Minutes 1994/11/07
6574
Invocation
posting
Agenda
Roll Call
Res.94-77
Intro.New
E~.
Consent
calendar
Minutes
Budget
Dev.Agree.
xmas Deco-
rations
Regular Meeting
November 7, 1994
Gilroy, california
The Mayor led the pledge of Allegiance to the Flag.
Pastor Bob Achilles, Trinity Bible Church, gave the
Invocation.
The city clerk noted that the Agenda had been posted on
November 3, 1994 at 8:34 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; 7:00 p.m.
The Mayor deviated from the regular order of the Agenda in
order to accommodate interested persons in the audience.
A request of the League of united Latin American citizens'
for a Resolution in opposition to Ballot Measure 187 was noted.
A representative of the organization addressed the council
requesting the city's support by adopting a Resolution in
opposition to proposition 187 to appear on the November 8, 1994
General Election Ballot.
Motion was made by councilman Morales seconded by
councilman valdez that the reading of Resolution No. 94-77 be
waived and that it be adopted.
RESOLUTION NO. 94 - 77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY OPPOSING
PROPOSITION 187, THE SAVE OUR STATE BALLOT INITIATIVE.
PASSED AND ADOPTED this 7th day of November, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
councilman valdez noted the presence of state vice
president of LULAC and explained in spanish council action taken.
The Mayor continued with the regular order of the Agenda:
The Mayor introduced New Employee: Daniel Zen, police
officer.
Motion was made by councilman Kloecker, seconded by Coun-
cilman 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 the Minutes of the Regular council Meeting of
October 17, 1994;
Approved Budget Amendments/Transfers as recommended;
Approved Development Agreement #94-45, silicon valley
Diversified, Inc. (Mantelli Drive Improvements from Church Street
to Wren Avenue) as recommended;
Authorized the city'S assistance to install and remove
street pole christmas decorations and banners as requested by the
chamber of Commerce;
~
Res.94-78
Claim
zoning
Ord.
Economic
Dev.prog.
6573
Adopted Resolution No. 94-78 approving A/S 94-22 (Kaufman &
Broad) west side of Thomas Road, north of Santa Teresa Boulevard)
- reviewed at the october 17, 1994 regular council Meeting;
RESOLUTION NO. 94 - 78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONDI-
TIONALLY APPROVING APPLICATION A/S 94-22, PLANNED UNIT DEVELOP-
MENT DESIGN APPROVAL, TO ALLOW CONSTRUCTION OF 43 SINGLE FAMILY
HOMES ON INDIVIDUAL LOTS AND TO CREATE A PUBLICLY DEDICATED CREEK
PRESERVE ON PROPERTY LOCATED WEST OF THOMAS ROAD, NORTH OF SANTA
TERESA BOULEVARD, APNS 808-20-006 AND A PORTION OF -016.
PASSED AND ADOPTED this 7th day of November, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None; and
ROGERS,
Denied Claim of Top Hat Industries as recommended.
A zoning Ordinance Text Amendment (Z 94-06) was presented
for introduction, noting the Public Hearing was held on october
17, 1994.
Motion was made by councilman Kloecker seconded by
Councilman Gilroy and unanimously carried that the title of the
ordinance be read and waived further reading of the ordinance.
The Clerk read the title of the ordinance.
Motion was made by councilman Kloecker seconded by
Councilman Gilroy and carried that the proposed ordinance be
introduced and published by title and summary.
city Administrator Baksa noted that council action on the
Economic Development Program of the chamber of Commerce was
tabled from the september 26, 1994 regular Council Meeting.
Patti Hale, vice Chairperson of the Economic Development
committee of the chamber of Commerce addressed the Council
requesting the city participate in an Economic Development
Program with the Gilroy chamber of Commerce and Hispanic chamber
of Commerce.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
The following addressed the council in support of the city
participating in the Economic Development Program proposed:
Anthony coletto, 811 Eschenburg Drive, urging council to
support the chamber of Commerce in the program.
Rick Dyer, 9210 Rancho Hills Drive, noting that the city'S
participation in the program would be a positive message to the
businesses and urged the city to agree on the concept.
Discussion was had by council on the matter.
Motion was made by councilman Gilroy seconded by council-
woman Rowlison that the city support the program in the first
year with funds of the visitors' Bureau and the city Adminis-
trator provide for the second and third year funding in the
corresponding budgets. (A vote was not taken on the motion at
this time.)
Further discussion was had on the motion.
Mr. Gray Bowe, secretary/Treasurer of the Chamber of
Commerce, addressed the Council and noted that there was a
reserve of funds in the visitors' Bureau that may be available
for the Economic Development program.
657G
co.Gen.Plan
Ord.re:
Roofs
Recess
Tree Pre-
servation
Ord.
Lib.& cult.
