Minutes 1997/10/20
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Invocation
Posting
Agenda
Roll Call
New Emp.
Regular Meeting
October 20, 1997
Gilroy, California
Mayor Protempore Valdez led the Pledge of Allegiance to the Flag.
Pastor Malcolm MacPhail, New Hope Community Church, gave the
Invocation.
The City Clerk noted that the Agenda had been posted on October 16, 1997
at 2:20 p.m.
Present: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie
Rogers, Suellen C. Rowlison, Thomas W. Springer, and Pete Valdez, Jr. - 7:05
p.m.
Mayor Protempore Rogers introduced new employee Dennis White, Fleet and
Facilities Manager - Administrative Services Department.
Proc.-Disability Mayor Protempore Valdez presented a proclamation to Sherrean Carr for
Awareness Disability Awareness Month - October, 1997.
Month
Proc. - IOOF
Children's
Home
Mayor Protempore Valdez noted a proclamation for the Odd Fellow-Rebekah
Children's Home in Gilroy - October 10,1997, "Century of Caring".
Proc.- Domestic Mayor Protempore Valdez presented a proclamation to Paula Gann for
Violence Mo. Domestic Violence Awareness Month - October, 1997. She requested to be
placed on a future agenda to discuss her work on the Domestic Violence Task
Force.
Proc. - Winter Mayor Protempore Valdez noted a proclamation for Winter Storm
Storm Prep. Preparedness Week - October 27, 1997.
Week
Emp. Award
Cert. Service
Consent
Calendar
Ord. 97-9
Mayor Protempore Valdez presented the Employee Award for the Month of
September, 1997, to Andy Holiday, Fire Engineer, Fire Department.
Mayor Protempore Valdez noted Certificates of Service for Retired Arts and
Culture Commissioner Beverly DeRoo and Retired Building Board of Appeals
Member Steve Andrade.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried 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, and Pete Valdez, Jr.:
Adopted Ordinance No. 97-9 of the City Council of the City of Gilroy
Amending Chapter 25A of the Gilroy City Code to Include Recreational Vehicle
Parks Among the Businesses that are Required to Collect and Remit the City's
Transient Occupancy Tax and to Impose Successor's Liability for the City's
Transient Occupancy Tax;
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ORDINANCE NO. 97-9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING CHAPTER 25A OF THE GILROY CITY CODE TO INCLUDE
RECREATIONAL VEHICLE PARKS AMONG THE BUSINESSES THAT
ARE REQUIRED TO COLLECT AND REMIT THE CITY'S TRANSIENT
OCCUPANCY TAX AND TO IMPOSE SUCCESSOR'S LIABILITY FOR THE
CITY'S TRANSIENT OCCUPANCY TAX.
PASSED AND ADOPTED this 20th day of October, 1997, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, and VALDEZ
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None;
Res. 97-56 Adopted Resolution No. 97-56 Granting Additional Time to Evaluate the
Falcon Cable Proposed Rate Increase;
RESOLUTION NO. 97-56
RESOLUTION GRANTING ADDITIONAL TIME TO EV ALUA TE THE
F ALCON CABLE PROPOSED RATE INCREASE.
PASSED AND ADOPTED this 20th day of October, 1997, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, and VALDEZ
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None;
Minutes Minutes of the Regular Council Meeting of October 6, 1997; and
Budget Budget Amendments/Transfers as recommended.
P.O. Report ChiefSumisaki introduced Captain Guisiana, Captain Brown, Crime Analyst
Ward, and Part Time Clerk Typist Stice who reviewed the five city crime
comparison report.
RD 94-05 Mayor Protempore Valdez noted a request by Glen-Lorna Group to Amend
their prior approved Residential Development Ordinance (RDO) application,
substituting the duet and multi-family rental units with single family detached
housing on small lots (4,000 sq.ft.) on property located at the future westerly
extension of Luchessa Avenue, RD 94-05.
The Staff Report was noted and further explained by Planning Services
Manager Faus.
Tim Filice explained his request for modification to the approved project.
Susan Gassier, explained the disclosure information given to them when they
purchased their home.
Marcia Queen distributed financing information for first time home buyers
regarding the request to allow 4,000 sq.ft. lot starter homes.
