Minutes 1993/02/22
r
Invocation
Posting
Agenda
Roll Call
Consent
Calendar
Dev.Agree.
Howard Tire
Res.93-6
Bids re:
Software
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62'71
Regular Meeting
February 22, 1993
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Dana Armstrong, Home Missions Church, gave the
Invocation.
The City Clerk noted that the Agenda had been posted on
February 18, 1993 at 9:06 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, 7:01 p.m.
Motion was made by Councilwoman Nelson seconded by Council-
man Kloecker that the following items under the Consent Calendar
be approved, by the following Roll Call Vote: Ayes: Councilmem-
bers: Mike Gilroy, Leonard A. Hale, Paul V. K1oecker, Sara C.
Nelson, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage:
Approved a Development Agreement with Howard Tire, Project
93-03 as recommended; and
Adopted Resolution No. 93-6 establishing a stop sign on the
northwest return of Maple Street at the intersection of Seventh
Street;
RESOLUTION NO. 93 - 6
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A
STOP SIGN AT THE NORTHWEST RETURN OF MAPLE STREET AT THE
INTERSECTION OF SEVENTH STREET.
PASSED AND ADOPTED this 22nd day of February, 1993, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
City Administrator Baksa presented a recommendation to
approve a proposal of JB Systems Inc. in the amount of $28,980.99
for Professional Services - Computerized Work Order Software.
Councilwoman Nelson suggested that the Council consider
6Z 7.R
Pub.Hear.
Z 92-06
Pub. Hear.
GPA 92-02
Res.93-7
more justification of bids until the final outcome of the state
Budget is determined.
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison that the proposal of JB Systems Inc. in the
amount of $28,980.99 be awarded for Professional Services as
recommended. Councilwoman Nelson voted "no" on the motion.
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing to consider a rezoning from R1
(Single Family Residential) District to R3-PUD (Medium Density
Residential) Planned Unit Development District on approximately
2.74 acres, located on the east side of Kern Avenue, between
Ramona way and Tatum Avenue, Hui-Kuang Tsai, applicant, Z 92-06
continued from the February 16, 1993 regular meeting.
The Staff Report was noted and further explained by
Planning Director Dorn.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. Bill Henry, representing the applicant, addressed the
Council noting no objection to the twenty-one conditions.
Mr. Henry also commended Council in officially naming the
crossing at Miller Avenue, adjacent to Christmas Hill Park as
"Silva's Crossing," noting that he was the Director of Public
Works of the City at the time Anthony Silva designed the project.
The Mayor asked if there was anyone further 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
Councilwoman Rowlison and carried that the Negative Declaration
for Z 92-06 be approved as completed in compliance with CEQA, as
reflecting the independent judgement of the City.
Motion was made by Councilwoman Nelson seconded by
Councilwoman Rowlison and unanimously carried to read the
proposed ordinance approving the rezoning of Z 92-06 by title
only and waived further reading of the ordinance.
Motion was made by Councilwoman Nelson seconded by Council-
woman Rowlison and carried that the proposed ordinance be intro-
duced approving the rezoning for Z 92-06 to be published by title
and summary. The City Clerk read the title of the ordinance.
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing to consider a General Plan
Amendment to amend the General Plan Map on approximately 0.814
acres from Medium Density Residential and General Services
Commercial to High Density Residential, located at 8170 Church
Street, south of Howson Street, DeBell Homes, applicant - GPA 92-
02, continued from the February 16, 1993 regular Meeting.
The Staff Report was noted and further explained by Senior
Planner Myer.
The Mayor asked if there was anyone in the audience wishing
to speak on the proposal. There was no comment from anyone in
the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Kloecker seconded by
Councilwoman Nelson and carried that the Negative Declaration for
GPA 92-02 be approved as completed in compliance with CEQA, as
reflecting the independent judgement of the City.
Motion was made by Councilman Kloecker seconded by
Councilman Hale that the reading of Resolution No. 93-7 be waived
and that it be adopted approving GPA 92-02.
Pub. Hear.
GPA 92-03
Res.93-8
Pub. Hear.
6Z73
RESOLUTION NO. 93-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
GPA 92-02, AMENDING THE GENERAL PLAN MAP TO CHANGE THE
DESIGNATION FROM GENERAL SERVICES COMMERCIAL AND MEDIUM DENSITY
RESIDENTIAL TO HIGH DENSITY RESIDENTIAL FOR PROPERTY LOCATED AT
8710 CHURCH STREET, SOUTH OF HOWSON STREET, ON APPROXIMATELY .814
ACRES, APN 790-37-015.
