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Minutes 1993/10/25 Note: Invocation posting Agenda Roll call Intro.New E~. Emp.Award consent calendar Minutes Budget Claims Minutes Imprvmts. Bid prop. .( ~ .>' , Regular Meeting october 25, 1993 Gilroy, california The Closed session of the city council at 6:00 p.m., was held and at 7:00 p.m. continued to immediately follow the regular meeting of November 1, 1993 re: city Administrator's Evaluation. The Mayor led the Pledge of Allegiance to the Flag. Pastor Bob Achilles, Trinity Bible church gave the Invocation. The city Clerk noted that the Agenda had been posted on october 21, 1993 at 9:03 a.m. present: councilmembers: K. A. Mike Gilroy, Leonard A. Hale, Paul v. Kloecker, Sara c. Nelson, Pete valdez, Jr. and Donald F. Gage; Absent: councilmember: suellen c. Rowlison. The Mayor introduced new employee Kevin picanco, Engineer I. The Mayor presented the Employee Award of the Month of september, 1993, to Harold F. Lawrence, Fire captain. Motion was made by councilwoman Kloecker, seconded by councilwoman Nelson that the following items under the Consent calendar be approved, by the following Roll Call vote: Ayes: councilmembers: K. A. Mike Gilroy, Leonard A. Hale, Paul v. Kloecker, Sara c. Nelson, pete Valdez, Jr. and Donald F. Gage: Absent: councilmember: Suellen c. Rowlison: Minutes of the Regular council Meeting of september 27, 1993; Minutes of the special council Meeting of October 11, 1993; Approved Budget Amendments/Transfers as recommended; Denied Claims of George Torres; Andrew Morales; and Rebecca Shanding as recommended; Minutes of the Regular council Meeting of October 4, 1993; Minutes of the Adjourned special Meeting of october 12, 1993; and Accepted Improvements of Wal-Mart, Inc., project 92-50 as recommended. A request of Int Elect Engineering Incorporated was noted for reconsideration of the september 20, 1993 city council decision to award a contract to MTH Engineers for Electrical Engineering services at christmas Hill park. Mr. Douglas Blessing, President, and sefereno Garcia, vice president, of Int Elect Engineering Inc. addressed the council in regard to their request. Park supervisor Headley explained the staff Report and recommendation. Discussion was had by council on the matter. Motion was made by councilman Gilroy seconded by council- woman Nelson to reconsider the september 20, 1993 council action and reject all bids for Electrical Engineering Services at christmas Hill park. Ayes: councilmembers: Gilroy, Hale, Nelson and valdez; Noes: councilmembers: Kloecker and Gage; Absent: councilmember: Rowlison. ",' . '1 '\ ~, , 't Res.93-59 Forest st. Assmt. Dist. Pub.Hear. Ord. 93-21 Hearing re: Youth Center Motion was made by Councilwoman Nelson seconded by Council- man Hale that the reading of Resolution No. 93-59 be waived and that it be adopted continuing the Public Hearing to consider formation of an assessment district re: Forest street, located north of Leavesley Road to November 15, 1993, requested by the property owners within the proposed district. RESOLUTION NO. 93 - 59 RESOLUTION CONTINUING HEARING AND CONSIDERATION OF ALL MATTERS NORTH FOREST STREET ASSESSMENT DISTRICT - CITY OF GILROY. PASSED AND ADOPTED this 25th day of October, 1993, by the following vote: AYES: COUNCILMEMBERS: RE; NOES: ABSENT: GILROY, HALE, and GAGE None ROWLISON KLOECKER, NELSON, VALDEZ COUNCILMEMBERS: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled for the Public Hearing to consider adoption of an ordinance regulating industrial users and setting uniform requirements for discharge into the Wastewater Collection and Treatment system, introduced October 4, 1993 and published by title and summary. The Mayor asked if to speak on the proposed anyone in the audience. there was anyone in the audience wishing ordinance. There was no comment from The Mayor closed the Public Hearing. Motion was made by Councilman Kloecker seconded by Councilman Hale that the reading of ordinance No. 93-21 be waived and that it be adopted, adopting south County Regional Wastewater Authority Ordinance No. 93-1 by reference. ORDINANCE NO. 93 - 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING AN ORDINANCE OF THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY REGULATING INDUSTRIAL USERS AND SETTING