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Minutes 1994/03/21 ~"q'O ,,~ \ ,)v Invocation posting Agenda Roll Call Emp.Award Cert.Serv. Proc. Consent calendar Minutes ord.94-3 re: Misdemeanors Regular Meeting March 21, 1994 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 March 17, 1994 at 8:32 a.m. present: councilmembers: K. A. Mike Gilroy, paul V. Kloecker, charles S. Morales, Pete valdez, Jr. and Donald F. Gage; Absent: councilmembers: connie Rogers and suellen c. Rowlison. 7:00 p.m. councilmembers: Rogers and Rowlison arrived at 7:01 p.m. and took their seats at the council table. The Mayor presented the Employee Award of the Month of February 1994 to Rod pavao, Assistant Fire chief. The Mayor presented a certificate of service to Jeff S. watterson, retired Parks & Recreation commissioner. The Mayor presented a Proclamation Declaring April 1994 as "city of Gilroy Tobacco Free Families" Month to Gilroy Youth Leaders representing the Bridge counseling who thanked the city for its support. Motion was made by councilman Kloecker, seconded by councilman Morales 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: Minutes of the Regular council Meeting of February 22, 1994; Minutes of the Regular council Meeting of February 28, 1994; Adopted Ordinance No. 94-3 amending sections 1.7, 10.4, 10.5, 16.13-1, 16.28, 16.29, 16.30, 16A.1, 18.2, 18.3, 18.5 and 18.6 of the Gilroy city code to designate certain violations of the code as misdemeanors; ORDINANCE NO. 94 - 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTIONS 10.4,10.5,16.13-1,16.28,16.29,16.30, 16A.1, 18.2, 18.3, 18.5 AND 18.6 OF THE GILROY CITY CODE TO DESIGNATE CERTAIN VIOLATIONS OF THE GILROY CITY CODE AS MISDEMEANORS. claims 94-99 CIB Budget Fin.Rep. Minutes Adjrnmt. Roll call Res.94-1 Roll Call Res.94-22 PASSED AND ADOPTED this 21st day of March, 1994, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None; ROGERS, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Denied claims of De La Cruz and Driscoll, et al as recommended; Approved the 1994-99 capital Improvement Budget as amended; Approved Budget Transfers/Amendments as recommended; Approved Monthly cash & Investments Report, January 31, 1994 as submitted; and Approved the Minutes of the Regular council Meeting of March 7, 1994. The Mayor adjourned to conduct proceedings under the Development Authorities of the city of Gilroy. present: Boardmembers of the community Development Agency: K. A. Mike Gilroy, Paul v. Kloecker, charles S. Morales, connie Rogers, suellen C. Rowlison, Pete valdez, Jr., and Donald F. Gage. Mark Pressman of Pressman & Associates and Philip D. Assaf, Bond Attorney - sturgis, Ness, Brunsell & Sperry addressed the council and gave an over-view of the project (consolidated Refunding District No. 1994-1). Motion was made by Boardmember Kloecker seconded by Boardmember Valdez that the reading of Resolution No. 94-1 be waived and that it be adopted Approving Joint Exercise of Powers Agreement. RESOLUTION NO. 94 - 1 RESOLUTION APPROVING JOINT EXERCISE OF POWERS AGREEMENT. PASSED AND ADOPTED this 21st day of March, 1994 by the following vote: AYES: BOARDMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE BOARDMEMBERS: None BOARDMEMBERS: None NOES: ABSENT: The Chairman adjourned the meeting of the community Development Agency. The Mayor reconvened the Meeting of the city council. Roll call. Present: councilmembers: K. A. Mike Gilroy, paul V. Kloecker, Charles S. Morales, connie Rogers, Suellen C. Rowlison, Pete valdez, Jr. and Donald F. Gage. Motion was made by councilman Kloecker seconded by councilman Rogers that the reading of Resolution No. 94-22 be waived and that it be adopted Approving Joint Exercise of Powers Agreement re: Consolidation of Refund District. RESOLUTION NO. 94 - 22 RESOLUION APPROVING JOINT EXERCISE OF POWERS AGREEMENT. PASSED AND ADOPTED this 21st day of March, 1994, by the vote: AYES: following COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ~ ) , """ Res.94-23 Res.94-24 Res.94-25 Res.94-26 Adjrnmt. Fin.Auth. Motion was made by Councilman Kloecker seconded by Councilwoman Rogers that the reading of Resolution No. 94-23 be waived and that it be adopted Approving Agreement for Financial Advisory Services. RESOLUTION NO. 94 - 23 RESOLUTION APPROVING AGREEMENT FOR FINANCIAL ADVISORY SERVICES _ CONSOLIDATED