Minutes 1997/02/18
6926
Invocation
Posting
Agenda
Ro II Call
Introductions
Presentations
Consent
Calendar
Minutes
Minutes
Minutes
Sidewalk
Repair
Impts- Hewell
Regular Meeting
February 18, 1997
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Langley of the First Baptist Church led the invocation.
The Community Development Secretary reported that the agenda had been
posted on February 13, 1997 at 9:00 a.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, 7:03 p.m.
Mayor Gage introduced new employee, Police Officer Chad D. Gallacinao.
Mayor Gage presented the January, 1997 Employee ofthe Month Award
to Norman S. Allen.
Presentation by John Garcia and Susan Black of the Community Services
Department awarding the California Parks & Recreation Society (CPRS) Award of
Excellence to Mayor Gage in recognition of the Gilroy Youth Center project.
Presentation by Mike Aro and Bill Capps of the Valley Transportation
Authority regarding proposed new transit bus routes.
Motion was made by Councilman Morales, seconded by Councilman
Valdez 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:
Approved the minutes of the Special Council Meeting of January 8, 1997.
Approved the minutes of the Regular Council Meeting of January 21,
1997.
Approved the minutes of the Regular Council Meeting of January 27,
1997.
Accepted the Completion of Sidewalk Repairs Along Rosanna Street,
Project No. 96-CDD-456.
Accepted the Completion of Chappell Court, Tract 8802, Hewell
Improvements.
Pub.Hear.re: The Mayor stated that it was the time aRd place scheduled for a Public
Weed Abate. Hearing to Consider Annual Destruction of Removal of Weeds andlRefuse
Res.97-13 Constituting a Public Nuisance in the City of Gilroy.
The Staff Report was noted and further explained by City Administrator
Baksa.
Councilwoman Rowlison requested a notation be made regarding hand
labor charges, and advising abatement is less expensive if performed by the
property owner instead of the City, when notices are sent out. City Administrator
advised that the entire weed abatement project will be re-bid this year.
Councilman Gilroy requested a spot check to ensure accuracy of hourly charges.
..."
Pub.Hear.re:
TM 96-06
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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 Councilman Gilroy, seconded by Councilman Valdez
and carried that the reading of Resolution No. 97-13 be waived and that it be
adopted.
RESOLUTION NO. 97-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INSTRUCTING THE CHIEF OF THE FIRE DEPARTMENT TO ABATE THE
NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE
ACCUMULATING UPON LOTS OR IN FRONT OF PROPERTY IN THE
CITY OF GILROY, PURSUANT TO SECTION 12.51 OF THE GILROY CITY
CODE.
PASSED AND ADOPTED this 18th day of February, 1997, by the following
vote:
AYES:
NAYES:
ABSENT:
COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, VALDEZ, and GAGE.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
The Mayor stated that it was the time and place scheduled for a Public
Hearing to Consider a Tentative Map Request to subdivide a parcel approximating
2.45 acres into an 11 lot Single Family Residential Lot Subdivision, on Property
Zoned R1 (Single Family Residential), located on the northwest corner of
Ponderosa Drive and Cypress Court, along Santa Teresa Boulevard. Jerry Moen,
applicant, TM 96-06.
The Staff Report was noted and further explained by Planner II Durkin.
Councilman Springer asked about maintenance of the soundwall and
Planner Durkin advised that the City will likely be responsible due to inability to
set up Assessment Districts. Councilman Springer requested clarification of the
street layout regarding Cypress, further explained by Planner Durkin.
Councilwoman Rowlison asked about the measurement point for the 25 ft.
easement, further explained by Planner Durkin. Planner Durkin advised that the
soundwall design attempts to match and significantly conform to soundwalls south
of the site. The soundwall design was reviewed by the Santa Teresa Corridor Task
Force.
Councilman Gilroy commented that Condition 14 conflicts with
Proposition 218. City Attorney Callon advised that Condition 14 should be
retained and could be waived at a later time.
The Mayor asked if there was anyone in the audience wishing to speak for
or against the proposal.
Marsha Howson Bodnar, adjacent property owner, commented on the
approximate 5 ft. setback, further explained by Planner Durkin. Ms. Bodnar asked
if the developer be required to build a fence, and Planner Durkin stated that staff
could meet with applicant if required.
City Attorney Callon advised Council to direct staff to include provision
for fence or sidewalk, added as Condition 16.