Franklin Collazo, 6112 Starling Drive, spoke in favor of the request.
Perry Woodward agreed that it sounds like the home buyers were misled by
the Planning Division staff.
Anna Cruz, Starling Drive, spoke in favor of the request. She thanked Glen
Lorna for informing the residents of plans for the area.
Mayor Protempore Valdez called for a short break at 9:00 p.m., after which he
recalled the meeting to order.
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Cat Tucker, 9440 Eagle View Way, discussed the PUD and RDO processes,
questioning whether a monitoring system should be put into place.
Nancy Johnson, Church Street, stated that Council needs to approve projects
to allow a mixture of housing types.
John Newton stated that he moved here because of the affordable housing. He
stated that the community has come together to improve a project in a specific
neighborhood.
Motion was made by Councilwoman Rowlison to deny the request, seconded
by Councilwoman Rogers, and the motion did not carry (Councilmembers Gilroy,
Morales, and Springer voting no).
Mayor Protempore Valdez called for a 5 minute break at 10:08 p.m., after
which he recalled the meeting to order.
Tim Filice requested a 30 day continuance.
Mayor Protempore Valdez asked that Mr. Filice's request be modified that the
request be continued until a full seven member Council is seated, and Mr. Filice
agreed.
Motion was made by Councilman Gilroy to grant a continuance until a full
seven member Council is seated, seconded by Councilman Springer, and carried.
Mayor Protempore Valdez called for a 5 minute break at 10:15 p.m., after
which he recalled the meeting to order.
Peddlers Ord. Mayor Protempore Valdez noted an Ordinance repealing in its entirety
Chapter 16A of the Code of the City of Gilroy and replacing it with a new
Chapter 16A Entitled Peddlers, Solicitors, Vendors and Other Transient
Businesses.
The Staff Report was noted and further explained by Administrative Services
Director Dorn and City Attorney Callon.
Council discussed and agreed to several modifications to the ordinance.
Jane Howard, Chamber of Commerce, asked that the solicitation permit has an
automatic renewal, and was told that it would be automatically renewed so long as
all the information on the application is accurate.
Motion was made by Councilwoman Rowlison, seconded by Councilwoman
Rogers and carried to read the ordinance by title only and waive further reading of
the ordinance.
Motion was made by Councilwoman Rowlison, seconded by Councilwoman
Rogers and carried to introduce the ordinance approving the new Chapter 16A
entitled Peddlers, Solicitors, Vendors and Other Transient Businesses, subject to
modifications.
A/S 97-38
Mayor Protempore Valdez noted an Architectural and Site (PUD) design
review approval to allow the development of a fast food restaurant within a larger
PUD project site, the Travel Park truck stop complex, located at 5900 Travel Park
Circle, at the Monterey Road freeway interchange, on property zoned CM-PUD
(Commercial Industrial-Planned Unit Development), Foodmaker/Jack-in-the-Box,
applicant, A/S 97-38.
The Staff Report was noted and further explained by Planning Services
Manager Faus.
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Motion was made by Councilman Gilroy, seconded by Councilman Springer
and carried to direct staffto prepare a resolution approving the request.
A/S 97-49
Mayor Protempore Valdez noted an Architectural and Site (PUD) design
review approval to allow the construction of 77 single family homes, to be located
east of Calle Del Rey at Peacock Court, and west of Calle Del Rey, north of
Partridge Drive, west of Loganberry Drive, at the terminus of Senegal Court,
Goshawk Court and Finch Lane, on property zoned R I-PUD (Single Family
Residential-Planned Unit Development), Orchard Valley Communities, applicant,
A/S 97-49.
The Staff Report was noted and further explained by Planner II Durkin.
Armenta Jensen, Ruggeri-Jensen-Azar & Associates, explained that a drainage
problem would be caused if a solid fence were built on the properties.
Motion was made by Councilwoman Rogers, seconded by Councilman
Morales and carried to direct staff to prepare a resolution approving the request as
recommended by the Planning Commission including two additional conditions.
G. N. Renn Mayor Protempore Valdez noted a request to grant an economic incentive to
G. N. Renn, local expanding business.
The Staff Report was noted and further explained by Community
Development Director Allen.
