Loading...
Minutes 1993/02/16 Invocation Posting Agenda Roll Call Res.93-4 Emp.Award Consent Calendar Minutes Budget Minutes Claim Res. 93-4A _"" ,f! :t.l 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 ~. " " f- .. ~ , \)' 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 ~-; q~~~. J(~j 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 ~ ' 'i,} ~ ~i 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; ~ " ~") ': }~ ,~',~ l. ,_~ 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. r I i 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, ~~~-,/b. czf1;:,,:,c / City Clerk ~._- r