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Minutes 1992/11/16 1 ;~(~~ .~:~ ~j.) Invocation Posting Agenda Roll Call Intro.New Emp. Emp.Award Consent Calendar Minutes Ord.92-18 Res.92-82 Regular Meeting November 16, 1992 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Kevin Wilson, Gilroy Bible Church, gave the Invocation. The City Clerk noted that the Agenda had been posted on November 12, 1992 at 8:47 a.m. Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez Jr. and Donald F. Gage, 7:02 p.m. The Mayor introduced New Employee, Susan D. Stenger, Clerk Typist I - Finance Department. The Mayor presented the Employee Award for the month of October, 1992 to Greg Miller, Equipment Maintenance Supervisor. 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: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Sue1len C. Rowlison, Pete Valdez, Jr. and Donald F. Gage; Minutes of the Regular Council Meeting of October 26, 1992; Adopted Ordinance No. 92-18 prezoning from County Agriculture to Residential Hillside (PH) and Single Family Residential-Planned Unit Development (R1-PUD), approximately 882 acres, on property located on the westerly side of Santa Teresa Boulevard from Uvas Creek, and south, approximately 12,000 feet, Shapell Industries and Glen Loma Group Applicants, Z 90-10; ORDINANCE NO. 92 - 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING Z 90-10 PREZONING FROM COUNTY AGRICULTURAL TO RESIDENTIAL HILLSIDE (RH) AND SINGLE FAMILY RESIDENTIAL-PLANNED UNIT DEVELOPMENT (R1-PUD) APPROXIMATELY 882 ACRES LOCATED ON THE WESTERLY SIDE OF SANTA TERESA BOULEVARD FROM UVAS CREEK SOUTH APPROXIMATELY 12,000 FEET TO MESA ROAD, APNs 810-20-003 (portion), 810-22-001, 002, 003, 8l0-24-001 AND 005. PASSED AND ADOPTED this 16th day of November, 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None; COUNCILMEMBERS: COUNCILMEMBERS: Adopted Resolution No. 92-82 approving an application and project designated: Gilroy Delinquency Prevention through the Juvenile Justice and Delinquency Prevention Act of 1974, Program Administered by the Office of Criminal Justice Planning; RESOLUTION NO. 92 - 82 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICATION AND THE PROJECT DESIGNATED GILROY DELINQUENCY PREVENTION THROUGH THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 (PL 93-415) PROGRAM ADMINISTERED BY THE OFFICE OF CRIMINAL JUSTICE PLANNING. PASSED AND ADOPTED this 16th day of November, 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None; COUNCILMEMBERS: COUNCILMEMBERS: I Minutes Budget Res.92-83 TM 92-01 Pub. Hear. TM 2-02 GDDC -r . '" ~1 \ ,'... ,):,- Minutes of the Regular Council Meeting of November 2, 1992; Approved Budget Amendments/Transfers as recommended; and Adopted Resolution No. 92-83 approving Salary Increases for Police Personnel; RESOLUTION NO. 92 - 83 A RESOLUTION OF THE CITY COUNCIL ESTABLISHING RENEGOTIATED SALARY PASSED AND ADOPTED this 16th day following vote: AYES: COUNCILMEMBERS: OF THE CITY OF GILROY SCHEDULES FOR POLICE PERSONNEL. of November, 1992, by the NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None; Motion was made by Councilwoman Nelson seconded by Councilwoman Rowlison and carried that the Public Hearing to consider a Tentative Map request of Tim & John Filice, The Forest, applicants, to subdivide parcels totalling 86.1 acres into 15 lots, TM 92-01 be continued to January 19, 1993, requested by the applicants. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Tentative Map request to subdivide property located at the westerly terminus of Country Drive into thirty (30) Single Family Residential Lots on approximately 23.68 acres, TM 92-02, Country Estates Venture, applicant. The Staff Report was noted and 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. David Sanchez, applicant, addressed the Council to answer any questions regarding the Tentative Map proposal. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Gilroy seconded by Council- woman Nelson that the reading of Resolution No. 92-84 be waived and that it be adopted approving said Tentative Map request. RESOLUTION NO. 92 - 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONDITIONALLY APPROVING THE APPLICATION OF COUNTRY ESTATES VENTURE FOR A VESTING TENTATIVE SUBDIVISION MAP TM 92-02 FOR A THIRTY-LOT RESIDENTIAL HILLSIDE SUBDIVISION ON APN 783-47-001 AND 003, CONSISTING OF APPROXIMATELY 24 ACRES. PASSED AND ADOPTED this 16th day of November, 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None COUNCILMEMBERS: COUNCILMEMBERS: The Mayor noted receipt of a Report from the Gilroy Down- town Development Corporation to reassess Goals and Objectives and the City's commitment of the funding for Downtown Main Street Program. Council agreed to continue the matter to the November 23, 1992 regular Council Meeting in order for Council to have time to study the report presented. t' " ' .. ~_} to.