Minutes 1994/10/17
Approved the Minutes of the Regular council Meeting of
september 26, 1994;
Approved the Minutes of the Regular council Meeting of
september 19, 1994;
Motion was made by councilman Kloecker, seconded by Coun-
cilman Valdez that the following items under the Consent calendar
be approved by the following Roll Call Vote: Ayes: Councilmem-
bers: K. A. Mike Gilroy, Paul V. Kloecker, Charles s. Morales,
Connie Rogers, Suellen C. Rowlison, Pete Valdez, Jr. and Donald
F. Gage:
The Mayor introduced new employee, Jaime Romero, police
officer.
Present: Councilmembers: K. A. Mike Gilroy, Paul V.
Kloecker, charles s. Morales, connie Rogers, suellen c. Rowlison,
Pete Valdez, Jr. and Donald F. Gage; 7:00 p.m.
The city Clerk noted that the Agenda had been posted on
october 13, 1994 at 10:20 a.m.
No one present to give the Invocation.
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
october 17, 1994
Gilroy, california
6 r:: f) "f
\.1) (
Minutes
Consent
Calendar
Intro New
Employee
Roll Call
posting
Agenda
Invocation
6568
Res.94-74
Sewer Servo
Budget
Claim
Imprvmts
Res.94-75
Sal.Sched.
Pub.Hear.
TM 94-05
Adopted Resolution No. 94-74 establishing amended flat
rates for sanitary sewer service, specifically Gilroy Foods Inc.,
Gilroy Foods Corp. and Gavilan community college;
RESOLUTION NO. 94 - 74
CITY OF GILROY ESTABLISHING
SERVICE, SPECIFICALLY
AND GAVILAN COMMUNITY
RESOLUTION OF THE CITY COUNCIL OF THE
AMENDED FLAT RATES FOR SANITARY SEWER
GILROY FOODS INC., GILROY FOODS CORP.
COLLEGE.
PASSED AND ADOPTED this 17th day of October, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Approved Budget Transfers/Amendments as recommended;
Denied Claim of D. Acosta as recommended;
Accepted improvements on Arroyo Circle for southpoint
Outlet Associates, project 1992-32 - phase III; and
Adopted Resolution No. 94-75 approving 1994 salary
Schedules for Miscellaneous and Exempt Personnel;
RESOLUTION NO. 94 - 75
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING
1994 SALARY SCHEDULES FOR MISCELLANEOUS AND EXEMPT PERSONNEL.
PASSED AND ADOPTED this 17th day of october, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider a Tentative Map request to
subdivide approximately 13.53 acres into a sixty-four (64) lot
single Family Residential subdivision, to be known as The vine-
yards at Thomas Road phase II, on property zoned RI-PUD (single
Family Residential-planned unit Development), located on the west
side of Thomas Road, north of Santa Teresa Boulevard, Thomas Road
properties, applicant, TM 94-05.
The Staff Report was noted and further explained by planner
III Faus. Planing Director Dorn explained the soundwall portion
of this application. He noted that the Tentative Map application
could be continued only with the consent of the applicant due to
the subdivision Map Act. It was noted that the Planning Commis-
sion approved the staff's recommendation regarding the soundwall
policy but requested additional alternatives be reviewed at a
Joint council/planning commission/parks & Recreation Commission
study Session.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
The following addressed the Council:
Bob Saxe, attorney representing the applicant, noting that
all conditions are acceptable.
Mike Meyer, opposed to soundwalls on Santa Teresa
Boulevard.
phil Buchanan, 7440 Miller Avenue, requested consideration
of pedestrian/bike paths along santa Teresa Boulevard to Highway
101 be acknowledged and that these concepts be provided.
Recess
pub.Hear.
Z 94-06
6569
Martha Martinez, 1020 ortega circle, opposed to soundwalls
along santa Teresa Boulevard, further noting that this is an
opportunity for class 1 pedestrian/bike paths to be provided and
that the developer should assist in the cost for same.