UNIFORM REQUIREMENTS FOR DISCHARGE INTO THE WASTEWATER COLLECTION AND TREATMENT SYSTEM AND AMENDING SECTIONS 19.1 AND 19.96 AND REPEALING SECTIONS 19.97, 19.98, 19.101, 19.105, 19.109 AND 19.113 OF THE GILROY MUNICIPAL CODE. PASSED AND ADOPTED this 25th day of October, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, HALE, and GAGE None ROWLISON KLOECKER, NELSON, VALDEZ COUNCILMEMBERS: COUNCILMEMBER: The Mayor stated that it was the time and place scheduled for a Hearing to consider an appeal of Karen & George Rosas on the decision of the Planning commission regarding reaffirming the Planning Director's determination of an appropriate use in a Com- mercial Industrial (CM) District, for a possible Youth Center to be located at the northeast corner of Railroad and sixth Streets. The staff Report was noted and further explained by Planning Director Dorn. Letters of appeal from Karen & George Rosas, 7340 Alexander Street and from Law Offices of House, House & Perkins for Jacqueline Anderson were noted. The Mayor asked if the appellants wished to speak on the matter. Karen Rosas, Appellant, addressed the council, explaining her reasons in objecting to the Youth Center at the proposed site. John perkins, representing his client James addressed the Council and submitted documents to Council explaining reasons why they believe a youth center to be inappropriate at the proposed location. ,y Assistant Fire chief Ledesma noted that testing completed at the proposed youth center site indicated toxic and hazardous materials were not present. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed Youth center. Matthew Drummond, 7500 chestnut street, addressed the Council in support of the efforts to suppress gangs and agreed with the proposed Youth Center. Malcolm McPhail, Eagle Way, addressed the Council in favor of the proposed Youth Center. Miguel Paredes, 7781 church street, addressed the council noting his support of a Youth center, but believes the proposed location is skeptical. George Rosas, 7340 Alexander street, Appellant, addressed the Council noting that he is not opposed to a Youth center in the community but not at the proposed site. He noted the need for additional law enforcement at the proposed site neighborhood and requested the drug dealing be stopped before locating a Youth center at said location. He suggested that funds be used for existing youth programs. Manly Louis, carmel street, addressed the council and noted that a Youth center and police officers are not answers to problems; that youth centers create problems; a temporary solution and not a cure. (At 9:00 p.m. the Mayor declared a recess and reconvened the meeting at 9:06 p.m.) Antonio Avalos, 4999 Bolsa Road, addressed the council in favor of the Youth Center for a safe place for the youth. Frank Gomez, county Deputy Probation Officers, addressed the council noting that he has assisted in Youth centers in the cities of Santa Clara and Milpitas, and supports the concept of the development of a Youth Center in Gilroy, noting his association with Youth centers has been a very positive experience. Ruben Trujillo, 7429 Alexander street, addressed the council and noted that he is not against a Youth Center in Gilroy but concerned with the proposed site for this center, requesting the city seek another site for the Center as he is concerned with the PCB and asbestos levels at the proposed site. Lettie Gutierrez camarena, addressed the council and noted that she is opposed to the proposed Youth Center for the residents in that vicinity. Sera Rivas, addressed the council and agreed that Gilroy needs a Youth center but is concerned with the environmental effects of the hazardous materials at the P.G. & E. site. Helen Trujillo, 7429 Alexander Street, addressed the council and noted that animals in the vicinity of the proposed Youth Center site have been ill and believes this is a result of the hazardous materials at the site. Jennie vasquez, 8501 Gaunt Avenue, addressed the council in favor of a Youth Center at wheeler Auditorium requesting that more tutoring and computer assistance be provided with the proposed center as opposed to 100% sports activities. Sueanne James, 7409 Alexander street, addressed the council and noted that she is not opposed to the concept of a youth center but to the proposed location, noting that there are other available vacant buildings throughout the city. ~' :r; ,~ Res.93-60 old city Hall Traffic Impact Fee connie Avala, 7330 Alexander street, addressed the council and noted that she is in favor of a Youth center for Gilroy but not on their block. 