Minutes 1992/05/18
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Invocation
Posting
Agenda
Roll Call
Employee
Award
Transp.
Authority
Res.#92-30
Regular Meeting
May 18, 1992
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Dr. Joe Caldwell, First Baptist Church gave the Invocadon.
The City Clerk noted that the Agenda had been posted on Mav
14, 1992 at 9:41 a.m.
Present: Councilmembers: Mike Gilroy, Leonard A. HalL, Paul
V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez Jr.
and Donald F. Gage.
The Mayor presented the Employee of the April 1992 Award i
Nora Torres, Crime Prevention Technician.
Heard from the following representatives of the Citizens'
Coalition for Traffic Relief re: transportation initiative on tl~0
November 1992 Ballot urging Council support on establishing a
Santa Clara County Local Transportation Authority and approval of
the expenditure plan:
Don Wolfe, Building Industry Association;
Terry Feinberg, Executive Director of Tri County Apartment
Association and;
Bill Schwarz, Outreach & Escort.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no comment from anyone in the
audience.
Motion was made by Councilman Kloecker seconded by Counc~l-
woman Rowlison that the reading of Resolution No. 92-30 be waived
and that it be adopted establishing a Santa Clara County Local
Transportation Authority and Approving the Expenditure Plan as
requested.
RESOLUTION NO. 92 - 30
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING THE
SANTA CLARA COUNTY BOARD OF SUPERVISORS' RESOLUTION TO ESTABLISH
Consent
Calendar
Minutes
Res.92-31
Butcher Pk.
Budget
Maint.Dist.
Res.92-32
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A SANTA CLARA COUNTY LOCAL TRANSPORTATION AUTHORITY AND APPROVING
THE EXPENDITURE PLAN, ENTITLED THE SANTA CLARA COUNTY TRAFFIC
CONGESTION RELIEF AND TRANSIT IMPROVEMENT PLAN.
PASSED AND ADOPTED this 18th day of May, 1992, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBER:
COUNCILMEMBERS:
GILROY, HALE, KLOECKER,
VALDEZ and GAGE
NELSON
None
ROWLISON,
Motion was made by Councilman Hale seconded by Councilwoman
Kloecker that the following items under the Consent Calendar be
approved as recommended by the following Roll Call Vote: (Noting
removal of Items liB" and "C" to vote separately on same.) Ayes:
Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker,
Sara C. Nelson, Suellen C. Rowlison, Pete Valdez, Jr. and Donald
F. Gage;
Minutes of the Regular Meeting of May 4, 1992; and
Adopted Resolution No. 92-31 setting priorities and
pledging matching funds for projects eligible for funding from
the Federal Surface Transportation Program and Mitigation/Air
Quality Program Funds through the Santa Clara county Congestion
Management Agency.
RESOLUTION NO. 92 - 31
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SETTING
PRIORITIES AND PLEDGING MATCHING FUNDS FOR PROJECTS ELIGIBLE FOR
FUNDING FROM THE FEDERAL SURFACE TRANSPORTATION PROGRAM AND
CONGESTION MITIGATION/AIR QUALITY PROGRAM FUNDS THROUGH THE SANTA
CLARA COUNTY CONGESTION MANAGEMENT AGENCY.
PASSED AND ADOPTED this 18th day of May, 1992, by the following
vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
The following items were voted on separately:
City Administrator Baksa clarified Budget Amendments and
Transfers referring to Butcher Park.
Motion was made by Councilman Gilroy seconded by Council-
woman Nelson and carried that the Budget Amendments/Transfers be
approved as recommended excluding budget amendments referring to
Butcher Park.
Discussion was had regarding the Engineer's Report for the
Fiscal Year 1992-1993 in connection with Maintenance District No.
1 (Country Estates).
Motion was made by Councilman Kloecker seconded by
Councilman Valdez that the reading of Resolution No. 92-32 be
waived and that it be adopted of intention to adopt the
Engineer's Report for the Fiscal Year 1992-1993 and to levy and
collect annual benefit assessments in connection with Maintenance
District No.1 (Country Estates), noting Public Hearing set for
June 15, 1992.
RESOLUTION NO. 92 - 32
RESOLUTION OF INTENTION TO ADOPT ENGINEER'S REPORT FOR THE FISCAL
YEAR 1992-93 AND LEVY AND COLLECT ANNUAL BENEFIT ASSESSMENTS
WITHIN MAINTENANCE DISTRICT NO.1, CITY OF GILROY.
