Loading...
Minutes 1998/04/06 ';- ..--' '-'-:'''::''''''~''''''"-,~"~'''c;'',~_",,,,''',~,,,''''::~~;:t:'.- O'"'"C' ','O'C"'..."',",", '",-,~_""L"_"""",=,',,C~;,~'''''''''''''"'''~'~'''''tt2'O''' .. Motion was made by Councilman Morales, seconded by Councilman Springer 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, Suellen C. Rowlison, Thomas W. Springer, Anthony C. Sudol III, and K. A. Mike Gilroy: The Mayor presented a Certificate of Recognition to Ortensia L. Vasquez in Acknowledgment of her Selection as 28th Assembly District 1998 Woman of the Year. Tony LoBue, on behalf of Assemblyman Peter Frusetta, presented the 28th Assembly District's 1998 Woman of the Year award to Ortensia L. Vasquez. The Mayor noted a proclamation for Asian Americans for Community Involvement, Twenty-Fifth Anniversary, May 16, 1998, which was previously mailed to the Asian Americans for Community Involvement. Present: Councilmembers: Guadalupe Arellano, Lisabeth A. Gifford, Charles S. Morales, Suellen C. Rowlison, Thomas W. Springer, Anthony C. Sudol III, and K. A. Mike Gilroy - 7:08 p.m. The City Clerk noted that the Agenda had been posted on April 2, 1998 at 11: II a.m. Father Errol Montgomery, St. Stephen's Episcopal Church, gave the Invocation. The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting April 6, 1998 Gilroy, California t~-: i 7 1 .) i Consent Calendar Ortensia L. Vasquez Ortensia L. Vasquez Proc.-Asian Americans Roll Call Posting Agenda Invocation -- ? 7 I j.- Budget Budget Amendments/Transfers as recommended; Minutes Minutes of the Regular Council Meetings of March 16 and 23,1998; Ord. 98-6 Adopted Ordinance No. 98-6 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; ORDINANCE NO. 98-6 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. PASSED AND ADOPTED this 6th day of April, 1998, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNClLMEMBERS: None ABSENT: COUNCILMEMBERS: None OEDP Appointed the Overall Economic Development Program (OEDP) committee, as recommended; and First Street Accepted Improvements for the First Street Sanitary Sewer between Wayland Sanit. Sewer Lane and Hanna Street, Project No. 97-CDD-481, Shaw Pipeline, Inc. Phys.Challenged Chuck Wear, Chairman of the Physically Challenged Board of Appeals, Bd. Report thanked the City of Gilroy for completing the cross town pathway for wheelchair accessibility and the entrances to City Hall to make them accessible for wheelchairs. He noted City buildings that are not currently accessible and the plan that was developed to make the buildings accessible. He noted that civil liability is possible if the buildings are not brought up to ADA standards. He noted the inaccessibility for wheelchairs at City parks. Ben Pappani, member of the Physically Challenged Board of Appeals, asked for continued help and support to complete wheelchair accessibility as needed. Lael McCormack, member of the Physically Challenged Board of Appeals, stated that the Board is appreciative of what has been accomplished, but there are continued needs, including work at the Gilroy Museum. Council requested a top ten list of items from the Physically Challenged Board of Appeals that they would like the City to look at. Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a Public Weed Abate. Hearing to consider annual destruction or removal of weeds and/or refuse constituting a public nuisance in the City of Gilroy. The staff report was noted and further explained by Acting City Administrator Dorn. The Mayor opened the Public Hearing and 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. Councilman Springer noted a minor change on page I under # 1 to change Dire to Fire. 715 :j Res. 98-18 Motion was made by Councilman Springer, seconded by Councilman Morales and carried that the reading of Resolution No. 98-18 be waived and that it be adopted, subject to the one minor change noted. RESOLUTION NO. 98-18 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 6th day of April, 1998, by the following vote; AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Z 96-10 The Mayor noted an Ordinance of the City Council of the City of Gilroy Amending the Zoning Designation from Al (Agricultural) and OS (Open Space) to Rl/0S-PUD (Single Family Residential and Open Space-Planned Unit Development) on approximately 22.2 acres, on APN 808-20-012 and a portion of APN 808-20-011, Z 96-10, Thomas Road