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Minutes 1995/01/17 GG04 Invocation posting Agenda Roll call c-c-,_cc". ~ '"'""'.'_""_'-'='--'--"...i^'~'-..""" 'C' -- ,-""",",,,,,,.., """,'~"""""';"";'.""",",_<,,,,,.~~".'_',"_., -- --- -----.- Regular Meeting January 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 January 12, 1995 at 8:45 a.m. Present: councilmembers: K. A. Mike Gilroy, Paul V. Kloecker, connie Rogers, suellen C. Rowlison, Pete valdez, Jr. and Donald F. Gage; Absent: councilmember: Charles S. Morales - 7:00 p.m. Emp.Award Cert.Serv. Consent calendar Ord.95-2 Ord.95-3 Minutes Res.95-6 6605 The Mayor presented the Employee Award for the Month of December 1994 to olga Juarez-castro, Clerk Typist II, Equipment Maintenance Division. The Mayor presented certificates of service to retired Planning commissioner, Kenneth Cooper and Personnel commissioner, Susan Jacobsen. other certificates of Service for retired Com- missioners and Board Members were noted as retirees not present: Tony Adame, Parks & Recreation commissioner; phil Buchanan, Planning commissioner; william Noble, personnel commissioner; Augustine Gomez, Library & culture commissioner; Ben pappani and Joe Curro, Building Board of Appeals. councilmember Morales entered and took his seat at the council table. Motion was made by councilman Kloecker seconded by Council- man Valdez that the following items under the Consent calendar be approved removing Item "A", Fixing councilmember salaries, by the following Roll call Vote: Ayes: councilmembers: Paul V. Kloecker, Charles S. Morales, Connie Rogers, Suellen C. Rowlison, Pete valdez, Jr. and Donald F. Gage; Absent: Councilmember: K. A. Mike Gilroy: Adopted Ordinance No. 95-2 approving zoning from R1 and RH to R1-PUD and RH on 27 acres, New cities Development Group, Z 94- 03; ORDINANCE NO. 95 - 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING FROM R1 (SINGLE FAMILY RESIDENTIAL), RH (RESIDENTIAL HILLSIDE), AND PF (PARK/PUBLIC FACILITY) TO R1-PUD (SINGLE FAMILY RESIDEN- TIAL, PLANNED UNIT DEVELOPMENT) AND RH (RESIDENTIAL HILLSIDE) ON APPROXIMATELY 26 ACRES, APN'S 783-52-003, -004, AND -005. PASSED AND ADOPTED this 17th day of January, 1995, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; Adopted ordinance No. 95-3 amending chapter 19.B of the city code relating to smoking pollution control; ORDINANCE NO. 95 - 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 19.B OF THE GILROY CITY CODE RELATING TO SMOKING POLLUTION CONTROL. PASSED AND ADOPTED this 17th day of January, 1995, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; Minutes of the Regular council Meeting of December 19, 1994; Adopted Resolution No. 95-6 declaring weeds and refuse to be a public nuisance; RESOLUTION NO. 95 - 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS GROWING AND REFUSE ACCUMULATING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DESCRIBING WEEDS WHICH CONSTITUTE SUCH NUISANCE AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF. PASSED AND ADOPTED this 17th day of January, 1995, by the following vote: 6GOG Budget Minutes Imprvmts. Ord.95-4 Kern Park Equip. P.D.Equip. Pub.Hear. GPA 94-02 AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; NOES: ABSENT: Approved Budget Amendments/Transfers as recommended; Minutes of the Regular council Meeting of January 3, 1995; Accepted Improvements of Tenth & princevalle street Traffic signal, project 1993-6, 94-PW-303 as recommended; and South valley National Bank, project 94-18. Motion was made by councilman Kloecker seconded by Council- man Valdez that the reading of Ordinance No. 95-4 be waived and that it be adopted fixing councilmembers salaries at $400.00 per month. ORDINANCE NO~ 95 - 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING ORDINANCE NO. 86-26 AND PROVIDING FOR SALARIES FOR MEMBERS OF THE CITY COUNCIL. PASSED AND ADOPTED this 17th day of January, 1995, by the following vote: AYES: COUNCILMEMBERS: KLOECKER, MORALES, ROGERS and VALDEZ NOES: COUNCILMEMBERS: GILROY, ROWLISON and GAGE ABSENT: COUNCILMEMBERS: None. city Administrator Baksa presented and explained a recommendation to award the bid for Kern Avenue Neighborhood Design Consultant to Beals Landscape Architecture, Inc. not to exceed $34,615.00. Motion was made ~y Councilman Kloecker seconded by councilwoman Rowlison and carried that the bid of Beals Landscape Architecture, Inc. be awarded for the Kern Avenue Neighborhood Park Design Consultant not to exceed $34,615.00 as recommended. city Administrator Baksa presented and explained a recommendation to award the bid for radio and telephone recording equipment to Lanier corporation in the amount of $34,991.00. Discussion was had in regard to a protest received from one of the bidders explained by Acting city Attorney Faber that a minor technical irregularity could be waived. Motion was made by Councilwoman Rogers seconded by council- man Kloecker and carried that the bid of Lanier corporation in the amount of $34,991.00 be awarded as recommended for radio and telephone recording equipment. city Administrator Baksa presented and explained a recom- mendation to award the bid of Divine Firearms Company in the amount of $11,413.00 for handgun and Police Department equipment. Motion was made by Councilman Kloecker seconded by Council- man Gilroy and carried that the bid of Divine Firearms Company in the amount of $11,413.00 be awarded for handgun and Police Department equipment as recommended. 