Minutes 1993/01/19
Invocation
Posting
Agenda
Roll Call
New Emp.
Cert.
Consent
Calendar
Minutes
Budget
Minutes
Imprvmts.
wal-Mart
Equip.
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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
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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
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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.
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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 ~