Com.Appmt.
councilman Gilroy withdrew his motion and councilwoman
Rowlison withdrew her second in order to give the visitors'
Bureau an opportunity to offer the available funds and receive
their input on the matter. council requested a copy of the
chamber of Commerce's Financial statement referred to by their
secretary/Treasurer.
Motion was made by Mayor Gage seconded by councilman
Morales and carried that the matter be tabled to November 21,
1994 and that a decision be made at that time after receiving in-
put on the matter from the Gilroy visitors' Bureau. Councilman
Kloecker voted "no" on the motion.
A draft of the city's comments on the proposed county
General plan Document was noted.
Motion was made by councilman Kloecker seconded by
councilman Valdez and carried that the draft letter on the
proposed county General plan Document be forwarded with the
modification to 1.(c) that no action be taken on the Draft
Agricultural Preservation study until the plan has been adopted.
councilwoman Rowlison voted "no" on the motion, noting that she
objects to the recommendation to eliminate the strategies and
policies requiring adoption of urban Growth Boundaries as stated
under #3.
A recommendation to approve a Roof Requirement ordinance
was noted and further explained by Fire chief Gillespie.
Discussion was had by council on the matter.
Motion was made by Councilman Kloecker seconded by council-
man Morales and unanimously carried that the ordinance be read by
title only and waived further reading of the proposed roof
ordinance. The clerk read the title of the proposed ordinance.
Motion was made by councilman Kloecker seconded by
councilwoman Rowlison and carried that the proposed ordinance be
introduced and published by title and summary.
At 9:00 p.m. the Mayor declared a Recess in order to change
the video tapes and reconvened the meeting at 9:06 p.m.
city Administrator Baksa presented provisions for a Tree
Preservation Ordinance.
Discussion was had by council. council requested staff
study and define a definition for preservation of city-wide
Historical Heritage Trees both indigenous and not native to a
particular area, for identification purposes in an ordinance and
verbiage to protect trees in non-developed lands in areas of
Hillside zoning and possibly certain areas to preserve oak and
other woodland clusters or groups of trees; i.e. the eucalyptus
grove along Miller Avenue near Santa Teresa Boulevard.
council noted that after council concurs with provisions
for a tree preservation ordinance that same be referred to the
planning and Parks & Recreation commissions for review and
recommendation and further that a public hearing be conducted
prior to adoption of an ordinance.
The Mayor recommended that Leah Halper be temporarily
appointed to the Library & culture commission through December
31, 1994 to fill a current vacancy.
Motion was made by councilman Kloecker seconded by
councilman Valdez and carried that Leah Halper be temporarily
appointed to the Library & culture commission through December
31, 1994 to fill a current vacancy on said commission.
The Mayor asked if there was anyone
to speak on any matter not on the agenda.
from anyone in the audience.
in the audience wishing
There was no comment
A/S 93-10
A request of smith's Food & Drug centers, Inc. was noted to
reconsider approval of A/S 93-10.
councilwoman Rogers and city Administrator Baksa noted a
conflict of interest on the proposal and left the council table.
city Administrator Protempore Dorn explained the request
and previous action by council requiring an Economic study prior
to action on A/S 93-10.
Motion was made by councilman Kloecker seconded by
councilman Valdez that an Economic study be required of smith's
Food & Drug centers as previously stated by council at their
November 15, 1993 regular meeting, specifically that the
applicant fund an economic study to assist the city to determine
conclusion of the findings, (consultant to be selected by the
city) and requested council review the scope of the study. (A
vote on the motion was not taken at this time.)
The Mayor asked if there were anyone in the audience
wishing to speak on the matter. The following addressed the
council:
Anna shimko, author of smith's current request, noting
reasons why an Economic study not be required.
Barry Lubovenski, representing the state Building
Construction Trade council, noting that he believes that it is
valid to require an Economic Impact study from smith's.
councilman valdez noted that he verified the fact that in
Simi valley, smith's agreed to conduct a study for a business in
their city and distributed information from the city of simi
Valley to councilmembers.
Ronald Henry, Realtor for smith's noted opposition to an
Economic Impact study requirement and requested council adopt the
Negative Declaration with the mitigations requested by staff.
The previous motion of council was re-stated: Motion was
made by councilman Kloecker seconded by councilman Valdez that
the city require an Economic Impact study as stated in previous
action of the council on November 15, 1993 by the following Vote:
Ayes: Councilmembers: Gilroy, Kloecker, Rowlison, and valdez;
Noes: councilmembers: Morales and Gage; Absent: councilmember:
Rogers.
Motion was made by councilman Kloecker seconded by
councilman Valdez that A/S 93-10 be denied approval without
prejudice due to no Economic Impact study received by the
following Roll Call vote: Ayes: Councilmembers: Gilroy, Kloecker,
Rowlison and valdez; Noes: councilmembers: Morales and Gage;
Absent: councilmember: Rogers.
