Minutes 1997/07/07
7012
Invocation
Posting
Agenda
Roll Call
New Emp.
Regular Meeting
July 7, 1997
Gilroy, California
Mayor Protempore Gilroy led the Pledge of Allegiance to the Flag.
Pastor Robert Langley, First Baptist Church, gave the Invocation.
The Interim City Clerk noted that the Agenda had been posted on July 3,
1997 at 11 :02 a.m.
Present: Councilmembers: Charles S. Morales, Connie Rogers, Suellen C.
Rowlison, Thomas W. Springer, Pete Valdez, Jr., and K. A. Mike Gilroy; 7:03
p.m.
Mayor Protempore Gilroy introduced new employees Phaedra Hendrix, Clerk
Typist I - Finance and Gary S. Muraoka, Community Service Officer - Police
Department.
Vol. Year
Consent
Calendar
Minutes
Minutes
Minutes
Write-Off
Utility Accts.
Household
Haz. Waste
Claims
7013
Sandra Sammut introduced Al Gagliardi, Volunteer of the Year for 1997.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried that the following items under the Consent Calendar be
approved by the following Roll Call Vote: Ayes: Councilmembers: Charles S.
Morales, Connie Rogers, Suellen C. Rowlison, Thomas W. Springer, Pete Valdez,
Jr and K. A. Mike Gilroy:
Minutes of the Special Council Meeting of June 16, 1997;
Minutes of the Regular Council Meeting of June 16, 1997;
Minutes of the Regular Council Meeting of June 23, 1997;
Write-Off of Uncollectible Utility Accounts;
1997 -98 Agency Agreement for Countywide Household Hazardous Waste
Collection Program;
Denied claims of Rebecca Schanding, Ben Griffin, Frederick Fitzgerald,
Mary Galvan, Mary Perry, Mariela N. (a minor), and Alexander Gonzalez;
and
Accept Park & Accepted Improvements for Project No. 96-CDD-437, Various Park &
Landscape Landscape Improvements, Valley Crest Landscape, Inc. (Copies)
Improvements
P&RCom.
many
Report
Bid-FD
Com. Sys.
Bid-Well 5-02
bid
Drilling
Bid-ADA
Improvements
Sherri Stuart, Chairperson, P & R Commission, commented that she saw
of the Councilmembers at the two new park openings last week. She reviewed the
summer recreation programs, noting the adult programs registrations are way up, and
noted the increases in many programs. She reviewed facility needs for various
programs and groups. She stated that there will be a contest to name the two new
parks. She explained that the City has hired a consultant for master planning the
parks.
Acting City Administrator Dorn presented recommendations to award the bid
of Peninsula Communications in the amount of$18,642.65 for the Fire
Department Communication System (RFP-FD-230).
Councilman Springer questioned what the budgeted amount was, and Mr.
Dorn stated that he did not have that figure.
Motion was made by Councilwoman Rogers, seconded by Councilman
Valdez and carried to award the bid to Peninsula Communications for $18,642.65
for the Fire Department Communication System (RFP-FD-230).
Acting City Administrator Dorn presented recommendations to award the
of Maggi ora Bros. Drilling in the amount of$362,885 for the Well 5-02 Drilling,
Project #97-CDD-474.
Councilman Springer questioned whether this will include testing of the well,
and was told that it would.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Morales and carried to award the bid to Maggiora Bros. Drilling for $362,885 for
the Well 5-02 Drilling, Project #97-CDD-474.
Acting City Administrator Dorn presented recommendations to award the bid
ofG. B. Group in the amount of$148,756 for ADA Improvements, Project
#96-CDD-470.
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Councilwoman Rogers noted that the bid was sent to numerous vendors, but only
one bid was received.
Motion was made by Councilwoman Rogers, seconded by Councilwoman
Rowlison and carried to award the bid to G. B Group for $148,756 for ADA
Improvements, Project #96-CDD-470.
Bid-Computers Councilman Springer excused himself from discussion or vote on this item.
& Printers
Acting City Administrator Dorn presented recommendations to award the bid
of En Pointe Technologies in the amount of $6,262.92 for fifteen (15) printers
(97-IT-469) (the computers to be recommended at a future time).
