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Minutes 1992/09/21 Posting Agenda Roll Call Emp.Award Consent Calendar Minutes Budget Claim Imprvmts. Res. 92-7li PERS ",. _'.'~._",_>A'"_~"'''''''~'',,'''~'._~~"''"'_''~''''' ~"w"'..~"_'..,~.____._~__",,,",,-..=' .~ C' \ ""~ ( 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: " -~, 1, "';;~ , ~ <... , 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 t. .J!. ,~ , i~ 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. . . , ~ ' ) '!}> '... '\ 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. , ' " "l ,,. II <" ..>." $,., 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. << .:. r~,~ 1,] 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, ~CVkMJ~.cz:{/~