Minutes 1997/04/28
l 6968
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Invocation
Posting
Agenda
Roll Call
Special "0"
Emp.Award
Consent
Calendar
Budget
CUPA
Regular Meeting
Apri128, 1997
Gilroy, California
The Mayor Protempore led the Pledge of Allegiance to the Flag.
Pastor Kevin Wilson, Gilroy Bible Church, gave the Invocation.
The Interim City Clerk noted that the Agenda had been posted on Apri124,
1997 at 11 :30 a.m.
Present: Councilmembers K. A. Mike Gilroy, Charles S. Morales, Connie
Rogers, Thomas W. Springer, Pete Valdez, Jr. and Suellen C. Rowlison; 7:00 p.m.
Judy Mireles-Janisch and three Special Olympians presented the
Councilmembers with Special Olympics hats, and reminded everyone of the
Gavilan Special Olympics Track and Field Meet on Saturday, May 3, 1997,9:00
a.m. to 12:00 noon, Gilroy High School Track.
The Mayor Protempore presented Albert Signorotti, Engineering Technician
II, Community Development Department, with the Employee Award for the
Month of March, 1997.
Motion was made by Councilman Morales, seconded by Councilman
Springer, and the motion carried that the following items under the Consent
Calendar be approved by the following Roll Call Vote: Ayes: Councilrnembers K.
A. Mike Gilroy, Charles S. Morales, Connie Rogers, Thomas W. Springer, Pete
Valdez, Jr. and Suellen Rowlison:
Budget Amendments/Transfers as recommended;
Cooperating Agencies Agreement and Delegation of Authority to City
Administrator to Adopt Policies and Procedures Required by the Agreement for
the Certified Unified Program Agency (CUP A); and
Minutes
Pub. Hear.
V 96-11
Pub. Hear.
TM 96-08
Mod.Cond.
Prop.2l8
696~}
Minutes of the Regular Council Meeting of March 17, 1997.
The Mayor Pro tempore stated it was the time and place for a Continued Public
Hearing on an Appeal of the Planning Commission Action for a Variance Request
from Section 39.30(b) of the Zoning Ordinance to Allow an Existing Accessory
Structure to Remain Within a Street Sideyard Setback, on Property Zoned Rl
(Single Family Residential), located at 931 Hoesch Way. Richard and Victoria
Davis, Applicants, V 96-11.
City Attorney Callon stated that the CC & Rs were provided to staff, and per
that document, this project would not be allowed. She stated that the City is not a
party, and has no role in the deed restriction, that it is a private property issue
between private parties. She acknowledged that the variance approval must show
facts supporting findings to support the variance.
Council discussed the ordinance and also the need to base the decision on the
Zoning Ordinance and the need to make the five findings.
The Mayor Protempore asked if there was anyone in the audience wishing to
speak on this request.
Craig Bassett, representing the Petrucci's, stated that he has filed a civil action
to have the structure removed.
The Mayor Protempore asked if there was anyone else in the audience wishing
to speak on this request. There was no comment from anyone else in the audience.
The Mayor Protempore closed the Public Hearing.
Motion was made by Councilwoman Rogers, seconded by Councilman Gilroy,
and the motion carried to direct staff to prepare a resolution affirming the Planning
Commission denial of the request.
Councilman Gilroy requested Staff look at accessory structures in the Zoning
Ordinance for possible revision, and City Administrator Baksa stated that it is
already in process.
The Mayor Pro tempore stated that it was the time and place scheduled for the
Public Hearing to Consider Modifying a Condition Placed on a Previously
Approved Tentative Map, on Property Located at 95 Farrell Avenue, west of
Monterey Highway, Torn Carr, Applicant, TM 96-08.
Motion was made by Councilwoman Rogers, seconded by Councilman Valdez,
and the motion carried to continue this request to the May 5, 1997 City Council
meeting for a recommendation from the Planning Commission meeting of May 1,
1997.
The Staff Report was noted and further explained by Community Development
Director Allen regarding the impact of Proposition 218 on fees/charges and the
Maintenance District approval process.
Councilman Gilroy stated Prop. 218 will have a long term fiscal impact on
previously approved subdivisions and future subdivisions, and noted that we need
to address this for the future.
City Administrator Baksa stated Staff is looking at other cities' actions.
Councilman Springer commented that the City can show a direct benefit of the
soundwalls to the subdivisions.
Community Development Director Allen stated that the main cost is the
landscaping, and that is not easy to show a direct benefit to subdivision. He noted
that staff is already looking at alternatives, which may possibly include changing
standards.
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Mayor Protempore Rowlison questioned the time frame for staff to bring the
Council alternatives.
City Administrator Baksa stated that all maintenance districts are on a one year
time frame for review.
Maint. Dist. # 1 Motion was made by Councilman Morales, seconded by Councilman Springer,
and the motion carried to remove all general benefit landscaping costs from
Maint.Dist.#2 Maintenance District #1 and eliminate Maintenance District #2.
Tony Sudol requested Council look at increasing the height of the berm rather
than using soundwalls in the future.
The Mayor Protempore asked if there was anyone in the audience wishing to
speak on any matter not on the agenda.