Acting city Attorney Faber noted that it is understood that
a Resolution for this action would be brought back to council for
adoption.
councilwoman Rogers and city Administrator Baksa returned
to their seats at the council table.
The following informational items were noted with no
separate discussion on same:
correspondence re: 1994 state Budget:
city of oceanside urging cities Contact state Legislatures
to stop Appropriation of Local Revenues;
customer service:
Equipment Maintenance supervisor Inter-office Memo In
Appreciation of computer Training;
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6578
Police Chief's Inter-office Memo in Appreciation of
corporal Lara and Ltd. Brown;
U.N.E.T. In Appreciation of Rifle Team Assistance;
Fire Department's Public Education Unit Inter-office Memo
In Appreciation of Firefighters', Parks & Recreation Department,
Museum and public Works Department Assistance with super Heroes
safety celebration;
city of Atascadero In Appreciation of Gilroy Fire
Department's Assistance During recent Highway 41 Fire;
Gregory G. cowart, Director of state Division of Law
Enforcement congratulating police chief on Receipt of Federal
Crime Bill Grant;
city In Appreciation of Hotel Accommodations at League
conference in Long Beach;
P & R Director's Inter-office Memo to public Works
Department In Appreciation for Assistance;
Monthly cash & Investments Report - July 31, 1994;
senator Mello re: Highway 85 Metering Lights;
Gilroy Toyota In support of Garlic country USA project;
Proclamations Issued by Mayor Gage: Toastmasters Month -
November, 1994; Arts and Humanities Month - october, 1994;
Mayors' of the world committing to the Fight Against Drugs;
Friends of the Bay Area Ronald McDonald Houses Day - November 16,
1994; and Family Week - November 20-26, 1994;
Edward c. Merrell re: Garlic country USA project,
Revitalizing Monterey street and Graffiti Issues;
city's Request of Transportation Agency for Train Depot
Lease;
Minutes of the police chief's Advisory Group Meeting of
september 29, 1994;
Tentative Map 93-3, Thomas Road phase I, "The vineyards";
League of California cities Legislative Bulletin, #32-1994;
Local Resident In Favor of Garlic country USA project;
Minutes of the Gilroy visitors' Bureau Meeting of October
13, 1994 and Financial statement from october 1, 1993 through
August 31, 1994;
city's Response to Artie O'Conner re: city's Attorneys;
Local Resident In opposition to Garlic country USA project;
Assembly Local Government committee Interim Hearing Re:
Sales Tax Distribution - october 7, 1994;
county of Santa Clara re: Paramedic Ambulance services;
News Article re: small-Quantity stormwater Dischargers;
st. Joseph's Family center In Appreciation of Donation and
council Volunteer Assistance;
planning Department update on Report of Long-Range
Applications and update on other up-coming Issues;
ABAG re: Telecommunications (Information Superhighway)
policies;
P & R Com.
9-20-94
SCRWA
9-6-94
Adjrnmt.
657n
city's Response to South county Joint Planning Advisory
committee Inquiry of the proposed Garlic country project;
Assemblyman Areias' Regrets to Gilroy community Youth
Center Grand opening;
Local Resident opposed to Additional Development in
vicinity of Delta Drive;
Resident commending Falcon Cable Customer service; and
News Articles re: Garlic country USA project.
The Minutes of the Parks & Recreation commission Meeting of
september 20, 1994 were noted.
The Minutes of the senior Advisory Board Meeting of
september 19, 1994 were noted.
The Minutes of the Library & Culture commission Meeting of
October 11, 1994 were noted.
The Minutes of the South county Regional Wastewater
Authority Meeting of september 6, 1994 were noted.
city Administrator Baksa gave an update on Water
Conservation program.
city Administrator Baksa reported on the recent sales Tax
Audit, noting an increase in revenues of $33,000.00 per year.
city Administrator Baksa distributed an amendment to the
RDO staff Report and rating sheet.
city Administrator Baksa distributed 3rd Quarterly Reports.
city Administrator Baksa distributed wellness committee's
calendars to Council.
The Mayor noted the 125th Anniversary of the city's
Incorporation, March 12, 1870 - March 12, 1995.
councilwoman Rowlison distributed information on the city
of sunnyvale's Garbage and Recycling center.
councilman Morales reported on the League of California
cities Conference in Long Beach.
councilwoman Rogers noted that she was selected as the
community services policy committee Representative for the
peninsula Division of the League of California cities.
councilman Gilroy requested review of issues from the
League conference. city Administrator Baksa suggested that
councilmembers attending the League list issues that could be
prioritized at the next council Retreat.
councilman Gilroy noted the Downtown christmas program
scheduled for November 25 at 5:15 p.m.
councilman Kloecker noted that information on the CMA;
Transportation and Land Use would be forthcoming.
The Mayor reminded everyone to vote tomorrow at the
November 8, 1994 General Election.
At 10:46 p.m. the Mayor adjourned the meeting.
Respectfully submitted,