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Minutes 1995/12/18 u' 673lJ Invocation Posting Agenda Roll Call Presenta- tion Emp.Award Consent calendar Budget Minutes Res.95-89 Res.95-90 Regular Meeting December 18, 1995 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The Mayor announced that Council was in Closed session prior to the meeting and would further adjourn to a Closed session following the regular adjournment of this meeting. Pastor Mark wilson, The Foothill's Foursquare Church gave the Invocation. The City Clerk noted that the Agenda had been posted on December 14, 1995 - 9:10 a.m. Present: councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie Rogers, Suellen C. Rowlison, Thomas W. springer, Pete valdez, Jr. and Donald F. Gage~ 7:08 p.m. The Mayor presented the Gilroy Browns (Midget Division) - Pop Warner Football Team and Coaches (Super Bowl Champs) with a certificate of commendation and recognition for their National championship Award, defeating the Wilmington pilots (from the Los Angeles area) 36-0 December 10, 1995 in Florida. Councilman springer donated his Council salary to signage for entrances to the city depicting "Home of the Gilroy Browns" National Champions. The Mayor presented the Employee Award for the Month of November, 1995, to steve Eddlemon, community services Department. Motion was made by Councilwoman Rowlison, seconded by Coun- cilman Morales that the following item under the Consent calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie Rogers, Suellen C. Rowlison, Thomas W. springer, Pete valdez, Jr. and Donald F. Gage: Approved Budget Amendments/Transfers as recommended~ Minutes of the Regular Council Meetings of November 6, 20, and 27, 1995~ Adopted Resolution No. 95-89 declaring weeds and refuse to be a public nuisance, setting a hearing date of January 16, 1996~ RESOLUTION NO. 95 - 89 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 18th day of December, 1995, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, MORALES, SPRINGER, VALDEZ None None~ and ROGERS, ROWLISON, and GAGE COUNCILMEMBERS: COUNCILMEMBERS: RESOLUTION NO. 95 - 90 RESOLUTION INITIATING REORGANIZATION OF TERRITORY DESIGNATED AS: "SHAPELL REORGANIZATION 95-01" AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THEREOF. PASSED AND ADOPTED this 18th day of December, 1995, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None pub.Hear. GPA 95-04 MAC SA cult. workshop 6737 The Mayor stated that it was the time and place scheduled for the continued public Hearing on a General plan Text Amendment request to amend the city's General plan Document, section III, Natural Environment - policies - Noise, for the purpose of modi- fying acceptable sound level limits and setting forth the required location of measurement, city of Gilroy, Applicant, GPA 95-04. The staff Report was noted and further explained by planner stice. planning commissioner Lai gave a presentation in opposition to the General plan Text Amendment. The consultant's report on Air Quality & Acoustical specialist was noted and further explained by Michael weber, LSA Associates, Inc. The Mayor asked if there was anyone in the audience wishing to speak on the matter. The following addressed the council: Mary Carson, homeowner on Jacaranda way next to santa Teresa Boulevard, suggested actual sound tests be performed and requested council accept the recommendation of the Planning commission. Tim Filice, partner in the Glen-Loma Group, spoke in favor of the GPA amendment that would raise noise limits but let developers build lower sound walls. Holly wonder, project Manager of South county Housing, reminded council that their projects are for affordable housing and noted the cost and esthetic implications if the proposed changes in sound walls are approved. Matthew Drummond, 7500 chestnut street, recommended the location of the sound measurement should be addressed rather than the decibel differences. 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. Discussion was had by council on the proposals. Motion was made by Councilwoman Rogers seconded by council- woman Rowlison and not carried by the following Roll call Vote to approve proposed amendment No. 3 that would raise noise limits but allow lower sound walls: Ayes: councilmembers Rogers, Rowlison and Gage~ Noes: councilmembers: Gilroy, Morales, springer and Valdez. council requested staff investigate the possibility of additional noise testing and report back to them with alternatives. At 9:10 p.m. the Mayor declared a Recess and reconvened the meeting at 9:25 p.m. The Mayor deviated from the regular order of the agenda in order to accommodate interested persons in the audience. A proposal by MACSA for Friday Night Jams was noted and further explained by Olivia Mendiola. Ramiro savedra, 7351 Alexander street and Jose de Luna, 7531 Forest street, Apt. B addressed council in favor of the proposal. The proposal of MACSA was referred to staff to review and report back to council on a recommendation. Donna pray and virginia Wright addressed the council and presented a report on a cultural Planning workshop held september 8, 1995 for council information. 