Properties. Councilman Sudol recused himself from discussion and vote on this item. Motion was made by Councilman Springer, seconded by Councilman Morales and carried (Councilman Sudol absent) 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 Springer, seconded by Councilman Morales and carried (Councilman Sudol absent) to introduce the Ordinance approving the amendment of the zoning designation. Howard Vierra The Mayor noted an appeal of the March 26, 1998 decision of the Physically Appeal Challenged Board of Appeals to deny Howard Vierra's request to eliminate second story access at a 16 unit motel upon providing equivalent facilitation at the adjacent Ramada Inn. The staff report was noted and further explained by Senior Plan Review Technician McDonald. She answered questions from Councilmembers. Chuck Wear, Chairman of the Physically Challenged Board of Appeals, explained the action of denial of this request by the Board. Chief Building Official Ledesma noted that a lift may not be the answer to this problem. Barton Hechtman, attorney for the applicant, distributed information and explained exceptions to the requirements for accessibility relating to practical difficulty or unnecessary hardship, noting that equivalent facilitation can be provided. Howard Vierra explained the proposed plans for the trucker's motel building. Ron Scholar, Deputy City Attorney, reviewed the proposal, including the enforceability problems that can be encountered with two separate parcels. Motion was made by Councilwoman Rowlison, seconded by Councilman Morales and carried to direct staff to prepare a resolution upholding the denial of the Physically Challenged Board of Appeals, due to the fact that no hardship has been shown. 7154 Repeal Code The Mayor noted a request by the City of Gilroy Traffic Engineer to repeal Section 15.10 Gilroy City Code Section 15.10. (At 8:48 p.m., Councilmember Gifford left the Council Chambers, and returned at 8:50 p.m.) The staff report was noted and further explained by Traffic Engineer Abrams. Motion was made by Councilman Springer, seconded by Councilman Morales and carried (Councilmember Gifford absent) 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 repealing Gilroy City Code Section 15.10. 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: Legislati on: Letters in support of ACA 30, which seeks to prohibit the "loan or transfer of gas tax revenues for any purpose other than those permitted under Article XIX of the California Constitution; Letters in opposition to AB 1691, which seeks to eliminate sales tax revenues generated by trade in vehicles on the purchase of new cars; Letters in opposition to Proposition 224, which seeks to eliminate local control by requiring all engineering project development work to be done by state employees instead of consultants hired and managed by local officials; Letters in support of AB 95 and ACA 4, which would return property tax revenue allocation to cities, counties and special districts; League of California Cities - League Positions on June 1998 Ballot Measures; and Letter from Assemblymember Frusetta regarding co-authorship of AB 95 and ACA4. Customer Service: Letter of thanks from the Community Services Director to the Assistant Fire Chief for the excellent presentation regarding the SEMS Model for the Emergency Operations Center; Memorandum ofthanks from the Planning Division Manager to the City of Gilroy Custodians for their assistance; Note of Appreciation from Tamara J. Ewald, U. S. Customs Service, to Susana Serna, Police Records Tech. I, for her prompt service on inquiries; and Letter of Appreciation from Louis A. Cobarruviaz, Chief of Police, City of San Jose, for Corporal Georges' and Corporal Flippo's participation in the Santa Clara County Law Enforcement Honor Guard at the 21 st Annual California Police Chiefs Association Conference. Council on Aging - Rojean Wilson 7 1 :.'