Minutes 1992/06/15
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Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul
V. Kloecker, Suellen C. Rowlison, Pete Valdez, Jr., and Donald F.
The City Clerk noted that the agenda had been posted on
June 11, 1992 at 10:42 a.m.
Pastor Rich Garcia, South Valley Community Church, gave the
Invocation.
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
June 15, 1992
Gilroy, California
Roll Call
Posting
Agenda
Invocation
, '1 ;;,. 1\'
t. . ;, l' t'
Emp.Award
Consent
Calendar
Minutes
Budget
Claim
J.Watry
Res.92-41
Res.92-42
Law Suits
Imprvmt s .
Dev.Agree.
Agree.re:
Cal ID Sys
Intro.Ord.
Dev.Agree.
Gage; Absent: Councilmember: Sara C. Nelson.
The Mayor presented the Employee Award for the month of May
1992, to David Rivers, Public Safety Communicator II.
Motion was made by Councilman Kloecker seconded by Council-
man Hale that the following items under the Consent Calendar,
excluding Item "L" to be voted upon separately, be approved by
the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Hale,
Kloecker, Rowlison, Valdez and Gage; Absent: Councilmember:
Nelson:
Minutes of the Regular Council meeting of June 1, 1992;
Approved Budget Amendments/Transfers as recommended;
Denied claim of James Watry as recommended;
Adopted Resolution No. 92-41 Directing City Agencies to
Review Conflict of Interest Code;
RESOLUTION NO. 92 - 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DIRECTING
CITY AGENCIES THAT HAVE ADOPTED CONFLICT OF INTEREST CODES TO
REVIEW THOSE CODES AND REPORT BACK TO THE CITY COUNCIL AS
REQUIRED PURSUANT TO GOVERNMENT CODE, SECTION 87306(a)
PASSED AND ADOPTED this 15th day of June, 1992, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY,
VALDEZ
None
NELSON;
HALE, KLOECKER, ROWLISON,
and GAGE
Adopted Resolution No. 92-42 continued support to recommend
the transfer of Moffett Field to NASA, which is ratification of
Council action June 1, 1992;
RESOLUTION NO. 92 - 42
RESOLUTION OF THE COUNCIL OF
TRANSFER OF MOFFETT FIELD TO
PASSED AND ADOPTED this 15th
vote:
AYES:
THE CITY OF GILROY SUPPORTING THE
NASA.
day of June, 1992, by the following
COUNCILMEMBERS:
GILROY,
VALDEZ
None
NELSON;
HALE, KLOECKER, ROWLISON,
and GAGE.
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
Agreed to join as Amicus in law suits (San Bernardino
County Sheriff Employees' Benefit Assoc. v. San Bernardino County
Employees' Retirement Assoc.) (Rossmoor Community Services
District v. All Persons) as recommended by the City Attorney;
Accepted Improvements for Gilroy Redwoods Associates,
Project No. 88-46, Mantelli Drive/Kern Avenue;
Approved Development Agreement #91-23, Rena Barton, 9050
Church Street, as recommended;
Approved Fourth Amendment to Agreement to Provide Local Law
Enforcement Agency Access to the California Identification
System;
Introduced an ordinance amending the Backflow Prevention
Ordinance to be published by title and summary; and-
Approved Development Agreement #92-22, Industrial Twenty
Ventures, Mayock Road.
Discussion was had regarding the revised Risk Coverage
Pub. Hear
GPA 91-04
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Agreement with ABAG, noting that this coverage should be used for
the South County Regional Wastewater Authority.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez by the following Roll Call Vote that the
revised Risk Coverage Agreement with ABAG be approved: Ayes:
Councilmembers: Gilroy, Hale, Kloecker, Rowlison, Valdez and
Gage; Absent: Councilmember: Nelson.
(Adopted Resolution No. 92-42A)
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing to consider a General Plan
Amendment request to change the designation and density of
Gilroy's General Plan Map for approximately three acres from Low
Density Residential to Medium Density Residential for property
located at 8790Kern Avenue and the parcel to the south, steven
Nicholas and Leo Ludwig applicants, GPA 91-04.
The updated Staff Report was noted and further explained by
Senior Planner Myer.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
The following addressed the Council:
Joe Caldwell, 790 Lawrence Drive, representing the First
Baptist Church, noting that they are not in agreement with the
proposed cul-de-sac fronting their property.
