Minutes 1995/02/06
Invocation
Posting
Agenda
Roll Call
Consent
calendar
'~n."" -: .<..-'C, =,.,-",.~-; -.'-'''''''''''' "".or-,.c.> ,.",;.."'~ ,
6G -'- ~{
Regular Meeting
February 6, 1995
Gilroy, california
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Robert strickland, south valley community Church
gave the Invocation.
The city Clerk noted that the Agenda had been posted on
February 2, 1995 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. - 7:00 p.m.
Motion was made by councilman Kloecker, seconded by Coun-
cilwoman Rowlison that the following items under the Consent
661 tl
Minutes
Budget
Def.Comp.
Res.95-7
Res.95-8
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;
Minutes of the Regular council Meeting of January 17, 1995;
Approved Budget Amendments/Transfers as recommended;
Appointed Dave Chantler to fill vacancy on the Deferred
compensation Advisory Committee representing the Miscellaneous
Bargaining unit;
Adopted Resolution No. 95-7 approving GPA 94-02, 14.78
acres of property fronting the east side of Monterey street at
the Highway 101-Monterey street Freeway Interchange and backing
to the SPRR, city of Gilroy, applicant;
RESOLUTION NO. 95 - 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
GPA 94-02, AMENDING THE GENERAL PLAN MAP FROM THE INDUSTRIAL PARK
AND OPEN SPACE DESIGNATION TO THE GENERAL SERVICES COMMERCIAL
DESIGNATION ON APPROXIMATELY 14.78 ACRES OF LAND FRONTING THE
EAST SIDE OF MONTEREY STREET AT THE MONTEREY STREET FREEWAY
INTERCHANGE, AND BACKING TO THE SOUTHERN PACIFIC RAILWAY RIGHT-
OF-WAY, APNS 841-14-067 AND A PORTION OF THE ADJACENT CALTRANS
RIGHT-OF-WAY.
PASSED AND ADOPTED this 6th day of February, 1995, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None;
"
ROGERS,
COUNCILMEMBERS:
COUNCILMEMBERS:
Adopted Resolution No. 95-8 approving A/S 94-25 Planned
Unit Development design on approximately 69.8 acres to allow
construction and development of a 112 lot single family resi-
dential subdivision located south of Longmeadow Drive, between
calle Del Rey and Rancho Hills Drive, Kaufman & Broad, applicant;
RESOLUTION NO. 95 - 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONDITION-
ALLY APPROVING APPLICATION A/S 94-25, PLANNED UNIT DEVELOPMENT
DESIGN APPROVAL, TO ALLOW CONSTRUCTION AND DEVELOPMENT OF A 112
LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION ON APPROXIMATELY 69.8
~CKES OF PROPERTY LOCATED SOUTa OF. LONGMEADOW DRIVE, BETWEEN
C~L~ D~~ ~y AND RANCHO HILL8 DRIVE, A~NS 783-21-014, -029,
-035, -036 AND 783-41-060'
PA::5::i!ID:JiND ,ADOlf.'JlliD ,this 6th 'rlaycli Fahtmary, ],9.95,:, by the fallowing
vote: -.-
Min
AYES:
Bid
Con"
NOES:
ABSENT:
Pub.Hear.
Weed Abate.
995.
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE; and
1
ount
Motion was made by Councilwoman Rowlison seconded by
Councilwoman Rogers and carried that the bid of Ideal Environ-
mental Products in the amount of $36,898.00 be awarded for
hazardous materials storage containers as recommended.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider annual destruction of removal of
weeds and/or refuse constituting a public nuisance in the city of
Gilroy.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the matter. There was no comment from
anyone in the audience. The Mayor closed the Public Hearing.
Res.95-9
RDO Allo-
cations
66J~
Motion was made by councilman Kloecker seconded by
councilman Gilroy that the reading of Resolution No. 95-9 be
waived and that it be adopted.
