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Minutes 1995/10/16 6708 Invocation posting Agenda Roll Call Employee Award Consent calendar Ord.95-15 Regular Meeting october 16, 1995 Gilroy, california The Mayor led the Pledge of Allegiance to the Flag. Pastor Malcolm MacPhail, New Hope community church gave the Invocation. The city Clerk noted that the Agenda had been'posted on october 12, 1995 - 9:35 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 the Employee of the Month Award for september, 1995 to David Bozzo, Fire captain. Motion was made by councilman Kloecker, seconded by council- man valdez 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~ Adopted Ordinance No. 95-15 rezoning from R1 (single Family Residential) to R1/R3-PUD (single Family Residential/Medium Density Residential-planned unit Development) on approximately 12.45 acres, south county Housing, applicant, Z 94-07~ ORDINANCE NO. 95 - 15 ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING FROM R1 (SINGLE FAMILY RESIDENTIAL) TO R1/R3-PUD (SINGLE FAMILY RESIDENTIAL/MEDIUM DENSITY RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 12.45 ACRES, APNS 790-04-039, - 046. PASSED AND ADOPTED this 16th day of october, 1995, by the following vote: Res.95-70 Minutes Budget Res.95-71 Claim Res.95-72 Res.95-73 670D AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None~ NOES: ABSENT: Adopted Resolution No. 95-70 establishing a standard mileage expense for all city Employees, noting amount to be $.275/mile~ RESOLUTION NO. 95 - 70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING A STANDARD MILEAGE EXPENSE REIMBURSEMENT ALLOWANCE FOR CITY EMPLOYEES. PASSED AND ADOPTED this 16th day of October, 1995, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None~ ROGERS, COUNCILMEMBERS: COUNCILMEMBERS: Approved Minutes of the Regular Council Meeting of september 25, 1995~ Approved Budget Amendments/Transfers as recommended~ Adopted Resolution No. 95-71 authorizing participation in AGAB's Power purchasing Pool and execution of pertinent agreements~ noting addition ....to undertake a bulk purchasing program for natural gas and electricity "when leqally authorized by the California Public utilities commission" on behalf of.....~ RESOLUTION NO. 95 - 71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE CITY OF GILROY'S PARTICIPATION IN ABAG'S POWER PURCHASING POOL AND AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO SIMILAR AGREEMENTS. PASSED AND ADOPTED this 16th day of October, 1995, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None~ ROGERS, COUNCILMEMBERS: COUNCILMEMBERS: Denied Claim of Ray C. Peterson as recommended~ Adopted Resolutions No. 95-72 and 95-73 approving Legal Services Agreement and setting Public Hearing date of November 20, 1995 to consider Annexation No. 1995-2 to Maintenance District No. 1 ~ RESOLUTION NO. 95 - 72 RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES - ANNEXATION NO. 1995-2 TO MAINTENANCE DISTRICT NO.1. PASSED AND ADOPTED this 16th day of October, 1995, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None~ ROGERS, COUNCILMEMBERS: COUNCILMEMBERS: RESOLUTION NO. 95 - 73 RESOLUTION OF INTENTION TO ANNEX NO.1, CITY OF GILROY ANNEXATION PASSED AND ADOPTED this 16th day following vote: AYES: COUNCILMEMBERS: TERRITORY TO MAINTENANCE DISTRICT NO. 1995-2. of October, 1995, by the NOES: ABSENT: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None; ROGERS, COUNCILMEMBERS: COUNCILMEMBERS: 6710 Minutes Res.95-74 z 95-07 Pub.Hear. Z 95-04 Pub.Hear. TM 95-04 Pub.Hear. GPA 95-04 Approved the Minutes of the Regular council Meeting of october 2, 1995~ and Adopted Resolution No. 95-74 approving a cooperative Agreement between CalTrans and the city for the Leavesley Road Widening project. (Council approved project July 24, 1995~ CalTrans requires a Resolution.)~ RESOLUTION NO. 95 - 74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY OF GILROY ALL CONTRACTS PREVIOUSLY APPROVED BY THE CITY COUNCIL. PASSED AND ADOPTED this 16th day of October, 1995, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None. ROGERS, COUNCILMEMBERS: COUNCILMEMBERS: Motion was made by Councilman Kloecker seconded by council- man Valdez and carried that the Public Hearing on a zoning Ordinance Text Amendment request to amend the existing zoning Ordinance to include an additional section under Exceptions, section 46, regarding Residential Density Bonuses as Subsection 46.40, city of Gilroy, applicant, Z 95-06 be continued to october 30, 1995 as recommended by staff. The Mayor stated it was the time and place scheduled for a Public Hearing on a rezoning request to amend the zoning Map from R1 (Medium Density Residential) to R3-PUD (Medium Density Residential-planned unit Development) on 1.2 acres on property fronting Church street, north of Liman Avenue, Mark Hewell, applicant, Z 95-04. The staff Report was noted and further explained by planner I stice. 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 Kloecker and carried that staff be directed to prepare an Ordinance approving the Rezoning request. The Mayor stated that it was the time and place scheduled for the Public Hearing on a Tentative Map request to subdivide 1.2 acres into a 12 lot residential subdivision, together with one remainder parcel, on property fronting Church street, north of Liman Avenue, Mark Hewell, applicant, TM 95-04. The Staff Report was noted and further explained by planner I stice. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mark Hewell, representing the applicant, addressed the Council and noted his presence for any questions. The Mayor asked if there was anyone further in the audience wishing to speak. 