Minutes 1997/01/21
l
Invocation
Roll Call
'.
Posting
Agenda
Regular Meeting
January 21, 1997
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Malcolm Mac Phail, 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 :00 p.m.
The City Clerk noted that the Agenda had been posted on January 16,
1997 - 9:50 a.m.
\,
6915
691G
New Emp.
Cert.Serv.
New Emp.
Volunteers
Emp.Award
Consent
Calendar
Ord.97-3
Minutes
Res.97-10
Carlos Valdez, Equipment Mechanic scheduled for introduction was
absent.
The Mayor presented a Certificates of Service to Retired Personnel
Commissioner, Patricia Hale. Arline Silva, Arts & Culture Commission
Chairperson presented roses to K. A. Mike Gilroy for retired Commissioner,
Patricia Gilroy, absent.
Upon his entrance the Mayor introduced New Employee: Carlos Valdez,
Equipment Mechanic.
The Mayor presented volunteers of the month of December, 1996, "Team
Gilroy" Volunteer Service Program.
The Mayor presented the Employee Award for December 1996 to Nick
Amper, Chemical Control Supervisor.
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,
]r. and Donald F. Gage:
Adopted Ordinance No. 97-3 Rezoning from Rl (Single Family
Residential), to Rl- PUD (Single Family Residential-Planned Unit Development)
on approximately .82 Acres, at 95 Farrell Avenue, West of Monterey Highway, Z
96-08, Tom Carr, Applicant;
ORDINANCE NO. 97 - 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
REZONING FROM Rl (SINGLE FAMILY RESIDENTIAL) TO RI-POO
(SINGLE F AMIL Y RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON
APPROXIMATELY .82 ACRES, APN 790-07-007, Z 96-08.
PASSED AND ADOPTED this 21st 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 16, 1996;
Adopted Resolution No. 97-10 Declaring Certain Weeds Growing in the
City to be a Public Nuisance, Describing Weeds which constitute such nuisance
and providing for giving notice of the adoption of the resolution by publication
thereof;
RESOLUTION NO. 97 - 10
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING
CERTAIN WEEDS GROWING IN THE CITY OF GILROY TO BE A PUBLIC
NUISANCE, DESCRIBING WEEDS WHICH CONSTITUTE SUCH
NUISANCE AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION
OF THE RESOLUTION BY PUBLICATION THEREOF.
PASSED AND ADOPTED this 21st day of January, 1997, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
'RO\VLISON, SPRINGER, VALDEZ and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None; and
Budget Approved Budget AmendmentslTransfers as recommended.
P.& R.Com. At 7:15 p.m. Sherri Stuart, Chairperson of the Parks & Recreation
Commission gave an update report of the Parks & Recreation Commission
6917
regarding their activities and goals. At 7 :20 p.m. the Mayor continued with the
regular order of the agenda.
Pub.Hear.
Z 96-09
The Mayor stated that it was the time and place scheduled for a
Public Hearing to consider a Zoning Ordinance Text Amendment to Section 18.30,
Commercial Use Table, to require an approved Conditional Use Permit for
"Temporary Auto Sales" within a C2, C3 HC, or CM Commercial Zoning District,
Z 96-09, City of Gilroy, Applicant.
The Staff Report was noted and further explained by Planner Faus.
The Mayor asked if there was anyone in the audience wishing to speak for
or against the proposal. There was no comment from anyone in the audience. The
Mayor closed the Public Hearing.
Motion was made by Councilwoman Rowlison seconded by Councilman
Morales and carried that Staff be directed to prepare an ordinance approving the
Zoning Ordinance Text Amendment as recommended.
Train Depot Discussion was had in regard to the Train Depot Financing further
explained by Councilman Valdez who noted petitions received containing
approximately 700 signatures in favor of restoring the train depot.
The Mayor asked if there was anyone in the audience wishing to speak for
or against the proposal. The following addressed the Council:
David Peoples, 1176 Hacienda Drive, owner of Nimble Thimble and
Chairperson of the Visitors' Bureau Focus Program Committee supporting
restoration of the Depot.