Councilwoman Rogers questioned whether Council should wait to see what
computers are chosen to see if the printer is compatible, and was told that was not
necessary.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Valdez and carried (Councilman Springer absent) to award the bid to En Pointe
Technologies for $6,262.92 for fifteen (15) printers (97-IT-469).
Bid-Hydrological Acting City Administrator Dorn presented recommendations to award the bid
Assess.-Uvas of Balance Hydrologics, Inc. in the amount of$120.00/hr. for Principal in Charge
Creek Park and $80.00/hr. for Project Manager for Hydrological Assessment for Uvas Creek
Preserve Park Preserve (RFP-CDD-231).
Councilwoman Rowlison questioned whether there is a cap on the expenses,
and was told that staff does not anticipate substantial expense, if they need to use
the firm at all.
Motion was made by Councilwoman Rowlison, seconded by Councilman
Valdez and carried to award the bid to Balance Hydrologics, Inc. for $120.00/hr.
for Principal in Charge and $80.00/hr. for Project Manager for Hydrological
Assessment for Uvas Creek Park Preserve (RFP-CDD-231).
Bid-Custodial Acting City Administrator Dorn presented recommendations to award the bid
Services of Cleaning Services in the amount of$57,31O for Year 1 and $62,520 for Year 2
for Custodial Services (97-ASD-473).
Motion was made by Councilman Morales, seconded by Councilwoman
Rogers and carried to award the bid to Cleaning Services for $57,310 for Year 1
and $62,520 for Year 2 for Custodial Services (97-ASD-473).
Pub. Hear.
M 97-04
Mayor Protempore Gilroy stated it was the time and place scheduled to
Consider Certification of the Final Environmental Impact Report Prepared for the
Proposed City of Gilroy 18-Hole Municipal Golf Course Project, on Property
Located East of Burchell Road, North of Hecker Pass Highway, M 97-04, City of
Gilroy.
The Staff Report was noted and further explained by Planner II Durkin.
City Attorney Callon stated the project is not before the Council, but rather
the EIR as an informational document.
Laura Worthington-Forbes gave a brief overview of the concerns of the
Planning Commission.
Bob Matson, traffic engineer, made two clarifications based on the Planning
Commission concerns, noting that no new impacts would be added with 9
additional holes since this project would result in a LOS (Level of Service) C and
that no mitigation would be required. He answered various questions from
Councilmembers.
Mayor Protempore Gilroy stated that he does not believe that the current goll 0 1 :>
course traffic uses Burchell Road and therefore there would be traffic impacts.
Community Development Director Allen stated that the two warrants looked
at for this project were interruption and total volume.
Mayor Protempore Gilroy asked if there was anyone in the audience wishing
to speak for or against the proposal.
John Kent spoke in favor of the request.
Autumn Arias, LAFCO, noted a letter regarding changes that LAFCO would
like to see before it comes to LAFCO specifically regarding prime agricultural
land, premature conversion of agricultural land and open space, and the issue of
the South County Agricultural Preserve Study, which the consultants have since
agreed to remove from discussion in the EIR.
Louise Conrow, Burchell Road, read a petition of over 100 signatures of
persons who believe the EIR is flawed.
Owen Byrd, Mitchell & Marks, representing a Burchell Road owner, asked
that the EIR not be certified due to concerns and the EIR being flawed.
Mayor Protempore Gilroy called for a break at 8:50 p.m. and recalled the
meeting to order at 8:59 p.m.
Joe Galletto reviewed that AD.T. calculations, noting that the calculations are
flawed. He stated there is not enough data contained in the document on which to
make a decision. He stated that the safety and noise issues are not mitigated.
Tom Bums, 1330 Cedar Court, stated that the EIR is developed to bring up
problems, and find ways to mitigate the problems.
Tom Fouts, 8485 Burchell, discussed information that is not provided which is
needed to be able to make an informed decision on the EIR.
Kent Miller stated that he has seen a reduction in recreational activities and
the golf course is a needed project. He stated that he is in favor of the project and
increasing recreational activities.
Chris Cali, Poppy Lane, noted that the safety issues are not addressed.
