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Minutes 1994/12/19 Invocation Posting Agenda Roll Call 6591 Regular Meeting December 19, 1994 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Kevin wilson, Gilroy Bible Church gave the Invocation. The city Clerk noted that the Agenda had been posted on December 15, 1994 at 8:57 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. 6592 Intro.New Emp. The Mayor introduced the following new employees: Nestor Quinones and Jeff wilson, Police officers. Emp.Award The Mayor presented the Employee Award for the Employee of the Month of November, 1994 to Michael Dorn, Planning Director. Planning Director Dorn presented the Mayor with an Award from the Historical society for preservation of the old city Hall building. consent calendar Motion was made by councilman Kloecker seconded by council- man Valdez that the following items under the Consent calendar be approved removing Items D, F, G and J for separate discussion, 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: Budget Approved Budget Amendments/Transfers as recommended; Minutes Approved the Minutes of the Regular Council Meeting of November 28, 1994; Ord.94-21 Adopted ordinance No. 94-21 regarding graffiti regulations; ORDINANCE NO. 94 - 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING CHAPTER 12.5, REGARDING REGULATION OF GRAFFITI, TO THE GILROY CITY CODE. PASSED AND ADOPTED this 19th day of December, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None; ROGERS, Minutes Approved the Minutes of the Regular Council Meeting of December 5, 1994; Res.94-85 Adopted Resolution No. 94-85 appointing Andrew Faber, Acting city Attorney and Kathy siple, Deputy city Attorney; RESOLUTION NO. 94 - 85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPOINTING THE ACTING CITY ATTORNEY AND APPROVING DESIGNATION OF THE DEPUTY CITY ATTORNEY. PASSED AND ADOPTED this 19th day of December, 1994 by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; NOES: ABSENT: Claim Denied Claim of Rebecca Beuttler/Kelly Dodds as recommended; and Dev.Agree. Approved Tract Map and Development Agreement #94-49, Kaufman & Broad, Tract 8708. The following consent calendar items were discussed prior to action: surplus Equip. councilman Kloecker requested that the Gilroy Unified School District be contacted for interest if any in the surplus equipment prior to auctioning said equipment. Motion was made by Councilman Kloecker seconded by Council- man Valdez that the equipment be declared surplus as recommended by the following Roll call_Vote: Ayes: councilmembers: Gilroy, Kloecker, Morales, Rogers, Rowlison, Valdez and Gage; Res.94-86 Res.94-87 Res.94-88 r Equip.Bids 6593 Discussed proposed cardroom Fee Schedule. Motion was made by councilman Kloecker seconded by Councilman Morales that the reading of Resolution No. 94-86 be waived and that it be adopted establishing a cardroom Fee Schedule required of cardroom Ordi- nance No. 94-5 (adopted -16-94) with a modification to retain the city's present fees for Initial cardroom Permit Fee of $500.00; Annual cardroom Permit Renewal - $200.00 and Annual Table Permit Fees - $200.00. RESOLUTION NO. 94 - 86 A RESOLUTION OF THE CITY COUNCIL ESTABLISHING CARDROOM FEES. PASSED AND ADOPTED this 19th day following vote: AYES: COUNCILMEMBERS: OF THE CITY OF GILROY of December, 1994, by the NOES: ABSENT: KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE GILROY None COUNCILMEMBER: COUNCILMEMBERS: councilwoman Rowlison read Resolution No. 94-87 pertaining to preservation of significant trees. Motion was made by Councilwoman Rowlison seconded by councilman Morales that Resolution No. 94-87 be adopted. RESOLUTION NO. 94-87 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY PERTAINING TO THE PRESERVATION OF SIGNIFICANT TREES. PASSED AND ADOPTED this 19th day of December, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, COUNCILMEMBERS: COUNCILMEMBERS: Councilwoman Rogers noted League of California cities literature that states preservation of significant trees increase property values up to 10%. city Administrator Baksa explained the resolution authori- zing execution of Memorandum of understanding with cities of Morgan Hill, Hollister, San Juan Bautista and County of Santa clara to conduct a Joint cable Television Refranchising project. Motion was made by Councilwoman Rowlison seconded by Councilman Kloecker that the reading of Resolution No. 94-88 be waived and that it be adopted. RESOLUTION NO. 94 - 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING PARTICIPATION IN THE JOINT CABLE TELEVISION REFRANCHISING PROJECT WITH THE CITIES OF HOLLISTER, MORGAN HILL AND SAN JUAN BAUTISTA AND THE COUNTIES OF SAN BENITO AND SANTA CLARA. PASSED AND ADOPTED this 19th day of December, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, COUNCILMEMBERS: COUNCILMEMBERS: supervisor Mike Honda addressed the Council and presented documents from the Santa Clara County Transportation plan T2010- Draft South county Transit Needs Assessment to be agendized on the January 3, 1995 Council Agenda. city Administrator Baksa presented and explained a recommendation to award a bid to Jenkins Machinery in the amount of $30,420.42 for a self-propelled rotary, wide area mower. 