REFUNDING DISTRICT NO. 1994-1. PASSED AND ADOPTED this 21st day of March, 1994, 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 Rogers that the reading of Resolution No. 94-24 be waived and that it be adopted re: Notice of Intention to Conduct Reassessment Proceedings pursuant to the Refunding Act of 1984 for 1915 Improvement Act Bonds. RESOLUTION NO. 94 - 24 RESOLUTION OF INTENTION TO CONDUCT REASSESSMENT PROCEEDINGS _ CONSOLIDATED REFUNDING DISTRICT NO. 1994-1. PASSED AND ADOPTED this 21st day of March, 1994, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Motion was made by Councilman Kloecker seconded by Councilman Rogers that the reading of Resolution No. 94-25 be waived and that it be adopted Approving Reassessment Report and Confirming Reassessments. RESOLUTION NO. 94 - 25 RESOLUTION APPROVING REASSESSMENT REPORT AND ORDERING REASSESSMENTS - CONSOLIDATED REFUNDING DISTRICT NO. 1994-1. PASSED AND ADOPTED this 21st day of March, 1994, 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 Rogers that the reading of Resolution No. 94-26 be waived and that it be adopted Authorizing Issuance and sale of Refunding Bonds. RESOLUTION NO. 94 - 26 RESOLUTION AUTHORIZING ISSUANCE AND SALE OF REFUNDING BONDS _ CONSOLIDATED REFUNDING DISTRICT NO. 1994-1. PASSED AND ADOPTED this 21st day of March, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, The Mayor adjourned the meeting and convened the Finance Authority. The organizational Meeting of the Gilroy Public Facilities Financing Authority was convened in accordance with public notice thereof on March 21, 1994, at the announced meeting place of the city Council Chambers of the city of Gilroy at 7351 Rosanna Street, Gilroy, California. "!>;" Res.94-1 ~, ~ . ~ 't ,,-,J' The meeting was called to order by Donald F. Gage, serving as chairman. chairman Gage announced that the organizational Meeting was being convened in accordance with the terms of that certain agreement entitled "Joint Exercise of Powers Agreement" approved on March 21, 1994, by both the city of Gilroy and the community Development Agency of the city of Gilroy, pursuant to which Agreement, the Gilroy Public Facilities Financing Authority (hereinafter referred to as "the Authority") was established. The first order of business was the election of a chairman and vice-chairman from among Boardmembers in conformity with section 3.01 of the Joint Exercise of Powers Agreement (herein- after referred to as "the Agreement"). On motion duly made by Boardmember Kloecker, seconded by Boardmember Gilroy, and unanimously carried, Mayor Gage was selected as the Authority chairman and Mayor Protempore Gilroy, was selected as vice-chairman. The next order of business was appointment of a secretary in accordance with section 3.01 of the Agreement. On motion duly made by Boardmember Kloecker, seconded by Boardmember Gilroy, and unanimously carried, SUSANNE E. STEINMETZ was appointed secretary of the Authority. In accordance with subparagraph (c) of section 3.01 of the Agreement, the Board then directed the secretary to file a copy of the Agreement, duly executed, with the secretary of state, state of california, pursuant to the provisions of section 6500 and following, of the California Government Code. The next order of business was the designation of Director of Finance, NOBLE SHAW, as Treasurer of the Authority, in accordance with section 3.02 of the Agreement. On motion duly made by Boardmember Kloecker, seconded by Boardmember Gilroy, and unanimously carried, Director of Finance, NOBLE SHAW, was designated as the Treasurer of the Authority. The next order of business was the appointment of a Legal Advisory of the Authority, in accordnace with section 3.05 of the Agreement. On motion duly made by Boardmember Kloecker, seconded by Boardmember valdez, and unanimously carried, city Attorney, LINDA A. CALLON, was appointed the Legal Advisory of the Authority. The next order of business was adoption of a resolution, to be spread in these minutes of the organizational Meeting, to approve date, time and place of the holding of regular meetings of the Authority, in accordance with subparagraph (a) of section 2.04 of the Agreement. On motion duly made by Boardmember Kloecker, seconded by Boardmember Gilroy, and unanimously carried, the Board of the Authority adopted the following resolution: RESOLUTION NO. 94 - 1 "RESOLVED: That the regular meetings of the Governing Board of the Gilroy Public Facilities Financing Authority shall be on the same dates, at the same times, and at the same place as is apparoved from time to time for the holding of regular meetings of the city council of the city of Gilroy". PASSED AND ADOPTED this 21st day of March, 1994, by the following vote: AYES: BOARDMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, NOES: ABSENT: BOARDMEMBERS: BOARDMEMBERS: The next order of business was to advise the secretary that, in accordnace with section 2.05 of the Agreement, the l '~ Res.94-2 Res.94-3 Res.94-4 Adjrnmt. Roll call secretary shall cause to be kept Minutes of the meetings of the Authority Board, including Minutes of the organizational Meeting, to be forwarded to each Board member and to each member of the Authority as soon as possible after each meeting. The next order of business was consideration by the Board of the Authority of two separate resolutions which, in substance, pertained to the following: On motion duly made by Boardmember Kloecker, seconded by Boardmember Rowlison, and unanimously carried, the Board of the Authority adopted Resolution No. 94-2 Approving Agreement for Legal services. RESOLUTION NO. 94 - 2 RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES - 1994 AUTHORITY REVENUE BONDS. PASSED AND ADOPTED this 21st day of March, 1994 by the following vote: AYES: BOARDMEMBERS: NOES: ABSENT: BOARDMEMBERS: BOARDMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, On motion duly made by Boardmember Kloecker, seconded by Boardmember Rowlison, and unanimously carried, the Board of the Authority adopted Resolution No. 94-3 Authorizing Purchase of city Refunding Bonds and Issuance of Authority Revenue Bonds. RESOLUTION NO. 94 - 3 RESOLUTION AUTHORIZING PURCHASE OF CITY REFUNDING BONDS AND ISSUANCE OF AUTHORITY REVENUE BONDS - 1994 AUTHORITY REVENUE BONDS. PASSED AND ADOPTED this 21st day of March, 1994, by the following vote: AYES: BOARDMEMBERS: NOES: ABSENT: BOARDMEMBERS: BOARDMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, On motion duly made by Boardmember Kloecker, seconded by Boardmember Rowlison, and unanimously carried, the Board of the Authority adopted Resolution No. 94-4 Authorizing preliminary Official Statement and official Statement - 1994 Authority Revenue Bonds. PASSED AND ADOPTED this 21st day of March, 1994, by the following vote: AYES: BOARDMEMBERS: NOES: ABSENT: BOARDMEMBERS: BOARDMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, These three resolutions have been created as separate legal instruments, and each of said resolutions was adopted by a unanimous vote of the Boardmembers present and voting. A certified copy of each of these three resolutions shall be filed with as a part of these Minutes of the subject March 21st meeting of the Board of the Authority. There being no further business to come before the Board, and, on motion of Boardmember Kloecker, seconded by Boardmember Rogers and unanimously carried, the meeting was adjourned at 7:31 p.m. At 7:32 p.m. the Mayor reconvened the meeting of the Gilroy city Council. Present: Councilmembers: K. A. Mike Gilroy, Paul V. Kloecker, Charles S. Morales, connie Rogers, suellen C. Rowlison, Pete valdez, Jr. and Donald F. Gage. Equip. Equip.veh. HCD Funds pub.Hear. GPA 94-01 Res.94-27 A recommendation to approve a proposal of sierra computer systems, Inc. for professional services to provide permit tracking software in the amount not to exceed $37,148.58 was noted and further explained by city Administrator Baksa. Motion was made by councilman Kloecker seconded by Councilwoman Rowlison and carried that the proposal of sierra computer systems, Inc. in the amount not to exceed $37,148.58 for professional services to provide permit tracking software be approved as recommended. A recommendation to award the bid of carl Chevrolet in the amount of $12,000.00 for a passenger sedan and two mini vans in the amount of $15,650.79 each and a Full-size Van in the amount of $22,312.49 from the state of california was noted and further explained by city Administrator Baksa. Motion was made by councilman Gilroy seconded by council- man Kloecker and carried that the bid of carl chevrolet in the amount of $12,000.00 for a passenger sedan and 2 mini vans in the amount