Minutes 1992/10/19
Posting
Agenda
Invocation
Roll Call
Emp.Awards
Consent
Calendar
Minutes
(Refer to
correction
note on 10/15
minutes)
Ord.92-16
PERS
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Regular Meeting
October 19, 1992
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk noted that the Agenda had been posted on
October 15, 1992 at 11:15 a.m.
Pastor Kevin Wilson, Gilroy Bible Church, gave the
Invocation.
Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul
V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez Jr.
and Donald F. Gage, 7:03 p.m.
The Mayor presented Employee Awards for the month of
September 1992 to Lisa Menacho, Resource Management Coordinator
and Christina Savage, Public Information Technician.
Motion was made by Councilman Kloecker seconded by Council-
man Hale that the following items under the Consent Calendar be
approved, by the following Roll Call Vote: Ayes: Councilmem-
bers: 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 Council Meeting of October 5, 1992
with the following corrections noted by Councilwoman Rowlison:
1.) Budget cuts due to State actions to the 1992-93 Budget;
Assistant City Administrator implementation time - after January
1993; 2.) Chamber Sign Study - remain in 1992-1993 Budget;
Adopted Ordinance No. 92-16 Authorizing an amendment to the
contract between the Council and the Board of Administration of
the California Public Employees' Retirement System re: credit of
unused sick leave for local Police Members, including an
extension of the funding period to the year 2011;
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Claim
Budget
Bids:Police
Vehicles
GPA 90-04
& Z 90-10
Traffic
Impact Fees
Res.92-78
ORDINANCE NO. 92 - 16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL
OF THE CITY OF GILROY AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
PASSED AND ADOPTED this 19th day of October, 1992, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
None
None
Denied Claim of Guadalupe Castaneda as recommended; and
Approved Budget amendments/transfers as recommended.
Noted a Report and recommendation of bids for Police
vehicles further explained by City Administrator Baksa.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried to accept the bid and award same to
Bob Lynch Ford for eight (8) vehicles for the Police Department
as recommended: patrol sedans $48,787.20; passenger sedans
$71,363.80. Councilwoman Nelson voted "no" on the motion.
Councilman Kloecker requested a Staff Report and evaluation
on the impact of local preference bidding.
Noted a request of applicants, Shapell, et al to continue
Council action to October 26, 1992 on General Plan Amendment GPA
90-04 from Rural Residential to Low Density Residential, on
property located west of Santa Teresa Boulevard, south of Uvas
Creek on approximately 129 acres and on pre zoning application Z
90-10 from County Agricultural to Residential Hillside (PH) and
Single Family Residential-Planned Unit Development (R1-PUD) on
approximately 882 acres on property located on the westerly side
of Santa Teresa Boulevard from Uvas Creek and south approximately
12,000 feet (Public Hearings held 10-5-92).
Motion was made by Councilwoman Nelson seconded by
Councilman Kloecker and carried to continue Council Action on GPA
90-04 and Z 90-10 to October 26, 1992 as requested.
Noted Council action scheduled to establish a Traffic
Impact Fee on development projects within the City of Gilroy
(Public Hearing held 10-5-92.)
The City Attorney noted changes in the proposed ordinance,
typos and date change in the proposed resolution further noting
State law to be adhered to not specified within the ordinance.
Motion was made by Councilman Gilroy seconded by Councilman
Kloecker and carried by unanimous vote that the proposed
ordinance as amended adding Article VI to Chapter 21 of the City
Code establishing a Traffic Impact Fee on development projects
within the City be read by title only waiving further reading of
the ordinance.
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison and carried that the ordinance as amended
be introduced and published by title and summary.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez that the reading of Resolution No. 92-78
setting Initial Fee Rates be waived and that it be adopted.
RESOLUTION NO. 92 - 78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING
CERTAIN FINDINGS AND SETTING INITIAL RATES FOR A CITYWIDE TRAFFIC
IMPACT FEE ON ALL DEVELOPMENT PROJECTS WITHIN THE CITY OF GILROY.
Downtown
Main st.
proj.
M.Gera
Condo. proj.
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ABAG AU.
Rep.
HCD
Citizens'
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Rep.
RDO
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PASSED AND ADOPTED this 19th day of October, 1992, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, HALE, KLOECKER,
VALDEZ and GAGE
NELSON
None
ROWLISON,
COUNCILMEMBER:
COUNCILMEMBERS:
Continued Reassessment of Goals and Objectives/City's
Commitment of the funding for the Downtown Main Street Program to
October 26, 1992 in order to invite the Gilroy Downtown Develop-
ment Corporation representatives for a report on the project.
A recommendation of the Planning Commission (October 1,
1992) was noted to make an exception to the Residential Condo-
minium Policy from the minimum 24 units to 18 units to allow
construction of an 18 unit condominium project with the stipula-
tion that a common area be provided, Marko Gera, applicant.
Councilman Valdez left the Council table due to a conflict
of interest in the project.
The Staff Report was noted and further explained by
Planning Director Dorn noting that Staff recommended denial and
the Planning Commission recommended granting the exception.
Motion was made by Councilwoman Nelson seconded by
Councilman Hale and carried to accept the recommendation of the
Planning Commission to allow the exception to the Residential
Condominium Policy of 18 unit condominium project with the
stipulation that a common area be provided, Marko Gera,
applicant. (Councilman Valdez absent.)
Council referred the Residential Condominium Policy back to
the Planning Commission to study the policy to determine if an
amendment is necessary.
Councilman Valdez returned and took his seat at the Council
table.
