Minutes 1995/04/17
Invocation
posting
Agenda
Roll call
Emp.Award
Spec."O"
consent
calendar
Budget
ord.95-7
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Regular Meeting
April 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
April 13, 1995 at 10:45 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.
The Mayor presented the Employee Award for the Month of
March, 1995 to Arlene Jeske, Account clerk II.
Recreation coordinator Myers noted the Gavilan special
olympics Event May 6, 1995 and participants presented the council
with special "0" pins.
Motion was made by councilman Kloecker, seconded by council-
man valdez that the following items under the consent calendar be
approved removing Items "B" Resolution Approving GPA 93-04 and "C"
Resolution Approving GPA 93-03 by the following Roll Call vote:
Ayes: councilmembers: K. A. Mike Gilroy, Paul V. Kloecker, charles
S. Morales, connie Rogers, Sue lien c. Rowlison, Pete valdez, Jr.
and Donald F. Gage;
Approved Budget Amendments/Transfers as recommended;
Adopted ordinance No. 95-7 approving Z 95-01, Gerard &
Lambert, Inc. rezoning from A1 to RI-PUD for property located on
the east side of santa Teresa Boulevard and the easterly terminus
of Longmeadow Drive;
ORDINANCE NO. 95 - 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING
FROM Al (AGRICULTURAL) TO R1-PUD (SINGLE FAMILY RESIDENTIAL,
PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 9.06 ACRES, APN'S 790-
05-039.
6G44
Res.95-27
claim
Res.95-28
& Res.95-29
Recyl.prog
Res.#95-30
PASSED AND ADOPTED this 17th day of April, 1995 by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Adopted Resolution No. 95-27 establishing Numerical Limits
for 1996-2003;
RESOLUTION NO. 95 - 27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RESETTING
NUMERICAL LIMITS FOR MAXIMUM TOTAL NUMBER OF RESIDENTIAL DWELLING
UNITS TO BE BUILT DURING EACH OF THE YEARS 1996 THROUGH 2003,
INCLUSIVE.
PASSED AND ADOPTED this 17th day of April, 1995 by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Minutes of the Regular council Meeting of March 27, 1995;
Denied Claim of Mark Moose/Paul Beaver as recommended;
Minutes of the Regular council Meeting of April 3, 1995;
Adopted Resolution No. 95-28 approving agreement for Legal
Services and Resolution No. 95-29 of Intention to Annex Territory
to Maintenance District #1, setting Public Hearing of May 15, 1995
re: Country Estates-Forest project.
RESOLUTION NO. 95 - 28
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES.
PASSED AND ADOPTED this 17th day of April, 1995 by the following
vote:
AYES:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
NOES:
ABSENT:
RESOLUTION NO. 95 - 29
RESOLUTION OF INTENTION TO ANNEX
NO.1, CITY OF GILROY ANNEXATION
PASSED AND ADOPTED this 17th day
vote:
AYES:
TERRITORY TO MAINTENANCE DISTRICT
NO. 1995-1.
of April, 1995, by the following
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None; and
ROGERS,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Approved formation of a citizens' Advisory Committee re:
Recycling Programs as recommended.
Motion was made by Councilman Kloecker seconded by council-
man Valdez that the reading of Resolution No. 95-30 waived and
that it be adopted:
RESOLUTION NO. 95-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
GPA 93-04, AMENDING THE GENERAL PLAN MAP FROM INDUSTRIAL PARK TO
GENERAL SERVICES COMMERCIAL ON APPROXIMATELY 9 ACRES, PARCEL 835-
04-019 AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, AND ADOPTING A STATEMENT OVERRIDING CONSIDERATIONS
AND A MITIGATION MONITORING PROGRAM.
PASSED AND ADOPTED this 17th day of April, 1995, by the following
vote:
Res.95-31
Bids re:
Audit
Bids re:
Landscaping
storm Drain
Fees
Card Room
GG4t"
.. .J
AYES:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
NOES:
ABSENT:
Motion was made by councilman Kloecker seconded by council-
man Valdez that the reading of Resolution No. 95-31 be waived and
that it be adopted approving GPA 93-03, David Ninomiya, Ben & Ann
Koda, applicants for property located at 8620 San Ysidro Avenue by
the following Roll Call vote: Ayes: councilmembers: Kloecker,
Morales, Rogers and valdez; Noes: councilmembers: Gilroy, Rowlison
and Gage;
RESOLUTION NO. 95-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
GPA 93-03, AMENDING THE GENERAL PLAN MAP FROM INDUSTRIAL PARK TO
GENERAL SERVICES COMMERCIAL, AND MAKING FINDINGS UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A STATEMENT
OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PROGRAM.
