Minutes 1994/04/18
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Invocation
posting
Agenda
Roll Call
certificates
Emp.Award
consent
calendar
Ord.94-4
Regular Meeting
April 18, 1994
Gilroy, California
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The Mayor led the Pledge of Allegiance to the Flag.
There was no Pastor present to give the Invocation.
The city Clerk noted that the Agenda had been posted on
April 14, 1994 at 9:15 a.m.
Present: councilmembers: K. A. Mike Gilroy, Paul v.
Kloecker, Charles S. Morales, Connie Rogers, Suellen C. Rowlison,
Pete valdez, Jr. and Donald F. Gage; 7:02 p.m.
The Mayor presented certificates of service to participants of
a community clean-up project for Miller Slough.
The Mayor presented the Employee Award for the Month of
March, 1994 to Em Rojas, HCD coordinator.
Motion was made by councilman Kloecker, seconded by
councilman Gilroy that the following items under the consent
calendar be approved by the following Roll call vote: Ayes:
Councilmembers: K. A. Mike Gilroy, Paul V. Kloecker, Charles S.
Morales, Connie Rogers, suellen C. Rowlison, Pete valdez, Jr. and
Donald F. Gage;
Adopted Ordinance No. 94-4 approving city-initiated
rezoning Z 94-02, rezoning from C1-HS ( commercial-Historic site)
and R2-HS (Two Family Residential-Historic site) to PF-HS
(park/public Facilities-Historic site), on approximately 1.35
acres located near the intersection of Church and Fifth Streets;
ORDINANCE NO. 94-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
CITY-INITIATED REZONING Z 94-02, REZONING FROM C1-HS (NEIGHBOR-
HOOD COMMERCIAL - HISTORIC SITE) AND R2-HS (TWO-FAMILY RESIDEN-
TIAL - HISTORIC SITE) TO PF-HS (PARK/PUBLIC FACILITIES - HISTORIC
SITE), ON APPROXIMATELY 1.35 ACRES OF LAND ON FIVE PARCELS
LOCATED NEAR THE INTERSECTION OF CHURCH AND FIFTH STREETS, APN'S
799-07-23, 799-06-31, 799-077-82, 799-07-01 AND 799-07-02.
PASSED AND ADOPTED this 18th day of April, 1994, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
claims
Minutes
Budget
Minutes
commissions
EIR Consult
Equip.
Pub.Hear.
GPA 93-02
pub.Hear.
Weed Abate.
Res.94-34
Bus.lmpr.
Area
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Denied claims of Suzanne olguin and Dolores Dutra as
recommended;
Minutes of the Regular Council Meeting of March 28, 1994;
Approved Budget Amendments/Transfers as recommended;
Minutes of the Regular Meeting of April 4, 1994; and
Approved council's city of Gilroy Board and commission
selection Procedure as presented.
city Administrator Baksa presented a recommendation on
selection of consultants for environmental work for 1994-1995.
Motion was made by councilman Kloecker seconded by council-
man Morales and carried that the staff's recommendation on
selection of consultants for the 1994-1995 cycle for environ-
mental work be approved as submitted.
city Administrator Baksa presented a recommendation to
award the bid of Vermeer, Inc. in the amount of $15,476.68 for a
root cutter for the Parks and Recreation Department.
Motion was made by councilwoman Rogers seconded by
Councilman Kloecker and carried that the bid of Vermeer, Inc. in
the amount of $14,376.68 for a root cutter for the Parks and
Recreation Department be awarded as recommended.
The Mayor continued the public Hearing to consider an
amendment to the General plan Map to Increase Residential Density
on 10.2 Acres from Low Density Residential to Medium Density
Residential, Located west of Kern Avenue, east of santa Teresa
Boulevard and north of Welburn Avenue, along the planned exten-
sion of Mantelli Drive, Filice Family Estates and the city of
Gilroy Applicants, GPA 93-02 to June 6, 1994 requested by staff.
The Mayor stated that it was the time and place scheduled
for the Public Hearing on Report and Assessment on Abatement of
weeds and Refuse within the city of Gilroy.
The Fire chief's Report was noted and further explained by
city Administrator Baksa.
Motion was made by councilman Kloecker seconded by council-
man Gilroy that the reading of Resolution No. 94-34 confirming
the Report of the Fire chief be waived and that it be adopted.
