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Minutes 1993/06/21 ~ ' -;' .H..' l_~ ,..)f-(] Invocation Posting Agenda Roll Call Emp.Award Award Consent Calendar Minutes Imprvmts. Minutes Regular Meeting June 21, 1993 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Eric Smith, South Valley Community Church gave the Invocation. The City Clerk noted that the Agenda had been posted on June 17, 1993 at 8:50 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 Award for May, 1993 to Guadalupe Gutierrez, Groundskeeper I. Police Chief Sumisaki introduced Terri Bountin, Aide from Assemblyman Areias' Office who presented Anthony Gutierrez, Santa Clara County Probation Officer with an Award for his exemplary performance in the City of Gilroy. Motion was made by Councilwoman Nelson, seconded by Coun- cilwoman Rowlison that the following items under the Consent Calendar be approved, by the following Roll Call Vote: (removing Item D pending approval of the contract with Muni Financial Services by the City Attorney; and removing Item B and Item F for separate discussion) requested by Councilman Hale and Kloecker respectively: 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 Joint Gilroy City Council/Gang Task Force Meeting of June 3, 1993; Minutes of the Regular Council Meeting of June 7, 1993; Accepted Improvements at 7486 Hanna Street, Jim White, Project No. 92-09 as recommended; and Minutes of the Adjourned Regular Council Meeting of June 14, 1993. CJ,.aim Res.93-28 1993-94 Budget Res.93-29 Res.93-30 CIB Pub.Hear. Sewer/water Rates I{' '~;<~ 1, 1 Set a Closed Session of June 28, 1993 to discuss the Claim of Marcia Cassidy, requested by Councilman Hale. Motion was made by Councilman Kloecker seconded by Councilwoman Nelson to adopt Resolution No. 93-28 Initiating Proceedings for the annual Levy Report of Maintenance District No. 1 (Country Club Estates) and Set Public Hearings of June 28, 1993 and July 26, 1993 as recommended. RESOLUTION NO. 93 - 28 RESOLUTION OF INTENTION TO ADOPT ENGINEER~S REPORT FOR THE FISCAL YEAR 1993-94 AND LEVY AND COLLECT ANNUAL BENEFIT ASSESSMENTS WITHIN MAINTENANCE DISTRICT NO.1, CITY OF GILROY. PASSED AND ADOPTED this 21st day of June, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and.GAGE None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled for a Public Hearing on the 1993-1998 Financial Plan of the City. He 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. City Administrator Baksa recommended approval of the 1993- 1994 Budget; the Appropriation Limits and Capital Improvement Budget to include Council revisions from the Study Sessions on same. Motion was made by Councilman Kloecker seconded by Council- man Hale that the reading of Resolution No. 93-29 be waived and that it be adopted, adopting the Budget for Fiscal Year 1993-94. RESOLUTION NO. 93 - 29 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE BUDGET FOR SAID CITY FOR FISCAL YEAR 1993-1994 AND APPROPRIATING PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET. PASSED AND ADOPTED this 21st day of June, 1993, by the following vote: AYES: COUNCILMEMBERS: HALE, KLOECKER, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: GILROY and NELSON COUNCILMEMBERS: None NOES: ABSENT: Motion was made by Councilman Kloecker seconded by Councilman Valdez that the reading of Resolution No. 93-30 be waived and that it be adopted approving the Appropriation Limits for 1993-1994 Fiscal Year as recommended. RESOLUTION NO. 93 - 30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE APPROPRIATION LIMIT FOR 1993-1994 FISCAL YEAR. PASSED AND ADOPTED this 21st day of June, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBER: COUNCILMEMBERS: HALE, KLOECKER, VALDEZ and GAGE GILROY None NELSON, ROWLISON, Motion was made by Councilman Kloecker seconded by Councilwoman Rowlison by the following Roll Call Vote to adopt the 1993-1998 Capital Improvement Budget as presented: Ayes: Councilmembers: Hale, Kloecker, Rowlison, Valdez and Gage; Noes: Councilmembers: Gilroy and Nelson. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider revisions and adjustments of rates and charges for Municipal Sewer and water Services, noting ~;- :]d Res.93-31 Res.93-32 Pub. Hear. GPA 92-08 two separate hearings would be conducted. City Administrator Baksa explained the proposed revJ.sJ.ons and adjustments of rates and charges for Municipal Sewer Service. The Mayor asked if there was anyone in the audience wishing to speak on the proposed revisions and adjustments of rates and charges for Municipal Sewer Service. There was no comment from anyone in the audience. The Mayor closed that portion of the Public Hearing regarding Municipal Sewer service. Motion was made by Councilman Kloecker seconded by Councilwoman Nelson that the reading of Resolution No. 93-31 be waived and that it be adopted. RESOLUTION NO. 93 - 31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES FOR SANITARY SEWER SERVICE EFFECTIVE JULY 1, 1993 THROUGH JUNE 30, 2000. PASSED AND ADOPTED this 21st day of June, 1993 by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: City Administrator Baksa explained the Staff Report regarding revisions and adjustments of rates and charges for Municipal Water Service. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Richard Harrison, 178 Second Street, addressed the Council requesting a life line rate of 10,000-12,000 gal./mo. for commercial landscaping at a lower rate than proposed. 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. Discussion was had by Council on the matter. Motion was made by Councilman Kloecker seconded by Councilman Valdez that the reading of Resolution No. 93-32 be waived and that it be adopted. RESOLUTION NO. 93 - 32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES FOR WATER SERVICE. PASSED AND ADOPTED this 21st day of June, 1993, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, KLOECKER, VALDEZ and GAGE. COUNCILMEMBERS: HALE, NELSON and ROWLISON COUNCILMEMBERS: None The Mayor stated that it was the time and place scheduled for the continued Public Hearing to consider an Amendment to the General Plan Map to include 123.6 acres within the 20 Year Planning Area, located at the southwest corner of Monterey and Thomas Roads, Richard Blocher, Applicant, (GPA 92-08). (Continued from 5-17-93.) 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 for or against the proposal. Ms. Gloria Ballard, MH Engineering, addressed the Council representing the applicant, further explaining the proposed plans of the applicant. Res.93-33 Pub.Hear. Z 93-03 Open Space Authority ~ ; ','" 1 , .t.. 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. Council discussion was had on the matter. Motion was made by Councilwoman Nelson seconded by Councilman Gilroy and carried to approve the Negative Declaration for GPA 92-08 as completed in compliance with CEQA, as reflecting the independent judgement of the city, and as reviewed and considered by the City Council. Motion was made by Councilwoman Nelson seconded by Councilman Gilroy, that the reading of Resolution No. 93-33 be waived and that it be adopted approving GPA 92-08. RESOLUTION NO. 93-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GPA 92-08, AMENDING THE GENERAL PLAN MAP TO INCLUDE APPROXIMATELY 123.6 ACRES WITHIN THE 20-YEAR PLANNING AREA OF THE GENERAL PLAN, FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MONTEREY STREET AND THOMAS ROAD, APNS 808-21-011,; 012; 016; 018; AND 020. AYES: COUNCILMEMBERS: GILROY, HALE, NELSON, ROWLISON and GAGE COUNCILMEMBERS: KLOECKER and VALDEZ COUNCILMEMBERS: None NOES: ABSENT: The Mayor stated that it was the time and place scheduled for a Public Hearing to Consider a Rezoning from R3 (Medium Density Residential) District and C3 (Shopping Center Commercial) District to R4 (High Density Residential) District on approxi- mately 0.814 acres, located at 8170 North Church Street, south of Howson Street, DeBell Homes, Applicant, (Z 93-03). The Staff Report was noted and further explained by Senior Planner Myer. Discussion was had by Council regarding maintenance of the property and the City'S ability to require same. The City Attorney noted that the City Council could condition the Archi- tectural and Site approval requiring the Planning Commission to approve or disapprove said plans. Motion was made by Councilman Kloecker seconded by Councilwoman Rowlison and carried that the proposed ordinance be read by title only and waived further reading of