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Minutes 1993/05/03 Invocation Regular Meeting May 3, 1993 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Ltd. Emmanuel Henry John, Salvation Army, gave the Invocation. ~; ;3 ~ ~ ",.) 4 ' ').1 \ .1. 'd ",-.j" ~ Posting Agenda Roll Call Consent Calendar Res.93-23 Budget Res.93-24 PERS Claim Minutes GPA 9l-03 So.Co.Dev. The City Clerk noted that the Agenda had been posted on April 29, 1993 at 9:36 a.m. Present: Councilmembers: Mike Gilroy, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez Jr. and Donald F. Gage; Absent: Councilmember: Leonard A. Hale. 7:00 p.m. Councilman Hale entered following Roll Call and took his seat at the Council table. Motion was made by Councilman Kloecker, seconded by Councilman Valdez 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, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage; Adopted Resolution No. 93-23 Acknowledging the Ohlone/Cos- tanoan Indian Tribes; RESOLUTION NO. 93 - 23 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ACKNOWLEDGING THE OHLONE/COSTANOAN TRIBES. PASSED AND ADOPTED this 3rd day of May, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; NOES: ABSENT: Approved Budget_Amendments/Transfers as recommended; Adopted Resolution No. 93-24 of Intention to Amend the PERS Contract for One Year Final Compensation for local fire members only including an extension of the funding period to the year 2011, and two years additional service credit for local miscellaneous members only. RESOLUTION NO. 93 - 24 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF GILROY. PASSED AND ADOPTED this 3rd day of May, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Approved Certification of Compliance with Government Code Section 20818. Introduced a proposed ordinance amending the PERS Contract as noted in Resolution No. 93-24 to be published by title and summary; Denied Claim of Arthur & Leona S. Pau as recommended; and Approved Minutes of the Regular Council Meeting of April 26, 1993. The Mayor noted Council action continued from June 1, 1992 to Consider a General Plan Amendment request to amend the General Plan from Industrial and Visitor Serving Commercial to General Services Commercial, on property located southeast of State Route 152 and U.S. Highway 101, bordering the frontage road of Brem Lane, on approximately 31 acres, South County Development, Applicant. (GPA 91-03). (Continued from 5-18-92; 6-1-92; 9-21- 92 and 1-19-93 in order to complete Joint Council/Planning Commission Study Session on Land Use Element of the General Plan and to decide whether a Traffic Study is in order.) Res.93-25 ABAG ADA Plan ~ . 't t ~.\) ~ ~ .<~ The Staff Report and update was noted and further explained by Planner II Faus. It was noted that the EIR was certified June 1, 1992. The Mayor noted the Public Hearing was closed but asked if anyone in the audience wished to speak on the proposal. Mr. David Coldoff, representing the applicant, addressed the Council further clarifying their proposal. Mr. Trevis Berry, Jr., adjacent property owner, addressed the Council noting acceptance of the proposed road alignments. Mr. Lee weider, representing Kimball Small Properties, adjacent property owner, addressed the Council concurring with the proposal. Motion was made by Councilwoman Nelson seconded by Council- man Hale that the reading of Resolution No. 93-25 be waived and that it be adopted approving GPA 91-03, adopting a statement of overriding considerations and making CEQA findings and adopting Mitigation Monitoring Program as presented. RESOLUTION NO. 93 - 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING GPA 91-03, AMENDING THE GILROY GENERAL PLAN MAP TO CHANGE THE DESIGNATION FROM VISITOR SERVING COMMERCIAL AND GENERAL INDUSTRIAL TO GENERAL SERVICES COMMERCIAL ON AN APPROXIMATELY 31-ACRE PROPERTY LOCATED SOUTH OF PACHECO PASS HIGHWAY EAST OF US 101. PASSED AND ADOPTED this 3rd day of May, 1993, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None The Mayor deviated from the regular order of the Agenda in order to accommodate interested persons in the audience. Police Chief Sumisaki addressed the Council and gave a review of crime statistics and further explanation heard from