PASSED AND ADOPTED this 22nd day of February, 1993, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
None
None
The Mayor stated that it was the tim~ and place scheduled
for the continued Public Hearing to consider a General Plan
Amendment to amend the General Plan, from Low Density Residential
to Medium Density Residential, on approximately 3.74 acres,
located at the northwest corner of Church Street and Ronan
Avenue, Edith Huang, applicant, GPA 92-03, continued from the
February 16, 1993 Council Meeting.
The Staff Report was noted and further explained by Senior
Planner Myer.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal. There was no comment from
anyone in the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Kloecker seconded by
Councilwoman Nelson and carried that the Negative Declaration for
GPA 92-03 be approved as completed in compliance with CEQA, as
reflecting the independent judgement of the City.
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison that the reading of Resolution No. 93-8 be
waived and that it be adopted approving GPA 92-03.
RESOLUTION NO. 93 - 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
GPA 92-03, AMENDING THE GENERAL PLAN MAP TO CHANGE THE
DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY
RESIDENTIAL ON APPROXIMATELY 3.74 ACRES, FOR PROPERTY LOCATED AT
THE NORTHWEST CORNER OF CHURCH STREET AND RONAN AVENUE, APN'S
790-16-014, 790-16-049.
PASSED AND ADOPTED this 22nd 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 stated that it was the time and place scheduled
for the continued Public Hearing to consider a Tentative Map
request to subdivide parcels totalling 86.1 acres into 15 lots on
property located between Hecker Pass Highway and Mantelli Drive,
west of Rancho Real at the end of Vista Del Sur, The Forest/Tim &
John Filice, applicants, TM 92-01, continued from January 19,
1993 and February 16, 1993 Council Meetings.
The Staff Report was noted and further explained by
Planning Director Dorn. The City Attorney noted a modification
to condition No. 23 of the Staff Report which changes the
language on Page 3 of the Negative Declaration (117).
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. Tim Filice, representing the applicants, addressed the
Council noting that they agree with all of the mitigation
measures and conditions.
eZ71
Res.93-9
Pub. Hear.
HCD
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 Gilroy seconded by Councilman
Hale that the Negative Declaration for TM 92-01 be approved as
completed in compliance with CEQA, as reflecting the independent
judgement of the City and adopting the mitigation monitoring
program.
Motion was made by Councilwoman Nelson seconded by
Councilman Hale that the reading of Resolution No. 93-9 approving
TM 92-01 be waived and that it be adopted.
RESOLUTION NO. 93 - 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
CONDITIONALLY APPROVING APPLICATION TM 92-01 FOR A TENTATIVE
SUBDIVISION MAP FOR A FIFTEEN-LOT RESIDENTIAL HILLSIDE
SUBDIVISION ON APPROXIMATELY 86.1 ACRES, APN'S 783-03-003, -020,
-032 AND -034.
PASSED AND ADOPTED this 22nd 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 stated that it was the time and place scheduled
for the Public Hearing on the City's 19th Year Housing and
Community Development Block Grant (CDBG) Application.
Councilman Kloecker noted that he would not take part in
the discussion nor action due to a conflict of interest.
The Staff Report was noted and further explained by HCD
Grant Coordinator Rojas. Discussion was had by Council on the
matter.
The City Attorney suggested that Council take no action on
distribution of the funding until after the close of the Public
Hearing.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
The following addressed the Council on behalf of their
applications:
Marie Juncker, Executive Director of South County Housing
noting Category C - $40,000.00 to be critical to their
operations;
Maria Provencio, Project Sentinel - $14,080.00;
Jim Purcell, Category E - HOPE - Safety Repairs -
$10,000.00
Cateqorv F - Public Service Orqanizations:
Elizabeth Auton, Emergency Housing consortium for Emergency
Shelter Nights for the Homeless - $10,000.00;
Eleanor Villareal, Odd Fellow Rebekah Children's Home -
Family Care - $2,000.00;
william Schwarz, Outreach Inc., Gilroy Senior Center
Transportation; $4,000.00;
Laura Barrera, Catholic Charities, Homebound Senior
Program/Case Management - $2,000.00;
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Ord.93-4
"
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Marie Junc~e!:', ::::epresenting Live Oak Adult Day Services,
Live Oak Adult Day Care - $3,000.00;
Cindy McCown, Food Bank of Santa Clara County, Operation
Brown Bag - $5,800.00;
Mary Drummond, Friends of the Reading Program, Reading
Program - $5,000.00;
Cathy Hutchinson, The Bridge Counseling Center, Inc., Child
Abuse Treatment - $4,000.00;
Virgie Limones, Catholic Charities, Shared Housing Project
- $5,000.00;
Bill Bowen, South Valley Counseling Center, Inc., South
Valley Counseling Center Expansion - $6,000.00;
Maria Provencio, Project Sentinel, Tenant/landlord
Counseling Program - $14,080.00;
No one present to speak for the application of WORD - with
our Required Disabilities - Gilroy Garlic Pressers Basketball -
$5,500; and
Anne Leninger, Discover Alternatives, 24 Hour Crisis
Counseling Hotline - $7,000.00.
