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Minutes 1992/02/03 t' II ' j." '\',,) '~ l h_:~ . ,f'," 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 ( -, f '- ,,{~ ~{ 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 {' ~ It L .~ J: _J 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. ~ <A ,,~J' {) , ) .... JI 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 f II ~ ii~ ..IC'" 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. ~"~ 1,. ')I N; 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. f ~ 1 "~"J 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, 4~0.czjq