Minutes 1992/09/21
Posting
Agenda
Roll Call
Emp.Award
Consent
Calendar
Minutes
Budget
Claim
Imprvmts.
Res. 92-7li
PERS
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Regular Meeting
September 21, 1992
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the Agenda had been posted on
September 17, 1992 at 8:30 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 presented Al Morales, Supervising Police Officer
with the Employee Award for the month of August, 1992.
Motion was made by Councilman Kloecker seconded by Council-
man Valdez that the following items under the Consent Calendar be
approved, removing Item "C" re: PERS contract Amendment as recom-
mended 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 Council Meeting of September 8,
1992;
Approved Budget Amendments/Transfers as recommended;
Denied Claim of John Motter as recommended; and
Accepted Improvements of Center for Employment Training,
Project 89-17 as recommended.
Motion was made by Councilman Kloecker seconded by Council-
man Gilroy that the reading of Resolution No. 92-7~ be waived and
that it be adopted, of Intention to Amend PERS contract to
provide Section 20862.8 (credit for unused sick leave) for local
police members, including an extension of the funding period to
the year 2011.
RESOLUTION NO. 92-7~
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF INTENTION TO
APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF GILROY.
PASSED AND ADOPTED this 21st day of September, 1992, by the
following vote:
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Bids re:
EIR's
GPA 91-01
& Z 91-07
Pub.Hear.
Z 90-10
Pub.Hear.
GPA 90-05
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Motion was made by Councilman Gilroy seconded by Councilman
Hale and carried by unanimous vote to read the ordinance by title
only and waive further reading of the ordinance.
Motion was made by Councilman Kloecker seconded by
Councilman Hale and carried that the ordinance be introduced and
published by title and summary authorizing an amendment to the
PERS Contract as presented.
City Administrator Baksa presented a recommendation on
approving proposals for consultants for the City'S Environmental
Review Program further explained by Planning Director Dorn.
Discussion was had by Council on the matter.
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison and carried that EMC Planning Group, Inc.,
of Monterey be approved as the primary firm for the City'S
Environmental Review Program and the following firms be approved
as backup firms: David J. Powers & Associates, San Jose; ESA, San
Francisco; and Crawford, Multari & Starr, San Luis Obispo, as
recommended. Councilmembers: Hale and Nelson voted "no" on the
motion.
The Mayor deviated from the regular agenda in order to
accommodate interested persons in the audience.
Motion was made by Councilman Kloecker seconded by Council-
man Gilroy and carried that scheduled Public Hearings for GPA 91-
01 and Z 91-07, located at the southwest corner of Santa Teresa
Boulevard and Hecker Pass Highway, on approximately 12.75 acres,
D.B.O. Development Company, applicant, be continued to March 15,
1993 as requested by the applicant.
The Mayor stated that it was the time and place schedul~d
for a continued Pubic Hearing for Z 90-10, Shapell Industries and
the Glen Loma Group, Applicants, who have requested continuance
to October 5, 1992 to allow Staff and Applicants additional time.
Motion was made by Councilwoman Nelson and not seconded to
continue the Public Hearing to October 5, 1992 to allow Staff and
applicants additional time as requested.
Motion was made by Councilman Kloecker seconded by Council-
man Gilroy and carried to continue the Public Hearing of Z 90-10
to October 5, 1992 to allow Staff and Applicants additional time
as requested and to refer same back to the Planning Commission
for their recommendations on the application. Councilwoman
Nelson voted "no" on the motion.
The Mayor continued with the regular order of the Agenda.
The Mayor stated that it was the time and place scheduled
for a continued Public Hearing to Consider a General Plan
Amendment Request to amend the General Plan Map from Industrial
and Visitor Serving Commercial to General Services Commercial, on
Property located on the east side of San Ysidro Avenue, north of
Leavesley Road and northeast of u.S. Highway 101 on approximately
18 acres, Leavesley Road Associates, applicant, GPA 90-05
(continued from August 17, 1992).
The Staff Report was noted and further explained by Senior
Planner Myer and traffic mitigation measures were explained by
Director of Public Works Allen.