PASSED AND ADOPTED this 18th day of May, 1992, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBER:
COUNCILMEMBERS:
GILROY,
VALDEZ
NELSON
None
HALE, KLOECKER, ROWLISON,
and GAGE
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Butcher Pk.
Pub.Hear.
GPA 91-03
Park Ord.
CMA
Discussion was had regarding the recommendation of bids for
the Irrigation and Improvements for Butcher Park further
explained by City Administrator Baksa.
Motion was made by Councilman Kloecker seconded by Council-
man Valdez that the bid of Perma Green in the amount of $12,449
be awarded for Butcher Park Improvements as recommended.
Councilman Gilroy requested testimony from anyone present
in the audience.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mr. Philip strutner, 8559 Silvia Street, addressed the
Council requesting improvements at Rod Kelly Park.
Ms. Guadalupe Arrellano, 325 Old Gilroy Street, addressed
the Council concerned if the City does not do the proposed
improvements and considers paving over Butcher Park and opposed
to installation of bushes and shrubs.
Parks & Recreation Director Connelly explained the proposed
improvement plans for Butcher Park, noting that same would be
semi-free maintenance plans.
Mr. Mike Hall, 765 Lisa Court, addressed the Council noting
that the City should maintain each and every park in the City.
A substitute motion was made by Councilman Gilroy seconded
by Councilwoman Nelson to refer the matter back to the Parks &
Recreation Department to present alternative plans for the
maintenance of Butcher Park to include more options and failed by
the following Roll Call Vote: Ayes: Councilmembers: Gilroy,
Nelson and Rowlison; Noes: Councilmembers: Hale, Kloecker, Valdez
and Gage.
The original motion approving the bid of Perma Green in the
amount of $12,449.00 for improvements as recommended for Butcher
Park carried by the following Roll Call Vote: Ayes: Council-
members: Hale, Kloecker, Valdez and Gage; Noes: Councilmembers:
Gilroy, Nelson and Rowlison.
Motion was made by Councilman Gilroy seconded by Council-
woman Nelson and carried that the Public Hearing to consider a
General Plan Amendment request of South County Development,
applicant - GPA 91-03 be continued to the June 1, 1992 Regular
Council Meeting, requested by the applicant.
Director of Parks & Recreation Connelly explained the
proposed Park Ordinance revisions previously presented to
Council.
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison to direct Staff to prepare the proposed
revisions to the Park ordinance as recommended. Motion failed by
the following Roll Call Vote: Ayes: Councilmembers: Kloecker,
Rowlison and Valdez; Noes: Councilmembers: Gilroy, Hale, Nelson
and Gage.
Motion was made by Councilman Valdez seconded by Councilman
Gilroy and carried to direct Staff to prepare revisions to the
park ordinance limiting glass containers to designated picnic
areas that have been posted indicating City approval.
Motion was made by Councilwoman Nelson seconded by
Councilman Valdez and carried that Staff investigate recycling
containers with a safety element for use in City parks.
Discussion was had regarding The Congestion Management
Agency and the Commuter Network Proposal for a Countywide
Transportation Demand Management (TDM) Program.
Res.92-33
Res.92-34
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Mrs. Patti Hale, representing Gilroy Foods, addressed the
Council noting that the proposed Program will be too costly for
Gilroy Foods and requested that the City apply for grant funding
for safe bicycle paths and other solutions to aide them in
complying with the requirements of the program.
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison that the reading of Resolution No. 92~33 be
waived and that it be adopted designating the Commuter Network of
the Santa Clara County Congestion Management Agency as the Agency
authorized to administer the provisions of the Transportation
Demand Ordinance on behalf of the City of Gilroy. >r.
RESOLUTION NO. 92 - 33
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING THE
SANTA CLARA COUNTY CONGESTION MANAGEMENT AGENCY AS RECIPIENT OF
AND OVERALL PROGRAM MANAGER FOR AB 434 (SHER-1991) VEHICLE
REGISTRATION FEE REVENUES.
