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Minutes 1992/06/15 1; J 1 Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Suellen C. Rowlison, Pete Valdez, Jr., and Donald F. The City Clerk noted that the agenda had been posted on June 11, 1992 at 10:42 a.m. Pastor Rich Garcia, South Valley Community Church, gave the Invocation. The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting June 15, 1992 Gilroy, California Roll Call Posting Agenda Invocation , '1 ;;,. 1\' t. . ;, l' t' Emp.Award Consent Calendar Minutes Budget Claim J.Watry Res.92-41 Res.92-42 Law Suits Imprvmt s . Dev.Agree. Agree.re: Cal ID Sys Intro.Ord. Dev.Agree. Gage; Absent: Councilmember: Sara C. Nelson. The Mayor presented the Employee Award for the month of May 1992, to David Rivers, Public Safety Communicator II. Motion was made by Councilman Kloecker seconded by Council- man Hale that the following items under the Consent Calendar, excluding Item "L" to be voted upon separately, be approved by the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Hale, Kloecker, Rowlison, Valdez and Gage; Absent: Councilmember: Nelson: Minutes of the Regular Council meeting of June 1, 1992; Approved Budget Amendments/Transfers as recommended; Denied claim of James Watry as recommended; Adopted Resolution No. 92-41 Directing City Agencies to Review Conflict of Interest Code; RESOLUTION NO. 92 - 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DIRECTING CITY AGENCIES THAT HAVE ADOPTED CONFLICT OF INTEREST CODES TO REVIEW THOSE CODES AND REPORT BACK TO THE CITY COUNCIL AS REQUIRED PURSUANT TO GOVERNMENT CODE, SECTION 87306(a) PASSED AND ADOPTED this 15th day of June, 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GILROY, VALDEZ None NELSON; HALE, KLOECKER, ROWLISON, and GAGE Adopted Resolution No. 92-42 continued support to recommend the transfer of Moffett Field to NASA, which is ratification of Council action June 1, 1992; RESOLUTION NO. 92 - 42 RESOLUTION OF THE COUNCIL OF TRANSFER OF MOFFETT FIELD TO PASSED AND ADOPTED this 15th vote: AYES: THE CITY OF GILROY SUPPORTING THE NASA. day of June, 1992, by the following COUNCILMEMBERS: GILROY, VALDEZ None NELSON; HALE, KLOECKER, ROWLISON, and GAGE. NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: Agreed to join as Amicus in law suits (San Bernardino County Sheriff Employees' Benefit Assoc. v. San Bernardino County Employees' Retirement Assoc.) (Rossmoor Community Services District v. All Persons) as recommended by the City Attorney; Accepted Improvements for Gilroy Redwoods Associates, Project No. 88-46, Mantelli Drive/Kern Avenue; Approved Development Agreement #91-23, Rena Barton, 9050 Church Street, as recommended; Approved Fourth Amendment to Agreement to Provide Local Law Enforcement Agency Access to the California Identification System; Introduced an ordinance amending the Backflow Prevention Ordinance to be published by title and summary; and- Approved Development Agreement #92-22, Industrial Twenty Ventures, Mayock Road. Discussion was had regarding the revised Risk Coverage Pub. Hear GPA 91-04 !'!" . \ -, Agreement with ABAG, noting that this coverage should be used for the South County Regional Wastewater Authority. Motion was made by Councilman Kloecker seconded by Councilman Valdez by the following Roll Call Vote that the revised Risk Coverage Agreement with ABAG be approved: Ayes: Councilmembers: Gilroy, Hale, Kloecker, Rowlison, Valdez and Gage; Absent: Councilmember: Nelson. (Adopted Resolution No. 92-42A) The Mayor stated that it was the time and place scheduled for the continued Public Hearing to consider a General Plan Amendment request to change the designation and density of Gilroy's General Plan Map for approximately three acres from Low Density Residential to Medium Density Residential for property located at 8790Kern Avenue and the parcel to the south, steven Nicholas and Leo Ludwig applicants, GPA 91-04. The updated Staff Report was noted and further explained by Senior Planner Myer. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. The following addressed the Council: Joe Caldwell, 790 Lawrence Drive, representing the First Baptist Church, noting that they are not in agreement with the proposed cul-de-sac fronting their property. Mary Garcia, 803 Lawrence Drive, representing the Committee against the zone change, further explaining their concerns. Mary Gomenet, 8710 Kern Avenue, opposed to the proposal requesting that the zoning remain R1. Peter Biaz, 8700 Kern Avenue, opposed to the proposed rezoning, noting that he was not informed of the proposed street pattern planned. Anthony Coletto, 811 Eschenburg Drive, property owner of the proposed prezoning, further explaining the proposal including a slide presentation and handout to Council, noting that the owners are flexible with the street pattern of the proposed plan and that same could be modified. Michelle Rundle, 1145 Valbusa Drive, parent of a student attending Rod Kelley School, concerned for the safety of the children and traffic congestion in the area. She noted that she has a video tape and would like to show same to Council if this hearing is scheduled to be continued. She requested Council, on behalf of the parents of the elementary students in the vicinity, oppose the proposed prezoning. Michael Pierce, 8561 Amanda, noting that the streets in the proposed prezoning area will have to be widened to accommodate traffic in the area. Sandy Davey, 976 Howard Avenue, inquired if surveys have been conducted regarding the school, park and proposal for medium and low density. Steven Nicholas, 7165 Redwood Retreat Road, owner of the property, noting that there is no market for R1 property and that they have to come up with a solution to develop their property. Christopher Nelson, 793 Lawrence Drive, noting no objection to the subject property being developed but would rather see Lawrence Drive being a through street with R1 development. Dr. Joe Caldwell, representing the First Baptist church, requesting that a consensus of the wishes of the adjacent property owners be made prior to approving the proposed plan. ~ ~ '\ ) Pub. Hear. Budget Res.92-44 Hearing no further comments, the Mayor closed the Public Hearing. Motion was made by Councilman Valdez seconded by Councilwoman Rowlison and carried by the following Roll Call vote that the request be denied: Ayes: Councilmembers: Gilroy, Hale, Rowlison, Valdez and Gage; Noes: Councilmember: Kloecker; Absent: Councilmember: Nelson. The Mayor stated that it was the time and place scheduled for a Public Hearing on the 1992-1997 Financial Plan of the City of Gilroy. City Administrator Baksa reported on the State Legislator's effect on the City's budget and recommended that the City's budget be approved as reviewed by Council and further study on the budget if necessary. Councilman Valdez suggested that the following be notified: newspaper, Channel 34, leaflets at Old City Hall, letter to the editor and request for accountability on those making the decisions regarding the state budget that will effect the City's budget. Penelope Karas Lockhart, 7664 Los Padres Court, addressed the Council requesting Library funding for the Library being open on Sundays, specifically $15,614.00 to allow the Library to be open on Sundays from 1:00 p.m. to 5:00 p.m., for a one year trial experiment. Diane Tinsley, Library & Culture Commissioner, 855 Fillipelli Drive, addressed the Council requesting that the Library Trust interest be used for funding the Library to be open on the hours requested on Sundays. The Mayor suggested that the Library close on those hours when the facility is not used to capacity to allow for Sunday openings. 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 Hale seconded by Councilman Kloecker that the reading of Resolution No. 92-43 be waived objecting to the proposed State budget that would effect the City's revenues and 1992-93 Budget, and that it be adopted requesting that copies be forwarded to the City's legislators. RESOLUTION NO. 92 - 43 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY, CALIFORNIA OBJECTING TO THE STATE OF CALIFORNIA PROPOSED BUDGET EFFECTING CITY'S REVENUES IN THE 1992-1993 BUDGET. PASSED AND ADOPTED this 15th day of June, 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GILROY, VALDEZ None NELSON HALE, KLOECKER, ROWLISON, and GAGE Motion was made by Councilman Kloecker seconded by Councilman Gilroy that the reading of Resolution No. 92-44 be waived and that it be adopted, adopting the 1992-1993 Budget. RESOLUTION