Minutes 1992/03/16
Invocation
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Regular Meeting
March 16, 1992
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Eric Smith, South Valley Community Church gave the
Invocation.
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Posting
Agenda
Roll
Call
Emp.Award
Consent
Calendar
Minutes
Budget
Claim
Res.92-15
Bids
WWTP Bid
The City Clerk noted that the Agenda had been posted on
March 12, 1992 at 11:15 a.m.
Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul
V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez Jr.
and Donald F. Gage;
The Mayor presented the Employee of the Month of February,
1992 to Art Amaro, Fire captain.
The Mayor noted that the City Attorney requested removing
Items "C" and "D" approval of Negative Declarations for Haun
Urban Service Area and Wang/Wong Urban Service Area from the
Consent Calendar.
Motion was made by Councilwoman Nelson seconded by
Councilman Gilroy that the following items under the Consent
Calendar be approved as recommended removing Items "C" and "D"
Haun Urban Service Area Negative Declarations and Wang/Wong Urban
Service Area Negative Declarations respectively: 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
March 2, 1992;
Approved Budget Amendments/Transfers as recommended;
Denied Claim of Pedro Banuelos Fregoso recommended; and
Adopted Resolution No. 92-15 Authorizing Installation of a
Four-Way stop Sign at the Intersection of Forest and Lewis
Streets.
RESOLUTION NO. 92 - 15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ESTABLISHING A FOUR-WAY STOP AT THE INTERSECTION OF FOREST AND
LEWIS STREETS IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF
THE GILROY CITY CODE.
PASSED AND ADOPTED this 16th day of March, 1992, by the following
vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
NOES:
ABSENT:
City Administrator Baksa presented a report and recommenda-
tion to award the bid of Fremont Ford in t~e amount of $17,701.50
for two compact trucks.
Motion was made by Councilman Kloecker seconded by Council-
man Valdez and carried that the bid of Fremont Ford in the amount
of $17,701.50 be awarded for two compact trucks as recommended.
City Administrator Baksa presented and explained a report
and recommendation to approve Design and Bidding Services Agree-
ment, Amendment No. 2 with James M. Montgomery, for Predesign of
3.0 MGD Reclamation Facilities Project (Gilroy/Morgan Hill WWTP)
in the amount of $70,000.00.
Motion was made by Councilman Kloecker seconded by Council~
man Valdez and carried that the Design and Bidding Services
Agreement, Amendment No. 2 with James M. Montgomery, for Pre-
design of 3.0 MGD Reclamation Facilities Project (Gilroy/Morgan
Hill WWTP) in the amount of $70,000.00 be approved as
recommended.
City Administrator Baksa presented and explained a proposal
of James M. Montgomery to provide engineering services relative
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Financial
Consult.
Dev. Impact
Fees
Pub.Hear.
CDBG
Res.#92-16
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to the Gilroy/Morgan Hill Wastewater Program Cost Allocation in
the amount of $10,000.00 plus costs.
Motion was made by Councilman Kloecker seconded by Council-
woman Rowlison and carried that the proposal of James M.
Montgomery to provide engineering services relative to the
Gilroy/Morgan Hill Wastewater Program Cost Allocation in the
amount of $10,000.00 plus costs be approved as recommended.
City Administrator Baksa presented and explained a request
of Fieldman, Rolapp & Associates, financial consultants, for an
amendment to their Agreement.
Motion was made by Councilwoman Nelson that if funds are
received through the state that the City decrease the rate to
City users by that amount. Motion died for lack of a second.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that the request of Fieldman,
Rolapp & Associates, financial consultants, for an amendment to
their Agreement be approved as recommended.
City Administrator presented a proposal review of the
City's existing Deve~~~ent Impact Fee structure and calculation
date for approval. ~/51-
Motion was made by Councilman Gilroy seconded by Councilman
Kloecker and carried that the proposal review of the City's
existing Development Impact Fee structure and calculation data be
approved as presented.
The Mayor announced that the Public Hearings on D.B.O.
Development for General Plan Amendment and for Rezoning, GPA 91-
01 and Z 91-07 would be continued to the April 20, 1992 Regular
Council Meeting; that the Council action on request for
adjustments to garbage rates would be continued to the April 6,
1992 regular Council Meeting.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider the City's Code Enforcement
Program funded as a Housing and Community Development Block Grant
(CDBG) .
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. There was no comment from anyone in the
audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Gilroy seconded by Councilman
Hale that the reading of Resolution No. 92-16 be waived and that
it be adopted.
RESOLUTION NO. 92 - 16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
FUNDING OF A HOUSING CODE ENFORCEMENT PROJECT FROM PROGRAM INCOME
FROM THE HOUSING REHABILITATION REVOLVING LOAN FUND, AMENDING THE
TARGET AREA OF THE ENFORCEMENT PROGRAM, SETTING GUIDELINES FOR
THE HOUSING CODE ENFORCEMENT PROGRAM BUDGET AND INCLUDING THAT
BUDGET IN THE CITY'S ANNUAL BUDGET HEARINGS.