Mary Garcia, 803 Lawrence Drive, representing the Committee
against the zone change, further explaining their concerns.
Mary Gomenet, 8710 Kern Avenue, opposed to the proposal
requesting that the zoning remain R1.
Peter Biaz, 8700 Kern Avenue, opposed to the proposed
rezoning, noting that he was not informed of the proposed street
pattern planned.
Anthony Coletto, 811 Eschenburg Drive, property owner of
the proposed prezoning, further explaining the proposal including
a slide presentation and handout to Council, noting that the
owners are flexible with the street pattern of the proposed plan
and that same could be modified.
Michelle Rundle, 1145 Valbusa Drive, parent of a student
attending Rod Kelley School, concerned for the safety of the
children and traffic congestion in the area. She noted that she
has a video tape and would like to show same to Council if this
hearing is scheduled to be continued. She requested Council, on
behalf of the parents of the elementary students in the vicinity,
oppose the proposed prezoning.
Michael Pierce, 8561 Amanda, noting that the streets in the
proposed prezoning area will have to be widened to accommodate
traffic in the area.
Sandy Davey, 976 Howard Avenue, inquired if surveys have
been conducted regarding the school, park and proposal for medium
and low density.
Steven Nicholas, 7165 Redwood Retreat Road, owner of the
property, noting that there is no market for R1 property and that
they have to come up with a solution to develop their property.
Christopher Nelson, 793 Lawrence Drive, noting no objection
to the subject property being developed but would rather see
Lawrence Drive being a through street with R1 development.
Dr. Joe Caldwell, representing the First Baptist church,
requesting that a consensus of the wishes of the adjacent
property owners be made prior to approving the proposed plan.
~ ~ '\ )
Pub. Hear.
Budget
Res.92-44
Hearing no further comments, the Mayor closed the Public
Hearing.
Motion was made by Councilman Valdez seconded by
Councilwoman Rowlison and carried by the following Roll Call vote
that the request be denied: Ayes: Councilmembers: Gilroy, Hale,
Rowlison, Valdez and Gage; Noes: Councilmember: Kloecker; Absent:
Councilmember: Nelson.
The Mayor stated that it was the time and place scheduled
for a Public Hearing on the 1992-1997 Financial Plan of the City
of Gilroy.
City Administrator Baksa reported on the State Legislator's
effect on the City's budget and recommended that the City's
budget be approved as reviewed by Council and further study on
the budget if necessary.
Councilman Valdez suggested that the following be notified:
newspaper, Channel 34, leaflets at Old City Hall, letter to the
editor and request for accountability on those making the
decisions regarding the state budget that will effect the City's
budget.
Penelope Karas Lockhart, 7664 Los Padres Court, addressed
the Council requesting Library funding for the Library being open
on Sundays, specifically $15,614.00 to allow the Library to be
open on Sundays from 1:00 p.m. to 5:00 p.m., for a one year trial
experiment.
Diane Tinsley, Library & Culture Commissioner, 855
Fillipelli Drive, addressed the Council requesting that the
Library Trust interest be used for funding the Library to be open
on the hours requested on Sundays. The Mayor suggested that the
Library close on those hours when the facility is not used to
capacity to allow for Sunday openings.
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 Hale seconded by Councilman
Kloecker that the reading of Resolution No. 92-43 be waived
objecting to the proposed State budget that would effect the
City's revenues and 1992-93 Budget, and that it be adopted
requesting that copies be forwarded to the City's legislators.
RESOLUTION NO. 92 - 43
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY, CALIFORNIA
OBJECTING TO THE STATE OF CALIFORNIA PROPOSED BUDGET EFFECTING
CITY'S REVENUES IN THE 1992-1993 BUDGET.
PASSED AND ADOPTED this 15th day of June, 1992, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY,
VALDEZ
None
NELSON
HALE, KLOECKER, ROWLISON,
and GAGE
Motion was made by Councilman Kloecker seconded by
Councilman Gilroy that the reading of Resolution No. 92-44 be
waived and that it be adopted, adopting the 1992-1993 Budget.
RESOLUTION NO. 92 - 44
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE
BUDGET FOR SAID CITY FOR FISCAL YEAR 1992-1993 AND APPROPRIATING
PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET.
AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, ROWLISON,
VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBER: NELSON
NOES:
ABSENT:
Contd.P.H.
Pub.Hear.
Z 91-08
Pub. Hear.
Maint. Dist.
No. 1
L' )
Appointed Councilmembers Valdez, Kloecker and Hale as a
Task Force Committee to inform the public of the state's action
on their budget that will effect the City's budget. It was noted
that Senator Mello and Assemblyman Areias will be invited to the
June 18 study Session of the Council to defend their actions
regarding the State Budget and its effect on cities.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez that the reading of Resolution No. 92-45 be
waived and that it be adopted approving the Appropriation Limits
for 1992-1993 as recommended.
RESOLUTION NO. 92 - 45
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE
APPROPRIATION LIMIT FOR 1992-1993 FISCAL YEAR.
PASSED AND ADOPTED this 15th day of June, 1992, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, HALE, KLOECKER,
VALDEZ and GAGE
None
NELSON
ROWLISON,
At 9:02 p.m. the Mayor declared a recess and reconvened the
Meeting at 9:07 p.m.
The Mayor continued the Public Hearing to consider a
Tentative Map request, The William Lyon Company and Arcadia
Development Company, TM 91-01 as requested, to the July 20, 1992
Regular Council meeting
The Mayor continued the Public Hearing to consider a
rezoning request of The William Lyon Company and Arcadia
Development Company, Z 91-10 as requested to the July 20, 1992
Regular Council Meeting.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a prezoning request on appeal to
PO (Professional Office) District for property located at 655
Cohansey Avenue, 2.436 acres, Dr. T. Gallo, et al applicant, Z
91-08.
The Staff Report was noted and further explained by
Planning Director Dorn.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Dr. T. Gallo, 8408 Wayland Lane, applicant, addressed the
Council requesting that the pre zoning be approved further
explaining the proposed plans for the property.
Ms. Gloria Ballard, MH Engineering, representing the
applicant addressed the Council further explaining the proposal.
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 Hale seconded by Councilman
Gilroy and carried that the pre zoning application be approved and
directed Staff to prepare an ordinance for introduction at the
next regular meeting.
Motion was made by Councilman Hale seconded by Councilman
Kloecker by the following Roll Call Vote to approve the Negative
Declaration for Z 91-08 as completed in compliance with CEQA, as
reflecting the independent judgement of the City: Ayes: Council-
members: Gilroy, Hale, Kloecker, Rowlison, Valdez and Gage.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider the Annual Benefit Assessment
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Res.92-46
Pub. Hear.
GPA 84-01
Pub.Hear.
Sewer Rates
J .Filice
GPA 90-07
for Maintenance District No.1, City of Gilroy (Country Estates),
1992-1993 Fiscal Year.
,
City Administrator Baksa explained the Staff Report further
explained by Director of Public Works Allen.
The Mayor 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 closed the Public Hearing.
Motion was made by Councilman Hale seconded by Councilwoman
Rowlison that the reading of Resolution No. 92-46 be waived and
that it be adopted giving final approval to the annual budget and
Engineer's Report, Overruling Protests and Ordering the Levy and
Collection of Benefit Assessments for 1992-1993.
RESOLUTION NO. 92 - 46
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGARDING
MAINTENANCE DISTRICT NO.1, CITY OF GILROY, GIVING FINAL APPROVAL
TO THE ANNUAL BUDGET AND ANNUAL ENGINEER'S REPORT, OVERRULING
PROTESTS AND ORDERING THE LEVY AND COLLECTION OF BENEFIT
ASSESSMENTS FOR THE FISCAL YEAR 1992-1993.
PASSED AND ADOPTED this 15th day of June, 1992, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, HALE, KLOECKER,
VALDEZ and GAGE
None
NELSON
ROWLISON,
The Mayor stated that it was the time and place scheduled
to consider a General Plan Amendment request of the City of
Gilroy to adopt a new Circulation and Air Quality Element to its
General Plan, and proposing a City-wide Traffic Impact Fee for
new development, GPA 84-01, City of Gilroy, Applicant.
City Administrator Baksa presented a request of the
Building Industry Association requesting that the matter of
Traffic Impact Fees be continued for a thirty day period.
