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Minutes 1993/09/20 -;:-;7: The Mayor presented the Employee of the Month Award for August 1993 to Michelle Myers, Therapeutics Coordinator, Parks & Recreation. The Staff Report was noted and further explained by Senior Planner Myer. 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 General Plan Map from Park/Public Facility to Low Density Residential, on approximately 9.03 acres, located on Santa Teresa Boulevard, west of Longmeadow Drive, James and Anne Lenihan, applicants, GPA 93-01. Motion was made by Councilman Kloecker seconded by Councilwoman Rowlison and carried that the bid of MTH Engineers, Inc. be awarded in the amount of $16,090.00 for the electrical system design services at Christmas Hill Park as recommended. City Administrator Protempore Connelly presented a proposal for professional consultant to provide electrical system design services for electric/lighting system renovation at Christmas Hill Park recommending award of bid to MTH Engineers, Inc. in the amount of $16,090.00, further explained by Purchasing Agent Huth. At 7:51 p.m. the Mayor continued with the regular Agenda. At 7:05 p.m. the Finance Department, represented by Michael Fresques, Deputy Finance Director gave the Departmental Report. Denied Claims of Irma Keith, Carolyn M. Bolander and Victor and Emma Marquez as recommended. Minutes of the Regular Council Meeting September 7, 1993;and Motion was made by Councilwoman Kloecker, seconded by Coun- cilman Hale that the following items under the Consent Calendar be approved, by the following Roll Call Vote: Ayes: Councilmem- bers: Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage: Absent: Councilmember: Mike Gilroy: Present: Councilmembers: Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage; Absent: Councilmember: Mike Gilroy; The City Clerk noted that the Agenda had been posted on September 16, 1993 at 9:16 a.m. Pastor Kevin Wilson, Gilroy Bible Church gave the Invocation. The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting September 20, 1993 Gilroy, California ) :~b:5 * Pub. Hear. GPA 93-01 Bid-Xmas Hill Pk. Claims Minutes * Consent Calendar Roll Call Posting Agenda Invocation ~ ~ ;~b G Res.93-56 Pub. Hear. Z 93-07 The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. James Lenihan, 49 Shower Drive, #435, Mountain View, addressed the Council and noted that he had contacted the School District, previously requested by the city Council, and that negotiations had not been successful regarding a school site on his property and requested that Council approve his General Plan Amendment. The Mayor asked if there was anyone further in the audience wishing to speak on the proposal. There was no comment from anyone in the audience. The Mayor closed the Public Hearing Motion was made by Councilwoman Rowlison seconded by Councilwoman Nelson that the reading of Resolution No. 93-56 be waived and that it be adopted approving GPA 93-01. It was noted that the Negative Declaration was approved February 3, 1992 in conjunction with GPA 91-06. RESOLUTION NO. 93 - 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GPA 93-01, AMENDING THE GENERAL PLAN MAP FROM PARK/PUBLIC FACILITY TO LOW DENSITY RESIDENTIAL ON APPROXIMATELY 9.03 ACRES LOCATED ON SANTA TERESA BOULEVARD, EAST OF LONGMEADOW DRIVE, APN 790-05-039. (JAMES AND ANNE LENIHAN) PASSED AND ADOPTED this 20th day of September, 1993, by the following vote: AYES: COUNCILMEMBERS: HALE, NELSON, ROWLISON, VALDEZ and GAGE NOES: COUNCILMEMBER: KLOECKER ABSENT: COUNCILMEMBER: GILROY The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a Zoning Ordinance Text Amendment to amend Section 50.60 of the Zoning Ordinance relating to the Residential Development Ordinance and to amend the Rating Scale, City of Gilroy applicant, Z 93-07. The Staff Report was noted and further explained by Senior Planner Myer. Discussion was had by Council regarding the proposed amend- ments to Section 50.60. Council requested modification to the proposed ordinance under subsection (i) to add a sentence "If the Planning Director finds modification of a project not signifi- cant, he shall forward said findings to Council for their review. " At 8:59 p.m. the Mayor declared a recess to change the video tape.) At 9:05 p.m. the Mayor called the meeting to order and asked if there was anyone in the audience wishing to speak on the proposed Zoning