Minutes 1994/06/20
Invocation
posting
Agenda
Roll call
Intro.New
Emps.
Consent
calendar
Budget
Audit
Res.94-47
Ord.94-9
6519
Regular Meeting
June 20, 1994
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Father Matt, saint Mary's Church gave the Invocation.
The city clerk noted that the Agenda had been posted on
June 16, 1994 at 10:04 a.m.
Present: councilmembers: K. A. Mike Gilroy, Charles S.
Morales, connie Rogers, Suellen C. Rowlison, Pete valdez, Jr. and
Donald F. Gage; 7:00 p.m.; Absent: Councilmember: Paul V.
Kloecker.
The Mayor introduced New Employees: Rachel Munoz, community
service officer and Noel Provost, Police officer.
The Mayor noted that presentation of the Employee Award for
the month of May, 1994 to Ralph Hernandez, custodian would be
rescheduled.
The Mayor noted a certificate of Service to Judy King,
Retired Library & culture commissioner, not present to receive
same.
Motion was made by councilwoman Rowlison, 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, Charles S. Morales, Connie
Rogers, suellen c. Rowlison, Pete valdez, Jr. and Donald F. Gage;
Absent: councilmember: Paul V. Kloecker:
Approved Budget Amendments/Transfers as recommended:
Approved Independent Auditor's Report on Federal Assistance
Programs for Fiscal Year ending June 30, 1993 as recommended;
Adopted Resolution No. 94-47 approving an application and
project Agreement for Police Grant through Career criminal
Apprehension Program as recommended;
RESOLUTION NO. 94 - 47
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE
APPLICATION AND THE PROJECT AGREEMENT FOR A GILROY IN TRANSITION:
MANAGING THE FUTURE OF POLICE SERVICES GRANT THROUGH THE CAREER
CRIMINAL APPREHENSION PROGRAM.
PASSED AND ADOPTED this 20th day of June, 1994, by the following
vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
VALDEZ and GAGE
NOES:
ABSENT:
COUNCILMEMBERS: None
COUNCILMEMBERS: KLOECKER:
Adopted Ordinance No. 94-9 Rezoning from Ml (Limited
Industrial) to MI-PUD (Limited Industrial, planned Unit Develop-
ment) to be combined with adjacent C3-PUD (Shopping Center
commercial, planned Unit Development) to become a consolidated
Ml/C3-PUD (Limited Industrial/Shopping Center Commercial, planned
Unit Development) on approximately 26.65 acres, Z 94-04;
ORDINANCE NO. 94-9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING
FROM Ml (LIMITED INDUSTRIAL) TO MI-PUD (LIMITED INDUSTRIAL,
PLANNED UNIT DEVELOPMENT) TO BE COMBINED WITH ADJACENT C3-PUD
(LIMITED INDUSTRIAL/SHOPPING CENTER COMMERCIAL, PLANNED UNIT
DEVELOPMENT) ON APPROXIMATELY 26.65 ACRES, APN 83-04-056.
6520
Minutes
Claim
Res.94-48
Res. 94-49
Res.94-50
Equip.Bids
PASSED AND ADOPTED this 20th day of June, 1994, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, MORALES,
VALDEZ and GAGE
None
KLOECKER;
ROGERS, ROWLISON,
Approved the Minutes of the Regular council Meeting of June
6, 1994;
Denied Claim of Helen Verches as recommended;
Adopted Resolution No. 94-48 Granting Designated Period for
Two Years Additional PERS Credit for Eligible Local Miscellaneous
Members (Director of Finance, chief Building Official and Public
Safety Communications Supervisor);
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO GRANT
ANOTHER DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL SERVICE
CREDIT.
PASSED AND ADOPTED this 20th day of June, 1994, by the following
vote:
AYES:
NOES:
ABSENT:
RESOLUTION NO. 94 - 48
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, MORALES,
VALDEZ and GAGE
None
KLOECKER;
ROGERS, ROWLISON,
Adopted Resolution No. 94-49 of Intention to Amend PERS
Contract to Provide Two Years Additional Service Credit for Local
safety Members; and Military Service Credit as Public service for
Local Fire Members only and introduced the proposed ordinance to
be published by title and summary;
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF
APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT
CITY COUNCIL OF THE CITY OF GILROY.
