Minutes 1995/06/19
6670
Invocation
posting
Roll Call
Emp.Award
Consent
Calendar
HMAC Amend.
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Regular Meeting
June 19, 1995
Gilroy, california
The Mayor led the Pledge of Allegiance to the Flag.
There was no Pastor present to give the Invocation.
The city Clerk noted that the Agenda had been posted on June
15, 1995 at 10:50 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 May
1995 to Noel Provost, police officer.
Motion was made by councilman Kloecker, seconded by council-
man valdez that the following items under the Consent 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;
Approved the First Amendment to the Memorandum of under-
standing between the county and city regarding the santa clara
Budget
Minutes
Res.95-47
Imprvmnts.
Imp.Agree.
PW projects
custodian
contract
Veh.Bids
Res.94-48
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county Hazardous Materials Advisory committee (HMAC)i
Approved Budget Amendments/Transfers as recommended;
Minutes of the Regular Council Meeting of June 15, 1995;
Adopted Resolution No. 95-47 establishing a two-way stop at
the intersection of Amanda and Ramona Way;
RESOLUTION NO. 95 - 47
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A
TWO-WAY STOP AT THE INTERSECTION OF AMANDA AND RAMONA WAY IN THE
CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE GILROY CITY CODE.
PASSED AND ADOPTED this 19th day of June, 1995, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None;
ROGERS,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Accepted improvements for James Price, parkside Townhomes,
8550 Wren Avenue, Tract 8540; Kaufman & Broad, Tract 8662, Hill-
crest III; and Albert Fortino, Crestwood Manor; as recommended;
and
Approved Property Improvement Agreements for Kaufman &
Broad, Inc., Tract No. 8663, The vineyards - phase I,) and LJW
Enterprises,Inc., Tract No. 8665, Heritage Place, as recommended.
city Administrator Baksa presented a recommendation to award
the contract to Krzich pipeline in the amount of $313,248 for the
Underground Water and Sewer Construction projects.
Motion was made by councilwoman Rowlison seconded by
Councilman Kloecker and carried that the contract of Krzich
Pipeline in the amount of $313,248 be awarded for the underground
Water and Sewer construction projects as recommended.
city Administrator Baksa presented a recommended to award
the bid of silicon Building Maintenance in the amount of $17,351
for the cleaning contract for city Hall and chestnut Fire station.
Motion was made by Councilman Kloecker seconded by council-
man Morales and carried that the bid of Silicon Building Mainten-
ance in the amount of $17,351 be awarded for the cleaning contract
for city Hall and chestnut Fire station as recommended.
city Administrator Baksa presented a recommendation to award
the bid of S & C Ford in the amount of $164,831 for police
vehicles, and Bob Lynch Ford in the amount of $22,140 for the
Administration unit.
Motion was made by Councilwoman Rogers seconded by council-
man Kloecker and carried that the bid of S & C Ford in the amount
of $164,831 be awarded for police vehicles, and of Bob Lynch Ford
in the amount of $22,140 for the Administration unit as
recommended.
city Administrator Baksa presented a resolution adopting the
schedule of fees pursuant to the Animal Control Ordinance
previously discussed.
Motion was made by councilman Kloecker seconded by
councilman Morales that the reading of Resolution No. 94-48 be
waived and that it be adopted approving the fee schedule to the
Animal control ordinance.
RESOLUTION NO. 95 - 48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING A
SCHEDULE OF FEES PURSUANT TO THE ANIMAL CONTROL ORDINANCE.
6672
PASSED AND ADOPTED this 19th day of June, 1995 by the following
vote:
AYES:
COUNCILMEMBERS: KLOECKER, MORALES, ROGERS, ROWLISON,
VALDEZ, and GAGE
COUNCILMEMBER: GILROY
COUNCILMEMBERS: None
NOES:
ABSENT:
PERS Contract city Administrator Baksa presented a recommendation to amend
the PERS Contract to provide Military Service Credit and Third-
Level 1959 survivor Benefits.
Res.95-49. Motion was made by Councilman Kloecker seconded by Council-
man Gilroy that the reading of Resolution No. 95-49 of Intention
to Amend the PERS Contract be waived and that it be adopted, as
recommended.
RESOLUTION NO. 95 - 49
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF GILROY.
PASSED AND ADOPTED this 19th day of June, 1995, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Motion was made by Councilman Kloecker seconded by council-
woman Rogers and unanimously ordered the ordinance be read by
title only and waived further reading of the Ordinance. The Clerk
read the title of the ordinance.
Motion was made by Councilman Kloecker seconded by council-
woman Rogers and carried that the ordinance be introduced and
published by title and summary.
Agreement
(PERS)
Motion was made by councilman Kloecker seconded by Council-
man Valdez and carried that the Agreement to Pool the 1959 Sur-
vivor Benefit Assets and Liabilities be approved as recommended.