Todd Perkins, 1176 Petersen Drive, chairman of the Parks &
Recreation commission, noting that the commission unanimously
agreed to frontage roads on santa Teresa Boulevard from First
street to Gavilan College; opposed to soundwalls and class 1 bike
pathways area desired on the east side of Santa Teresa Boulevard.
Tim Filice, representing the applicant, noting that they
have provided multi purpose bike/trails along Babbs creek and
same is presented as part of the development in Thomas Road area.
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 Valdez seconded by council-
woman Rogers to deny the TM 94-05 without prejudice. (No vote
taken at this time.)
Tim Filice, applicant, addressed the council and noted that
they would agree to continuing action on the matter to the
November 21, 1994 regular council Meeting and to a Joint study
session of the council and commissions regarding the sound wall
policy prior to that meeting.
councilman Valdez withdrew his previous motion to deny the
Tentative Map without prejudice and councilwoman Rogers withdrew
her second.
Motion was made by councilman Valdez seconded by council-
woman Rogers by the following Roll Call Vote that council action
on TM 94-05 be continued to November 21, 1994 and that a Joint
council/planning parks & Recreation Commission study session be
scheduled for November 14, 1994 to discuss and review the city'S
soundwall policy: Ayes: Councilmembers: Gilroy, Kloecker,
Morales, Rogers, Rowlison, Valdez and Gage.
At 9:08 p.m. the Mayor declared a recess and reconvened the
meeting at 9:20 p.m.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a zoning ordinance Text Amend-
ment to allow revisions to the zoning ordinance, specifically
affecting the following sections: Section 50.60, Residential
Development; Section 50.62, Application of ordinance, subsections
(b), (b)(I) and (b)(2); and Section 50.65, project Rating scale,
city of Gilroy, applicant, Z 94-6.
The staff Report was noted and explained by planner III
Faus.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
The following addressed the council on the matter:
Mark starritt thanked the council and staff providing the
recommendations that will allow local contractors to work in the
area with a diversity of housing.
Mike Kennedy, 7624 Los Padres court, thanked council and
staff, noting that any detriments are outweighed by the benefits
of an architectural mix and allowing local builders to work.
Brad smith, President of South valley Bank, in favor of the
proposed amendments, noting that this will enhance the process
for small builders, beneficial and very important.
6570
Pub.Hear.
cable Rates
Res.94-76
com.Appmts.
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 council-
man Valdez and carried that staff be directed to prepare an
ordinance approving zoning ordinance Text Amendments Z 94-06 as
recommended per the staff Report with the exception that a
restriction be added to the geographical area, specifically south
and west of Santa Teresa Boulevard.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider disapproving Falcon Cable system
Rates and charges for the Basic service Tier in effect from
september 1, 1993 to July 14, 1994.
The staff Report was noted and further explained by Public
Information officer McCann.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Ms. Filimina Fagundes, representing Falcon cable, addressed
the council and noted that if the Resolution is adopted they may
provide the refunds or may appeal to FCC.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no further comment from anyone in
the audience. The Mayor closed the Public Hearing.
Motion was made by councilman Kloecker seconded by
councilwoman Rogers that the reading of Resolution No. 94-76 be
waived and that it be adopted.
RESOLUTION NO. 94 - 76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT
TO SECTIONS 76.936, 76.940, 76.941 AND 76.942 OF THE RULES AND
REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION DISAPPROVING
FALCON CABLE SYSTEM'S RATES AND CHARGES FOR THE BASIC SERVICE
TIER IN EFFECT FROM SEPTEMBER 1, 1993 TO JULY 14, 1994 AND
ORDERING REFUNDS OF OVERCHARGED AMOUNTS.
PASSED AND ADOPTED this 17th day of october, 1994, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
The Mayor noted city commission and Board appointments
effective January 1, 1995 would be agendized for appointment
December 21, 1994.
Council set November 18, 1994 at 5:00 p.m. deadline to
receive applications for appointment of city commission and Board
Appointments effective January 1, 1995.