6738 com.Appmts pub.Hear. GPA 95-01 pub.Hear. ROO The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. The Mayor deviated from the regular agenda: The Mayor recommended and motion was made by councilman Valdez seconded by councilman springer and carried that the following be appointed to Boards and Commissions for terms expir- ing December 31, 1995: (New commission terms determined by lot.) parks & Recreation commission: Term To Expire Martha Martinez - 4 year term Greg Camaco-Light - 4 year term 1-1-'00 1-1-'00 Planninq Commission: Marie Blankley - 4 year term Ermelindo Puente - 4 year term 1-1-'00 1-1-'00 Librarv commission: Elizabeth Lai - 1 year term Leah Halper - 1 year term sohail "sunny" Khandwala - 2 year term Jenny Howard - 3 year term Walter Emerdinger - 4 year term 1-1-97 1-1-97 1-1-98 1-1-99 1-1-'00 Arts & Culture commission: Donovan George Bayuga - 1 year term patricia Delleney-Gilroy - 1 year term Arline silva - 2 year term catherine (Cathi) Johnson 2 year term Donna pray - 3 year term sandy stanford - 3 year term caroline Haessler - 4 year term 1-1-97 1-1-97 1-1-98 1-1-98 1-1-99 1-1-99 1-1-'00 Buildinq Board of Appeals: David sheedy - 4 year term 1-1-'00 Handicapped Access Board: Ben pappani - 4 year term 1-1-'00 The Mayor continued with the regular order of the agenda: The Mayor stated that it was the time and place scheduled for the public Hearing to amend the city's General plan Document for the purpose of incorporating portions of the Santa Clara county Hazardous Waste Management plan into the Gilroy General plan, to comply with California Assembly Bill 2948 (Tanner Act). The proposed amendment would enable the city to adopt a set of criteria for evaluating proposals to site commercial hazardous waste management facilities, GPA 95-01. The staff Report was noted and further explained by city Administrator Baksa noting that the staff and Planning commission recommend tabling and filing the proposal. 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 council- man Gilroy and carried that GPA 95-01 be tabled and filed as recommended. The Mayor stated that it was the time and place scheduled for a public Hearing to amend zoning ordinance section 50.67 council on Aging plan.com. 12-7-95 Housing 6739 Applicant's Agreement to perform (Residential Development Ordi- nance). The proposed amendment will modify the city's Residential Development Ordinance to conform with the city's ROO Performance Agreements. The staff Report was noted and further explained by city Administrator Baksa noting that planner Faus was present to answer questions. 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 Gilroy and carried that staff be directed to prepare an ordinance approving said amendment. The Mayor recommended and council approved the appointment of councilman Gilroy as the South county Representative to the council on Aging as recommended. The following informational items were noted with no separate discussion on same: customer service: OMI project Manager In Appreciation of community services Department~ Resident and city'S Reply to Recycling Inquiry~ police chief's Inter-Office Memo In Recognition of Angela Kaho, MSO outstanding Performance~ police chief's Inter-office Memo In Appreciation of officer steve Morrow's Presentation and Accomplishments at Eliot School~ city'S Response to Legislative Bills: opposition to HR 1058 and S 240~ Minutes of the Gilroy visitors' Bureau Advisory Council October and November 1995 Meetings. The Report of the Planning commission Meeting of December 7, 1995 was noted. The Minutes of the Housing Element Implementation Task Force Meeting of November 20, 1995 were noted. city Administrator Baksa noted the update on the Water Conservation Program. Discussion was had on the council Retreat to be scheduled in February 1996. city Administrator Baksa noted the Pajaro River watershed workshop re: Joint-powers Legislation and requested council contact him if they wish to attend. councilwoman Rowlison indicated she would attend. Discussion was had and city Administrator Baksa gave an update on the the CDBG Process. city Administrator Baksa gave an update on acquisition of the Youth Center Building. city Administrator Baksa gave an update on the GDDC Meeting of December 7, 1995. city Administrator Baksa gave an update on the cable TV Franchise process noting a Joint Meeting with Hollister/Morgan Hill will be scheduled for February 1996. .' '"'" () tI ( 11 " Adjrnmt. Invocation Posting Agenda New Emp. city Administrator Baksa gave an update on community services reorganization and city employees successfully handling seasonal flooding incidents. councilman springer suggested that the employees be recognized on channel 34. councilman Gilroy requested staff determine the cost of the storm drain issues. councilman springer noted that Fifth