Minutes 1992/10/05
Posting
Agenda
Invocation
Roll Call
New Emp.
Consent
Calendar
1;. :.~; .1. ~'j
Regular Meeting
October 5, 1992
Gilroy, California
The Boy Scout Troop, Pack 770 led the Pledge of Allegiance
to the Flag.
The City Clerk noted that the Agenda had been posted on
October 1, 1992 at 9:00 a.m.
Pastor Lee Neisch, United Methodist Church, gave the
Invocation.
Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul
V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez Jr.
and Donald F. Gage, 7:00 p.m.
The Mayor introduced new employee, Shelly Milliman, Police
Crime Analyst.
Motion was made by Councilman Valdez seconded by Council-
woman Nelson that the following items under the Consent Calendar
be approved, removing Item "c" re: ordinance approving rezoning
of Z 90-12, Albert Fortino, applicant, by the following Roll Call
Vote: Ayes: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V.
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Minutes
Budget
Dev.Agree
Ord.192-15
Equip.
Economic
Dev.Com.
Pub.Hear.
GPA 90-04
Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez, Jr.
and Donald F. Gage;
Minutes of the Regular Council Meeting of September 28,
1992;
Approved Budget Amendments/Transfers as recommended; and
Approved Development Agreement 192-37, John Kado, Farrell
Avenue, as recommended.
Motion was made by Councilwoman Nelson seconded by
Councilman Hale that Ordinance No. 92-15 be adopted approving a
r~zoning application, Z 90-12, Albert Fortino, applicant, from
R3-PUD (Medium Density Residential) Planned Unit Development
District to R4-PUD (High Density Residential) Planned Unit
Development District, 3.93 acres, on property located at the
southeast corner of Welburn and Kern Avenues.
ORDINANCE NO. 92 - 15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING
FROM R3-PUD (MEDIUM DENSITY RESIDENTIAL-PLANNED UNIT DEVELOPMENT
TO R4-PUD (HIGH DENSITY RESIDENTIAL PLANNED UNIT DEVELOPMENT ON
APPROXIMATELY 3.93 ACRES LOCATED AT THE SOUTHEAST CORNER OF
WELBURN AND KERN AVENUES, APN 790-22-071, APPROVING Z 90-12.
PASSED AND ADOPTED this 5th day of October, 1992 by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, HALE, NELSON, ROWLISON and GAGE
COUNCILMEMBERS: KLOECKER and VALDEZ
COUNCILMEMBERS: None
At 7:04 p.m. Finance Director Shaw introduced Martin
Quiroz, Information Systems Coordinator from the Computer
Division who gave the Departmental Report. At 7:43 p.m. the
Mayor reconvened the meeting.
City Administrator Baksa presented a recommendation to
award the bid of Solar Electric in the amount of $13,781.00 for
an electric vehicle for the Police Department.
Motion was made by Councilman Kloecker seconded by
Councilman Hale and carried that the bid of Solar Electric in the
amount of $13,781.00 be awarded for an electric vehicle for the
Police Department as recommended.
The Mayor deviated from the regular agenda in order to
accommodate interested persons in the audience.
Mr. Brad Smith, representing the Gilroy Chamber of Commerce
Economic Development Committee, addressed the Council and pre-
sented and explained the Strategic Plan for Economic Development.
The Mayor continued with the regular order of the agenda.
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing to consider a General Plan
Amendment request to amend the General Plan Map from Rural
Residential to Low Density Residential, on property located west
of Santa Teresa Boulevard, south of Uvas Creek, on approximately
129 acres, Shapell Industries & Filice Family Estates/Filice
Estate Vineyards, applicants, GPA 90-04 (continued from 9-21-92).
The Staff Report was noted and further explained by Senior
Planner Myer, noting the applicant'S request for elimination of
certain mitigation measures.
Discussion was had regarding the proposed changes in the
mitigation measures specifically to add "where feasible at the
discretion of the Director of Public Works." Discussion was had
regarding the grading plans noting that the slopes will be
determined at the time the Tentative Map is presented.
Pub.Hear.
Z 90-10
Pub.Hear.
Traffic
Imp. Fee
c"
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The Mayor asked if there was anyone in the audience wishing
to speak on the matter. There was no comment from anyone in the
audience. The Mayor closed the Public Hearing.
Motion was made by Councilwoman Nelson seconded by Council-
man Kloecker to certify the revised subsequent Environmental
Impact Report as completed in compliance with CEQA, as reflecting
the independent judgement of the City and as reviewed and consi-
dered by the City Council, to include the request for elimination
of mitigation measures noted and include the phrase "where
feasible at the discretion of the Director of Public Works."
Motion was made by Councilwoman Nelson seconded by
Councilman Kloecker and carried to direct Staff to prepare a
resolution approving the General Plan Amendment (GPA 90-04) and
adopting a Statement of Overriding Considerations and Making CEQA
Findings and adopting Mitigation Monitoring Program.
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing to consider a pre zoning from
County Agriculture to Residential Hillside (PH) and Single Family
Residential-Planned Unit Development (R1-PUD), on 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 the Glen Loma Group, applicants,
Z 90-10 (continued from 9-21-92).
