Minutes 1993/02/16
Invocation
Posting
Agenda
Roll Call
Res.93-4
Emp.Award
Consent
Calendar
Minutes
Budget
Minutes
Claim
Res. 93-4A
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Regular Meeting
February 16, 1993
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Joe Caldwell, First Baptist Church, gave the
Invocation.
The City Clerk noted that the Agenda had been posted on
February 11, 1993 at 8:12 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, 7:06 p.m.;
Police Chief Sumisaki gave an update on the gang incident
of February 13, 1993 and further explained by Assistant Chief of
Police Gardner.
The Mayor presented and read a resolution naming Miller
Avenue crossing adjacent to Christmas Hill Park, in honor of
Anthony C. Silva, retired Councilman, "Silva's Crossing."
Motion was made by Councilwoman Nelson seconded by
Councilman Hale that Resolution No. 93-4 be waived and that it be
adopted naming Miller Avenue Crossing adjacent to Christmas Hill
Park "Silva's Crossing."
RESOLUTION NO. 93 - 4
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY NAMING THE MILLER
AVENUE CROSSING ADJACENT TO CHRISTMAS HILL PARK "SILVA'S
CROSSING" .
PASSED AND ADOPTED this 16th day of February, 1993, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor presented the Employees of the Month Award for
January 1993 to Dan Crumrine, Sergeant, and noted also awarded to
Craig Martin, Police Officer, not present.
Discussion was had regarding Item "E" under the Consent
Calendar re: Project Priorities and correction to Item "C"
Minutes of the February 8, 1993 adjourned regular Council Meeting
to note on Page 3 that Councilwoman Rowlison suggested that
Strategy Research Institute (SRI) be hired again regarding the
Growth Factor.
Motion was made by Councilman Kloecker seconded by Council-
man Gilroy that the following items under the Consent Calendar be
approved, as corrected 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 February 1, 1993;
Approved Budget Amendments/Transfers as recommended;
Minutes of the Adjourned Regular Council Meeting of
February 8, 1993 as corrected;
Denied Claim of Nancy Hartrum as recommended;
Adopted Resolution No. 93-4A Setting Priorities and Pledging
Matching Funds for Projects Eligible for Funding from the Federal
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N.Forest St.
Assmt.Dist.
Hecker Pass
Land Use
Study
Bid re:
Computer
Software
Traffic
Imp. Fees
Res.93-5
Surface Transportation Program and Congestion Mitigation/Air Quality
Program Funds through the Santa Clara County congestion Management
Agency.
RESOLUTION NO. 93 -'fA
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SETTING
PRIORITIES AND PLEDGING MATCHING FUNDS FOR PROJECTS ELIGIBLE FOR
FUNDING FROM THE FEDERAL SURFACE TRANSPORTATION PROGRAM AND
CONGESTION MITIGATION/AIR QUALITY PROGRAM FUNDS THROUGH THE SANTA
CLARA COUNTY CONGESTION MANAGEMENT AGENCY.
PASSED AND ADOPTED this 16th day of February, 1993, by the
following vote:
AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None; and
Approved Agreements with Kishimura & Fortino to fund
preliminary work on proposed North Forest Street Assessment
District as recommended.
City Administrator Baksa presented and recommended approval
of a contract proposal with Crawford, Multari & Starr in the
amount of $12,950.00 for the Hecker Pass Corridor Land Use Study
Motion was made by Councilman Kloecker seconded by Council-
woman Rowlison and carried that the contract proposal of
Crawford, Multari & Starr in the amount of $12,950.00 for the
Hecker Pass Corridor Land Use Study be approved and awarded as
recommended.
City Administrator Baksa presented a recommendation to
award a bid on a proposal for Professional Services - Computer-
ized work Order Software.
Discussion was had on the recommended bid and suggestion to
table award for more information on same.