NO. 92 - 44 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE BUDGET FOR SAID CITY FOR FISCAL YEAR 1992-1993 AND APPROPRIATING PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET. AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBER: NELSON NOES: ABSENT: Contd.P.H. Pub.Hear. Z 91-08 Pub. Hear. Maint. Dist. No. 1 L' ) Appointed Councilmembers Valdez, Kloecker and Hale as a Task Force Committee to inform the public of the state's action on their budget that will effect the City's budget. It was noted that Senator Mello and Assemblyman Areias will be invited to the June 18 study Session of the Council to defend their actions regarding the State Budget and its effect on cities. Motion was made by Councilman Kloecker seconded by Councilman Valdez that the reading of Resolution No. 92-45 be waived and that it be adopted approving the Appropriation Limits for 1992-1993 as recommended. RESOLUTION NO. 92 - 45 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE APPROPRIATION LIMIT FOR 1992-1993 FISCAL YEAR. PASSED AND ADOPTED this 15th day of June, 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GILROY, HALE, KLOECKER, VALDEZ and GAGE None NELSON ROWLISON, At 9:02 p.m. the Mayor declared a recess and reconvened the Meeting at 9:07 p.m. The Mayor continued the Public Hearing to consider a Tentative Map request, The William Lyon Company and Arcadia Development Company, TM 91-01 as requested, to the July 20, 1992 Regular Council meeting The Mayor continued the Public Hearing to consider a rezoning request of The William Lyon Company and Arcadia Development Company, Z 91-10 as requested to the July 20, 1992 Regular Council Meeting. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a prezoning request on appeal to PO (Professional Office) District for property located at 655 Cohansey Avenue, 2.436 acres, Dr. T. Gallo, et al applicant, Z 91-08. The Staff Report was noted and further explained by Planning Director Dorn. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Dr. T. Gallo, 8408 Wayland Lane, applicant, addressed the Council requesting that the pre zoning be approved further explaining the proposed plans for the property. Ms. Gloria Ballard, MH Engineering, representing the applicant addressed the Council further explaining the proposal. 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 Hale seconded by Councilman Gilroy and carried that the pre zoning application be approved and directed Staff to prepare an ordinance for introduction at the next regular meeting. Motion was made by Councilman Hale seconded by Councilman Kloecker by the following Roll Call Vote to approve the Negative Declaration for Z 91-08 as completed in compliance with CEQA, as reflecting the independent judgement of the City: Ayes: Council- members: Gilroy, Hale, Kloecker, Rowlison, Valdez and Gage. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider the Annual Benefit Assessment f' " '" i' ) r ~ ,\_ ' " Res.92-46 Pub. Hear. GPA 84-01 Pub.Hear. Sewer Rates J .Filice GPA 90-07 for Maintenance District No.1, City of Gilroy (Country Estates), 1992-1993 Fiscal Year. , City Administrator Baksa explained the Staff Report further explained by Director of Public Works Allen. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Hale seconded by Councilwoman Rowlison that the reading of Resolution No. 92-46 be waived and that it be adopted giving final approval to the annual budget and Engineer's Report, Overruling Protests and Ordering the Levy and Collection of Benefit Assessments for 1992-1993. RESOLUTION NO. 92 - 46 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGARDING MAINTENANCE DISTRICT NO.1, CITY OF GILROY, GIVING FINAL APPROVAL TO THE ANNUAL BUDGET AND ANNUAL ENGINEER'S REPORT, OVERRULING PROTESTS AND ORDERING THE LEVY AND COLLECTION OF BENEFIT ASSESSMENTS FOR THE FISCAL YEAR 1992-1993. PASSED AND ADOPTED this 15th day of June, 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GILROY, HALE, KLOECKER, VALDEZ and GAGE None NELSON ROWLISON, The Mayor stated that it was the time and place scheduled to consider a General Plan Amendment request of the City of Gilroy to adopt a new Circulation and Air Quality Element to its General Plan, and proposing a City-wide Traffic Impact Fee for new development, GPA 84-01, City of Gilroy, Applicant. City Administrator Baksa presented a request of the Building Industry Association requesting that the matter of Traffic Impact Fees be continued for a thirty day period. The Staff Report was noted and further explained by Planning Director Dorn. Discussion was had by Council on the proposal. Discussion was had regarding eliminating Monterey at Leavesley, Tenth, Sixth and Thomas from Grade Separations as proposed. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. There was no comment from anyone in the audience. The Mayor closed the Public Hearing and continued Council Action on the matter to their July 20, 1992 Regular meeting. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider revision and adjustment of rates and charges for municipal sewer service and recommended by the bond consultants to continue this Public Hearing to June 29, 1992. The Mayor continued the Public Hearing to a June 29, 1992 meeting as recommended by the bond consultants. Council set June 18, 1992 at 7:30 p.m. as a Study Session to discuss with bond consultants the municipal sewer service rates and adjustments, including bonding for Gilroy/Morgan Hill Longterm Wastewater Facilities, requesting that said meeting not be televised. Agreed to adjourn this meeting to June 29, 1992 for action regarding the Municipal Sewer Service rates and charges and a Study Session to follow the adjourned regular meeting to discuss sidewalk options regarding City v property owner's responsibility for maintenance of same. Motion was made by Councilwoman Rowlison seconded by Councilman Hale that the reading of a resolution approving the Intro.Ord. re:Parks Res.82-47 G.Jackson Bus Yd. ;j'" General Plan Amendment request of J. Filice & Sons, GPA 90-07 be waived and that it be adopted by the following Roll Call Vote: Ayes: Councilmembers: Hale, Rowlison and Gage; Noes: Council- members: Gilroy, Kloecker and Valdez; Absent: Councilmember: Nelson. It was noted that the matter would be reagendized on June 29, 1992 in anticipation of all Councilmembers present. Motion was made by Councilwoman Rowlison seconded by Councilman Kloecker and carried that the title of the ordinance pertaining to glass beverage containers in City Parks be read. The City Clerk read the title of the ordinance. Motion was made by Councilwoman Rowlison seconded by Councilman Valdez and carried that the ordinance be introduced and published by title and summary. Motion was made by Councilman Gilroy seconded by Councilman Hale that the title of Resolution No. 92-47 approving reorganiza- tion proceedings of Terri Court/Cohansey Avenue Reorganization 91-03, containing 2.436 acres be read and that it be adopted, noting 100% consent, no pubic hearing required. RESOLUTION NO. 92 - 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE REORGANIZATION OF APPROXIMATELY 2.436 ACRES OF LAND ON THE NORTH SIDE OF COHANSEY AVENUE, AT TERRI COURT, ANNEXATION TO THE CITY OF GILROY AND DETACHMENT FROM THE SOUTH SANTA CLARA COUNTY FIRE DISTRICT TERRI COURT/COHANSEY AVENUE REORGANIZATION 91-03). PASSED AND ADOPTED this 15th day of June, 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GILROY, VALDEZ None NELSON HALE, KLOECKER, ROWLISON, and GAGE Ms. Loretta Springer, 1600, Decker Avenue, San Martin, representing Santa Clara County Transit District Gladys Jackson Division (South Yard) Employees and Gilroy/South County residents re: threatened closure of Gladys Jackson Division by the Transit District, addressed the Council. Councilman Kloecker agreed to write a letter of support for the Mayor on behalf of the City Council and further agreed to notify the Morgan Hill City Council of the City'S actions regarding this matter. Ms. Springer further requested that each individual Councilperson contact the Board of Supervisors requesting that the Gladys Jackson Yard remain open. The following informational items were noted with no separate discussion on same unless otherwise indicated: Correspondence re: Regional Government/Governance: Senator Mello re: Revised Version of SB 797 (Morgan). Councilman Hale agreed to write a letter to Senator Mello under the Mayor'S signature indicating the City'S response to the revised version of SB 797; Customer Service: Ed