Minutes 1998/03/16
Posting
Agenda
Ro II Call
Emp. Award
Proc.-Kid Day
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Regular Meeting
March 16, 1998
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the Agenda had been posted on March 12, 1998
at 11 :00 a.m.
Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles
S. Morales, Suellen C. Rowlison, Thlomas W. Springer, Anthony C. Sudol III, and
K. A. Mike Gilroy - 7:03 p.m. \
The Mayor presented the Employee A ward for the Month of February, 1998,
to Nestor Quinones, Police Officer.
The Mayor noted a proclamation for Absolutely Incredible Kid Day, March
1998, which will be mailed to Rick Callender.
Proc.-Arbor Day The Mayor noted a proclamation for Arbor Day, March 14, 1998, noting that
it was previously presented to Rick Brandini.
Ret.Com.-John The Mayor noted a Certificate of Service for retired Parks and Recreation
Kilcoyne Commissioner John Kilcoyne, which will be mailed to him.
Consent
Calendar
Res. 98-15
Motion was made by Councilman Morales, seconded by Councilman Sudol
and carried that the following items under the Consent Calendar be approved by
the following Roll Call Vote: Ayes: Councilmembers: Guadalupe Arellano,
Lisabeth A. Gifford, Charles S. Morales, Sue lien C. Rowlison, Thomas W.
Springer, Anthony C. Sudol III, and K. A. Mike Gilroy:
Adopted Resolution No. 98-15 of the City 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;
RESOLUTION NO. 98-15
RESOLUTION OF THE CITY 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 16th day of March, 1998, by the following vote;
AYES: COUNClLMJ;:MBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: N~ne
ABSENT: COUNCILMEMBERS: None
Minutes Minutes of the Regular Council Meeting of March 2, 1998;
Budget Budget AmendmeHts/Transfers as recommended;
Claim Denied claim of Mark Good;
Res. 98-16 Adopted Resolution No. 98-1-6 of the City C()uncil of the City of Gilroy
making certain findings required by the California Environmental Quality Act in
connection with a project consisting of a General Plan and Zoning Amendments
to change the land use designation from Open Space to General Industrial and
Public Facility (GPA 97-02 and Z 97-04), Shriners Hospitals for Children;
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7140
RESOLUTION NO. 98-16
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
MAKING CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT IN CONNECTION WITH A PROJECT
CONSISTING OF A GENERAL PLAN AND ZONING AMENDMENTS TO
CHANGE THE LAND USE DESIGNATION FROM OPEN SPACE TO
GENERAL INDUSTRIAL AND PUBLIC FACILITY (GPA 97-02 AND Z 97-
04), SHRINERS HOSPITALS FOR CHILDREN.
PASSED AND ADOPTED this 16th day of March, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLlSON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Res. 98-17 Adopted Resolution No. 98-17 of the City Council of the City of Gilroy
approving a General Plan Amendment to change the land use designation from
Open Space to General Industrial and Public Facility on APN 841-15-074,
approximately 64.54 acres; GPA 97-02, Shriners Hospitals for Children;
RESOLUTION NO. 98-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A GENERAL PLAN AMENDMENT TO CHANGE THE LAND
USE DESIGNATION FROM OPEN SPACE TO GENERAL INDUSTRIAL
AND PUBLIC FACILITY ON APN 841-15-074, APPROXIMATELY 64.54
ACRES; GPA 97-02, SHRlNERS HOSPITALS FOR CHILDREN.
PASSED AND ADOPTED this 16th day of March, 1998, by the following vote;
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and GILROY
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Cultural Facility The Mayor stated that it was time for a discussion regarding acquisition of a
cultural facility for Gilroy, specifically the feasibility of purchase and/or purchase
and renovation ofthe Strand Theater and/or consideration of alternatives.
City Attorney Callon spoke on the legality of the use of Parks and Recreation
funds for purchase and renovation of the Strand Theater with regard to the
Quimby Act, a part of the Subdivision Map Act. She explained that if the City
Council wants to pursue this option, they would need to approve a General Plan
Amendment to allow the use of Parks and Recreation funds for a cultural facility.
