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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:~~