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Minutes 1993/12/20 ~j'llt) Invocation posting Agenda Roll Call Emp.Award Res.93-79 Regular Meeting December 20, 1993 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Fred Edin, South valley community Church gave the Invocation. The city Clerk noted that the Agenda had been posted on December 16, 1993 at 9:00 a.m. Present: councilmembers: K. A. Mike Gilroy, Paul V. Kloecker, charles S. Morales, Connie Rogers, suellen C. Rowlison, Pete valdez, Jr. and Donald F. Gage. The Mayor recognized the families of city councilmembers present in the audience and each member introduced those members of their family present. The Mayor presented the Employee Award for the Month of November 1993 to Jackie Martin, Senior Account Clerk. Council adopted and the Mayor presented Resolution No. 93- 79 and a certificate recognizing the Gilroy Pop Warner Football - Pee Wee Division coaches and players. RESOLUTION NO. 93 - 79 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RECOGNIZING AND COMMENDATION TO GILROY POP WARNER FOOTBALL - PEE WEE DIVISION - COACHES AND PLAYERS. PASSED AND ADOPTED this 20th day of December, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, COUNCILMEMBERS: COUNCILMEMBERS: consent calendar Budget PERS ord. Res.93-80 Ord.93-22 Equip. Tract Map Filice/Schaal Equip. pub.Hear. GPA 91-01 ~ ~'I 1 Gilroy Pop Warner Football - Pee Wee Division presented a trophy to the city, signifying their accomplishments. 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: K. A. Mike Gilroy, Paul V. Kloecker, charles S. Morales, connie Rogers, suellen C. Rowlison, pete valdez, Jr. and Donald F. Gage: Approved Budget Amendments/Transfers as recommended; Introduced an ordinance amending the PERS contract, Section 20024.2 (One Year Final compensation) for local police members to be published by title and summary; Adopted Resolution No. 93-80 declaring certain weeds growing and refuse accumulating in the city to be a public nuisance, describing weeds which constitute such nuisance and providing for giving notice of the adoption of the resolution by publication thereof; RESOLUTION NO. 93 - 80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS GROWING AND REFUSE ACCUMULATING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DESCRIBING WEEDS WHICH CONSTITUTE SUCH NUISANCE AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF. PASSED AND ADOPTED this 20th day of December, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; Adopted Ordinance No. 93-22 adding a new chapter to the city code entitled "Agricultural Disclosure Requirements for Residential Real Estate Transactions and Related Dispute Resolution Procedures"; ORDINANCE NO. 93 - 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING CHAPTER 3A TO THE GILROY CITY CODE ENTITLED AGRICULTURAL DISCLOSURE REQUIREMENTS FOR RESIDENTIAL REAL ESTATE TRANSACTIONS AND RELATED DISPUTE RESOLUTION PROCEDURES. PASSED AND ADOPTED this 20th day of December, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, Approved disposal of surplus equipment as recommended; and Approved Tract Map #93-45, John Filice & Ted schaal as recommended (Tract 8627). city Administrator Baksa presented a recommendation to award the bid of precision Technology in the amount of $58,591.40 for computer equipment. Motion was made by councilman Kloecker seconded by council- woman Rogers and carried that the bid of precision Technology be awarded in the amount of $58,591.40 for computer equipment as recommended. The Mayor continued a continued public Hearing to consider a General plan Map Amendment on approximately 12.75 acres from Medium Density Residential to General services and amend Section V., policies 12, 17 and 22 of the General plan Text, DBO (. , : I r Pub.Hear. Z 91-07 Hear.Appeal A.Fortino Property Comp.Fee Schedule Development Company, applicant (GPA 91-01) to March 7, 1994 requested by Geary T. Coats, representing the applicant. The Mayor continued a continued Public Hearing to consider a erzoning from A1 (Agriculture) to C3 (Shopping Center commercial) District on approximately 12.75 acres located at the southwest corner of Highway 152 and Santa Teresa Boulevard, DBO Development Company (Z 91-07) to March 7, 1994 requested by Geary T. coats, representing the applicant. The Mayor stated that it was the time and place scheduled for a continued Hearing on Appeal by councilman Kloecker on the decision of the Planning commission regarding affirming the Planning Director's interpretation of section 50.62 b.1. of the zoning ordinance allowing Mr. Fortino to build on lots on Mesa Road. The staff Report was noted and further explained by planning Director Dorn. Councilman Kloecker explained his appeal of the Planning Commission's decision. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Bill Henry, representing Mr. Fortino, addressed the Council and explained the chronology of the project and the proposed project. Mr. Gene Wells, Mesa Road, addressed the Council and distributed documents to Council referring to similar situations on Hoesch Way. Mr. Lee Kalpin, Nicole Way, addressed the Council, request- ing approval to Fortino to develop his property and complete the Mesa Road subdivision. He presented and read a letter from Larry and Linda Edwards in favor of approving Fortino's project. He further noted previous petitions presented to Council signed by 75% of the property owners in the area, in favor of Fortino's project to be completed as proposed. He requested that Council support local developers. 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 Hearing. Discussion was had by Council on the matter. Motion was made by councilman Kloecker seconded by council- man Valdez that the city Attorney be directed to prepare a Resolution disapproving the decision of the Planning commission upholding the Planning Director's interpretation. Councilwoman Rogers made a friendly amendment to the motion to include a refund of the $2,306.20 fees deposited with the city. Motion carried. The Mayor stated that it was the time and place scheduled for a public Hearing to consider revisions and adjustments to the comprehensive Fee schedule of the city of Gilroy. city Administrator Baksa noted that the Draft comprehensive Fee Schedule had previously been distributed to council. 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. The Mayor closed the Public Hearing. The Mayor declared a recess at 8:59 p.m. to change the video tape. The Mayor called the meeting to order at 9:05 p.m. and reconvened the meeting. councilwoman Rowlison did not return to her seat at the council table. Res.93-81 pub.Hear. Emerg.Hous. Consortium commission Appmts. 1 .'1 ." 1 -,}-t J_~] Motion was made by councilman Kloecker seconded by Councilman Valdez that the reading of Resolution No. 93-81 be waived and that it be adopted approving the comprehensive Fee schedule as revised and amended. RESOLUTION NO. 93 - 81 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING A COMPREHENSIVE FEE SCHEDULE REVISING FEES CHARGED BY ALL DEPARTMENTS OF THE CITY. PASSED AND ADOPTED this 20h day of December, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GILROY, KLOECKER, VALDEZ and GAGE None ROWLISON MORALES, ROGERS, The Mayor stated that it was the time and place scheduled for a Public Hearing to consider special funds requested by Emergency Housing consortium to house homeless families at the ochoa Migrant Center. The Staff Report was noted and further explained by HCD Grant Coordinator Rojas. (At 9:07 p.m. councilwoman Rowlison entered and took her seat at the council table.) Mr. Barry Del Bono, Executive Director of the Emergency Housing Consortium, addressed the Council further explaining the proposed project and requested funding. Discussion was had by council on the matter. Councilman Valdez inquired if the sewer and water utilities would be waived for this 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 Councilman Valdez seconded by council- woman Rowlison and carried that $15,000.00 of CDBG Funds be approved as requested by the Emergency Housing Consortium to house homeless families at the ochoa Migrant center, noting that this is a one time funding approval. The Mayor requested appointment of the following to Boards and commissions for terms expiring January 1, 1994 and specific vacancies as noted: Motion was made by Councilman Kloecker seconded by council- man Valdez and carried that Parks and Recreation Commissioners Jeff watterson and Todd perkins be reappointed for terms expiring January 1, 1998 and Sherri stuart be appointed as Parks & Recrea- tion commissioner to fill the unexpired term January 1, 1997. Motion was made by Councilman Kloecker seconded by Council- man Valdez and carried that Personnel commissioner James Trelut be reappointed for a term expiring January 1, 1998 and Roxie Thomas be appointed as Personnel commissioner for a term expiring January 1, 1998. Motion was made by Councilman Gilroy seconded by Council- woman Rowlison that Planning commissioners Glenn suyeyasu and Frank Romero be reappointed for terms expiring January 1, 1998. Councilman Valdez requested a Roll call vote on the motion. Ayes: councilmembers: Gilroy, Rowlison and Gage; Noes: council- members: Kloecker, Morales, Rogers and Valdez. Motion failed. Motion was made by councilman valdez seconded by councilman Kloecker that commissioner Glenn Suyeyasu be reappointed for a term expiring January 1998 and Guadalupe Arellano be appointed as planning commissioner for a term expiring January 1, 1998. , ,-l;;?t) P.G.