PASSED AND ADOPTED this 20th day of June, 1994, by
vote:
AYES:
NOES:
ABSENT:
RESOLUTION NO. 94 - 49
INTENTION TO
OF
SYSTEM AND THE
the following
COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBER: KLOECKER and
Adopted Resolution No. 94-50 Authorizing CIWMB Grant
Submittal as recommended;
RESOLUTION NO. 94 - 50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD FOR A 1993-94 USED-OIL CURBSIDE
COLLECTION PROMOTION GRANT.
PASSED AND ADOPTED this 20th day of June, 1994, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBER; KLOECKER
city Administrator Baksa presented a recommendation to
award the bid of Lan/Wan for the Data processing Division in the
amount of $167,111.00 for all remaining components of the Lan/Wan
project.
Motion was made by councilman Gilroy seconded by Councilman
Morales and carried that the bid of Lan/Wan be awarded in the
amount of $167,111.00 as recommended.
pub.Hear.
Budget
Res.94-51
Res.94-52
pub.Hear.
Sewer Rates
Res.94-53
Pub.Hear.
TM 93-04
6521
The Mayor stated that it was the time and place scheduled
for the Public Hearing on the 1994-1999 Financial plan of the
city.
The Mayor asked if there was
to speak on the 1994 1995 Budget.
anyone in the audience. The Mayor
anyone in the audience wishing
There was no comment from
closed the Public Hearing.
Motion was made by councilman Gilroy seconded by council-
woman Rowlison that the reading of Resolution No. 94-51 be waived
and that it be adopted approving the Budget for F.Y. 1994-1995.
RESOLUTION NO. 94 - 51
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE
BUDGET FOR SAID CITY FOR FISCAL YEAR 1994-1995 AND APPROPRIATING
PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET.
PASSED AND ADOPTED this 20th day of June, 1994, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, MORALES,
VALDEZ and GAGE
None
KLOECKER
ROGERS, ROWLISON,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
Motion was made by councilman Gilroy seconded by council-
woman Rowlison that the reading of Resolution No. 94-52 be waived
and that it be adopted approving the appropriation limit for
1994-1995 Fiscal Year.
RESOLUTION NO. 94 - 52
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE
APPROPRIATION LIMIT FOR 1994-1995 FISCAL YEAR.
PASSED AND ADOPTED this 20th day of June, 1994 by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBER: KLOECKER
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 service.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed revisions and adjustments.
There was no comment from anyone in the audience. The Mayor
closed the Public Hearing.
Motion was made by Councilman Gilroy seconded by council-
woman Rogers that the reading of Resolution No. 94-53 be waived
and that it be adopted approving revisions and adjustments of
rates for Municipal Sewer Services.
RESOLUTION NO. 94 - 53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTAB-
LISHING RATES FOR SANITARY SEWER SERVICE EFFECTIVE JULY 1, 1994.
PASSED AND ADOPTED this 20th day of June, 1994, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, MORALES,
VALDEZ and GAGE
None
KLOECKER
ROGERS, ROWLISON,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider a Tentative Map request of
Silicon Valley Development, TM 93-05 to subdivide three parcels
totalling approximately 3.86 acres into a fourteen lot single
family residential subdivision.
The staff Report was noted and further explained by
planning Director Dorn.
6522
pub.Hear.
Z 94-05
Pub.Hear.
GPA 90-01
Hous.Element
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 councilwoman Rowlison seconded by Coun-
cilman Gilroy and carried to approve the Negative Declaration as
completed in compliance with CEQA, as reflecting the independent
judgement of the city.
Motion was made by councilwoman Rowlison seconded by
councilman Gilroy and carried that staff be directed to prepare a
Resolution approving TM 93-05.
The Mayor stated that it was the time and place scheduled
to consider a pre zoning request of Kimball small properties, Z
94-05 on property from county Agriculture and General Industrial
(M2) to shopping center commercial planned Unit Development (C3-
PUD) and General Industrial planned Unit Development (M2-PUD) to
become a consolidated c3/M2-PUD (Shopping center Commercial/Gen-
eral Industrial-planned Unit Development District on property
located northeast of U.s. Highway 101 and north of U.s. Highway
152, on approximately 182 acres. (EIR certified on 3-15-93).
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.
Mr. Don Longren, representing Gilroy Foods, Inc. addressed
the council noting that they are not opposed to the proposal but
noted the following concerns:
a. Percolation, noting that the auxiliary roads will
reduce efficiency of the operations;
b. Noise and odors concerns on future development;
c. Traffic - ingress and egress already difficult and may
be more difficult with the proposed development; and
d. WTI concerned regarding their ingress and egress with
the additional traffic proposed.