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. The Mayor closed the Hearing. The city Attorney noted that the issue at this time is regarding the interpretation by the Planning Director as to whether a youth center meets the definition as a community center and whether the council wishes to reaffirm the decision of the Planning commission recommendation to uphold the Planning Director's decision in the matter. Discussion was had by council on the matter. Motion was made by councilwoman Nelson to require youth centers to have a conditional use permit. Discussion was had and Councilwoman Nelson withdrew her motion. Motion was made by councilman Kloecker seconded by council- man Valdez that the reading of Resolution No. 93-60 be waived and that it be adopted approving the recommendation of the Planning commission to accept the Planning Director's interpretation of a youth center as a community center and an appropriate use in a commercial Industrial (CM) zone. RESOLUTION NO. 93 - 60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY UPHOLDING THE PLANNING COMMISSION'S DECISION TO AFFIRM THE PLANNING DIRECTOR'S DETERMINATION OF THE ZONING DESIGNATION FOR A YOUTH CENTER. PASSED AND ADOPTED this 25th day of october, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: HALE, KLOECKER, NELSON, VALDEZ and GAGE GILROY ROWLISON A council committee (councilmembers: Gilroy, Kloecker and valdez) agreed to meet with the residents in the vicinity of the proposed Youth Center to address their concerns and council set November 16, 1993 at 7:00 p.m. as a special council Meeting to discuss and make a decision on the proposed Youth/community Center at the old P.G. & E. site. It was noted that Councilwoman Nelson may be included as part of the council committee and if more than three members were in attendance the meeting would be noticed. city Administrator Baksa presented a Lease option Report of the old city Hall as information, noting that legal matters would be addressed at a later date. councilwoman Nelson requested the lease market rate for restaurants in the downtown area for comparison. councilman Hale requested clarification of the Old city Hall Lease suspension in 1989 following the earthquake. A request for reconsideration of the Traffic Impact Fees for proposed Medical offices was noted and further explained by Plan- ning Director Dorn. Discussion was had by council on the matter. Motion was made by councilwoman Nelson to review the entire process of the traffic impact fees. Motion died for lack of a second. Motion was made by councilwoman Nelson seconded by Councilman Hale and failed to reconsider the traffic impact fees for the proposed medical offices project only. councilmernbers: Gilroy, Kloecker, Valdez and Gage voted "no" on the motion. Motion was made by councilman Kloecker seconded by Councilman Valdez and carried to uphold the Planning Director's Bds . & Coms. Teeter plan l' . ". ~ ~' recommendation on this issue, that the project be in the "high traffic commercial" criteria established in Resolution No. 93-5. councilmembers Hale and Nelson voted "no" on the motion. (At 11:04 p.m. the Mayor declared a five minute recess and reconvened the meeting at 11:06 p.m.) Developers of the proposed medical offices addressed the Council noting that the project needs to be reclassified as an extension of the existing hospital as part of the hospital's support complex or auxiliary facility, noting that their project cannot proceed at the traffic impact fees that the project has been categorized. Motion was made by Councilman Gilroy seconded by councilwoman Nelson and carried that the council vote to accept the Planning Director's recommendation regarding traffic impact fees on the proposed medical offices project be reconsidered. Councilman Kloecker voted "no" on the motion. Motion was made by councilman Gilroy seconded by councilwoman Nelson and carried that the matter of the traffic impact fees for the proposed medical offices adjacent to