Minutes 1992/02/03
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Invocation
Posting
Agenda
Roll
Call
New Emp.
Cert.Apprec.
Consent
Calendar
Minutes
Claims
Puente &
Delgado
Budget
Regular Meeting
February 3, 1992
Gilroy, California
A Scout Troop led the Pledge of Allegiance to the Flag.
Pastor Lee Neisch, Gilroy United Methodist Church gave the
Invocation.
The City Clerk noted that the Agenda had been posted on
January 30, 1992 at 1:36 p.m.
Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul
V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez and
Donald F. Gage;
Parks & Recreation Director Connelly introduced New
Employee: Michele M. Myers, Recreation Coordinator
(Therapeutics) .
The Mayor presented Certificates of Appreciation to
Committee Members of the Ranch Site Master Plan Development Task
Force.
Motion was made by Councilman Hale seconded by Councilman
Kloecker 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,
Sara C. Nelson, Suellen Rowlison, Pete Valdez, Jr. and Donald F.
Gage:
Approved the Minutes of the Regular Council Meeting of
January 21, 1992;
Denied Claims of Robert Puente and Violet Delgado as
recommended;
Approved Budget Amendments/Transfers as recommended;
Res.92-10
Bids re:
WWTP
Freeway
Signs, etc.
Pub.Hear.
SRRE & HHWE
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Adopted Resolution No. 92-10 approving a four-Way stop sign
control at the intersection of Sixth and Forest Streets as
recommended;
RESOLUTION NO. 92 - 10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ESTABLISHING A FOUR-WAY STOP AT THE INTERSECTION OF 9lXTH
AND FOREST STREETS IN THE CITY OF GILROY.
PASSED AND ADOPTED this 3rd day of February, 1992 by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor announced that the Hot Springs Project Issue
would not be discussed at this meeting; to be reagendized.
City Administrator Baksa presented a report and recom-
mendation to approve the firm of Fieldman, Rolapp & Associates as
the City's Financial Consultant for Funding the Wastewater
Treatment Plant Facilities in the amount of $34,500.00.
Motion was made by Councilman Gilroy seconded by Councilman
Kloecker and carried that the the firm of Fieldman, Rolapp &
Associates be approved as the City's Financial Consultant for
funding the Wastewater Treatment Plant Facilities in the amount
of $34,500.00 as recommended.
The Mayor stated that it was the time and place scheduled
to discuss and hear public input on Freeway Oriented and Master
Shopping Center Signs Study/City Ordinance.
The Staff Report was noted and further explained by City
Administrator Baksa.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mr. John Filice, 7880 Wren Avenue, Gilroy, addressed the
Council in regard to freeway oriented and master shopping center
signs.
Planning Director Dorn further explained the present
ordinance.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried by the following Roll Call vote
that the present ordinance regarding signs, etc. be retained:
Ayes: Councilmembers: Kloecker, Rowlison, Valdez and Gage; Noes:
Councilmembers: Gilroy, Hale and Nelson.
The Mayor stated that it was the time and place scheduled
to consider adoption of the Source Reduction and Recycling
Element and Household Hazardous Waste Element as Policy Plan.
The Staff Report and revised Final Initial Study and
Proposed Negative Declaration was noted and further explained by
City Administrator Baksa and Resource Management Coordinator
Menacho.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mr. Manly Willis, 7272 Carmel Street, addressed the Council
noting that the recycling of residential items are not identified
correctly and a drop-off location for items that will not be
picked up should be provided.
The Mayor asked if there was anyone further in the audience
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Res.92-11
Pub.Hear.
RDO
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 the Negative Declaration be
approved as presented.
Motion was made by Councilman Kloecker seconded by
Councilman Hale that the reading of Resolution No. 92-11 be
waived and that it be adopted.
RESOLUTION NO. 92 - 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TAKING
CERTAIN ACTIONS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT AND ADOPTING A SOURCE REDUCTION AND RECYCLING ELEMENT AND A
HOUSEHOLD HAZARDOUS WASTE ELEMENT FOR INCLUSION IN THE SANTA
CLARA COUNTY INTEGRATED WASTE MANAGEMENT PLAN.
PASSED AND ADOPTED this 3rd day of February, 1992 by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor announced that the Hot Springs Project Issue has
been removed from the agenda.