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Artie O'Conner, 771 Eschenburg Drive, Gilroy, addressed the
Council and inquired of a possible conflict of interest regarding
Berliner, Cohen representing Garlic country USA project and the
city of Gilroy.
The Mayor and Acting city Attorney Faber explained the
matter noting that a conflict of interest did not exist and that
a letter addressing Ms. O'Conner's concerns would be forwarded to
her.
shapell
Tour
prop.185
657\
t
Mike Meyer, 7435 Eigleberry street, Gilroy, addressed the
council noting opposition and concerns of the shapell housing
development project, west of Santa Teresa and south of Hecker
Pass Highway.
The Mayor noted a Shapell Homes Tour of the o'connell Ranch
project scheduled for october 29, 1994.
Motion was made by councilman Gilroy seconded by council-
woman Rowlison and carried that no action be taken on the request
of supervisor Diridon for endorsement of proposition 185 re:
Clean Air, Jobs, and Transit Initiative (CALTEA) to appear on the
November 1994 Ballot and further to take no action on any other
propositions.
The following informational items were noted with no
separate discussion on same:
customer service:
Robert schetgen re: Protest of utility Rates;
MACSA In Appreciation;
california Fire Academy In Appreciation of Fire Department;
Inter-Office Memo from chief sumisaki to Jim stephens, P.S.
communicator; sgt. Ramirez, Officer castaneda, the Anti-crime
Team;corporal Latronica, sgt. crumrine, and officer Aguirre In
Appreciation;
senior Center In Appreciation of Donation from wellness
committee;
Californians' Against The $700 Million Tax Increase.
(proposition 185);
K-Mart corporation's Notification of official Closing
February 12, 1995;
MACSA Invitation to "First Annual Job Faire", october 26,
1994 from 3:00-6:00 p.m., Gilroy community Youth center;
Assemblyman Areias re: city'S Response to AB 3156 and AB
3505;
Assemblyman Willie Brown re: Summary of Major Bills Passed
During California's 1993-1994 Legislative session;
Alliance for Food and Fiber re: Medfly Notebook; (city clerk
has a copy of this Resource Notebook available for your review.);
Permit streamlining Report, The santa clara county
Manufacturing Group;
Proclamations Issued by Mayor Gage: The Year of the
celebration of the united Nations - October 1994-0ctober 1994;
old city Hall Re-Dedication Day - october 17, 1994; Make A
Difference Day - October 23, 1994;
police Department Employee of the Month of August 1994 -
steve Gaither;
update on Long-Range Planning Department Applications;
city'S Response to ABAG re: Draft Revisions to state
constitution;
Municipal Resource Consultants re: AB 3505 (Valerie Brown);
Berliner Cohen re: Relationship with Garlic country U.S.A.;
Police Department Employee of Month-June 1994, Norm Chapin;
6572
SCRWA
Plan.Com.
10-6-94
soundwalls
A/S 94-22
city of cupertino supporting Measure re: Library Funding;
Assemblyman Areias re: Realignment of Highway 152; and
League of California cities Legislative Bulletin #31-1994.
The Minutes of the south county Regional Wastewater
Authority Meeting of september 6, 1994 were noted.
The Report of the Planning commission Meeting of October 6,
1994 was noted.
It was noted that the proposed city of Gilroy soundwall
Policy - M 94-04 would be addressed at the November 14, 1994
Joint council/planning/po & R. commissions study Session.
A recommendation and staff Report was noted on a planned
Unit Development (PUD) Design Approval, for phase I of "The
vineyards at Thomas Road", on approximately 15 acres of a larger
39 acre RI-PUD (single Family Residential-planned unit Develop-
ment) site, to allow the construction of 43 single Family Homes
on individual lots, and create a publicly dedicated creek pre-
serve (Babbs Canyon creek), on property located on the west side
of Thomas Road, north of santa Teresa Boulevard, Kaufman & Broad,
applicant, A/S 94-22, further explained by planner III Faus.
councilwoman Rogers complemented staff regarding the Babbs
Creek project.
councilman Kloecker suggested that the city'S policy
regarding monolithic sidewalks be studied at some future date.