6594 Pub.Hear. Co. Waste plan Res.94-89 Pub.Hear. Z 94-07 Pub.Hear. Z 94-03 Motion was made by councilwoman Rowlison seconded by Councilman Kloecker and carried that the bid of Jenkins Machinery be awarded for a self-propelled rotary, wide area mower in the amount of $30,420.42 as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider approving the Non-Disposal Facility Element prepared by the county of Santa Clara for the city of Gilroy as an element to the countywide Integrated Waste Management Plan. city Administrator Baksa noted and further explained the Staff Report. Motion was made by councilman Kloecker seconded by council- woman Rowlison that the reading of Resolution No. 94-89 be waived and that it be adopted approving the Non-disposal Facility Element and authorizing the county to submit to the california Integrated Waste Management Board on behalf of the city. RESOLUTION NO. 94 - 89 RESOLUTION OF THE COUNCIL OF THE NON-DISPOSAL FACILITY ELEMENT. PASSED AND ADOPTED this 19th day following vote: AYES: COUNCILMEMBERS: CITY OF GILROY APPROVING THE of December, 1994, by the NOES: ABSENT: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, COUNCILMEMBERS: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled to consider amending the Zoning Map from Rl (single Family Resi- dential) to R3 (Medium Density Residential) on 1.024 acres, and Rl (single Family Residential) to a combined Rl/R3-PUD (single Family Residential/Medium Density Residential) planned unit Development District on 12.45 acres, for property located west of Kern Avenue, adjacent to the future Mantelli Drive Extension, city of Gilroy and south County Housing, applicants, Z 94-07. The Staff Report was noted and further explained by Planning Director. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Marie Juncker, Executive Director of South county Housing addressed the council and noted that most of the issues were addressed at the Public Hearing on the General plan Amendment and that she would answer any further questions. The Mayor asked if there was anyone further wishing to speak on the proposal. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by councilman Valdez seconded by Councilman Kloecker and carried that staff be directed to prepare an ordinance approving the zoning from Rl to R3 on 1.024 Acres and Rl to Rl/R3-PUD on 12.45 Acres. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a zoning Map Amendment from Rl (single Family Residential), RH (Residential Hillside), and PF (Park/public Facility) to RI-PUD (single Family Residential) Planned unit Development and RH (Residential Hillside) on approximately 26 acres, for property located west of Rancho Hills Drive, north of Mantelli Drive, New cities Development Group, applicant, Z 94-03. The staff Report was noted and further explained by Planner III Faus. Pub.Hear. TM 94-02 Pub.Hear. TM 94-03 6595 The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Ted Schaal, adjacent property owner, addressed the council noting no objection to the overall concept requesting access to his property that is contiguous to the project. Staff noted that a condition of the Tentative map could provide this access requested. Ms. Kathy Ladd, addressed the council noting a deep gully off of colony Court on the west side of Rancho Hills and inquired if there would be a mitigation measure for this item. city Administrator Baksa noted that this would be accounted for at the final Map stage of the project. The Mayor asked if there was wishing to speak on the proposal. anyone in the audience. The Mayor anyone further in the audience There was no comment from closed the Public Hearing. Discussion was had by council regarding the mitigation measures. Motion was made by councilman Kloecker seconded by council- man Valdez and carried that the Negative Declaration for Z 94-03 be approved as completed in compliance with CEQA, as reflecting the Independent Judgement of the city and that the Mitigation Monitoring Program be adopted. Motion was made by councilman Kloecker seconded by council- man Gilroy and carried that staff be directed to prepare an ordinance approving zoning from Rl and RH to RI-PUD and RH on 26 acres, Z 94-03. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider approval of a Tentative Map request to subdivide approximately 78+ acres to create forty-five (45) Single Family Residential lots of 6,000 sq.ft. or larger, plus one remainder parcel on property to be zoned RI-PUD (single Family Residential-Planned unit Development) and located west of Rancho Hills Drive, north of Mantelli Drive, New cities Develop- ment Group, Applicant, TM 94-02. The Staff Report was noted and further explained by planner III Faus noting an amendment to the Negative Declaration further explained by Director of Public Works Allen that the slope easement will be abandoned and graded and no longer necessary. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Lee Newell, one of the principal property owners of the project, addressed the council and noted Mitigation Measure #2 in the EIR requires a traffic signal at Santa Teresa and Long Meadow and that this requirement will be required of all developers in the area and Mitigation Measure #43 regarding payment if the developer is not reserving property or dedication of same, park fees credits or reimbursements will be given for said payments. Planning Director Dorn noted that staff concurs with same. The Mayor asked if there was wishing to speak on the proposal. anyone in the audience. The Mayor anyone further in the audience There was no comment from closed the Public Hearing. Motion was made by councilman Kloecker seconded by councilman Gilroy and carried that staff be directed to prepare a resolution approving Tentative Map 94-02 as presented. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider approval of a Tentative Map request to subdivide approximately 69+ acres to create ninety- five (95) Single Family Residential lots within a 6,000 sq. ft. and 5,600 sq. ft. range, plus one remainder parcel, on property to 6596 RDO Alloca- tions com./Bd. Appts. be zoned RI-PUD (single Family Residential-planned unit Develop- ment), located west of Rancho Hills Drive, north of Mantelli Drive, New cities Development Group, applicant, TM 94-03. The staff Report was noted and further explained by planner III Faus noting the additional condition that the applicant provide access to the adjacent property owned by Ted schaal which would require reconfiguration of Lot 25 or an acceptable access. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Lee Newell addressed the council and noted that his previous comments regarding the mitigation measures of TM 94-02 would also apply to TM 94-03. The Mayor asked if there was anyone further in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by councilman Gilroy seconded by councilman Morales and carried that staff be directed to prepare a resolu- tion approving TM 94-03 to include the condition requested by Mr. Ted Schaal which would require reconfiguration of Lot 25 or an acceptable access. The Mayor noted that it was the time and place scheduled to approve or modify RDO Allocations as recommended by the Planning commission. He noted that the Public Hearing was held December 5, 1994 and continued to this meeting, further relinquishing the Chair to Mayor Protempore Kloecker due to a conflict of interest in one of the applications. Acting city Attorney Faber further explained the FPPC's decision noting that the Mayor could participate in the decision of the RDO allocations after council took action on the Glen Lorna application. Discussion was had by council on the matter. Motion was made by councilman Kloecker seconded by council- man valdez and carried that action on the RDO Allocations be continued to the January 17, 1995 Regular Council Meeting in order to receive copies of the city Attorney's inquiry and FPPC's decision on the Mayor being able to take part in the RDO allocations. No one in the audience objected to council delaying action on the RDO Allocations. The Mayor recommended appointment of the following commis- sioners and Board Members for terms expiring December 31, 1994: Commission/Boards Appointee Term Exp. 1-1-99 parks & Recreation parks & Recreation Personnel Personnel Planning Planning Library & culture Library & culture Library & culture Bldg.Bd.of Appeals Bldg.Bd. of Appeals Handicap Bd. of Appeals Gregory castello John Kilcoyne Peggy Martinez Rosalinda B. Lopez, M.S. David c. collier Al pinheiro Donna R. Pray Leah Halper Mary G. Maldonado, For unexp.term 1-1-96 steve Andrade Mike M. Correa Chuck Wear Motion was made by councilman valdez seconded by councilman Morales that the applicants for commission and Boards be appointed to the respective commissions/boards as recommended by the Mayor by the following Roll call Vote: Ayes: Councilmembers: Gilroy, Kloecker, Morales, Rogers, Rowlison, Valdez and Gage. council salaries A/S 94-27 " ~ r-~ n 7 '<...) u ;} councilwoman