RESOLUTION NO. 95 - 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
INSTRUCTING THE CHIEF OF THE FIRE DEPARTMENT TO ABATE THE
NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE ACCUMULATING
UPON LOTS OR IN FRONT OF PROPERTY IN THE CITY OF GILROY, PURSUANT
TO SECTION 12.51 OF THE GILROY CITY CODE.
PASSED AND ADOPTED this 6th day of February, 1995, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None.
ROGERS,
The Mayor stated that this was the time and place scheduled
to consider a decision on approval or modification of RDO
Allocations as recommended by the Planning commission. (Public
Hearing held 12-5-94; Council decision continued to 12-19-94; 1-
17-95; 1-23-95 and 2-6-95.)
Councilman Kloecker explained response received from FPPC
regarding the Mayor being allowed to vote on said matter if
agreed by Council that the Glen Lorna Application RD 94-07 be
voted on separately from the remaining applications and noting no
response in regard to the Mayor voting on numerical limits.
Acting city Attorney Faber further explained the FPPC
response and procedure to be taken by Council on the matter
noting that the Mayor could conduct the Public Hearing if re-
opened, but could not take part in the discussion or vote.
Motion was made by councilwoman Rowlison seconded by
councilwoman Rogers and unanimously carried that the Glen Lorna RD
94-07 application be voted on apart from the remaining applica-
tions in the manner prescribed by the FPPC and explained by
Acting city Attorney Faber.
councilwoman Rogers requested that staff determine from the
FPPC if the Mayor can participate in the city's decision of
establishing numerical limits prior to this matter coming before
the council in April 1995.
The Mayor noted a letter from shapell Industries dated
December 14, 1994.
The Mayor noted additional information from Councilman
Kloecker dated December 30, 1994.
A request of applicants of Glen Lorna Ranch, RD 94-07 was
noted for re-opening of the Public Hearing.
Motion was made by Councilman Kloecker seconded by
councilman Morales and unanimously carried that the Public
Hearing regarding RDO Applications be re-opened. The Mayor
declared the Public Hearing regarding RDO applications opened and
the following addressed the Council:
Tim Filice, RD 94-07 requesting withdrawal of their
application to be resubmitted at the next RDO cycle for '95,
reserving the right to amend the application.
Motion was made by councilman Kloecker seconded by
Councilwoman Rogers and carried that the applicant's request to
withdraw RD 94-07 this year be accepted. The Mayor did not
participate in nor vote on the motion.
Acting city Attorney Faber noted that with the withdrawal
of RD 94-07 the Mayor can now participate in council's decision
regarding the RDO allocations.
6G16
Jack Kent, RD 94-04 requesting additional points under the
RDO allocation process for his project contributions to major
flood control provisions under project 566 for said substantial
flood control improvements made by the owners of his project and
RD 94-02.
Gary Filice, RD 94-15 and 16, specifically requesting 43
units in 1996 and 1997; 20 in 1996 and 23 in 1997.
Lou Tersini, RD 94-02 noting that they are actively pursu-
ing and performing regarding their backlog noting they may need
to continue their application to a future year for the remaining
allocations and return back in-line for future allocations and
requested the ability to be able to utilize this method.
Ted schaal, RD 94-06 requested ability to transfer 27 units
in 1996 from one location to another to eliminate an island
within the project and noted that he needs 20 additional units
with the 27 already allocated to accomplish this; 18 units in
1996, 42 in 1997, 40 in 1998 and 40 in 1999. He further noted
that if he is not allocated the additional 20 units that he will
not relocate the 27 units already assigned.
Bill Ayer, RD 94-01 requested allocations as outlined in
their letter dated December 14, 1994.
Dave Lazares, RD 94-12 noting that they are willing to
accept 23 units in 1996, 1997 and 1998 rather than 1999 to
continue their present project earlier than anticipated.
