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Minutes 1992/07/20 .. ....-',..'-'.......,',.,. ,....... '_-<'~ __.. _. " ~ :\_~"';O"_"""'~'.~':~____ :>':::::_':'~":"".":-.,<u'::':E,,-:.:_"'~'-""'-;'" E 1''1.} Invocation Posting Agenda Roll Call II Regular Meeting July 20, 1992 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Roger Wisdom, Grace Evangelical Church gave the Invocation. The City Clerk noted that the Agenda had been posted on July 16, 1992 at 10:45 a.m. Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez Jr. and Donald F. Gage. New Emp. Emp.Award Consent Calendar Minutes Ord.92-9 Dr. T. Gallo Ord.92-10 Weed Abate. Ord.92-11 Council Mtgs. Claim-N. Aranda Agreements ~ '" '" '" .....} The Mayor introduced new employees: Brett Johnson, Police Officer and Donald Hartley, Traffic & Patrol Services Technician. The Mayor presented the Employee of the Month Award for June 1992, to Scot Lang, Landscape Maintenance Supervisor - Parks & Recreation Department. Motion was made by Councilman Valdez seconded by Councilman Kloecker that the following items under the Consent Calendar excluding Items B & H be approved as recommended by the following Roll Call Vote: Ayes: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage: Approved the Minutes of the Adjourned Regular Council Meeting of June 29, 1992; Adopted Ordinance No. 92-9 Granting the Appeal of Dr. T. Gallo and approving Z 91-08, placing PO (Professional Office) zoning on an approximately 2.436-acre property located at 655 Cohansey Avenue; ORDINANCE NO. 92-9 AN ORDINANCE OF THE CITY OF GILROY GRANTING THE APPEAL OF DR. T. GALLO AND APPROVING Z 91-08, PLACING PO ZONING ON AN APPROXIMATELY 2.436-ACRE PROPERTY LOCATED AT 655 COHANSEY AVENUE. PASSED AND ADOPTED this 20th day of July, 1992, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Adopted Ordinance No. 92-10 amending Sections 12.48 and 12.49 of the Gilroy City Code regarding Weed Abatement Procedures; ORDINANCE NO. 92-10 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 12.48 AND 12.49 OF THE GILROY CITY CODE REGARDING WEED ABATEMENT PROCEDURES. PASSED AND ADOPTED this 20th day of July, 1992, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; NOES: ABSENT: Adopted Ordinance No. 92-11 Amending Section 2.13(a) of the Gilroy City Code adding a fourth Monday at 7:00 p.m., as an additional Regular Meeting of the Gilroy City Council; ORDINANCE NO. 91-11 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 2.13(a) OF THE GILROY CITY CODE REGARDING REGULAR MEETINGS OF THE CITY COUNCIL. PASSED AND ADOPTED this 20th day of July, 1992, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None; NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Denied Claim of Nick Aranda as recommended; Approved Deferred Development Agreement 192-35 and Develop- ment Agreement 192-32 with Southpoint Outlet Mall, Phase III, Arroyo Circle; and , . t }\) Minutes Budget Salaries Res.92-65 Pub.Hear. Lyon/Arcadia Z 91-10 & TM 91-01 Approved the Minutes of the Regular Council Meeting of July 6, 1992. Discussed Item B under the Consent Calendar recommending approval of Budget Amendments/Transfers further explained by the City Administrator, approving same by the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Hale, Kloecker, Nelson, Rowlison, Valdez and Gage. Discussed Item H under the Consent Calendar recommending approval of a Resolution approving 1992 Salary Schedule for Fire, Miscellaneous and Management Personnel further explained by the City Administrator. Motion was made by Councilman Gilroy seconded by Councilman Kloecker that the reading of Resolution No. 92-65 be waived and that it be adopted approving same. RESOLUTION NO. 92-65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING 1992 SALARY SCHEDULES FOR FIRE, MISCELLANEOUS AND MANAGEMENT PERSONNEL. PASSED AND ADOPTED this 20th day of July, 1992, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, ROWLISON, VALDEZ and GAGE COUNCILMEMBER: NELSON COUNCILMEMBERS: None; NOES: ABSENT: The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a rezoning from R1 (Single Family Residential) District to R1-PUD (Single Family Residen- tial) Planned Unit Development District on approximately 48.7 acres located at the northwest corner of Santa Teresa Boulevard and Longmeadow Drive, The william Lyon Company and Arcadia Development Company, applicants, Z 91-10 and a Public Hearing to consider a Tentative Map request to subdivide 48.7 acres into 198 residential lots on property located at the northwest corner of Santa Teresa Boulevard and Longmeadow Drive, The William Lyon Company and Arcadia Development Company, applicants, TM 91-01. 