of $15,650.79 each and a full-size van in the amount of $22,312.49 from the state of california be awarded as recommended. A report and recommendation from the city Attorney re: HCD 20th Program Year Application for st. Joseph's Family Center recommended by the citizens' Advisory Committee continued from March 7, 1994 regular Council Meeting was noted and further explained by the city Attorney. councilmembers Gilroy and Kloecker declared a conflict of interest in the matter and did not take place in the discussion nor vote upon the matter. Motion was made by councilwoman Rowlison seconded by Councilman Morales and carried by the following Roll call vote that $7500.00 be authorized under the HCD 20th Program Year Application for st. Joseph's Family center: Ayes: councilmembers: Morales, Rogers, Rowlison and Gage; Noes: councilmember: valdez; Absent: councilmembers: Gilroy and Kloecker. councilmembers: Gilroy and Kloecker returned and took their seats at the Council table. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a General plan Amendment from Local Commercial and Low Density Residential to Park/Public Facility, on properties located at 140-160-195 and 200 Fifth street, (on the north and south sides of Fifth street, between Eigleberry and Rosanna streets, near the intersection of church street) on approximately 47,535 sq. ft., city of Gilroy applicant, GPA 94-01. 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 Rogers seconded by councilman Morales that the reading of Resolution No. 94-27 be waived and that it be adopted approving GPA 94-01. RESOLUTION NO. 94 - 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GPA 94-01, AMENDING THE GENERAL PLAN MAP FROM LOCAL COMMERCIAL AND LOW DENSITY RESIDENTIAL TO PARK/PUBLIC FACILITY ON , ~ , ~.~ ~ ) l Pub.Hear. Z 94-02 Hecker Pass Land Use plan APPROXIMATELY 1.35 ACRES ON FIVE PARCELS LOCATED NEAR THE INTERSECTION OF CHURCH AND FIFTH STREETS, APN'S 799-07-023, 799- 06-031, 799-07-082, 799-07-001 AND 799-07-002. PASSED AND ADOPTED this 21st day of March, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a rezoning request from C1-HN (Neighborhood commercial-Historic Neighborhood) and R2-HN (Two Family Residential-Historic Neighborhood) to P/PF-HN (Park/public Facility-Historic Neighborhood) located on the north and south sides of Fifth street, between Eigleberry and Rosanna Streets, specifically more commonly known as the Theatre Angels House (140 Fifth st.); the Lirio Del Valle Church (160 Fifth st.,); the Gilroy Historical Museum (195 Fifth st.); and the salvation Army (200 Fifth st.), city of Gilroy, applicant, Z 94-02. The Staff Report further explained at the previous Public Hearing for GPA 94-01 by Senior planner Myer was noted. The Mayor asked if to speak for or against anyone in the audience. there was anyone in the audience wishing the proposal. There was no comment from The Mayor closed the Public Hearing. Motion was made by councilman Gilroy seconded by council- lwoman Rowlison and unanimously carried that the ordinance approving the rezoning be read by title and waived further read ing of the ordinance. The city Clerk read the title of the ordinance. Motion was made by Councilman Kloecker seconded by Councilman Gilroy and carried that the ordinance approving the rezoning be introduced and published by title and summary. The Mayor continued with the regular order of the agenda. Discussion was had on "Hecker Pass Corridor Area Land Use Plan" and possible change of the land use designation at the corner of Santa Teresa Boulevard and Hecker Pass Highway. The staff Report was noted and further explained by senior planner Myer. Paul Crawford of Crawford, Multari & stahr, addressed the Council regarding the Hecker Pass Land Use study. Geary coats, representing the applicant, addressed the Council further explaining their contributions to the study and change in the map because of elimination of the proposed service station, noting that they have agreed to use Nob Hill as the major tenant for their project. Discussion was had by Council on the matter. The Mayor asked if there was anyone in the audience wishing to speak on the matter. The following addressed the Council: carolyn Tognetti, 820 carignane, representing citizens for Balanced Growth in opposition to development at the southwest corner of santa Teresa Boulevard and