~' f9 J .J Informational items: South County Regional Wastewater Authority Ongoing Engineering Activities, March 24, 1998 SCR W A Board Meeting; League of California Cities Legislative Bulletin # 11-1998, dated March 20, 1998; Community Development Department - Planning Division Monthly Report of Long-Range Applications and Status ofRDO Allocation & Activity, March 27, 1998; League of California Cities Legislative Bulletin #12-1998, dated March 27, 1998; Letter of Invitation to join in the Silicon Valley to Sacramento Delegation Trip April 14 and 15, 1998; Letter from Dr. Carol Cooper, Associate Dean, Technology and Public Services, announcing her intention to retire after 26 years at Gavilan College; Invitation to join in celebrating the grand opening of the new Hunting Hollow entrance to Henry W. Coe State Park on May 2, 1998; Letter of Thanks from Eleanor Villarreal, Odd Fellow-Rebekah Children's Home of California, for the generous award of $7,500 toward the Children's Home FamilyCare prevention program; and Police Executive Research Forum June, 1992, Fresh Perspectives: Prepublication Release: Helpful Hints for the Tradition-Bound Chief. Acting City Administrator Dorn distributed a memorandum from David Alvarez, Gilroy Unified School District Superintendent, regarding South Valley Junior High School Property. He distributed a copy of the City of Monrovia daytime curfew ordinance. He explained the difficulties encountered in recruiting for middle management positions due to issues such as the cost of housing, explaining that the Council may want to refer the issue to the Personnel Commission for review and suggestions. It was the consensus of the Council to have the Personnel Commission review this issue. The Mayor noted the 90 day City Council calendar, a list of upcoming meetings. The Mayor noted a request to appoint Ms. Rojean Wilson as the City of Gilroy representative to the Advisory Council of the Council on Aging. Council concurred to appoint Ms. Rojean Wilson as the City of Gilroy representative to the Advisory Council of the Council on Aging. Neighborhood The Mayor noted that he had met with Councilmembers Arellano and Meetings Morales and discussed the proposed neighborhood meetings. He distributed a proposal that this subcommittee developed regarding these meetings. Councilman Springer stated that a portable sound system needs to be used. Council concurred to have the first neighborhood meetings on June 8, 1998 at South Valley Junior High School and June 22, 1998 at Luigi Aprea School starting at 7:00 p.m., if they are available. They agreed to set aside $4,000 in the budget for Council awards to neighborhoods. The Mayor asked if any Councilmember could attend a Cities Association meeting for him in Sunnyvale on April 9, and Councilmembers Rowlison and Morales stated they would check their schedules. 7115/; Adjrnmt. Councilman Springer invited everyone to a clean up day on Saturday, May 2, 1998 at Eigleberry and Ninth Streets. Councilmember Arellano stated that May 2, 1998 is also Special Olympics, and that the Latino Coalition will be hosting a yard sale that day at Second and Monterey Streets. Councilmember Gifford requested a member of Wipe Out Watch attend the retreat on May 8, 1998. She commended the Gilroy High School students who cleaned up graffiti recently. She stated that although she will not be voting on the development, Ventana II will be in construction soon, and invited the City Council and Planning Commission members to her home on April 9, 1998 at 2:00 p.m. or Saturday, April 11, 1998 at 3:00 p.m. to view the site from her back yard. Councilman Morales recognized the Gilroy High School Chamber Singers, who will be performing a Sayonara Concert on April 9, 1998 at the Presbyterian Church, as they will be traveling to Japan and Korea on a tour. He stated that he would like to see a series of streets named in honor of our sister cities. Councilwoman Rowlison invited everyone to the Artrain this weekend, April 11 & 12, 1998 with a pancake breakfast to be served. She stated that the Artrain will also be in Salinas on April 8 & 9, 1998. No update was given by the City Council representatives regarding the General Plan revision. The Mayor noted the following meetings/events: Police Department Master Plan Study Session, April 13, 1998, 7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, California. City Council/Police Department Retreat, May 8, 1998, 9:00 a.m. to 3 :00 p.m., Senior Center Meeting Room, 7371 Hanna Street, Gilroy, California. At 9:25 p.m. the Mayor adjourned the meeting to a continued Closed Session Pursuant to Government Code Section 54957: THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: City of Gilroy Acting Chief of Police The Mayor reconvened the meeting and further adjourned the meeting at 10:15 p.m. Respectfully submitted, ~-~ /s/ RHONDA PELLIN City Clerk