Cynthia Kane, 1360 Cypress Court, spoke regarding concern over the
estimated value of the homes and their square footage.
Jerry Moen, applicant, spoke in support of the request and responded to
ques,ti?~s regwding square footage, value and construction time frame.
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Pub.Hear.re:
Pre- Annex.
Dev. Agmt.
M 97-01
There being no further comment from anyone in the audience, the Mayor
closed the public hearing.
Motion was made by Councilman Springer, seconded by Councilman
Morales, and carried unanimously, approving the Negative Declaration as
completed in compliance with CEQA and reflecting the independent judgment of
the City.
Councilwoman Rowlison asked if the 25 ft. dedication runs south to
Thomas Road. Planner Durkin stated that at this time, the dedication affects only
this property.
Councilwoman Rogers inquired about other fmancial alternatives to
provide maintenance of soundwalls. City Administrator Baksa stated discussion
on financing sources should be postponed pending outcome of litigation on
Proposition 218.
Councilwoman Rowlison requested further clarification on 25 ft.
dedication. Community Development Director Allen advised that the property will
be dedicated to City, under City ownership and is considered a right-of-way.
Motion was made by Councilman Springer directing staff to prepare a
resolution approving TM 96-06, subject to the 15 conditions as set forth in the
staff report, to include an additional Condition # 16 directing staff to work with the
developer to provide either a sidewalk or fence adjacent to the Bodnar property to
the South, seconded by Councilwoman Rogers, and carried by the following Roll
Call Vote: Ayes: Council members: K. A. Mike Gilroy, Charles S. Morales,
Connie Rogers, Suellen C. Rowlison, Thomas W. Springer, Pete Valdez, Jr. and
Donald F. Gage.
At 8:21 p.m. the Mayor declared a recess and reconvened the meeting at
8:27 p.m.
.J
The Mayor stated that it was the time and place scheduled for a Public
Hearing to Consider a Pre-Annexation Agreement Development Agreement
between the City of Gilroy and Nob Hill General Store, Inc. to govern
,
construction of a multi-phase project (the Hecker Pass Family Adventure Project) (
consisting of a theme Park and associated commercial and retail development, on
approximately 641.79 acres situated on the south side of Hecker Pass Highway
(State Highway 152) adjacent to the incorporated City limits of Gilroy, Nob Hill
General Store, Inc. and City of Gilroy, applicants, M 97-01.
The Staff Report was noted and further explained by Planner III Faus.
Councilman Morales asked about sound level issues brought up by the
Planning Commission. Planner Faus advised that future phasing of the project
gives City control over mitigation measures for sound. City Attorney Callon
suggested speaking with developer on existing mitigation measures entered into
with the County.
Councilman Gilroy requested information on the no votes from Planning
Commissioners Collier and Pinheiro. Planner Faus advised that Commissioner
Collier did not think the agreement was necessary, and Commissioner Pinheiro had
similar concerns and the Traffic Impact Fund on Phase I. Councilman Gilroy
asked about noise standards vs. County standards. Planner Faus advised the
current maximum for City commercial is 65 db; however, the County uses a
different process, approx. 65-75 db measured at the property line.
Councilwoman Rogers asked about the existing a copy of agreement with
neighbors and whether the City would enforce. Planner Faus advised that the
County enforces the agreement for 3 year period, after that time the applicant, the
City and the neighbors would renegotiate.
Councilman Valdez asked about the abient noise levels, with specific
. I
Pub. Hear.re:
Z 96-11
6929
concern over the different times of day, as well as the traffic impact. Planner Faus
advised that the issues are addressed in the mitigations as governed by EIR,
regardless whether they annex to the City or remain in the County.
Councilwoman Rowlison asked for clarification on mitigation measures 16
and 17, and Planner Faus distributed a handout.
The Mayor asked if there was anyone in the audience wishing to speak for
or against the proposal.
John Kent, representing the applicant, appeared in support of the project.
Councilwoman Rogers asked about the anticipated timeline for visitors. Mr. Kent
stated Spring, 1999.
Councilwoman Rowlison asked about Burchell Road traffic signalization.
Mr. Kent and City Administrator Baksa stated the agreement allows for future
negotiation.
Mike Ternasky, representing adjoining residents on Rancho Vista Court,
spoke concerning traffic impacts and sound.
There being no further comment from anyone in the audience, the Mayor
closed the public hearing.
City Attorney Callon advised that an additional condition regarding
indemnification on third party lawsuit should be added, and the applicant has
agreed.
