Minutes 1993/07/19
Invocation
Posting
Agenda
Roll Call
Intro New
Emp.
Emp.Award
Consent
Calendar
Minutes
Claims
Budget
Pub.Hear.
GPA 91-01
Pub. Hear.
Z 91-07
Pub.Hear.
GPA 92-04
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Regular Meeting
July 19, 1993
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Dr. Joe Caldwell, First Baptist Church, introduced his son
who gave the Invocation.
The City Clerk noted that the Agenda had been posted on
July 15, 1993 at 8:36 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.
The Mayor introduced new employee, Beatriz Perez, Police
Administrative Assistant.
The Mayor presented the Employee Award for the Month of
June, 1993, to Jose A. Torres, Multi Service Officer - Police
Department.
Motion was made by Councilman Kloecker, seconded by Coun-
cilwoman Rowlison 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, Suellen C. Rowlison, Pete Valdez, Jr. and Donald
F. Gage:
Minutes of the Regular City Council Meeting of June 28,
1993;
Minutes of the Regular City Council Meeting of July 6,
1993;
Denied Claim of Ed Villasana as recommended;
Denied Claim of Consuelo Aquino as recommended; and
Approved Budget Amendments/Transfers as recommended.
Motion was made by Councilwoman Nelson seconded by Council-
man Kloecker and carried to continue the Public Hearing to
November 15, 1993 on consideration of a General Plan Map Amend-
ment on approximately 12.75 acres from Medium Density Residential
to General Services and amend Section V. policies 12, 17 and 22
of the General Plan Text, DBO Development Co., applicant (GPA 91-
01), as requested by the applicant.
Motion was made by Councilwoman Nelson seconded by Council-
man Hale and carried to continue the Public Hearing to November
15, 1993 on consideration to rezone from A1(Agriculture) to C3
(Shopping Center Commercial) District on approximately 12.75
acres located at the southwest corner of Highway 152 and Santa
Teresa Boulevard, DBO Development Co., (Z 91-07) requested by the
applicant.
The Mayor stated that it was the time and place scheduled
for a combined Public Hearing continued from May 17, 1993 to
consider a General Plan Map Amendment on 26 acres from Low
Density Residential to Medium Density Residential and Local
Commercial Districts, located at the southwest and southeast
corners of future Tenth Street and future Thomas Road, Bill
Reimal and Don Christopher, and Glen Loma corporation, applicants
(GPA 92-04).
The Mayor relinquished the Chair to Mayor Protempore
Rowlison in order to avoid a possible conflict of interest.
t, :3~1 ~1
Res.93-40
Pub.Hear.
Z 93-04
The Staff R~port was noted and further explained by Senior
Planner Myer.
The Mayor Protempore asked if there was anyone in the
audience wishing to speak for or against the proposal.
Mr. Bill Reimal, owner representing himself, Don Christo-
pher and Glen Loma Corporation, addressed the Council noting that
they are in agreement with the General Plan Amendment as
recommended.
The Mayor Protempore asked if there was anyone further in
the audience wishing to speak on the matter. There were no
comments from anyone in the audience. The Mayor Protempore
closed the Public Hearing.
Motion was had by Councilman Hale seconded by Councilman
Kloecker and carried that the Negative Declaration for GPA 92-04
be approved as completed in compliance with CEQA, as reflecting
the independent judgement of the City.
Motion was made by Councilwoman Nelson seconded by
Councilman Hale that the reading of Resolution No. 93-40 be
waived and that it be adopted approving GPA 92-04.
RESOLUTION NO. 93 - 40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
GPA 92-04, AMENDING THE GENERAL PLAN MAP FROM LOW DENSITY
RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL AND LOCAL COMMERCIAL ON
APPROXIMATELY 26 ACRES LOCATED AT THE SOUTHWEST AND SOUTHEAST
CORNERS OF FUTURE TENTH STREET AND FUTURE THOMAS ROAD, APNS 808-
19-002 AND -004.
PASSED AND ADOPTED this 19th day of July, 1993, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, HALE,
and ROWLISON
None
GAGE
KLOECKER, NELSON, VALDEZ
Mayor Gage continued to preside over the meeting.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a rezoning request from HC
(Highway Commercial) to C3 PUD (Shopping Center Commercial)
Planned Unit Development District, on approximately 30.83 acres,
on property located at the southeast corner of Highway 101 and
Pacheco Pass Highway 152 at Brem Lane, South County Development,
applicant (Z 93-04), (EIR Certified 6-1-92.)
The Staff Report was noted and further explained by Senior
Planner Myer.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. David Coldoff, representing the applicant, addressed
the Council noting that the Berry Family has agreed to access
over their property to close Brem Lane and realign same to extend
to Arroyo Circle and that he is also working with Kimball
Properties.
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter. There was no further comment
from anyone in the audience. The Mayor closed the Public
Hearing.
Motion was made by Councilman Gilroy seconded by Councilman
Kloecker and unanimously carried that the title of the proposed
ordinance be read and waived further reading of the ordinance.
The City Clerk read the title of the proposed ordinance.
Measure A
Plan. Com.
Vacancy
Ballot
Measure
Open Space
Authority
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Motion was made by Councilwoman Nelson seconded by
Councilman Kloecker and carried that the proposed ordinance
approving the rezoning of Z 93-04 be introduced and published by
title and summary.
The Mayor deviated from the regular agenda in order to
accommodate interested persons in the audience.
Mr. Joel Maniaci, Assistant Executive Director of the Santa
Clara County Traffic Authority, addressed the Council and gave an
update on Measure A and the strategic 1993 Draft Plan.