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 and explained the
RDO process. Discussion was had by council on the matter and
council agreed to the following consensus for allocations:
RD 94-01 - Reallocate 400 previously assigned units in
1997-2000 at 100 units per year and allocate an additional 250 in
the years 2001-2005 at 50 units per year, conditional upon
performance;
RD 94-02 - Zero allocations;
RD 94-03 - Zero allocations;
RD 94-04 - Zero allocations;
RD 94-05 - 17 in '96; 10 in '97; 20 in '98; 35 in '99 and
43 in 2000;
RD 94-06 - Zero Allocations;
RD 94-07 - Application withdrawn by applicants;
RD 94-12 - 23 units in 1996;
RD 94-13 - Zero allocations;
RD 94-14 - Zero allocations; and
RD 94-15 - 20 in 1996 and 23 in 1997.
It was noted that the following balances exist for units
not assigned: 1996 - 0; 1997 - 17; 1998 - 30; 1999 - 140; and
2000 - 132.
Motion was made by councilman Kloecker seconded by
councilman Gilroy and carried that RDO allocations recommended by
the Planning commission be approved as modified by council.
councilman Valdez voted "no" on the motion.
At 9:12 p.m. the Mayor declared a Recess and Reconvened the
meeting at 9:17 p.m.
Z 92-07
co.Property
Res.95-10
Maint.Dist.
#2
Res.95-11
Res.95-12
6617
An ordinance approving Z 92-07 amending the zoning Map from
M1 and os to CM-PUD on 14.78 acres on property fronting the east
side of Monterey street at the Highway 101-Monterey street
Freeway Interchange and backing to the SPRR, MVW Partners,
Applicant was noted including the Public Hearing held 1-17-95.
Motion was made by councilwoman Rogers seconded by
councilman Gilroy and unanimously carried that the title of the
ordinance be read and waived further reading of the ordinance.
The city Clerk read the title of the proposed ordinance.
Motion was made by councilman Kloecker seconded by
councilman Gilroy and carried that the proposed ordinance be
introduced and published by title and summary.
A recommendation to purchase property at the northeast
corner of Monterey street and Hornlein Court for a public parking
lot was noted and further explained by city Administrator Baksa.
Discussion was had by council on the matter.
Motion was made by councilwoman Rowlison seconded by
councilman Kloecker that the reading of Resolution No. 95-10 be
waived and that it be adopted.
RESOLUTION NO. 95 - 10
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY, CALIFORNIA,
REGARDING THE SANTA CLARA COUNTY AUCTION OF LAND IN GILROY FOR
UNPAID TAXES.
PASSED AND ADOPTED this 6th day of February, 1995, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
Motion was made by Councilman Kloecker seconded by Mayor
Gage that the property be used solely for a public parking lot.
Proceedings to consider Maintenance District No.2, city of
Gilroy re: Babbs Creek and christmas Hill Park Open space Area
were noted and further explained by Park supervisor Headley.
Mr. philip D. Assaf, Bond Attorney for the city, addressed
the council and further explained the proceedings, method of
assessment and formula for same.
Motion was made by councilman Kloecker seconded by
councilman Gilroy that the reading of Resolution No. 95-11 be
waived and that it be adopted initiating proceedings for
Maintenance District No.2.
RESOLUTION NO. 95 - 11
RESOLUTION INITIATING PROCEEDINGS - MAINTENANCE DISTRICT NO.2,
CITY OF GILROY, COUNTY OF SANTA CLARA, CALIFORNIA (Pursuant to
the Landscaping and Lighting Act of 1972).
PASSED AND ADOPTED this 6th day of February, 1995, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
Motion was made by councilman Kloecker seconded by
Councilman Gilroy that the reading of Resolution No. 95-12 be
waived and that it be adopted approving agreement for legal
services for Maintenance District No.2.
RESOLUTION NO. 95 - 12
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES - MAINTENANCE
DISTRICT NO.2, CITY OF GILROY, COUNTY OF SANTA CLARA, CALIFORNIA
6G18
Res.95-13
Res.95-14
(Pursuant to the Landscaping and Lighting Act of 1972).
PASSED AND ADOPTED this 6th day of February, 1995, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
COUNCILMEMBERS:
COUNCILMEMBERS:
Motion was made by councilman Kloecker seconded by
Councilman Gilroy that the reading of Resolution No. 95-13 be
waived and that it be adopted initiating proceedings for
Maintenance District No.2.
