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