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing consider a Zoning Ordinance Text
Amendment initiated by the City to amend the Residential Develop-
ment Ordinance and Rating Scale Section, Z 91-01.
The Staff Report, revised Ordinance Text; Revised Rating
Scale and Buildout Scenarios were noted and further explained by
Senior Planner Myer. Council requested that the Public Hearing
be continued to further study the Buildout Scenarios not received
by all Councilmembers.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Don Wolfe, Big Basin Way, Saratoga, addressed the Council
representing the Building Industry Association, noting that they
are in agreement with the revised ordinance text, rating scale
and build-out scenarios proposed.
Connie Rogers, 7690 Santa Theresa Drive, representing
Citizens' for Balanced Growth addressed the Council noting
concern regarding Section 50.63b, Criteria and Procedure for
setting numerical limits requesting that it not exceed 115% of
average numerical limits for a ten year average.
Don Anderson, 1615 Brentwood Lane, Gilroy, addressed the
Council requesting Council proceed with their proposal.
Manly Willis, 7272 Carmel Street, Gilroy, addressed the
Council noting that he is opposed to the Residential Development
Ordinance.
Joe Caldwell, 790 Lawrence Drive, Pastor of the First
Baptist ChurCh, addressed the Council noting that he is looking
forward to new growth in Gilroy.
Joe Gothier, 7695 Laurel Drive, Manager of Ace Hardware,
representing the owner, addressed the Council noting support of
the latest version of the RDO requesting Council to approve same.
Darrell Hughes, 7380 Fowler Street, 3 year resident from
Milpitas, Vice President of a small construction company,
addressed the Council urging Council to proceed with the
proposal.
Res.92-12
Res.#92-13
Backflow
Policy
Jim Dowell, 7446 Rosanna street, addressed the Council
urging increasing the number of houses to be allowed per year.
The Mayor asked if there was anyone further wishing to
speak. There was no comment from anyone in the audience. The
Mayor closed the Public Hearing.
Motion was made by Councilwoman Nelson seconded by
Councilman Valdez and carried that action regarding the Revised
Residential Ordinance and numerical limits be continued to the
February 18, 1992 regular Council Meeting.
The Mayor noted a letter from William Lyon regarding RDO
allocation.
Motion was made by Councilman Kloecker seconded by
Councilman Gilroy that the reading of Resolution No. 92-12 be
waived and that it be adopted approving GPA 91-09, Marko and Nick
Gera, applicants. Councilman Valdez was absent due to a conflict
of interest.
RESOLUTION NO. 92 - 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TAKING
CERTAIN ACTIONS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT AND APPROVING GPA 91-09, AMENDING THE GILROY GENERAL PLAN MAP
TO CHANGE THE DESIGNATION FROM LOCAL COMMERCIAL TO MEDIUM DENSITY
RESIDENTIAL ON SIXTEEN PARCELS COMPRISING APPROXIMATELY 2.72
ACRES ON BOTH SIDES OF EIGLEBERRY STREET BETWEEN SIXTH AND
SEVENTH STREETS.
PASSED AND ADOPTED this 3rd day of February, 1992 by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, HALE, KLOECKER,
ROWLISON and GAGE
None
VALDEZ
NELSON,
COUNCILMEMBERS:
COUNCILMEMBER:
Motion was made by Councilman Kloecker seconded by
Councilman Valdez that the reading of Resolution No. 92-13 be
waived and that it be adopted denying GPA 91-06, James and Anne
Lenihan applicants.
RESOLUTION NO. 92 - 13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DENYING
GPA 91-06.
PASSED AND ADOPTED this 3rd day of February, 1992 by the
following vote:
AYES: COUNCILMEMBERS: KLOECKER, ROWLISON, VALDEZ and GAGE
NOES: COUNCILMEMBERS: GILROY, HALE and NELSON
ABSENT: COUNCILMEMBERS: None
The Mayor continued the appointment of a Library and
Culture Commissioner to fill the unexpired term (1-1-94) to the
next regular Council Meeting.
Discussion was had on the Backflow Policy issues further
explained by City Administrator Baksa and noting the Study
Session held by Council on the matter.