RESOLUTION NO. 95 - 13
RESOLUTION ORDERING IMPROVEMENTS - MAINTENANCE DISTRICT NO.2,
CITY OF GILROY, COUNTY OF SANTA CLARA, CALIFORNIA (Pursuant to
the Landscaping and Lighting Act of 1972).
PASSED AND ADOPTED this 6th day of February, 1995, by the
following vote:
AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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
A request of the Train Riders' Association of California
was noted for adoption of a Resolution opposing Amtrak Board of
Directors' decision to withdraw from its partnership with
CalTrans on the capitol Route.
Councilman Kloecker recommended approving the request.
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison that the reading of Resolution No. 95-14 be
waived and that it be adopted.
RESOLUTION NO. 95 - 14
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY IN OPPOSITION
TO AMTRAK BOARD OF DIRECTORS' DECISION TO WITHDRAW FROM ITS
PARTNERSHIP WITH CALTRANS ON THE CAPITOL ROUTE.
PASSED AND ADOPTED this 6th day of February, 1995, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
COUNCILMEMBERS:
COUNCILMEMBERS:
The following informational items were noted with no
separate discussion unless as noted:
correspondence re: 1995 State Budget:
city'S Response to HR5 and Sl re: Federal Mandates and
State and Local Government;
Customer Service:
Gilroy Downtown Development corporation In Appreciation and
Donation;
city In Appreciation of Children's Home Facilities for city
Council Retreat;
city In Appreciation of Almaden cycle Touring club for
Donation Toward Uvas Creek Park Preserve phase I Restoration
project;
utility Customer In Appreciation of city service;
Pers.Com.
1-9-95
Adj rnmt.
..
6GIB
Local Contractors re: city Policy and collection of
Developer Impact Fees;
Police Department Employee of the Month of December, 1994,
steve Baty, Police Officer;
Gilroy Downtown Development corporation calendar of Events
and Financial statement through December 31, 1994; Discussed
return of the telephone poles.
status of Airport Land Use commission of Santa clara
county;
League of california cities Legislative Bulletin #3 - 1995;
1994-95 Christmas Decoration Installation/Removal costs;
Gilroy sales Tax Digest re: 3rd Quarter sales;
Proclamation Issued by Mayor Gage: American History Month
- February 1995;
county of Santa clara's Environmental Resources
Agency/Planning re: proposed Garlic county Development;
CDBG citizen Advisory committee 1995; and
Alan viarengo clarifying a Newspaper Article that he
Authored.
The Report of the Personnel commission Meeting of January
9, 1995 was noted.
city Administrator Baksa distributed RDA Law for council
study session of February 13, 1995.
city Administrator Baksa distributed proposed changes of
the city charter for a future study session.
city Administrator Baksa distributed an article regarding
storm drain utility.
councilwoman Rowlison noted that she is opposed to
appointment of CDBG citizen Advisory committee members when they
are employees of recipient groups. councilman Gilroy concurred.
councilman Morales noted the Council committee's February
7, 1995 Meeting at 7:00 p.m. in the Employees' Lounge for a 125th
Birthday Anniversary celebration for the city and welcomed in-put
for same. Councilmembers: Morales, Valdez and Rogers are Council
representatives on the Task Force for this event.
councilman Gilroy requested prioritization of the strategic
plan ranking process to be completed, noting that he will work
with the city Administrator to compile a form for same.
councilwoman Rogers noted correspondence to council from
the Building Industries Association (BIA). Acting city Attorney
Faber noted he will review same and advise council on the matter.
The Mayor noted the Gilroy city council study session,
Monday, February 13, 1995 - 7:00 p.m., Council chambers, city
Hall, 7351 Rosanna street, Gilroy, CA re: Discussion of changes
in Redevelopment Laws and Effect Upon city of Gilroy.
At 9:46 p.m. the Mayor adjourned the meeting to Tuesday,
February 21, 1995. (February 22, 1995 - Legal Holiday.)
l:::su~tt::Z~
Susanne E. stei et~, city Clerk