She stated that another alternative is to seek an Attorney General's opinion on the
use of Parks and Recreation fees for purchase of a cultural facility.
Discussion ensued by Councilmembers on options available regarding a
General Plan Amendment and the collection of Parks and Recreation funds for a
cultural facility.
Councilman Springer distributed options on funding a cultural facility.
Councilman Sudol stated that he would like the Council to look to the future,
and not look at just one site.
(At 8:00 p.m., Councilman Morales left the Council Chambers, and returned
at 8:02 p.m.)
The Mayor opened the Public Hearing.
Dick Barratt, 7541 Church Street, spoke in favor of the Strand Theater.
Gretchen Vandenburg spoke in favor of a cultural facility.
714i
Jesse Garcia spoke in favor of the Strand Theater.
Robin Medley spoke regarding the need of a performing arts center, but was
not in favor of utilizing the Strand Theater.
Clara Faya, South Valley Symphony Board, spoke in favor of the Strand
Theater.
Dennis Beasely stated we need a performing arts center in Gilroy, but was not
in favor of utilizing the Strand Theater.
Marco Perez spoke in favor of the Strand Theater.
Donna Pray, Arts and Culture Commissioner, spoke in favor of the Strand
Theater.
Arline Silva, Arts and Culture Commissioner, spoke in favor of the Strand
Theater.
David Selley spoke in favor of the Strand Theater.
Sharon Albert spoke in favor of the Strand Theater.
Craig Gartman stated that no reason has been given to purchase the Strand
Theater at this time, noting that he is in favor of a cultural facility.
Carolyn Tognetti, 820 Carignane Drive, spoke in favor of the Strand Theater,
and the need to bring tourism to Gilroy.
(At 8:52 p.m. Councilmember Gifford left the Council Chambers, and
returned at 8:55 p.m.)
Lael McCormack, Arts and Culture Commissioner, spoke in favor of the
Strand Theater.
Susan Akers stated that if the City renovates the Strand Theater, it would not
look like the original Strand Theater, but it might be a good site for a multi-use
facility. She stated that it would not be good for a performing arts facility.
Jennifer Watson stated that she would like a performing arts facility in Gilroy.
(At 8:59 p.m. Councilmember Arellano left the Council Chambers, and
returned at 9:03 p.m.)
Miguel Paredes stated that he is not opposed to cultural events, but taxpayers
should not be the ones paying for the facility. He stated that it should be provided
by private enterprise, and that the voters should decide the issue.
Janice Krahenbuhl emphasized the need for a theater facility in Gilroy.
The Mayor called for a recess, after which he recalled the meeting to order.
Tony Sailer, owner of the Strand Theater, stated that he has someone that is
interested in leasing the building, if the City would like to purchase it in the
future.
Sally Connell, 7790 Miller Avenue, commented that years ago the City stated
that a theater would be built. She noted that we need to take the first step toward
a theater.
Jaime Rosso spoke in favor. of the Strand Theater.
Eleanor Frusetta stated that we need a theater, but not the Strand Theater.
714.2
Z 97-04
Pub.Hearing
Z 96-10
Tom Reed spoke in favor of the Strand Theater.
Shirley Trevino spoke in favor of the Strand Theater.
Nancy Bower spoke in favor of the Strand Theater.
Sheri Stuart, Parks and Recreation Commissioner, spoke on the need for a
theater arts facility. She noted that arts funds/grants are currently available.
Hillary Little spoke against the Strand Theater being used for the performing
arts center.
Connie Rogers, 7690 Santa Theresa Drive, spoke in favor of the Strand
Theater, noted over 500 signatures of citizens interested in purchasing and
renovating it.
Barbara Martinez Smith spoke in favor of the Strand Theater.
The Mayor closed the Public Hearing.