Discussion was had regarding minor changes in the
mitigation monitoring program exhibit.
Pub.Hear.
GPA 90-04
Pub.Hear.
Z 90-12
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The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. John Filice, Jr., addressed the Council representing
the applicants and further explained the proposed project.
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 Public Hearing.
Discussion was had by Council on the proposal.
Motion was made by Councilman Hale seconded by Councilwoman
Nelson and carried that the Final EIR be certified as completed
in compliance with CEQA, as reflecting the independent judgement
of the City, and as reviewed and considered by the City Council.
Councilman Valdez voted "no" on the motion.
Motion was made by Councilwoman Nelson seconded by Council-
man Hale that the reading of Resolution No. 92-75 be waived and
that it be adopted approving the General Plan Amendment (90-05),
adopting a statement of overriding considerations and making CEQA
Findings and adopting mitigation monitoring program with the
corrections stated.
RESOLUTION NO. 92 - 75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
GPA 90-05, AMENDING THE GILROY GENERAL PLAN MAP TO CHANGE THE
DESIGNATION FROM INDUSTRIAL PARK AND VISITOR SERVING COMMERCIAL
TO GENERAL SERVICES COMMERCIAL ON AN APPROXIMATELY 18-ACRE
PROPERTY LOCATED ON THE NORTHEAST CORNER OF SAN YSIDRO AVENUE AND
LEAVESLEY ROAD, AND MAKING FINDINGS UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND ADOPTING A MITIGATION MONITORING
PROGRAM.
PASSED AND ADOPTED this 21st day of September, 1992, by the
following vote:
AYES: COUNCILMEMBERS: GILROY, HALE, NELSON, ROWLISON and GAGE
NOES: COUNCILMEMBERS: KLOECKER and VALDEZ
ABSENT: COUNCILMEMBERS: None
The Mayor stated that it was the time and place scheduled
for a Continued Public Hearing to consider a General Plan Map
Amendment Request, Shapell Industries & Filice Family Estates/
Filice Estate Vineyards, applicants, GPA 90-04 and that the
applicants have requested continuance to October 5, 1992.
Council had no objection to continuing the Public Hearing
of GPA 90-04 to October 5, 1992 as requested.
The Mayor stated that it was the time and place scheduled
for a Continued Public Hearing to consider a rezoning from R3-PUD
(Medium Density Residential) Planned Unit Development District to
R4-PUD (High Density Residential) Planned Unit Development Dis-
trict on approximately 3.93 acres, on property located at the
southeast corner of Welburn and Kern Avenues, Albert Fortino,
applicant, Z 90-12, continued from August 17, 1992.)
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.
Ms. Lori Perez, 909 Welburn Avenue, addressed the Council
and expressed her concerns about the project being located by two
elementary schools and no school crossings have been proposed;
she was opposed to R4 zoning; and was opposed to the design of
the structures not being in concert with the neighborhood.
Mr. Gene Wells, representing the applicant, addressed the
Council further explaining the proposed project.
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GPA 91-03
Pub. Hear.
Compo Fee
Schedule
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 Public Hearing.
Discussion was had by Council on the matter.
Motion was made by Councilwoman Nelson seconded by Council-
man Gilroy and carried to approve the Negative Declaration as
completed in compliance with CEQA, as reflecting the independent
judgement of the City and adopting the Mitigation Monitoring
Program.
Motion was made by Councilwoman Nelson seconded by
Councilman Hale and carried by unanimous vote that the reading of
the proposed ordinance approving the rezoning from R3-PUD to R4-
PUD be waived and read by title only.
Motion was made by Councilwoman Nelson seconded by Council-
woman Rowlison and carried by the following Roll Call Vote to
introduce the ordinance approving the rezoning of Z 90-12 to be
published by title and summary: Ayes: Councilmembers: Gilroy,
Hale, Nelson, Rowlison and Gage; Noes: Councilmembers: Kloecker
and Valdez.
The Mayor deviated from the regular order of the agenda in
order to accommodate interested persons in the audience.
