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Minutes 1995/03/20 6632 Invocation posting Agenda Roll Call Emp.Award Consent Calendar Minutes Res.95-22 Minutes Budget Dev.Agree. Res.95-23 & 95-24 Regular Meeting March 20, 1995 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Mike zubowski, south valley community church, gave the Invocation. The city Clerk noted that the Agenda had been posted on March 16, 1995 at 9:55 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 Phyllis ward, Police Records Technician, with the Employee Award for the Month of February, 1995. Motion was made by Councilman Gilroy, seconded by Councilman Kloecker 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 27, 1995; Adopted Resolution No. 95-22 approving USA 92-2, 93-1 and 93-2 in the city's Urban service Area; RESOLUTION NO. 95 - 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING USA 92-03, 93-01, AND 93-02, AND APPLYING TO THE LOCAL AGENCY FORMATION COMMISSION OF SANTA CLARA COUNTY FOR CERTAIN MODIFICATIONS TO THE URBAN SERVICE AREA OF THE CITY OF GILROY. PASSED AND ADOPTED this 20th day of March, 1995, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; NOES: ABSENT: Minutes of the Regular Council Meeting of March 6, 1995; Approved Budget Transfers/Amendments as recommended; Approved Development Agreement 93-4 and Final Map for Park Commons, phase II, Tract #8730; and Adopted Resolutions 95-23 and 95-24 re: installation of stop signs; RESOLUTION NO. 95 - 23 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A FOUR-WAY STOP AT THE INTERSECTION OF HANNA AND THIRD STREETS IN THE CITY OF GILROY PURSUANT TO SECTION 15.40 OF THE GILROY CITY CODE. card Room Appeal pub.Hear. storm Dr. . .._. 6 G 3 :1 PASSED AND ADOPTED this 20th day of March, 1995, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None; ROGERS, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: RESOLUTION NO. 95 - 24 RESOLUTION OF THE COUNCIL OF THE ONE-WAY STOP ON HOWARD AVENUE AT AND CULP DRIVE. PASSED AND ADOPTED this 20th day vote: AYES: CITY OF GILROY ESTABLISHING A THE INTERSECTION OF HOWARD AVENUE of March, 1995, by the following COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None. ROGERS, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: The Mayor announced receipt of a request from Garcia's card Room re: an appeal of employee registrations for continuance to April 17, 1995. Motion was made by councilman Kloecker seconded by council- woman Rowlison and carried that the Appeal Hearing for Garcia's Card Room employee registration permits be continued to April 17, 1995 as requested by the applicant. The Mayor stated that it was the time and place scheduled for a Public Hearing regarding the proposed storm Drain utility. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. The following addressed the council in opposition to the proposed storm Drain utility Fee: Bruce carmichael, 1190 Hanna street; Mark starritt; Liz Gifford; Dr. Joseph Mccormack; Sue Gamm, 8765 Rancho Hills Drive; Morris clark, 1415 Quail Walk Drive; Larry carlotta, 1055 Ayer Drive; Dave Densler, 3rd & Rosanna streets; Jim Hoey, 2480 Hecker Pas Highway. At 9:10 p.m. the Mayor declared a Recess and reconvened the meeting at 9:20 p.m. Liz Gifford; R. Del Rosa, 18010 Moore Road, prunedale, noting that his parents are residents of Gilroy and is speaking on their behalf; Bruce carmichael, requested copies of documents distributed council by the city Engineer; Jim clifford, property owner, at East Ninth Street; Morris Clark; Miguel Paredes, requested council put this issue on the ballot; and 6634 Pub.Hear. Energy Servo GPA 93-04 Pub.Hear. GPA 93-03 ... Rick Heinzen, 7640 Miller Avenue, and owner of the obata Industrial Park, noting that storm drain fees were paid for his project only a few years ago. The Mayor asked if there were any further comments from anyone in the audience. 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 action on the proposed ordinance be scheduled for April 3, 1995 regular council Meeting. councilJ members: Gilroy, Rowlison and Gage voted "no" on the motion. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider entering into an Energy service Contract with Honeywell, Inc. for energy services and equipment. The staff Report was noted and further explained by city Administrator Baksa and Fire chief Gillespie. The Mayor asked if there was anyone 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 Councilwoman Rogers seconded by council- man Morales and carried that the Energy Services Contract with Honeywell, Inc. be approved for energy services and equipment as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a General plan Amendment request to amend the General plan Map from Industrial Park to General services commercial, on approximately 5 acres, for property located at 8690 San Ysidro Avenue, between Leavesley Road and ~as Animas Avenue, Greg Mussallem & Ivan zubow, Applicants, GPA 93-04 continued from september 6, 1994. The staff Report was noted for this application and GPA 93- 03 (Ninomiya & Koda, Application) further explained by Planning Director Dorn. Mr. Keith Higgins, Traffic Engineer, addressed the Council and noted history of the traffic studies in the area. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Ms. Gloria Ballard, MH Engineering, addressed the Council representing Mussallem/Zubow applicants, requesting that no decision be made for their property for one year and allow additional traffic studies and completion of the Outlet project before action by council on this GPA; noting that the property owner could provide general uses proposed for the property at that time. she further requested that council action be taken before completion of the intersection at Leavesley Road and San Ysidro Avenue which is not proposed for completion for two years. The Mayor asked if there was anyone further in the audience wishing to speak. There was no further comment from anyone in the audience. The Mayor closed the Public Hearing. The Mayor stated it was the time and place scheduled for the continued Public Hearing to consider a General plan Amendment request to amend the General plan Map from Industrial Park to