Minutes 1998/04/06
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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
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Consent
Calendar
Ortensia L.
Vasquez
Ortensia L.
Vasquez
Proc.-Asian
Americans
Roll Call
Posting
Agenda
Invocation
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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.
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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.
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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
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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.
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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,
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/s/ RHONDA PELLIN
City Clerk