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. Mr. Hank Young, MacKay & Somps Engineers, addressed the Council representing the applicant noting the applicants presence to answer any questions. The following residents in the area addressed the Council objecting to the proposed rezoning requesting that the zoning remain R1: Sharon Geiger, 9440 Eagle View Way; Fred Latimore, 9535 Eagle View Way; Thomas Lance, 925 El caminito; Shelton Berklin, 1740 Hawkins Drive, Los Altos, represent- ing the new owner of the lands of Noble, concerned with the ingress and egress on the property; Leeann Dow, 1434 Blackwing Way; Berry Brown, 9295 El Caminito; Ron Carter, Quail Drive; Jerry Rye, 1445 Blackwing Way; Weed Abate. 1;~ 1 i ;' 1 Emily Barrett, 1291 Longmeadow Drive; Jim White, 9219 Solano Drive; Gary Vaudreuil, 9202 Calle Del Rey; Kat Tucker, 9440 Eagle View Way; presenting an additional 16 signatures in opposition to the proposal; Rick Nida, 9292 El Caminito; and Suzanne Bolay, 1480 Longmeadow Dive. The Mayor closed the Public Hearing. Motion was made by Councilwoman Nelson seconded by Councilman Valdez and carried that the Negative Declaration be approved as completed in compliance with CEQA, as reflecting the Independent Judgement of the City and adopting the Mitigation Monitoring Program. Motion was made by Councilwoman Nelson seconded by Councilman Gilroy and carried that the reading of the proposed ordinance be read by title only. The Ordinance was read by title. Motion was made by Councilwoman Nelson seconded by Councilman Valdez and carried that the ordinance be introduced and published by title and summary amending the Zoning Ordinance by rezoning the 48.7 acre parcel at the northwest corner of Santa Teresa Boulevard and Longmeadow Drive from R1 (Single Family Residential) District to R1 PUD (Single Family Residential) Planned Unit Development District. Motion was made by Councilwoman Nelson seconded by Councilman Gilroy and carried that the Negative Declaration be approved as completed in compliance with CEQA, as reflecting the Independent Judgement of the City and adopting Mitigation Monitoring Program re: TM 91-01. Motion was made by Councilwoman Nelson seconded by Councilman Valdez that the reading of Resolution No. 92-66 be waived and that it be adopted approving an R1 Planned Unit Development subject to compliance with the plans, specifications and designs filed with the application, and the conditions imposed for development of that 48.7 acre parcel located at the northwest corner of Santa Teresa Boulevard and Longmeadow Drive, noting that the Tentative Map conditions would not apply until after the effective date of the Ordinance rezoning the property (9-2-92); RESOLUTION NO. 92-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONDITIONALLY APPROVING A TENTATIVE SUBDIVISION MAP TM 91-01 FOR A RESIDENTIAL SUBDIVISION OF 198 LOTS ON APPROXIMATELY 48.7 ACRES LOCATED AT THE NORTHWEST CORNER OF SANTA TERESA BOULEVARD AND LONGMEADOW DRIVE. PASSED AND ADOPTED this 20th day of July, 1992, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: The Mayor stated that it was the time and place scheduled for the Public Hearing on the Report of the Fire Chief and Assessments on abatement of weeds and refuse within the City. The Staff Report of the Fire Chief was noted. 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. ... ~; l GPA 84-01 Recess ABAG Motion was made by Councilman Kloecker seconded by Councilman Hale that the reading of Resolution No. 92-67 be waived and that it be adopted confirming the Report and providing that costs shall constitute assessments against the respective owners of land. RESOLUTION NO. 92-67 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COST SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAND. PASSED AND ADOPTED this 20th day of July, 1992, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None COUNCILMEMBERS: COUNCILMEMBERS: The Mayor continued the Council Action to consider a General Plan Amendment request of the City to adopt a new Circulation and Air Quality Element to its General Plan, and proposing a City-wide Traffic Impact Fee for new development, GPA 84-01, City of Gilroy Applicant, to the August 3, 1992 regular Council Meeting. (Public Hearing held 6-15-92.) The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. There was no comment from anyone in the audience. At 8:55 p.m. the Mayor declared a Recess and reconvened the meeting at 9:05 p.m. Council continued the Santa Clara County Cities