street between Rosanna street to Miller is a flooding issue. city Administrator Baksa gave an update on the city staff/school Administration meeting regarding security issues noting a staff Report is forthcoming prior to any scheduled Joint city/school Liaison Committee Meeting. city Administrator Baksa gave an update on the curfew center proposal of MACSA and that a staff recommendation is forthcoming for the January 16, 1996 Regular Meeting. city Administrator Baksa noted that a meeting of the city'S representatives on the Joint city/school Liaison Committee will be scheduled for early January 1996. The city Attorney gave an update on the Gaeta v city case noting that the Judge has 90 days to rule. The Mayor noted the Toys for Tots project needs toys. The Mayor gave an Update on the Skating Party. councilwoman Rogers gave an update on recent meetings she attended: Transit Authority policy committee~ visitor's Bureau; Housing Implementation Task Force and Santa clara county cities Association. planner Faus gave a summary report on the South county Agricultural Preserve study Task Force, November 16, 1995 Meeting attended by councilman Morales. At 11:20 p.m. the Mayor adjourned to the continued Closed session held prior to this meeting. At 11:45 p.m. the Mayor reconvened the meeting and further adjourned to Monday, January 8, 1996 if sufficient Agenda items or Adjourn to Tuesday, January 16, 1996. (TUesday, December 26, 1995 and Tuesday, January 2, 1996 regular meetings previously cancelled by council.) Respectfully submitted, Adjourned Regular Meeting January 8, 1996 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 4, 1996 - 11:30 a.m. The Mayor noted Introduction of New Employee: Susana Serna, Police Records Technician I, not present. Roll Call Volunteer consent calendar Minutes Budget Imprvmts. so.co. Housing zon.ord. Amndmt. visitors' Bureau Nob Hill 6 14J 1 ~ , L.l Present: councilmembers: K. A. Mike Gilroy, charles s. Morales, connie Rogers, Suellen C. Rowlison, Thomas w. springer, Pete valdez, Jr. and Donald F. Gage; 7:00 p.m. The Mayor presented the volunteer of the Month of December, 1995 to Nancy pruitt, volunteer service program under channel 34. Motion was made by councilman Gilroy, seconded by councilman springer that the following item under the Consent calendar be approved by the following Roll Call Vote: Ayes: councilmembers: K. A. Mike Gilroy, charles S. Morales, connie Rogers, suellen C. Rowlison, Thomas w. springer, Pete valdez, Jr. and Donald F. Gage: Minutes of the Regular council Meetings of December 4th and 18, 1995~ Approved Budget Amendments/Transfer as recommended~ Accepted Mantelli Drive Improvements - silicon valley Diversified~ and Approved RDO Exemption for south county Housing, church street project. At 7:05 p.m. Administrative services Director Dorn gave the Department Report for the Administrative services Department explaining the city's Investment program. At 8:00 p.m. the Mayor reconvened the meeting. A proposed ordinance amending section 50.67 of the zoning ordinance re: Residential Development ordinance was noted. Motion was made by councilwoman Rowlison seconded by Councilman Morales and unanimously carried that the ordinance be read by title only and waived further reading of the ordinance. The clerk read the title of the ordinance. Motion was made by Councilwoman Rowlison seconded by councilwoman Rogers and carried that the ordinance be introduced and published by title and summary. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Rick Barmore, resident of North Church street, addressed the council concerned with the development at the end of church street regarding an application continued from the Planning commission regular meeting for future discussion by council at a later date. staff advised Mr. Barmore to contact the Planning Division of the city for additional information on proposed plans and future development of church street. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. council concurred with the reappointment of Robert connelly, community services Director, and connie Rogers, councilwoman, as city representatives on the Gilroy visitors' Bureau Advisory council. Motion was made by Councilman Gilroy seconded by councilman springer and carried that the city's representatives be reappointed on the Gilroy visitors' Bureau Advisory council. Noted and discussed request of Nob Hill Foods regarding Economic Impact Reports. Heard from Jim oteri, representing Nob Hill Foods regarding their proposed project. Heard from Patti Hale, President of the Gilroy chamber of Commerce. 