PASSED AND ADOPTED this 17th day of April, 1995 by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None;
ROGERS,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Noted proposal of Brown, Vence & Associates in the amount of
$59,730.00 for the Performance Audit Consultant selection as
recommended.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that the bid of Brown, Vence &
Associates be awarded as recommended in the amount of $59,730.00
for the Performance Audit consultant Selection as recommended.
Motion was made by councilwoman Rowlison seconded by Coun-
cilman Morales and carried tat the bid of Perma-Green Landscaping
in the amount of $114,856.00 be approved for the city Hall Land-
scaping project as recommended by the following Roll Call vote:
Ayes: councilmembers: Kloecker, Morales, Rogers, Rowlison, Valdez
and Gage; Noes: councilmembers: Gilroy.
councilman Valdez noted the 125th city Anniversary logo on
the city stationery.
A proposed ordinance adding chapter 19C to the Gilroy city
Code to provide for a storm & surface water Management enterprise
and utility revised copy as edited by the city Attorney was noted
and previously introduced April 3rd and published by title and
summary.
The city'S response to Fred o. Wood's letter to the Editor
of Gilroy Dispatch was noted.
The city Attorney noted a report re: statutory Authority for
the Establishment of a Storm and Surface Water Management utility.
Motion was made by councilman Kloecker seconded by council-
woman Rogers and carried that the Ordinance be adopted.
ORDINANCE NO. 95-8
ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY ADDING CHAPTER 19C
TO THE GILROY CITY CODE TO PROVIDE FOR A STORM AND SURFACe WATER
MANAGEMENT ENTERPRISE AND UTILITY.
PASSED AND ADOPTED this 17th day of April, 1995, by the following vote:
~~YES: COUNCILMEMBERS: KLOECKER, MORALES, ROGERS AND VALDEZ
NOES: COUNCILMEMBERS: GILROY, ROWLISON and GAGE
ABSENT: COUNCILMEMBERS: NONE
l:nat tne continued Hearing on appeal. 01: aen~a.L 01: cara ~Uum
Employee Registrations be further continued to May 22, 1995.
6646
Animal Con.
Mayor Pro-
tempore
Cable TV
The Ordinance amending Chapter 4 of the Gilroy city Code
relating to Animal Control was noted.
Motion was made by Councilman Kloecker seconded by
councilwoman Rogers and unanimously carried that the ordinance be
read by title and summary. The Clerk read the title of the
ordinance.
Motion was made by councilman Kloecker seconded by
Councilman Morales that the reading of the ordinance be waived and
that it be published by title and summary by the following Roli
Call Vote: Ayes: councilmembers: Kloecker, Morales, Rogers,
Rowlison, Valdez and Gage; Noes: councilmember: Gilroy.
Motion was made by Councilman Kloecker seconded by Council-
man Gilroy and carried that Councilwoman Rowlison be appointed
Mayor Protempore through December 1, 1995 as recommended.
Councilwoman Rogers noted united Way will be conducting a
Tug-O-War Event and that she volunteered Mayor Gage's
participation.
The Mayor asked if there was anyone in the audience wishing
to speak on any item not on the agenda.
Paula Gann, Discover Alternatives, 8120 Westwood Drive, and
Beverly Nelson, South county counseling, addressed the Council
noting County intends to not fund their program because of the
city's new community Youth Center services; that their services
are needed in addition to the city's Youth Center Program.
The Mayor agreed to contact supervisor Honda and suggested
that they contact the local churches to petition the County for
retaining their funding previously allocated.
Motion was made by Councilman Morales seconded by Council-
lman Gilroy and carried that the request of the california Cable
Television Association be approved for support on SB 623 re:
penalties for sale of illegal converter boxes.
The following informational items were noted with no
separate discussion on same:
Customer service:
city's computer policy Committee In Appreciation of computer
Trainees;
Police Chief In Appreciation of Premium Beverage for
Donation to Garlic city Billiards Teen Billiard Tournament;
city of Santa Clara In Appreciation of Parks & Recreation
staff for Assistance at the CPRS Conference;
Police chief's Inter-Office Memo commending Police officers
and public safety staff for Response to CalFarm Insurance Agency;
League of California cities Legislative Bulletins #12 & #13
- 1995;
Ms. Foundation for Women In Appreciation of proclamation;
American Heart Association In Appreciation of Mayor Gage's j
participation In Cardiac Arrest Event; a
Proclamations Issued by Mayor Gage:
Garlicfest Weekend; Where East Meets West -April 7-9, 1995;
The Day for Human Rights in vietnam - April 30, 1995;
Arbor Day - April 29, 1995;
plan.com.
4-6-95
A/S95-1
Pers.com.
