Minutes 1995/01/17
GG04
Invocation
posting
Agenda
Roll call
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Regular Meeting
January 17, 1995
Gilroy, california
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Kevin wilson, Gilroy Bible church gave the
Invocation.
The city clerk noted that the Agenda had been posted on
January 12, 1995 at 8:45 a.m.
Present: councilmembers: K. A. Mike Gilroy, Paul V.
Kloecker, connie Rogers, suellen C. Rowlison, Pete valdez, Jr.
and Donald F. Gage; Absent: councilmember: Charles S. Morales -
7:00 p.m.
Emp.Award
Cert.Serv.
Consent
calendar
Ord.95-2
Ord.95-3
Minutes
Res.95-6
6605
The Mayor presented the Employee Award for the Month of
December 1994 to olga Juarez-castro, Clerk Typist II, Equipment
Maintenance Division.
The Mayor presented certificates of service to retired
Planning commissioner, Kenneth Cooper and Personnel commissioner,
Susan Jacobsen. other certificates of Service for retired Com-
missioners and Board Members were noted as retirees not present:
Tony Adame, Parks & Recreation commissioner; phil Buchanan,
Planning commissioner; william Noble, personnel commissioner;
Augustine Gomez, Library & culture commissioner; Ben pappani and
Joe Curro, Building Board of Appeals.
councilmember Morales entered and took his seat at the
council table.
Motion was made by councilman Kloecker seconded by Council-
man Valdez that the following items under the Consent calendar be
approved removing Item "A", Fixing councilmember salaries, by the
following Roll call Vote: Ayes: councilmembers: Paul V. Kloecker,
Charles S. Morales, Connie Rogers, Suellen C. Rowlison, Pete
valdez, Jr. and Donald F. Gage; Absent: Councilmember: K. A. Mike
Gilroy:
Adopted Ordinance No. 95-2 approving zoning from R1 and RH
to R1-PUD and RH on 27 acres, New cities Development Group, Z 94-
03;
ORDINANCE NO. 95 - 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING
FROM R1 (SINGLE FAMILY RESIDENTIAL), RH (RESIDENTIAL HILLSIDE),
AND PF (PARK/PUBLIC FACILITY) TO R1-PUD (SINGLE FAMILY RESIDEN-
TIAL, PLANNED UNIT DEVELOPMENT) AND RH (RESIDENTIAL HILLSIDE) ON
APPROXIMATELY 26 ACRES, APN'S 783-52-003, -004, AND -005.
PASSED AND ADOPTED this 17th day of January, 1995, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Adopted ordinance No. 95-3 amending chapter 19.B of the
city code relating to smoking pollution control;
ORDINANCE NO. 95 - 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING
CHAPTER 19.B OF THE GILROY CITY CODE RELATING TO SMOKING
POLLUTION CONTROL.
PASSED AND ADOPTED this 17th day of January, 1995, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Minutes of the Regular council Meeting of December 19,
1994;
Adopted Resolution No. 95-6 declaring weeds and refuse to
be a public nuisance;
RESOLUTION NO. 95 - 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING
CERTAIN WEEDS GROWING AND REFUSE ACCUMULATING IN THE CITY OF
GILROY TO BE A PUBLIC NUISANCE, DESCRIBING WEEDS WHICH CONSTITUTE
SUCH NUISANCE AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF
THE RESOLUTION BY PUBLICATION THEREOF.
PASSED AND ADOPTED this 17th day of January, 1995, by the
following vote:
6GOG
Budget
Minutes
Imprvmts.
Ord.95-4
Kern Park
Equip.
P.D.Equip.
Pub.Hear.
GPA 94-02
AYES:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
NOES:
ABSENT:
Approved Budget Amendments/Transfers as recommended;
Minutes of the Regular council Meeting of January 3, 1995;
Accepted Improvements of Tenth & princevalle street Traffic
signal, project 1993-6, 94-PW-303 as recommended; and South
valley National Bank, project 94-18.
Motion was made by councilman Kloecker seconded by Council-
man Valdez that the reading of Ordinance No. 95-4 be waived and
that it be adopted fixing councilmembers salaries at $400.00 per
month.
ORDINANCE NO~ 95 - 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING
ORDINANCE NO. 86-26 AND PROVIDING FOR SALARIES FOR MEMBERS OF THE
CITY COUNCIL.
PASSED AND ADOPTED this 17th day of January, 1995, by the
following vote:
AYES: COUNCILMEMBERS: KLOECKER, MORALES, ROGERS and VALDEZ
NOES: COUNCILMEMBERS: GILROY, ROWLISON and GAGE
ABSENT: COUNCILMEMBERS: None.
city Administrator Baksa presented and explained a
recommendation to award the bid for Kern Avenue Neighborhood
Design Consultant to Beals Landscape Architecture, Inc. not to
exceed $34,615.00.