The Mayor closed the Public Hearing. Discussion was had by
Council on the matter.
Motion was made by Councilman Valdez seconded
woman Nelson and carried that the following funding
for the 19th year Housing and Community Development
Category A: Housing Rehabilitation $
(+ carry-over.- $56,000)
Public Works Projects 50,000.00
Special Activities by a Subrecipient-
South County Housing 37,000.00
Relocation-Project Sentinel 7,845.00
Commercial Rehab. Grant-Hope 10,000.00
Sub-Total $134,845.00
Total $190,845.00
Category F: Public Service Organizations:
Total: $39,797.00 as follows:
Emergency Housing Consortium
Odd Fellow Rebekah Children's Home
Outreach Inc.
Catholic Charities
Live Oak Adult Day Services
Food Bank of Santa Clara County
Friends of the Reading Program
The Bridge Counseling Center, Inc.
Catholic Charities
South Valley Counseling Center, Inc.
Project Sentinel
Gilroy Garlic Pressers Basketball
Discover Alternatives
Total:
(
/'
by Council-
be approved
Block Grant:
30,000.00
Category B:
Category C:
'-
Category D:
Category E:
j/ !
6,000.00
2,000.00
2,500.00
2,000.00
2,500.00
4,000.00
2,500.00
3,500.00
2,500.00
5,000.00
4,235.00
-0-
4,062.00
$ 39,797.00
$
It was noted that the ordinance adding Chapter 19A to the
City Code regulating abandoned shopping carts was previously
introduced February 1, 1993 and published by title and summary.
The Staff Report was noted and further explained by Parks &
Recreation Director Connelly. He further reported on the
meetings held with the store owners regarding abandoned shopping
carts.
Motion was made by Councilman Gilroy seconded by Council-
woman Rowlison that the reading of Ordinance No. 93-4 be waived
and that it be adopted adding Chapter 19A to the City Code
regulating abandoned shopping carts.
, ' .
.::;;. '~4 ,~
Res. 93-l0
Adult Bus.
ORDINANCE NO. 93 - 4
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY ADDING CHAPTER
19A TO THE GILROY MUNICIPAL CODE REGULATING ABANDONED SHOPPING
CARTS.
PASSED AND
following
AYES:
ADOPTED this 22nd day of February, 1993, by the
vote:
COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
Motion was made by Councilman Valdez seconded by Councilman
Kloecker that the reading of Resolution No. 93-10 be waived and
that it be adopted approving revisions to the Affordable Housing
Exemption Policy.
RESOLUTION NO. 93 - 10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT
TO SECTION 50.62 OF THE ZONING ORDINANCE ADOPTING AN AFFORDABLE
HOUSING EXEMPTION POLICY.
PASSED AND ADOPTED this 22nd day of February, 1993, by the
following vote:
AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
The Mayor noted the proposal to introduce the ordinances
amending Section 18.30 of the Zoning Ordinance regarding adult
entertainment establishments and adding certain sections to the
Gilroy City Code regulating adult businesses. The City Attorney
reported on revisions to the Ordinance amending Section 18.30 of
the Zoning Ordinance regarding Adult Entertainment Establish-
ments. (Adult Businesses) Z 92-09 and adding certain sections to
the Gilroy City Code regulating adult businesses.
At 9:06 p.m., the Mayor declared a recess and reconvened
the meeting at 9:13 p.m.
Planning Director Dorn explained the proposed areas in the
City to be allowed for Adult Entertainment Businesses and
recommendation of Staff for same.
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. Discussion was had by Council on the matter.
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison and carried that Staff's recommendation for
the areas allowed for Adult Entertainment Businesses be approved
and accepted with elimination of allowing same on First Street.
Motion was made by Councilman Kloecker seconded by
Councilman Gilroy and unanimously carried that the proposed
ordinance amending Section 18.30 of the Zoning Ordinance
regarding Adult Entertainment Establishments be read by title
only and waived further reading of the ordinance. The City Clerk
read the title of the ordinance.