Motion was made by Councilman K10ecker seconded by Council-
man Valdez that the proposal of J.B. Systems in the amount of
$28,980.90 be awarded and failed by the following Roll Call Vote:
Ayes: Councilmembers: Kloecker, Valdez and Gage; Noes: Council-
members: Gilroy, Hale, Nelson and Rowlison. The item was tabled
for additional information.
The Mayor stated that it was the time and place scheduled
to consider revJ.sJ.on and adjustment of the Traffic Impact Fees of
the City of Gilroy.
The Staff Reports regarding alternatives to existing
Traffic Impact Fees were noted and further explained by Director
of Public Works Allen.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed fees. There was no comment
from anyone in the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Gilroy seconded by Council-
woman Rowlison that the reading of Resolution No. 93-5 be waived
and that it be adopted.
RESOLUTION NO. 93 - 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING
CERTAIN FINDINGS AND REVISING RATES FOR A CITYWIDE TRAFFIC IMPACT
FEE ON ALL DEVELOPMENT PROJECTS WITHIN THE CITY OF GILROY.
PASSED AND ADOPTED this 16th day of February, 1993, by the
following vote:
AYES: COUNCILMEMBERS: GILROY, HALE, ROWLISON and GAGE
NOES: COUNCILMEMBERS: KLOECKER, NELSON and VALDEZ
ABSENT: COUNCILMEMBERS: None
Pub. Hear.
Zon.Ord.
Amend.
Pub. Hear.
Adult Bus.
Regulations
! ~
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider amending Section 18.30 of the
Zoning Ordinance regarding Adult Entertainment Establishments,
(Adult Businesses) Z 92-09.
The City Attorney noted that there were two Public Hearings
scheduled; Zoning Ordinance amendment and Gilroy Municipal Code
amendment proposals.
The Staff Report was noted and further explained by
Planning Director Corn.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
The following addressed the Council:
Eric Smith, El Dorado Drive, requesting that primary,
secondary and significant definitions be reviewed in reference to
Joanne Masokowski's letter representing Protect the Children
Resources Center.
Jim Wilson, Eighth Street, requested Council consider 1000
feet from R1 and Churches.
Rick Mello, Orchard Drive, inquired if ordinances from
other cities meets this City's criteria and requested that adult
businesses only be allowed in an industrial area.
At 9:02 p.m. the Mayor declared a Recess and reconvened the
meeting at 9:10 p.m.
Lael McCormack, Filice Drive, requesting that Adult
Businesses be restricted to locating in the industrial area and
requested that the Police Department speak to this matter.
Assistant Police Chief Gardner noted that he is opposed to
isolating adult businesses.
The Mayor closed the Public Hearing. Council tabled action
to follow the Public Hearing to consider amendments of the city
Code pertaining to Adult Entertainment Establishments.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider adding certain sections to
the Gilroy City Code regulating adult businesses.
The Staff Report was noted and further explained by the
City Attorney.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
The following addressed the Council:
Rick MellO, Orchard Drive, inquired if there was a Sunset
clause in the Ordinance.
Jim Wilson, Eighth street, inquired if there would be a
background check on the owner/operator of adult business
establishments.
The Mayor closed the Public Hearing.
Motion was made by Councilwoman Nelson seconded by
Councilwoman Rowlison and carried that action be tabled on the
proposed ordinances for review of written and oral information
and time to revise the ordinances for introduction at the
February 22, 1993 regular Council Meeting.
Council inquired of the donut sign advertising the Video
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Pub. Hear.
Z 92-08
Pub. Hear.
Z 93-01
Outlet on Leavesley Road. Mr. Doug North noted that they are
working on it.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a prezoning request from County
Agriculture and Highway Commercial to C3 (Shopping Center
Commercial) District on approximately 16.5 acres, and a rezoning
request from Al (Agriculture) District to C3 (Shopping Center
Commercial) District on approximately 1.5 acres, located on the
east side of San Ysidro Avenue, north of Leavesley Road at Arroyo
Circle Interchange, Glen Lorna Corporation applicant, Z 92-08. It
was noted that Council certified the EIR 9~1-92.