A letter from Jim Blean, 991 Hoesch Way, re: Public Safety
Mutual Aide Agreement was noted and further explained by Mr.
Blean requesting that the Council support a utility Tax for the
City of Morgan Hill.
It was noted that if the City of Morgan Hill did not have
Police and/or Fire Services they would be required to contract
with ei~her the City and/or County and the current Mutual Aide
Agreements would not apply.
Councilwoman Nelson noted that she was the Moderator in
Morgan Hill regarding their proposed utility tax and that she
took no position on same.
The Mayor appointed Councilman Gilroy as the City's
alternate representative on ABAG.
Councilman Hale noted that the Santa Clara County Cities
Association will consider a representative to ABAG and two
representatives to the Air Board next month if any Councilmember
is interested in these appointments.
Motion was made by Councilwoman Rowlison seconded by
Councilman Hale and carried that Mary Ellen Rocha be reappointed
as the Citizens' Advisory Committee Representative for the
Housing and Community Development Program as recommended.
Noted a request of the Gilroy Unified School District to
reschedule Council Study Sessions re: Residential Development
Ordinance (10-21 & 27-92). Rescheduled Council Study Session re:
RDO to November 9, 1992 at 7:00 p.m., Gilroy City Council
Chambers.
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S.C. Reg.
WW Auth.
Gang Task
Force
Set the October 27, 1992 - 7:00 p.m. Study Session for a
continued discussion re: Storm Drain Utility/Curb-Gutter/Street
Tree Issues.
Noted the following informational items with no separate
discussion on same except as noted:
Customer Service: u.S. Department of the Interior in
appreciation;
Signal timing at Leavesley Road and Monterey Street;
Maintenance of Trash Cans Adjacent to local Bus Stops;
Proclamations Issued by Mayor Gage: Red Ribbon Week -
October 24-November 1, 1992 (discussed wording of proclama-
tion); and Clean Water Month - October, 1992;
Citizens' for Balanced Growth re: RDO Issues;
Bay Area Air Quality Management District Public Hearing,
November 18, 1992 - 9:30 a.m., Board Room - 7th Floor, 939 Ellis
Street, San Francisco; and
California Park & Recreation Society Certificate of Merit
re: Run for Fitness Program.
Noted Regional Facilities Expansion Program Report - No.
10, September 1992.
Noted the Minutes of the Gang Task Force Meeting of
September '23, 1992.
Noted an update on the Water Conservation Program.
Councilman Kloecker suggested the City note changes in
State water projects, legislation changes, etc. and how they
affect the Santa Clara Valley Water District and the City's water
supply. It was noted that the Santa Clara Valley Water District
will be giving an Annual Report in February or March 1993.
City Administrator Baksa requested Council table the Report
of Staff time to process sidewalk maintenance assessments to the
October 27, 1992 Council Study Session.
City Administrator Baksa distributed Quarterly Reports.
City Administrator Baksa noted the Bay Area Air Quality
Management District Public Hearing November 18, 1992 and
requested Council let him know by next meeting if they wish to
give testimony at the hearing. (Noted he would contact the
City's Sub-Committee Council Members: Valdez, Nelson and Hale.)
Status of State Legislation. The City Attorney noted
receipt of written report today to be forwarded Councilmembers.
Council had no objection to join Amicus request from City
of Lafayette for City of Lafayette v. East Bay Municipal
Utilities Department.
Councilman Kloecker gave an update on SB 97 noting it was
not reintroduced; that ABAG General Assembly will be creating a
document to protect cities for future Bills re: Regional Growth
Management, to be introduced next year.
Councilman Gilroy noted Red Ribbon Week October 24-31, 1992
and the picnic scheduled at Las Animas Park 11-2 p.m. inviting
Councilmembers to attend. The Mayor noted the Bicycle Rally
scheduled to the Park at 10:00 a.m.
Councilman Gilroy noted the newspaper article re: Violent
Crime Rate in Gilroy and requested the Police Department address
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the Council on this issue. Council set November 30, 1992 at 7:00
p.m. in the Council Chambers as a study Session on the Violent
Crime Rate Issue.
Councilman Kloecker reported on the Annual League of
California Cities Conference in Los Angeles, requesting the local
legislators address the Council periodically to discuss their
goals, etc.
Councilman Hale noted the following openings for Santa
Clara County Cities Association Representatives: 1 - ABAG; 2 -
Air Board; 1 - Tanner Committee; and 1 - County Emergency Medical
Committee.
The City Attorney gave an update on the legislation
regarding mandated medical costs to the County in transporting
prisoners, noting the Governor did sign the Bill and there will
be clean-up legislation to protect the cities.
Councilwoman Rowlison reported on the Annual League of
California Cities Conference in Los Angeles and noted the League
Dinner Meeting scheduled for December 10, 1992 - 6:00 p.m.
The following meetings were noted:
Council Study Session, october 20, 1992 - 7:00 p.m. re:
Interviews for Planning Commission applicants;
Council Study Session, October 21, 1992 - 7:00 p.m. re: RDO
cancelled;
Council Study Session, October 27, 1992 - 7:00 p.m. re:
Storm Drain Utility/Curb-Gutter/Street Tree Issues; and
Leadership Forum, November 19, 1992, Gilroy Senior Center.
At 9:10 p.m. the Mayor adjourned the meeting to the
continued Closed Session regarding the City Administrator's
Evaluation.
At 9:45 p.m. the Mayor reconvened the meeting and further
adjourned.
Respectfully submitted,
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City Clerk