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 city'S General plan Map from Industrial Park and Open Space to General Services Commercial on 14.78 Acres, for property fronting the east side of Monterey Street at the Highway 101/Monterey Street Freeway Interchange and backing to the southern pacific Railway Right-of-way, city of Gilroy, applicant, GPA 94-02. The staff Report was noted and further explained by planner III Faus. "- pub.Hear. Z 92-07 RDO Alloca- tions Economic Dev. prog. santa Teresa Task Force 6607 The Mayor asked if there was anyone in the audience wishing to speak on the proposal. Mr. Howard vierra, property owner, addressed the council and noted that he is available for any questions. 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. Motion was made by Councilman Kloecker seconded by council- man valdez and carried that the Mitigated Negative Declaration be adopted as completed in compliance with CEQA and reflecting the independent judgment of the city. Motion was made by councilman Kloecker seconded by council- man Morales and carried that staff be directed to prepare a resolution approving GPA 94-02. Motion was made by councilman Kloecker seconded by council- man Valdez and carried that staff be directed to not prepare a report as recommended by the planning commission to initiate a General plan Amendment from General services commercial to visitor serving commercial and zone change for the above- referenced property. councilmembers: Rogers and Rowlison voted "no" on the motion. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a zone change to amend the zoning Map from M1 (Limited Industrial) and os (Open space) zoning Districts to CM-PUD (commercial Industrial-planned unit Development) on 14.78 Acres for property fronting the east side of Monterey street at the Highway 101/Monterey street Freeway Interchange and backing to the Southern Pacific Railway Right-of- Way, MVW Partners, applicant, Z 92-07. The staff Report was noted and further explained by planner III Faus that the zone change is consistent with the General plan Amendment. 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 councilman Kloecker seconded by councilman valdez and carried that staff be directed to prepare an ordinance approving Z 92-07 as recommended. councilman Kloecker requested that a Joint council/Planning commission study session be scheduled to discuss commercial/visi- tor Highway commercial zoning policy and a separate study session with other commissions to discuss city policies and issues. council agreed to continue decision on approval or modifi- cation of RDO Allocations as recommended by the planning commis- sion to the January 23, 1995 Regular council Meeting for receipt of pending information from FPPC regarding the Mayor's possible conflict of interest on the matter. (Public Hearing held 12-5- 94; council decision continued to 12-19-94 and 1-17-95.) Motion was made by councilman Kloecker seconded by council- man Gilroy and carried that a decision on the city's participa- tion in an Economic Development Program with the Gilroy chamber of Commerce be continued to the June 5, 1995 regular meeting to allow for consideration within the 1995-96 Budget. It was noted that Brooks Nantker, chamber of Commerce Executive Officer, had requested that the matter be continued to March 6, 1995. A recommendation to establish a santa Teresa corridor study Task Force for the Santa Teresa Boulevard corridor study was noted. Discussion was had by Council on the matter. 6G08 Housing Elem. Task Force Uvas Pk. Preserve A recommendation to establish a Housing Element Implementa- tion Task Force study was noted. Discussion was had by Council on the matter. Motion was made by Councilman Kloecker seconded by Council- woman Rogers and carried to approve the concept to establish the following Task Forces as recommended and discussed: santa Teresa Corridor study Task Force: 1 city councilmem- ber; 1 Planning commissioner recommended by the Planning commis- sion with council approval; 1 Parks & Recreation commissioner recommended by the Parks & Recreation Commission with Council approval; 2 property owners or developers of land adjacent to Santa Teresa Corridor recommended by the Planning Director with Council approval; and 1 representative