Jeff Horton, 7450 Monterey Street, supporting the restoration ofthe Depot
and noting GDDC membership in favor of same.
At 8:05 p.m. Mr. Horton became ill and the Mayor declared a recess;
reconvened the meeting at 8: 18 p.rn. and noted that he had called 911 for Mr.
Horton who appeared to be in satisfactory condition.
The following addressed the Council in regard to the Train Depot
Restoration issue:
Bill Reimal, 7551 Kentwood Court, in favor of restoring the Train Depot.
Patty Hale, 7685 Wren Avenue, noting that she is in accord with fund
allocation to restore sidewalks but priority is with the Train Depot issue.
Gene Ward, 1301- 3rd Street, representing himself, retired teacher thanked
Council for their support to the Senior fees at the Golf Course. He noted that he is
in favor of restoring the Train Depot but not with sidewalk repair funding.
Greyhound Bus Depot Agency Manager in accord with restoration of the
Train Depot for relocation of the Greyhound Bus Terminal in Gilroy.
Herman Garcia, Jr., presented letters of support for restoration of the Train
Depot from the Hispanic Chamber and additional petitions in support thereof.
Aldo Viarengo, 370 Arnold Drive, supporting the Train Depot restoration
project but not with sidewalk repair funds.
Dan Palmerlee, DDS, Ill-2nd Street, member of the original revitalization
committee noting a need to complete the train depot restoration project.
The Mayor asked ifthere was anyone further in the audience wishing to
speak. There was no further comment from anyone in the audience.
Council discussed the proposal for restoring the Train Depot.
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Economic
Incentives
Mill's Act
Contract
Councilman Valdez further explained available funding he pursued for this
project and agreed that the sidewalk project should be pursued and if necessary to
delay this project to keep the train depot project on line. Motion was made by
Councilman Valdez seconded by Councilwoman Rogers to pursue funding for the
train depot restoration. Additional discussion was had by Council on the matter.
Councilman Valdez restated the motion re-seconded by Councilwoman
Rogers by the following Roll Call Vote: to direct Staff to pursue funding for the
train depot restoration and to continue to seek grants and other funding to replace
the sidewalk funds for 1997-98/1998-99: Ayes: Councilmembers: Morales,
Rogers, Rowlison, Springer, Valdez and Gage; Noes: Councilmember: Gilroy.
At 10:30 p.m. the Mayor declared a recess and reconvened the meeting at
10:35 p.m.
City Administrator Baksa presented a proposed amendment of the
policy on Economic Incentives further explained by Community Development
Director Allen.
Motion was made by Councilwoman Rogers seconded by Councilman
Morales and carried that the recommended policy amendment on Economic
Incentives be approved to allow additional credit for new jobs created under
commercial as well as industrial category.
Motion was made by Councilman Gilroy seconded by Councilman Morales
and carried that Staff be authorized to negotiate an Agreement of Economic
Incentives with Nob Hill Foods.
A request to enact the Mill's Act Contract was noted and discussed for
property on Church Street further explained by City Administrator Baksa and
Planner Durkin.
Sharon Wa1bach, property owner, addressed the Council requesting
approval of such a contract regarding property at 7425 Church Street.
Sharon Albert, local teacher, addressed the Council inquiring whether the
School District has been notified regarding revenue loss to the City and School
District, if all eligible properties should request the property tax relief contract for
historic preservation of eligible property and how this would monitored.
Council directed Staff to check with the School District and County for
their input and that this type of contract be referred to the Historic Heritage
Committee and Planning Commission as this would be precedent setting. It was
noted the matter would be re-agendized when additional information is obtained.
The Mayor asked if there was anyone in the audience wishing to speak on
any matter not on the agenda. There was no comment from anyone in the
audience.
The following informational items were noted with no separate discussion
on same:
Customer Service:
Resident In Appreciation of City's Pre-School Program;
Police Department Inter-Office Memo In Appreciation of Administrative
Services Staff Training;
Community Services Department Inter-Office Memo In Appreciation of
Staff during Emergency Storm Work;
Community Services Inter-Office Memo In Appreciation of Assistance in
Boy Scout Project;
Plan. Corn.