The Staff Report was noted and further explained by
Planning Director Dorn.
The following addressed the Council:
Mark Ebner, Project Director of GDDC presented a letter
from Burns Consulting Group. He further requested that future
applications should have in-put from GDDC regarding the EIR and
supported a written agreement with the developers to participate
in working with the downtown in promoting business at both
locations.
Tim Filice, representing the Applicants, noting that they
have voluntarily agreed to participate with GDDC on local
business in both locations.
John Filice, representing the applicants, clarifying the
proposed mitigations regarding number of traffic lanes on
Leaves1ey Road and San Ysidro Avenue.
Joan Lewis, not opposed to an "outlet mall" business but
noted that she is opposed to retail businesses locating in the
proposed area.
Jack Jenny, Third Street, noted that written commitment has
not been received from Glen Lorna on mitigation of First, Tenth
and Downtown.
Ernie Filice, 7631 Filice Dive, not opposed to the project,
but noted that the area was approved as an outlet center and
since the outlet construction other phases do not seem to be that
way and if this continues he believes that there will be a great
economic impact on retail businesses. He requested written
agreement that uses proposed for the area will not impact
existing uses. He noted that he would concur with an outlet
center only and cannot agree if the proposed businesses are in
competition with existing retail businesses.
The Mayor closed the Public Hearing.
Councilwoman Rowlison suggested that future developments
have mitigation measures to protect retail local businesses.
Motion was made by Councilman Gilroy seconded by Council-
woman Nelson and unanimously carried to read the proposed
ordinance by title only and waive further reading of the
ordinance approving Z 92-08.
Motion was made by Councilman Gilroy seconded by
Councilwoman Nelson and carried that the proposed ordinance
approving Z 92-08 with Planned Unit Development added to the
pre zoning and rezoning designation be introduced and published by
title and summary. Councilman Kloecker voted "no" on the motion.
The Mayor declared a Recess at 11:10 p.m. and reconvened
the meeting at 11:15 p.m.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider a rezoning from M1 (Limited
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Industrial) District to C3 (Shopping Center Commercial) District
on approximately 11.472 acres, located on the west side of San
Ysidro Avenue, north of Leavesley Road, and northeast of u.s.
101, Glen Lorna Corporation, applicant, Z 93-01. It was noted
that Council certified the EIR on November 2, 1992.
The Staff Report was noted and further explained by
Planning Director Dorn. He noted that Staff should be directed
to amend the General Plan if Council desire a policy statement
for certain locations of regional type retail stores.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
John Filice, applicant, addressed the Council noting that
he concurs with regional draw for businesses to be located in the
development proposed for rezoning.
The Mayor closed the Public Hearing.
Motion was made by Councilman Gilroy seconded by Council-
woman Nelson and unanimously carried that the ordinance be read
by title only and waived further reading of the ordinance
approving the rezoning of Z 93-01.
Motion was made by Councilman Gilroy seconded by Council-
woman Nelson and carried that the ordinance be introduced
approving the rezoning for Z 93-01 to include C3 Planned Unit
Development to be published by title and summary. Councilman
Kloecker voted "no" on the motion.
Motion was made by Councilman Gilroy seconded by Councilman
Hale and carried that Staff be directed to begin proceedings to
amend the General Plan to designate businesses east of 101 be of
the regional draw type of business and that Council be provided
with an analysis of such an amendment.
Mr. Lee Weider, representing Kimball Small Properties,
addressed the Council regarding GPA 92-01 and inquired if they
could proceed with their proposal for General Services
Commercial. It was noted that they could proceed.
Discussion was had regarding the remaining public hearings
scheduled to another date because of the lateness of the hour.
Motion was made by Councilman K10ecker seconded by
Councilman Valdez to table the remaining scheduled Public
Hearings to the February 22, 1993 Regular meeting.