Motion was made by Councilwoman Nelson seconded by
Councilwoman Rowlison and carried that the Survey Active System
be approved.
Motion was made by Councilwoman Nelson seconded by
Councilman Hale and carried that there will be no enforcement on
apartments except if there is a problem.
Motion was made by Councilman Kloecker seconded by
Councilman Hale and carried that the RPP Valve Policy be
approved.
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Buy
America
San Martin
Bus Yard
A letter from the Gilroy Chamber of Commerce regarding the
Backflow Policy issues was noted.
At 8:49 p.m. the Mayor declared a Recess and reconvened the
meeting at 8:56 p.m.
City Administrator Baksa presented and explained a report
and recommendation on a "Buy America" Policy.
A letter from Matthew Drummond in regard to this issue was
noted.
A San Jose Mercury News Article, January 30, 1992 was noted
in regard to this issue.
Motion was made by Councilwoman Nelson seconded by
Councilman Valdez to table the matter to an undetermined date.
Motion was made by Councilman Gilroy seconded by Councilman
Kloecker that a substitute motion be made and carried by the
following Roll Call vote to table the matter until Staff can
obtain a definition from the state on "Buy America": Ayes:
Councilmembers: Gilroy, Hale, Kloecker, Rowlison, Valdez and
Gage; Noes: Councilmember: Nelson.
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Mr. Ray Smith, 1469 Lupine Court, addressed the Council
objecting to the County proposal to close the Gladys Jackson (San
Martin) Bus Yard and requesting Council to support him in this
opposition.
Councilman Kloecker noted that this would be discussed at
the Santa Clara County Transportation Commission meeting and he
would report back to Council on the matter.
Ms. Genevieve Smith, Lincoln Avenue, San Martin, addressed
the Council and presented a petition urging the bus yard to
remain open in San Martin.
,Mr. Ray Cowardin, 13500 Colony Avenue, San Martin,
addressed the Council noting that the handicapped depend on this
bus line that works for South County.
Mr. Ray Smith noted that the lifts for the handicapped in
North County are not workable.
Mr. Manly Willis, 7272 Carmel Street, addressed the Council
noting that the present bus line in South County is very
dependable. He objected to Council/Citizens relationship, noting
that he has not been heard for three months. He further noted
that the Residential Development Ordinance is not warranted. He
agreed with a "Buy America" policy.
Mr. Jack Kazanjian, 831-3rd street, addressed the Council
in regard to "Buy America".
Mr. Ernie S. Filice, 7631 Filice Drive, addressed the
Council regarding the sign issue in shopping centers and requests
the matter be re-opened for his input, noting that he is confused
as to the position he is in. Mr. Filice was referred to Council-
members Gilroy and Valdez as Council representatives on this
issue.
Discussion was had by Council in regard to the agenda
format.
Motion was made by Councilwoman Nelson seconded by
Councilwoman Rowlison and carried that Staff be directed to
prepare a letter of support to keep the Gladys Jackson (San
Martin) Bus Yard open. Councilman Valdez noted that he would
Hot Springs
Fire Dept.
Report
M.A.Milias
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prepare the letter and distribute to Council for their input and
Councilman Kloecker would deliver the letter to the County on
February 18, 1992.
Motion was made by Councilwoman Rowlison seconded by
Councilwoman Nelson that the City formally is in support of
keeping the Gladys Jackson (San Martin) Bus Yard open in South
County.
The Mayor noted the Gilroy Hot Springs Development
Associates asked that the request for endorsement of their
project be removed from the agenda.
At 10:06 p.m. the Fire Department gave their Report. At
10:49 p.m. the Mayor reconvened the meeting and continued with
the regular order of business.
A request of Mary Ann Milias was noted to rescind Ordinance
No. 89-20 setting forth a Seismic Hazard Identification Program
for Unreinforced Masonry Buildings.
City Administrator Baksa presented and explained the Staff
Report.
The following informational items were noted with no
separate discussion on same except as noted:
Correspondence re: Regional Government/Governance:
City of Cupertino re: SB 797 and letter from Tri-Valley
Council.
Customer Service:
Parks & Recreation Department in appreciation; City of
Gilroy Article in Roads & Bridges Magazine, December 1991 issue;
Gilroy High School and Rod Kelly School in appreciation.