1-2-97
(i9JB
Local Resident In Appreciation of Administrative Staffs Assistance;
Police Department Inter-Office Memo In Appreciation of Human
Resources Services Staff;
Community Services Department Inter-Office Memo In Appreciation of
Police Department's actions;
Accident Victims In Appreciation of Police Officers Efficiency and
Pro fessionalism;
Retired Arts & Culture Commissioner Patricia Delleney-Gilroy In
Appreciation of Appointment to Commission;
Police Department Employees of the Month of November, 1996, Romeo
Dekelaita and Roger Aguirre;
Monthly Update Report of Long-Range Applications and Status ofRDO
Allocation & Activity, January 2, 1997;
Local Residents Concerned of City's Action re: Low Income Housing;
South County Housing re: Affordable Housing;
Minutes ofthe Police Chiefs Advisory Group Meeting of November 20,
1996;
Gilroy Economic Development Corporation In Appreciation of the City's
1996 Financial Contribution;
Gilroy Golf Course Timeline Revisions;
League of California Cities Legislative Bulletin # 1 - 1997.
The Report of the Planning Commission Meeting of January 2, 1997,
was noted.
The recommendation on AlS 96-22 Planned Unit Development (PUD)
Architectural Design Review Approval for the Construction of a 2,668 sq.ft. Fast
Food Restaurant (Taco Bell) on a .67 acre Undeveloped Lot Zoned C3-PUD
(Shopping Center Commercial-Planned Unit Development) Located at the
northeast corner of First Street and Kern Avenue, The Frazier Group, Applicant,
was noted and further explained by Planner Stice.
Motion was made by Councilman Springer seconded by Councilman Gilroy
and carried that the Mitigated Negative Declaration be adopted, dated 10-28-96
containing eight mitigation measures, as completed in compliance with CEQA and
reflecting the independent judgement of the City.
Motion was made by Councilman Springer seconded by Councilwoman
Rogers and carried that Staffbe directed to prepare a resolution approving AlS
96-22 with modification as recommended to Condition #2 and the addition of
Condition # 11 as modified per the Acting City Attorney to include wording that
the Agreement form is acceptable to the City.
City Administrator Baksa noted the Water Conservation Program Update.
City Administrator Baksa noted a report on Shop Smart Source Reduction
Supermarket Campaign. Councilman Springer noted that the Styrofoam issue
needs to be addressed.
City Administrator Baksa distributed copies of a Fund Report noting the
origination of each fund.
City Administrator Baksa distributed an agenda for the City
69~20
Adjrnmt.
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Council/Manager Retreat scheduled for January 24, 1997 requesting Council to
return the narratives. Council concurred that the Harvest Time Restaurant be
reserved for dinner following the Retreat.
City Administrator Baksa noted a draft proposal from South Valley
Disposal and Recycling is forthcoming and will be re-agendized for Council
review. Councilman Gilroy requested that South Valley Disposal & Recycling
inform the Council the amount of revenue to be generated from their proposal.
City Administrator Baksa distributed an article on the Housing Element
Laws. The Acting City Attorney noted that the Court Case challenging the
Housing Element Laws was won at the trial court level and it is now on appeal and
they will keep Council informed on this issue.
The Mayor noted his phone number effective during the next 30 days while
moving his resident.
Councilman Gilroy thanked Council for serving at the recent Symphony
Reception.
The Mayor noted the following: City Council/Manager Retreat January 24,
19978:00 a.m. to 5:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, CA
5:00 p.m. to 7:00 p.m. - Dinner Break, Harvest Time Restaurant; City Council!
Police Department Mini Retreat, February 8, 1997 8:00 a.m. to approximately
5:00 p.m.+, Gilroy Senior Center, 7371 Hanna Street, Gilroy, CA.
At 11 :37 p.m. the Mayor adjourned the meeting.
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SusanneE. Steinmetz, City Clerk