< ,,~ Ord.92-17 Sidewalk/ Curb-Gut/; st. Trees Ord.92-19 Trip Reduct. Rule Wal Mart Motion was made by made by Councilwoman Nelson seconded by Councilwoman Rowlison to reconsider the effective date of Ordinance No. 92-17 re: Traffic Impact Fees. Councilman Kloecker voted "no" on the motion. Council tabled action on this motion in order to allow the City Attorney to review the ordinance. Discussion was had regarding the options for funding for Sidewalk/Curb-Gutter/Street Tree issue under the Five Point Plan for the financial Analysis of the Plan. Motion was made by Councilman Gilroy seconded by Councilman Hale and carried that Option 7 be approved for funding Sidewalk/Curb-Gutter/Street Tree issue as recommended under the Five Point Plan for the financial analysis of the Plan to include a policy statement that the Program will receive a high priority under the Capital Improvement Budget and to include the Volunteer Match Program to be created. Councilman Kloecker voted "no" on the motion. City Administrator Baksa noted that Council would receive the verbiage for the additional Two Points under the Plan. The City Attorney noted that the Council could reconsider adoption of the Traffic Impact Fee Ordinance No. 92-17 to amend the effective date of the ordinance. If readopted, Ordinance No. 92-17 would be null and void. Motion was made by Councilwoman Nelson seconded by Councilwoman Rowlison and carried to reconsider adoption of the Traffic Impact Fee Ordinance No. 92-17 to amend the effective date of the ordinance. Councilman Kloecker voted "no" on the motion. Motion was made by Councilman Hale seconded by Councilwoman Rowlison that the effective date of the Traffic Impact Fee Ordinance No. 92-19 under Section III be February 1, 1993 by the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Hale, Nelson, Rowlison, Valdez and Gage; Noes: Councilmember: Kloecker. ORDINANCE NO. 92 - 19 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 ALL DEVELOPMENT PROJECTS WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 16th day of November, 1992, by the following vote: AYES: COUNCILMEMBERS: FO~ NOES: ABSENT: GILROY, HALE, and GAGE KLOECKER None NELSON, ROWLISON, VALDEZ COUNCILMEMBER: COUNCILMEMBERS: Discussion was had regarding the proposed Rule on Trip Reduction further explained by Director of Public Works Allen. Motion was made Councilwoman Rowlison seconded by Councilman Gilroy that the proposed Rule on Trip Reduction be approved and concurred that a city employee using a city vehicle may transport another city employee to the work place. It was agreed that the City should abide by the Rules and Regulations of the Class that the City is categorized in regard to the performing survey. (At 8:59 p.m. the Mayor declared a Recess and Reconvened the Meeting at 9:08 p.m.) Discussion was had on the recommendation to approve an Agreement with Wal Mart Stores, Inc. further explained by the City Attorney. Discussion was had by Council on the matter. The Mayor asked if there was anyone in the audience wishing to speak on the proposal to approve the Agreement with Wal Mart Stores, Inc. as presented. ,'Ii ~ d o ), ~"",,' " ~ G_~ Mr. Brian Cunningham, Attorney addressed the Council in opposition to any monetary give away to Wal Mart, stores Inc. Mr. Bob Karn, representing Wal Mart stores, Inc. addressed the Council explaining the proposed plans to locate in Gilroy. Mr. Miguel Paredes, 7781 Church street, addressed the Council in favor of Wal Mart Stores, Inc. locating in Gilroy and the benefit to the City. Mr. David Bouchard, representing the Chamber of Commerce Board of Directors and Economic Development Committee addressed the Council in favor of Wal Mart Stores, Inc. locating in Gilroy. Mr. Carl Swank, Gilroy Tire & Brakes, addressed the Council noting that he is not opposed to Wal Mart locating in Gilroy but objected to not sufficient in-put from the public on this proposal. Mr. Ted Sanchez, 7160 Harvard Place, addressed the Council noting his interest in the contractors that will build the Wal Mart Stores if they locate in Gilroy. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Discussion was had by Council on the proposed Agreement with Wal Mart Stores, Inc. Motion was made by Councilwoman Nelson seconded by Councilman Gilroy to approve the Wal mart Stores, Inc. Agreement as presented. A substitute motion was made by Councilman Kloecker seconded by Councilman Valdez that no further action be taken in regard to the proposed Wal mart Agreement until a duly noticed Public Hearing is held regarding the proposed Agreement. The substitute motion failed by the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Kloecker and Valdez; Noes: Councilmembers: Hale, Nelson, Rowlison and Gage. The original motion to approve the Wal Mart Stores, Inc. Agreement as presented passed by the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Hale, Nelson and Gage; Noes: Councilmembers: Kloecker, Rowlison and Valdez. The following informational items were noted with no separate discussion on same: Correspondence re: Regional Government/Governance: ABAG re: Growth Management Platform; Customer Service: Inter-Office Memos in appreciation for Police Officers' Efforts re: Central Coast Counties Policy Academy; City of Santa Clara Fire Department in appreciation re: Fire Prevention Week; Inter-Office Memo in appreciation of Police Officer's Efforts at the Hispanic Festival; Inter Office Memos in appreciation of Police Officer's Efforts re: Odd Fellow Children's Home Hoosegow Event; Inter-Departmental Memo in appreciation re: Super Heroes Day Safety Celebration; Heroic Deed - City Employees; American Association of University Women (AAUW) in ippreciation; ~'., >> 1 \} .