Rowlison requested council review criteria for commission/Board absences and further discuss same at the Council/Manager Retreat. (At 9:09 p.m. the Mayor declared a recess and reconvened the meeting at 9:15 p.m.) Discussion was had on the proposal to increase councilmem- ber's salaries from $300.00 per month to $400.00 per month. Motion was made by councilman Kloecker seconded by council- woman Rogers by the following Roll call that councilmembers' salaries be increased from $300.00 to $400.00 per month: Ayes: Councilmembers: Kloecker, Morales, Rogers and valdez; Noes: councilmembers: Gilroy, Rowlison and Gage. Motion was made by councilman Kloecker seconded by councilman valdez and unanimously carried that the proposed ordinance increasing councilmembers' salaries be read by title only and waived further reading of the ordinance. Motion was made by Councilman Kloecker seconded by councilman Valdez that the proposed ordinance increasing councilmembers' salaries from $300.00 to $400.00 per month be introduced and published by title and summary by the following Roll call Vote: Ayes: Councilmembers: Kloecker, Morales, Rogers and valdez; Noes: Councilmembers: Gilroy, Rowlison and Gage. A recommendation to approve a planned unit Development (PUD) Design on an approximately 6.4 acre site zoned C3-PUD (Shopping Center commercial-planned unit Development), to allow the construction and development of phase V of The outlets at Gilroy on property located at 8555 West San Ysidro Avenue, north of Leavesley Road, The Glen Lorna corporation applicant, A/S 94-27 was noted. The staff Report was noted and further explained by Planning Director Dorn, noting that the Planning commission had deferred approval of the signage to the rear of the project to council for a decision on same. Director of Public Works Allen gave an update on the traffic improvements in the area. Bill Hagman, AIA of the project addressed the council and noted it was extremely important they receive approval of sign age on the rear of the buildings for identity and quality tenants. Discussion was had by council on the matter. Motion was made by councilwoman Rogers seconded by council- man valdez and not carried by the following Roll Call Vote to approve the project as recommended by staff with the exception to modify Condition #17 to not allow rear signage: Ayes: councilmem- bers: Morales, Rogers and Valdez; Noes: Councilmembers: Gilroy, Kloecker, Rowlison and Gage. Mr. craig Filice, representing Glen Lorna corporation, addressed the Council and noted the plans of the project were modified in accord with staff's recommendation, consequently requiring signage at the rear of the buildings. Motion was made by councilmember Gage seconded by council- man Gilroy and not carried by the following Roll call Vote to approve the project as recommended by staff: Ayes: Councilmem- bers: Gilroy, Rowlison and Gage; Noes: Councilmembers: Kloecker, Morales, Rogers and Valdez. Motion was made by councilmember Gage seconded by council- man Morales by the following Roll call Vote that A/S 94-27 PUD be approved and allowed to proceed: Ayes: Councilmembers: Gilroy, Morales, Rogers, Rowlison and Gage; Noes: Councilmembers: Kloecker and Valdez. 6598 A/S 94-14 Sewer Rates Golf Course Smoking Ord. Motion was made by councilmember Gage seconded by council- man Gilroy that the planned unit Development Design of A/S 94-27 be approved as recommended to include Condition #17 for Alternates of signage proposed to face the highway are to be designed to permit no more illumination than that which is necessary for visibility, and that such signage be uniform and presented to Council for their selection and directed staff to prepare a Resolution approving A/S 94-27 by the following Roll call Vote: Ayes: Councilmembers: Gilroy, Kloecker, Moral~s, Rowlison and Gage; Noes: Councilmembers: Rogers and valdez. A recommendation to approve a planned unit Development (PUD) Design Approval, for phases I through V of "carriage Hills" on 39.8 Acres zoned RI-PUD (Single Family Residential-planned unit Development) to allow the construction of 140 single Family Homes on individual lots, property located west of Rancho Hills Drive, north of Mantelli Drive, New cities Development Group, applicant, A/S 94-14 was noted. The Staff Report was noted and further explained by Planning Director Dorn. Motion was made by Councilman Kloecker seconded by councilman Morales and carried that staff be directed to prepare a resolution approving A/S 94-14 as recommended. A recommendation to revise city code section 19.85 re: sewer rates outside the city limits was noted and further explained by city Administrator Baksa. Motion was made by councilman Kloecker seconded by councilman Gilroy and