the ordinance. Motion was made by Councilman Kloecker seconded by Council- woman Rowlison and carried that the proposed ordinance be introduced approving the rezoning of Z 93-03 as presented to be published by title and summary, and not a part of the ordinance but requirement that Architectural and Site plans be referred to the Planning Commission for approval or disapproval. Councilmem- bers: Gilroy and Nelson voted "no" on the motion. The City Clerk read the title of the proposed ordinance. Discussion was had regarding start-up costs of $3,000.00 for the Open Space Authority, requested by Supervisor Mike Honda at the June 7, 1993 regular Council Meeting, further explained by Supervisor Honda, noting that the County will refund the start-up costs to the City at no interest. Motion was made by Councilwoman Rowlison seconded by Councilman Valdez by the following Roll Call Vote to approve the $3,000.00 Start-Up Costs for the Open Space Authority as presented: Ayes: Councilmembers: Kloecker, Rowlison, Valdez and Gage; Noes: Councilmembers: Gilroy, Hale and Nelson. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. I ' . " ~.~ !~ Housing Assist. Policy Old city Hall Intro.Ord. Discussion was had on a proposed Housing Assistance Policy further explained by city Administrator Baksa. (At 8:59 p.m. the Mayor declared a 5 minute recess and further reconvened the meeting at 9:08 p.m.) Motion was made by Councilman Kloecker seconded by Council- man Valdez and subsequently amended to adopt a Housing Assistance Policy for the positions of City Administrator, Fire Chief, Police Chief and Director of Public works at the next vacancy on a case-by-case basis to include the present Police Chief. Further discussion was had prior to the amendment of this motion. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Ms. Susan Jacobsen, 7670 princevalle Street, addressed the Council objecting to the City providing a Housing Assistance Policy for City employees. Ms. Jane Howard, 3300 Canada Road, Gilroy, addressed the Council opposed to the City establishing a Housing Assistance Policy for City employees and believes that the City should not be in the housing/loan business. Further discussion was had by Council on the matter. Councilman Kloecker seconded by Councilman Valdez to amend the original motion to provide a Housing Assistance Policy for the current Police Chief if he requests assistance for a residence in the City Limits. Motion carried by the following Roll Call Vote: Ayes: Councilmembers: Hale, K1oecker, Rowlison, Valdez and Gage; Noes: Councilmembers: Gilroy and Nelson. Motion was made by Councilwoman Nelson seconded by Councilman Gilroy and subsequent1v withdrawn that a Housing Assistance Program not be an established policy for future hiring of the positions of City Administrator, Fire Chief, Police Chief and Director of Public Works. Discussion was had on the motion. The motion was withdrawn and tabled by the maker and second of the motion to allow the City Attorney to obtain additional information on the legality of a city requiring the specific four positions to reside in the City limits and other unknown issues. City Administrator Baksa noted that an agreement with the present Police Chief for housing assistance will be presented to Council for approval at a future date. Motion was made by Councilman Kloecker seconded by Councilman Valdez by the following Roll Call Vote that Staff be directed to prepare a recommended agreement on housing assistance that deals with the specifics of the present Police Chief s~tuat~on and ~ncludes the follow~ng adequate prov~s~ons: Payment Schedules; Termination Clauses; Addresses liability questions; Time of employment; Interest rate be .5 above the LAIR rate mOre than the City earns at its investment rate; Covers views of the City Attorney and City Administrator and all points to adequately protect the City'S best interests; and Said agreement be presented to Council at the earliest possible date: Ayes: Councilmembers: Hale, Kloecker, Rowlison, Valdez and Gage; Noes: Councilmembers: Gilroy and Nelson. (The Mayor continued with the regular order of the Agenda.) Motion was made by Councilwoman Nelson seconded by Council- man Kloecker and carried that the contents as presented for the Time Capsule for the Old City Hall Construction Project be approved. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that the title of a proposed Haz.Waste Program Res.93-34 & 93-35 Outlet Center \ ~ ,.1 ordinance amending Section 2.41 of the City Code to reflect City Policy with respect to purchases of recycled paper products be read and waived further reading of the ordinance. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that the proposed ordinance be introduced and published by title and summary. The City Clerk read the title of the proposed ordinance. An Agreement with the County on Household Hazardous Waste Mobile Collection Program was noted. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried to approve the Agreement to Join the County-wide Household Hazardous waste Mobile Collection Program as presented. Councilwoman Nelson voted "no" on the motion. Motion was made by Councilman Kloecker seconded by Council- man Hale that the reading of Resolution No. 93-34 be adopted calling the General Municipal Election of November 2, 1993. RESOLUTION NO. 93-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE CITY CLERK TO PUBLISH NOTICE OF GENERAL ELECTION FOR MUNICIPAL OFFICERS TO BE HELD IN THE CITY OF GILROY ON NOVEMBER 2, 1993, AND REQUESTING SERVICES OF THE REGISTRAR OF VOTERS. PASSED AND ADOPTED this 21st day of June, 1993, 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 Councilman Hale that the reading of Resolution No. 93-35 be adopted calling a Special Municipal Election of November 2, 1993. RESOLUTION NO. 93-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CALLING A SPECIAL MUNICIPAL ELECTION FOR AN ADVISORY MEASURE TO BE HELD IN THE CITY OF GILROY ON NOVEMBER 2, 1993; REQUESTING SERVICES OF THE REGISTRAR OF VOTERS; REQUESTING CONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTION. PASSED AND ADOPTED this 21st day of June, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None Discussion was had regarding rebuttals to the measure. The Mayor asked if there was anyone in the audience wishing to speak on an item not on the agenda. There was no comment from anyone in the audience. City Administrator Baksa presented a request of Glen Lorna Group re: Outlet Center, Phase IV - Leavesley Road/101 Traffic Improvements and Staff Report further explained by City Engineer Smelser, the Design Engineer of Armento & Jensen (Milpitas) and John Filice. Motion was made by Councilwoman Nelson seconded by Councilman Hale by the following Roll Call Vote to approve the request of Glen Lorna Group as presented regarding Traffic Improvement schedule: Ayes: Councilmembers: Gilroy, Hale, Nelson, Rowlison and Gage; Noes: Councilmembers: Kloecker and Valdez. t> "- > i 1).~~i't Plan. Com. 6-3-93 A/S93-12 ~~ At 10:45 p.m. Councilman Gilroy was excused and left the Council Chambers. The following informational items were noted with no separate discussion on same: Correspondence re: 1993 state Budget: City of Campbell Reduction of their Permanent workforce; League of California Cities Red Ink Alert Publications:May 28, 1993, '13; June 4, 1993, '14; and June 11, 1993 115; League of California Legislative Bulletin '20 - 1993; League of California Cities state Budget Update, June 11, 1993; Customer Service: County of Santa Clara Health Department-Emergency Medical Service Agency In Appreciation; Memorandum of Appreciation to corporal Morales; Outreach In Appreciation; ICMA'S 79th Annual Conference In Appreciation; Memorandum of Appreciation to Officer Hartley; Tennis Committee Chairperson, Lupe Nunes, for Assistance in Preparing for the Garlic Festival Tennis Tournament; Glenn & Ethel Mayle In Support of the Mayor's Leadership; Victory Outreach In Appreciation; Northern California Grantmakers re: Summer Youth Project Grant Awards; Supervisor Ron Gonzales re: Santa Clara Hazardous Materials Advisory Committee Proposed Workplan for FY93-94; 3rd Qr. Progress Report and Report on Prioritizing Wastestreams for Reduction; Court Decision on Pau Claim; Proclamation Issued by Mayor Gage: Victory Outreach Day - June 19, 1993; Second Harvest Food Bank In Appreciation; and County of Santa Clara re: Increase in the Countywide Solid Waste Planning Fee. Noted the Report of the Planning Commission Meeting of June 3, 1993. I, ; Noted the Staff Report of A/S 93-12 further explained by Senior Planner Myer. Motion was made by Councilwoman Nelson seconded by Council- man Kloecker that the reading of Resolution No. 93-36 be waived and that it be adopted approving A/S 93-12 for the construction of 65 single-family residential homes, on property zoned R1-PUD, located along the northwesterly section of Longmeadow Drive and Santa Teresa Boulevard, on approximately 15.85 acres. RESOLUTION NO. 93-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SCRWA P.