Association re: ABAG Growth Management Discussions to the August 3, 1992 regular Council Meeting. The following informational items were noted with no separate discussion on same: Correspondence re: Regional Government/Governance: Assemblyman Areias re: SB 797; Senator Mello re: SB 797; Customer Service: Gilroy Police Officers' Wives Association in Appreciation; California Regional Water Quality Control Board in Appreciation of the use of Gilroy'S City ~ouncil Chambers; Inter-Office in Appreciation; Memorandum of Commendation to Police Officer Casteneda; Santa Clara County Amateur Radio Association in Appreciation; Marjorie Burchell in Appreciation of Response from 911 Call ; City's Opposition to SB 1538 (Kopp); South County Housing in appreciation. League of California Cities - Peninsula Division Meeting, July 2, 1992 - San Mateo; Plan Com. 7-2-92 SCRWA Funding re: Sidewalk/ Curb/Gutter MH Communi- cations SB161 ". ...... f .~ Police Chief's Appointment by Governor Wilson as a Member of the Advisory Committee on Juvenile Justice and Delinquency; state Budget: Gilroy Visitor's Bureau; League of California Cities, July 7, 1992; Hecker Pass - A Family Adventure; City's Response for support of Governor's Local Government Proposal; July 10, 1992 Response in Support; City of Saratoga Requesting Endorsement of their Resolution seeking to Amend the LTA Expenditure Plan so that the southerly Terminus of the Sunnyvale-Cupertino rail Extension would be in the Vicinity of Rainbow Drive and saratoga-Sunnyvale Road. Approval of a 1992 Community Arts Fund Grant. Falcon Cable TV Financial Statement. Police Officer Dan Renville, et ux In Appreciation. Noted Report of the Planning Commission Meeting of July 2, 1992. Noted the Minutes of the South County Regional Wastewater Authority Meetings of June 23, 1992 and July 9, 1992. Noted no update on the Water Conservation Program. City Administrator Baksa presented a recommendation on short-term funding sources for sidewalk, curb/gutter repair further explaining same and recommending to take no action until a full long-term plan is formulated. City Administrator Baksa noted the City's offer to Morgan Hill to provide dispatch services to the Morgan Hill Police and Fire Departments through the City's Communication System, noting Council will be kept informed of this issue. Councilwoman Rowlison requested that the discussion of monolithic sidewalks be agendized or set for a Council Study Session. Due to priorities and other meetings scheduled it was requested that this matter be discussed in September or October. The City Attorney explained SB l61 re: Phased Urban Limit Lines recommending the City oppose said legislation. Councilman Kloecker requested that this matter also be addressed at the Santa Clara County Cities Association. Motion was made by Councilman Hale seconded by Councilwoman Nelson and carried that the City Attorney write letters to the City's legislators in opposition to SB 161 as recommended. The Mayor requested that Councilmembers meet with the Japanese and Chinese Cities' Representatives in attendance at the Garlic Festival. City Administrator Baksa distributed the second Quarterly Report to Councilmembers. Councilman Kloecker requested that the Study Session scheduled for August 10, 1992 re: Discussion of General Plan Policies for the Land Use Element be televised. Motion was made ~; t;)O Adjrnmt. by Councilman Kloecker seconded by Councilman Valdez and carried by the following Roll Call Vote that the August 10, 1992 Council study Session be televised: Ayes: Councilmembers: Gilroy, Kloecker, Rowlison and Valdez; Noes: Councilmembers: Hale, Nelson and Gage. The Mayor noted the following meetings: Joint City/School Liaison Committee Meeting, July 22, 1992 - 5:30 p.m., Council Chambers, 7351 Rosanna Street, Gilroy, CA re: Discussion of Issues of Mutual Concern; Joint City Council/Planning Commission Study Sessions, July 27, 1992 - 7:30 p.m., Gilroy Senior Center and August 10, 1992 - 7:00 p.m., Council Chambers, re: Discussion of General Plan Policies for the Land Use Element; Annual Employees'/Council/Commission Barbecue, August 15, 1992, Christmas Hill Park; City of Gilroy Leadership Forums, Gilroy Senior Center Meeting Room, 7371 Hanna Street, Gilroy: 7:30 a.m. to 9:00 a.m., September 17, 1992 and November 19, 1992; and League of California Cities 94th Annual Conference, October 10th through October 13, 1992, Los Angeles Bonaventure and Convention Center. At 9:45 p.m. the Mayor adjourned to an Adjourned Regular Meeting, July 27, 1992 - 7:00 p.m. Respectfully submitted, ,4~y~~