Minutes 1992/11/02
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Posting
Agenda
Invocation
Roll Call
Consent
Calendar
Minutes
Claim
Ord.92-17
Regular Meeting
November 2, 1992
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the Agenda had been posted on
October 29, 1992 at 10:00 a.m.
Pastor Lee Neisch, United Methodist Church, gave the
Invocation.
Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul
V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez Jr.
and Donald F. Gage, 7:00 p.m.
Motion was made by Councilman Kloecker seconded by Council-
man Hale that the following items under the Consent Calendar be
approved, by the following Roll Call Vote: Ayes: Councilmem-
bers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C.
Nelson, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage;
Minutes of the Regular Council Meeting of October 19, 1992;
Denied Claim of Debra Andrade as recommended;
Adopted Ordinance No. 92-17 adding Article VI to Chapter 21
of the City Code establishing a Traffic Impact Fee on Development
Projects within the City and changing the effective date for
implementation of fees for non-residential development projects
to sixty days;
Res.92-80
Surplus
Items
Hearing
V 92-06
GPA 90-07
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ORDINANCE NO. 92 - 17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING
CERTAIN FINDINGS AND ADDING ARTICLE VI TO CHAPTER 21 OF THE
GILROY CITY CODE, ESTABLISHING A CITYWIDE TRAFFIC IMPACT FEE FOR
ALL DEVELOPMENT PROJECTS WITHIN THE CITY OF GILROY.
PASSED AND ADOPTED this 2nd day of November, 1992, by the
following vote:
AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None;
Adopted Resolution No. 92-80 adding City'S Consolidated
Landscape Policy to State Water Conservation Requirements;
RESOLUTION NO. 92 - 80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
REAFFIRMING THE CITY'S EXISTING WATER CONSERVATION REQUIREMENTS.
PASSED AND ADOPTED this 2nd day of November, 1992, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
None
None; and
Approved surplus lists to include addendum of one addi-
tional police vehicle and authorization to sell same at the City
Auction.
At 7:08 p.m. Human Resources Director Valenzuela gave his
Departmental Report. At 7:42 p.m. Planning Director Dorn gave
his Departmental Report.
The Mayor stated that it was the time and place scheduled
for a Hearing to consider an appeal on the decision of the
Planning Commission approving a Variance request from Section
37.51 of the Zoning Ordinance to allow a fifty foot high free-
standing sign and a total signage area at 7900 Arroyo Circle,
south of Leavesley Road, Wal-Mart Stores, Inc., Applicant, V 92-
06 (C3 Shopping Center Commercial District).
The Staff Report was noted including the Planning
Commission Minutes further explained by Planning Director Dorn.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. Bob Carne, representing Wal-Mart Stores, Inc.,
addressed the Council further explaining the Variance request.
Mr. Tom Carmichael, 7700 Santa Barbara Drive, appellant,
addressed the Council noting his reasons for appealing the
Variance granted Wal-Mart Stores, Inc.
The Mayor asked if there was anyone further wishing to
speak on the matter. There was no comment from anyone in the
audience. The Mayor closed the Public Hearing.
Motion was made by Councilwoman Nelson seconded by
Councilman Gilroy and carried directing Staff to prepare a
resolution denying the appeal and upholding the decision of the
Planning Commission to allow the Sign Variance requested.
Councilmembers: Kloecker and Valdez voted "no" on the motion.
Discussion was had on a resolution approving the General
Plan Amendment request to amend the General Plan Map from
Industrial Park to General Services Commercial for property
located on the west side of San Ysidro Avenue, east of U.S. 101,
between Las Animas Avenue and Leavesley Road on approximately 11
acres, J. Filice & Sons, Applicants, GPA 90-07.
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Res.92-81
Wal-Mart
Gang Task
Force
Personnel
Com.
The Staff Report was noted further explained by Senior
Planner Myer. Discussion was had regarding the mitigation
measures and same were revised as noted.
Motion was made by Councilwoman Nelson seconded by
Councilwoman Rowlison that the reading of Resolution No. 92-81 be
waived and that it be adopted approving General Plan Amendment
90-07 and making CEQA findings and adopting mitigation monitoring
program with corrections as noted.
RESOLUTION NO. 92 - 81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PARTIALLY
APPROVING GPA 90-07, AMENDING THE GILROY GENERAL PLAN MAP TO
CHANGE THE DESIGNATION FROM INDUSTRIAL PARK TO GENERAL SERVICES
COMMERCIAL ON AN APPROXIMATELY 11-ACRE PROPERTY LOCATED ON THE
WEST SIDE OF SAN YSIDRO AVENUE, EAST OF U.S. 101, BETWEEN LAS
ANIMAS AND LEAVESLEY ROAD, AND MAKING FINDINGS UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND ADOPTING A MITIGATION
MONITORING PROGRAM.