The Mayor noted that this was the time and place scheduled
for Council action on the General Plan Amendment request (GPA 91-
03), of South County Development, on approximately 31 acres from
Industrial and Visitor Serving Commercial to General Services
Commercial, located southeast of State Route 152 and u.S. Highway
101, bordering the frontage road of Brem Lane, noting the EIR was
certified June 1, 1992 and that Council action was continued in
order for Council and Planning Commission to complete Study
Sessions on the Land Use Element of the General Plan and to
decide at that time whether or not a traffic study is in order
for the subject property.
The Staff Report was noted and further explained by Senior
Planner Myer and Planning Director Dorn.
Discussion was had by Council on the matter.
Motion was made by Councilman Hale seconded by Councilwoman
Nelson to direct Staff to prepare a Resolution approving the
General Plan Amendment (GPA 91-03) request and not carried by the
following Roll Call Vote: Ayes: Councilmembers: Hale and Nelson;
Noes: Councilmembers: Gilroy, Kloecker, Rowlison, Valdez and
Gage.
At 9:01 p.m. the Mayor declared a Recess and reconvened the
meeting at 9:07 p.m.
The Mayor noted that he is not opening the Public Hearing
but that the applicant wished to address the Council on the GPA
91-03 matter.
Mr. David Coldoff, representing South County Development,
addressed the Council and requested that Council continue action
on this GPA application to allow staff and the applicant time to
attempt to resolve the question of access to the property.
Motion was made by Councilwoman Nelson seconded by Council-
man Hale that Council action on GPA 91-03 be continued to January
19, 1993 regular Council Meeting as requested by the following
Roll Call Vote: Ayes: Councilmembers: Hale, Nelson, Rowlison and
Gage; Noes: Councilmembers: Gilroy, Kloecker and Valdez.
The Mayor continued with the regular order of the Agenda.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider revisions and adjustments to the
f.:.;' l
Comprehensive Fee Schedule of the City of Gilroy, continued from
August 17, 1992.
It was noted that the revised fee schedule was distributed
to Council on September 8, 1992. Discussion was had on the
matter and further explained by Finance Director Shaw.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the revisions and adjustments. There was
no comment from anyone in the audience. The Mayor closed the
public hearing.
Res.92-76 Motion was made by Councilman Kloecker seconded by Councilman
Hale that the reading of Resolution No. 92-76 be waived and that it be
adopted approving the revised Comprehensive Fee Schedule as presented.
RESOLUTION NO. 92 - 76
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING A
COMPREHENSIVE FEE SCHEDULE REVISING FEES CHARGED BY ALL
DEPARTMENTS OF THE CITY.
PASSED AND ADOPTED this 21st day of September, 1992, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, HALE, KLOECKER, ROWLISON,
VALDEZ and GAGE
COUNCILMEMBER: NELSON
COUNCILMEMBERS: None
Interviews
Set October 20, 1992 at 7:00 p.m. in the Council Chambers
as an Interview Date for Planning Commission Applicants to fill
the unexpired term of Mike Brem.
Dev.Policy
Discussion was had on Development Policies of the City for
Commercial Land Uses East of U.S. 101.
Motion was made by Councilman Hale seconded by Councilman
Kloecker and carried that the Development policies presented be
approved with the addition to No. 1 and No. 2 that these require-
ments not apply for development of five (5) acres or less.
Res. 92-77
A recommendation to approve reorganization proceedings for
Uninhabited Territory to be l~nown as "Sewer Farm No. 8
Reorganization 90-1" was noted.
Motion was made by Councilman Hale seconded by Councilman
Kloecker that the reading of Resolution No. 92-77 be waived and
that it be adopted approving Reorganization of Uninhabited
Territory to be known as "Sewer Farm No. 8 Reorganization 90-1"
of the City of Gilroy, containing 29.383 acres.
RESOLUTION NO. 92 - 77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING
THE REORGANIZATION OF APPROXIMATELY 29.4 ACRES OF LAND AT THE
NORTHEAST CORNER OF THE EXISTING SEWER TREATMENT FACILITY, FOR
ANNEXATION TO THE CITY OF GILROY AND DETACHMENT FROM THE SOUTH
SANTA CLARA COUNTY FIRE DISTRICT (A90-01).