Motion was made by Councilwoman Rogers, seconded by Councilman
Springer and carried to approve an economic incentive of $15,000 for traffic
impact fees, to guarantee an increase of $15,000 in sales tax over the next three
years.
Special Visitors Mayor Protempore Valdez noted a request from the Gilroy Garlic Festival
Committee Association, Inc. for Partnership on a Special Visitors Committee.
Patti Hale, 7685 Wren Avenue, representing the Gilroy Garlic Festival
Association, requesting a partnership on a Special Visitors Committee for sister
cities visitors.
Motion was made by Councilman Morales, seconded by Councilman Gilroy
and carried to approve the partnership, with $2,000 in support per year from the
City of Gilroy.
(Councilman Gilroy left the Council Chambers at 11 :48 p.m. and returned at
11 :50 p.m.)
(Councilwoman Rowlison left the Council Chambers at II :48 p.m. and
returned at II :51 p.m.)
Motion was made by Councilman Morales, seconded by Councilman Springer
and carried (Councilmembers Gilroy and Rowlison absent) to approve a budget
amendment for this year for $2,000 for the Special Visitors Committee.
Animal Control Mayor Protempore Valdez noted a request for two minor modifications to the
City of Gilroy Animal Control Ordinance, Sections 4.14 and Section 4.20.
The staff report was noted and further explained by City Administrator Baksa.
The consensus of Council was to have a future agenda item to discuss two
issues I) restriction on ownership of more than one unneutered female dog or cat
in the City of Gilroy and 2) requirement to pay a $50 report fee for Animal
Control to respond to an animal bite incident.
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Councilwoman Rogers questioned the issue of pot bellied pigs regarding noise
and sanitation, stating that she would like the regulations, and was told that the
information is in Chapter 4.
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried to read the ordinance by title only and.waive further reading of the
ordinance.
Motion was made by Councilman Springer, seconded by Councilwoman
Rowlison and carried to introduce the ordinance approving the modifications to
the City of Gilroy Animal Control Ordinance.
Mayor Protempore Valdez asked if there was anyone in the audience wishing
to speak on any item not on the agenda. There was no coml)1ent from anyone in
the audience.
City of Covin a Mayor Protempore Valdez noted a request from the City of Covina for a
resolution of support for the sales tax redistribution initiative.
The Staff Report was noted and further explained by City Administrator
Baksa.
Res. 97-57
Motion was made by Councilman Gilroy, seconded by Councilman Morales
and carried that the reading of Resolution No. 97-57 be waived and that it be
adopted approving a resolution of support for the sales tax redistribution initiative.
RESOLUTION NO. 97-57
SUPPORTING THE CONSTITUTIONAL INITIATIVE TO ALLOW A VOTER
OPTION FOR REDISTRIBUTION OF TAXES TO LOCAL GOVERNMENT.
PASSED AND ADOPTED this 20th day of October, ]997, by the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS,
ROWLISON, SPRINGER, and VALDEZ
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The following information items were noted with the following comments:
Councilman Springer commended Officer Joe Harrold as the employee of the
month for October, 1997, for the Police Department.
Councilman Springer questioned the donations towards the Thomas Road
Sports Park, and was told that staff has been in contact with all the organizations,
and that a joint groundbreaking will be held in the future.
Councilwoman Rowlison questioned the donations to the youth services fund,
and requested an accounting of the donations. She was told that this could be
done as part of the Community Services Department Report.
Customer Service:
Letter of Thanks from Herb and Cathy Schmitt for Community Development
Department Project on Rosanna Street;
Letter of Commendation to Fire Department Employees from the Department
of Motor Vehicles (DMV) Employer Testing Program;
Article Regarding the New ABAG PLAN Chairperson, Phil Valenzuela, City
of Gilroy Human Resources Director;
Plan. Com.