carried that the title of the proposed ordinance be read and waived further reading of the ordinance. Motion was made by councilman Kloecker seconded by council- man Gilroy and carried that the proposed ordinance amending section 19.85 be introduced and published by title and summary. A recommendation on an alcoholic beverage license at the Gilroy Golf Course was noted and further explained by city Administrator Baksa and Parks & Recreation Director connelly. Mr. Bill Gates, representing Dave Bozzo, sub-contractor applicant of the proposed alcoholic beverage license at the Golf Course addressed the council further explaining their request. Motion was made by councilman Kloecker and died for lack of a second to approve use of a liquor license at the Gilroy Golf Course as presented. Motion was made by Councilman Gilroy seconded by Councilman Valdez and carried that the request for use of an alcoholic beverage license at the Gilroy Golf Course be denied at this time. A proposed Smoking Pollution control ordinance was noted and further explained by city Administrator Baksa. Acting City Attorney Faber requested the ordinance be tabled to the January 3, 1995 regular council Meeting to include changes within to conform to the state law. Motion was made by Councilman Kloecker seconded by Councilman Gilroy and carried that the Smoking Implementation plan changes as submitted be approved, noting that same would apply at the city Golf Course Building but not the Golf Course. It was noted that the revised ordinance would be presented for introduction at the January 3, 1995 regular meeting. 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 Visitors' Bureau P.& R.Com. 11-15-94 Pers.Com. 6599 Motion was made by councilman Kloecker seconded by Council- man Gilroy and carried that councilwoman Rogers be appointed as council representative to the Gilroy visitors' Bureau Advisory Board for the 1994-95 Fiscal Year as recommended by the Mayor. The following informational items were noted with no separate discussion on same: customer service: Dia F. Hoshida In Appreciation of parks & Recreation Activities; Gilroy unified School District In Appreciation of city Administrator; Inter-office Memo In Appreciation from police chief to officer Ashley and crime Prevention Officer Torres; police chief's Memo of congratulations to officer castaneda re: EI Protector Program; Nob Hill Foods In Appreciation of Recreation Service Manager, John Garcia; south valley Medical Pavilion In Appreciation of Joe Curro, local plumber and city's Assistance; Gilroy Gang Task Force In Appreciation of Nob Hill General store for Equipment Donation; Blossom valley Roods In Appreciation of Gilroy Police Department specifically officer Gallo; Carmel street Neighborhood In Appreciation of Assistance of Melissa Durkin, planner II; 1995 calendar of Meeting of santa clara county cities Association; Minutes of the Gilroy visitors' Bureau Meeting of November 10, 1994 and and Financial Statement through september 30, 1994; police Department Employees of the Month of september, 1994, officer Harrold and cpl. Becerra; Public Forum on Housing & community Development Needs of Low Income persons, December 20, 1994 - 6:00 p.m. to 8:00 p.m., council Chambers, city Hall, 7351 Rosanna street, Gilroy; state Pooled Money Investment Account policies and Procedures; and summary of Information Discussed at December 12, 1994 council study session re: storm Drain utility. The Minutes of the Parks & Recreation Commission Meeting of November 15, 1994 were noted. The Report of the personnel commission Meeting of December 12, 1994 was noted. Motion was made by Councilman Kloecker seconded by councilman Gilroy and carried that the eligibility list of part- time Custodian be abolished as recommended. city Administrator Baksa noted an update on the Water conservation Program and wished everyone a Happy Holidays. The Mayor wished everyone a Happy Holidays; councilmembers also wished everyone a Happy Holidays. 6GOO Adjrnmt. -, _";",~, ,'>;''''=.c,..,' councilwoman Rogers gave an update on the December 8, 1994 Visitors' Bureau Meeting. councilman Kloecker distributed copies of the Draft Santa clara county plan for south County Transportation presented by Supervisor Honda, noting that a presentation would be made to Council at the January 3, 1995 regular Council meeting. The Mayor noted the following: Public Forum on Housing & Community Development Needs of Low Income Persons, December 20, 1994 - 6:00 p.m. to 8:00 p.m., Council Chambers, city Hall, 7351 Rosanna street, Gilroy, CA. At 11:26 p.m. the Mayor Adjourned to Tuesday, January 3, 1995. (Noting the Regular Council Meeting of December 27, 1994 was previously cancelled by council.) Respectfully submitted, 4nne E.