Minutes 1994/01/18
Invocation
posting
Agenda
Roll Call
Emp.Award
cert.of Sere
Consent
Calendar
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Regular Meeting
January 18, 1994
Gilroy, california
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Lee Neish, united Methodist Church, gave the
Invocation.
The city clerk noted that the Agenda had been posted on
January 13, 1994 at 8:36 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 presented the Employee of the Month of December,
1993 Award to Bob Elia, superintendent - Water Division, Public
Works.
The Mayor presented certificates of service to the
following retired commissioners: Patricia Golden, Personnel and
Frank Romero, Planning. He noted that Jeanne Gage, Parks &
Recreation, was unable to attend and that he would give her the
certificate. others unable to attend: Skip Pridham, Handicapped
Board of Appeals, and Gilbert Love, Building Board of Appeals.
Motion was made by councilman Kloecker, seconded by Coun-
cilwoman Rowlison 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:
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Budget
pub.safety
Fund
Minutes
ISTEA Grant
Res. 94-4
Invest.Policy
N.Forest
st. Bonds
Res.94-5
Res.94-6
Res.94-7
Res.94-8
Approved Budget Amendments/Transfers as recommended;
Established prop. 172, sales Tax-Public Safety Fund as
recommended;
Approved the Minutes of the Regular council Meeting of
January 3, 1994;
Adopted Resolution No. 94-4 for the ISTEA Grant Application
for renovation of the Gilroy Train Depot as recommended;
RESOLUTION NO. 94 - 4
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING
THE CITY ADMINISTRATOR OR HIS DESIGNEE TO FILE AN APPLICATION FOR
FEDERAL ENHANCEMENTS PROGRAM FUNDING FOR $103,000 TO REHABILITATE
THE GILROY SPRR TRAIN DEPOT. THIS RESOLUTION COMMITS THE NECES-
SARY LOCAL MATCH FOR THE PROJECT AND ALSO STATES THE ASSURANCE OF
THE CITY OF GILROY TO COMPLETE THE PROJECT.
PASSED AND ADOPTED this 18th day of January, 1994, by the
following vote:
AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Approved 1994 Investment Policy for city of Gilroy, as recom-
mended.d d h f 11' l' d 1 f h
A opte t e 0 oW1ng Reso ut10ns re: Bon Sa e or Nort
Forest street Assessment District:
Resolution No. 94 - 5 Determining Assessments Remaining
Unpaid;
RESOLUTION NO. 94 - 5
RESOLUTION DETERMINING ASSESSMENTS REMAINING UNPAID - NORTH
FOREST STREET ASSESSMENT DISTRICT - CITY OF GILROY.
PASSED AND ADOPTED this 18th day of January, 1994, by the
following vote:
AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
..ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
NOES:
ABSENT:
Resolution No. 94-6 Approving paying Agent/Registrar
Agreement with Bank of America NT & SA;
RESOLUTION NO. 94 - 6
RESOLUTION APPROVING PAYING AGENT/REGISTRAR AGREEMENT WITH BANK
OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION - NORTH FOREST
STREET ASSESSMENT DISTRICT - CITY OF GILROY.
PASSED AND ADOPTED this 18th day of January, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Resolution No. 94-7 Authorizing Issuance of Bonds;
RESOLUTION NO. 94 - 7
RESOLUTION AUTHORIZING ISSUANCE OF BONDS - NORTH FOREST STREET
ASSESSMENT DISTRICT - CITY OF GILROY.
PASSED AND ADOPTED this 18th day of January, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Resolution No. 94-8 Approving preliminary official
Statement;
Res.94-9
Res.94-10
Res.94-11
Dev.Agree.
pub.Hear.
GPA 92-06
RESOLUTION NO. 94 - 8
RESOLUTION APPROVING PRELIMINARY OFFICIAL STATEMENT - NORTH
FOREST STREET ASSESSMENT DISTRICT - CITY OF GILROY.
