Single Family Residential Subdivision with Two designated remainder lots, on property zoned Rl/R3-PUD located west of Thomas Road and north of Babbs Canyon Creek, Kaufman & Broad, Applicant; RESOLUTION NO. 97 - 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A VESTING TENTATIVE MAP TM 96-07 TO CREATE 75 SINGLE F AMIL Y LOTS, A PUBLICLY DEDICATED CREEK PRESERVE, AND TWO REMAINDER PARCELS ON APPROXIMATELY 54.2 ACRES, APNS 808-20-006, ,011, AND 016, KAUFMAN & BROAD, MONTEREY BAY INC., APPLICANT. PASSED AND ADOPTED this 6th day of January, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None; Adopted Resolution No. 97-4 Approving AlS 96-32 Historic Site, I.O.O.F. Children's Horne; RESOLUTION NO. 97 - 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AlS 96-32, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A RECONSTRUCTED CHIME TOWER WITHIN AN HISTORIC SITE COMBINING DISTRICT, APN 84-04-024. PASSED AND ADOPTED this 6th day of January, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None; Minutes of the Regular Council Meeting of December 2, 1996; Adopted Resolution No. 97-5 Approving AlS 96-21 for a PUD Involving approximately 41 acres, Zoned Rl/R3-PUD, Kaufman & Broad, Applicant, loc~ted on the west side of Thomas Road, north of Babbs Canyon Creek for 75 Single Farnily Homes; "fli ' RESOLUTION NO. 97 - 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AlS 96-21, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) INVOLVING APPROXIMATELY 41 ACRES, APNS 808-20-006,011 AND 016, ZONED Rl/R3 PUD. PASSED AND ADOPTED this 6th day of January, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None; and Adopted Resolution No. 97-6 Adopting Consumer Protection Standards for Cable Service Subscribers. PubHear . RDO aps Pub.Hear. Garlic City Card Room GaO;t RESOLUTION NO. 97 - 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING CONSUMER PROTECTION STANDARDS FOR CABLE SERVICE SUBSCRIBERS. PASSED AND ADOPTED this 6th day of January, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None; The Mayor noted the Public Hearing to consider additional Housing Permit Allocations for the Year 2001 for 1996 Residential Development Ordinance Applicants scheduled for this meeting would be continued to a later date, requested by John M. Filice, Jr. The Mayor also noted that he may have a conflict of interest in the matter and is awaiting a ruling from the Fair Political Practices Commission for a written response that may take twenty-one days and noted that the Public Hearing would be rescheduled after receipt of the response from the FPPC. Pamela Jones, Falcon Court, addressed the Council and objected to the continuance of the Public Hearing. Cat Tucker, addressed the Council and requested notification when the Public Hearing is rescheduled for this matter. Motion was made by Councilman Valdez seconded by Councilman Springer and carried that the request for continuance be granted and that the Public Hearing be scheduled at the earliest date following receipt of a ruling from the Fair Political Practice Commission regarding the Mayor's possible conflict of interest. Pamela Jones, addressed the Council noting that it is her opinion that the process ofRDO applicants was followed and that no issue on this matter should be continued. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider applications from Henry Shemock, Larry Goldberg, John Dillon, Ralph Morocco and Sandy Kaufmann for a cardroom permit at Garlic City Card Room, 40 Hornlein Court, Gilroy, CA as required by Gilroy Municipal Code Section 16.6-1, Subsection (g). The Staff Report was noted and further explained by City Administrator Baksa and Police Chief Sumisaki. Discussion was had by Council on the matter. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Frank Romero, 6400 Sussex place, representing the applicants addressed the Council noting that if the Card Room Permit is granted that the present Card Room owner would de-activate the five tables now in operation on the premises. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motionwas made by Councilman Valdez seconded by Councilwoman Rowlison and.~!'I:rried that a Card Room Permit be approved as requested contingent on purchase{jf the existing Card Room with the final permit including conditions be ptb'vided Council for informational purposes. Councilman Springer voted "no" on the thotion. 