PASSED AND ADOPTED this 16th day of March, 1992, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
A letter from Project Sentinel requesting funding was
noted. The Mayor re-opened the hearing and heard from Project
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Pub.Hear.
GPA 90-08
Contd.Pub.
Hearings
GPA 91-01
& Z 91-07
Pub.Hear.
TM 91-02
Sentinel representative further explaining the request.
Administrator Baksa noted that the City has never given
funds to non-profit organizations.
City
these
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 Gilroy seconded by
Councilwoman Nelson and carried that a precedent not be set and
denied the Project Sentinel's request for funding.
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing (from 1-21-92 on Commercial
Portion only) to consider a General Plan Amendment request to
amend the General Plan from Industrial Park, Open Space, Low
Density Residential and Park/Public Facility to Low and Medium
Density Residential, Open Space and General Services Commercial,
on property located in the Southwest Quadrant, southwest of Uvas
Creek, and northeast of Santa Teresa Boulevatd, on approximately
182 acres, Filice Family Estates, Applicant, GPA 90-08.
The updated Staff Report was noted and further explained by
Senior Planner Myer noting that Staff recommends denial of the
request without prejudice to await a full request of the entire
area as a part of the Reimal application.
The Mayor asked if there was anyone in the audience wishing
to speak on the proposal.
Mr. Bob Saxe, representing the applicant, addressed the
Council and requested approval of the request under Option #2.
Mr. Bill Reimal, 7551 Kentwood Court, addressed the Council
noting that his proposed plans for the adjacent property is to
file an application in July, 1992 for a General Plan Amendment.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no further comment from anyone in
the audience. The Mayor closed the public hearing.
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison and carried that Staff be directed to
prepare a Resolution denying the approval of the commercial
portion of GPA 90-08, Filice Family Estates, without prejudice
under Option #1 recommended by Staff.
Council continued the continued Public Hearings of January
21, 1992 to consider a General Plan Amendment request, GPA 91-01
and to consider a rezoning request, Z 91-07 respectively of
D.B.O. Development Company, requested by the applicant to the
April 20, 1992 regular Council meeting.
The Mayor stated that it was the time and place scheduled
to consider a Tentative Map request, TM 91-02, of Jim Price,
applicant, to divide his property into ten (10) residential lots
to enable him to build condominiums on the lots in the future,
which is the second and final phase of development.
The Staff Report was noted and further explained by
Planning Director Dorn. Councilman Hale requested different
verbiage on Condition 12 of the mitigating measures.
The Mayor asked if there was anyone in the audience wishing
to speak on the proposal.
Ms. Gloria Ballard, representing the applicant, addressed
the Council requesting removal of Condition #10-A added by the
City Attorney re: backyard drainage systems, fences and walls
dedicated under Phase I of the project.
At 8:50 p.m. Councilwoman Nelson left the Council table.
Pub.Hear.
Z 92-01
Pub.Hear.
Z 92-02
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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.
Council continued action on the Tentative Map 91-02 request
to the April 20, 1992 regular Council Meeting to allow Staff time
to revise the conditions presented.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider a Rezoning from A1 F(Agricul-
ture) to R3 PUD (Medium Density Residential) Planned Unit
Development District, located on the west side of Church Street,
north of Liman Avenue, on approximately 1.77 acres, Dewey and
Hazel Hewell, applicants, Z 92-01.
The Staff Report was noted and further explained by Senior
Planner Myer.
At 8:53 p.m. Councilwoman Nelson entered and took her seat
at the Council table.
The Mayor asked if there was anyone in the audience wishing
to speak on the proposal.
Ms. Gloria Ballard, M H Engineering addressed the Council
noting that the applicant accepts the Staff recommendations.
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
Councilwoman Nelson that the ordinance be read by title only and
waive further reading of the ordinance approving said zoning
ordinance amendment. Unanimous vote and the title of the
ordinance was read.
Motion was made by Councilman Kloecker seconded by
Councilwoman Nelson and carried that the ordinance be introduced
and published by title and summary.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider a rezoning request of Marko
Gera, 92-02 from C1 (Neighborhood Commercial) to R3-PUD (Medium
Density Residential) Planned Unit Development District on the
east side of Eigleberry Street, between Sixth and Seventh
Streets, and the City is requesting a zoning map change from C1
(Neighborhood Commercial) to R2 (Two Family Residential) District
on the west side of Eigleberry Street between Sixth and Seventh
Streets, on approximately 2.72 acres.
Councilman Valdez noted that he would not take part in the
discussion nor action on the proposal due to a conflict of
interest.
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 proposal.