& E. Lease A/S 93-30 Res.93-82 Discussion was had on the matter of appointments to the Planning commission. Commissioner Romero, addressed the Council and noted that if it appeared that he had a conflict of interest as Planning commissioner and his affiliation with GDDC that he would resign from GDDC and take his first obligation as a Planning Commissioner. The motion reappointing commissioner Suyeyasu and appoint- ing Guadalupe Arellano for terms expiring January 1, 1998 carried by the following Roll Call Vote: Ayes: Councilmembers: Kloecker, Morales, Rogers and Valdez; Noes: Councilmembers: Gilroy, Rowlison and Gage. Motion was made by Councilman Kloecker seconded by council- man Valdez and carried that Library & culture commissioners Betty Edel and Dyan Tinsley be reappointed for terms expiring January 1998. councilman Gilroy voted "no" on the motion. Motion was made by Councilman Kloecker seconded by council- man Valdez and carried that Al pinheiro be appointed as a Board member of the Building Board of Appeals for a term expiring January 1, 1998. Motion was made by Councilman Kloecker seconded by Council- man Valdez and carried that Lael McCormack be appointed as a Board member of the Handicapped Appeals Board for a term expiring January 1, 1998. The City Attorney presented an addendum to the Agenda of an urgency nature that arose after completion of the Agenda regard- ing a proposed amendment to the P. G. & E. Lease for a community/ Youth Center on property located at sixth and old Gilroy streets. Motion was made by Councilman Kloecker seconded by council- man Gilroy and carried that the addendum to the P. G. & E. Lease be added to the agenda for action which is an urgency nature and the matter arose after completion of the agenda. Motion was made by councilwoman Rowlison seconded by Councilman Kloecker and carried that the addendum to the Agenda regarding an amendment to the P.G. & E. Lease to begin January 1, 1994 be approved as presented. A request for A/S 93-30 Planned Unit Development (PUD) for approval on property located at the southwest corner of Long- meadow Drive and calle del Rey, Kaufman & Broad, applicants, was noted. The staff Report was noted and further explained by Planning Director Dorn. The city Attorney noted that the resolution approving A/S 93-30 application would include the ten (10) conditions and other amendments plus an eleventh (11th) condition that would require the developer to be obliged to notify prospective purchasers of all conditions. Motion was made by councilman Gilroy seconded by Councilman Kloecker that the reading of Resolution No. 93-82 be waived and that it be adopted approving A/S 93-30 with amendments as noted including condition #11 as noted by the city Attorney. RESOLUTION NO. 93 - 8:1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONDITIONALLY APPROVING A/S 93-30, DESIGN REVIEW FOR A PLANNED UNIT DEVELOPMENT (PUD) APPROVAL ON PROPERTY ZONED R1-PUD, FOR THE CONSTRUCTION OF A 47 LOT SINGLE FAMILY SUBDIVISION ON APPROXIMATELY 9.9 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LONGMEADOW DRIVE AND CALLE DEL REY, APN 783-21-036. PASSED AND ADOPTED this 20th day of December, 1993, by the following vote: Taxicab ord. visitors' Bureau San Martin Fam.Living Center AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: A proposed ordinance adding chapter 23 to the Gilroy city code regulating taxicab businesses was noted and further explained by Traffic and Patrol service Technician Hartley. Discussion was on the matter by council. council requested the ordinance be reviewed by the city Attorney prior to introduction of said ordinance. The Gilroy visitors' Bureau Cross Marketing plan of Action was noted and further explained by Jeff Martin, representing the visitors' Bureau. Discussion was had by council on the matter. councilman Kloecker requested tabling action for further study on the proposal. Motion was made by councilwoman Rowlison seconded by councilman Morales and carried that the Marketing plan of Action of the Gilroy visitors' Bureau be approved as presented and approval of city'S contributions to a maximum of $10,000.00 as recommended by the following Roll Call vote: Ayes: council- members: Gilroy, Morales, Rogers, Rowlison and Gage; Noes: councilmembers: Kloecker and valdez. A request of South county Housing was noted for assistance and support to expand the San Martin Family Living center. The staff Report was noted and further explained by city Administrator Baksa and Director of public Works Allen. Ms. Marie Juncker, Executive Director of south county Housing, addressed the council requesting approval in concept and to allow staff to work with her and Morgan Hill to address the issues. It was the consensus of the council that the project be approved in concept and that staff work with Marie Juncker to address the issues. The following informational items were noted with no separate discussion on same: customer Service: Inter-Office Memorandum - chief sumisaki to officer castaneda in Appreciation; Inter-Office Memorandum - chief sumisaki to corporal Ellevan and officers Hansell, Harrold and