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.
council indicated concern regarding right-to-farm act to
protect Gilroy Foods against future complaints of odor, etc. It
was noted that the city Attorney's Office would investigate same.
councilwoman Rowlison objected to the road proposed that
will reduce Gilroy Foods, Inc. percolation process.
Motion was made by Councilman Gilroy seconded by councilman
Valdez and carried that staff be directed to prepare an ordinance
approving the zoning requested of Z 94-05.
The Mayor stated that it was the time and place scheduled
for the continued public Hearing to consider a General plan
Amendment request to update the Housing Element of the city'S
General plan required for 1990-1995 time period, city of Gilroy
applicant, GPA 90-01. (Continued from 5-16-94.)
The staff Report was noted and further explained by senior
planner Myer noting that the policies and implementation measures
are to be included in the city'S General plan and further
explained by and HCD Coordinator Rojas.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Equip.re:
Downtown
Bldg.ASSOC.
re:RDO
purchasing
policy
Energy Task
Force
6523
Mr. Darryel B. Nacua, Directing Attorney of california
Rural Legal Assistance addressed the council and distributed
information to council requesting modification to th~ Housing
Element with his recommended changes, noting that he has no
problem with the policies and implementation plan but that it is
not in sufficient detail.
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.
Discussion was had by council on the matter regarding
activation of the Housing Task Force.
Motion was made by councilwoman Rogers seconded by
councilman Valdez by the following Roll call Vote that the
Negative Declaration be approved as completed in compliance with
CEQA, as reflecting the independent judgement of the city: Ayes:
Councilmembers: Gilroy, Morales, Rogers, Rowlison, Valdez and
Gage; Absent: Councilmember: Kloecker.
councilman Gilroy recommended that a study session be
scheduled on the Housing Element prior to its adoption.
It was noted by staff that each of the items in the Housing
Element would be discussed by the Housing Task Force and
recommendation of same to council for final approval.
Motion was made by Councilwoman Rowlison seconded by
Councilman Valdez by the following Roll Call Vote that staff be
directed to prepare a resolution approving GPA 90-01: Ayes:
Councilmembers: Morales, Rogers, Rowlison, Valdez and Gage; Noes:
Councilmember: Gilroy; Absent: Councilmember: Kloecker.
A recommendation to purchase trash receptacles and a bench
for the downtown improvements was presented and further explained
by city Administrator Baksa.
Motion was made by councilwoman Rowlison seconded by Coun-
cilman Morales and carried that the purchase of trash receptacles
and a bench for downtown improvements be approved as recommended.
A recommendation of the Building Association of Gilroy on
changes to the Residential Development Ordinance (RDO) was noted
and further explained by city Administrator Baksa.
Mr. Jack Schenk, representing shapell Industries, addressed
the council requesting that the RDO application deadline not be
extended as it would be a serious juncture in proceeding with
their project.
(At 9:00 p.m. the Mayor declared a Recess in order to
change the video tape and reconvened the meeting at 9:11 p.m.)
council set June 29, 1994 at 7:00 p.m. as a study session
to discuss the recommended changes to the RDO recommended by the
Builders Association of Gilroy to immediately be followed by a
special Meeting of the council to discuss and/or extend the
deadline that the city would accept applications under the
Residential Development Ordinance.
city Administrator Baksa recommended approval of the city
of Gilroy purchasing Policy previously distributed to council
June 6, 1994.
Motion was made by councilman Gilroy seconded by councilman
Morales and carried that the city of Gilroy purchasing policy be
approved as presented.
The Energy Task Force Committee Chaired by Fire Chief
Gillespie gave a presentation regarding their recommendation to
proceed with a Letter of Intent for Honeywell services.
6524
vehicle
Repair & Pkg.
Trans.Com.
Motion was made by councilwoman Rowlison seconded by
councilman Morales and carried that the Letter of Intent for
Honeywell services be authorized as recommended.
A recommendation to amend the city code regarding repair
and parking of vehicles on city streets was noted and discussed.
Motion was made by Mayor Gage seconded by councilwoman
Rogers by the following Roll Call vote that staff be directed to
prepare an ordinance amending the city code eliminating restric-
tion on washing vehicles and prohibiting For-sale signs on
vehicles only in Business and commercial areas of the city: Ayes:
Councilmembers: Morales, Rogers, Valdez and Gage; Noes: council-
members: Gilroy and Rowlison; Absent: councilmember: Kloecker.
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Mr. Tom westoby, 567 Paradise Road, salinas, addressed the
council requesting consideration on their offer of $45,000.00 for
purchase of his property and in turn he would drop the law suit.