Motion was made ~y Councilman Kloecker seconded by
councilwoman Rowlison and carried that the bid of Beals Landscape
Architecture, Inc. be awarded for the Kern Avenue Neighborhood
Park Design Consultant not to exceed $34,615.00 as recommended.
city Administrator Baksa presented and explained a
recommendation to award the bid for radio and telephone recording
equipment to Lanier corporation in the amount of $34,991.00.
Discussion was had in regard to a protest received from one
of the bidders explained by Acting city Attorney Faber that a
minor technical irregularity could be waived.
Motion was made by Councilwoman Rogers seconded by council-
man Kloecker and carried that the bid of Lanier corporation in
the amount of $34,991.00 be awarded as recommended for radio and
telephone recording equipment.
city Administrator Baksa presented and explained a recom-
mendation to award the bid of Divine Firearms Company in the
amount of $11,413.00 for handgun and Police Department equipment.
Motion was made by Councilman Kloecker seconded by Council-
man Gilroy and carried that the bid of Divine Firearms Company in
the amount of $11,413.00 be awarded for handgun and Police
Department equipment as recommended.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider a General plan Amendment
request to amend the city'S General plan Map from Industrial Park
and Open Space to General Services Commercial on 14.78 Acres, for
property fronting the east side of Monterey Street at the Highway
101/Monterey Street Freeway Interchange and backing to the
southern pacific Railway Right-of-way, city of Gilroy, applicant,
GPA 94-02.
The staff Report was noted and further explained by planner
III Faus.
"-
pub.Hear.
Z 92-07
RDO Alloca-
tions
Economic
Dev. prog.
santa Teresa
Task Force
6607
The Mayor asked if there was anyone in the audience wishing
to speak on the proposal.
Mr. Howard vierra, property owner, addressed the council
and noted that he is available for any questions.
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.
Motion was made by Councilman Kloecker seconded by council-
man valdez and carried that the Mitigated Negative Declaration be
adopted as completed in compliance with CEQA and reflecting the
independent judgment of the city.
Motion was made by councilman Kloecker seconded by council-
man Morales and carried that staff be directed to prepare a
resolution approving GPA 94-02.
Motion was made by councilman Kloecker seconded by council-
man Valdez and carried that staff be directed to not prepare a
report as recommended by the planning commission to initiate a
General plan Amendment from General services commercial to
visitor serving commercial and zone change for the above-
referenced property. councilmembers: Rogers and Rowlison voted
"no" on the motion.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a zone change to amend the
zoning Map from M1 (Limited Industrial) and os (Open space)
zoning Districts to CM-PUD (commercial Industrial-planned unit
Development) on 14.78 Acres for property fronting the east side
of Monterey street at the Highway 101/Monterey street Freeway
Interchange and backing to the Southern Pacific Railway Right-of-
Way, MVW Partners, applicant, Z 92-07.
The staff Report was noted and further explained by planner
III Faus that the zone change is consistent with the General plan
Amendment.
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 councilman Kloecker seconded by
councilman valdez and carried that staff be directed to prepare
an ordinance approving Z 92-07 as recommended.
councilman Kloecker requested that a Joint council/Planning
commission study session be scheduled to discuss commercial/visi-
tor Highway commercial zoning policy and a separate study session
with other commissions to discuss city policies and issues.
council agreed to continue decision on approval or modifi-
cation of RDO Allocations as recommended by the planning commis-
sion to the January 23, 1995 Regular council Meeting for receipt
of pending information from FPPC regarding the Mayor's possible
conflict of interest on the matter. (Public Hearing held 12-5-
94; council decision continued to 12-19-94 and 1-17-95.)
Motion was made by councilman Kloecker seconded by council-
man Gilroy and carried that a decision on the city's participa-
tion in an Economic Development Program with the Gilroy chamber
of Commerce be continued to the June 5, 1995 regular meeting to
allow for consideration within the 1995-96 Budget. It was noted
that Brooks Nantker, chamber of Commerce Executive Officer, had
requested that the matter be continued to March 6, 1995.
A recommendation to establish a santa Teresa corridor study
Task Force for the Santa Teresa Boulevard corridor study was
noted. Discussion was had by Council on the matter.
6G08
Housing Elem.
Task Force
Uvas Pk.
Preserve
A recommendation to establish a Housing Element Implementa-
tion Task Force study was noted. Discussion was had by Council
on the matter.