10-2-97
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Letter of Thanks to Orchard Valley Youth Soccer League from the
Community Services Department in Appreciation for $10,000 Donation Towards
the Thomas Road Sports Complex;
Letter of Thanks from Dignitaries from Mexico for Official Proclamation
"Greetings to Mexico" and Council Attendance at Recent Reception;
Employee of the Month for October, 1997, Police Department, Officer Joe
Harrold;
Letter of Thanks from the Ormsby Fire Brigade for Donation of Pagers by the
Gilroy Fire Department;
Letters of Commendation to Gilroy Fire Department Personnel for Assistance
with the September 2, 1997 Fire;
Letter of Thanks From a Citizen for Assistance in Finding a Residence on
Pacheco Pass;
Note of Thanks for Community Services Department Employee for Efforts
Coordinating a MOVING (Managers of Volunteers in Government) Meeting;
Note of Thanks from Jason R. Cole for Assistance from the City of Gilroy
Environmental Programs Coordinator;
Note of Thanks from Glen View School Sixth Grade for Presentations on
Recycling and Trash by the City of Gilroy Environmental Programs Coordinator;
and
Letter of Appreciation from the City of Gilroy Community Services
Recreation Services Manager to the Gilroy Garlic Festival for their Donation to
the Youth Scholarship Program.
Informational item:
Drought Alert Calculations - Summary of Monthly Water Production,
September, 1997.
The report of the Planning Commission meeting of October 2, 1997 was
noted.
City Administrator Baksa stated that he had not received any comments on the
previously distributed study session notes on PUDs and 4,000 sq.ft. lots, and
Council agreed that they were acceptable.
City Administrator Baksa stated that he has a copy of the Markkula report,
which will be in the City Clerk's office to check out, and also the Internet
information associated with the Markkula report will be available to check out.
City Administrator Baksa stated the 1997 class for new employees customer
service training has about 25 employees.
City Attorney Callon stated that she will miss the next meeting, due to some
minor surgery, and that Andy Faber will be at the meeting in her place.
Mayor Protempore Valdez noted the League of California Cities conference
that most of the Councilmembers attended. He asked each member to give a short
overview of the conference.
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Mayor Protempore Valdez distributed a letter from the Honorable Andrew
Cuomo, Secretary, Department of Housing and Urban Development regarding the
Gilroy Apartments.
Councilman Springer thanked Planning Services Manager Faus for the
industrial land use survey given to Bill Lindsteadt. He also requested discussion
at the October 27, 1997 meeting on the Congestion Management Agency report
on the Countywide Deficiency Plan on Development Fees. City Administrator
Baksa reviewed the discussions with Mike Evanhoe on this subject, stating the
Council may need a workshop on this, and Council agreed to a workshop in
November.
Bike Lanes Councilwoman Rogers stated that she attended the AMBAG meeting for
SCRW A for our river discharge permit. She noted that she had received a request
for a bike lane on Rancho Hills Drive to help slow down traffic and provide
protection for bicycle riders. She noted that we do not have any bike lanes west
of Santa Teresa Boulevard. She requested support to have the Engineering
Division study this issue and agendize the issue in the future.
Councilman Morales stated concerns regarding the City's preparations for El
Nino. City Administrator Baksa noted a report will be presented at next Monday's
meeting.
Councilwoman Rowlison invited everyone to an October 30, 1997 party at the
Strand Theater, which will be a fundraiser for the Strand. She also noted that Dia
de los Muertos will be held at the Library that same night.
Mayor Protempore Valdez noted the following meetings/events:
AAUW (American Association of University Women) Election Forum, 7:00
p.m. to 9:00 p.m., October 22, 1997, Gilroy City Council Chambers, 7351
Rosanna Street, Gilroy, California.
Gilroy Chamber of Commerce Election Forum, 7:00 p.m. to 10:00 p.m.,
October 29, 1997, Gilroy City Council Chambers, 7351 Rosanna Street, Gilroy,
California.
Tour of the Proposed new Golf Course Site for LAFCO Members, November
18, 1997, 10: 15 a.m., meet in the Planning Division, City Hall, 7351 Rosanna
Street, Gilroy, California.
Interviews by the City Council for Applicants for Commission/Board
Appointments, 7:00 p.m., December 8, 1997, Gilroy City Council Chambers,
7351 Rosanna Street, Gilroy, California.
Police Department Master Plan Tour and Review, 7:00 p.m., December 10,
1997, Senior Center Meeting Room, 7371 Hanna Street, Gilroy, California.
Mayor Protempore Valdez adjourned the meeting at 12:31 a.m.
Respectfully submitted,
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/s/ RHONDA PELLIN
City Clerk