Ordinance amendment. Karen Christopher, 1000 Mesa Road, addressed the Council noting that she was concerned with the text change that does not allow leapfrogging over developable vacant land as this would be the case in developing her property that is contiguous to the City Limits. It was noted that she could apply for a project under the RDO competition and that this would not prohibit her from applying but that she may not receive maximum points under the City Boundary category in the rating scale. The Mayor asked if there was anyone further 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 Council- woman Rowlison and unanimously carried to read the proposed Res.93-57 Pub.Hear. TM 93-01 Res.93-58 S.C. CO. Farm Bureau ':,. ..i "\ ,!( ordinance by title only approving Z 93-07 as modified. The City Clerk read the title of the proposed ordinance. Motion was made by Councilwoman Nelson seconded by Rowlison and carried that the proposed ordinance be introduced and published by title and summary as modified. Councilmembers: Kloecker and Valdez voted "no" on the motion. Motion was made by Councilman Hale seconded by Councilwoman Nelson that the reading of Resolution No. 93-57 be waived and that it be adopted approving the project Rating Scale as presented. RESOLUTION NO. 93 - 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE PROJECT RATING SCALE FOR IMPLEMENTATION OF THE RESIDENTIAL DEVELOPMENT ORDINANCE. PASSED AND ADOPTED this 20th day of September, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCI LMEMBER : HALE, NELSON, ROWLISON and GAGE KLOECKER and VALDEZ GILROY The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a Tentative Map request to subdivide parcels totalling 50 acres into a forty-seven (47) lot Residential Subdivision, plus a remainder lot, located at the southwest corner of Calle Del Rey and Longmeadow Dive, Theodore Schaal/John Filice, applicants, TM 93-01. The Staff Report was noted and further explained by Senior Planner Myer. 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 Councilwoman Nelson seconded by Council- man Hale and carried to approve the Negative Declaration for TM 93-01 as completed in compliance with CEQA, as reflecting the Independent Judgement of the City. Motion was made by Councilwoman Nelson seconded by Council- man Hale that the reading of Resolution No. 93-58 be waived and that it be adopted approving TM 93-01. RESOLUTION NO. 93 - 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONDITIONALLY APPROVING TM 93-01 TENTATIVE SUBDIVISION MAP FOR A FORTY-SEVEN LOT RESIDENTIAL SUBDIVISION ON APPROXIMATELY 50 ACRES LOCATED AT THE SOUTHWEST CORNER OF CALLE DEL REY AND LONGMEADOW DRIVE, APNS 783-20-027, -028, and -029, 783-40-005 AND -006. (THEODORE SCHAAL & JOHN FILICE) PASSED AND ADOPTED this 20th day of September, 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: HALE, KLOECKER, VALDEZ and GAGE None GILROY NELSON, ROWLISON, COUNCILMEMBERS: COUNCILMEMBER: A request of Santa Clara County Farm Bureau re: Agricul- tural Disclosure requesting a "Right to Farm" (Agricultural Disclosure) Ordinance was noted and continuance requested by the Santa Clara County Farm Bureau. The City Attorney noted she stated her concerns of the ordinance to the Executive Director of the Farm Bureau and that Council needs to hear their request and act accordingly. She noted the nuisance portion of the proposed ordinance is currently a part of the State Civil Code and that same could be addressed at the time the request is heard. 1,; t~ ;:') Plan. Com 9-2-93 Hillside Dev.Guide- lines SCRWA Pers.Com. 11-13-93 Council requested that the matter be re-agendized at the earliest date agreed upon by the Farm Bureau. The following information items were noted with no separate discussion on same: Customer Service: Police Department Commendation re: ACT Operation; Police Department Inter-Office Memorandum of Appreciation; Liman Avenue Residents In Appreciation of Code Enforcement Officer; Police Department Inter-Office Memorandum of Commendation. Police Department Inter-Office Memorandum re: Unit Citation for Gang-Related Shooting Investigation; The National Asian Peace Officers' Association Honoring Chief Sumisaki; Proclamations Issued by Mayor Gage: Chamber of Commerce 1993 Business of the Year; Chamber of Commerce 1993 Woman of the Year; Chamber of Commerce 1993 Man of the Year; Chamber of Commerce 1993 Firman B. Voorhies Volunteer of the Year; Jennifer Wilson, Retired City of Gilroy Volunteer, for Many Areas; and Breast Cancer Awareness Month - October 1993; Santa Clara Valley Water District Notice of Intention to Fill Vacancy - Supervisorial District fl. (Deadline for filing 9-20-93 - 5:00 p.m.); Santa Clara County Cities Association General Membership Meeting, September 30, 1993 - 6:30 p.m., RSVP City Clerk; Glen Loma Group re: Customer Shuttle System for Pacific West Outlet Center; State Controller re: 1991-92 Fiscal Year Single Audit Report; Rod's Trod '93 Walkathon, Rod Kelley School, September 18, 1993. 