Hecker Pass Highway; Thomas Kruse, 7820 Miller Avenue, opposed to development at the southwest corner of Santa Teresa Boulevard and Hecker Pass Highway; Steve Mitchell, 7950 whitehurst Road, noting any commer- cialization other than Agriculture/commercial will ruin the area; / Pub.Hear. GPA 91-01 1--1 , i: ~. Mark Joseph, Attorney, representing Adams & Broadfill, representing the Trade council, supports the planning commission and staff's recommendation to accept the land use plan without commercial at the southwest corner, noting the area should be preserved as a scenic aspect. Michael Bonfante, 3050 Hecker Pass Highway, owner of the property at the southwest corner of Santa Teresa Boulevard, and Hecker Pass Highway, explaining their proposed plans for the site; chris Adey, Burchell Road, believes the people of Gilroy should vote upon this matter at an election; Ernie Olivares, President and CEO of the Gilroy chamber of Commerce, supporting the rezoning of the property and noted that this business deserves the support of the community for their long-term business established in Gilroy; Bob Jacks, Rancho vista court, opposed to an additional shopping center when there are already many vacant; Patti Hale, vice President of the Gilroy Chamber of Commerce, supporting an existing business wishing to expand to serve the community specifically for the contributions they already have made to the city; carolyn Tognetti, owner of Garlic world, noting that they did not have to apply for rezoning of their property as it was already zoned commercial/Agricultural; Les wallace, vista Del Monte, noting that Burchell Road/ Hecker Pass zoning should not be changed and that the residents in Gilroy should be given consideration for their wishes; carl Brennan, presently on welfare and in favor of the proposed development at the southwest corner of Hecker Pass and Santa Teresa Boulevard as he is in need of a job; Pamela Jones, noted her letter submitted in opposition to the general plan amendment for the property applying for same; Jeff Martin, noting that if medium/density development is allowed at the property in question, a sound-wall will be required and would ruin the view of the hillside more than the development proposed by Nob Hill; Glen Brown, Poppy Lane, inquired of the plans for residen- tial development of the proposed property requesting a general plan amendment, further noting that minimization of commercial in the area would keep this area from having sound walls; Geary coats, responded to a residential use in the area, noting Nob Hill proposal would insure visions with no sound walls. He also noted that there is no property on First Street that could house Nob Hill Foods. Miguel Paredes, 7781 church street, noting that Nob Hill Foods would be a responsible tenant who wants to improve the community and is in favor of the proposal. Discussion was had by council on the matter. Motion was made by councilman Kloecker seconded by council- man Gilroy and carried that the Hecker Pass Land Use corridor study be accepted and that no further action be taken at this time; schedule a study session within the next few months to discuss same. councilmembers: Morales and Rowlison voted "no" on the motion. The Mayor stated that it was the time and place scheduled for a continued Public Hearing to consider a General plan Map ~ '< , 'i , r \ Pub.Hear. Amendment on approximately 12.75 acres from Medium Density Residential to General services and amend section v, policies 12, 17 and 22 of the General Plan Text, DBO Development Co., applicant (GPA 91-01). The city clerk was directed to include the staff Report and public input from the Hecker Pass Corridor Area Land Use plan discussion under Agenda Item V.B. to be placed under this Public Hearing. Discussion was had by Council on the matter. Mr. Geary coats, representing the applicant addressed the council in regard to calTrans reviewing the revised plans for this application and the new revised plans include the necessary dedications required by CalTrans. senior planner Myer noted that the revised plans do not include a gasoline service station referred to in the original Staff Report. At 11:00 p.m. the Mayor declared a Recess and reconvened the meeting at 11:08 p.m. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Geary Coats, representing the applicant, addressed the council and noted that the Hecker Pass Land Use study was required by the applicants to have a guidance plan for the entire area and that the city is now not using the plan to evaluate their project. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. The following addressed the council: Tom Kruse, noting that he was a member of the citizens' committee in revisions of the General plan and that it was unanimously recommended that there would be no commercial development west of Santa Teresa Boulevard. Tom Alcott, 8540 El Matador Drive, noting that the study is a good one, however, need is the issue and commercial development west of Santa Teresa Boulevard on Hecker Pass is not needed. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There were no further comments. The Mayor closed the Public Hearing. Discussion was had by Council on the matter. Motion was made by Councilwoman Rogers seconded by councilwoman Rowlison and carried that staff be directed to prepare a Resolution denying GPA 91-01 without prejudice as to the quality of this specific project by the following Roll call Vote: Ayes: councilmembers: Gilroy, Kloecker, Rogers, Rowlison and valdez; Noes: councilmembers: Morales and Gage. The Mayor stated that it was the time and place scheduled for a continued Pubic Hearing to consider a rezoning from A1 (Agriculture) to C3 (shopping Center commercial) District on approximately 12.75 acres located at the southwest corner of Highway 152 and Santa Teresa Boulevard, DBO Development Company (Z 91-07) continued from 1-21-92; 2-18-92; 3-16-92; 4-20-92; 9- 21-92; 3-15-93; 11-15-93; 12-20-93 and 3-7-94. The city Clerk was directed to include the staff Report and public input from the Hecker Pass Corridor Area Land Use plan discussion under Agenda Item V.B. under this Public Hearing. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. pub.Hear. GPA 93-02 openSpace GDDC Res.94-28 I ' k , . ~ ..; Motion was made by councilman Kloecker seconded by council- man Valdez and carried that staff be directed to prepare a Resolution denying Z 91-07 zoning Amendment Request. The Mayor noted continued the Public Hearing to amend the General plan Map to increase residential density on 10.2 Acres from Low Density Residential to Medium Density Residential, located west of Kern Avenue, east of santa Teresa Boulevard and north of Welburn Ave., along the planned extension of Mantelli Drive, Filice Family Estates and city of Gilroy, applicants (GPA 93-02), to April 18, 1994, noting the Planning commission had continued their public hearing to April 4, 1994. The Redesignation of "Open Space Reserve" Lands near the city of Gilroy was noted. The staff Report was noted further explained by Senior planner Myer. Information from Rancho 101 was noted. Discussion was had by council on the matter. councilwoman Rogers noted that the county planning staff has recommended retaining open space reserve and consider future use to be resolved through joint studies between the city and county and no further expansion of the urban service area until those studies are completed. councilman Kloecker noted that the city has previously opposed AB 398 and urban growth boundaries and is opposed to any concept of urban growth boundaries. Motion was made by Councilwoman Rowlison seconded by councilman Kloecker and carried that the recommended policy statement as submitted under option "A" by staff be approved. councilman Kloecker agreed to prepare a letter from the city to the county of the city action and request that they postpone any action regarding Open Space Reserve Lands near the city of Gilroy scheduled to be discussed at their March 31, 1994 meeting since Representative Rogers will be absent at that meeting. The Downtown Gilroy Business Improvement Area 1994 Annual Report prepared by the Advisory Board and Intent to Levy Assessment for Fiscal Year 994 and schedule E-1 amendment to the Report was noted. Mrs. steven schrepfer, Treasurer of GDDC, addressed the council and explained the Annual Report. Motion was made by Councilmember Gage seconded by councilwoman Rowlison and carried that the 1994 Annual Report of the Gilroy Downtown Development corporation for the Gilroy Business Improvement Area be accepted as amended and submitted. Motion was made by councilwoman Rowlison seconded by councilman Gilroy that the reading