The Mayor requested that Mr. Westoby submit his offer to
the city Attorney as a formal request, further explained by Act-
ing city Attorney Korb and the procedure that must be followed.
The Mayor recommended and council concurred to reappoint
councilman Kloecker as the city's representative to the
Transportation Commission - county of Santa clara, for a term
expiring June 30, 1996.
The following informational items were noted with no
separate discussion on same except as indicated:
customer service:
Fire Department In Appreciation of Ochoa Migrant center
Facilities;
Police Chief's Response to Appreciative citizen;
VMC Foundation and Santa clara valley Medical in
Appreciation of Police Department participation in Annual
Triathlon and Jamboree;
Police chief In Appreciation of Funds from Del charro
project Management, Inc. for Anti-Graffiti Program;
Tony Bettencourt In Appreciation of staff and council
Action;
sandra Sammut, Volunteer Coordinator In Appreciation of
Funds from Thomas Appliance Service for Bicycle safety Program;
Compass Maps In Appreciation of Planning Department staff;
Carmen Hernandez, Local citizen re: Response to a Complaint
(6-9-94);
Police Department Employees' of the Month of April, 1994,
corporal Becerra, officers Hansell and Marfia;
Independent cities Association In Appreciation of support
to Defeat AB 3156;
councilman Kloecker seeking Reappointment to Executive
Board of ABAG;
city'S Response to Legislation, re: AB 3116 and SB 1601;
League of California cities Legislative Bulletins #21 and
#22 - 1994;
Calle Del
Rey Park
RDO
6~\?r:)
VoI'",._ ,
Mayor Gage's Commendations to Three (3) Local Boy Scouts
Receiving Rank of Eagle Scout;
Bill Shollenberger Recommending Licensing for Purchase of
Spray Paint and Markers; (The Mayor requested this matter be
investigated by staff to recommend a process for purchase of
paint spray for council consideration.)
Local citizens Requesting Chestnut Street Pedestrian
Bridge; (councilwoman Rowlison requested that this matter be
agendized for council consideration. city Administrator Baksa
recommended that this matter be reviewed at the next study
session on the capital Improvement Program for 1995-2000.)
Gilroy Chamber of Commerce Announcement for position of
Director of Tourism;
city's Response for support re: Federal Reimbursement to
California for Illegal Immigration costs;
Falcon cable systems Company Notification of Rate and
service Offerings to be Available and Effective on July 14, 1994;
Minutes of Gilroy Downtown Development corporation Meetings
of March 21, March 29, May 13 and May 27, 1994 and Financial
statements Through June 10, 1994; (councilwoman Rowlison thanked
GDDC for these documents. The Acting city Attorney was requested
to review the matter of Conflict of Interest regarding council-
members as members of GDDC.) and
Minutes of the Gilroy Chamber of commerce/city council
Joint Meeting of June 9, 1994.
city Administrator Baksa noted an update on the water
Conservation Program.
city Administrator Baksa presented and explained a recom-
mendation for a Budget Amendment in the amount of $436,000.00
noting a request for authorization to purchase calle Del Rey Park
site.
Motion was made by councilwoman Rowlison seconded by
councilman Gilroy and carried to authorize approval to purchase
Calle Del Rey Park site as recommended including the budget
amendment of $436,000.00 as noted.
city Administrator Baksa distributed copies of the revised
comprehensive Fee Schedule and Lease for the old city Hall for
council consideration at the June 27, 1994 regular council
Meeting.
Acting city Attorney Korb distributed copies of the draft
proposed RDO Agreement for council consideration at the July 5,
1994 regular council Meeting.
Councilman Gilroy noted a successful Antique show sponsored
by GDDC on June 19, 1994.
Councilman Gilroy requested that the salinas police
Department present and explain to council their citizens' Police
Advisory council/committee program. city Administrator Baksa
noted that he would have the police Department contact salinas
regarding same.
The Mayor noted the following meetings/events:
Gilroy city council Exhibition Wheelchair Basketball Game
with Garlic pressers, June 25, 1994 - 2:00 p.m., Wheeler
Facility, 202 W. 6th street, Gilroy, CA 95020.
6526
Adjrnmt.
Councilman Gilroy reminded council of the senior skills
workshop July 6, 1994 - 10.00 a.m. to be following by lunch at
the Gilroy senior Center.
At 10:46 p.m. the Mayor adjourned the meeting.
A~~f~~q:~~