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Minutes 1993/01/19 Invocation Posting Agenda Roll Call New Emp. Cert. Consent Calendar Minutes Budget Minutes Imprvmts. wal-Mart Equip. .~ ~ Regular Meeting January 19, 1993 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Dr. Joe Caldwell, First Baptist Church, gave the Invocation. The City Clerk noted that the Agenda had been posted on January 14, 1993 at 9:43 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, 7:09 p.m. The Mayor introduced new employees: Kimberly Pestoni, Multi Service Officer and Roberta Kyle, Clerk-Typist I, Planning Dept. The Mayor presented Certificates to craig Merriman, Davinder Sandhu and Jeff Emken; Dusan Equipment Corporation Employees' for their heroic deeds. Mr. & Mrs. Dusan also presented awards from their company to these employees. The Mayor presented the Employee of the Month Award for December, 1992 to Christina Savage, Public Information Technician. Motion was made by Councilman Kloecker seconded by Council- man Hale that the following items under the Consent Calendar be approved, by the following Roll Call Vote: (removing Item "D" re: Wal-Mart Stores, Inc. Development Agreement) Ayes: Councilmem- bers: Gilroy, Hale, Kloecker, Nelson, Rowlison, Valdez and Gage: Minutes of the Regular City Council Meeting of January 4, 1993; Approved Budget Amendments/Transfers as recommended; Minutes of the Special City Council Meeting of January 11, 1993; and Accepted Improvements of Jess Areias, Project 90-47 as recommended. Discussed the Development Agreement with Wal-Mart Stores, Inc. Councilman Kloecker noted that he opposed the incentive agreement with Wal-Mart, Inc. and intended to vote against the Development Agreement as it may relate to the incentive agreement. Motion was made by Councilman Hale seconded by Councilwoman Nelson and carried that the Development Agreement with Wal-Mart Stores, Inc. be approved as presented by the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Hale, Nelson, Rowlison and Gage; Noes: Councilmembers: Kloecker and Valdez. City Administrator Baksa presented and explained a recommendation to approve bids for computer equipment. Motion ( '" ~'t f. jf ," \l....'<-J\.Jl Pub.Hear. Adult Bus. Pub. Hear. Z 92-04 was made by Councilman Valdez seconded by Councilman Kloecker that the bids for computer equipment be awarded as recommended. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider the extension of an interim urgency ordinance continuing the moratorium on establishing new adult use businesses and/or expanding existing adult use businesses for up to ten months and ten days. The City Attorney gave a Staff Report and distributed a proposed schedule for adoption of the ordinance regulating adult uses and repealing and replacing certain sections of the Gilroy Zoning Ordinance and Municipal Code regulating adult uses. 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- woman Rowlison that the reading of Ordinance No. 93-2 be adopted continuing the moratorium on establishing new adult use busi- nesses and/or expanding existing adult use businesses for up to ten months and ten days as presented. ORDINANCE NO. 93 - 2 AN URGENCY INTERIM ORDINANCE OF THE CITY OF GILROY PROHIBITING ANY USES WHICH MAY BE IN CONFLICT WITH CONTEMPLATED REVISIONS TO THE ZONING ORDINANCE AND MUNICIPAL CODES REGARDING ADULT BUSINESS USES. PASSED AND ADOPTED this 19th day of January, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None COUNCILMEMBERS: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a rezoning from Al (Agricul- ture) to R3 (Medium Density Residential) District on approxi- mately 4.96 acres, located on the south side of Farrell Avenue, between Monterey Street and Wren Avenue, Seige & Alyce Kawashima, applicants, Z 92-04. The Staff Report was noted and further explained by the Planning Director. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Arnold Brunetti (Hanna & Brunetti), representing the applicants, addressed the Council noting his presence to answer questions, if any. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by councilman Hale seconded by Councilman Gilroy and carried that the Negative Declaration be approved as completed in compliance with CEQA, as reflecting the independent judgement of the City and adopting Mitigation Monitoring Program including the Planning Commission findings. Motion was made by Councilwoman Nelson seconded by Councilman Kloecker and unanimously carried that the ordinance be read by title only and waive further reading of the ordinance. The City Clerk read the title of the ordinance. Motion was made by Councilwoman Rowlison seconded by Councilwoman Nelson and carried that the ordinance be introduced approving the rezoning of Z 92-04 to be published by title and summary. Pub.Hear. TM 92-01 GPA 91-03 RDO Plan. Com 1-7-93 Housing policy Gang Task Force .tf' all I'''i 1 '~:.