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 TM 95-04. The Mayor stated that it was the time and place scheduled for a Public Hearing on a General plan Text Amendment request to amend the city'S General plan Document, Section III, Natural RD 94-15 com.Appmts. Res.95-75 6711 Environment - policies - Noise, for the purpose of modifying acceptable sound level limits and setting forth the required location of measurement, city of Gilroy, applicant, GPA 95-04. councilman Kloecker requested the hearing be continued to receive presentation by Planning commissioner Lai that was presented to the Planning commission at their public hearing on the application. council continued the Public Hearing to November 6, 1995 to receive a presentation by Planning commissioner Lai and requested additional information previously received regarding the soundwall study on Thomas Road and sound study for Highway 85. It was noted that the applicant withdrew his request for RD 94-15 Uvas Creek village proposed amendment, Coast Range Develop- ment Inc., located on the south side of Royal Way, adjacent to Uvas creek. council set November 22, 1995 as the deadline to receive applications for commission and Board appointments effective January 1, 1996 to expire January 1, 2000, noting interviews to be scheduled for December 11, 1995 for appointment at the December 18th regular council meeting. It was suggested that applicants for the Library & culture commission indicate their preference for Library and/or culture in the event Measure N is approved at the November 7th General Municipal Election that would divide the Library & Culture commission into two commissions. Motion was made by Councilman Kloecker seconded by Councilwoman Rowlison that the reading of Resolution No. 95-75 be waived and that it be adopted in support of the League of California cities Initiative Resolution re: Homeowners and Earthquake Insurance requested by the city of oakland. RESOLUTION NO. 95 - 75 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RELATING TO HOMEOWNERS AND EARTHQUAKE INSURANCE. PASSED AND ADOPTED this 16th day of october, 1995, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: The following informational items were noted with no separate discussion on same except as noted: customer Service: South county Housing In Appreciation of city staff Assistance regarding Glenbrook subdivision; Inter-Office Memo In Appreciation of corporal Sheedy and Gilroy police Department Explorers~ city In Appreciation of contribution to South county Garage sale Day~ De Leuw cather In Appreciation of Accommodations~ Inter-Office Memo from Police chief In Appreciation of staff Arranging Ride-Along for councilmembers~ community services Director's Inter-Office Memo for staff's Response to customer service: community services Director's Inter-office Memo for Staff's Efforts in Resource savings~ 6"'j 1 I) ( ~ _ t.." Plan.Com. 10-5-95 Housing Task Force Customer In Appreciation of City's Expedient Response; ABAG Election of Officers~ (Councilman Kloecker noted that he is withdrawing from the Vice-President ballot); state of California, Office of Historic Preservation re: Gilroy Yamato Hot springs~ city's Response to Pending Legislation re: Medicare Coverage Extension~ Police Department Employee of the Month of August, 1995, Officer Kurt Ashley; Proclamations Issued by Mayor Gage: Breast Cancer Awareness Month - October, 1995~ World Food Day - October 16, 1995~ Domestic violence Prevention Month, October, 1995~ and united Way Campaign Season~ Minutes of the Gilroy visitors' Bureau Advisory Council Meeting of september 14, 1995 and Financial statement ending August 31, 1995~ Transportation Agency re: state Funding Priorities without Measure A~ Kreines & Kreines re: Telecommunications Policy~ Shapell-Eagle Ridge Project~ and Legislative Summary update, october 11, 1995. The Report of the Planning commission Meeting of October 5, 1995 was noted. The Minutes of the Housing Element Implementation Task Force Meeting of september 28, 1995 were noted. city Administrator Baksa noted an Update on the Water Conservation Program. City Administrator Baksa noted the Joint city/School Board Study session tentatively scheduled for October 30 at 5:15 p.m. to 6:45 p.m. city Administrator Baksa noted that the Police Department is scheduled for channel 34 at 7:30 p.m. re:Youth & Gangs on October 17, 1995. city Administrator Baksa noted Customer Service Training to be completed October 19, 1995. City Administrator Baksa requested final confirmation of League of California cities Conference attendees. The Mayor thanked councilman Valdez in assisting with the Grant Process for the Youth Center. Councilman Valdez noted he would be attending the Domestic Violence Conference on october 20 and will report back to council on same. Councilman Morales noted the South county Agriculture Preserve Task Force Meeting October 19, 1995 from 7:30 p.m. to 9:00 p.m. Councilman Morales noted a salvation Army meeting scheduled October 20 at 7:00 p.m. re: Violence in the community and Schools. Councilwoman Rogers gave an update on the Santa Clara County Emergency Preparedness Council noting funding from the State to be changed and changes to the By-Laws. Adjrnmt 6713 councilman Kloecker gave an update on the santa clara county cities Association cities selection committee noting that council- woman Rogers will fill the position on the Haz Mat Committee. He further gave an update on the Santa clara county Transit District Board Meeting regarding Measure A decision and funding for future proposed projects. He further gave an update on the California constitution Revision commission noting that a survey form will be sent to all councilmembers to seek individual in-put on all proposed revisions and requested councilmembers complete and return the surveys. At 6:50 p.m. the Mayor adjourned to a continued closed Session pursuant to Government code section 54956.9(a), conference with Legal Counsel - Existing Litigation. Ignacia Gaeta v city of Gilroy et al cv 744630. At 9:00 p.m. the Mayor reconvened the meeting and further adjourned to october 30, 1995 (october 23, 1995 Regular council Meeting cancelled due to the Annual League of California cities Conference October 22-24, 1995.) Respectfully submitted,