So.Co.
Housing
A request of South County Housing for a $250,000 zero per
cent interest loan for two years was noted and further explained
by city Adminisstrator Baksa and Housing Grant Coordinator Rojas.
Motion was made by councilman Kloecker seconded by council-
man Valdez and carried that a $250,000 zero per cent interest loan
for two years be approved as recommended for South county Housing.
Discussion was had regarding the recommendation of the
Citizens' Advisory Committee to establish the commercial Rehabili-
tation Loan Program. Motion was made by Councilman Kloecker
seconded by Councilman Valdez and carried that the recommendation
be denied.
Motion was made by councilman Kloecker seconded by council-
man Gilroy and carried that council be advised of the current
housing program and a recommendation on a long-term commercial
fund loan program and how to utilize same.
Discussion was had regarding HUD Funding available in the
Bay Area and allocated to other cities in the county.
parking
Time Limit
A request of La Costera Grocery & Liquors for reduced time
limit parking in front of said business was noted and further
explained by Director of Public Works Allen.
Motion was made by Councilman Gilroy seconded by councilman
Morales and carried that the Staff recommendation be approved to
deny the requested time limit parking in front of La Costera
Grocery & Liquors.
Garlic
Pressers
Welfare
Reform
Jury Reform
So.Co.Jt.
Plan.com.
LAFCO Appl.
6673
The owner of La costera Grocery & Liquors addressed the
council and explained the need for limited parking in front of his
place of business. He was advised to contact the city
Administrator for other solutions to his parking problem.
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Mr. Matthew Drummond addressed the council requesting
permission to speak in regard to the gun control issue when
discussed by council.
At 8:35 p.m. the Mayor declared a Recess and reconvened the
meeting at 8:45 p.m.
A request of the Gilroy Garlic Pressers, Inc. for are-match
of the Wheeler Chair Basketball Game was noted. council set a
tentative date of August 26, 1995 for said re-match.
Motion was made by councilwoman Rogers seconded by council-
man Kloecker and carried that the city take no position on the
request of the Santa Clara county Board of supervisors for oppo-
sition to the Personal Responsibility Act re: Welfare Reform.
Motion was made by Councilman Gilroy seconded by councilman
Valdez and carried that the city take no position on the request
of Senator Charles M. Caledron to support a constitutional
Amendment re: Jury Reform.
Noted an application of John Kilcoyne as Gilroy's represent-
ative to the south County Joint Planning Committee. council set
June 30, 1995 as the deadline for the City to receive additional
applications for said appointment.
Noted an application of Bill Christopher for the vacant
LAFCO position. The Mayor noted that he would not participate in
the voting of this issue due to a possible conflict of interest.
Motion was made by councilman Kloecker seconded by council-
man Morales and carried by the following Roll Call Vote that the
council supports the nomination of Bill Christopher for the vacant
LAFCO position: Ayes: Councilmembers: Gilroy, Kloecker, Morales
and valdez; Noes: councilmembers: Rogers and Rowlison; Absent:
councilmember: Gage.
The following informational items were noted with no
separate discussion on same:
customer Service:
William R. Richardson, AIA, in appreciation of City's
Administration services;
Emergency Medical Services Agency - Public Health Department
in appreciation of Fire Chief and staff's participation;
utility customer in appreciation of Water Division staff;
Howard Tire Inc. in appreciation of Police officer Morrow's
exemplary actions;
First Alarm security & patrol, Inc. in appreciation of
officer Kim Merrill and community service officer Pam Latronica
for assistance;
city response to citizen'S compliments on proposed
Reorganization;
Gilroy Men's club in appreciation of city'S Parks staff for
outstanding condition of Golf course;
Director of Parks & Recreation Inter-office Memo to police
Department for response at recent Summer Concert series;
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Plan.com.
6-1-95
Police chief's Inter-office Memo congratulating officers
Gallo and callahan for completion of the Long Rifle/Marksmanship
Course;
Police chief and Mt. Madonna High School in appreciation of
officer Castaneda's efforts;
Proclamation issued by Mayor Gage: Festa Della Repubblica
Italiana - June 2, 1995;
united states Holocaust Memorial Council in appreciation of
Mayor's Proclamation re: 1995 Days of Remembrance;
League of California cities Legislation Bulletins #21 and
#22- 1995;
Legislative Summary update, June 14, 1995;
Monthly Cash & Investments Report - April 30, 1995;
Greater Santa Clara Valley chapter of the American society
for Public Administration selection of Jay Baksa as the recipient
of the Honorable Mention: Administration Award for 1995; council-
woman Rogers congratulated him;
Indochinese Resettlement & cultural center, Inc. in
appreciation of Mayor's Proclamation re: The Day for Human Rights
in Vietnam;
city'S Response to Legislative Bills;
city'S Reply to B & B Heating & Sheet Metal re: Honeywell
Energy Rebate and Building Maintenance Program;
correspondence re: Garlic country USA:
May Hennesoy;
Police Department Employee of the Month of May 1995, sgt.