Motion was made by Councilman Kloecker seconded by Council-
woman Rogers and carried to approve the concept to establish the
following Task Forces as recommended and discussed:
santa Teresa Corridor study Task Force: 1 city councilmem-
ber; 1 Planning commissioner recommended by the Planning commis-
sion with council approval; 1 Parks & Recreation commissioner
recommended by the Parks & Recreation Commission with Council
approval; 2 property owners or developers of land adjacent to
Santa Teresa Corridor recommended by the Planning Director with
Council approval; and 1 representative of Mesa Ranch Neighbor-
hood and 1 citizen at large, both to be selected similarly as
commissioners are selected by application and approved by
Council.
Housinq Element Implementation Task Force study: 2 _
Developers For-Profit and Non-profit; 2 affected citizens; 2
connected to Housing Industry i.e. contractors, housing
advocates; 1 representative of the financial community - Total: 7
plus 2 additional if desired, to follow same procedure used for
commission selection and that members be residents of Gilroy and
that previous members of the Housing Task Force be contacted to
determine if they would be interested in serving on said Task
Force. It was also suggested that the Planning commission select
a representative for membership on the Task Force; and the
Housing Element Implementation Task Force recommendations be
forwarded to the Planning commission for their recommendation to
Council who shall have final approval in establishing a housing
element implementation policy.
City Administrator Baksa presented a recommendation that
the Uvas Park Preserve construction Design concept be approved.
Parks & Recreation Director connelly explained the environmental
building proposed within the Preserve.
Motion was made by Councilwoman Rogers seconded by council-
man Kloecker and carried to approve the Uvas Park Preserve Con-
struction Design concept to proceed with all three contracts in
the most feasible priority as recommended by City Administrator
Baksa.
City Administrator Baksa noted proposed policies concerning
the Housing and Community Development Block Grant Program - 21st
Year Application Process further explained by HCD Grant
Coordinator Rojas.
Council agreed upon the following:
1) 15% target or less re: Administrative Costs;
2) Heard from Marie Juncker, south County Housing
Executive Director re: CAC Funding. Motion was made
by councilman Kloecker seconded by councilman Valdez
and carried to approve CAC funding City Administra-
tive costs and non-profit developer's predevelopment
costs;
3) Agreed to schedule for the Council Retreat,
specifically, to set specific priorities for funding
prior to the February 14, 1995 Public Forum to hear
proposals;
4) Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried to approve as written
re: CAC recommending funding only non-profits with
more than one complete year in business;
A/S 94-25
Dev.Fees
SCVW Dist.
RDO proj.
Financing
BGag
~..,
5 & 6) Motion was made by councilman Kloecker seconded by
Councilwoman Rowlison and carried to approve as
written re: Funds in excess of $10,000 in all
categories other than Public service should be
returned to the CAC and council if they are unused
in a given year and to be reallocated to another
project; and Public service monies in excess of
$5,000 to be reallocated be returned to CAC for
discussion and recommendation to Council;
7) staff determine term of service on CAC members;
suggested 3 years staggering terms; that members.are
an Advisory Board only to Council. It was suggested
that Rotary and American Association of University
Women Membership be considered; and
8) Motion was made by councilman Kloecker seconded by
Councilman Gilroy to approve as written, Public
service Grants continue to be $2,000 minimum.
At 9:05 p.m. the Mayor declared a Recess and reconvened the
meeting at 9:12 p.m.
The Mayor noted a recommendation to approve a planned unit
Development (PUD) Design Approval on an approximate 69.8 acre
site zoned R1-PUD (single Family Residential-Planned unit
Development), to allow the construction and development of a 112
Lot Single Family Residential subdivision on property located
south of Longmeadow Drive, between Calle Del Rey and Rancho Hills
Drive, Kaufman & Broad, applicant, A/S 94-25.
The Staff Report was noted and further explained by Planner
III Faus.
Motion was made by councilman Kloecker seconded by
councilman Valdez and carried that staff prepare a resolution
approving said Planned unit Development Design for A/S 94-25.
A recommendation on timing of development fee payments was
noted and further explained by Director of Public works Allen.
Discussion was had by council on the matter.
Motion was made by councilman Kloecker seconded by
councilman Morales and carried that development fee payments be
collected in the same manner previously collected, specifically
to allow deferment of Park, Police and Fire payments at the time
of issuance of building permits unless in any of these categories
there may be a reimbursement issue and if so, said payment would
also have to be collected at Final Map approval.
The Mayor asked if there was anyone
to speak on any matter not on the agenda.
from anyone in the audience.
in the audience wishing
There was no comment
The Mayor recommended councilwoman Rowlison be reappointed
as the city's representative to the south Zone Advisory committee
of the Santa clara valley Water District; Director of Public
Works Allen, Alternate and councilwoman Rowlison be reappointed
as representative to the Santa clara Valley Water commission;
Mayor Gage, Alternate.
