Minutes 1993/04/19
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Posting
Agenda
Roll Call
Regular Meeting
April 19, 1993
Gilroy, California
The Mayor Protempore led the Pledge of Allegiance to the
Flag.
Pastor Roger Wisdom, Grace Evangelical Free Church gave the
Invocation.
The City Clerk noted that the Agenda had been posted on
April 15, 1993 at 11:33 a.m.
Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul
V. Kloecker, Sara C. Nelson, Pete Valdez Jr. and Suellen C.
Rowlison; Absent: Councilmember: Donald F. Gage.
Emp.Award
Cert.Serv.
Consent
Calendar
Minutes
Budget
Moratorium
GPA 92-04
Pub.Hear.
USA 92-1
Res.93-17
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The Mayor Protempore presented the Employee Award for the
Month of March 1993 to Melissa Durkin, Planner I.
The Mayor Protempore noted a Certificate of Service for
Retired Parks & Recreation Commissioner, Mary Lou Mazzone, not
present.
Mr. Michael Evanhoe, Executive Director of the Congestion
Management Agency, addressed the Council and gave a presentation
on Transportation Funding Priorities in Santa Clara County.
Mr. will Kempton, Interim Executive Director, addressed the
Council further explaining the funding priorities in Santa Clara
County.
City Engineer Smelser further explained the local road
projects and Guarantee Funding category. Council requested Staff
to prepare a letter on the City's analysis for Council review.
Motion was made by Councilman Hale, seconded by Councilman
Gilroy that the following items under the Consent Calendar be
approved, by the following Roll Call Vote: Ayes: Councilmembers:
Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson,
Pete Valdez, Jr. and Suellen C. Rowlison; Absent: Councilmember:
Donald F. Gage:
Minutes of the Regular Council Meeting of April 5, 1993;
Approved Budget Amendments/Transfers as recommended; and
Affirmed that the purpose and provisions of Urgency
Ordinance No. 93-7 are of no further force or effect (expiration
of moratorium on Adult Businesses).
Motion was made by Councilwoman Nelson seconded by Council-
man Hale and carried that the Public Hearing to consider a General
Plan Map on 16 acres from Low Density Residential to Medium
Density Residential and Local Commercial, located at the southwest
and southeast corner of future Tenth Street and Thomas Road, Bill
Reimal and Don Christopher, Applicants (GPA 92-04) be continued to
May 17, 1993 requested by the applicants, noting that the Planning
Commission continued their hearing to May 6, 1993.
The Mayor Protempore stated that it was the time and place
scheduled for the Public Hearing to consider 1992 Urban Service
Area requests to add to the City's Urban Service Area. (USA 92-1
Kimball Small Properties - 176.68 acres) noting USA 92-2 Thomas J.
Obata & Tom S. Obata - 100 acres continued with the 1993 USA
applications. )
The Staff Report was noted and further explained by Senior
Planner Myer.
The Mayor Protempore 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 Protempore
closed the Public Hearing.
Council inquired if the applicant for USA 92-1 had any
objections to continuing USA 92-2 with the 1993 USA applications.
Mr. Lee weider, representing Kimball Small Properties, addressed
the Council and noted they have no objection to continuing USA
92-2.
Motion was made by Councilman Gilroy seconded by Councilman
Kloecker that the reading of Resolution No. 93-17 be waived and
that it be adopted.
RESOLUTION NO. 93 - 17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING
USA 92-01 AND APPLYING TO THE LOCAL AGENCY FORMATION COMMISSION OF
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Pub.Hear.
weed Abate.
Res.93-18
A/S 92-26
Res.93-19
SANTA CLARA COUNTY FOR CERTAIN MODIFICATIONS TO THE URBAN SERVICE
AREA OF THE CITY OF GILROY, TO INCLUDE APPROXIMATELY 176.68 ACRES
LOCATED NORTH OF PACHECO PASS HIGHWAY AND EAST OF HIGHWAY 101 AND
CONTIGUOUS TO CITY LIMITS.
PASSED AND ADOPTED this 19th day of April, 1993, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, HALE,
and ROWLISON
None
GAGE
KLOECKER, NELSON, VALDEZ
The Mayor Protempore stated that it was the time and place
scheduled for the Public Hearing to confirm the Report and
Assessments on Abatement of weeds and Refuse.
Councilman Valdez noted that he had a conflict of interest
and would not take part in the discussion nor action on the
matter.
The Fire Chief's Report was noted and further explained by
City Administrator Baksa.
The Mayor Protempore 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 Protempore
closed the Public Hearing.
