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Minutes 1993/03/15 Posting Agenda Roll Call Emp.Award Award Consent Calendar Regular Meeting March 15, 1993 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The City Clerk noted that the Agenda had been posted on March 11, 1993 at 12:20 p.m. Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. K1oecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez Jr. and Donald F. Gage, 7:04 p.m. The Mayor presented Jose Muniz, Maintenance I (Streets & Sewer Division) Public Works Department with the Employee of the Month of February 1993 Award and Poem (Author-Chuck Myer). The Mayor presented Gayle Glines, Recreation Services Manager with the California Parks & Recreation Society Achievement Award. Motion was made by Councilwoman Gilroy seconded by Council- man Hale that the following items under the Consent Calendar be approved, by the following Roll Call Vote: (Removing from Item F- Budget Amendments - "Renz/Butcher Park") and (Removing Item G- Development Agreement to vote upon separately as Councilman Kloecker noted a conflict of interest.) Ayes: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage: :o;.;.Q!Ii-',; ""' <~' f;> _4i.e::~!'~:~:;:' ~_ :'"'?-.:.. , , '<.' ~ ., t~~.. pc.." Minutes Minutes Ord.93-7 Ord.93-8 Budget Surplus Equip. Dev.Agree lOOF Bid re: Eng. Servo Bids re: Tree Pruning Pub. Hear. GPA 92-01 Minutes of the Regular Council Meeting of February 26, 1993; and Minutes of the Regular Council Meeting of March 1, 1993; Adopted Ordinance No. 93-7 Regulating Adult Businesses and Repealing and Replacing Certain Sections of the Gilroy Zoning Ordinance (noting revised table on Page 4); ORDINANCE NO. 93 - 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REGULATING ADULT BUSINESSES AND REPEALING AND REPLACING CERTAIN SECTIONS OF THE GILROY ZONING ORDINANCE. PASSED AND ADOPTED this 15th day of March, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Adopted Ordinance No. 93-8 Adding Certain Sections to the Gilroy City Code Regulating Adult Businesses; ORDINANCE NO. 93 - 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING CERTAIN SECTIONS TO THE GILROY CITY CODE REGULATING ADULT BU~INESSES. AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None Approved Budget Amendments/Transfers as recommended (removing Renz/Butcher Park Amendments); and Authorized the sale of the surplus water tank from City well #3 as recommended. Approved Development Agreement, Project 93-07, Odd Fellow- Rebekah Children's Home of California as recommended by the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Hale, Nelson, Rowlison, Valdez and Gage; Absent: Councilmember: Kloecker. City Administrator Baksa presented a recommendation to approve proposals for Professional Consultant Engineering Services for City Projects further explained by City Engineer Smelser. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that the proposal for Professional Consultant Engineering Services for City Projects be approved as recommended. Councilwoman Nelson voted "no" on the motion. City Administrator Baksa presented and explained a recommendation to approve the bid of Davey Tree in the amount of $15,096.00 for the City Tree pruning Project. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that Davey Tree be awarded the bid for the City Tree Pruning Project in the amount of $15,096.00 as recommended. The Mayor stated that it was the time and place scheduled for the continued Public Hearing to consider a General Plan Amendment request to amend the General Plan Map from General Industrial to General Services Commercial, on approximately 125 acres, located north of Pacheco Pass Highway and east of U.S. 101, Kimball Small Properties, Applicant, GPA 92-01. l- The Staff Report was noted and further explained by Senior Planner Myer to include minor omissions re: Alternate Band sentence removal on Page 7 re: Traffic Impacts, on the advice of the City Attorney. Councilman Valdez requested that the proper name of Eastside Boulevard be removed noting that the official name would be selected and recommended by the Street Naming Committee at a later date. Council had no objection to same. Council also agreed to change Mitigation Measure #20 at the suggestion of Councilman Gilroy, requiring to develop a project implementation program "including a risk assessment study" and to correct same in the table (check list). The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Lee weider, representing the property owner, addressed the Council noting concurrence with the Planning Commission's recommendation and mitigation measures and explained their proposed plans to proceed with the project. Ms. Vickie Moore, representing Greenbelt Alliance, addressed the Council objecting to the EIR and requested Council take steps to preserve agriculture and farm lands and mitigate the impact. Mr. Bob Cates, Vice President of Gilroy Foods, addressed the Council noting concern that the project may have on encroach- ment and traffic, specifically requesting the City support them and not require additional mitigations to eliminate the aroma produced from their products which may be offensive to new tenants in the project. Mr. Don Longrin, Engineering Manager of Gilroy Foods, addressed the Council requesting that the traffic system be adequately designed to avoid traffic congestion for the business operations of Gilroy Foods, WTI and the Gentry Plant. Mr. Don wolfe, Building Industry Association, addressed the Council opposed to mitigation