Mr. Jim Simoni, addressed the Council in favor of the
Staff's recommendation and concurs with Staff being directed to
develop a transition zone for the area.
Mr. Nick Gera, applicant, addressed the Council noting his
presence to answer questions, if any.
Mr. Al Viarengo, 370 Arnold Street, Board of Directors of
the South Santa Clara Valley Memorial District, addressed the
Council regarding concern with future parking in the area,
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Pub. Hear.
Z 92-03
particularly regarding the Veterans' Memorial Building at Sixth &
Eigleberry Streets.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no further comment from anyone in
the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Kloecker seconded by
Councilwoman Nelson that the ordinance be read by title only and
waive further reading of the ordinance approving said zoning
ordinance amendment. Unanimous vote, noting Councilman Valdez
absent. The ordinance was read by title only.
Motion was made by Councilman Kloecker seconded by
Councilwoman Nelson and carried that the ordinance be introduced
approving said zoning ordinance amendment to be published by
title and summary. Councilman Valdez absent on the motion.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a rezoning request of Southpoint
Business Park Associates from HC-PUD (Highway Commercial) Planned
Unit Development District and M2 (General Industrial) to C3
(Shopping Center Commercial) District, Z 92-03 located on Arroyo
Circle, south of Leavesley Road and east of Highway 101, on
approximately 50.57 acres.
At 9:29 p.m. Councilman Valdez returned and took his seat
at the Council table.
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 proposal.
Mr. Dusan Slepcevic, property owner adjacent to the
property proposed for rezoning, addressed the Council and noted
that there is not sufficient parking nor restroom facilities in
the industrial park; that the customers from the presently
developed property are using his property and that additional
development would add to the problem.
Mr. Bob Saxe, representing the applicant, addressed the
Council noting that the parking and restroom matters would be
addressed at the design review.
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.
Councilman Valdez recommended that the City's parking
standards be reviewed and that same may not be appropriate for an
"outlet" type of business.
Motion was made by Councilwoman Nelson seconded by
Councilman Gilroy and carried by unanimous vote that the
ordinance be read by title only and waive further reading of the
ordinance approving said zoning ordinance amendment. The
ordinance title was read.
Motion was made by Councilwoman Nelson seconded by
Councilman Gilroy that the ordinance be introduced and published
by title and summary. Councilman Valdez voted "no" on the
motion.
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison and carried that Staff be directed to
investigate the parking standards and visitor's services required
for the Outlet Mall to include Phase 1, 2, 3 and 4 for Council
review.
Garbage
Rates
CIP
92-97
Backflow
Prevo Ord.
JPA Auth.
The Mayor noted that Council discussion and action on South
Valley Refuse Disposal, Inc. request for revisions and adjust-
ments of charges for collection of garbage, rubbish and refuse in
the City was continued to this meeting and that the matter is
further continued to the April 6, 1992 regular Council Meeting.
(Public Hearing held 2-18-92 and Council action continued from 3-
2-92 and 3-16-92.)
Motion was made by Councilman Kloecker seconded by Council-
man Hale and carried that the 1992-1997 Capital Improvement
Program be approved as recommended and previously discussed.
The updated Backflow Prevention Ordinance amendments were
noted. Motion was made by Councilwoman Rowlison seconded by
Councilwoman Nelson and carried by unanimous vote that the
ordinance be read by title only and waive further reading of the
ordinance approving said backflow prevention ordinance amendments
The Ordinance was read by title only.
Motion was made by Councilwoman Rowlison seconded by
Councilwoman Nelson and carried that the ordinance be introduced
disapproving the backflow prevention amendments as presented to
be published by title and summary.
Discussion was had regarding the creation of a Joint Powers
Authority with Morgan Hill regarding the Wastewater Treatment
Plant Facility further explained by City Administrator Baksa.
Motion was made by Councilwoman Nelson seconded by
Councilman Kloecker and carried that Mayor Gage be appointed to
work with Staff, City Attorney and Morgan Hill representatives to
begin negotiations for a Joint Powers Authority primarily for the
funding issue at this time.
The Mayor asked if there was anyone
to speak on any matter not on the agenda.
from anyone in the audience.
in the audience wishing
There was no comment
The following informational items were noted with no
separate discussion on same except as noted:
Correspondence re: Regional Government/Governance:
City of Santa Clara;
Bay Area Council; (corrected copies to be provided Council
to include missing pages.);
Mayors' and Councilmens' Association of Sonoma County to
ABAG;
Customer Service:
Rotary Club in Appreciation;
Greyhound Lines, Inc. in Appreciation of the Police
Department;
South Valley Psychological Services in Appreciation of the
Police Department;
Los Banos Parks & Recreation re: Tree City USA Program;
Shauna S. Byers In Appreciation;
Gavilan College Police Academy In Appreciation;
Thomas M. Lister In Appreciation of Gilroy Police Officer;
City of Sunnyvale re: NAS Moffett Field to NASA/Ames
Research Center Public Hearings Schedule;
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Plan. Com.