Motion was made by Councilwoman Nelson seconded by
Councilman Gilroy and carried that the proposed ordinance
approving the Zoning Ordinance amendment be introduced and
published by title and summary.
The City Attorney clarified the revisions to the ordinance
adding certain sections to the Gilroy City Code regulating Adult
Businesses.
Motion was made by Councilwoman Nelson seconded by
Councilman Kloecker and unanimously carried that the proposed
P & R.Com.
1-19-93
Pers.Com.
2-8-93
Job Descrp.
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ordinance be read by title only and waived further reading of the
ordinance adding certain sections to the Gilroy City Code
regulating Adult Businesses. The City Clerk read the title of
the ordinance.
Motion was made by Councilwoman Nelson seconded by
Councilman Hale that the proposed ordinance adding certain
sections to the Gilroy City Code regulating Adult Businesses be
introduced and published by title and summary.
Councilwoman Nelson suggested that the Mayor write letters
to the National Family Legal Foundation and Protect the Children
Resource Center thanking them for their assistance in preparation
of the ordinances.
Councilman Kloecker commended the City Attorney and
Planning Director Dorn for all of their work in preparation of
the ordinances.
The Mayor asked if there was anyone in the audience wishing
to speak on any item not on the agenda. There was no comment
from anyone in the audience.
The following informational items were noted with no
separate discussion except as noted:
correspondence re: Regional Government/Governance: None;
Councilman K10ecker noted that Senator Morgan will be
reintroducing new legislative bills regarding Regional
Government;
Correspondence re: 1993 State Budget: League of California
Cities Bulletin, #5 - 1993;
Customer Service: Memorandum of Commendation to Officers
Terasaki, Steve Baty, John Marfia and Dave Marrazzo; and Brownell
School in Appreciation;
Monthly Cash and Investments Report, December 31, 1993;
Proclamations and Certificates Issued by Mayor Gage: Rotary
International Week, February 21-27, 1993; and Certificate of
Service to Officer Steven A. Morrow, Law Officer of the year
1991-1992 Chosen by La Societe des 40 Hommes et 8 Chevauz; and
Gilroy Gang Task Force Application for Funds.
The Minutes of the Parks & Recreation Commission Meeting of
January 19, 1993 were noted.
The Minutes of the Senior Advisory Board Meeting of January
25, 1993 were noted.
The Report of the Personnel Commission Meeting of February
8, 1993 was noted.
Motion was made by Councilman Gilroy seconded by Councilman
Kloecker and carried that the twelve (12) new job descriptions be
approved as recommended.
City Administrator Baksa noted the update on the Water
Conservation Program.
City Administrator Baksa gave an update on recruitment for
the position of Assistant City Administrator. Council agreed
that the actual hiring of an Assistant City Administrator be
tabled until the Budget Study Sessions.
City Administrator Baksa noted that Supervisory Training
classes are being conducted for five weeks.
The Mayor noted the Gang Task Force is sponsoring a meeting
on February 25, 1993 at 7:00 p.m., in the Cafeteria of South
("J. '}.).
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Valley Jr. High School and invited Councilmembers to attend.
Councilman Gilroy reminded Councilmembers of the Lord's
Table 10th Anniversary, March 6, and that they should be there at
4:30 p.m. to cook and serve.
Councilman Kloecker noted that he is the Alternate
Representative for the LTA Group regarding the second phase of
Measure II A" .
The Mayor noted the following meetings:
Public Information Meeting, February 23, 1993 - 7:00 p.m.
City of Gilroy Council Chambers, City Hall, 7351 Rosanna street,
Gilroy, CA 95020 re: Storm Drain Utility Issue. To be televised;
Gilroy City Council Study Session, March 8,
p.m., City of Gilroy Council Chambers, City Hall,
Street, Gilroy, CA 95020 re: Strategic Planning.
televised;
1993 - 7:00
7351 Rosanna
To be
Leadership Forum, March 18, 1993 - 7:30 a.m. to 9:00 a.m.,
Gilroy Senior Center Meeting Room, 7371 Hanna Street, Gilroy, CA
95020 re: Storm Drain Utility Issue; and
Gilroy City Council Study Session, March 29, 1993 - 7:00
p.m., City of Gilroy Council Chambers, City Hall, 7351 Rosanna
Street, Gilroy, CA 95020 re: Revenue Projects and Capital
Improvement Budget. To be televised.
At 10:10 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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City Clerk
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