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Minutes 1991/12/16 I' r~'!."}I n~. ,''''~ Invocation Posting Agenda Roll New Emp. Consent Calendar Minutes Budget Regular Meeting December 16, 1991 The Mayor led the Pledge of Allegiance to the Flag. Pastor Eric Smith, South Valley Community Church, gave the Invocation in remembrance and memory of the service of Rafael Jess Paredes, Planning Commissioner deceased. The City Clerk noted that the Agenda had been posted on December 12, 1991 at 9:45 a.m. Present: Councilmembers: Mike Gilroy, Paul V. Kloecker, Leonard A. Hale, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage; Absent: Councilmember: Sara C. Nelson. The Mayor introduced new employee: Donald Nunes, Associate Civil Engineer. Motion was made by Councilman Hale seconded by Councilwoman Rowlison that the following items under the Consent Calendar be approved as recommended by the following Roll Call Vote: Ayes: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Pete Valdez, Jr. and Donald F. Gage; Absent: Councilmember: Nelson: Approved the Minutes of the Regular Council Meeting of December 2, 1991; Approved Budget Amendments/Transfers as recommended; Ord.91-23 Res.91-73 Claim- L.Gayton Res.91-74 Res.91-75 f, ~ 11,. ) , ;~) Adopted Ordinance No. 91-23 Amending Title and Sections of Article X pertaining to Director and Department of personnel/ Risk Manager, previously introduced December 2, 1991 and published by title and summary; OROINANCE NO. 91 - 23 AN OROINANCE OF THE CITY OF GILROY AMENDING THE TITLE AND CERTAIN SECTIONS OF ARTICLE X OF THE GILROY CITY CODE. PASSED AND ADOPTED this 16th day of December, 1991, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GILROY, HALE, KLOECKER, VALDEZ and GAGE None NELSON; ROWLISON, Adopted Resolution No. 91-73 Declaring Certain Weeds Growing 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, setting January 6, 1992 as a Public Hearing when objections to the proposed destruc- tion or removal of said weeds shall be heard and given due consideration; RESOLUTION NO. 91 - 73 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS GROWING 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 16th day of December, 1991, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GILROY, HALE, KLOECKER, VALDEZ and GAGE None NELSON; ROWLISON, Denied Claim of Lucy Gayton as recommended; Adopted Resolution No. 91-74 Approving 1992 Salary Schedule for Fire, Police and Management per M.O.U's; RESOLUTION NO. 91 - 74 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING 1992 SALARY SCHEDULES FOR FIRE, POLICE AND MANAGEMENT PERSONNEL. PASSED AND ADOPTED this 16th day of December, 1991, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GILROY, HALE, KLOECKER, VALDEZ and GAGE None NELSON; ROWLISON, Adopted Resolution No. 91-75 Establishing an Eligible Retirement System for its Part-time, Seasonal and Temporary (PST) Employees in order to meet the requirements of the Omnibus Budget Reconciliation Act (OBRA) of 1990; RESOLUTION NO. 91 - 75 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY, CALIFORNIA TO ESTABLISH AN ELIGIBLE RETIREMENT SYSTEM FOR ITS PART-TIME, SEASONAL, AND TEMPORARY (PST) EMPLOYEES IN OROER TO MEET THE REQUIREMENTS OF THE OMNIBUS BUDGET RECONCILIATION ACT (OBRA) OF 1990. PASSED AND ADOPTED this 16th day of December, 1991, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GILROY, HALE, KLOECKER, VALDEZ and GAGE None NELSON ROWLISON, I "I. ~ ~" 1 Imprvrnts. Res.91-76 Audit Equipment Pub.Hear. GPA 91-02 Accepted Improvements for Wastewater Treatment Plant Site Earthwork, Project 1991-05 and I.P.S. Wet Well Improvements, Project 1989-01; and Adopted Resolution No. 91-76 Authorizing Installation of Four-Way stop Signs at Arroyo Circle and Camino Arroyo as recommended. RESOLUTION NO. 91 - 76 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING ARROYO CIRCLE AS A STOP STREET AND CREATING A FOUR-WAY STOP AT THE INTERSECTION OF ARROYO CIRCLE AND CAMINO ARROYO IN THE CITY OF GILROY. PASSED AND ADOPTED this 16th day of December, 1991, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, HALE, KLOECKER, VALDEZ and GAGE None NELSON ROWLISON, COUNCILMEMBERS: COUNCILMEMBER: City Administrator Baksa presented and explained a recommendation on a proposal to extend the contract to audit the financial statements of the City for the next two fiscal years with Conrad & Associates. Motion was made by Councilman Kloecker seconded by Council- woman Rowlison and carried that the proposal to extend the contract to audit the financial statements of the City for the next two fiscal years with Conrad & Associates be approved as recommended. City Administrator Baksa presented and explained a recommendation to approve the bid of Environmental System Products, Inc. in the amount of $12,443.38 for an emission analyzer for the Vehicle Maintenance Division. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that the bid of Environmental System Products, Inc. in the amount of $12,443.38 for an emission analyzer for the Vehicle Maintenance Division be approved as recommended. City Administrator Baksa presented and explained a recommendation to approve the bid of Mission Valley Ford in the amount of $14,835.67 for a pickup and a service body for the Street Division. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that the bid of Mission Valley Ford in the amount of $14,835.67 for a pickup and a service body for the Street Division be approved as recommended. City Administrator Baksa presented and explained a recommendation to approve the purchase of a used Isuzu vehicle from Hengehold Motor Company in the amount of $8,995.00. Motion was made by Councilman Kloecker seconded by Councilman Valdez by the following Roll Call Vote that the bid of Hengehold Motor Company in the amount of $8,995.00 for a used Isuzu vehicle be approved as recommended: Ayes: Councilmembers: Kloecker, Rowlison, Valdez and Gage; Noes: Councilmembers: Gilroy and Hale; Absent: Councilmember: Nelson. The Mayor stated that it was the time and place scheduled for the continued Public Hearing to Consider a General Plan Text Amendment to include Section 17, "Rural/Urban Land Uses" into the existing South County Joint Area Plan, City of Gilroy, Applicant, GPA 91-02. Res.#91-77 Contd.P.H. GPA 91-04 Pub.Hear. GPA 91-05 Res.91-78 f '\' ". , ..:; The Staff Report was noted and further explained by Senior Planner Myer. 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. Motion was made by Councilman Kloecker seconded by Councilman Valdez that the reading of Resolution No. 91-77 be waived and that it be adopted approving General Plan Amendment 91-02. RESOLUTION NO. 91 - 77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GPA 91-02, AMENDING THE TEXT OF THE GENERAL PLAN OF THE CITY OF GILROY TO INCLUDE SECTION 17, RURAL/URBAN LAND USE IN THE EXIST- ING SOUTH COUNTY JOINT AREA PLAN AND TO ADOPT THE RURAL/URBAN LAND USE IMPLEMENTATION PROGRAM. PASSED AND ADOPTED this 16th day of December, 1991, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, HALE, KLOECKER, VALDEZ and GAGE None NELSON ROWLISON, COUNCILMEMBERS: COUNCILMEMBER: The Mayor continued the Public Hearing to consider a General Plan Amendment request of steven Nicholas and Leo Ludwig, GPA 91-04 to change the designation and density on Gilroy'S General Plan Map for approximately three (3) acres from Low- Density Residential to Medium Density Residential, located at 8790 Kern Avenue and a parcel to the south, to June 15, 1992 requested by the applicant. The Mayor stated that it was the time and place scheduled to consider a General Plan Amendment request of Santa Teresa Associates, GPA 91-05 to change the designation on Gilroy'S General Plan Map to add approximately 75.6 acres within the 20 Year Planning Area, located east of Santa Teresa Boulevard, north of Mesa Road. The 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. Ms. Gloria Ballard, MH Engineering, addre~ed the Council representing the lands of Kerley noting that the five (5) mitigation measures were accepted by the owners. 