PASSED AND ADOPTED this 21st day of September, 1992, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
None
None
AAUW
Forum
A request of the American Association of University Women
to cablecast an election forum for the Gilroy Unified School
District Bond Election was noted and further explained by City
Administrator Baksa recommending that the request be denied as it
is not in accord with the City'S Cablecasting Policy.
Ms. Penny Lockhart, representing AAUW, addressed the
Council noting that they would be willing to co-sponsor the event
with the City if necessary and would be willing to pay for any
costs incurred.
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Gang Task
Force
Council took no action on the request and referred the
matter to the City Attorney for a legal opinion on the matter and
continued their action to the September 28, 1992 regular Council
Meeting.
The following informational items were noted with no
separate discussion on same:
Customer Service:
California Association of State Investigators (ABC) In
Appreciation;
South County Realtors Association In Appreciation;
Mrs. M. A. Anderson In Appreciation;
Rod Kelley School In Appreciation;
Inter-Office Memo in Appreciation re: Recreation Software
Assistance;
Proclamations Issued by Mayor Gage: Disability Awareness
Month - October 1992 and Rideshare Week - September 14-18, 1992;
Federal Emergency Management Agency (FEMA) re: Old City
Hall Funding;
Update on Dates of Completion for Three Commercial General
Plan Amendment Applications East of U.S. lOl;
City's Response for Veto Request of SB 347 (Presley);
Public Liability Immunity in Vehicle Pursuits;
Visitors' Bureau Advisory Council Minutes of the August 6,
1992 Meeting and August, 1992 Financial Statement; and
City's Response for Veto Request of SB 1559
(McCorquodale).
The Minutes of the Gang Task Force Meeting of September 9,
1992 were noted.
City Administrator Baksa noted no update on the Water
Conservation Program.
Discussion was had regarding Council annual Retreat.
Council requested that the matter be reagendized.
City Administrator Baksa noted and distributed Trip
Reduction Control Measures and noted meetings scheduled on
October 19, 1992 and a Seminar October 14, 1992 in Oakland,
noting that a Staff member will be attending these meetings and
seminar. He requested that Councilmembers interested in
attending to contact him. Councilwoman Nelson noted that she
might be interested in attending the Seminar on October 14, 1992.
City Administrator Baksa noted finalization of the Budget
is dependent upon the League of California Cities information on
the status of results of the Governor's actions regarding the
Booking Fees.
The City Attorney reported on the status of SB 797 (Morgan)
re: San Francisco Bay Area Regional Growth Management. Council-
man Hale noted that Friday they are going to vote to reinstate
the Bill.
The City Attorney recommended that the City join Amicus
Brief in Barner v City of Novato re: Fair Labor Standards Act.
Council had no objections to same.
The Mayor noted the South County Regional Wastewater
Authority Meeting September 22, 1992 at 7:30 a.m. in the Gilroy
Council Chambers.
Adjrnmt.
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Councilman Gilroy reported on the Parade held in Gilroy
September 19, 1992 and the Theatre Under the Stars on Fifth &
Eigleberry Streets.
Councilman Hale noted the Santa Clara County Cities
Association will continue to oppose Regional Government process
and that the small cities will be forming a coalition and discuss
same at their January 21, 199 Meeting. He also noted that he
would not be able to attend the september 24, 1992 Santa Clara
County Cities Association Meeting in Los Gatos. He further noted
that the Tanner Committee is seeking applications for a Hazardous
Waste Committee and County Drug and Alcohol Committee. He
further noted that SB 161 regarding limit line protection failed.
The following meetings were noted:
Gilroy City Council Study Session, September 29, 1992 -
7:00 p.m., Council Chambers, re: Continued discussion of Storm
Drain Utility/Curb-Gutter Issue;
League of California Cities 94th Annual Conference, October
9-13, 1992, Los Angeles; and
City of Gilroy Leadership Forum, Gilroy Senior Center
Meeting Room, 7371 Hanna Street, 7:30 a.m. to 9:00 a.m., November
19, 1992. Topic to be announced.
At 10:30 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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