RESOLUTION NO. 94 - 34
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE
REPORT OF THE FIRE CHIEF SETTING FORTH THE DESCRIPTION OF
PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE
NUISANCE AND PROVIDING THAT SUCH COST SHALL CONSTITUTE
ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAND.
PASSED AND ADOPTED this 18th day of April, 1994, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor stated that it was the time and place to consider
the levy of the annual assessment for the 1994 fiscal year for
the Downtown Gilroy Improvement Area noting that the public
Hearing was held April 4, 1994 and closed. No action taken in
order to allow Staff time to calculate the protests letters
received on that date.
city Administrator Baksa explained the Staff Report
regarding letters of protest received April 4, 1994 correcting
the amount of protests to 55.4%.
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Res.94-35
cardroom Ord.
commission
Apptmts.
A letter from william L. Ganson, Jr., re: protest letters
was noted.
Discussion was had on the matter of litigation regarding
the Assessment District for a possible closed session if
necessary. Discussion was had regarding the abandonment of the
District and existing funding debt to be further discussed at a
future meeting.
Motion was made by Councilwoman Rowlison seconded by
Councilman Valdez that the reading of Resolution No. 94-35 be
waived and that it be adopted abandoning council's intent to levy
an assessment for the Downtown Gilroy Improvement Area.
RESOLUTION NO. 94 -35
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ABANDONING
COUNCIL INTENT TO LEVY AN ASSESSMENT FOR THE DOWNTOWN GILROY
IMPROVEMENT AREA FOR THE 1994 FISCAL YEAR.
PASSED AND ADOPTED this 18th day of April, 1994, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, ROGERS,
ROWLISON, VALDEZ and GAGE
MORALES
None
NOES:
ABSENT:
COUNCILMEMBER :
COUNCILMEMBERS:
The Mayor continued the matter of introduction of the
proposed Cardroom Ordinance to the May 2, 1994 regular Council
Meeting requested by local cardroom owners.
Council set May 9, 1994 at 7:00 p.m. for interviews of
Library and culture and Parks & Recreation commissioners'
Applications.
The Mayor noted the following informational items with no
separate discussion on same except as noted:
customer Service:
Police chief's Inter-office Memorandum In Appreciation of
Department of Human Resources;
parks & Recreation In Appreciation re: Kids Discover Arts
Program;
Letters in Appreciation from Councilwoman Rogers to city
Employees re: Gifts for Gun Exchange;
proclamations Issued by Mayor Gage: The Week of the Young
child - April 17-23, 1994; Including CAUSA's Recognition of
Above; Garlicfest weekend; where East Meets west - April 8-10,
1994; christopher Ranch Dedication of YMcA/Head Start child
Development Center;
Glen view school In Appreciation of Mayor's proclamation
and Presentation, and
Arbor Day - April 30, 1994:
Santa Clara county cities Association re: AB 398 (Brown);
Santa Clara county Library system Draft Benefit Assessment
Analysis;
Santa Clara county cities Association re: Booking Fee
Increase postponement;
California Healthy cities project Newsletter re: Ethnic
Diversity on Main street article;
cystic Fibrosis Foundation In Appreciation of Falcon cable
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TV. ;
Plan.com.
4-7-94
RD 92-12
Masten
Ave.
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Monthly cash & Investment Report, February 28, 1994;
Senator Tom Hayden urging support of Senate Bill 1293, an
Act to give local communities the right to pass gun control
ordinances. councilwoman Rogers requested letters be forwarded
that the city is in favor of gun control to begin at the state
and Federal levels.
The City Administrator noted that he would send letters in
this matter;
League of california cities Legislative Bulletin, #13 -
1994; Discussed same. councilman Gilroy referred to AB 2673 and
AB 3505 and city's opposition to these bills. city Administrator
Baksa noted that due to time constraints the city often and in
these instances replied to these bills; noting that future
responses would be included in the city council agendas for
review;
G. L. Bruno Associates, Inc. withdrawal of appeal re: South
Valley Hospital Medical office Building Traffic Impact Fees.
Further explained by City Administrator Baksa;
Santa clara county congestion Management Agency and Santa
Clara County Transit District Consolidation Timeline; and
Gang Related Reports; comparison 1992 and 1993.
(councilman Valdez noted same.)
The Report of the Planning commission Meeting of April 7,
1994 was noted.
Proposed changes to approved RD 92-12, silicon valley
companies, were noted and further explained by Bill Faus, Planner
II, noting that staff recommends approval of the changes as not
being significant.