Motion was made by Councilman Morales to read Ordinance by title only
and waive further reading of Ordinance, seconded by Councilman Springer, and
carried by unanimous voice vote.
Councilwoman Rogers requested clarification on trails and open space,
mitigations from the EIR and Planner Faus clarified.
Leo Tirado, project architect, clarified easement dedications with part of
the negotiations with the Santa Clara Valley Water District.
Motion was made by Councilman Morales to introduce ordinance
approving the Pre-Annexation Development Agreement, including the
modification as noted by the City Attorney, seconded by Councilman Springer, and
carried by unanimous voice vote.
The Mayor stated that it was the time and place scheduled for a Public
hearing to Consider a Zoning Ordinance Text Amendment to Residential
Development Ordinance Section 50.62, Application of Ordinance, subsections (3)
and (4), to require Planning Commission review through the public hearing process
on applications relating to Affordable Housing Exemptions, City of Gilroy,
applicant, Z 96-11.
The Staff Report was noted and further explained by Planner II Durkin.
Councilman Springer commented about using the public hearing model and
liked the idea of giving notification to public. City Attorney Callon agreed, but
staff needs to know whether public notification is desired by the entire Council.
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
Gllr9Y, and carried by unanimous voice vote that staffbe directed to prepare an
ordfftatlce ciPPtcNirtgtl1e Zoning Ordinance Text Amendment as recommended by
staff.
6930
Pub.Hear.re:
GPA 96-01
Ord.re:
Z 96-09
Mills Act
The Mayor stated that it was the time and place scheduled for a Public
Hearing to consider a General Plan Text Amendment Request to amend the City's
General Plan Document to Incorporate General Plan Policies to Implement
"Strategies to Balanced Growth and Agricultural Viability" in areas south and east
of Gilroy (as adopted by LAFCo, Santa Clara County and the City of Gilroy), City
of Gilroy, applicant, GPA 96-01.
The Staff report was noted and further explained by Planner III Faus.
Councilman Springer proposed change to wording on page 4 of staff
report, adding to c)...community economic vitality and... Councilwoman Rogers
stated that she does not believe it is appropriate to change wording. Councilman
Morales stated that any changes would have to go back to the other agencies,
affecting the integrity of the document.
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 Rogers, seconded by Councilman
Morales, and carried by unanimous voice vote that staffbe directed to prepare a
resolution approving GPA 96-01.
Recommendation to Accept Recycling Plans and Rate Structuring
Proposal of South Valley Disposal & Recycling, Inc. The Staff Report was noted.
John Rice of South Valley Disposal & Recycling gave a presentation on the
Can-Do! Recycling program.
Bruce Springey, Thomas Road resident, supporting the recycling concept
and noting a need to educate the public regarding the conversion.
Motion made by Councilwoman Rowlison, seconded by Councilman
Gilroy, to accept Recycling Plans and Modified Rate Structuring Proposal of
South Valley Disposal & Recycling, Inc., carried by a voice vote of6-1-0
(Councilman Springer voted no).
Motion was made by Councilman Springer, seconded by Councilwoman
Rogers and carried by unanimous voice vote that the reading of an Ordinance
amending Section 18.30 of the Gilroy Zoning Ordinance, Z 96-09 re: Commercial
Use Table - Temporary Automobile Sales be waived and read by title only. (Public
Hearing held 1-21-97.)
Motion made by Councilman Springer, seconded by Councilman Gilroy,
and carried by unanimous voice vote that the Ordinance be introduced and
published by title and summary.
Noted a Supplemental Report on the Request a for a Mill's Act Contract at
7425 Church Street.
The Staff report was noted and further explained by Planner Durkin.
Motion was made by Councilwoman Rogers, seconded by Councilman
Morales, and carried by a voice vote of 6-1 (Councilman Gilroy voted no) to
approve a Mills Act Contract for 7425 Church Street, as well as adoption of the
Mill's Act Agreement Policy as modified by the Historic Heritage Committee
(addition of items 7-10).
The Mayor asked if there was anyone in the audience wishing to speak on
any matter not on the agenda.
Craig Gartman, 1284 Pheasant Drive, questioned the new bus routes
(Route 19) described earlier in the meeting, and the responsible decision-making
body. Mr. Gartman was advised aboutthe upcoming public meetings being
POWIMIA
Flag
Res. 97-13
6931
offered by the Valley Transportation Agency.