of Mesa Ranch Neighbor- hood and 1 citizen at large, both to be selected similarly as commissioners are selected by application and approved by Council. Housinq Element Implementation Task Force study: 2 _ Developers For-Profit and Non-profit; 2 affected citizens; 2 connected to Housing Industry i.e. contractors, housing advocates; 1 representative of the financial community - Total: 7 plus 2 additional if desired, to follow same procedure used for commission selection and that members be residents of Gilroy and that previous members of the Housing Task Force be contacted to determine if they would be interested in serving on said Task Force. It was also suggested that the Planning commission select a representative for membership on the Task Force; and the Housing Element Implementation Task Force recommendations be forwarded to the Planning commission for their recommendation to Council who shall have final approval in establishing a housing element implementation policy. City Administrator Baksa presented a recommendation that the Uvas Park Preserve construction Design concept be approved. Parks & Recreation Director connelly explained the environmental building proposed within the Preserve. Motion was made by Councilwoman Rogers seconded by council- man Kloecker and carried to approve the Uvas Park Preserve Con- struction Design concept to proceed with all three contracts in the most feasible priority as recommended by City Administrator Baksa. City Administrator Baksa noted proposed policies concerning the Housing and Community Development Block Grant Program - 21st Year Application Process further explained by HCD Grant Coordinator Rojas. Council agreed upon the following: 1) 15% target or less re: Administrative Costs; 2) Heard from Marie Juncker, south County Housing Executive Director re: CAC Funding. Motion was made by councilman Kloecker seconded by councilman Valdez and carried to approve CAC funding City Administra- tive costs and non-profit developer's predevelopment costs; 3) Agreed to schedule for the Council Retreat, specifically, to set specific priorities for funding prior to the February 14, 1995 Public Forum to hear proposals; 4) Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried to approve as written re: CAC recommending funding only non-profits with more than one complete year in business; A/S 94-25 Dev.Fees SCVW Dist. RDO proj. Financing BGag ~.., 5 & 6) Motion was made by councilman Kloecker seconded by Councilwoman Rowlison and carried to approve as written re: Funds in excess of $10,000 in all categories other than Public service should be returned to the CAC and council if they are unused in a given year and to be reallocated to another project; and Public service monies in excess of $5,000 to be reallocated be returned to CAC for discussion and recommendation to Council; 7) staff determine term of service on CAC members; suggested 3 years staggering terms; that members.are an Advisory Board only to Council. It was suggested that Rotary and American Association of University Women Membership be considered; and 8) Motion was made by councilman Kloecker seconded by Councilman Gilroy to approve as written, Public service Grants continue to be $2,000 minimum. At 9:05 p.m. the Mayor declared a Recess and reconvened the meeting at 9:12 p.m. The Mayor noted a recommendation to approve a planned unit Development (PUD) Design Approval on an approximate 69.8 acre site zoned R1-PUD (single Family Residential-Planned unit Development), to allow the construction and development of a 112 Lot Single Family Residential subdivision on property located south of Longmeadow Drive, between Calle Del Rey and Rancho Hills Drive, Kaufman & Broad, applicant, A/S 94-25. The Staff Report was noted and further explained by Planner III Faus. Motion was made by councilman Kloecker seconded by councilman Valdez and carried that staff prepare a resolution approving said Planned unit Development Design for A/S 94-25. A recommendation on timing of development fee payments was noted and further explained by Director of Public works Allen. Discussion was had by council on the matter. Motion was made by councilman Kloecker seconded by councilman Morales and carried that development fee payments be collected in the same manner previously collected, specifically to allow deferment of Park, Police and Fire payments at the time of issuance of building permits unless in any of these categories there may be a reimbursement issue and if so, said payment would also have to be collected at Final Map approval. The Mayor asked if there was anyone to speak on any matter not on the agenda. from anyone in the audience. in the audience wishing There was no comment The Mayor recommended councilwoman Rowlison be reappointed as the city's representative to the south Zone Advisory committee of the Santa clara valley Water District; Director of Public Works Allen, Alternate and councilwoman Rowlison be reappointed as representative to the Santa clara Valley Water commission; Mayor Gage, Alternate. Motion was made by councilman Kloecker seconded by Councilman Gilroy and carried that councilwoman Rowlison be reappointed as the City's representative on the South Zone Advisory Committee and Water commission of the Santa clara valley Water District and Alternates remain the same. city Administrator Baksa noted a letter from Larry Willard re: financing problems for smaller RDO projects and staff Report for same recommending that staff be authorized to meet with the developers regarding this issue raised. Council concurred. 