General services commercial, on approximately 10 acres, for prop- erty located at 8620 San Ysidro Avenue, between Leavesley Road and Las Animas Avenue, David Ninomiya, Ben Koda and Ann Koda, appli-- .cants, GPA 93-03, continued from 9-6-94; EIR certified 9-19-94.) The staff Report was noted and further explained by Planning Director Dorn under the GPA 93-04 Public Hearing. Pub.Hear. Z 95-01 outlet phase V Jt.Venture silo valley GG~r< .o.J The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. David Ninomiya, applicant and president of the nursery, addressed the council and explained proposed plans of the project, noting that he did not meet with the Traffic Engineer until afte~ all reports were completed (EIR July '94 and Traffic Analysis April 20, 1994) and proceeded with proposed plans on the basis of the EIR and Traffic studies. He noted the property owners could provide general uses proposed for their property in one year. 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 due to the lateness of the hour and the complexity of the issues, the matter of council decision on GPA 93-04 and 93-03 be continued to the next regular council Meeting of March 27, 1995. The Mayor stated it was the time and place scheduled for a Public Hearing to amend the city of Gilroy zoning Map from Al (Agriculture) to R1-PUD (single Family Residential) planned unit Development, on approximately 9.06 acres for property located on the east side of Santa Teresa Boulevard and the easterly terminus of Longmeadow Drive, Gerard & Lambert, Inc., Applicants, Z 95-01. The staff Report was noted and further explained by Planning Director Dorn. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Bill Henry, Garcia & Henry, addressed the council further explaining the proposed project. 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 Gilroy seconded by councilman Morales and carried that staff be directed to prepare a resolution approving GPA 93-03. Councilwoman Rogers voted "no" on the motion. A recommendation for the rear building signage for Gilroy outlet, phase V was noted and further explained by Planning Director Dorn. Motion was made by councilman Kloecker seconded by council- man Gilroy and carried that the photo depicting "Le Boulanger", shadowed outlined sign, be approved per staff's recommendation. A request of Joint Venture silicon valley Network for 1995- 96 Funding was noted. council supported the program; however did not approve funding for same. It was noted that Joint venture silicon valley Network would be notified of the city's continued support. The following informational items were noted with no separate discussion on same: customer service: Parks & Recreation Departmental Inter-Office Memorandum In Appreciation of Pat Snar's Lectures/programs; Rod Kelley Elementary school and Parents club In Appreciation of support for the 1995 "Rod's Trod"; 6636 Pers.Com 2-13-95 Donation from American Legion Post #669 of Flag for Gilroy Golf Course; Building, Life & Environmental safety Inter-Office Memo In Appreciation of Code Enforcement Inspector's Actions; city's participation in Eliot school Reading Day; Inter-office Memo from Building, Life & Environmental safety Division staff In Appreciation of Fellow Employees; Police Department Employee of the Month of January 1995, Angela suniga, MSO; Proclamations Issued by Mayor Gage: Change Your Clock; Change Your Battery Day - April 2, 1995; Take Our Daughters to Work Day - April 27, 1995; and The Days of Remembrance of the Holocaust - April 23-30, 1995; california Constitution Revision commission Publication, March 1995; League of California cities Legislative Bulletins, #9 & #10 - 1995; County of Santa Clara Human Relations Commission and supervisor Honda's statement re: prejudice and Discrimination in the Community; Gilroy Downtown Development corporation Minutes of the March 8, 1994 Meeting; Financial statement for March 8, 1995 and Flyer on Up-coming events; Publication Beyond Sprawl-New Patterns of Growth to Fit the New California, submitted by ABAG; correspondence re: Garlic Country USA: Maria Gurich In Opposition; Minutes of the Gilroy Visitors' Bureau Advisory Committee Meetings of January 12, 1995 and February 9, 1995; Financial statement through January 31, 1995; and 1995 Calendar of Events; Tri-county Apartment Association Recommended Funding for project sentinel's Fair Housing and Tenant/Landlord Counseling services; santa clara county Transportation Agency Installation of New Bus stop Signs; santa Clara county Transit District Merge with County's congestion Management Agency; Hospital council of Northern & central california re: Paramedic services; santa Clara valley Water District Appointments to the south Flood Control Zone Advisory Committee and santa clara Valley Water Commission; and Concerned P. G. & E. Construction Worker re: Pacific Gas & Electric company's Future Plans. Noted the Report of the Personnel commission Meeting of February 13, 1995. Motion was made by Councilman Kloecker seconded by Councilman Gilroy and carried that the Eligibility List for Police Records Technician I be abolished as recommended. Councilwoman Rogers recommended that the Personnel commission have final authority in abolishing eligibility lists. l Adjrnmt. ~.~r" .._~_ _'.~~'~""".",'__~~_ . ~ 6637 city Administrator Baksa noted an Update on the Water Conservation Program. city Administrator Baksa distributed a brochure "Talking Trash in Santa clara county" to be discussed at the April 10, 1995 council study Session. councilman Kloecker noted Santa clara county Hazardous Materials Advisory committee presentation before ABAG's recent meeting. councilman Gilroy noted Santa clara County Community Foundation Neighborhood Grant notification, noting that last year the grant was used for a clean-up project at Rogers Lane and requested that same be publicized on Channel 34. The Mayor noted the following: city council Study session, April 10, 1995 - 7:00 p.m., Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, CA 95020 re: Discussion of AB 939 and Potential city charter Amendments. At 12:50 a.m., Tuesday, March 21, 1995 the Mayor adjourned the meeting. Respectfully submitted, ~~