PASSED AND ADOPTED this 18th day of January, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
NOES:
ABSENT:
Resolution No. 94-9 ordering Sale of Bonds;
RESOLUTION NO. 94 - 9
RESOLUTION ORDERING SALE OF BONDS - NORTH FOREST STREET
ASSESSMENT DISTRICT - CITY OF GILROY.
PASSED AND ADOPTED this 18th day of January, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None;
ROGERS,
Resolution No. 94-10 Awarding Contract;
RESOLUTION NO. 94 -10
RESOLUTION AWARDING CONTRACT - NORTH FOREST STREET ASSESSMENT
DISTRICT - CITY OF GILROY.
PASSED AND ADOPTED this 18th day of January, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
Resolution No. 94-11 Authorizing Change Orders.
RESOLUTION NO. 94 - 11
RESOLUTION AUTHORIZING CHANGE ORDERS - NORTH FOREST STREET
ASSESSMENT DISTRICT - CITY OF GILROY.
PASSED AND ADOPTED this 18th day of January, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None.
ROGERS,
Approved Deferred Development Agreement #94-02, Health
Dimensions, Inc. as recommended.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider a General plan Amendment
request to amend the General Plan Map to include 169.5 acres
within the 20 Year plan Area, for property located east of
Highway 101, south of Highway 152, and north of Souths ide Drive,
Thomas J. obata & Tom S. obata, applicants. (GPA 92-06).
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 matter.
Mr. Lee weider, 550 Hamilton, ste. 307, Palo Alto,
addressed the Council representing the applicants, noting that
they concur with the staff's recommendations and all mitigation
measures within the EIR.
Discussion was had by council on the matter.
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Res.94-12
old city
Hall
RDO Agree.
The Mayor asked if there was anyone further in the audience
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 Gilroy seconded by councilman
Kloecker and carried that the EIR be certified as completed in
compliance with CEQA and reflecting the independent judgement of
the city, and adopting a statement of overriding considerations
and specific findings.
Motion was made by councilman Kloecker seconded by
Councilman Gilroy that the reading of Resolution No. 94-12 be
waived and that it be adopted.
RESOLUTION NO. 94 - 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
GPA 92-06, AMENDING THE GENERAL PLAN MAP TO ADD 169.5 ACRES,
COMPRISING PORTIONS OF PARCELS 841-17-067, 069 AND 070 AND ALL OF
PARCEL 841-17-043, TO THE 20-YEAR PLANNING AREA, MAKING FINDINGS
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A
STATEMENT OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING
PROGRAM.
PASSED AND ADOPTED this 18th day of January, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
COUNCILMEMBERS:
COUNCILMEMBERS:
An updated report on the old city Hall Lease options, etc.
was noted and further explained by city Administrator Baksa and
planning Director Dorn.
A letter from steve Andrade re: relocation of the Museum
was noted.
Mr. Russ Hendrickson, 6905 Redwood Retreat Road, prior
lessee of the old city Hall, addressed the Council requesting
that he be reinstated as lessee of the old city Hall Building and
thanked the public and others for support.
The following addressed the Council in favor of renewing
the lease with Russ Hendrickson: Rod pintello, 9250 Jackarella
Way; Bob segal, 9555 Santa Teresa; Steve Andrade, 711 W. 9th
street; Paul Myrvold, 8601 Delta Drive; phil Buchanan, 4401
Miller Avenue; sharon Albert, P. O. Box 934, Gilroy; Russ
Hendrickson, requesting first right in negotiating for the old
city Hall Lease; Francis Wang, 15230 welburn Avenue; and Jennie
Bono, 4141 Canada Road.
Discussion was had by council on the matter.
Motion was made by councilwoman Rowlison
councilman Gilroy and carried by the following
that staff be authorized to work and negotiate
Nancy Hendrickson for the old city Hall Lease.
members: Gilroy, Morales, Rogers, Rowlison and
councilmembers: Kloecker and Valdez.
seconded by
Roll Call Vote
with Russ and
Ayes: council-
Gage; Noes:
Councilwoman Rowlison requested that the annual Art show of
the Library & culture commission be a part of the negotiations.