6742 Library Funding Motion was made by councilwoman Rogers seconded by council- man Gilroy by the following Roll Call Vote that Nob Hill Foods proceed with their application for a new grocery store, not requiring an Economic Impact study Report with the concurrence that a study Session is forthcoming to examine topics of traffic, regional draw and anti-blight issues and city's policy regarding requirements for Economic Impact study Reports: Ayes: councilmem- bers: Gilroy, Morales, Rogers, Rowlison, springer, Valdez and Gage. city Administrator Baksa noted that he would redistribute the San Jose anti-blight ordinance for review and discuss the matters of regional draw and traffic issues with the Planning Division to be discussed by council at a future study session. Motion was made by councilwoman Rogers seconded by council- man Morales and carried that the city supports the city of Temecula ~equesting support to recover state Library Funding. The following informational items were noted with no separate discussion on same except as noted: customer service: Response of Field Crews in December, 1995; south county Housing In Appreciation of staff Assistance with Monterra village Applications; safeway In Appreciation of Administrative Assistance; safeway, Inc. In Appreciation of community Development Department in Expediting Approval Process~ Assistant Fire chief In Appreciation of Administrator's participation at Annual Retreat~ Assistant Fire Chief commendation to Fire Department Personnel regarding Recent Fire~ Assistant Fire Chief Recognition of Fire personnel during EMT Training Program~ city's Appreciation of south Santa Clara county Fire District's Assistance~ Pacific Gas & Electric Company In Appreciation of community services Department's Acknowledgment of Their Service to the community~ Marine Corps Reserve re: Toys for Tots campaign; community services Director's Inter-office Memo In Appreciation of customer Assistance~ San Jose Mercury News Article, December 10, 1995 re: Curfew Regulations~ Minutes of the Gilroy Visitors' Bureau Advisory council Meeting of November 9, 1995; santa clara cities Association 1996 calendar; Proclamation Issued by Mayor Gage: vietnamese community week - February 10-18, 1996~ League of California cities Bulletin #39 - 1995; Local Armory Daily closing Hours~ (council requested a letter be sent to the Emergency Housing Consortium to revert back to the original hours previously used; P & R Com. 11-21-95 Housing Task Force 6743 city's Response to Transportation Agency Membership and Meetings~ and USA Todav Article re: changing Behavior patterns of Youth in the community. ABAG update on Power purchasing pool Natural Gas Purchase. Noted the Minutes of the parks & Recreation Commission Meeting of November 21, 1995. Noted the Minutes of the Library & culture commission Meeting of December 12, 1995. Noted the Minutes of the Senior Advisory Board Meeting of November 20, 1995. Noted the Minutes of the Gilroy Golf club Meeting of December 5, 1995. Noted the Minutes of the Housing Element Implementation Task Force Meeting of December 14, 1995. city Administrator Baksa introduced Environmental Program Coordinator Menacho who gave an update on the citizens' Advisory Committee re: solid waste and Recycling. council concurred with the council/Administrator Retreat scheduled for February 9 and 10, 1996 at the Senior Center 7:00 p.m. to 10:30 p.m., and 8:30 a.m. to 4:00 p.m., respectively. city Administrator Baksa noted the Wellness committee calendars for sale at $3.00 each. city Administrator Baksa distributed and noted the police Department Report complete regarding the Gilroy High school security request to be agendized on the January 16, 1996 regular agenda to include the Curfew Center report and recommendation to be included in the January 16, 1996 agenda packet. council set January 29, 1996 at 7:00 p.m. as a Council study Session re: the 1996-2001 capital Improvement Budget. city Administrator Baksa noted the Luigi Aprea Fundamental School science Fair scheduled for February 27, 1996 at 8:00 a.m. to 11:00 a.m. requesting council to Judge the program. council- members springer, Morales, Gilroy, Gage and Rowlison noted they would attend and participate. city Administrator Baksa noted the supervisory Training scheduled to begin January 10 for four weeks. councilwoman Rogers requested that customer services be reviewed from the customer's viewpoint. councilwoman Rowlison gave an update on the South county Domestic Task Force Meeting and noted the Family county Clinic for free services in obtaining a restraining order. councilman Morales noted he participated in the FATS Training at the police Department and was impressed by same. councilman Valdez gave an update on the Transportation Agency Board Meeting and noted retired councilman Kloecker will be scheduled to receive a Certificate from the Agency for his services during his tenure. councilman Valdez gave an update on the finalization of the Train Depot Agreement. city Administrator Baksa noted councilman Kloecker should be recognized for his efforts in this accomplishment. 6744 Adjrnmt. councilwoman Rogers noted she participated in the FATS Training at the police Department and noted policy Advisory committee Meetings she attended including additional meetings representing the city. At 10:05 p.m. the Mayor adjourned the meeting. Respectfully submitted,