Johnson In Appreciation; Inter-Office Memorandum - chief sumisaki to corporal Morales In Appreciation; Recreation Department In Appreciation of the Hispanic chamber Fund Raiser Dance; Santa Clara county Metro softball Association In Appreciation and confirming Appointment of John Garcia, Recreation Service Manager as Metro Santa clara'S At-Large Player Representative to Represent santa clara county; police Chief's Invitation to Western scholastic Marching Band conference; Inter-Office Memorandum of Appreciation of sergeant Smithee; (" -" t,., '.) ,.;l:r__ < ~ .I~ \l 'jI ~ .; .) '. ~. r~-::'.fl"llf# SCRWA Handicap. Aps.Bd. Pers.Com 12-13-93 CSO Job Descrip. CDBG Local Train Commuter In Appreciation of Police Department Assistance; FCC Cable Rate Regulation certification; Gilroy Chamber of Commerce re: Smith's A/S 93-10 project; Letter to Dispatch Editor re: Recognition of Harvest Time Restaurant's Efforts in the Downtown Area; Gilroy Unified school District re: In-Put in Anti-Gang Issues; city's Concerns re: Falcon Cable system, contel's Telecommunication future plans, and Local Falcon Cable subscribers In opposition to Elimination of KPIX, Channel 5 and other complaints; Final Cable Customer service standards; Gilroy Downtown Development corporation withdrawing Funding Request; and Gilroy Crime Analysis Unit Season's Greetings. The Minutes of the south county Regional Wastewater Authority Meeting of october 26, 1993 were noted. The Minutes of the Handicapped Appeals Board Meetings of November 15, 1993 and December 6, 1993 were noted. The report of the Personnel Commission Meeting of December 13, 1993 was noted. Motion was made by councilman Kloecker seconded by Councilman Gilroy and carried that the new job description for community service officer be approved as recommended. An update on the Water Conservation Program was noted. city Administrator Baksa presented a recommendation on citizen Advisory Committee composition re: CDBG and Council concurred and agreed to give nomination names to the city Administrator for the citizens-at-Large. city Administrator Baksa noted a report on the Theater Angels Grant. city Administrator Baksa gave an update on Council/ManagerRetreat and noted that the facilitator would be present at the January 10, 1994 Council study session on strategic Planning. The city Attorney noted and explained a request from the city of Glendale asking the city to Join as Amicus. Motion was made by councilman Gilroy seconded by councilman Kloecker and carried that the city supports the following to join as Amicus as recommended: Hensler v. city of Glendale, a case challenging a ridge line prevention ordinance. Thorn v. city of Glendale and Milgrom v. city of Glendale, cases involving scope of employment for firefighters. The city Attorney distributed a draft RDO Performance Agreement to be agendized on the January 18, 1993 council Agenda. councilman Valdez distributed a packet from Responsible Hospitality Council to council. The Mayor wished everyone a Merry Christmas. r councilwoman Rogers gave an update on a recent Gilroy visitors' Bureau meeting. councilwoman Rogers volunteered her services to schedule a Gun Amnesty Program. councilwoman Rowlison distributed an article from Time Magazine re: Guns. councilman Kloecker reported on the Zero Tolerance Program and gave an update on the cities Association selection committee announcing appointment of councilwoman Rogers as the city's representative on the Selection committee. He also gave an update on proposed legislation and noted the MTC membership proposal requesting the city support supervisor Gonzalez' letter under the Mayor's signature. council had no objection. councilman Kloecker requested a letter under the Mayor's signature in support of issues on Measure A be forwarded requested by the Santa clara county cities Association. city Administrator Baksa to draft said letter. councilman Kloecker to provide sample. councilman Kloecker gave an update on the Transportation commission meeting and noted new legislation forthcoming. He further noted a scheduled meeting regarding the southern Pacific Depot with city representatives. councilman Gilroy requested an update on GDDC issues and noted that the pros and cons need to be addressed including the Downtown parking Maintenance District. The Mayor noted the following meetings and events and noted that he would be absent at the January 3, 1994 regular council Meeting to be chaired by Mayor Protempore Gilroy: Gilroy city council Regular Meeting, December 27, 1993 - 7:00 p.m., previously cancelled. Leadership Forum, January 20, 1994 - 7:30 a.m. to 9:00 a.m., Gilroy senior center, 7371 Hanna st., Gilroy, CA 95020. (Topic: Gang problems.) At 12:06 a.m. Tuesday, December 21, 1993 the Mayor adjourned the meeting. Respectfully submitted, 4w~0d;t~- city clerk (jr--- '>":,,:,':)c',,'.);';:::;"~:"L>:.;:;~';:":.-:";,:",,,." ~ , ~;,:'a