8:30 a.m. to 3:00 p.m. (Council Invitation); and Gilroy Employment Goal re: Wal Mart. The Report of the Planning Commission Meeting of September 2, 1993 was noted. Planner II Faus explained revisions to the Gilroy Hillside Development Guidelines. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried to approve the revisions to the City of Gilroy Hillside Development Guidelines as recommended. The Minutes of the South County Regional Wastewater Meeting of August 10, 1993 were noted. The Report of the Personnel Commission Meeting of November 13, 1993 was noted. Motion was made by Councilman Kloecker seconded by Council- man Valdez and carried to approve the recommendation to change sixteen (16) job descriptions as explained by City Administrator Protempore connelly. Councilwoman Nelson voted "no" on the motion. Motion was made by Councilman Kloecker seconded by Council- man Valdez and carried to change three (3) job titles to Senior Old City Hall Garbage Rate Increase Adjrnmt Equipment Mechanic; Equipment Mechanic; and Senior Engineering Technician as recommended. City Administrator Protempore Connelly noted there was no update on the Water Conservation Program. Senior Planner Myer presented options on use of Old City Hall Building. Discussion was had by Council on the matter. Council requested a staff Report of the alternatives avail- able prior to making a decision on the matter. Councilman Kloecker requested a written legal opinion as to the City's obligations regarding the prior lessee. Councilmembers Rowlison and Hale suggested the City has a moral obligation regarding the prior lessee and if this lessee is interested in continuing with a lease of the building. Councilwoman Nelson requested an update on the current available funds for the renovation project. City Administrator Protempore Connelly presented a recom- mendation to join with the City of Morgan Hill to hire Hilton, Farnkopf & Hobson, to perform Advisory Services to review the South Valley Disposal & Recycling, Inc. rate increase proposals further explained by Resource Management Coordinator Menacho and Councilman Kloecker. Council requested a Report on services to be provided by the consultant prior to action on the matter for review at the next regular Council Meeting of september 27, 1993. The Mayor noted the following meetings/events: Santa Clara County Cities Association General Membership Meeting, September 30, 1993 - 6:30 p.m., Monterey Whaling Company, Mountain View. RSVP City Clerk; Joint Gilroy, Morgan Hill, Hollister City Councils' Study Session, October 5, 1993 - 7:00 p.m., re: Discussion of 1992 Cable TV Act, Gilroy City Hall Council Chambers, 7351 Rosanna Street, Gilroy, CA 95020. To be televised; League of California Cities 1993 Annual Conference, October 17th to 19, 1993, Moscone Center, San Francisco; City Council Meeting of October 18, 1993 - Cancelled; Municipal Election Forum, October 26, 1993 - 7:00 p.m., Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, CA 95020. To be televised. Sponsored by AAUW; and Municipal Election Forum, October 28, 1993 - 7:00 p.m., Council Chambers, City Hall, 7351 Rosanna Street, Gilroy. To be televised. Sponsored by Gilroy Chamber of Commerce. Councilwoman Rowlison distributed a brochure on a Walkathon October 2, requesting Council support noting funds received would be for feeding the poor. Councilman Kloecker gave an update on the ABAG Meeting not- ing regional government bills would be carried over to next year. At 10:43 p.m. the Mayor Adjourned to a Closed Session re: Existing Litigation - DOUG NORTH, d/b/a VIDEO OUTLET v. CITY OF GILROY, a municipal corporation in accordance with Section 54956.9(a) of the Government Code. At 10:50 p.m. the Mayor reconvened the meeting and further adjourned. ResP7ctfully submitted, /()~~/;'yj1t::J- / City Clerk d--