Minutes 1992/06/01
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Invocation
Posting
Agenda
Roll Call.
Consent
Calendar
I
..
Regular Meeting
June 1, 1992
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Kevin Wilson, Gilroy Bible Church gave the
Invocation.
The City Clerk noted that the Agenda had been posted on May
28, 1992 at 2:00 p.m.
Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul
V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez Jr.
and Donald F. Gage;
Motion was made by Councilman Kloecker seconded by Council-
man Valdez by the following Roll Call Vote, excluding Items "C",
"D" and "F" that the following Items under the Consent Calendar
be approved as recommended: Ayes: Councilmembers: Mike Gilroy,
Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C.
Rowlison, Pete Valdez, Jr. and Donald F. Gage;
Minutes
Budget
Imprvmt s .
Ord.92-6
Unif . Bldg. ,
etc. Codes
Res.92-36
Res.92-37
Res.92-38
Minutes of the Regular Meeting of May 18, 1992;
Approved Budget Amendments/Transfers as recommended; and
Accepted Improvements for Gary A. & Jean M. Walton, 171
Liman Avenue, Project No. 91-28 as recommended.
Voted separately on the following items:
Motion was made by Councilman Kloecker seconded by
Councilman Valdez that Ordinance No. 92-6 be adopted Enacting
Chapter 25B of the City Code Pertaining to Establishing
Requirements for a Transportation Demand Management Program.
ORDINANCE NO. 92 - 6
AN ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER 25B OF THE
GILROY CITY CODE PERTAINING TO ESTABLISHING REQUIREMENTS FOR
TRANSPORTATION DEMAND MANAGEMENT PROGRAM.
PASSED AND ADOPTED this 1st day of June, 1992, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: KLOECKER, ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: GILROY, HALE and NELSON
COUNCILMEMBERS: None
Discussed proposed resolutions adopting the 1991 Editions
of the Uniform Building, Plumbing, Mechanical, Housing, Abatement
and Administrative Codes and Fire Code regulating construction in
the City, further explained by Chief Building Official James and
Assistant Fire Chief Ledesma.
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison that the reading of Resolution No. 92-36 be
waived and that it be adopted.
RESOLUTION NO. 92 - 36
RESOLUTION OF THE CITY OF GILROY ADOPTING THE UNIFORM BUILDING,
PLUMBING, MECHANICAL, HOUSING AND ABATEMENT, AND ADMINISTRATIVE
CODES 1991 EDITIONS, WITH MODIFICATIONS.
PASSED AND ADOPTED this 1st day of June, 1992, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
None
None;
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison that the reading of Resolution No. 92-37 be
waived and that it be adopted.
RESOLUTION NO. 92 - 37
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY MAKING FINDINGS
REGARDING CHANGES AND MODIFICATIONS OF THE UNIFORM BUILDING AND
UNIFORM FIRE CODE.
PASSED AND ADOPTED this 1st day of June, 1992, by the following
vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
NOES:
ABSENT:
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison that the reading of Resolution No. 92-38 be
waived and that it be adopted.
RESOLUTION NO. 92 - 38
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY MAKING FINDINGS
REGARDING CHANGES AND MODIFICATIONS OF THE UNIFORM PLUMBING CODE.
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Res.92-39
Res.92-40
Moffett
Field/NASA
Bids re:
City Hall
PASSED AND ADOPTED this 1st day of June, 1992, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison that the reading of Resolution No. 92-39 be
waived and that it be adopted.
RESOLUTION NO. 92 - 39
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY MAKING FINDINGS
REGARDING CHANGES AND MODIFICATIONS OF THE UNIFORM BUILDING CODE.
PASSED AND ADOPTED this 1st day of June, 1992, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None.
Motion was made by Councilman Kloecker seconded by Council-
woman Rowlison that the reading of Resolution No. 92-40 be waived
and that it be adopted.
RESOLUTION NO. 92 - 40
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING UNIFORM
FIRE CODE, 1991 EDITION, WITH MODIFICATIONS AND THE CALIFORNIA
FIRE CODE.
PASSED AND ADOPTED this 1st day of June, 1992, by the following
vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Councilmembers Robin Parker (Sunnyvale) and Patricia
Figueroa (Mountain View) addressed the Council and gave a
presentation regarding General Aviation and Recommendation of the
San Jose General Aviation Task Force Requesting continued support
of the Transfer of Moffett Field to NASA.
Motion was made by Councilman Kloecker seconded by Council-
woman Nelson and carried to continue to support the transfer of
Moffett Field to NASA and agreed to ratify this action by
Resolution as requested at the June 15, 1992 Regular Council
Meeting.