the hospital be reagendized for the November 1, 1993 regular meeting and staff to provide additional information requested on the matter. councilman Kloecker voted "no" on the motion. city Boards and commission Terms expiring January 1, 1994 including resignation of Jeanne Gage, Parks & Recreation commissioner's unexpired term 1-1-97. council requested attendance records for those commissioners eligible for reappointment. council set November 19, 1993 as the deadline to receive letter applications for appointments to the Building Board of Appeals, Personnel and Parks & Recreation Commissions vacancies. Motion was made by councilwoman Nelson seconded by councilman Hale and carried that action regarding the report on proposed property tax apportionment (Teeter Plan) be continued to the November 1, 1993 regular meeting due to the late hour. 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: correspondence re: 1993 state Budget: Senator Mello re: Funding for Local Libraries; customer service: Parks & Recreation Department Inter-Office Memo of Appreciation; police Department Inter-Office Memorandum of commendations to Jerry Harvey, Dispatch supervisor and steve Becerra, corporal; Parks & Recreation Department In Appreciation of Gavilan college Associated student Body; Live Oak Adult Day services In Appreciation; city'S Response In Appreciation of CADRE presentation; Inter-Departmental Memorandum re: Assistance with city Auction; Fire Department Inter-Departmental Memorandum re: Assistance in Red Ribbon-Red suspenders safety Faire; 1 :; } -,j Plan.Com. 10-7-93 Proclamations Issued by Mayor Gage: "Gilroy is Great Month" - october, 1993; Arts and Humanities Month - october, 1993; Invitation from united Veterans' council of Santa clara county, Inc. parade, Veterans' Day, November 11, 1993 - 11:00 a.m. Patriotic Ceremony - 12:00 noon parade, 5th & E. Santa Clara Streets, San Jose, CA.; USA OWner/USA Made In Appreciation of Resolution 93-46 Adopted for Try American Day; Minutes of the Housing Task Force committee Meeting of August 25, 1993; city's Response to Gilroy Urban Service Area Requests before LAFCO october 13, 1993; American Red Cross, Santa Clara valley Chapter re: community Agency Disaster Relief Effort Program (CADRE); 1993 Brown Act Amendments; commendations Issued by Mayor Gage: Herman Garcia; Morales Family re: La Familia Award; San Jose Mercury News Article re: city'S Annexation Requests; city of Los Angeles in support of proposition 172 (LOcal public safety Protection and Improvement Act of 1993) on the November 2, 1993 statewide Ballot; Mrs. Beverly J. Melvin, 940 sunrise Drive, Gilroy In Appreciation of city services; League of California cities Legislative Bulletin #33-1993; Kathleen S. Tatro re: city'S Recent Action concerning certification of Cable TV Franchise; Santa clara county General plan Review Advisory committee Meeting Agenda, october 28, 1993; Registrar of Voters re: New voting system; and Karen Warren re: Falcon Cable. The Report of the Planning commission Meeting of october 7, 1993 was noted. The recommendation to approve A/S 93-10 planned Unit Development (PUD) Approval on property Zoned C3-PUD (Shopping Center commercial) planned Unit Development for the Development of a commercial Shopping Center to be located at the southeast Corner of Wren Avenue and First street, Smith's Food & Drug Center, Inc. and the Glen Lorna Group, Applicants was noted. (councilman Hale noted that he would not take part in the discussion nor action on the matter due to a conflict of interest. ) Planning Director Dorn further explained the staff Report. The petition in opposition to the proposal was submitted to each Council Member. The following addressed the Council regarding the A/S 93-10 project: Bill Knack, opposed the development of Smith's Stores in the city and gave a slide demonstration regarding development of Smith's Stores in southern california noting local businesses in said area closed because of smith's Stores. A/S 93-13 Pers.Com. 10-11-93 Job Titles , , Barry Luberishi, 921-11th st., Sacramento representing the Building & Industry Trade opposed to smith's, requesting council table approval of their project for further study and impacts smith's will have in Gilroy. Ron Henry, Real Estate representing smith's to answer questions