Congestion Management Agency:
Acknowledgment of Michael Dorn's participation on the Trip
Reduction Subcommittee and Norman Allen's participation on the
Land Use and Deficiency Plans Subcommittee of the Technical
Advisory Committee.
1991-92 Christmas Decoration Installation/Removal Costs.
1991 United Way Campaign Chairperson in appreciation.
Councilman James T. Beall, Jr., City of San Jose re:
Peninsula Commute Service Operating Proposals.
South County Housing Marketing their Housing Development.
County of Santa Clara Advance Planning Publication, Issue
#92-1, 1-20-92.
Councilman Kloecker's resignation from Gilroy Unified
School District Facility Planning Committee. Councilman Kloecker
noted that the scheduled meetings were in conflict with his
schedule.
Proclamation Issued by Mayor Gage: Vietnamese Community
Week - February 2-9, 1992.
st. Joseph's Family Center in appreciation of Gilroy City
Employees.
City of Loma Linda urging support of adequate funding for
the State Department of Alcoholic Beverage Control and urging the
Governor and the State Legislature to approve funding for ABC
Enforcement.
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P & R Com.
12-17-91
Pers.Com.
Job Descrip.
Cable TV
Task Force
Com.
League Dues
James V. Simoni re: GPA 91-09 to change the designation and
density on Gilroy's General Plan Map from Local Commercial to
Medium Density Residential located on Eigleberry Street and
approval to rezone to R3 PUD.
Santa Clara County Transportation Agency re: Proposed Line
17 Routing.
Ellen Bellairs, recipient of California Parks & Recreation
Society Award.
Santa Clara County Transit District Employee/Rider re:
Closing of San Martin Bus Yard.
Monthly Cash and Investments Report for December 31, 1991;
and
Board of Supervisors 1992 Reorganization.
Noted the Minutes of the Parks & Recreation Commission
Meeting of December 17, 1991.
Noted the Minutes of the Senior Advisory Board Meeting of
December 17, 1991.
Noted the Minutes of the Library & Culture Commission
Meeting of January 14, 1992.
Noted the Report of the Personnel Commission Meetings of
January 21st and 27, 1992.
Motion was made by Councilman Kloecker seconded by
Councilman Hale and carried that the forty (40) job descriptions
as recommended and presented be approved to include missing
verbiage in the job description of Multi-Service Office I, to be
corrected.
City Administrator Baksa distributed Wellness Committee
Calendars to Councilmembers.
Council selected March 11, 18 or 25 for a meeting with the
Gilroy School District/City Liaison Committee.
Discussion was had regarding the Council Agenda format.
Councilman Valdez requested Council direction whether to
proceed with the Cable Task Force Committee. Council concurred
that the Cable Task Force Committee proceed to explore options
the City has regarding the franchise and other areas involving
cable legislation, noting that the City Attorney is also
investigating the matter.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez by the following Roll Call vote to agendize
ratification of 4% increase of the League of California Cities
annual dues: Ayes: Councilmembers: Gilroy, Hale, Kloecker, Valdez
and Gage; Noes: Councilmembers: Nelson and Rowlison.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that the 4% increase in the annual
dues of the League of California Cities be approved by the
following Roll Call Vote: Ayes: Councilmembers: Gilroy, Hale,
Kloecker, Nelson, Rowlison, Valdez and Gage.
Councilman Kloecker noted that he would notify the League
of California cities of the City of Gilroy's unanimous approval
to support the dues increase.
The Mayor noted the following meetings:
February 10, 1992 - 7 p.m. Joint City council/Planning
Commission Meeting re: Circulation Element of the General Plan;
Adjrnmt.
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February 11, 1992, 1992 - 7 p.m. City Council study Session
re: Capital Improvement Program and Revenue Projection;
February 12, 1992 - 7:00 p.m. Heart Association Meeting;
February 13, 1992 - 6:00 p.m., Chamber/Council Meeting,
Harvest Time Restaurant; and
February 14, 1992 - st. Mary's Valentine Dance and
Fireman's Ball.
At 11:46 p.m. the Mayor adjourned the meeting to Tuesday,
February 18, 1992 (February 17th Legal Holiday).
Respectfully submitted,
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