Motion was made by Councilman K10ecker seconded by Council-
woman Nelson that the reading of Resolution No. 93-18 be waived
and that it be adopted confirming the Report of the Fire Chief as
presented.
RESOLUTION NO. 93 - 18
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE
REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE
DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF
ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND
ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT
SUCH COST SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE
OWNERS OF LAND.
PASSED AND ADOPTED this 19th day of April, 1993, by the following
vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON and
ROWLISON
COUNCILMEMBERS: None
COUNCILMEMBERS: VALDEZ and GAGE
NOES:
ABSENT:
A Planned Unit Development for the proposed construction of
a Professional Office and Commercial Center on a 5.2 acre parcel
located at the northeast corner of Santa Teresa Boulevard and
First Street, South Valley National Bank, Applicant (A/S 92-26)
was noted.
The staff Report was noted and further explained by Planner
II Faus, noting a change in mitigation condition #15 deleting the
second sentence within same.
Motion was made by Councilwoman Nelson seconded by Council-
man Kloecker and carried that the Negative Declaration be approved
as completed in compliance with CEQA, as reflecting the indepen-
dent judgement of the City.
Motion was made by Councilwoman Nelson seconded by Council-
man Kloecker that the reading of Resolution No. 93-19 be waived
and that it be adopted approving the Planned Unit Development (A/S
92-26) and adopting a mitigating monitoring program as amended.
RESOLUTION NO. 93 - 19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
A/S 92-26, AN APPLICATION FOR A PLANNED UNIT DEVELOPMENT FOR PHASE
CDBG
Las Animas
Fire Sta.
ABAG
Res.93-20
Res.93-21
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ONE OF A PROFESSIONAL OFFICE AND COMMERCIAL USE COMPLEX, INVOLVING
A BANK AND ADJACENT OFFICE SPACE ON APPROXIMATELY 5.2 ACRES
LOCATED AT THE NORTHEAST CORNER OF SANTA TERESA BOULEVARD.
PASSED AND ADOPTED this 19th day of April, 1993, by the following
vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, VALDEZ
and ROWLISON
COUNCILMEMBERS: None
COUNCILMEMBER: GAGE
NOES:
ABSENT:
Noted the Department of Housing and Urban Development (HUD)
for Community Development Block Grant Program and Notification of
Metropolitan City status further explained by City Administrator
Saksa.
Council requested that action on this matter be tabled to
April 26, 1993 regular meeting when HCD Grant Coordinator Rojas
could be present.
City Administrator Baksa presented a request to accept an
offer of roof replacement for Las Animas Fire Station from Cal-Pac
Roofing further explained by Fire Chief Gillespie.
Motion was made by Councilman Kloecker seconded by Council-
man Hale and carried that Council approves in concept the offer of
roof replacement for Las Animas Fire Station as presented.
Council requested the City offer the old tiles from the roof
to a roofer or recycler that wants the material and removal of
same at no cost to the City.
The Mayor Protempore asked if there was anyone in the
audience wishing to speak on any matter not on the agenda. There
was no comment from anyone in the audience.
A request of Association of Bay Area Governments (ABAG)
General Assembly was noted for adoption of resolutions in opposi-
tion to proposed cuts in local funds by the State Legislature,
further explained by Councilman Kloecker.
Motion was made by Councilman Kloecker seconded by Council-
woman Nelson that the reading of Resolution No. 93-20 be waived
and that it be adopted in opposition to proposed cuts in local
funding.
RESOLUTION NO. 93 - 20
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY IN OPPOSITION TO
PROPOSED CUTS IN LOCAL FUNDS BY THE STATE LEGISLATURE.
PASSED AND ADOPTED this 19th day of April, 1993, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, HALE,
and ROWLISON
None
GAGE
KLOECKER, NELSON, VALDEZ
Motion was made by Councilman Kloecker seconded by Council-
woman Nelson that the reading of Resolution No. 93-21 be waived
and that it be adopted Urging the County to adopt ordinances to
protect current allocations of property taxes.
RESOLUTION NO. 93 - 21
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY URGING THE COJjNTY
OF SANTA CLARA TO ADOPT ORDINANCES TO PROTECT CURRENT ALLOCATIONS
OF PROPERTY TAXES.
PASSED AND ADOPTED this 19th day of April, 1993, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, HALE,
and ROWLISON
None
GAGE
KLOECKER, NELSON, VALDEZ
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Animal
Cont.Serv.
Plan. Com.
4-1-93
ROO
Gang Task
Force
A letter from the County of Santa Clara was noted regarding
their proposal to eliminate animal control services to cities, and
further explained by City Administrator Baksa.