Keaveney re: Gilroy Golf Course; Louise Santana re: City of Gilroy'S Customer Service; Gilroy Hispanic Chamber of Commerce in Appreciation; Inter-Office Memo In Appreciation; Chief of Police Commending City Employees; The Modern Transit Society re: Transportation Initiative; 1 ~ 1 ')I j~ Plan. Com. 6-4-92 Pers.Com. 5-18-92 JPA 5-12-92 Oakley Chamber of Commerce, Contra Costa County re: Smoking Ban Campaign; Correspondence re: Proposed Increase in Landfill Business Tax by the City of San Jose: City of Monte Sereno; City of Santa Clara; Town of Los Gatos; City of Mountain View; Town of Los Altos Hills; City of Sunnyvale; and City of Mountain View additional Correspondence; County of Santa Clara Advance Planning Office Info, Issue #92-4, April 16, 1992; Laurel Maloney in appreciation of City addressing various issues; Proclamation Issued by Mayor Gage: 46th Anniversary of the Founding of the Italian Republic; City's response re: Bay Area Air Quality Management District Draft Rule; Chief of Police in appreciation of Development of a Youth Gang Unit; Santa Clara County Manufacturing Group re: Appointment of Local Transportation Authority Members; City's Response to Assemblyman Areias and Senator Mello re: Local Government Working Group Options; City in appreciation of Goldsmith seeds, Inc. and Wright Iris Nursery for planting in the Downtown and Civic Center Areas; Certificate of Service to Alex E. Lopez for Gilroy Post 217 Law Officer; and Supervisor Dianne McKenna re: Seventh Annual Celebration of California Rideshare Week and "Beat the Back-Up Day" September 17, 1992. Noted the Report of the Planning Commission Meeting of June 4, 1992. Noted the Personnel Commission Report of their Meeting of May 18, 1992. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that the Alcohol and Controlled Substance Abuse Policy for Miscellaneous Union Employees only be approved as recommended. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that the job description for Junior Staff Accountant and Human Resources Analyst be approved as recommended. The Minutes of the Joint Powers Sewer Advisory Committee Meeting of May 12, 1992 were noted. City Administrator Baksa noted the update on the Water conservation Program. City Administrator Baksa distributed the Newsletter of the Uvas Creek Park Preserve Task Force Bulletin No.1, June 11, 1992. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that Councilmembers: Gage, Hale and Kloecker be appointed as representatives to the South County Regional Wastewater Authority. USA Adjrnmt. i; ," i:i City Administrator Baksa distributed a Time Schedule of J. P. Morgan for Issuing Bonds for the Wastewater Treatment Plant Facility. Council agreed that the City should continue charging $2.00 for the Water Conservation Kits. City Administrator Baksa distributed reimbursement forms to Councilmembers. The City Attorney reported on the County General Plan Amendment/Urban Limit Line, noting that the County can set same only with cooperation of the City. Councilman Hale noted that the Santa Clara County Cities Association representatives to ABAG are Dennis Spangler, Los Altos and Councilman Kloecker. Councilman Hale noted that their LAFCO representative is Penny Lave, Los Altos. Councilman Hale noted that their representative to the County General Plan Review Committee is Lauralee Sorensen, Cupertino. It was noted that representative on Measure T Committee will be selected June 25 at Monte Sereno City Hall. Councilman Kloecker noted that he, Nick Sabo, Milpitas and Karen Anderson, Saratoga have been nominated as representatives on Measure A, Traffic Authority and that he intends to forward a letter requesting appointment to same, as South County has not had a representative on this Committee. Councilman Hale noted that the City of Campbell has invited Gilroy to join the Local Diversion Program and request to oppose Legislation 2409 and he will forward opposition to same by letter. The following meetings were noted: Joint City Council/Planning Commission Study Sessions, 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, 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 11:05 p.m. the Mayor adjourned the meeting to an adjourned regular meeting of the Council. Respectfully submitted, 4~~0<vl8