Motion was made by councilman Kloecker seconded by
councilman Morales and carried that staff be directed to prepare
a resolution approving A/S 94-22 as recommended.
city Administrator Baksa noted an update on the Water
Conservation Program.
city Administrator Baksa noted public Works handouts from
their Departmental Report presentation regarding Transportation
capital Improvement projects.
city Administrator Baksa noted a letter from the police
chief regarding the city of San Jose proposing to administer
their emergency services and removing from the county system that
would affect the city'S costs for same.
city Administrator Baksa distributed a proposed Agenda for
the Joint city/school Liaison committee meeting of October 20
requesting council advise him of other issues they would like
added.
councilman Morales requested a study session to be tele-
vised to inform the public of the Garlic Country USA project.
city Administrator Baksa noted that specific plans for the
project have not been submitted as of this date.
Councilwoman Rogers noted that the president of the school
aoard indicated interest in the Draft Graffiti ordinance that may
be a topic of discussion at the Joint city/school Liaison
committee Meeting.
councilwoman Rogers complemented the city/school addressing
the traffic problem at Rod Kelly school as to ingress and egress.
city Administrator Baksa noted scheduled customer service
Training for new employees.
city Administrator Baksa noted no response for the long
term lease at the Train Depot nor agreement for upgrading the
Theatre Angels' building.
Amicus
Adj rnmt.
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\....1 c.....,.t '" ,l
city Administrator Baksa noted the south county Regional
wastewater Authority's october 25 meeting was cancelled and the
next meeting is scheduled for November 1.
city Administrator Baksa noted the Grand opening Ceremonies
of the Wastewater Treatment plant scheduled for November 17, 1994
at 9:00 a.m.
Noted the Grand opening scheduled for the community/Youth
Center opening on October 27, 1994 at 5:30 p.m. to 7:00 p.m.
Motion was made by councilman Kloecker seconded by
councilwoman Rogers and carried that the city Join Amicus in
Water Qualitv Association v. city of Escondido, et al, San Diego
county superior court, North county Judicial District No. N53243.
councilwoman Rogers gave an update on the Visitors' Bureau
meeting.
councilman Kloecker noted that a document from the CMA re:
Regional Planning will be distributed and requested staff report
to council on its impacts at a future date.
councilman Kloecker requested the television audience note
that the city supports Measure A on the November 1994 Ballot re:
Libraries and urges everyone to vote on November 8.
The Mayor noted the following:
Re-dedication of Old city Hall Ceremony, October 17, 1994 -
3:30 p.m. Parade; ceremony at old city Hall 4:15 p.m.;
Joint Meeting of the Liaison Committee of the Gilroy city
council and Gilroy Unified school District Board of Education,
october 20, 1994 - 7:30 p.m., council Chambers, city Hall, 7351
Rosanna street, Gilroy, re: Issues of Mutual Concern;
League of California cities 96th Annual conference, Long
Beach, October 23-25, 1994. Gilroy city council Meeting of
October 24, 1994 cancelled; and
Tour of O'connell Ranch site project, *Gilroy city council
and Planning commission, October 29, 1994 - 9:30 a.m. to 1:00
p.m. - Hecker Pass plaza, 1360 First st., Gilroy. (*RSVP city
clerk. )
The Mayor noted that the previously scheduled closed
session to immediately follow this regular meeting has been
rescheduled for 6:00 o'clock p.m. on November 7, 1994 re: Public
Employee Evaluation per Govt.code Sec. 54957 re: city
Administrator.
At 10:57 p.m. the Mayor adjourned the meeting to November
7, 1994. (october 24, 1994 Regular Meeting cancelled.)
Respectfully submitted,
4010~ & K3?e:::-i:
Susanne E. ste1nmetz, C1ty ~ cJ--