Lt. Guisiana, Assistant Chief Gardner, Sgt. Ramirez and Officer Castaneda on efforts of ACT Team (Anti Crime Team) on Gang suppression, Intervention and Prevention. The Mayor continued with the regular order of the Agenda. Discussion was had on a request from ABAG for support of AB 398, A Bay Area Growth Management Bill. Noted comments of Councilwoman Nelson and previous Council action. Discussion was had on recommendations of Councilman Kloecker of AB 398 points of concern for presentation to ABAG and Santa Clara County Cities Association. Motion was made by Councilman Kloecker seconded by Council- man Valdez and carried that the letter prepared by Councilman Kloecker clarifying the City's position on AB 398 be approved to include Council's recommendations discussed. Councilwoman Nelson voted "no" on the motion. Discussion was had on the Americans With Disability Act Self-Evaluation Plan proposed; further explained by Planner I Durkin. Motion was made by Councilwoman Row1ison seconded by Coun- cilman Valdez and carried that the Americans with Disabilities Act Self-Evaluation Plan be adopted as presented. ~ ~;] Gang Task Force SCRWA Councilmembers Gilroy and Valdez requested a copy of the Deficiency Plan and synopsis of the Act if available. The following informational items were noted with no separate discussion except as noted: Correspondence re: 1993 state Budget: City of Alhambra re: Second Appellate District, state Budget Litigation; League of California Cities Red Ink Alert publication, April 23, 1993. '8; Customer Service: Memorandum of Commendation - Police Officers; Monthly Cash & Investments Report, March 31, 1993; Publication re: I.O.O.F. Children's Home Construction Project; Information regarding Water Rates; Santa Clara County Managers' Association Mandate Hit List; (Discussed same.) Minutes of the Gilroy Visitors Bureau March 11, 1993 Meeting including Financial statements. At 9:41 p.m. Councilwoman Rowlison left the Council Chambers. The Minutes of the Gang Task Force Meeting of April 14, 1993 were noted. The Minutes of the South County Regional Wastewater Authority Meeting of March 23, 1993 were noted. City Administrator Baksa noted RDO applications and Planning Commission recommendations for Council Review and Study for the June 7, 1993 Public Hearing before the City Council. Council agreed to not set a Study Session prior to Budget Study Session for Assumptions and Philosophy of the Budget. Concurred to give the City Administrator assumptions and philosophies of future budgets. The City Attorney noted receipt of $2,500 from County of Monterey for Cost of Appeal of the EIR for the wastewater Facilities for Gilroy/Morgan Hill. Councilwoman Nelson noted for Councilwoman Rowlison Armed Forces Day at Moffett Field May 15, 1993. Councilwoman Nelson noted a Meeting scheduled May 7, 1993 at 8:00 p.m. at Forest Park Inn regarding Property Rights Issues and invited Council to attend. Councilwoman Nelson noted a Tourism Luncheon Meeting scheduled for May 4, 1993 that she would be reporting to Council. Councilman Hale noted the Santa Clara County Cities Association Meeting scheduled for May 13, 1993. He requested two reservations for same. Councilman Kloecker gave an update on Measure A funding and projects proposed for Santa Clara County. Councilman Gilroy reported on a Drug Council Meeting scheduled for May 4, 1993 at 5:00 p.m. The Mayor noted the following meetings: Adjrnmt. ~} ~j c , ~ ,; Gilroy City Council Study Session, May 10, 1993 - 7:00 p.m., Senior Center, 7371 Hanna Street. Council cancelled said study session. Santa Clara County Cities Association Meeting, May 13, 1993 - 6:00 p.m., Campbell. RSVP May 10, 1993; Gilroy Planning Commission Retreat, May 15, 1993 - 8:00 a.m. - 5:00 p.m., Gilroy Senior Center, 7371 Hanna Street; CalTrans Citizens' Interest Group re: Route 152, May 19, 1993 - 7:00 p.m., City of Gilroy Council Chambers, City Hall, 7351 Rosanna Street; and Leadership Forum, May 20, 1993 - 7:30 a.m. to 9:00 a.m., Gilroy Senior Center Meeting Room, 7371 Hanna Street, re: Gangs and Gang Task Force. At 9:52 p.m. the Mayor 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 10:10 p.m. the Mayor reconvened the meeting and further adjourned. Respectfully submitted, 4~e~ (p_ed9-