Motion was made by Councilmember Arellano, seconded by Councilwoman
Rowlison which was subsequently withdrawn, then seconded by Councilman
Morales and carried to look at a short and long term update to the General Plan to
make it consistent with California Government Code Section 66477 (the Quimby
Act) for a cultural facility, direct Staff to undertake further research to determine
if there are alternative funds available for purchase of a facility, and direct the
City Attorney to request the Attorney General's opinion on use of Park
Development funds for purchase of a cultural facility.
The Mayor noted an Ordinance of the City Council of the City of Gilroy
rezoning from OS (Open Space on 64.54 acres) to M2 (General Industrial on
28.04 acres) and PF (Public Facility on 36.5 acres) Z 97-04, APN 841-15-074,
Shriners Hospitals for Children.
Motion was made by Councilman Springer, seconded by Councilmember
Arellano and carried to read the Ordinance by title only and waive further reading
of the Ordinance. The City Clerk read the Ordinance by title only.
Motion was made by Councilman Sudol, seconded by Councilman Morales
and carried to introduce the Ordinance approving the rezoning.
The Mayor stated it was the time and place scheduled for a Public Hearing on
a request for a Zone Change to amend the City of Gilroy Zoning Map on
approximately 22.2 acres from its current Agricultural (AI) designation, to Rl
(Single Family Residential) and OS (Open Space), with a combined PUD
(Planned Unit Development) overlay, on property located on the north side ofthe
future Luchessa Avenue extension, west of Thomas Road and south ofUvas
Creek. Thomas Road Properties, Inc., applicant, Z 96-10.
Councilman Sudol recused himself from participation on this application and
stepped down from the dais.
The staff report was noted and further explained by Planning Services
Manager Faus.
The Mayor opened the Public Hearing.
Jack Kemp, on behalf of the applicant, requested mitigation measure 16a
rather than 16b be approved.
The Mayor closed the Public Hearing.
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After discussion on mitigation measures 16a and 16b, the consensus was to
approve the measure as written, and staff would clarify and present staff
recommendations at the next level of application, either Tentative Map or
Architectural and Site review.
Motion was made by Councilman Springer, seconded by Councilmember
Arellano and carried (Councilman Sudol absent) to approve the mitigated
Negative Declaration, finding that; (a) it is completed in compliance with CEQA;
(b) it reflects the independent judgment of the City; and (c) there is no substantial
evidence that the project will have a significant effect on the environment.
Motion was made by Councilman Springer, seconded by Councilmember
Arellano and carried (Councilman Sudol absent) to direct staff to prepare an
ordinance approving Z 96-10.
Councilman Sudol returned to his seat at the dais.
The Mayor asked if there was anyone in the audience wishing to speak on any
item 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:
Legislation:
Letters in opposition to SB 2001, SB 1723 and AB 1776 which would repeal
the State's Vehicle License Fee immediately; and
Letter from Assemblyman Peter Frusetta regarding AB 481, AB 270, AB 726
and SB 718.
Customer Service:
Certificate of Appreciation from the Gilroy Library for the Gilroy Library
Trust Fund;
E-mail from Marc Stelling in appreciation for the Fire Department for medical
assistance;
Letter of thanks from the Gilroy Unified School District Board of Education
for the City of Gilroy donation of computer equipment and accessories; and
Letter of congratulations to the Bethany Church of God In Christ on the
celebration of their sixth anniversary in Gilroy.
Informational items:
Community Development Department - Planning Division Monthly Report of
Long-Range Applications and Status ofRDO Allocation & Activity;
League of California Cities Legislative Bulletin #8-1998 dated February 27,
1998;
Drought Alert Calculations, Summary of Monthly Water Production,
February, 1998;
League of California Cities Legislative Bulletin #7 -1998 dated February 20,
1998;
Letter to Governor Pete Wilson regarding concerns with MTBE in California's
water supply;
71 44
SCRW A
2-10-98
Pers.Com.
1-12-98
Plan. Com.
3-5-98
Plan. Com.