Heard from Torn Yamano, 262 Loupe Court, asking Council to abide by the
laws of the United States, that they not be preferential regarding religion. He
requested a full response by May 15 regarding his concerns regarding the
invocation and proclamations, stating that the letter of April 21, 1997 that he
received was not complete.
City Attorney Callon stated that invocations are allowed for Congress and
local agencies. She noted that for proclamations, Council will need to review
requests on an individual basis, noting that for a recent request for a proclamation
for National Day of Prayer, the proclamation as proposed was deemed not
appropriate, and would need to be reworded if it were to be allowed.
Heard from Pamela Jones, who distributed questions raised at the last meeting
and requested notification if the May 5, 1997 reallocation ofRDO units is
continued from that meeting.
The following informational items were noted with no separate discussion on
same:
Customer Service:
Councilman Springer noted a job well done to the Police Department for the
first two items below.
Memorandum in Appreciation for Corporal Norm Chapin's Efforts During a
Critical Incident;
Letter of Appreciation for Corporal Greg Flippo for Ensuring that an
Emergency Protective Order was Obtained and Served;
Letters of Appreciation to Officer Steve Morrow, Officer Jeff Wilson, and
Officer Gil Gallo for their Efforts in the "Cardiac Arrest Event";
Letter of Thanks to Community Services Director for Participation in the
"Venture Beyond" ConferencelTraining;
Letter of Thanks to the City Administrator for Attending a Luncheon
Sponsored by the South Valley National Bank;
Montgomery Watson Publication "Regulatory Focus" Dated April 1997 ;
Letter from Waste Management of Santa Clara County Regarding Interest in
Providing Environmental Services to the City of Gilroy;
League of California Cities Legislative Bulletin # 14-1997, Dated 4-18-97;
SCRWA
2-25-97
6971
Proclamations Issued by Mayor Protempore:
California Martial Arts Day, Apri114, 1997;
Foster Parent Appreciation Month - May, 1997;
South County Regional Wastewater Authority, Ongoing Engineering
Activities, April 22, 1997 JP A Meeting; and
Letter to Motel 6 Corporation Regarding Code Enforcement Inspection of the
Six Pence Motel.
The minutes of the South County Regional Wastewater Authority Meeting of
February 25, 1997 were noted.
City Administrator Baksa noted that he met with Richard Wittenburg and
Supervisor Don Gage regarding issues with Gilroy, including sludge, animal
control, and paramedic issues.
City Administrator Baksa stated that the City/School Liaison meeting will be
May 21, 1997 at 5:30 p.m. here in the Council Chambers.
City Administrator Baksa distributed the First Quarter 1997 Reports.
City Administrator Baksa discussed the following for time commitments - the
Budget will be completed this week, and a May 12, 1997 study session was set;
City Attorney Callon will negotiate the garbage franchise; he will negotiate the
cable franchise; he will be interviewing cities with Central Fire District in May and
June; the General Plan Selection Committee will be meeting for the fIrst time
Wednesday morning; there is a potential for Club Nemesis to appeal to Council for
their bar permit; and there is a Closed session tonight regarding the golf course.
City Attorney Callon noted that today the trial judge continued the trial on the
Gurries litigation on W elburn Avenue to June 16, 1997.
Councilman Morales noted that he addressed the Associated Student Body at
the Gilroy High School student convention last week. He noted that he received
information from Zoe Lofgren regarding obtaining cellular phones through the
COPS program for neighborhood watch, and City Administrator Baksa stated that
we did receive some of the phones. He requested citizens participate in the Grand
Jury, noting that applications are being taken.
Councilwoman Rogers stated that she attended a workshop of the South
County Regional Wastewater Authority and the Santa Clara Valley Water District
here last week regarding reclaimed water. She invited the Council and the public
to Susanne Steinmetz's retirement party on June 28, 1997.
Councilman Gilroy reminded everyone that May 9, 1997 is Senior's Day, and
to buy a newspaper, since 3/4 of the money goes to the Senior Program.
Councilman Springer reminded everyone of the Gavilan Special Olympics
Track and Field event this Saturday at the High School.
The Mayor Protempore noted the following meetings/events:
Gavilan Special Olympics, Saturday, May 3, 1997,9:00 a.m. to 12:00 noon,
Gilroy High School Track and Field, 750 Tenth Street, Gilroy, California;
National Tourist Appreciation Day Luncheon, Wednesday, May 7, 1997, 11 :30
p.m., Radisson Plaza Hotel, 1471 N. Fourth Street, San Jose, California;
Golf Course EIR Informational Public Meeting, Wednesday, May 7, 1997,
7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, California;
6972
Santa Clara Valley Water District Public Hearing Regarding Water Utility
Rates, Tuesday, May 13, 1997, 7:00 p.m., City Council Chambers, 7351 Rosanna
Street, Gilroy, California; and
Silicon Valley Public Sector Roundtable Discussion on May 12, 1997.
Golf Course At 8:17 p.m. the Mayor Protempore adjourned the meeting to a Closed
Session regarding Conference with Real Property Negotiator, with Day Ranch
Partnership, pursuant to Government Code Section 54956.8.
Adjrnmt. At 8:30 p.m. the Mayor Protempore reconvened the meeting and noted that no
action was taken during the Closed Session, and at 8:31 p.m., the Mayor
Protempore further adjourned the meeting.
Respectfully submitted,
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Rhonda Pellin, Interim City Clerk