~. ~'t 1 The Mayor noted the scheduled Public Hearing on a Tentative Map request, The Forest/Tim & John Filice, applicants, TM 92-01 and request of the applicants to continue the Public Hearing. Motion was made by Councilwoman Nelson seconded by Councilman Hale and carried that the Public Hearing of TM 92-01 be continued to February 16, 1993 as requested by the applicants. The mayor noted Council action scheduled on a General Plan Amendment request (GPA 91-03) South County Development, on approximately 31 acres from Industrial and Visitor Serving Com- mercial to General Services Commercial located southeast of State Rte. 152 and u.S. Hwy. 101, bordering the frontage road of Brem Lane, noting Council action continued from 6-1-92 and 9-21-92 and applicants further request to continue same to May 3, 1993. Motion was made by Councilwoman Nelson seconded by Councilman Hale and carried that Council action on GPA 91-03 be continued to May 3, 1993 as requested by the applicants. Connie Rogers, representing Citizens' for Balanced Growth, addressed the Council requesting an Advisory Measure on the November 1993 Ballot. Carolyn Rizzi, addressed the Council and presented petitions on behalf of Citizens' for Balanced Growth and noted reasons for submitting same. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Miguel Paredes, 7781 Church Street, addressed the Council and noted his total disagreement with the previous two speakers. Discussion was had by Council on the matter. Motion was made by Councilwoman Nelson seconded by Councilman Gilroy and carried that the matter be agendized at a future meeting and directed Staff to allocate sufficient time to discuss same within the next two months. The following informational items were noted with no separate discussion on same: Customer Service: Anonymous Letter In Appreciation of Gilroy Police Dept. Charlotte & Renee Jamieson In Appreciation of Gilroy Police Department Services; Bay Area Council 1992 Poll; Proclamation Issued by Mayor Gage: Vietnamese Community Week - January 17 to 24, 1993; Monthly Cash and Investment Report for November 30, 1992; and Beals Landscape Architecture Project Schedule for Uvas Creek Park Preserve. Noted the Report of the Planning Commission Meeting of January 7, 1993. Noted the recommendation to approve an Affordable Housing Exemption Policy. Discussion was had regarding same. The matter was referred to Staff to include the changes requested by Council. Noted the Minutes of the Gang Task Force Meeting of December 16, 1992. i; ".'" j Pers.Com 1-1-93 Retreat Res.93-3 Adjrnmt. Noted the Minutes of the Personnel Commission Meeting of January 11, 1993. The Mayor introduced Mr. Jim Bowers, facilitator for the Council/Managers' Retreat and the City Administrator distributed the agenda for the Retreat. Discussion was had on same. City Administrator Baksa noted an update on the Water Conservation Program. City Administrator Baksa noted a Sewer Rate Survey as information. City Administrator Baksa distributed the 4th Quarterly Report s . City Administrator Baksa distributed the Calendars of the Wellness Committee to Councilmembers. Councilman Kloecker presented a Resolution supporting Week- end CalTrain Service. Motion was made by Councilman Kloecker seconded by Councilwoman Rowlison that the reading of Resolution No. 93-3 be waived and that it be adopted supporting week-end CalTrain service to include corrections noted by Councilman Kloecker. RESOLUTION NO. 93 - 3 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING WEEK- END AND HOLIDAY CALTRAIN SERVICE. PASSED AND ADOPTED this 19th day of January, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None COUNCILMEMBERS: COUNCILMEMBERS: Councilman Hale noted the Santa Clara County Cities Association General Membership Meeting in Santa Clara on January 21, 1993. Councilwoman Nelson inquired of the wastewater Treatment Plant construction condition during the rain. City Administrator Baksa invited Councilmembers to the South Regional wastewater Authority meeting each second Tuesday of the month in which a tour of the plant is conducted. Councilman Kloecker gave an update on the Bay Area Air Quality Management District New Rule and the Congestion Management Agency model ordinance and City'S request to retain relationship between trip reduction with local businesses. Councilwoman Rowlison noted the Congestion Management Agency Meeting scheduled for February 18, 1993 noting that she would attend same and Councilman Kloecker also noted that he would attend this meeting. Councilwoman Rowlison commended Mayor Gage regarding the progress of the Gang Task Force. At 8:48 p.m. the Mayor adjourned the meeting to a Closed Session re: Existing Litigation - Doug North, d.b.a. Video Outlet v. City of Gilroy, a municipal corporation in accordance with Section 54956.9(a) of the Government Code. At 10:30 p.m. the Mayor reconvened the meeting and further adjourned. ~=2itted' . City Clerk ~