The Staff Report was noted and further explained by
Planning Director Dorn. Discussion was had by Council on the
proposal. Discussion was had regarding eliminating Monterey at
Leavesley, Tenth, Sixth and Thomas from Grade Separations as
proposed.
The Mayor asked if there was anyone in the audience wishing
to speak on the proposal. There was no comment from anyone in
the audience. The Mayor closed the Public Hearing and continued
Council Action on the matter to their July 20, 1992 Regular
meeting.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider revision and adjustment of
rates and charges for municipal sewer service and recommended by
the bond consultants to continue this Public Hearing to June 29,
1992. The Mayor continued the Public Hearing to a June 29, 1992
meeting as recommended by the bond consultants.
Council set June 18, 1992 at 7:30 p.m. as a Study Session
to discuss with bond consultants the municipal sewer service
rates and adjustments, including bonding for Gilroy/Morgan Hill
Longterm Wastewater Facilities, requesting that said meeting not
be televised.
Agreed to adjourn this meeting to June 29, 1992 for action
regarding the Municipal Sewer Service rates and charges and a
Study Session to follow the adjourned regular meeting to discuss
sidewalk options regarding City v property owner's responsibility
for maintenance of same.
Motion was made by Councilwoman Rowlison seconded by
Councilman Hale that the reading of a resolution approving the
Intro.Ord.
re:Parks
Res.82-47
G.Jackson
Bus Yd.
;j'"
General Plan Amendment request of J. Filice & Sons, GPA 90-07 be
waived and that it be adopted by the following Roll Call Vote:
Ayes: Councilmembers: Hale, Rowlison and Gage; Noes: Council-
members: Gilroy, Kloecker and Valdez; Absent: Councilmember:
Nelson. It was noted that the matter would be reagendized on
June 29, 1992 in anticipation of all Councilmembers present.
Motion was made by Councilwoman Rowlison seconded by
Councilman Kloecker and carried that the title of the ordinance
pertaining to glass beverage containers in City Parks be read.
The City Clerk read the title of the ordinance.
Motion was made by Councilwoman Rowlison seconded by
Councilman Valdez and carried that the ordinance be introduced
and published by title and summary.
Motion was made by Councilman Gilroy seconded by Councilman
Hale that the title of Resolution No. 92-47 approving reorganiza-
tion proceedings of Terri Court/Cohansey Avenue Reorganization
91-03, containing 2.436 acres be read and that it be adopted,
noting 100% consent, no pubic hearing required.
RESOLUTION NO. 92 - 47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING
THE REORGANIZATION OF APPROXIMATELY 2.436 ACRES OF LAND ON THE
NORTH SIDE OF COHANSEY AVENUE, AT TERRI COURT, ANNEXATION TO THE
CITY OF GILROY AND DETACHMENT FROM THE SOUTH SANTA CLARA COUNTY
FIRE DISTRICT TERRI COURT/COHANSEY AVENUE REORGANIZATION 91-03).
PASSED AND ADOPTED this 15th day of June, 1992, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY,
VALDEZ
None
NELSON
HALE, KLOECKER, ROWLISON,
and GAGE
Ms. Loretta Springer, 1600, Decker Avenue, San Martin,
representing Santa Clara County Transit District Gladys Jackson
Division (South Yard) Employees and Gilroy/South County residents
re: threatened closure of Gladys Jackson Division by the Transit
District, addressed the Council.
Councilman Kloecker agreed to write a letter of support for
the Mayor on behalf of the City Council and further agreed to
notify the Morgan Hill City Council of the City'S actions
regarding this matter. Ms. Springer further requested that each
individual Councilperson contact the Board of Supervisors
requesting that the Gladys Jackson Yard remain open.
The following informational items were noted with no
separate discussion on same unless otherwise indicated:
Correspondence re: Regional Government/Governance:
Senator Mello re: Revised Version of SB 797 (Morgan).
Councilman Hale agreed to write a letter to Senator Mello under
the Mayor'S signature indicating the City'S response to the
revised version of SB 797;
Customer Service:
Ed Keaveney re: Gilroy Golf Course;
Louise Santana re: City of Gilroy'S Customer Service;
Gilroy Hispanic Chamber of Commerce in Appreciation;
Inter-Office Memo In Appreciation;
Chief of Police Commending City Employees;
The Modern Transit Society re: Transportation Initiative;
1 ~ 1
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Plan. Com.