Discussion was has had by COllDcil on the matter.
council tabled action on the matter in order to invite the
applicant to attend a council meeting to answer questions
regarding the proposed changes to RD 92-12.
At 9:02 p.m. the Mayor declared a Recess in order to change
the video tape and reconvened the meeting at 9:09 p.m.
Noted and discussed city's response to the proposed Masten
Avenue Recreational vehic1epark county General plan Amendment
further explained by Bill Faus, planner II.
Motion was made by councilman Kloecker seconded by Council-
woman Rogers and carried that the city's response be approved as
submitted to be signed by all councilmembers and that same be
forwarded to each mer"ber of the Board of supervisors requesting
notification of the Public Hearing to arrange a possible strategy
with the school District for city Representative to join with
them at said hearing.
city Administrator Baksa noted an update on the Water
Conservation Program.
council set May 12, 1994 for the Joint Council/chamber of
Commerce Board of Directors' study session at the Chamber Board
Meeting Room.
council set May 18, 24 and 25, 1994 (if necessary) for the
1994-95 city of Gilroy Budget study Sessions.
councilman Kloecker noted the Santa clara county cities
Association Meeting of May 19, 1994 will be hosted by the city of
Gilroy.
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Amicus
Co.Bus
Lines
Rogers Ln.
city Administrator Baksa inquired of council Schedule for
Regular Meetings in August, 1994.
council requested that same be agendized on the August 25,
1994 Agenda.
Noted a request from Santa clara county Local Transporta-
tion Authority to Join Amicus in the matter of santa clara County
Local Transportation Authoritv v. Guardino (Jarvis Assn.), and
further explained by Andy Faber, Acting city Attorney.
Motion was made by Councilman Kloecker seconded by
councilman Gilroy and carried that the city join Amicus in the
matter of Santa clara County Local Transportation Authoritv v.
Guardino (Jarvis Assn.) as recommended.
councilwoman Rowlison noted senior Day May 20, 1994 at
Wheeler Manor celebrating their First Anniversary and requested
council volunteers to assist during that week.
councilman Valdez gave an update on the CDBG Funding.
councilwoman Rogers inquired if the Gilroy visitors'
Bureau's meeting would be required to follow the rules under the
Brown Act.
Acting city Attorney Faber noted the April 1, 1994 Brown
Act updated rules and council requested that he determine if the
Gilroy Visitors' Bureau's meetings would apply.
councilwoman Rogers gave an update on the Gilroy visitors'
Bureau business and it was noted that their Annual Report is
scheduled for the April 25, 1994 regular council Meeting.
A proposed letter to the cities Association, re: proposal
by Regional Planning committee, prepared by Councilman Kloecker
was distributed to council for review.
Motion was made by councilman Kloecker seconded by
councilman Gilroy and carried that the letter be forwarded to the
Association as recommended.
councilman Kloecker gave an update on the proposed Ballot
Measure re: Library Tax and that $33.00 per parcel would give
Gilroy Library opening of 48 hours; currently 32 hours are being
utilized, further explained by city Administrator Baksa.
councilman Kloecker requested approval to send a letter to
supervisor Honda and the Transportation Agency in opposition to a
proposal to eliminate Bus Line 160 presently of four trips from
and/to Gilroy/san Jose, requesting that two trips each way be
retained, noting that the city's representative has not been
properly notified of this proposal and that the Dial-A-Ride
schedule also be reviewed.
Motion was made by councilwoman Rowlison seconded by
Councilman Kloecker and carried that the need to take immediate
action was imp~rative and that the need became evident subsequent
to posting of the August 18, 1994 agenda.
Motion was made by councilwoman Rowlison seconded by
Councilman Kloecker and carried that a letter be forwarded to
Supervisor Honda and the Transportation Agency regarding the
county's Bus Line schedule as recommended and outlined.
councilman Gilroy congratulated and thanked those involved
in the Rogers Lane clean-up project on saturday, April 16, 1994
noting its success resulting only by the assistance of ortencia
Vasquez, Maria Provencio, Thomas Carr, city Crew, councilmembers:
Gage and Rogers, South valley Disposal, orchard Hardware supply
and especially John Garcia, Coordinator of the project.
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The Mayor was wished a "Happy Birthday" and at 9:51 p.m.
adjourned the meeting.
Respectfully submitted,
&Zt4;wVn-1if~
I Susanne E. seeinmetz, city cl