6910 Willey Center The Willey Cultural Center Landscape and Site Master Plan cost estimates were noted and further explained by City Administrator Baksa. Councilwoman Rowlison requested in-put from the Performing Arts Groups for the stage proposed prior to final specifications being approved for this project. Motion was made by Councilwoman Rowlison seconded by Councilman Gilroy and carried that the Willey Cultural Center Landscape and Site Master Plan be approved in concept including Items No.1 through #12 as recommended. Train Depot Council discussed the Train Depot renovation fmancing which was further explained by City Administrator Baksa. Z 96-08 Intro Ord. Res.97-7 Councilman Valdez requested the matter be continued for two weeks to allow him to explore funding for this project. Motion was made by Councilman Morales seconded by Councilwoman Rowlison and carried that the discussion of financing the Train Depot Renovation proposal be tabled to the January 21 st regular meeting in order to allow Councilman Valdez time to explore funding for this project. Pat Snar, Recreational Coordinator-Museum, addressed the Council and explained the Historic Building Survey provided Council regarding this issue. At 9:30 p.m. the Mayor declared a recess and reconvened the meeting at 9:40 p.m. The Ordinance approving a Zoning Map Amendment for Z 96-08, Tom Carr, Applicant, R1 Pun on a one acre parcel located at 95 Farrell Avenue, west of Monterey Highway was noted for introduction, noting that the Public Hearing was held December 16, 1996. Motion was made by Councilman Springer seconded by Councilman Gilroy and unanimously carried that the ordinance be read by title only and waived further reading of the ordinance. The Clerk read the title of the ordinance. The City Attorney recommended that a condition be added to the Tentative Map of this property that the Tentative Map would become effective when the Zoning Ordinance Amendment becomes effective and also recommended that the Resolution for AlS 96-11 PUD (South County Housing) include an approval of the Mitigating Monitoring Program contained in the Negative Declaration. Motion was made by Councilman Springer seconded by Councilman Gilroy and carried that the Ordinance be introduced approving Z 96-08 and that it be pubpshed by title and summary. Motion was made by Councilman Springer seconded by Councilman Morales that the reading of Resolution No. 97-7 be waived and that it be adopted ~pproving TM 96-08, for a Four Lot Residential Subdivision, comprised of two Single Family lots and Two Duplex lots at 95 Farrell Avenue, Tom Carr, :\-pplicant. (Public Hearing held December 16, 1996.). RESOLUTION NO. 97 - 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 96-08, A TENTATIVE MAP WITH FOUR RESIDENTIAL PARCELS ON APPROXIMATELY .82 ACRES, LOCATED AT 95 FARRELL AVENUE, APN 790-07-007. PASSED AND ADOPTED this 6th day of January, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, SPRINGER, V ALDEZ and GAGE NOES: COUNCILMEMBERS: ROGERS and ROWLISON ABSENT: COUNCILMEMBERS: None. Res.97-8 Res.97-9 S.C.Valley Water Dist 60 t i J. J. Motion was made by Councilman Springer seconded by Councilman Morales that the reading of Resolution No. 97-8 approving TM 96-01, for a 65 lot R1 Subdivision on property zoned R1-PUD, located east of Santa Teresa Boule- vard at its intersection with Longmeadow Drive, north of Morey Creek and west of Lions Creek, South County Housing, Applicant be waived and that it be adopted. RESOLUTION NO. 97 - 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 96-01, A TENTATIVE MAP WITH SIXTY-FIVE RESIDENTIAL LOTS AND SEVEN COMMON AREAS ON APPROXIMATELY 9.05 ACRES LOCATED ON THE EAST SIDE OF SANTA TERESA BOULEVARD, APN 790-05-039. PASSED AND ADOPTED this 6th day of January, 1997, by the following vote: AYES: COUNCILMEMBERS: MORALES, ROGERS, ROWLISON, SPRINGER, V ALDEZ, and GAGE NOES: COUNCILMEMBER: GILROY ABSENT: COUNCILMEMBERS: None. Motion was made by Councilman Springer seconded by Councilman Morales that the reading of Resolution No. 97-9 be waived and that it be adopted approving AlS 96-11 PUD, South County Housing as modified by the City Attorney, specifically to include approval of the mitigating monitoring program contained in the Negative Declaration. RESOLUTION NO. 97 - 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AlS 96-11, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) INVOLVING APPROXIMATELY 9.05 ACRES, APN 790-05-039, ZONED R1- POO. PASSED AND ADOPTED this 6th day of January, 1997, by the following vote: AYES: COUNCILMEMBERS: MORALES, ROGERS, ROWLISON, SPRINGER, V ALDEZ, and GAGE NOES: COUNCILMEMBER: GILROY. ABSENT: COUNCILMEMBERS: None; Councilman Gilroy noted that his reasons for voting in opposition on the Resolutions Approving TM 96-01 and AlS 96-11 PUD are that construction of homes on 3200 sq.ft. lots should not be allowed without adequate recreational facilities being provided in the area. A request of the Santa Clara Valley Water District for Flood Control Zone Advisory Committee - South Zone and Water Commission Representatives was noted. Motion was made by Councilman Morales seconded by Council- woman