6-4-92
Pers.Com.
5-18-92
JPA
5-12-92
Oakley Chamber of Commerce, Contra Costa County re: Smoking
Ban Campaign;
Correspondence re: Proposed Increase in Landfill Business
Tax by the City of San Jose:
City of Monte Sereno; City of Santa Clara; Town of Los
Gatos; City of Mountain View; Town of Los Altos Hills; City of
Sunnyvale; and City of Mountain View additional Correspondence;
County of Santa Clara Advance Planning Office Info, Issue
#92-4, April 16, 1992;
Laurel Maloney in appreciation of City addressing various
issues;
Proclamation Issued by Mayor Gage: 46th Anniversary of the
Founding of the Italian Republic;
City's response re: Bay Area Air Quality Management
District Draft Rule;
Chief of Police in appreciation of Development of a Youth
Gang Unit;
Santa Clara County Manufacturing Group re: Appointment of
Local Transportation Authority Members;
City's Response to Assemblyman Areias and Senator Mello re:
Local Government Working Group Options;
City in appreciation of Goldsmith seeds, Inc. and Wright
Iris Nursery for planting in the Downtown and Civic Center Areas;
Certificate of Service to Alex E. Lopez for Gilroy Post 217
Law Officer; and
Supervisor Dianne McKenna re: Seventh Annual Celebration of
California Rideshare Week and "Beat the Back-Up Day" September
17, 1992.
Noted the Report of the Planning Commission Meeting of
June 4, 1992.
Noted the Personnel Commission Report of their Meeting of
May 18, 1992.
Motion was made by Councilman Kloecker seconded by
Councilman Hale and carried that the Alcohol and Controlled
Substance Abuse Policy for Miscellaneous Union Employees only be
approved as recommended.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that the job description for Junior
Staff Accountant and Human Resources Analyst be approved as
recommended.
The Minutes of the Joint Powers Sewer Advisory Committee
Meeting of May 12, 1992 were noted.
City Administrator Baksa noted the update on the Water
conservation Program.
City Administrator Baksa distributed the Newsletter of the
Uvas Creek Park Preserve Task Force Bulletin No.1, June 11,
1992.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that Councilmembers: Gage, Hale and
Kloecker be appointed as representatives to the South County
Regional Wastewater Authority.
USA
Adjrnmt.
i; ," i:i
City Administrator Baksa distributed a Time Schedule of J.
P. Morgan for Issuing Bonds for the Wastewater Treatment Plant
Facility.
Council agreed that the City should continue charging $2.00
for the Water Conservation Kits.
City Administrator Baksa distributed reimbursement forms to
Councilmembers.
The City Attorney reported on the County General Plan
Amendment/Urban Limit Line, noting that the County can set same
only with cooperation of the City.
Councilman Hale noted that the Santa Clara County Cities
Association representatives to ABAG are Dennis Spangler, Los
Altos and Councilman Kloecker.
Councilman Hale noted that their LAFCO representative is
Penny Lave, Los Altos.
Councilman Hale noted that their representative to the
County General Plan Review Committee is Lauralee Sorensen,
Cupertino.
It was noted that representative on Measure T Committee
will be selected June 25 at Monte Sereno City Hall.
Councilman Kloecker noted that he, Nick Sabo, Milpitas and
Karen Anderson, Saratoga have been nominated as representatives
on Measure A, Traffic Authority and that he intends to forward a
letter requesting appointment to same, as South County has not
had a representative on this Committee.
Councilman Hale noted that the City of Campbell has invited
Gilroy to join the Local Diversion Program and request to oppose
Legislation 2409 and he will forward opposition to same by
letter.
The following meetings were noted:
Joint City Council/Planning Commission Study Sessions, June
22, 1992 and July 27, 1992 - 7:00 p.m., Gilroy Senior Center re:
Discussion of General Plan policies for the Land Use Element;
City of Gilroy Leadership Forums, Gilroy Senior Center
meeting Room, 7:30 a.m. to 9:00 a.m., July 16, 1992; September
17, 1992 and November 19, 1992;
Annual Employees'/Council/Commission Barbecue, August 15,
1992, Christmas Hill Park.
At 11:05 p.m. the Mayor adjourned the meeting to an
adjourned regular meeting of the Council.
Respectfully submitted,
4~~0<vl8