At 7:34 p.m. Parks & Recreation Director Connelly gave his
Departmental Report. At 8:00 p.m. the Mayor reconvened the
meeting.
City Administrator Baksa noted that the recommendation on
selection of the Wastewater Treatment Plant Underwriter would be
made by the South County Regional Wastewater Authority at their
June 9, 1992 meeting. He further noted that the City will
proceed with a type of Revenue Bonds for funding of the Waste-
water Treatment Plant Facilities instead of Certificates of
Participation previously noted.
City Administrator Baksa presented a recommendation on bids
for City Hall Expansion, Renovation and Additions Project and
that same be awarded Sanchez, Inc., Hollister in the amount of
$1,118,000.00.
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison and carried that the bid of Sanchez, Inc.,
of Hollister in the amount of $1,118,000.00 be awarded for City
Hall Expansion, Renovation and Additions Project as recommended.
Councilwoman Nelson voted "no" on the motion.
Pub. Hear.
GPA 91-03
GPA 90-07
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, .
The Mayor stated that it was the time and place scheduled
for a continued Public Hearing to consider a General Plan Amend-
ment Request on approximately 31 Acres, from Industrial and
Visitor Serving Commercial to General Services Commercial,
located southeast of State Route 152 and U.S. Highway 101,
bordering the frontage road of Brem Lane, South County Develop-
ment, Applicant - GPA 91-03, continued from 5-18-92 regular
Council Meeting.
The Staff Report was noted and further explained by Senior
Planner Myer, noting recommendation of Staff for denial and
approval by the Planning Commission.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. David Coldoff, representing the applicant, addressed
the Council further explaining the proposal.
Mr. Phil Gregarian, Los, Gatos, addressed the Council
noting the change to General Commercial for the property is in
order.
Mr. Bill Henry, representing the adjacent land owner,
Trevis Berry, in favor of the proposal but objected to a Traffic
mitigation in the EIR, specifically presented an alternate
proposal for the alignment of Eastside Boulevard and noted that
they would grant right-of-way required with approval of the
alternate proposal.
(At 9:01 p.m. the Mayor declared a recess and reconvened
the meeting at 9:09 p.m.)
The Mayor closed the Public Hearing.
Motion was made by Councilman Gilroy seconded by Councilman
Valdez and withdrawn to continue action on the matter until after
the scheduled Council/Planning Commission Study Session in June
and July, 1992.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez by the following Roll Call Vote to continue
consideration of the EIR until a decision is made regarding the
alternate route proposal for Eastside Boulevard: Ayes:
Councilmembers: Kloecker and Valdez; Noes: Councilmembers:
Gilroy, Hale, Nelson, Rowlison and Gage. Motion failed.
Motion was made by Councilman Hale seconded by Councilwoman
Nelson to certify the Final EIR as complete in compliance with
CEQA, as reflecting the independent judgement of the City, and as
reviewed and considered by the City Council by the following Roll
Call Vote: Ayes: Councilmembers: Gilroy, Hale, Nelson, Rowlison
and Gage; Noes: Councilmembers: Kloecker and Valdez.
Motion was made by Councilman Gilroy seconded by Councilman
Kloecker to continue Council action on the General Plan Amendment
request (91-03) to September 8, 1992 regular Council Meeting in
order to complete Joint Gilroy City Council/Planning Commission
Study Sessions on the Land Use Element of the General Plan and to
decide at that time whether or not a Traffic Study is in order
for the subject property by the following Roll Call Vote: Ayes:
Councilmembers: Gilroy, Hale, Kloecker, Nelson, Rowlison, Valdez
and Gage.
Council continued discussion and action to consider a
General Plan Amendment Request to Amend the General Plan Map from
Industrial Park to General Services Commercial on Property
located on the west side of San Ysidro Avenue, East of U.S. 101,
between Las Animas Avenue and Leavesley Road, on approximately
26.65 acres, J. Filice & Sons, applicants, GPA 90-07. (Public
Hearing held 1-21-92 and Council action continued to 4-20-92, 5-
4-92 and 6-1-92 to allow developers and Staff to present a
proposal for 11 acres of the General Plan Amendment request.)
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Alex Larson
Parks
RDO 82-03
Sargent
Ranch Co.
GPA
Senior Planner Myer gave an update on the Staff Report.
Heard from the following representing the applicant:
Mr. Bob Saxe, addressed the Council, noting the Land Use
study prepared as requested by Council and noted concurrence with
approval of the most southerly 11 acres, but would prefer
approval of the 26.65 acres and as an alternative a Planned Unit
Development requirement.