regarding their proposed development. Harold Laudy, Plumbing & steam Fitters union, in opposition to smith's. John Neece, Counsel for Building Construction Trades, in opposition to smith's. Discussion was had on the matter by Council. council agreed that the legal aspects of the matter need to be reviewed and opinion from the chamber of Commerce needs to be received prior to council taking action on the matter. Motion was made by Councilman Gilroy seconded by council- woman Nelson and carried that decision regarding A/S 93-10 project be tabled to the November 15, 1993 regular council Meeting for action at that time. Councilman Valdez requested an inventory of the businesses on First street and suggested council establish a policy of the businesses proposed for the west side of the city. Councilman Hale returned and took his seat at the council table. The recommendation to approve A/S 93-13 planned Unit Development (PUD) approval on property Zoned PF-PUD (Public Facility) planned Unit Development, for the construction of a medical office building on an existing hospital campus located a 9360 No Name Uno, between cohansey Avenue and Las Animas Avenue, South valley Medical Building, Ltd., Applicant was noted. The staff Report was noted and further explained by Planning Director Dorn. Motion was made by Councilwoman Nelson seconded by councilman Kloecker and carried to Approve the Negative Declaration as completed in compliance with CEQA, as reflecting the independent judgement of the city. Motion was made by councilwoman Nelson seconded by councilman Kloecker that the reading of Resolution No. 93-61 Approving A/S 93-13 be waived and that it be adopted. RESOLUTION NO. 93 - 61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 93-13, PLANNED UNIT DEVELOPMENT (PUD) APPROVAL ON PROPERTY ZONED PE-PUD (PUBLIC FACILITY) PLANNED UNIT DEVELOPMENT, FOR THE CONSTRUCTION OF A MEDICAL OFFICE BUILDING ON AN EXISTING HOSPITAL CAMPUS LOCATED AT 9360 NO NAME UNO, BETWEEN COHANSEY AVENUE AND LAS ANIMAS AVENUE, AFFECTING APN 835-05-027. PASSED AND ADOPTED this 25th day of October, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, and GAGE None ROWLISON KLOECKER, NELSON, VALDEZ NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: The Report of the Personnel commission Meeting of October 11, 1993 was noted. Motion was made by councilman Kloecker seconded by councilman Valdez and carried to approve the change of Job Title from Building Department to Fire Department - Building and Life safety Division as recommended. (' ".i<IU.l 1_). '", J\./ P. & R.Com Adjrnmt. The Minutes of the Parks & Recreation Commission Meeting of september 21, 1993 were noted. The Minutes of the senior Advisory Board Meeting of september 27, 1993 were noted. The Minutes of the Library & Culture commission Meeting of October 12, 1993 were noted. An update on the Water Conservation Program was noted. city Administrator Baksa distributed copies of city council representatives on Advisory Committees and Boards. Council agreed to reagendize discussion of RDO Application deadline to the November 1, 1993 regular meeting. city Administrator Baksa noted a Public Works Informational Meeting on November 17, 1993 at 7:00 p.m. in the Employees' Lounge re: welburn/church corridor study. councilman Kloecker requested that staff investigate the sound wall planned for the design of the weigh station on Highway 101. Discussion was had regarding the background music on channel 34. The Mayor noted the following: Municipal Election Forum, october 26, 1993 - 7:00 p.m., council Chambers, city Hall, 7351 Rosanna street, Gilroy, CA 95020. To be televised. sponsored by AAUW; Municipal Election Forum, october 28, 1993 - 7:00 p.m., council Chambers, city Hall, 7351 Rosanna street, Gilroy, CA 95020. To be televised. sponsored by Gilroy chamber of Commerce; Gilroy city council study sessions, November 8, 1993, December 13, 1993, - 7:00 p.m., Employees' Lounge, city Hall, 7351 Rosanna street, Gilroy, CA 95020 re: strategic planning; Leadership Forum, November 18, 1993 - 7:30 a.m. to 9:00 a.m., Gilroy senior Center Meeting Room, 7371 Hanna street, Gilroy, CA 95020; At 12:44 a.m., Tuesday, october 26, 1993, the Mayor adjourned the meeting. Respectfully submitted, c;6J~amJ;;;'- ,;:4b-=nJ..C.~"" " Cl. ty clerk / '