Monopoly
Game
JPA News-
racks
6647
Hire A Veteran Week - May 7-13, 1995;
The week of the Young child - April 23-29, 1995;
Monthly Cash and Investments Report for Ending January 31,
1995 and February 28, 1995;
santa Clara county Traffic Authority 1994 Annual Report;
city's Response in opposition to AB 182 re: Shopping Cart
Retrieval and SB 282 re: Procedural Bill of Rights for public
safety officers;
Minutes of the Gilroy Visitors' Bureau Advisory committee
Meeting of March 9, 1995 and Recent Events;
city of Milpitas re: In the Matter of Telephone Company-
cable Television cross-ownership Rules sections 63.54 - 63.58, CC
Docket No. 87-266, Fourth Further Notice of proposed Rulemaking;
The Bridge counseling center, Inc. In Appreciation for
support of their Transitional Living Program for Youth through
CDBG Funding; and
Department of the Army Authorizing construction of a Low-
Flow Channel and Restoration of Riparian Habitat Along Uvas creek,
located in the Uvas creek park Preserve.
The Report of the Planning commission Meeting of April 6,
1995 was noted.
A recommendation on A/S 95-01 Architectural and site Design
Review for a PUD on an approximate 7.42 acre site zoned R1-PUD to
allow the construction and development of 56 "cottage" condominium
units (portion of Park commons, phases II and III), on property
located between church street and Wren Avenue, north of Las Animas
park, silicon valley Diversified, Inc., applicant was noted.
The Staff Report was noted and further explained by Planning
Director Dorn.
Motion was made by councilman Kloecker seconded by council-
man Valdez directing staff to prepare a resolution approving A/S
95-01 by the following Roll call Vote: Ayes: councilmembers:
Gilroy, Kloecker, Morales, Rogers, Rowlison, Valdez and Gage.
city Administrator Baksa noted an update on the Water
Conservation Program;
Motion was made by councilman Kloecker seconded by council-
woman Rogers and carried that the Personnel commission be
authorized to approve job descriptions and abolish eligibility
lists as recommended.
Discussion was had regarding Gilroy Monopoly Game Funding
further explained by city Administrator Baksa. Motion was made by
Councilman Kloecker seconded by councilwoman Rogers and carried
that $300.00 be authorized to advertise the 125th city'S Anniver-
sary on the Gilroy Monopoly Game Funding project of the Gilroy
chamber of Commerce. councilman Gilroy voted "no" on the motion.
The city Attorney noted information regarding an ordinance
adopted by the peninsula corridor Joint Powers Board regulating
newsracks, distribution of written materials, assemblies,
demonstrations and the like on corridor property. she noted that
the city would not support same.
councilman Kloecker wished the Mayor a Happy Birthday.
councilman Morales noted senior Citizens' Week - May 1st and
Fund Raiser to benefit Wheeler Manor.
6G48
Historical
society
Councilwoman Rogers, peninsula Division Representative gave
a report on the community services policy Committee recent meeting
and reported on state Funding for libraries; noted she would
provide information for a Proclamation fpr Child Abuse Prevention
Month; noted they requested cities review legislation and how it
will affect our children and begin information on school lunches,
etc. and reform to be submitted to legislators.
Councilwoman Rogers gave an update on the Gilroy Visitors'
Bureau noting that they have been actively supporting the City's
125th Anniversary Celebration and will have an Information Booth
at the Garlic Festival; lodging survey in place; and are
recruiting for a representative from the Arts to be a member of
the Visitors' Bureau.
Councilwoman Rogers noted she and Councilman Valdez
recommend that the City approve a $700.00 grant to the Historical
Society for a fund raiser to purchase 100 T-shirts with the city's
Anniversary Logo, noting they will be responsible for the sale of
same.
Motion was made by Councilman Morales seconded by Councilman
Valdez and carried that a $700.00 grant be authorized for the
Historical Society for their fund raiser project as recommended.
Councilman Kloecker reported he attended the Santa Clara
County cities Association meeting noting a presentation on the
state Constitution Revision Committee and that he would have
additional information for the next agenda packet.
Councilman Kloecker noted the Santa Clara County cities
Association luncheon April 18 for new councilmembers.
councilmembers Rogers and Morales noted they will attend.
Councilman Kloecker noted the ABAG General Assembly Meeting
April 21, 1995 and that he would be the Speaker at said meeting.
The Mayor noted the following: League of California cities,
peninsula Division, General Membership Meeting, April 27, 1995 _
6:00 p.m., Hyatt Regency San Francisco Airport. RSVP City Clerk by
April 24, 1995.
At 9:15 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
~~n~teinmetz, Ci~Y