Hermann Schmalzried, 9430 Burchell Road, stated that there is an enormous
traffic problem.
Bob Crane, Burchell Road, stated his concerns with the increased traffic on
Burchell Road and the concern with getting medical personnel in quickly if there
is a need.
Sean Rositacco, 9575 Burchell Road, stated his concerns with the traffic on
Burchell Road and the residential sprawl.
Mayor Protempore Gilroy asked if there was anyone else wishing to speak on
this request. There was no further comment from anyone in the audience. Mayor
Protempore Gilroy closed the Public Hearing.
Laura Forbes stated that staffwill be working with LAFCO on their concerns.
She noted that if the sound mitigation is not cost effective, it can be considered as
an unavoidable impact, and would need to be noted as such. In answer to a
question, she reviewed that approximately 71%,30 acres, of the area would be
retained in open space.
Bob Matson reviewed the traffic concerns, trip generation, and traffic safety
concerns.
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Community Development Director Allen explained that if the property is
annexed, the City would also annex all of Burchell Road adjacent to this project.
He stated concerns with recreational activities along this roadway. He noted that
there would be no improvements to this roadway, except areas adjacent to the
entrance to the golf course.
Community Services Director Connelly stated that all the plans are conceptual
except for those areas designated for the residential areas.
In answer to a question, Autumn Arias stated that the fact that the residential
out parcels could not be built out by the year 2003 would have to be noted in the
EIR.
Councilman Springer stated that the wording for buildout should be stricken
from the EIR.
Laura Forbes explained that if the units are not built by 2003, additional
environmental documentation may be required.
Councilman Springer stated the EIR does need some additional work, but may
be considered adequate.
Councilwoman Rogers stated that for the most part, there is enough
information in the EIR.
Motion was made by Councilwoman Rogers, seconded by Councilwoman
Rowlison and carried to continue certification of the EIR to July 28, 1997 and
direct staff to research alternatives to limit the number of residential units and
address concerns with traffic, and work with the consultant to respond to LAFCO
concerns.
Councilman Springer asked for clarification that there will not be 138
residential units. He also stated that the entrance should not be on Burchell Road.
Mayor Protempore Gilroy stated his concerns regarding the number of
residential units, the traffic calculation, and the safety issue.
Councilman Morales agreed that traffic is a major concern.
Laura Forbes stated that alternative 2 is not a part of the current document.
Councilman Springer stated that he would like parcels 3 & 4 designated as Rl
PUD.
Mayor Protempore Gilroy called for a break at 11: 15 p.m. and recalled the
meeting to order at 11 :20 p.m.
Maint. Dist. # 1 Mayor Protempore Gilroy stated that it was the time and place scheduled
for a Public Hearing to Levy Annual Assessments for Maintenance District No.1
(Tract No. 8136-Gilroy Country Club Estates, Tract No. 8631-The Forest, and
Tract No. 8711-Carriage Hills), Fiscal Year 1997/1998.
City Administrator Baksa stated that this is the assessment district up on the
hill.
Mayor Protempore Gilroy asked if there was anyone in the audience wishing
to speak for or against the proposal.
There being no comment from anyone in the audience, Mayor Protempore
Gilroy closed the Public Hearing.
City Attorney Callon noted a letter of opposition in the packet.
7017
Res. 97-41 Motion was made by Councilwoman Rogers, seconded by Councilman
Valdez and carried that the reading of Resolution No. 97-41 be waived and that it
be adopted giving final approval to the annual budget and Engineer's Report,
overruling protests and ordering the levy and collection of benefit assessments for
the Fiscal Year 1997/1998 for Maintenance District No. One.
RESOLUTION NO. 97-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
REGARDING MAINTENANCE DISTRICT NO. ONE, CITY OF GILROY,
GIVING FINAL APPROVAL TO THE ANNUAL BUDGET AND
ENGINEER'S REPORT, OVERRULING PROTESTS AND ORDERING THE
LEVY AND COLLECTION OF BENEFIT ASSESSMENTS FOR THE FISCAL
YEAR 1997/1998.