PASSED AND ADOPTED this 18th day of May, 1992, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBER:
COUNCILMEMBERS:
GILROY,
VALDEZ
NELSON
None
HALE, KLOECKER, ROWLISON,
and GAGE
Motion was made by Councilman Kloecker seconded by:~
Councilman Gilroy that the reading of Resolution No. 92-34 be
waived and that it be adopted designating the Santa Clara County
Congestion Management Agency as Recipient of and overall Program
Manager for AB 434 (Sher-1991) Vehicle Registratio~ Fe~ Revenues. ~
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RESOLUTION NO. 92 - 34
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING THE
COMMUTER NETWORK OF THE SANTA CLARA COUNTY CONGESTION MANAGEMENT
AGENCY AS THE AGENCY AUTHORIZED TO ADMINISTER THE PROVISIONS OF
THE TRANSPORTATION DEMAND ORDINANCE ON BEHALF OF THE CITY OF
GILROY.
PASSED AND ADOPTED this 18th day of May, 1992, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBER:
COUNCILMEMBERS:
GILROY,
VALDEZ
NELSON
None
HALE, KLOECKER, ROWLISON,
and GAGE
Motion was made by Councilman Kloecker seconded by Council-
woman Rowlison and carried by a unanimous Roll Call Vote that the
ordinance be read by title only and waive further reading of the
ordinance establishing requirements for the Transportation Demand
Management Program. The title of the ordinance was read.
Discussion was had regarding various proposed regulations
of the ordinance that should not apply to the City of Gilroy
because of its unique location in comparison with other cities in
the county, i.e. inadequate access to public transit; commutes
leaving the city to other locations outside of the area;
relatively smaller industries and businesses, etc. It was noted
that these comments should be made at the hearings before the Bay
Area Air Quality Control District on the Draft Plan.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried by the following Roll Call Vote to
introduce the proposed ordinance establishing requirements for
the Transportation Demand Management Program to be published by
title and summary, Roll Call Vote: Ayes: Councilmembers:
Kloecker, Rowlison, Valdez and Gage; Noes: Councilmembers:
Gilroy, Hale and Nelson.
The Mayor appointed Councilmembers: Valdez, Nelson and Hale
to a Committee to recommend action on the Bay Area Air Quality
Management District Draft Plan as presented. Councilman Valdez
hl:)G
Recess
Growth Task
Force
JPA re:
S.C. Co. Reg.
WW Auth.
S.Mont.
Reorg.91-02
Res.92-35
suggested that a Legislative Watch Dog be appointed to view
proposed legislation before same becomes a law.
At 9:59 p.m. the Mayor declared a recess and reconvened the
meeting at 10:05 p.m.
Motion was made by Councilman Kloecker seconded by Council-
man Hale and carried that Louis R. Ramirez and Frank A. Romero be
appointed to the Residential Growth Task Force as recommended by
the Gilroy Hispanic Chamber of Commerce.
City Administrator Baksa presented a Joint Exercise of
Power Agreement Creating the South County Regional Wastewater
Authority for Council approval.
Discussion was had on the proposed Agreement.
Motion was made by Councilwoman Nelson seconded by
Councilman Kloecker and carried that the Joint Exercise of Power
Agreement creating the South County Regional Wastewater Authority
be approved as amended.
Noted a recommendation to adopt a resolution approving
reorganization poceedings of South Monterey Reorganization 91-
02. Planning Director Dorn explained the proposal.
Motion was made by Councilman Kloecker seconded by
Councilwoman Nelson that the reading of Resolution No. 92-35 be
waived and that it be adopted approving the reorganization
proceedings.
RESOLUTION NO. 92 - 35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING
THE REORGANIZATION OF APPROXIMATELY 187.8 ACRES OF LAND ON THE
EAST SIDE OF MONTEREY HIGHWAY, BETWEEN THE HIGHWAY 101 ON-RAMP
AND BOLSA ROAD, FOR ANNEXATION TO THE CITY OF GILROY AND
DETACHMENT FROM THE SOUTH SANTA CLARA COUNTY FIRE DISTRICT (SOUTH
MONTEREY REORGANIZATION 91-02).
PASSED AND ADOPTED this 18th day of May, 1992, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
The following informational items were noted with no
separate discussion on same except as noted:
Correspondence re: Regional Government/Governance:
Bay Vision Action Coalition Invitation to Panel Discussion
on Regional Growth Management,and SB 797 (Morgan);
Customer Service:
City of Daly City Parks and Recreation Department In
Appreciation;
Santa Clara Valley Water District 1992 Water Use
Restrictions;
City of Morgan Hill re: Nominations to Solid Waste
Commission of Santa Clara County;
Proclamations Issued by Mayor Gage:
Family Reunion Weekend - May 8-10, 1992; and Victims of
Pornography Week - May 5-11, 1992;
Cities of Mountain View and Sunnyvale requesting notifica-
tion of FAA Studies or Other Activities Relevant to NASA/Moffett;
Plan. Com.
