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Minutes 1997/07/28 7n ){, .... (~ ", Invocation Posting Agenda Roll Call New Emp. Vol. Award Consent Calendar . '-'-.", ..,."." " -.--_.~~._-----~._--_._--------_.._--- '"_"'., .."._. ...__... ,~_. __. _ ",.. ..... -'L.,._.'. .~'..".. '_ , .."---"----~.~ ~ Regular Meeting July 28, 1997 Gilroy, California Mayor Protempore Gilroy announced that Council had just adjourned from a Closed Session re: Conference with Legal Counsel - Anticipated Litigation, pursuant to Gov't. Code Section 54956.9 and Conference with Real Property Negotiator, pursuant to Gov't. Code Section 54956.8. City Attorney Callon stated that the Council had voted 5-0 (Councilwoman Rogers absent) to intervene in a lawsuit entitled California Stull vs. Bank of America to potentially recover funds due to mishandling of bond funds. Mayor Protempore Gilroy led the Pledge of Allegiance to the Flag. Rev. Fred Eden, South Valley Community Church, gave the Invocation. The City Clerk noted that the Agenda had been posted on July 24, 1997 at 12:48 p.m. Present: Councilmembers: Charles S. Morales, Suellen C. Rowlison, Thomas W. Springer, Pete Valdez, Jr., and K. A Mike Gilroy; Absent: Connie Rogers- 7:03 p.m. Mayor Protempore Gilroy introduced new employees Donna Greenhut, Clerk Typist I - Administration and Cynthia Hiserman, Clerk Typist I - Community DevelopmentlBLES. Mayor Protempore Gilroy presented the Volunteer for the Month of July, 1997 Award to John Feret. Motion was made by Councilman Valdez, seconded by Councilman Morales and carried that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: Charles S. Morales, Suellen C. Rowlison, Thomas W. Springer, Pete Valdez, Jf., and K. A Mike Gilroy; Absent: Councilmember: Connie Rogers: 70;~7 Prop. Impr. Moen Approved Property Improvement Agreement No. 97-34 Tract No. 8957, Lands of Moen, Ponderosa; Exempt Salary Schedule Approved the Exempt Salary Schedule. Mayor Protempore Gilroy deviated from the agenda to accommodate interested parties in the audience. Gen. Plan. The Staff Report was noted and further explained by Planner III Faus Update Com. regarding the selection of the General Plan Update Committee. Phil Buchanan spoke regarding the selection of the committee. Motion was made by Councilman Morales, seconded by Councilwoman Rowlison and carried (Councilwoman Rogers absent) to approve the 31 members and 16 alternates for the General Plan Update Central Committee. Mayor Protempore Gilroy thanked the Selection Committee for their assistance. City Administrator Baksa stated a letter will be sent out under the Mayor Protempore's signature thanking them for their participation. Mayor Protempore Gilroy asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Cecil Taylor, Orchard Drive, requested Council reconsider two issues regarding South Valley Disposal, including: 1) Why South Valley Disposal did not inform the City of Gilroy of the overpayment, and 2) The plan to reimburse citizens of the overpayment treats everyone the same, regardless of the length of time they have lived in Gilroy. He requested this be put on a future agenda. City Administrator Baksa explained the reimbursement. It was suggested that Mr. Taylor come in and talk to staff Council took no action on this request. Mayor Protempore Gilroy returned to the regular order of the agenda. Pub. Hear. M 97-04 Mayor Protempore Gilroy stated that it was the time and place scheduled to consider certification of the Final Environmental Impact Report prepared for the proposed City of Gilroy 18-Hole Municipal Golf Course Project, on property located east of Burchell Road and north of Hecker Pass Highway, M 97-04, City of Gilroy. The Staff Report was noted and further explained by Planner II Durkin, including additional information relating to 1) revision of the traffic analysis from 9 holes to 18 holes of traffic generated by the golf course, which still does not meet the requirements for installation of a signal light, 2) clarification ofEIR text revisions from Autumn Arias, LAFCO, and 3) a statement of agreement from Gary Gilmore limiting the number of dwelling units to 98. Mayor Protempore Gilroy asked if there was anyone in the audience wishing to speak for or against the proposal. Joe Galetto, Burchell Road, stated the main concern of residents is the volume of daily traffic. Art Wassener, golfer, stated that at San Juan Oaks Golf Course, the traffic is spread out throughout the day. Tom Haus, 8485 Burchell Road, questioned whether Councilman Springer felt his concerns were addressed, and was told they were. 7028 Mayor Protempore Gilroy asked if there was anyone else wishing to speak on this proposal. There was no comment from anyone in the audience. Mayor Protempore Gilroy closed the public hearing. Bob Matson, traffic engineer, noted the information produced relative to the traffic was in relation to 18 holes for the golf course. City Attorney Callon questioned whether the analysis produced anything different than the 9 holes analysis, and was told there were no different impacts. She noted that there will be changes to the Resolution that is in the packet. Res. 97-45 Motion was made by Councilman Springer, seconded by Councilman Valdez and carried that the reading of Resolution No. 97-45 be waived and that it be adopted as modified by the City Attorney. RESOLUTION NO. 97-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CERTIFYING THE FINAL EIR FOR THE GILROY MUNICIPAL GOLF COURSE PROJECT IN ACCORDANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. PASSED AND ADOPTED this 28th day of July, 1997, by the following vote: AYES: COUNCILMEMBERS: MORALES, ROWLISON, SPRINGER, VALDEZ, and GILROY NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ROGERS Train Service Council discussed increased passenger train service in Gilroy. Res. 97-46 Motion was made by Councilman Valdez, seconded by Councilwoman Rowlison, and carried that the reading of Resolution No. 97-46 be waived and that it be adopted. RESOLUTION NO. 97-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SUPPORTING INCREASED PASSENGER RAIL SERVICE TO GILROY PASSED AND ADOPTED this 28th day of July, 1997, by the following vote: AYES: COUNCILMEMBERS: MORALES, ROWLISON, SPRINGER, VALDEZ, and GILROY NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ROGERS Strand Theater Council discussed funding a feasibility study to determine whether the Strand Theater building would be an acceptable site for a Performing and Visual Arts Center. The Staff Report was noted and further explained by City Administrator Baksa, noting that staff would send out the RFP, and then in 60 days it would come back to Council for approval of a contract. Bill Lindsteadt, Kelton Drive, Economic Director, stated there is a six month time line starting August 1, 1997 to complete the feasibility study and move forward or not. He stated that the EDC holds the lease at this time, and they currently have $20,000 committed for the lease. He discussed the possible management/ownership of the building. Motion was made by Councilman Valdez, seconded by Councilman Morales and carried to proceed with funding $35,000 to perform a feasibility study on the Strand Theater, with the funds to be used from the Parks Development Fund. Council agreed that the study needs to be a community-wide study. City Administrator Baksa stated that the feasibility study does need to be tied into the Strand Theater, with possibly a Part A and a Part B to the study. Obata Reorg. 97 -02 Plan. Com. 7-2-97 .~- i ]..0 ~ 0 . - '-~. .,.1 Sherri Stuart noted that during the structural inspection, the inspectors noted some suggestions and that the City may want to do a structural study before or along with the feasibility study. The Staff Report was noted and further explained by Planner II Durkin for the Obata Reorganization 97-02, APN 841-17-069, south of the Terminus ofSilacci Way, West of Miller Slough. Motion was made by Councilman Morales, seconded by Councilman Springer and carried directing Staff to prepare a Resolution approving Obata Reorganization 97-02. The following informational items were noted with no separate discussion on same: Customer Service: Letter to Gilroy Unified School District in appreciation for assistance in rectifying a locker room situation at South Valley Junior High School; Letter from Susanne E. Steinmetz, retired City Clerk, in appreciation for her retirement party; Letter to Community Services Department in appreciation for the City of Gilroy's agreement to contribute $5,000 per year to the installation of pole decorations and banners; Letter of appreciation from the City of San Jose to Tina Kekaha for her assistance on an oral board; Letter of thanks from Pack 7 to Lisa Jensema for her attendance at the first Uvas Creek cleanup; Article from the San Francisco Chronicle dated July 7, 1997 entitled Community Input Slows Down Palo Alto; Letter from President Bill Clinton regarding children's access to pornography on the Internet; City of Gilroy Investment Report for June, 1997; City of Gilroy Landlord Training Workshop, Thursday, July 31, 1997,5:00 p.m., Gilroy Senior Center at the southwest corner of Sixth and Hanna Streets; Letter from Gilroy Downtown Development Corporation thanking Tanglewood Construction, Inc. for their generous contribution offencing and power hookups for the summer theater shows; Letter from Gilroy Downtown Development Corporation thanking Kaufman & Broad Monterey Bay Inc. for their help in providing the stage for the local outdoor productions being held in July and August; I League of California Cities Legislative Bulletin #26-1997 dated July 18, 1997; City of Lafayette memorandum regarding ERAF and the State Budget; and Gilroy Visitors Bureau minutes of June 12, 1997, Financial Statements for June, 1997, and revised Draft Budget 97-98. The report of the Planning Commission meeting of July 2, 1997 was noted. 70 '30 Gen.Plan. Update Central Committee City Administrator Baksa stated that Falcon Cable negotiations are on-going and about 70% complete. He stated that Council will see the revised Peddlers/Solicitors procedures soon, possibly next Monday. He stated that he will be meeting with City Attorney Callon regarding PeaceBuilders, which will probably be on a September agenda. He questioned whether Councilmembers were interested in attending the League of California Cities Conference, and all indicated that they would attend. He stated that Jim McCann will give an update on the development of the City of Gilroy home page at the next Council meeting. He distributed the Second Quarter reports. Lupe Arellano asked that further consideration be given to the General Plan Update Central Committee, noting that the committee is not balanced because there is only one person from the east side. She noted for the record that she takes exception to the approval. Motion was made by Councilwoman Rowlison, seconded by Councilman Valdez and carried to reconsider the General Plan Update Central Committee appointments. Motion was made by Councilman Valdez, seconded by Councilwoman Rowlison and carried to reagendize to August 4, 1997. Councilwoman Rowlison requested to see the designations of where the alternates live on the map. Councilman Valdez requested clarification as to the procedure of choosing by ethnicity. Mayor Protempore Gilroy stated that he participated in the League of California Cities Economic Development Forum, noting the interest in our three- way partnership regarding the hiring of Bill Lindsteadt. He noted the Visitor's Bureau budget in the information items, stating that he could not understand the format. Councilman Valdez stated that he is receiving many telephone calls from Gilroy Apartments residents, and stated that he feels that the problem is not resolved. City Administrator Baksa suggested that the Council allow them to use this facility and also to facilitate the meeting between the owners and tenants. There was Council consensus that Councilman Valdez draft a letter to be sent to HUD regarding the displacement of the tenants. Councilman Morales commented on the great Garlic Festival. Mayor Protempore Gilroy noted the following meetings/events: August 4, 1997 - Meeting begins at 5:30 p.m. (Closed Session on Threat to Public Services or Facilities). Reminder - Council meetings for August 18, 1997 and August 25, 1997 have been cancelled. City Employees' Annual Barbecue on September 20, 1997 at Christmas Hill Park. Mayor Protempore Gilroy adjourned the meeting at 8:53 p.m. Respectfully submitted, ,~iZrM /s/ RHONDA PELLIN City Clerk