~;,Ji. 1992 Congestion Management Program Monitoring Report; Joint Gilroy City & Gilroy school District Red Cross Mass Care Training Day, November 6, 1992; Report to the California Water Commission; Gilroy Downtown Development Corporation News, November, 1992; Gilroy Unified School District In Appreciation; League of California Cities Economic Recovery Plan; Governor Wilson re: Senate Bill 1287; Gilroy Unified School District re: effect of SB 1287; California State Automobile Association re: City's Support on "Schools Open-Drive Carefully" Campaign; City Commission and Advisory Board terms expiring January 1, 1993; Arts Council of Santa Clara County Year in Review; State Treasurer, Kathleen Brown, re: Public Hearings scheduled to examine impact of the State Budget on local Government finance; Visitors' Bureau Advisory Council Minutes of their October 8, 1992 meeting and Financial Statement, September/October, 1992; County of Santa Clara Final Booking Fee for Fiscal Year 1993; Falcon Cable Systems Company re: Rate Adjustments; and Department of Forestry and Fire Protection re: Article in the Sacramento Bee re: Trees. Noted the Report of the Planning Commission Meeting of November 5, 1992. Noted the Minutes of the Gang Task Force Meeting of October 28, 1992. Noted the Minutes of the South County Regional Wastewater Authority Meeting of October 27, 1992. Airport Study Discussion was had on an Airport Site Selection Study. fCopies were distributed November 2, 1992. It was noted that Edith Edde was the County Planning Commission representative for South County and requested that she be contacted to address the Council on the matter or inquire if a Staff member could address the Council in this regard. Councilman Gilroy noted that he would volunteer to attend future meetings if possible. City Administrator Baksa noted that he needed to meet with the Council Subcommittee regarding the Council Retreat following the regular meeting. (At 11:00 p.m. the Mayor declared a Recess and Reconvened the meeting at 11:03 p.m.) A letter from the Children's Home offering use of their facilities for the Council Retreat was noted. Council declined the invitation and City Administrator Baksa noted that he would notify them by letter. City Administrator Baksa distributed the schedule for Monthly Departmental Reports to Council requesting they indicate the topics Council wished to be informed about. Adjrnmt. J " d t t --.;','."!f <J.,} City Administrator Baksa noted the Joint Council/School Board Liaison Committee Meeting scheduled for November 18, 1992 and distributed information for the Council Study Session re: RDO to follow the Liaison Committee Meeting. Motion was made by Councilwoman Nelson seconded by Councilman Gilroy and carried that the City Attorney's recommendation to approve the request by the League of California Cities to Join as Amicus the following: 1. Roberts v. City of Palmdale, re: Confidentiality of Attorney-Client Memoranda; Laurel Heiqhts Improvement Assn. v. Reqents of University of California, re: Standard for Recirculating an EIR; and Greenwood Addition Homeowners Association v. City of San Marino, re: Citizens' Entitlement to LAFCO Annexation Hearing. The following meetings were noted: City of Gilroy Public Information Meeting, November 24, 1992 - 7:00 p.m., Gilroy Council Chambers, 7351 Rosanna Street, Gilroy, CA 95020 re: Discussion of Traffic Impact Fees; Gilroy City Council Special Meeting, November 30, 1992 to follow Closed Session of 6:30 p.m., Gilroy Council Chambers, 7351 Rosanna Street, Gilroy, CA 95020 re: Consideration of Police Officers' Association Memorandum of Understanding; Gilroy City Council Study Session, November 30, 1992 - 7:00 p.m., Council Chambers, 7351 Rosanna Street, Gilroy, CA 95020, re: Discussion of Violent Crime Rate Issue. To be televised; and Gilroy City Council Retreat, January 22, 23, and 24, 1993, Gilroy Senior Center, 7371 Hanna Street, Gilroy, CA95020. Councilwoman Rowlison reported on the Recycling Workshop scheduled for November 18, 1992 and the Team efforts in eliminating graffiti throughout the City; and noted the Art Grant Application Deadline of December 6, 1992. At 11:15 p.m. the Mayor adjourned the meeting.