Daniel crumrine;
california constitution Revision commission, June 1995;
county of santa clara Domestic Violence council seeking city
participation in Conference october 20-21 re: Domestic violence;
and
Santa clara county Health Department Summary of Activities
and services provided the city by the Vector control District.
Noted the Report of the Planning commission Meeting of
June 1, 1995.
Noted a recommendation on a request of Albert Fortino to
modify prior 1992 RDO allocation.
Noted the staff Report further explained by Planning
Director Dorn.
Noted the recommendation of the commission that a 1995 RDO
competition be conducted to reallocate 14 units of RD 92-02 for
rental units only.
Heard from Gene Wells, representing the applicant and
requesting a modification of the RDO requirements which he further
explained noting that if a separate competition for the 14 units
is not feasible that the city allow 6 homes now and 12 within the
next three years at the Mesa Ranch site.
Heard from Mike Kennedy, noting that Al Fortino uses local
sub-contractors on his projects.
Housing
Element
6675
Motion was made by councilwoman Rogers seconded by council-
man Valdez and unanimously carried that the request to reduce the
original RD 92-02 by 14 units be approved as recommended.
Motion was made by councilman Kloecker seconded by council-
man Valdez that the request to allow 6 units at the Mesa Ranch
site and 12 over the next three years be denied as it is incon-
sistent with the Residential Development Ordinance by the follow-
ing Roll Call Vote: Ayes: Councilmembers: Gilroy, Kloecker,
Morales, Valdez and Gage; Noes: councilmembers: Rogers and
Rowlison.
The recommendation on A/S 95-13 Design Review for a PUD on
an approximate acre site zoned R4-PUD (High Density Residential-
planned unit Development to allow the construction of 5 two-story
duplexes on property located along the south side of Welburn
Avenue, at the southeast corner of Kern Avenue, Albert Fortino,
Applicant, was noted.
The staff Report was noted and further explained by Planning
Director Dorn.
Motion was made by councilwoman Rowlison seconded by
councilman Valdez and carried that staff be directed to prepare a
resolution aproving A/S 95-13 with the additional condition to
eliminate one of the windows on the second story as discussed.
The Minutes of the Housing Element Implementation Task Force
Meeting of June 7, 1995 were noted.
city Administrator Baksa gave an update on Water
Conservation Program.
city Administrator Baksa noted the Report on Urban service
Costs comparison.
city Administrator Baksa noted the Report on funding for
railroad crossing improvements as informational.
city Administrator Baksa noted that the city will receive
the Good Egg Award at the chamber Breakfast for the old city Hall
Renovation project to be received by the city Administrator and
Planning Director.
city Administrator Baksa distributed the Annual Report of
the Santa Clara valley Water District.
city Administrator Baksa noted a request to join Amicus on
the Northwest Environmental Advocate v city of Portland as
informational.
city Administrator Baksa distributed updated notes from the
city council Retreat.
A League of California cities Report "confronting the
American Tragedy: The Need to Better Regulate Firearms" was noted.
council noted the National Review, March 6, 1995 Article
"shot Down."
......
The Memo from councilwoman Rogers requesting that the city
support the Police Chief Association was noted.
Motion was made by councilman Gilroy seconded by councilman
Kloecker by the following Roll Call Vote to take no action on the
Gun control Issue: Ayes: Councilmembers: Gilroy, Kloecker, Mor-
ales, Valdez and Gage; Noes: councilmembers: Rogers and Rowlison.
councilwoman Rogers requested that the Dispatch print the
nine elements of the police chiefs' Association proposal.
councilman Morales noted that Business and organization
sponsors are needed for the 125th Anniversary Banners for sale at
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Adjrnmt.
$100. each. councilman Valdez noted that the Sponsors will be
advertised on channel 34 and in the Dispatch.
councilwoman Rogers noted the Library & culture commission
have nominated Leah Halper as the Library & culture commission
Representative on the county Library Joint Powers Advisory
committee and requested the matter be agendized for council
appointment.
councilwoman Rogers further reported that the Library Hours
have increased as a result of the Library Tax passed.
councilman Gilroy thanked the Volunteers and citizens
participating in the recent Antique street Faire.
At 10:05 p.m. the Mayor Adjourned the meeting to a Closed
session:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(subdivision a of california Government code section 54956.9)
Name of Case: Gaeta v. Gilroy
Following the closed Session the Mayor reconvened the
meeting and further adjourned.
Respectfully submitted,
~~?~ .
Susanne E. steinmetz, city