Rogers and carried that Councilwoman Rowlison and Norman S. Allen, Community Development Director as Alternate representatives on the Flood Control Zone Advisory Committee - South Zone be renominated and that Councilwoman Rowlison be renominated as the City's representative on the Santa Clara Valley Water Commission and that Councilman Springer be nominated as the Alternate representative as recommended by the Mayor. Councilwoman Rogers commended Councilwoman Rowlison for perfect attendance on the Advisory Committee and Commission. The following informational items were noted with no separate discussion on same: Customer Service: HUIU@ Res,ources.Inter-Office Memorandum In Appreciation of Assistancefrom'Finarrce"btvision StaJf; enl') 0:.:1. i.". P. & R. Corn 11-19-96 Pers.Com. 10-21-97 & 11-25-96 Local Resident In Appreciation of Water Division's Assistance; Fire Department Inter-Office Memo In Appreciation of City Administrator's Participation In Annual Retreat; Police Department Inter-Office Memo In Appreciation of Assistance at Promotional Ceremony; Local Citizens In Appreciation of Police Department's Assistance at Rogers lane Clean-up Day; Economic Development Corporation In Appreciation of Police Department Personnel at Downtown Beautification Day; Aids Resources Information & Services In Appreciation of Police Department Staffs Dedication; Human Resources Appreciation of Administrative Assistant-Police Department Assistance at Recent Oral Board; Police Chiefs Inter-Office Memos In Appreciation of Police Officer's Recovery of Stolen Vehicles; and Local Citizen and (City's Response) In Appreciation of Community Service Officer's Magnificent Actions regarding an Animal Control Complaint. Catholic Charities re: CDBG Funds; City's Invitation to Santa Clara and San Benito County Sheriffs and surrounding Cities to Attend Youth Violence Summit; Minutes of the Gilroy Visitors' Bureau Advisory Council Meeting of November 14, 1996 and Financial Statement through October 31, 1996; Proclamations Issued by Mayor Gage: Vietnamese Community Week - February 1-9,1997; and Endorsement of "Character Counts Program" sponsored by the United States Conference of Mayors. League of California Cities Restructuring the Electricity Services Industry Status Report and Summary of AB 1890, November 1996; and Mayor's Certificates Honoring Recipients of the Gilroy Chamber of Commerce Man, Woman, Business and Volunteer 1996 Awards. The Minutes of the Parks & Recreation Commission Meeting of November 19, 1996 were noted. The Minutes of the Golf Course Men's Club Board Meeting of December 3, 1996 were noted. The Minutes of the Arts & Culture Commission Meeting of November 12, 1996 were noted. The Minutes of the Library Commission Meeting of November 13, 1996 were noted. The Minutes of the Personnel Commission Meeting of October 21, 1996 and November 25, 1996 were noted. City Administrator Baksa gave a briefing on the EOC exercise during the recent storm January 1 and 2, 1997. Councilwoman Rowlison noted the Flood Control District Meeting next Thursday at the Morgan Hill City Hall. Adjrnmt. ., 'j 6913 Mayor noted that he may not be able to attend the Council Retreat January 25, 1997. Discussion was had regarding alternate dates. Councilman Morales distributed a proposal for Gilroy Youths as a possible topic for the Council retreat. Councilwoman Rogers concurred with Councilman Morales and noted a Youth Development Task Force scheduled for January 14, 1996 at 4:00 p.m. at the Senior Center. Councilwoman Ro gers noted that the Council is scheduled to serve refreshments at the South Valley Symphony performance January 18 and that she and Councilwoman Rowlison will not be able to attend. Councilman Gilroy noted that the Symphony performance is scheduled for 8:00 p.m. at the Presbyterian Church and that a Notice needs to be posted. Councilman Gilroy distributed a letter from a local resident concerning garbage rates that should be considered when Council meets with South Valley Disposal and Recycling Inc. Councilman Springer commended the City crews during the recent flooding and storm. The Mayor noted the following meetings/events: Gilroy City Council Special Meeting, Wednesday, January 8, 1997 at 7:00 p.m. re: Discussion with South Valley disposal & Recycling Inc. and possible action on recycling plans and rate structuring, Council Chambers, City Hall, 7351 Rosanna Street, Gilroy; and Santa Clara County Cities Association-City Selection Committee Meeting, January 9, 1997 - 7:30 p.m., Sunnyvale City Hall. At 10: 16 p.m. the Mayor adjourned to a Special Meeting, January 8, 1997 at 7:00 p.rn. re: South Valley Disposal & Recycling Inc. on Recycling Plans and Rate Structuring. Respectfully submitted, Susanne E. Steinmetz, City Cler