PASSED AND ADOPTED this 2nd day of November, 1992, by the
following vote:
AYES: COUNCILMEMBERS: HALE, NELSON, ROWLISON and GAGE
NOES: COUNCILMEMBERS: GILROY, KLOECKER and VALDEZ
ABSENT: COUNCILMEMBERS: None
Discussion was had on a proposed Agreement with Wal-Mart
Stores, Inc.
At 9:06 p.m. the Mayor declared a recess and reconvened the
Meeting at 9:12 p.m.
Continued discussion was had regarding the proposed
agreement with Wal-Mart Stores, Inc.
Motion was made by Councilman Gilroy seconded by Council-
woman Nelson and carried by the following Roll Call Vote to
approve the proposed agreement with Wal-Mart Stores, Inc. in
concept as to the business terms outlined: Ayes: Councilmembers:
Gilroy, Hale, Nelson and Gage; Noes: Councilmembers: Kloecker,
Rowlison and Valdez.
It was noted that the City Attorney would present the final
agreement for Council approval. Council requested that the
Public Works Department report on the traffic impact fees in
relation to this project.
The following informational items were noted with no
separate discussion on same except as noted:
Customer Service: California State Automobile Association
in appreciation for participation in the 1991 AAA Pedestrian
Protection Program;
Boy Scout Project on Uvas Creek Park Preserve; and
Proclamation issued by Mayor Gage: Philanthropy Day,
November 19, 1992.
The Minutes of the Gang Task Force Meeting of October 14,
1992 were noted.
The Minutes of the Personnel Commission Special Meeting of
October 28, 1992 were noted.
Motion was made by Councilman Gilroy seconded by Councilman
Hale and carried that job descriptions for Engineer I and II and
change in job description for Police Records Technician I be
approved as recommended.
City Administrator Baksa gave an update on the Water
Conservation Program.
Adjrnmt.
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City Administrator Baksa distributed a Memorandum regarding
the Sidewalk/Curb-Gutter/Street Tree Issue to be agendized on the
November 16, 1992 Council Agenda.
City Administrator Baksa noted the topic of discussion at
the November 19, 1992 Leadership Forum will be Traffic Impact
Fees to be taped and shown on Channel 34 and a Public Information
Meeting on said Fees scheduled for November 24, 1992 at 7:00 p.m.
in the Council Chambers.
Motion was made by Councilwoman Nelson seconded by Council-
man Gilroy and carried by the following Roll Call Vote:that the
effective date of implementation of traffic impact fees from
sixty to ninety days be reconsidered at the next regular Council
Meeting: Ayes: Councilmembers: Gilroy, Hale, Nelson, Rowlison and
Gage; Noes: Councilmembers: Kloecker and Valdez.
City Administrator Baksa distributed a proposal for Airport
Site Selection Study to be agendized on the November 16, 1992
Council Agenda.
Motion was made by Councilwoman Nelson seconded by
Councilwoman Rowlison and carried that the December 28, 1992
Regular Council Meeting be cancelled.
City Administrator Baksa noted the Boy Scouts Project on
Uvas Park Preserve.
Councilwoman Rowlison noted the new State Legislation re:
the Landscape Policy of three inch layer of mulch requirement.
Councilman Gilroy invited Council to the VFW and American
Legion Joint Veterans' Day Ceremony at 11:00 a.m., November 11,
1992 at the Veterans' Memorial Building on Sixth Street.
Councilman Kloecker reported on the ABAG General Assembly
Meeting.
Councilwoman Rowlison noted success of the Gang Task
Force. The Mayor invited Council to the November 4th meeting,
noting a video tape will be shown.
The following meetings were noted:
Joint Council/School District Liaison Committee Meeting,
November 5, 1992 - 5:45 p.m., Gilroy School District Board
Meeting Room, Arroyo Circle;
Council Study Session, November 9, 1992 - 7:00 p.m.,
Council Chambers, re: Discussion of Residential Development
Ordinance issues;
Leadership Forum, Senior Center, 7:30 a.m., November 19,
1992 re: Discussion of Traffic Impact Fees;
Council Study Session, November 30, 1992 - 7:00 p.m.,
Council Chambers, re: Discussion of Violent Crime Rate Issue.
City Administrator Baksa noted tentative dates for the
Council Retreat to be January 22, 23 and 24, 1993.
At 10:05 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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