Mr. John Torre, Earth Metrics Inc., addressed the Council
and explained the Land Use Study prepared.
Mr. Keith Higgins, Traffic Engineer, addressed the Council,
further explaining the traffic circulation of the proposal.
Motion was made by Councilman Hale seconded by Councilwoman
Nelson that the applicant's proposal be approved as presented for
the southerly 11 acres and directed Staff to prepare a Resolution
Modifying Approval of the General Plan Amendment request making
CEQA Findings and adopting Mitigation Monitoring Program by the
following Roll Call Vote: Ayes: Councilmembers: Hale, Nelson,
Rowlison and Gage; Noes: Councilmembers: Gilroy, Kloecker and
Valdez.
City Administrator Baksa recommended that the request of
Alex Larson re: alleged City Ordinance violations at 430-1st
Street and 7871 Hanna street be continued until the City Attorney
returns.
The Updated Staff Report was noted.
Mr. Alex Larson, addressed the Council noting that the
findings are not complete and some of the violations have not
been addressed and requested that the matter be expedited as soon
as possible.
A proposed ordinance pertaining to Glass Beverage
containers in Parks was noted and discussed and further explained
by Parks & Recreation Director Connelly.
Council requested that the proposed ordinance be revised to
redefine definition of parks, removal of barbecue pits and names
of parks as presented.
Councilman Kloecker requested that discussion of City
Council Compensation be continued to the June 15, 1992 regular
Council meeting.
City Administrator Baksa presented and explained a request
to amend the site location for prior RDO approval #82-03 (Thomas
Road Project, c/o The Glen-Loma Group).
Motion was made by Councilman Kloecker seconded by Council-
woman Rowlison and carried that the request to amend the site
location for prior RDO approval #82-03 (Thomas Road Project, c/o
The Glen-Loma Group) be approved as recommended.
The Mayor asked if there was anyone in the audience wishing
to speak on any item not on the agenda. There was no comment
from anyone in the audience.
The Greenbelt Alliance requesting discussion of the Sargent
Ranch County General Plan Amendment was noted and further
explained by Vickie Moore, South Bay Field Representative of
Greenbelt Alliance. She requested that the City recommend to the
County to oppose application filing of the Sargent Ranch Proposal
because it violates policies of the County General Plan.
At 11:02 p.m. the Mayor declared a recess and reconvened
the meeting at 11:07 p.m.
Chamber
of Com.
S.C. Co.
Trans.Com.
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Mr. Bruce Tichinin, 1775 Monterey street, Morgan Hill,
addressed the Council representing CSY Investment requesting
Council not reject the application before the County allowing the
applicant of the Sargent Ranch Proposal to file the General Plan
Amendment request with the County for consideration.
Motion was made by Councilwoman Nelson seconded by
Councilman Valdez and carried that the City take no action on
this proposal at this time.
Mr. David Bouchard, Executive Director of the Chamber,
addressed the Council explaining a request of the Gilroy Chamber
of Commerce re: Small Business Council for Uniform City-wide
Signage and requesting $12,000.00 funds for a Sign Consultant
study, noting that the Chamber would also contribute $12,000.00
toward said study.
Mr. Jim Dowell, representing the Small Business Council,
addressed the Council requesting Council approve the funding
requested.
Discussion was had by Council on the matter.
Mr. David Peoples, Board Member of GDDC, addressed the
Council noting the City funding proposed to be approved in the
1992-93 Budget for use by their organization did not include
signage in other areas of the City directing visitors to the
downtown, noting that they were going to use the funding if
approved for signage in the downtown area only.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that the funding by the City for
participation in the City-wide Sign Consultant Study be approved
as follows: $3,000.00 from Visitors Bureau; $5,000.00 from City
entry signs and $3,000.00 from South Monterey Median Strip
Landscaping.
Approved the nomination of Councilman Kloecker as the
City's Council Representative on the County of Santa Clara
Transportation Commission for a term expiring June 30, 1994.
Noted the following informational items with no separate
discussion on same:
Customer Service:
Police Department/Customer Letters in Appreciation;
Gilroy Unified School District in Appreciation of Gilroy
Fire Department;
City's Response to Forest Park Inn Cooperation;
Parks & Recreation Department re: Renz Park Improvements;
City's Response in Appreciation of Nob Hill Foods;
Santa Clara Valley Water District in Appreciation of
Council Action Opposing Assembly Bill #3214;
Proclamation Issued by Mayor Gage:
19th Anniversary of Asian Americans for Community
Involvement - August 14, 1992;
City's Response re: Funding of Santa Clara County Animal
Control Services;
Minutes of the Visitors' Bureau Advisory Committee Meeting
of April 9, 1992 and Financial Statement for April, 1992;
Senator Henry Mello re: State Funding for Water Projects;
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P.& R.Com.