2-5-98
Invitation to attend Kids Discover Arts 1998, March 21, 1998 from 10:00 a.m.
to 3:00 p.m. at Wheeler Community Center;
Letter to Michael J. Yamaguchi, United States Attorney, regarding the timely
response to the City of Gilroy's request for assistance;
League of California Cities Legislative Bulletin #9-1998, dated March 6,
1998;
Letter of request from Wayne A. Cegelske requesting a sidewalk be installed
from First Street north to Longmeadow on Santa Teresa Boulevard; and
Letter from Trixie Johnson urging Gilroy City Councilmembers to attend the
Second Annual State of the South Bay Symposium on March 27, 1998 at the San
Jose Airport Hyatt Hotel.
The minutes of the South County Regional Wastewater Authority meeting of
February 10, 1998 were noted.
The minutes of the Personnel Commission meeting of January 12, 1998 were
noted.
The report of the Planning Commission meeting of March 5, 1998 was noted.
The minutes of the Planning Commission meeting of February 5,1998 were
noted.
City Administrator Baksa distributed the City of Gilroy General Fund
Revenue History and Five Year Projections document. He also distributed the
Hazardous Materials Storage Ordinance, which will be agendized for the second
meeting in April. He noted that the Chamber of Commerce has requested to hold
a city-wide town meeting on gang awareness and graffiti, which has been
tentatively set for Saturday, June 6, 1998 tentatively at the Senior Center.
The Mayor noted the 90 day City Council calendar, a list of upcoming
meetings. He reminded everyone of the March 21 st St. Patricks dinner at St.
Mary's Hall for St. Joseph's Center. He noted the April 1, 1998 gang awareness
presentation.
(At 11 :23 p.m. Councilwoman Rowlison left the Council Chambers, and
returned at 11 :27 p.m.)
Councilman Sudol gave an update regarding the General Plan revision.
Motion was made by Councilmember Arellano, seconded by Councilman
Sudol and carried (Councilwoman Rowlison a~sent) reaffirming that the City
Council appoints and removes members and alternates to the General Plan Update
Committee.
Motion was made by Councilmember Arellano, seconded by Councilman
Springer and carried (Councilwoman Rowlison absent) to revalidate that the
General Plan update is a revision and not the creation of a new document.
Council discussed the City Council representative's involvement at the
General Plan Update Committee meetings.
Punishment for The Mayor noted a request from Councilmember Gifford to send a letter to
Graffiti Judge Shapero, et al requesting the Justice system administer the most stringent
punishment possible to anyone, adult or minor, convicted of a graffiti crime
committed in Gilroy.
Adjrnmt.
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Motion was made by Councilmember Arellano, seconded by Councilman
Sudol and carried to send a letter to Judge Shapero, et al requesting the Justice
system administer the most stringent punishment possible to anyone, adult or
minor, convicted of a graffiti crime committed in Gilroy, with one minor wording
amendment changing "graffiti artists" to "these vandals" in the fifth paragraph.
Councilman Springer noted that the Valley Transportation Authority will be
holding meetings tomorrow at the Senior Center. He stated on Thursday morning,
the Congestion Management Agency will discuss the Congestion Management
fee. City Administration Baksa will call Mike Evanhoe on the status of this.
Councilmember Arellano noted several neighborhood meetings that have been
scheduled. She asked and received Council consensus to direct the Parks and
Recreation Commission to review the fee schedule for the Willey House
regarding cost and restrictions.
Councilman Sudol thanked the citizens who attended the Saturday Arbor Day
tree planting at Christmas Hill Park. He asked that the Channel 34 television
cameras show the nameplate of the person who is speaking.
Councilwoman Rowlison noted the Joint Venture Silicon Valley Report and
distributed it to the Councilmembers.
The Mayor requested the Councilmembers give City Administrator Baksa
some topics for the April 6, 1998 closed session with the Police Department.
The Mayor noted the following meeting/event:
Police Department Master Plan Study Session, April 13, 1998, 7:00 p.m.,
Gilroy Senior Center, 7371 Hanna Street, Gilroy, California.
At 11 :48 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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/s/ RHONDA PELLIN
City Clerk