3-5-92
Pers.Com.
3-3-92 &
3-9-92
Job Descrp.
JPA
Water
Conservt.
Growth Task
Force Com.
SB 1538
Homebound Senior Program in Appreciation of CDBG Funding;
City of Gilroy's Street Sweeping Program Status;
Santa Clara County Manufacturing Group re: Measure A
Transportation Initiative; Councilman Kloecker recommended
supporting the Cal-Train and widening of 101 from Bernal to
Cochran Projects.
Discussion was had regarding Regional Government Issue and
at the appropriate time the City needs to comment and provide in-
put on Senator Morgan's bill and revisions to same.
Proclamation Issued by Mayor Gage:
Fair Housing Month - April, 1992;
Building Industry Association re: Growth Issue;
The South County Ministerial Association re: Housing Issue;
Gilroy Chamber of Commerce re: Neighborhood Meetings on
Economic Issues;
The Report of the Planning Commission Meeting of March 5,
1992, was noted.
The Reports of the Personnel Commission Meetings of March
3 and 9, 1992 were noted.
Discussion was had regarding job description requirements
of Public Works Maintenance I, II, and Senior Maintenance for
certificates in backflow prevention devices.
Motion was made by Councilman Gilroy seconded by Councilman
Kloecker and carried that the six (6) revised job descriptions be
approved as presented and recommended.
The Minutes of the Joint Powers Sewer Advisory Committee
Meeting of February 11, 1992 were noted.
City Administrator Baksa gave an update on the Water
Conservation Program. He distributed revised 1991 Water
Reduction Program and rate structure to Council.
Discussion was had regarding a Study Session with the Santa
Clara Valley Water District to be televised.
City Administrator Baksa noted the Housing Units Report,
and that some developers have indicated Spring performance.
City Administrator Baksa reported on the Growth Task Force
Selection Committee and that they may need to extend their
performance deadline. Council requested that the Selection
Committee stay within the recommended Council guidelines.
Council set April 7, 1992 as a Study Session re: Economic
Development in the Employees' Lounge, time to be determined 7:00
or 7:30 p.m.
The City Attorney reviewed SB 1538 (Kopp) Revision to the
Brown Act. Council directed the City Attorney to prepare a
letter in opposition of the proposed bill for Council review.
The League of California Cities Legislative Bulletin, March
6, 1992, #9-1992 recommending opposition to SB 1538 was noted.
Council concurred with joining the City of San Diego as
Amicus in Law Suit (Brown v. poway Unified School District) as
recommended by the City Attorney.
Adjrnmt.
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The City Attorney noted Oral Arguments re: WWTP Suit to be
heard March 19, 1992 at 9:30 a.m. in San Jose.
The Mayor noted the April 4, 1992 - 8:30 a.m. to 4:00 p.m.
Hispanic Parents' Forum at South Valley Junior High School and
Councilmember's schedule in participation at said event.
Discussion was had regarding removing the wording of water
used in connection with the sewer usage on the City's utility
billing.
Councilman Hale requested an update on the proposed Parking
District south of Sixth street and copy of same presented to the
Downtown Development.
Councilman Hale suggested that the City review its General
Plan and how it would be effected as a result of the County's Ten
Year General Plan review.
Councilwoman Rowlison noted the California Arts' Council
event March 27, 1992 in San Jose.
The following meetings were noted:
City of Gilroy Leadership Forums, Gilroy Senior Center
Meeting Room, 7371 Hanna Street, 7:30 a.m. to 9:00 a.m., March
19, 1992 re: Development Process;
Oral Arguments re: Sewer EIR Suit - March 19, 1992 - 9:30
a.m., San Jose;
Joint Gilroy/Council/Planning Commission Study Session,
March 23, 1992 - 7:00 p.m., Employees' Lounge re: Discussion on
Land Use Study of the west quadrant area of Santa Teresa
Boulevard, specifically the area between Uvas Creek and Hecker
Pass Highway;
Joint City/School Liaison Committee Meeting, March 25, 1992
- 5:30 p.m., Gilroy Unified School District Board Meeting Room,
7810 Arroyo Circle, Gilroy;
Gilroy City Council Study Session, March 30, 1992 - 7:00
p.m., re: Street Trees and Sidewalk Issue, Council Chambers;
Gilroy City Council Study Session, March 31, 1992 - 7:00
p.m., Council Chambers, re: Discussion of Crime Report and
Potential Gang Task Force; and
Gilroy City Council Study Session, April 13, 1992 - 7:00
p.m., Employees' Lounge, re: Continued discussion on the County
of Santa Clara's Ten Year General Plan Review.
At 11:11 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
JUda-J~ c;/l
, City Clerk