Council requested a letter be drafted for the Mayor's
signature addressing the inequity issue; also noted City to log
all of the reduced and elimination of County services.
The following informational items were noted with no
separate discussion on same:
Correspondence re: 1993 State Budget:
Assemblyman Areias re: Half-Cent Sales Tax Impact;
San Jose Metropolitan Chamber of Commerce, Publication,
Vol.63 14, April 1993;
League of California Cities Red Ink Alert, Publication #5,
April 2, 1993;
Red Ink Alert, Publication #6, April 8, 1993;
Bulletin #12 - April 7, 1993;
Customer Service:
Memo of Congratulations to Officer Steve Morrow;
Eagle Scout In Appreciation;
Smith, Woliver & Behrens In Appreciation;
City'S Appreciation to Scout Troops for Assistance at Arbor
Day Celebration;
Memorandum of Commendations - Gilroy Police Department;
Proclamations Issued by Mayor Gage:
1993;
Soil and Water Stewardship Week - April 25 through May 2,
Earth Day - April 22, 1993;
Youth Service Day - April 20, 1993;
Dedicating The Garlic Center in Takko-machi, Japan (Sister
City. )
League of California Cities, peninsula Division Newsletter,
April 1993;
Councilman James T. Beall, Jr. - City of San Jose re: 1993
state and Federal Legislative Session Index;
Peninsula Rail 2000 re: Gilroy Extension of CalTrain;
Santa Clara County General Plan Review;
Supervisor Diridon's Reply to City re: Water Quality;
Caltrain Citizens' Advisory Committee re: South Santa Clara
County.
The Report of the Planning Commission Meeting of April 1,
1993 was noted.
Council scheduled a Public Hearing for 1992 RDO Applications
for June 7, 1993.
The Minutes of the Gang Task Force Meeting of March 24, 1993
were noted.
SCRWA
Sound Sys.
Qtr.Reports
Old City
Hall
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The Minutes of the South county Regional wastewater
Authority Meeting of March 9, 1993 were noted.
City Administrator Baksa noted an Update on water
Conservation Program.
Discussion was had on water management practices. Motion
was made by Councilman Kloecker seconded by Councilman Valdez and
not carried to direct Staff to prepare an ordinance to include the
five (5) water prohibitions as presented. Councilmembers: Gilroy,
Hale, Nelson, Valdez and Rowlison voted "no" on the motion.
Council agreed that the water prohibitions as presented be
an advisory information education program as the suggested water
prohibitions.
A Sound Enhancement System update was given by Public
Information Technician McCann explaining use of equipment for the
hearing impaired.
City Administrator Baksa distributed the Quarterly Reports.
The Status of Old City Hall was noted and further explained
by Senior Planner Myer who gave an update on FEMA funding.
Councilwoman Nelson noted the lOOF Annual Event that she
attended.
Councilman Hale noted the Santa Clara County General Plan
Committee would be discussing Health and Safety at their next
meeting if Council had input for same.
Councilman Hale noted the Santa Clara Cities Association May
18, 1993 General Membership Meeting to discuss the pay levels of
all cities in the county.
Councilman Hale gave an update on the Cities Association
Legislative Task Force regarding general fund revenue sources of
all the cities and noted that same varies in each city.
Councilman Kloecker requested that Council review AB 398
(Valerie Brown) re: Bay Area Growth Management bill. It was noted
that same is agendized for April 26, 1993. Councilman Kloecker
also requested that the Planning Staff review this legislation.
Councilman Hale requested copies of SB 36 regarding Open
Meetings be obtained for Council.
The following meetings were noted:
League of California Cities General Membership Meeting -
Peninsula Division, April 29, 1993 5:30 p.m.; Sunnyvale Hilton
Hotel;
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;
CalTrans Citizens' Interest Group re: Route 152, May 19,
1993 - 7:00 p.m., City of Gilroy Council Chambers, City Hall, 7351
Rosanna Street, Gilroy, CA 95020;
Leadership Forum, May 20, 1993 - 7:30 a.m. to 9:00 a.m.,
Gilroy Senior Center Meeting Room, 7371 Hanna Street, Gilroy, CA
95020.
Discussion was had by Council regarding future Council Study
Sessions on the Capital Improvement Budget and Budget requesting
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Adjrnmt.
that they not be scheduled for May 19, 1993 to interfere with the
Cal Trans Meeting of that date.
At 9:48 p.m. the Mayor Protempore adjourned 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 9:58 p.m. the Mayor Protempore reconvened the meeting and
further adjourned.
Respectfully submitted,
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