4-21-92
Pers.Com
5-25-92
status of San Jose Landfill Tax;
City of Mountain View re: Comment on Proposed Negative
Declaration, Landfill Business Tax Increase;
City of Cupertino re: Proposed Increase of San Jose
Landfill Business Tax;
City of Sunnyvale re: Proposed Negative Declaration/
Landfill Business Tax Increase;
City of Santa Clara re: Comment on Proposed Negative
Declaration (Landfill Business Tax Increase);
City of Palo Alto re: San Jose Business Tax on Landfill
Operators, Negative Declaration;
South County Greenbelt Implementation: Phase II;
Private Urban Renewal;
Gilroy Foods, Inc. re: City'S Action on Transportation
Demand Management Program Ordinance;
Office of the Attorney General Congratulations on Receiving
the Helen Putnam Award;
Carl Guardino, Director Transportation and Land Use, Santa
Clara County Manufacturing Group in Appreciation;
Parks & Recreation Department In Appreciation of Uvas Park
Preserve Urban Streams Grant;
State Department of Commerce re: 1992 Demonstration Program
(Main Street Application); and
State Department of Water Resources re: Grant Application
for Uvas Creek.
Noted the Minutes of the Parks & Recreation Commission
Meeting of April 21, 1992.
Noted the Minutes of the Senior Advisory Board Meeting of
April 20, 1992.
Noted the Minutes of the Library & Culture Commission
Meeting of May 12, 1992.
Noted the Report of the Personnel Commission Meeting of May
25, 1992.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that the revised job descriptions
for Public Information Technician and Lieutenant be approved as
recommended.
Noted the revised job description for Human Resources
Analyst would be referred back to the Commission for a
recommendation on same.
Motion was made by Councilman Hale seconded by Councilwoman
Nelson and carried that the policy for placement of a higher
classification within similar groupings on a lower classification
eligibility list be approved as recommended.
City Administrator Saksa noted the update on the Water
Conservation Program.
City Administrator Baksa noted scheduling of annual City
Councilmember lunches or breakfasts with Councilmembers.
A report on County General Plan Amendment/Urban Limit Line
was tabled to await the return of the City Attorney.
Adjrnmt.
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Councilman Kloecker noted that he would be applying for
reappointment to the ABAG Board. Council concurred.
Councilman Hale noted that the City's Selection Committee
and Santa Clara County Cities Association have selected their
officers as follows: President, Penny Lave, Los Altos Hills; Vice
President, Donald Burr, Campbell; and other Executive Officer,
Leonard Hale, Gilroy. Council concurred with the selection.
Councilman Hale noted that IGC, Intergovernmental Council
is no longer in existence.
Councilman Hale noted Councilmembers interested in
representing the Santa Clara County Cities Association on the
Local Agency Formation Commission contact him for said
appointment.
Councilman Hale presented a response of the Sub Committee
for the Bay Area Air Quality Management District Draft Rules.
Council concurred with the response to be forwarded the BAAQMD
with a copy to the Congestion Management Agency.
The Mayor noted the following meetings:
Council Study Session, June 8, 1992 - 7:30 p.m., Council
Chambers, re: Discussion of Sidewalk Options regarding City v.
Property Owner's Responsibility for Maintenance of same.
(Subsequently cancelled.)
Joint City Council/Planning Commission Study Session, June
22, 1992 and July 27, 1992 - 7:00 p.m., Gilroy Senior Center, re:
Discussion of General Plan policies for the Land Use Element.
City of Gilroy Leadership Forums, Gilroy Senior Center
Meeting Room, 7371 Hanna Street, 7:30 a.m. to 9:00 a.m., July 16,
1992, September 17, 1992 and November 19, 1992.
Annual Employees'/Council/Commission Barbecue, August 15,
1992, Christmas Hill Park.
At 12:31 a.m., Tuesday, June 2, 1992, the Mayor adjourned
the meeting to a Closed Session re: Existing Litigation - City of
Gilroy v. State Board of Equalization (sales tax case) San
Francisco County Superior Court, Case No. 885365 and Castaneda v.
City of Gilroy (employment case) United States District Court _
Northern District of California, Case No. C-92 20089 WAI(EA).
At 12:45 a.m., Tuesday, June 2, 1992, the Mayor reconvened
the meeting and further adjourned.
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City Clerk