The Mayor continued with the regular order of the agenda.
The Mayor recommended appointment of Frank A. Romero as
Planning Commissioner to fill the unexpired term 1-1-94 (Huerta).
Motion was made by Councilwoman Nelson seconded by
Councilman Hale and carried that Frank A. Romero be appointed to
fill the unexpired Planning Commission term (1-1-94). Councilman
Valdez voted "no" on the motion.
Discussion was had regarding the Council authoring an
argument regarding the Open Space Authority Measure on the
November 2, 1993 Ballot.
Motion was made by Councilwoman Nelson seconded by
Councilman Gilroy and carried that the Council-of-the-whole not
author an Argument regarding the Open Space Authority Measure on
the November 2, 1993 Ballot. Councilwoman Rowlison voted "no" on
the motion.
Mr. Mike Monroe addressed the Council re: Interim Santa
Clara County Open Space Authority's Citizens' Advisory Committee
(CAC) requesting technical assistance from Staff whenever
needed. Council concurred.
The following informational items were noted with no
separate discussion except as noted:
Correspondence re: 1993 State Budget:
Assemblyman Larry Bowler, 10th District. Noted copies
available to public and requested this information available be
noted on Channel 34;
Customer Service:
Hollister Fire Chief In Appreciation;
Gavilan District Special Olympics In Appreciation;
Rucker Theatre Arts Committee in Appreciation;
Parks & Recreation Department in Appreciation of Sportsman
Chefs' Association Sponsorship and Individual Donation for
Handicap Event;
Inter-Office Memo re: Parks & Recreation Department In
Appreciation re: Summer Activities - Human Resources Department;
Inter-Office Memo In Appreciation from Police Chief to Ltd.
Greg Giusiana;
Police Department Employee of the Month of May, 1993,
Officer Mike Terasaki;
Falcon Cable re: FCC Delay of Rate Regulation Rules;
Falcon Cable re: Broadcasters' Choice, Must-Carry or
Retransmission Consent;
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Plan. Com.
7-1-93
SCRWA
Animal
Cont.Ser.
RDO
Reg. Govrnt
Rev.Shar.
Res. 93-41
Monthly Cash & Investments Report, May 31, 1993; and
Police Department Employee of the Month of June, 1993,
Detective Greg Flippo.
The Report of the Planning Commission Meeting of July 1,
1993 was noted.
The Minutes of the South County Regional Wastewater
Authority Meeting of June 22, 1993 were noted.
City Administrator Baksa gave an update on Water
Conservation Program.
City Administrator Baksa noted a Report on Animal Control
Services further explaining same.
Council set August 4, 1993 at 7:00 p.m. as a Council Study
Session to discuss proposed revisions and amendments to the
Residential Development Ordinance (RDO), noting same to be
televised.
Discussed the City's Position on Regional Government
further explained by Councilman Hale.
Motion was made by Councilwoman Nelson seconded by
Councilman Valdez and carried to authorize Councilman Hale,
representative on the Santa Clara County Cities Association to
vehemently oppose the creation of reg~onal government as proposed
under AB 398.
Discussion was had regarding Revenue Sharing in the County
General Plan.
Motion was made by Councilwoman Nelson seconded by Council-
man Gilroy that the reading of Resolution No. 93-41 be waived and
that it be adopted opposing the County of Santa Clara's proposal
for a County-wide tax-base sharing program, and all forms of
regional governmental revenue sharing.
RESOLUTION NO. 93-41
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OPPOSING THE
COUNTY OF SANTA CLARA'S PROPOSAL FOR A COUNTY-WIDE TAX-BASE
SHARING PROGRAM, AND ALL FORMS OF REGIONAL GOVERNMENTAL REVENUE
SHARING.
PASSED AND ADOPTED this 19th day of July, 1993 by the following
vote:
AYES:
NOES:
ABSENT:
. COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Councilman Hale noted that he was elected Vice President of
the Santa Clara County Cities Association.
Councilman Gilroy reported on his recent trip to Taiwan,
noting that they are aware of Gilroy'S Garlic production.
Councilman Kloecker gave an update on the Transportation
Commission regarding a proposal on reorganization.
Councilwoman Nelson requested being kept informed of the
Police Chief's recent accident.
The Mayor noted the following meetings and events:
Joint City CounCil/Gilroy Unified school District Board
Meeting, July 21, 1993 - 5:30 p.m., Council Chambers, City Hall,
7351 Rosanna Street, Gilroy, CA 95020;.
Adjrnmt.
Gilroy City Council Study Session, Wednesday, July 28, 1993
- 7:00 p.m., re: Violent Crime Report, Council Chambers, City
Hall, 7351 Rosanna Street, Gilroy, CA 95020. To be televised;.
Annual City of Gilroy Employees' BBQ, August 21, 1993,
Christmas Hill Park; and
League of California Cities 1993 Annual Conference, October
17 to 19, 1993, Moscone Center, San Francisco. RSVP City Clerk.
At 8:29 p.m. the Mayor adjourned to a Closed Session re:
Exposure to Litigation in accordance with Section 54956.9(b)(1)
of the Government Code, re: Confidentiality of Peace Officer
Records;
Pending Litigation in Accordance with Section 54956.9(a)
People v Peterson; People v. Vlahos, Santa County Municipal
Court, Case Nos. F92-58009, F 92-58008; and
Pending Litigation In Accordance with Section 54956.9(a):
In re Garden Valley Foods, u.S. Bankruptcy Court Case No. 91-
57000-ASW.
At 9:15 p.m. the Mayor reconvened the meeting and further
adjourned.
Respectfully submitted,
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