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. Councilman Hale requested that mitigation #1 include "If the Gilroy Unified school District and the Citv of Gilroy" determines that the project will impact, etc. etc. Gloria Ballard stated that the change in the wording of Mitigation Measure #1 is acceptable with the applicant. Motion was made by Councilman Valdez seconded by Councilman Kloecker that the reading of Resolution No. 91-78 be waived and that it be adopted approving General Plan Amendment 91-05 with mitigation measures as amended. RESOLUTION NO. 91 - 78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GPA 91-05, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GILROY TO ADD APPROXIMATELY 75.6 ACRES EAST OF SANTA TERESA BOULEVARD, 1< . " ; 1 ~} Pub. Hear. GPA 91-06 Pub.Hear. GPA 91-07 NORTH OF MESA ROAD WITHIN THE TWENTY-YEAR PLANNING AREA. PASSED AND ADOPTED this 16th day of December, 1991, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY. HALE, KLOECKER, VALDEZ and GAGE None NELSON ROWLISON, COUNCILMEMBERS: COUNCILMEMBER: The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a General Plan Amendment Request of James and Anne Lenihan, GPA 91-06 to change the designation and density on Gilroy's General Plan Map for approximately 9.03 acres, from Park/Public Facility to Low Density Residential, located on Santa Teresa Boulevard east of Longmeadow Drive. The Staff Report was noted and further explained by Senior Planner Myer. Council requested that Mitigation Measure #1 be amended to include "If the Gilroy Unified School District and the City of Gilroy" determines that the project will impact, etc. etc. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. James Lenihan, owner, addressed the Council further explaining his request for a General Plan amendment. 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 Councilwoman Rowlison to accept the Staff Report and deny the General Plan Amendment request. (Substitute motion was made and carried. See below.) The City Attorney read the Staff recommendation for denial. A substitute motion was made by Councilman Valdez seconded by Councilman Gilroy and carried that the Council action on General Plan Amendment 91-06 be tabled to the January 6, 1992 regular meeting to determine the Gilroy Unified School District plans relative to the Lenihan property on Santa Teresa Boulevard. The Mayor stated that it was the time and place scheduled to consider a General Plan Amendment request of Carlo and Evelyn Pedron, GPA 91-07 to change Gilroy's General Plan Map from No Designation to Professional Office and inclusion within the 20 Year Planning Area, located at the northeast corner of Cohansey Avenue and No Name Uno, on approximately 5.68 acres. The 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. Carlo Pedron, 5530 Amby Drive, San Jose, addressed the Council further explaining his request and letter distributed to Council requesting approval of the General Plan Amendment. 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 Public Hearing. Motion was made by Councilman Kloecker seconded by Councilman Valdez that the reading of Resolution No. 91-79 be waived and that it be adopted denying General Plan Amendment 91- 07. Res.91-79 Pub.Hear. GPA 91-08 Res.91-80 Pub.Hear. GPA 91-09 { ;' ! "'/ i' RESOLUTION NO. 91 - 79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DENYING GPA 91-07, WHICH PROPOSED TO AMEND THE GENERAL PLAN MAP OF THE CITY OF GILROY TO INCLUDE LANDS AT COHANSEY AVENUE AND NO NAME UNO WITHIN THE TWENTY-YEAR PLANNING AREA, AND TO DESIGNATE THOSE LANDS PROFESSIONAL OFFICE. PASSED AND ADOPTED this 16th day of December, 1991, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, GAGE HALE NELSON KLOECKER, ROWLISON, VALDEZ and COUNCILMEMBER: COUNCILMEMBER: The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a General Plan Amendment request of Dewey and Hazel Hewell, GPA 91-08 to change the designation and density on Gilroy's General Plan Map for approximately 1.77 acres from Low Density Residential to Medium Density Residential, located on the west side of Church Street, north of Liman Avenue. The 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. Ms. Gloria Ballard, MH Engineering, addressed the Council representing the owner and further explained the request. 