Aldo Viarengo, American Legion Post 217 representative, spoke in
support of the proposal to recognize and fly the POW/MIA flag at City Hall.
Motion was made by Councilman Springer, seconded by Councilman
Gilroy, and carried by a unanimous voice vote directing staff to prepare a
resolution recognizing the POW/MIA Flag at City Hall.
The following informational items were noted with no separate discussion
on same:
Customer Service:
Local citizens in appreciation of Community Services staff;
City's response in appreciation of Gilroy Community Youth Center
Donation from Almaden Cycle Touring Club;
City of Morgan Hill in appreciation of Police Department staff regarding
recent oral board process;
California Highway Patrol in appreciation of Police Department's
assistance;
Local citizen in appreciation of Police Department Chaplain's assistance;
Police reserve officer in appreciation of Police Department staffs
assistance;
Administrative staff secretary in appreciation of Community Services and
Administrative Services Staffs assistance during Council retreat;
Community Services Department in appreciation of Gilroy Garlic Festival's
Donation for their scholarship program;
Gilroy Chamber in appreciation of Gilroy crews in the Citywide Christmas
prograrn.
Plan. Corn. Report of the Planning Commission meeting of February 6, 1997 was
2-6-97 noted.
Phys.Chall. Physically Challenged Board of Appeals minutes of January 21, 1997 were
1- 21-97 noted.
P&R Corn.
1-21-97
Parks and Recreation Commission minutes of January 21, 1997, including
minutes of the Senior Advisory Board were noted.
City Administrator Baksa announced that he has been asked to speak at the
Volunteerism symposium regarding the Packard Foundation Grant. He invited
City Councilmembers to attend and to RSVP as soon as possible.
City Administrator Baksa provided an update on the figures that had been
transposed on the Packard Foundation Grant application.
City Administrator Baksa announced that representatives from HUD will
be at the City on March 13, 1997 and invited Council members to attend. Council
persons Morales, Valdez and Rowlison advised that they will attend.
City Administrator Baksa noted the CIB Study Session - March 10, 1997,
7:00 p.m., in the City Council Chambers, and also the March 11, 1997, 7:00 p.m.
tentative date for meeting with the Rural Fire District Board of Directors.
..,,,,,,',: ';CitY1\ftdrn~yCallon noted complimentary advertisement in San Jose
Mercury newspaper regarding Gilroy.
6932
Adjrnmt.
Councilwoman Rowlison announced that she had attended League
meeting.
Councilman Morales reported that a Town Hall Meeting with
Congresswoman Lofgren is scheduled to be held on February 20, 1997 at the
School District office.
Councilman Valdez advised that he had attended the Cities Association
meeting and announced that he had been selected to an Oversight Committee on
Welfare Reform; had attended presentations by Judges Edwards and Grilli on
Domestic Violence, and suggested an invitation for an updated presentation be
extended; and updated Council regarding the public hearing on new proposed
transportation facility in Gilroy on 2/19/97.
Councilman Valdez commented that he had been approached by Safeway
employees to hold a car wash at the Safeway parking lot to benefit Easter Seals.
Councilman Valdez requested that Council revisit the car washing ordinance;
Council voted 4-3 (Gilroy, Rowlison, Gage voted no) to reagendize this item for
discussion at a future meeting.
Councilwoman Rogers announced that the Train Depot Support Group
held their frrst meeting which was successful. City Administrator advised that it
would be helpful to bring the project architect to future meeting to assist in their
fundraising efforts. Councilman Gilroy also noted that Senior's Day is scheduled
for May 9 and that notice should be posted since most of the City Council who
participate. Councilman Rogers advised that she had spoken with Bill Lindsteadt
on the possibility of new tenant downtown in the bookstore and ice cream parlor.
Councilwoman Rogers requested a joint meeting be scheduled with the
Santa Clara Valley Water District to discuss transfer from the Uvas and high
ground water issues.
Mayor Gage advised that he would be going to Sacramento to receive the
Helen Putnam Award on the Youth Center.
The Mayor noted the following meetings/events:
Ribbon Cutting Ceremony and Grand OpeninglReception & Open House -
Willey Cultural Center, 140 Fifth Street - 4:00 p.m. - 6:00 p.m.
Arbor day tree planting March 8, 1997 - 10:00 a.m. to Noon, Christmas
Hill Park Ranch Site.
At 11 :55 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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Patricia Bentson
Community Development Secretary