&R.Com. 5-18-93 Pers.Com. 6-15-93 Job Descrp. Eligibility List ,\. }'f A/S 93-12, AN APPLICATION FOR ARCHITECTURAL AND SITE REVIEW OF A PLANNED UNIT DEVELOPMENT FOR CONSTRUCTION OF 65 SINGLE FAMILY RESIDENTIAL HOMES ON APPROXIMATELY 15.85 ACRES OF PROPERTY ZONED R1-PUD, LOCATED NEAR THE NORTHWESTERN CORNER OF LONGMEADOW DRIVE AND SANTA TERESA BOULEVARD, APNS 783-20-039, -028 (PARTIAL), AND 783-40-005. PASSED AND ADOPTED this 21st day of June, 1993, by the following vote: AYES: COUNCILMEMBERS: NELSON, ROWLISON, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: HALE, KLOECKER, VALDEZ and GAGE None GILROY Noted the Minutes of the South County Regional wastewater Authority Meeting of May 11, 1993. Noted the Minutes of the Parks & Recreation Commission Meeting of May 18, 1993. Noted the Minutes of the Senior Advisory Board Meeting of May 17, 1993. Noted the Minutes of the Library & Culture Commission Meeting of June 8, 1993. Noted the Report of the Personnel Commission Meeting of June 15, 1993. Motion was made by Councilman Kloecker seconded by Councilman Hale and carried that the Job Description of Police Sergeant - Patrol be approved as recommended. Motion was made by Councilman K10ecker seconded by Council- man Hale and carried that the the Eligibility List for Public works Maintenance I - Water Division be extended for one year as recommended. An Update on Water Conservation Program was noted. Council requested that the City Administrator present alternate dates for a Council Study Session regarding proposed changes to the Residential Development Ordinance (RDO). Council had no objection to Join Amicus Brief in Locklin v. City of Lafayette, as recommended by the City Attorney. Discussed Public Record Act request of the Gilroy Dispatch to the City of Gilroy for information on Police Officers. Noted Mayor and City Administrator met with requesting agency further requesting individual names and fringe benefits of Police personnel. At 11:05 p.m. the Mayor declared a recess to change the video tape and reconvened the meeting at 11:06 p.m. Motion was made by Councilman Kloecker seconded by Council- man Valdez and not carried by the following Roll Call Vote to not make public police salaries by name nor individual fringe benefits: Ayes: Councilmembers: Kloecker, Rowlison and Valdez; Noes: Councilmembers: Hale, Nelson and Gage; Absent: Councilmem- ber: Gilroy. It was noted due to a tie vote this matter will be reagendized for a vote of the complete Council. The Mayor noted he had referred a Contract Lease with P.G. & E. for a Youth Center to the City Attorney for approval and it will be agendized for Council approval on the June 28, 1993 Council Agenda. Discussion was had regarding the Salvation Army's Youth Drop-In Program. Councilman Kloecker noted that he has a copy of an updated c.rH' ,} 'J~;r1,) Adjrnmt. regional government legislation submitted by Valerie Brown for Council information on the next Agenda. The Mayor noted the following meetings: Gilroy City Council study Session, July 12, 1993 - 7:00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, CA 95020 re: Strategic Planning; Leadership Forum, July 15, 1993 - 7:30 a.m. to 9:00 a.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, CA 95020. re: Bicycle Safety Regulations; and Gilroy City Council/School Board Liaison Committee Meeting, July 21, 1993 - 5:30 p.m., City of Gilroy, Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, CA 95020. At 11:15 p.m. the Mayor adjourned the meeting. Re~pectfully submitted, r'.. (I' .' ~- ", ./---~'\ ; "', . i.,', / \ l' "/ '-",,/ ~::( () c{/r!,/J;lL;~3)~L't, lvl'1(../';;\ City Clerk ~.