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 Public Hearing. Motion was made by Councilman Kloecker seconded by Councilman Hale that the reading of Resolution NO 91-80 be waived and that it be adopted approving GPA 91-08. RESOLUTION NO. 91 - 80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GPA 91-08, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GILROY TO CHANGE THE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON APPROXIMATELY 1.77 ACRES ON THE WEST SIDE OF CHURCH STREET, NORTH OF LlMAN AVENUE. PASSED AND ADOPTED this 16th day of December, 1991, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, HALE, KLOECKER, VALDEZ and GAGE None NELSON ROWLISON, COUNCILMEMBERS: COUNCILMEMBER: The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a General Plan Amendment request of Marko and Nick Gera, GPA 91-09 to change the designa- tion and density on Gilroy's General Plan Map for approximately 2.72 acres from Local Commercial to Medium Density Residential located on Eigleberry Street, between Sixth and Seventh Streets. The 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. Mr. Nick Gera, 236 Carmelita Drive, Carmel, addressed the Council and further explained their General Plan Amendment request. Mr. Jim Simoni, property owner in the area, addressed the Council noting that he is not opposed to the proposed project for GPA 91-09 but objected to potential elimination of commercial in the area. I;t ~ Commission Appts. 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 Public Hearing. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that Council action on GPA 91-09 be continued to the January 21, 1992 regular Council Meeting in order to allow staff additional time to compile information on a proposal for mixed zoning uses in the area. Mayor Gage recommended the following for Commission and Board Member appointments for terms expiring January 1, 1992 and unexpired terms (1-1-95): Motion was made by Councilman Valdez seconded by Councilman Hale and carried that the following be appointed as recommended to the respective Commission/Boards: Planning Commission: Ermelindo Puente, Jr., unexpired term 1-1- 95; Marie P. Gage, full term 1-1-96; Parks & Recreation Commission: Lucretia Zimmershead, reappointment 1-1-96; Gregory Castello, unexpired term 1-1-95; and Mary Lou Mazzone, full term 1-1-96; Library & Culture Commission: Albert F. Quintero, reappointment 1-1-96; Donna R. Pray, unexpired term 1-1-95; Roland Velasco, full term 1-1-96; Building Board of Appeals: David Sheedy, full term 1-1-96; and Handicapped Access Board: Ben Pappani, reappointment 1-1-96. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Mr. Manly R. Willis, 7272 Carmel Street, addressed the Council objecting to the agenda, noting that he is unable to find anything that he can agree to. The Mayor continued the requests of the Gilroy Downtown Development Corporation and Santa Clara Valley Water District for Council representative appointments until after the Council Retreat (1-3/5-92). The following informational items were noted with no discussion on same except as noted: Minutes of the Housing Task Force Committee Meeting of November 25, 1991; Correspondence re: Regional Government/Governance: Santa Clara County Cities Association re: request for action on Regional Governance issues; and Bay Area Council re: Regional Growth Management; United Way of Santa Clara County re: 1991 Campaign; Gary J. Farotte in appreciation of Police Department's actions; Housing & Community Development Block Grant Program re: Second Harvest Food Bank - Redirection of Funds; Parks & Recreation Department in Appreciation; Letter of Appreciation to Parks and Recreation Department; Falcon Cable re: Channel Programming; Santa Clara County Transportation Agency re: creation of Abandoned Vehicle Abatement Service Authority (AVASA); Manly Willis re: City Issues; Plan. Com. 12-5-91 Park.Dist. Pers.Com. 12-9-91 Job Classif.- city of Alameda re: Proposed Staff Reductions for California State Alcoholic Beverage Control Board; and The Poppy Patch, Native Daughters of the Golden West in appreciation re: Kern Park Development. The Report of the Planning Commission Meeting of December 5, 1991 was noted. Council reviewed the Staff Report on Freeway Oriented and Master Shopping Center Signs study. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that the Staff Report be accepted. Councilman Gilroy voted "no" on the motion. Council agreed that a discussion on Freeway Oriented and Master Shopping Center Signs be agendized for the January 21, 1992 regular Council Meeting to allow public input on the City's ordinance regarding this matter. Council reviewed the Planning recommendation to not initiate a Downtown Parking Assessment District Study. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that a Downtown Parking Assessment District Study on Monterey Street, between Sixth and Seventh Streets not be initiated as recommended. The Mayor noted interested persons in the audience for presentation by members of the public not on the agenda. Mr. Vince Miller, 7792 Chestnut Street, addressed the Council requesting prohibiting drinking in San Ysidro Park, and noted that he would continue to pursue this request until the matter is resolved. Mr. Steve Manning, Chestnut Street, addressed the Council, further noting that there are a number of problems at San Ysidro Park, specifically a lighting problem, bathrooms are open all night, no additional patrolling by the Police Department has taken place, the neighborhood is creating the problem, not the homeless. He noted that he wanted to be notified when the Parks & Recreation Commission discusses San Ysidro Park. Mr. Manly Willis, addressed the Council noting that the letter he wrote to the Council was not discussed under Informational Items and that he is opposed to the Council Retreat. The Mayor continued on with the regular order of the agenda. Council tabled action on the request of the Planning Commission to direct Staff to perform a study on the future uses for the northeast quadrant of Gilroy, particularly in the area north of South Valley Hospital until after the Council Retreat (1-3/5-92). The Report of the Personnel Commission Meeting of December 9, 1991 was noted. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that the twenty-seven (27) job descriptions be approved as recommended. City Administrator Baksa noted amendments to the following job descriptions: Clerk Typist I to require a valid driver's license and Clerk Typist II to continue to perform duties of Clerk Typist I. Motion was made by Councilman Kloecker seconded by Councilwoman Rowlison and carried that the amendments as presented be accepted and approved as recommended for Clerk Typist I and Clerk Typist II. ,f.. ...t ~ !. -f : . f~ n:}O City Clerk Adjrnmt. _~_ _ _' "'::"~'=;'::".:c_'"'~::::~C'::;2'_':::::'~:~"'::;:::-::::::::'c_':.. -"-lJ"X;."':."",>~-r";x~',.'">.,,,,,,;.'''''''~');.'.V'''''''''''''"'v.r,,':.'"'.'.(:':.'",:.'."-,'';';,'"",>,''"0'_".,-""-,..,"":.",,-,=,,-,,,,,,,"_-V'''-='~'~:':'''d''; Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that the Salary Survey of City Clerk position for a new Range of $38,170 - $50,900. be approved as recommended. City Administrator Baksa noted the survey reflected an 18% increase rather than 1% as noted in the memo. The Mayor recommended that the City Administrator evaluate the City Clerk's position for future increases. City Administrator Baksa noted the update on the Water Conservation Program. The schedule for the Eighteenth Year Application Process Housing Community Development Block Grant was noted. Councilman Hale requested the memo regarding criteria for HCD monies be reissued for Council review. Council set January 14, 1992 at 7:00 p.m. as a Joint City Council/Santa Clara County Planning Department Study Session to discuss South County Planning Issues: Greenbelting; San Martin specific plan; other City/County Rural/Urban Planning concepts. The Mayor tabled appointment of vacancies on Council Advisory Committees and Representatives until after the Council Retreat (1-3/5-92). Councilman Kloecker acknowledged the presence of relatives of Rafael Jess Paredes and thanked Pastor Smith for his kind words during the invocation and requested the meeting be adjourned in his memory and honor. The Mayor noted the following meetings: Gilroy City Council/City Manager Retreat, January 3-5, 1992, Days Inn Hotel, Seaside; and Joint Gilroy City Council/Planning Commission Study Session, January 13, 1992 - 7:00 p.m., Council Chambers, re: Discussion of the Residential Development Ordinance (ROO). At 10:33 p.m. the Mayor adjourned the meeting in memory of Rafael Jess Paredes, Planning Commissioner deceased. Re:::?,;;;Id' , Aty Clerk ~.