A substitute motion was made by Councilman Gilroy seconded
by Councilwoman Rowlison to table the remaining scheduled Public
Hearing to the February 22, 1993 Regular Meeting and table the
scheduled Fire Department Report to another date by the following
Roll Call Vote: Ayes: Counci1members: Gilroy, Kloecker, Nelson,
Rowlison and Valdez; Noes: Councilmembers: Hale and Gage: Z 92-06
Hui-Kuang Tsai, applicant; GPA 92-02 DeBell Homes, applicant; GPA
92-03 Edith Huang, applicant; and TM 92-01, The Forest/Tim & John
Filice, applicants.
Motion was made by Councilwoman Nelson seconded by
Councilwoman Rowlison and carried that the Public Hearing on GPA
92-01, Kimball Small Properties, be continued to March 15, 1993
requested by the applicant.
The following informational items were noted with no
separate discussion on same:
Customer Service:
County of Santa Clara Health Department In Appreciation of
Fire Department for Life Saving Actions;
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Plan. Com.
2-4-93
Gang Task
1-27-93
South Valley National Bank In Appreciation;
Glendale Police Department In Appreciation;
Continental precision for Collision Equipment Sales In
Appreciation;
Weston Miles Design In Appreciation;
Mt. Madonna High School In Appreciation;
City of Mountain View In Appreciation;
Gilroy Chamber of Commerce Report on Street Pole
Decoration/Banners - 1992 Holiday Season;
Certificate to Ian Titus for Eagle Scout Award;
Notification of Proposed Ordinance Regulating Abandoned
Shopping Carts;
Proclamations Issued by Mayor Gage: Science Fair Week -
April 19-24, 1993; and Women's History Month - March, 1993.
Noted the Report of the Planning Commission Meeting of
February 4, 1993.
Noted the Minutes of the Gang Task Force Meeting of
January 27, 1993.
City Administrator Baksa gave an update on Water
Conservation Program.
City Administrator Baksa gave an update on Water Supply
Issues, noting the water District would not have information
until after 4-1-93.
City Administrator Baksa requested Council decide whether
the Assistant City Administrator position appointment will be
deferred because of the budget crisis.
Council scheduled Council Study Sessions on every second
Monday of the month at 7:00 p.m. to discuss Strategic Planning
for the next six months. Council requested that these meetings
be televised.
Council scheduled a Council Study Session for March 29,
1993 at 7:00 p.m. for discussion of Revenue Projects and Capital
Improvement Budget to be televised.
Council concurred with the City Attorney's recommendation
to join Amicus in San Diego v. Neumann.
Councilman Kloecker noted that he would attend the
Transportation Agency meeting representing South county.
Councilman Gilroy requested a report from the Police
Department on the 1992 Crime Statistics. City Administrator
Baksa noted that this will be given to Council in March.
Councilman Hale gave a report on the recent meeting in
Cupertino with Governor Wilson.
Councilwoman Nelson suggested that a notice of the Gang
action be televised.
The Mayor noted the following meetings:
Public Information Meeting, February 23, 1993 - 7:00 p.m.,
Gilroy City Hall Council Chambers, 7351 Rosanna Street, Gilroy,
CA 95020 re: Storm Drain utility Issue.
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Adjrnmt.
62'71
Leadership Forum, March 18, 1993 - 7:30 a.m. to 9:00 a.m.,
Gilroy Senior Center Meeting Room, 7371 Hanna Street, Gilroy,
CA.
At 12:14 a.m. Wednesday, February 17, 1993 the Mayor
adjourned the Meeting to the continued Closed Session re:
existing litigation - Doug North, d.b.a. Video Outlet v. City of
Gilroy pre GC Sec. 54956.9 (a) continued from 7:00 p.m. February
16, 1993.
At 12:20 a.m. February 17, 1993 the Mayor reconvened the
meeting and further adjourned.
Respectfully Submitted,
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/ City Clerk ~._- r