fees that may be imposed regarding preservation of agriculture and farm lands. Mr. David Caldoff, AlA - Consultant for South County Development, addressed the Council noting that there is no indication in the Rincon Plaza EIR when Brem Lane is to be closed, who will pay for it and what access will be used during these events. He noted that clarification and commitment to allow access to their property is important. Mr. Steve ward, Vice President of the Hazardous waste Facility at 731 Renz Lane, addressed the Council and noted his concern for the general public and that he is not in agreement with the mitigation measures and the impact the project would have on future expansion of their facility. He noted that his primary concern is that the mitigation measures have not been quantified. He further requested that he be allowed to participate in monitoring of the mitigation measures if the project is approved. (At 9:05 p.m. the Mayor declared a recess and reconvened the meeting at 9:11 p.m.) The Mayor asked if there was anyone further in the audience wishing to speak on the proposal. There was no further comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried to certify the EIR as amended and that same has been reviewed and considered by the City Council, has been completed in compliance with CEQA and reflects the independent judgement of the City. Councilwoman Rowlison noted that she would like to preserve ,,~ "" "~ <.J' t; 4~_ ~'l Res.93-12 Pub. Hear. GPA 91-01 Z 91-07 the farm lands and suggested that Council determine an agricul- ture line to maintain and preserve. It was suggested that this be discussed at the Council's strategic planning study sessions. Councilwoman Nelson noted that it is not appropriate to add another fee to preserve agriculture and farm lands. Motion was made by Councilman Kloecker seconded by Council- man Hale and carried that the Plan for Services for GPA 92-01 be adopted as presented. Motion was made by Councilman Kloecker seconded by Council- man Valdez that the reading of Resolution No. 93-12 be waived and that it be adopted as amended to change Eastside Boulevard type to lower case for future naming, approving the General Plan Amendment (GPA 92-01) and adopting a statement of overriding considerations and making specific findings under CEQA and adopting a Mitigation/Monitoring Program. Councilwoman Rowlison voted "no" on the motion. RESOLUTION NO. 93 - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GPA 92-01, AMENDING THE GENERAL PLAN MAP TO CHANGE THE DESIGNATION FROM GENERAL INDUSTRIAL TO GENERAL SERVICES COMMERCIAL ON APPROXIMATELY 125 ACRES LOCATED NORTH OF PACHECO PASS HIGHWAY AND EAST OF U.S. HIGHWAY 101, AMENDING THE TEXT OF GENERAL PLAN POLICY 11-8, AMENDING THE CIRCULATION ELEMENT MAP, MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A STATEMENT OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING PROGRAM. PASSED AND ADOPTED this 15th day of March, 1993 by the'following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBER: COUNCILMEMBERS: GILROY, HALE, and GAGE ROWLISON None KLOECKER, NELSON, VALDEZ The Mayor stated that it was the time and place scheduled for the continued Public Hearing to consider a General Plan Amendment on 12.75 acres from Medium Density Residential to General Services, located at the southwest corner of Highway 152 and Santa Teresa Boulevard, GPA 91-01, DBO Development Company. (Continued from 1-21-92; 2-18-92; 3-16-92; 4-20-92 and 9-21-92.) The Staff Report was noted and further explained by Senior Planner Myer stating that Council action required at this time would be certification of the EIR only as the Hecker Pass Corridor Land Use Study is to be completed prior to action on the General Plan Amendment application. The Mayor asked if there was anyone in the audience wishing to speak for or against the EIR for Project GPA 91-01. Mr. Gary Coates, Consultant for DBO Development Company, addressed the Council noting that they endorse Staff's recommendations and understand that approval of the EIR in no way obligates Council to approve the project. Motion was made by Councilman Kloecker seconded by Council- woman Nelson and carried to certify the final EIR as completed in compliance with CEQA, as reflecting the independent judgement of the city and as reviewed and considered by the City Council. Motion was made by Councilman Kloecker seconded by Council- woman Nelson and carried that the Public Hearing for GPA 91-01 be continued to July 19, 1993 as requested by the applicant. The City Attorney noted that Council is not obligated to continue public hearings indefinitely; that applicants may be required to reapply. Motion was made by Councilman Kloecker seconded by Council- f . 1l ,;, > ~",J* woman Nelson and carried that the scheduled continued Public Hearing for Z 91-07 DBO Development Company be continued to July 19, 1993 as requested by the applicant. Mr. Eugene W. LaRochelle addressed the Council regarding the Homeless in Gilroy, noting that they need shelter when the Armory is closed, requesting that a Task Force be formed to resolve the problem. Councilman Hale noted that Santa Clara County has a Task Force for the Homeless, chaired by Supervisor Ron Gonzales and suggested that Mr. LaRochelle contact Supervisor Gonzales. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Ms. Kathy Silva, addressed the Council objecting to a proposed dairy to be approved by the County of Santa Clara, Board of Supervisors on March 30, 1993 and requested Council oppose the project as she and surrounding neighbors believe the nitrates will pollute the water. Mr. James Martin, 1990 Buena Vista, addressed the Council further explaining the objection to the proposed dairy and requested the City contact the County in opposition to approving the dairy in this area. The Mayor noted that he would send a letter to the Board of Supervisors in opposition to the dairy. Councilwoman Rowlison noted that she has a list of agencies that Mr. Martin could contact in reference to his belief that migrants in the area are illegally housed and the water is being contaminated. The following informational items were noted with no discussion on same: Correspondence re: Regional Government/Governance: California Growth Management Strategy Act of 1993, SB 273 (Senator Marian Bergeson); Correspondence re: 1993 State Budget: League of California Cities re: Crisis, March 2, 1993, #1; League of California Cities re: Statewide Grass Roots Lobbying Strategy; League of California Cities Bulletin, #8 - 1993; Customer Service: 1991-92 Police Officer of the Year, Vern Gardner, Assistant Chief; Catholic Charities Compliments to HCD Grant Coordinator, Em Rojas; Inter-Departmental Memo re: Staff Performance; Memo of Appreciation to Detective Steve Morrow; Eliot School In Appreciation; Catholic Charities In Appreciation of CDBG Funds; City of Mountain View In Appreciation of Support re: Moffett Transfer to NASA; Police Department Employee of the Month of January 1993, Detective Gilbert Gallo; Mr. & Mrs. Carlo J. pedron requesting Annexation of I'" >> ~. l '._,,,, PlanCom. 3-4-93 SCRWA Property Located at the Northeast Corner of Cohansey Avenue and No Name Uno Drive; County of Santa Clara Library's Third Annual Legislative Breakfast, March 27, 1993 - :30 a.m. to 11:00 a.m., Stanford Park Hotel, 100 El Camino Real, Menlo Park. RSVP by March 24th; Mission College re: Fire Department Personnel Recertification; Trails Dedication, April 24, 1993, Orestimba Corral, Henry w. Coe State Park, 9:00 a.m. to 11:30 a.m.; Proclamation Issued by Mayor Gage: Armed Forces Day - May 15, 1993; Preschool Immunization week - April 18-24, 1993; City's Support for Gilroy Healthy Start Collaboratives' Grant; and Request for Increase in the Countywide Solid Waste Planning Fee. Noted the Report of the Planning Commission Meeting of March 4, 1993. Noted the Minutes of the South County Regional wastewater Authority Meetings of November 10, 1992; November 24, 1992; December 8, 1992; December 22, 1992; January 12, 1993; January 26, 1993; and February 9, 1993. Noted Minutes of the Gang Task Force Meeting of February 24, 1993. Noted Gang Task Force In Appreciation of Funding. City Administrator Baksa noted Update on the Water Conservation Program. City Administrator Baksa noted the Report of flood areas in the City. City Administrator Baksa explained and Council concurred with selection of the City Administrator to Participate in the American Leadership Forum. City Administrator Baksa distributed brochures from the Department of Public Works on the drainage issue to be mailed to each residence in the City and vacant land owners. City Administrator Baksa noted distribution of notes taken at the Council's Strategic Planning Study Session. City Administrator Baksa noted City Management Staff Retreat scheduled for March 18th and 19th. The Mayor gave an update on proposed lease of P.G. & E. Building for Gang Task Force purposes, specifically for a Youth Center and noted he would keep the Council informed of the progress and forthcoming activities of the Task Force. He further suggested Council attend one of the Gang Task Force Meetings in the Senior Center, noting they meet on the 2nd and 4th wednesdays of each month at noon. Councilwoman Rowlison noted that she has received calls from property owners in the vicinity of the P.G. & E. Building and suggested that they be notified when the use of the building is determined. Councilman Gilroy thanked Councilmembers for preparing and serving the successful Fund Raising Dinner at the Lord's Table. 1 Adjrnmt. ~: ~ ~:~ /~) i ~'~ Councilman Gilroy noted that the Drug Abuse Council received a neighborhood grant and will be meeting at the Chestnut Street Fire Station on March 22, 1993 ~t 5:00 p.m. to discuss the Rogers Lane Project. Councilman Hale gave an update on the Santa Clara County Cities Association and noted selection of Penny Lave, Los Altos as their representative to LAFCO through November 1993 and Skip Skyru, Milpitas to replace Councilwoman Lave at the expiration of her Council term. He also noted the selection of Jan Smith, Morgan Hill as their representative on the County's Hazardous Materials Advisory Committee. The Mayor noted the following meetings: 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; Public Information Meeting, March 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/Planning Commission Joint 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; Gilroy City Council Study session, April 12, 1993 - 7:00 p.m., City of Gilroy Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, CA 95020 re: Strategic Planning. To be televised; Gilroy City Council Study Session, May 10, 1993 - 7:00 p.m., City of Gilroy Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, CA 95020 re: Strategic Planning. To be televised; Gilroy Planning Commission Retreat, May 15, 1993 - 8:00 a.m. - 5:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, CA 95020. At 10:40 p.m. the Mayor adjourned the meeting. Respectfully submitted 4;;:~!P ~9-"