5-7-92
JPA
5-5-92
Water prog
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Cities Population January 1, 1992;
Police Department Employee of the Month of March 1992 -
Carmen Carpenter; Month of April 1992 - Ray Hansell;
Report on Spring Clean-Up April 3-12, 1992;
State Department of Commerce re: City's Application to the
1992 Demonstration Program (California Main Street Program);
City's Response to Oppose SB 1538 (Kopp) Brown Act;
City's Response to the Draft EIR for the City of San Juan
Bautista's Wastewater Reclamation Project;
City's Response to county of Santa Clara's Annexation
Process;
County of Santa Clara Request for Support for Countywide
Solid Waste Program Staffing; and
Mayor's Certificate of Service to Alex E. Lopes, Law
Officer of the Year for John A. Berri Post 6309.
Noted the Report of the Planning Commission Meeting of
May 7, 1992.
Noted request of the Commission to discuss soundwalls on
Santa Teresa Boulevard. Council requested that same be discussed
at their Joint Planning Commission/Council Study Sessions
scheduled for June 22, 1992 and July 27, 1992 re: Land Use
Element of the General Plan to decide at that time whether or not
a special Council Study Session would be necessary.
Noted the Minutes of the Joint Powers Sewer Advisory
Committee Meeting of May 5, 1992.
City Administrator Saksa gave an update on the Water
Conservation Program.
Discussion was had on the Financial Plan for Bonding of a
Wastewater Treatment Plant Facilities.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that the proposed bonding of the
Financial Consultants of the City be approved to proceed with a
Negotiated Sale for funding the Wastewater Treatment Plant
Facilities. Councilwoman Nelson voted "no" on the motion noting
that the reason for her action on the matter was because it was
her understanding that the City would proceed with Revenue Bonds
for funding of he Wastewater Treatment Plant Facilities and she
does not agree with the Financial Consultant's opinion that COPs
should be purchased for said funding.
Council set June 8, 1992 as a Study Session of the Council
to further discuss sidewalk options regarding City v. property
owners responsibility for maintenance of same.
Council agreed that if information regarding establishing
storm drains as a utility for fees to maintain same is available
that this could also be studied by Council at the June 8th Study
Session.
The Mayor noted the Leadership Forum scheduled for May 21st
at 7:30 a.m. would be regarding Hazardous Materials - Chemical
Control.
The 6-month Review of Council GoalS/Objectives was noted.
Councilman Hale noted the Santa Clara County Cities
Association Comments to SB 797 and that changes to this
legislation are hourly and requested Council advise him of the
correct direction to proceed on any particular legislation.
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Councilman Gilroy noted the Economic Development Committee
would be meeting May 6th at 10-12 p.m. in the Chamber Conference
Room and that he would attend same.
Councilwoman Nelson noted that the Visitors' Bureau is
promoting an Ostrich Festival with the Gilroy and Morgan Hill
Chambers of Commerce.
City Administrator Baksa recommended that Council bring in
their budget documents by July 6th for an update on same.
The following meetings were noted:
City Council Study Session, May 19, 1992 - 7:00 p.m.,
Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, re:
Economic Development;
City of Gilroy Leadership Forums, Gilroy Senior Center
Meeting Room, 7371 Hanna Street, Gilroy: 7:30 a.m. to 9:00 a.m.,
May 21, 1992; July 16, 1992; September 17, 1992; and November 19,
1992.;
Cal-Trans Citizens' Interest Group Meeting re: State Route
152, May 28, 1992 - 4:00 p.m., Gilroy Council Chambers, 7351
Rosanna Street;
Gilroy Planning Commission Annual Retreat, May 30, 1992
8:00 a.m. to 5:00 p.m., La Cas a Meeting Facility of Gilroy Foods;
Joint City Council/Planning Commission Study Sessions, June
22, 1992 and July 27, 1992 - 7:00 p.m., Gilroy Senior Center,
7351 Rosanna Street, re: Discussion of General Plan policies for
the Land Use Element; and
Annual Employees'/Council/Commission Barbecue, August 15,
1992, Christmas Hill Park.
At 10:47 p.sm. the Mayor adjourned the meeting.
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