A recommendation to approve the Residential Development
Ordinance Performance Agreement was noted and further explained
by city Administrator Baksa and the city Attorney.
Discussion was had by Council on the matter.
Motion was made by Councilman Kloecker seconded by
Councilman valdez and carried that the Residential Development
Ordinance Performance Agreement be approved as presented with the
Unif.Fire
Code
Res.94-13
San Martin
project
Falcon
Cable
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condition that the agreements are referred to Council for final
approval. Councilwoman Rowlison voted "no" on the motion.
A recommendation to amend the 1991 Edition of the uniform
Fire Code was noted and further explained by Assistant Fire Chief
Ledesma.
Motion was made by Councilman Kloecker seconded by
councilman Morales that the reading of Resolution No. 94-13 be
waived and that it be adopted.
RESOLUTION NO. 94 - 13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING
THE UNIFORM FIRE CODE, 1991 EDITION, ADDING APPENDIX II-F AS
AMENDED.
PASSED AND ADOPTED this 18th day of January, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Mr. Charles Moore, 4845 Felter Road, Milpitas, addressed
the council announcing his candidacy for supervisor of District
#1 and distributed information to Council.
Mr. Hart Rumbolz, accompanying Mr. Moore, 2921 Miles Drive,
Santa Clara, addressed the council noting their recommendation
that a WBTA Board be established to work with BART Board for an
excellent, cohesive Regional Transit District.
The Mayor asked if there was anyone further in the audience
wishing to speak on any matter not on the agenda. There was no
comment from anyone in the audience.
A request of South county Housing for support of their
application to the county for CDBG and HOME Funding for the San
Martin Family Living Center Renovation and Expansion project was
noted and continued to the January 24, 1994 regular council
meeting at the request of south county Housing.
A letter from Rick Blangiardi, KPIX 5, re: cancellation of
their station from Falcon Cable TV programing was noted.
The Mayor asked if there was anyone in the audience
representing KPIX, ChannelS. There was no comment from anyone
in the audience.
A response from Falcon Cable to the KPIX letter was noted
and further explained by Bruce williams, Regional Manager of
Falcon Cable.
The Mayor noted that the city of Gilroy does not have the
authority to regulate Falcon Cable's programing.
At 9:00 p.m. the Mayor declared a Recess in order to change
the video tape and reconvened the meeting at 9:06 p.m.
The following informational items were noted with no
separate discussion on same:
correspondence re: 1993 State Budget:
League of California cities re: Governor wilson's proposed
Budget Impact on cities;
Customer Service:
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'f'dli.ool
Plan.com.
1-6-94
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T/) e Forest
project
RDO
SCRWA
Police Department Inter-office Memorandum in Appreciation
re: Gilroy Gang Task Fund Raiser;
city of Morgan Hill In Appreciation for support staff Brown
Bag Information;
Gilroy Energy Company In Appreciation of the city's
Building Division;
Police chief Recognizing Gilroy school District Employee;
concerned citizen In Appreciation of Parks Department
Response;
Police chief In Appreciation of Tae Kwon Do Karate club's
Donation;
Mark Sanchez In Appreciation to Planning Department;
Discontinuation of all 1984 Measure A completion Plan
preliminary Design Activities;
status of the city's Long-Range Applications;
Monthly cash and Investments Reports, october 31, 1993 and
November 30, 1993;
Public Information Technician re: Falcon Cable complaint
Form;
AB 102; Administration Fee for collecting Sales Tax;
Bay Area Poll Newsletter, December 1993;
League of california Legislative Bulletin, January 7, 1994;
ABAG Projections '94;
Proclamation Issued by Mayor Gage: vietnamese Community
Week - February 6 through February 13, 1994;
Santa clara county Info re: "How to Survive in Meetings";
HIV and AIDS Forum January 24, 1994 - 6:00 p.m. to 7:30
p.m., Billy De Frank center, San Jose re: AIDS Program Goals.
The Report of the Planning commission Meeting of January
6, 1994 was noted.
A recommendation to reinstate four sewer allocations to"The
Forest " project, W. J. Hanna, applicant, was noted and
further explained by Planning Director Dorn.