PASSED AND ADOPTED this 7th day of July, 1997, by the following vote:
AYES: COUNCILMEMBERS: MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, and GILROY
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Equal Empl.Opp. The Staff Report was noted and further explained by City Administrator
Baksa
Policy Stint. Regarding an Equal Employment Opportunity Policy Statement.
City Attorney Callon noted some minor changes to the resolution.
Res. 97-42 Motion was made by Councilwoman Rogers, seconded by Councilman
Valdez and carried that the reading of Resolution No. 97-42 be waived and that it
be adopted approving an Equal Employment Opportunity Policy Statement.
RESOLUTION NO. 97-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING AN EQUAL EMPLOYMENT OPPORTUNITY POLICY
STATEMENT.
PASSED AND ADOPTED this 7th day of July, 1997, by the following vote:
AYES: COUNCILMEMBERS: MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, and GILROY
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Vol. Exp.
Ceiling
City Attorney Callon explained that if no action is taken regarding
establishing
a voluntary expenditure ceiling, the contribution limit by State law is $100 per
contributor with no expense limits.
Council discussed possible expenditure ceiling limits.
Res. 97-43 Motion was made by Councilwoman Rogers, seconded by Councilman
Valdez, and carried that the reading of Resolution No. 97-43 be waived and that it
be adopted establishing a voluntary expenditure ceiling not to exceed $.35 per
resident, and limit contributions by single individual to $250.
RESOLUTION NO. 97-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ESTABLISHING VOLUNTARY EXPENDITURE CEILINGS FOR
CANDIDATES AND CONTROLLED COMMITTEES IN MUNICIPAL
ELECTIONS.
PASSED AND ADOPTED this 7th day of July, 1997, by the following vote:
AYES: COUNCILMEMBERS: MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, and GILROY
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
70i 8
Mayor Protempore Gilroy asked if there was anyone in the audience wishing
to speak on any matter not on the agenda. There was no comment from anyone in
the audience.
Megan's Law Mark Zappa discussed and requested that the issue of the City of Gilroy's
Participation in the Implementation of the CD ROM Portion of Megan's Law be
agendized for discussion.
Bob Dillon, Victoria Drive, stated his concerns regarding the attitude of Chief
Sumisaki and the implementation of Megan's Law. He requested Council
mandate the installation of Megan's Law, and if there is a problem regarding
money, it will be taken care of
Motion was made by Councilman Springer, seconded by Councilman Morales
and carried to agendize for July 21, 1997 discussion of the implementation of the
CD-ROM portion of Megan's Law.
The following informational items were noted with no separate discussion on
same:
Customer Service:
Letter of appreciation from ESO to Annabel Yurutucu for assistance in
establishing the Tool Lending Library in Gilroy;
Letter of appreciation from Bill Lindsteadt to Rachel Munoz for her
dedication and hard work on the Spring Clean Up Day, May 31 st;
Letter of thanks from Elizabeth Ugalde to Beatriz Perez for her participation
on an Oral Board to select a Clerk Typist I for the City of Gilroy;
Letter of thanks from the Community Services Department Staff to Jay Baksa
for taking part in the Summer In-Service Training;
Letter of appreciation from John Porter to Sgt. John Sheedy and Fire Engineer
Andy Holiday for their assistance;
Letter of thanks from the Community Services Department Staff to Kathy
Sakahara for the professional manner in processing the Part-Time Summer Staff;
Letter of appreciation from Laura A Phillips to Communications Supervisor
Steve Ynzunza for his assistance with the Dispatcher's Appreciation Banquet;
Letter of appreciation from Escono Asuncion to Randy Newell for his
cooperation during the jail painting project;
Letter of thanks from John H. Sutcliffe, Santa Clara Valley Water District, to
Fire Captain Dave Bozzo for his participation in the FERC Functional Exercise;
Letter of appreciation from the City of Milpitas to Gayle Glines for her
assistance as a member of the Qualifications Appraisal Board for Public Services
Supervisor;
Gilroy Visitors Bureau Financial Statements - May, 1997;
Letter from Cal/EP A notifYing the City of Gilroy of certification by the
Secretary for Environmental Protection as a CUP A (Certified Unified Program
Agency;
Letter of appreciation to the Honorable Leslie C. Nichols for addressing the
City Council on matters related to the work of the Superior Court and the
Administration of Justice in Santa Clara County;
Letter of thanks to John H. Bremond, President, Kaufinan and Broad, for the
generous offer of a contribution to the Thomas Road Sports Complex;
Plan. Com.