Motion was made by councilman Kloecker seconded by
Councilman Gilroy and carried that councilwoman Rowlison be
reappointed as the City's representative on the South Zone
Advisory Committee and Water commission of the Santa clara valley
Water District and Alternates remain the same.
city Administrator Baksa noted a letter from Larry Willard
re: financing problems for smaller RDO projects and staff Report
for same recommending that staff be authorized to meet with the
developers regarding this issue raised. Council concurred.
66iO
Plan.Com.
1-5-95
SCRWA
The following informational items were noted with no
separate discussion on same:
Customer Service:
Gilroy Fire Department Letter of Commendation to Building
Inspector II, Jane Alexander;
united Way In Appreciation of city's 1994 campaign
Chairperson, Loida Osteo;
Inter-Office Memo from Police Chief In Appreciation of
corporal steve Gaither;
Santa Clara County Municipal Court - Relocation of Gilroy
Facility;
Retirement of Ronald R. Esau from Santa Clara Valley Water
District;
Minutes of the Santa Clara county Library Joint Powers
Authority Implementation Meeting of December 19, 1994;
Lee Weider re: CalTrans Letter dated 12-21-94 re: Garlic
Country U.S.A.;
Petition for special Relief to Modify the Television Market
of KOFY-TV;
Yard;
Santa Clara County Transit District re: Gladys Jackson
Police Department Employee of the Month of October, 1994 _
patricia Harrell, Public safety Communicator II and for the Month
of November, 1994 - Norm Chapin, corporal;
Tom Springer re: Residential Development Ordinance; and
League of California cities' Legislative Bulletin #1-1995;
The Report of the Planning commission Meeting of January 5,
1995 was noted.
The Minutes of the south County Regional Wastewater
Authority Meeting of November 22, 1994 were noted.
City Administrator Baksa noted an update on the Water
Conservation Program.
Council requested that the council study Session regarding
the capital Improvement Budget on January 30, 1995 be held in the
Council Chambers to be televised.
city Administrator Baksa distributed information regarding
the Council/Manager Retreat and requested council return their
information regarding the Retreat to him by Noon on January 20.
Councilman Gilroy noted that he would not attend nor
participate in the retreat if same was held at the I.O.O.F.
facility explaining the reasons for same.
Councilwoman Rowlison suggested that Council reconsider the
location of the Retreat. Discussion was had by Council.
Councilwoman Rogers reported on a community Service Policy
Committee Meeting of the League of california cities that she
attended in Burbank and further noted that February 23 is the
last date that legislative bills can be introduced.
Councilman Kloecker reported on an Environmental Quality
League of California cities Meeting he recently attended.
The Mayor noted the following Meetings and Events:
Adjrnmt.
6Gll
Gilroy City Council study session, Tuesday, January 24,
1995 - 7:00 p.m., Council Chambers, city Hall, 7351 Rosanna
street, Gilroy re: Proposed storm Drain utility;
Gilroy City council/Manager's Retreat, Friday, January 27,
1995 - 6:00 p.m. to 10:00 p.m., and saturday, January 28, 1995
8:30 a.m. to 5:00 p.m., I.O.O.F. children's Rebekah Home,
I.O.O.F. Avenue, Gilroy, and
Gilroy city Council study session, Monday, February 13,
1995 - 7:00 p.m., Council Chambers, city Hall, 7351 Rosanna
street, Gilroy, re: Discussion of changes in Redevelopment Laws
and Effect Upon city of Gilroy.
Councilman Gilroy noted that he would attend the city Coun-
cil/Manager Retreat at the I.O.O.F. Building to avoid cancelling
the entire Retreat; that his request to conduct the Retreat at a
city facility be considered for next year. The Mayor noted that
the Public is invited to attend the Retreat.
At 10:47 p.m. the Mayor Adjourned to a Closed session re:
Conference with Legal Counsel - Existing Litigation per Gov't.
code Sec. 54956.9(a), city of Gilroy v. The Heirs and Devisees of
Dante Tomey and Edna Tomey, Deceased, sub;ect to Administration
of Their Estates, Linda westoby, Thomas westoby, and DOES 1
throuqh 50, Inclusive; Santa Clara county superior Court Case No.
CV741025; and
re: Conference with Real Property Negotiator, pursuant to
Gov't. code section 54956.8 - Property located south of Thomas
Road and west of Monterey Highway, Gilroy, CA 95020; Negotiating
parties: Representative for the Blocker and Filice properties;
Matter under negotiation: Requesting direction from Council
regarding possible purchase and/or exchange of land for the
Thomas Road Sports' complex.
At 11:15 p.m. the Mayor further reconvene the meeting and
further adjourned.
Respectfully submitted,
J
;::~~
Susanne E. Steinmetz,