Motion was made by councilman Kloecker seconded by council-
woman Rogers and carried to reinstate four sewer allocations to
"The Forest I' project, W. J. Hanna, applicant, and that same
be approved as recommended.
A recommendation to approve interpretation of section 50.62
(b) (1) of the Residential Development Ordinance (RDO) was noted
and further explained by Planning Director Dorn.
council agreed that they would approve the recommendation
pending receipt of a report that would indicate how often it is
used and not abused and remove "sub" from the section that deals
only with exemptions. planning Director Dorn noted that he would
bring back the revisions to council next month.
The Minutes of the south county Regional Wastewater
Authority Meeting of December 14, 1993 were noted.
city Administrator Baksa noted an update on Water
Conservation Program.
council
Retreat
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city Administrator Baksa noted a report of Youth Programs
in Gilroy.
council set a city/School Liaison committee Meeting for
February 3, 1994 at the Gilroy school District Board Room.
city Administrator Baksa distributed copies of the city's
current smoking ordinance to council.
city Administrator Baksa noted a report on sewer services
outside the city limits included in the packet to be agendized
January 24, 1994.
city Administrator Baksa requested council return their
surveys for use at the council/Manager Retreat.
The city Attorney noted a request of the city of pittsburg
to join as Amicus: No More Garbaqe in pittsburq committee v.
Lillian Pride, et al, (A063237 and A063238).
Motion was made by councilman Kloecker seconded by
councilwoman_Rogers and carried that the request of the city of
pittsburg to join as Amicus be approved as recommended.
The city Attorney noted a request for Amicus support:
County of San Bernardino and Inland counties Emerqencv Medical
Aqencv. et ale v. city of San Bernardino. et ale
Motion was made by councilman Kloecker seconded by
councilman Gilroy and carried that the request to join Amicus
with the county of San Bernardino and Inland counties Emergency
Medical Agency, et al v. city of San Bernardino, et al be
approved as recommended.
The Mayor noted a successful event - clean-Up Day, January
15, 1994 at the old P.G. & E. Building.
The Mayor noted an invitation to council for the wheeler
Manor opening - $4.50 M-Fr and noted they are seeking sponsors
for future events.
councilman Kloecker explained the offer of the odd Fellow
Rebekah children's Home for the council/Manager's Retreat.
Motion was made by councilman Kloecker seconded by
councilman Valdez and carried to change the location of the
council/Manager's Retreat and accept the offer of The odd Fellow
Rebekah children's Home. councilmembers: Gilroy, Rowlison and
Gage voted "no" on the motion.
councilman Kloecker reported on a League of california
cities Environmental Quality Meeting re: CEQA reform.
councilman Kloecker noted AB 398 re: Regional Government to
be agendized and requested input from the planning Department.
councilman Kloecker noted he was recently appointed to a
Transportation committee for CMA and due to a conflict with ABAG
commitments on the same evenings (Thursdays-1 per mo.) inquired
if any other councilmember would volunteer for same. He noted
that they will meet at the Metro center in San Jose and the
committee consists of a councilperson from each city to deal with
transportation and planning issues and noted that this is an
important position as eventually the committee will be "the
Transportation Planning and the Land Use Agency".
councilwoman Rogers noted that she would check with
councilman Kloecker on the required duties.
councilman Kloecker requested that the Quarterly Reports
provide the backlogs of the RDO as an update.
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Adjrnmt.
councilwoman Rogers gave an update on the Gilroy visitors'
Bureau Meeting.
The Mayor noted the following:
Leadership Forum, January 20, 1994 - 7:30 a.m. to 9:00
a.m., Gilroy senior center, 7371 Hanna st., Gilroy, CA 95020; and
city council/Manager Retreat, January 28, 1994 at 7:00 p.m.
to 10:00 p.m.; January 29, 1994 - 8:00 a.m. to 5:00 p.m., The
I.O.O.F. Rebekah children's Home, 290 I.O.O.F. Avenue, Gilroy, CA
95020.
At 9:55 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
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ci ty clerk ' --