66iO Plan.Com. 1-5-95 SCRWA The following informational items were noted with no separate discussion on same: Customer Service: Gilroy Fire Department Letter of Commendation to Building Inspector II, Jane Alexander; united Way In Appreciation of city's 1994 campaign Chairperson, Loida Osteo; Inter-Office Memo from Police Chief In Appreciation of corporal steve Gaither; Santa Clara County Municipal Court - Relocation of Gilroy Facility; Retirement of Ronald R. Esau from Santa Clara Valley Water District; Minutes of the Santa Clara county Library Joint Powers Authority Implementation Meeting of December 19, 1994; Lee Weider re: CalTrans Letter dated 12-21-94 re: Garlic Country U.S.A.; Petition for special Relief to Modify the Television Market of KOFY-TV; Yard; Santa Clara County Transit District re: Gladys Jackson Police Department Employee of the Month of October, 1994 _ patricia Harrell, Public safety Communicator II and for the Month of November, 1994 - Norm Chapin, corporal; Tom Springer re: Residential Development Ordinance; and League of California cities' Legislative Bulletin #1-1995; The Report of the Planning commission Meeting of January 5, 1995 was noted. The Minutes of the south County Regional Wastewater Authority Meeting of November 22, 1994 were noted. City Administrator Baksa noted an update on the Water Conservation Program. Council requested that the council study Session regarding the capital Improvement Budget on January 30, 1995 be held in the Council Chambers to be televised. city Administrator Baksa distributed information regarding the Council/Manager Retreat and requested council return their information regarding the Retreat to him by Noon on January 20. Councilman Gilroy noted that he would not attend nor participate in the retreat if same was held at the I.O.O.F. facility explaining the reasons for same. Councilwoman Rowlison suggested that Council reconsider the location of the Retreat. Discussion was had by Council. Councilwoman Rogers reported on a community Service Policy Committee Meeting of the League of california cities that she attended in Burbank and further noted that February 23 is the last date that legislative bills can be introduced. Councilman Kloecker reported on an Environmental Quality League of California cities Meeting he recently attended. The Mayor noted the following Meetings and Events: Adjrnmt. 6Gll Gilroy City Council study session, Tuesday, January 24, 1995 - 7:00 p.m., Council Chambers, city Hall, 7351 Rosanna street, Gilroy re: Proposed storm Drain utility; Gilroy City council/Manager's Retreat, Friday, January 27, 1995 - 6:00 p.m. to 10:00 p.m., and saturday, January 28, 1995 8:30 a.m. to 5:00 p.m., I.O.O.F. children's Rebekah Home, I.O.O.F. Avenue, Gilroy, and Gilroy city Council study session, Monday, February 13, 1995 - 7:00 p.m., Council Chambers, city Hall, 7351 Rosanna street, Gilroy, re: Discussion of changes in Redevelopment Laws and Effect Upon city of Gilroy. Councilman Gilroy noted that he would attend the city Coun- cil/Manager Retreat at the I.O.O.F. Building to avoid cancelling the entire Retreat; that his request to conduct the Retreat at a city facility be considered for next year. The Mayor noted that the Public is invited to attend the Retreat. At 10:47 p.m. the Mayor Adjourned to a Closed session re: Conference with Legal Counsel - Existing Litigation per Gov't. code Sec. 54956.9(a), city of Gilroy v. The Heirs and Devisees of Dante Tomey and Edna Tomey, Deceased, sub;ect to Administration of Their Estates, Linda westoby, Thomas westoby, and DOES 1 throuqh 50, Inclusive; Santa Clara county superior Court Case No. CV741025; and re: Conference with Real Property Negotiator, pursuant to Gov't. code section 54956.8 - Property located south of Thomas Road and west of Monterey Highway, Gilroy, CA 95020; Negotiating parties: Representative for the Blocker and Filice properties; Matter under negotiation: Requesting direction from Council regarding possible purchase and/or exchange of land for the Thomas Road Sports' complex. At 11:15 p.m. the Mayor further reconvene the meeting and further adjourned. Respectfully submitted, J ;::~~ Susanne E. Steinmetz,