6-19-97
7019
Letter from Sylvia Rhinehard (and response from Staff) regarding new site for
Westside Transportation Inc. trucking operation;
League of California Cities Legislative Bulletin #23-1997, dated June 20,
1997;
South County Regional Wastewater Authority ongoing Engineering activities,
June 24, 1997 JPA meeting;
Letter from Congresswoman Zoe Lofgren regarding pornography on the
Internet, including a copy of her Bill H.R. 774 on this subject;
Letter from Jack Kazanjian regarding elimination of garbage pick-up in
alleys;
League of California Cities Legislative Bulletin #24-1997 dated June 27,
1997;
Community Development Department - Planning Division Monthly Report of
Long-Range Applications and Status ofRDO Allocation & Activity; and
Drought Alert Calculations, summary of monthly water production.
The report of the Special Planning Commission Meeting of June 19, 1997 was
noted.
City Administrator Baksa distributed information from the workshop in
preparation for the retreat with the Gilroy Unified School District Board.
City Administrator Baksa distributed information on transient mobile vendors.
City Administrator Baksa distributed a letter to the editor regarding two
charter amendments.
City Administrator Baksa reminded Council of the interviews scheduled on
July 12, 1997 for the City Clerk position. He noted that Council will meet at 8:30
to go over the questions to be asked. He suggested a couple of Councilmembers
could get together to put some questions together. Council agreed to get their
questions to the City Administrator as soon as possible.
Mayor Protempore Gilroy noted the reception for the new superintendent of
schools on July 11, 1997 from 4:00 p.m. to 7:00 p.m. at the Harvest Time
Restaurant.
Councilman Springer noted a letter from the Governor's office regarding the
library Internet issue and the he agrees with us.
Councilwoman Rogers commented on the nice celebration for Caltrain last
Thursday.
Councilman Valdez noted the core committee who assisted in the Fifth
anniversary celebration. He stated that the City of Gilroy may have an edge on
having the maintenance facility here, since San Jose does not want it at Curtner
and Monterey.
Mayor Protempore Gilroy noted the following meetings:
Special Meeting-Closed Session of the Gilroy City Council on Saturday, July
12, 1997 at 8:30 a.m. in the Council Chambers, City Hall, 7351 Rosanna Street,
Gilroy, California Pursuant to California Gov't. Code Section 54956 Regarding
Public Employee Appointment - City Clerk.
1
7 Q"'ln
L '.J
Adjrnmt.
Closed
Session
"..,~:;"'''''.''',",,''''''~.'''''C:''::__ '~"~.....' '0'
Joint Study Session of the Gilroy City Council and Planning Commission on
Monday, July 14, 1997 at 7:00 p.m. in the Council Chambers, City Hall, 7351
Rosanna Street, Gilroy, California regarding the City's Affordable Housing Policy
and Discussion of the "Infill" Exemption for the Residential Development
Ordinance.
Joint Retreat of the Gilroy City Council and the Gilroy Unified School Board
Members on Saturday, July 19, 1997 from 9:00 a.m. to 1:00 p.m. in the Gilroy
Unified School District Board Room, 7810 Arroyo Circle, Gilroy, California
regarding items of mutual interest.
At 12:20 a.m., Mayor Protempore Gilroy adjourned the meeting to a Closed
Session Pursuant to Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR.
Property:
Santa Clara County Assessor's Parcel Numbers
841-06-025
Negotiating Parties:
John Ford, P. G. & E.
Matter Under Negotiation:
Direction from Council regarding possible
purchase price and terms of payment.
Mayor Protempore Gilroy reconvened the meeting and announced that
Council had just held a Closed Session regarding Conference with Real Property
Negotiator, pursuant to Gov't. Code Section 54956.8, and that no action had been
taken and further adjourned the meeting.
Respectfully submitted,
~~
-
RHONDA PELLIN
Interim City Clerk