of Resolution No. 94-28 be waived and that it be adopted. RESOLUTION NO. 94 - 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING THE COUNCIL'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE DOWNTOWN GILROY BUSINESS IMPROVEMENT AREA FOR 1994 AND SETTING A PUBLIC HEARING. PASSED AND ADOPTED this 21st day of March, 1994, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ,1. :,'{) ,,_ !ol ... P & R Res.94-29 The following informational items were noted with no separate discussion on same: correspondence re: Government Restructuring: ABAG Draft proposed Platform on Restructuring Government; correspondence re: 1994 state Budget: Santa Clara county cities Association re: The Impact of State Budget Cuts on Local cities; customer service: James piedad In Appreciation; Recreation Services Manager re: Completion of 1993-4 Adult Basketball Program In Appreciation of south Valley Jr. High school Facilities; Kenneth A. Noonan, superintendent of schools In Appreciation of Planning Director; Department of Public works Inter-Office Memorandum in Appreciation of Marilyn Guerin re: EMD Customer service Survey; John Blaettler Commending Youth Basketball Program; Barbara Clark In Appreciation of Tennis Equipment at Las Animas and El Roble Parks; second Harvest Food Bank In Appreciation; Transportation Agency re: Gladys Jackson Yard for an Animal Shelter; Proclamations Issued by Mayor Gage: Glen view Penny Month- March, 1994; Agriculture Day - March 20, 1994 and Agriculture Week - March 14-20, 1994; Henry W. Coe state park, The orestimba Experience Invitation, April 23rd and 24, 1994; League of California cities Legislative Bulletin #9-1994; Emergency Housing consortium, Inc. In Appreciation of Funding support; Gilroy Chamber of Commerce Advising of Discontinuance of Secret witness Program; Hope Rehabilitation services In Appreciation of Funding; League of California cities Legislative Bulletin #10-1994; Minutes of the Gilroy visitors' Bureau Advisory Committee Meeting of February 17, 1994 and october 1, 1993 through January 31, 1994 Financial statement; and summary of smoking ordinances in Santa clara county cities. (copies - obtained by councilman Kloecker.) The Minutes of the Parks & Recreation commission Meeting of February 15, 1994 were noted. Noted a recommendation to Approve Master Street Tree Planting plan Revisions. Motion was made by councilman Kloecker seconded by Council- man Gilroy that the reading of Resolution No. 94-29 establishing a Revised Master street Tree List be adopted. Adjrnmt. ..,..,,:....,;.i"'.:.."~ (', .. .'1 :. i 't l RESOLUTION NO. 94 - 29 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING THE MASTER STREET TREE PLANTING PLAN. PASSED AND ADOPTED this 21st day of March, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, The Minutes of the Library & culture Commission Meeting of March 8, 1994 were noted. City Administrator Baksa distributed copies of the proposed Volunteer Service Program requesting that Council bring to the March 28, 1994 regular council Meeting for formal approval. city Administrator Baksa noted that at the staff Management Retreat the Council goals and mission statement was reviewed and tasks assigned and a draft report would be prepared for Council review in June 1994. council agreed to schedule a Joint council/chamber of Commerce Board of Directors Study Session for April 14, 1993. Councilman Morales noted that he attended and represented the Council at the recent Planning commission Meeting. Councilman Kloecker gave an update on the Library Task Force Issues. Councilman Kloecker volunteered to draft a letter to the Manufacturing Group in regard to a recent report referring to their basis of point of contention regarding staff level of approvals on development applications. Councilwoman Rogers gave an update on the Visitors' Bureau and inquired when their report to council would be scheduled. The Mayor noted the following meetings: Santa Clara county cities Association Meeting, March 31, 1994 - 6:00 p.m., campbell Community center, RSVP by March 28, 1994. Noted deadline for commission appointment applications to be March 25, 1994 at 5:00 p.m. Joint Powers SCRWA Meeting March 22, 1994 at 7:30 a.m. At 12.33 a.m., Tuesday, March 22, 1994 the Mayor adjourned the meeting. Respectfully submitted, e4k1~bd~ //susanne E.Steinmetz, city Clerk~