The Staff Report and update was noted and further explained
by Senior Planner Myer, noting the Planning Commission's recom-
mendation unanimously approving the rezoning. Director of Public
Works Allen explained the proposed water ta,nks for the project.
Motion was made by Councilman Kloecker seconded by
Councilwoman Nelson and carried that Staff prepare an ordinance
approving the prezoning request (Z 90-10) as recommended.
At 8:57 p.m. the Mayor declared a recess and reconvened the
meeting at 9:09 p.m.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider the establishment of a Traffic
Impact Fee on development projects in the City of Gilroy.
The Staff Report was noted and further explained by City
Administrator Baksa and the City Attorney noting right-of-way
donations in lieu of fees; exemption for certain governmental
projects and fee relief for individual projects. Director of
Public Works Allen noted and explained Section 21.128 and Exhibit
"A" to be modified and changed annually.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mr. John Filice, representing the developers, addressed the
Council noting their review of the study and fees and agreed with
the Traffic Impact Fee concept. He suggested that the specific
project not be a part of the ordinance but included in the
resolution to be updated annually. He further noted that the
commercial fees were in excess of fees charged by other communi-
ties in the area; i.e. $3.00-$3.50 range opposed to the $5.90 per
1000 sq. ft. range.
The Mayor asked if there was anyone further
wishing to speak. There was no further comment.
closed the Public Hearing.
in the audience
The Mayor
Motion was made by Councilwoman Nelson seconded by Council-
man Hale and carried to direct Staff to prepare the ordinance and
resolution with changes suggested by the City Attorney and
removal of Appendix A from the ordinance. Council requested an
update of the fees noted by the Consultant. These documents to
be considered by Council at their October 19, 1992 regular
meeting.
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Budget
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Plan. Com.
10-1-92
City Administrator Baksa presented and explained proposed
budget cuts due to the state's actions.
, I
Discussion was had by Council on the matter. Motion was
made by Councilman Gilroy seconded by Councilwoman Nelson and
carried to authorize the following budgeted items to include
approval of necessary amendments to the 1992-1993 Budget, noting
implementation time: Assistant City Administrator and Gang
Diversion Officer - November 1, 1992; Downtown Funding (Main
Street Program) requesting that this project be reagendized for
goals and objectives to reassess the City'S commitment; Planner
and Corporation Yard Land Acquisition on hold until March or
April 1993; Train Depot Renovation; Personnel Hires and Chamber
Sign Study be tabled to a later date. Councilman Kloecker voted
"no" on the motion.
The Mayor asked if there was anyone in the audience wishing
to speak on any item not on the agenda.
Mr. Jim Blean, 991 Hoesch Way, addressed the Council,
objecting to the City of Gilroy subsidizing the City of Morgan
Hill with no utility tax and the local Fire Department assisting
Morgan Hill under the Mutual Aide Agreement.
Noted the request of Peter Baez for an amendment to the
City Code re: restrictions on keeping animals and fowl in the
City. Council took no action since Mr. Baez was not present to
explain his request.
The following informational items were noted with no
separate discussion on same:
Correspondence re: Regional Government/Governance:
ABAG re: Platform on Growth Management;
Customer Service:
Parks & Recreation re: Summer Concert Series; Gilroy Police
Dept. - Communications Div. re: Equipment; Police
Department Inter-Office Memo In Appreciation;
Gilroy Foods, Inc. Donation;
City of Bellflower re: Smoking Ban;
City'S Response to Proposal to Close Alum Rock Library;
Proclamation Issued by Mayor Gage: Fire Prevention Week -
October 4-10, 1992; and
City'S Response re: Veto Request of SB 1287 (Lockyer);
School Impact Mitigation.
Noted the Report of the Planning Commission Meeting of
October 5, 1992.
Council agreed to scheduling of a Joint Council-Personnel
Commission Study Session in January, 1993.
Council agreed to a Joint Council/school Liaison Committee
Meeting at the District's Meeting Room October 15, 1992 - 5:30
p.m.
City Administrator Baksa noted a brief meeting with
Council's Retreat Committee following the regular meeting.
The City Attorney reported on the Go~ernor's veto of the
Brown Act Bills to be considered by the Legislators this week.
She noted final action on the Bills will be agendized for Council
information.
The Mayor noted the South County Regional Wastewater
Authority Tour scheduled at the Wastewater Facilities October 6,
1992 at 8:00 a.m.
Adjrnmt.
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The Mayor noted the following meetings:
League of California Cities 94th Annual Conference, October
9-13, 1992, Los Angeles;
Gilroy City Council study Session, October 20, 1992 - 7:00
p.m., Council Chambers, re: Interviews for Planning Commission
Applicants;
Gilroy City Council Study Sessions, October 21, 1992 - 7:00
p.m. and October 27, 1992 - 7:00 p.m. re: Residential Development
Ordinance Issues; To be Televised.
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.
Council agreed to continue the scheduled Closed Session re:
City Administrator's evaluation to 6:00 p.m. to 7:00 p.m. on
October 19, 1992 prior to the regular meeting of that date.
Respectfully submitted,
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