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Minutes 1994/06/06 "'T Invocation posting Agenda Roll call Cert.Serv. Consent calendar Hinutes '0'.' "~' '," ,.",,,,,., .,.. =,",-~;,.~"",,-,<~;.'c. ----~".,.~ G r-.: J {:l J __, Regular Meeting June 6, 1994 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Don Klonce, South Valley community Church gave the Invocation. The city clerk noted that the Agenda had been posted on June 2, 1994 at 9:56 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 a certificate of service to Dyan Tinsley, Retired Library & culture Commissioner. Motion was made by Councilman Kloecker, seconded by councilwoman Rowlison that the following items under the consent calendar be approved by the following Roll Call Vote: (Removing Item "E" PERS Resolution.) Ayes: Councilmembers: K. A. Mike Gilroy, Paul v. Kloecker, Charles S. Morales, connie Rogers, suellen C. Rowlison, Pete valdez, Jr. and Donald F. Gage; Approved the Minutes of the Regular Council Meeting of May 16, 1994; 651fl Budget Minutes Ord.94-6 Ord.94-7 Ord.94-8 Bids Pub.Hear. GPA 93-02 Approved Budget Amendments/Transfers as recommended; Approved the Minutes of the Regular council Meeting of May 23, 1994; Adopted Ordinance No. 94-6 aending Chapter 25B of the Gilroy city Code rlating to Transportation Demand Management under the congestion Management Program; ORDINANCE NO. 94 - 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 25B OF THE GILROY CITY CODE RELATING TO TRANSPORTATION DEMAND MANAGEMENT UNDER THE CONGESTION MANAGEMENT PROGRAM. PASSED AND ADOPTED this 6th day of June, 1994, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; Adopted ordinance No. 94-7 rezoning from Al and R3 to Rl- PUD on approximately 39.33 acres and to R3-PUD on approximately 13.42 acres, Thomas Road Properties, Ltd. and Glen Lorna Group, Z 93-02; ORDINANCE NO. 94 - 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING FROM Al (AGRICULTURE) AND R3 (MEDIUM DENSITY RESIDENTIAL) TO Rl- PUD (SINGLE FAMILY RESIDENTIAL, PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 39.33 ACRES, AND TO R3-PUD (MEDIUM DENSITY RESIDENTIAL, PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 13.42 ACRES, APNS 808-20-004, - 006, -011, -012, AND -016; PASSED AND ADOPTED this 6th day of June, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None; and ROGERS, Adopted Ordinance No. 94-8 rezoning from Rl to RI-PUD on approximately 13.4 acres, Willard Homes, Z 93-10. ORDINANCE NO. 94 - 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING FROM Rl (SINGLE FAMILY RESIDENTIAL) TO RI-PUD (SINGLE FAMILY RESIDENTIAL, PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 13.4 ACRES, APNS 783-21-005 AND -006. PASSED AND ADOPTED this 6th day of June, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, Acting city Attorney Faber presented and explained a recommendation to consent to substitution of Rain for Rent for Subcontractor of Gilroy Food Processor Rental Irrigation system. Motion was made by Councilman Kloecker seconded by councilman Valdez and carried to approve the recommendation to consent to substitution of Rain for Rent for subcontractor of Gilroy Food Processor Rental Irrigation system. Motion was made by Councilwoman Rogers seconded by Council- man Kloecker and carried that the continued Public Hearing to consider a General plan Amendment request to increase Residential Density on 10.2 acres from Low Density Residential to Medium Density Residential, located west of Kern Avenue, east of Santa Teresa Boulevard and north of welburn Avenue, along the planned Pub.Hear. Z 93-08 Pub.Hear. Maint. Dist. No. 1 6515 extension of Mantelli Drive, Filice Family Estates, GPA 93-02 to July 5, 1994 as requested by the applicant. (continued from 3- 212-94 and 4-18-94.) The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Zoning ordinance Text Amendment, city of Gilroy, applicant, Z 93-08. The staff Report was noted and further explained by city Administrator Baksa noting an additional recommendation of Geary Coats re: Section 50.62(b)(4). A letter from Tony Bettencourt requesting use of barbed wire/razor wire fences in C2 zones 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. Geary coats, representing two clients that the exempt affordable housing policy would apply, addressed the council and further explained his recommended changes to Section 50.62(b)(4). Tony Bettencourt addressed the council noting his need for requesting fencing for security purposes. Discussion was had by Council on the matter. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no further comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by councilman Kloecker seconded by Councilman Gilroy and carried to allow 75 units or less for policy statement on exempting affordable housing. Motion was made by councilmember Gage seconded by council- man Kloecker by the following Roll call Vote to allow barbed wire or razor type fencing on chain link fences where needed for security purposes in C2 zones: Ayes: councilmembers: Gilroy, Kloecker, Morales and Gage; Noes: Councilmembers: Rogers, Rowlison and Valdez. councilman Valdez recommended that no regional commercial be allowed west of the freeway. city Administrator Baksa suggested that this policy be discussed at a Study session and not at this Public Hearing. Motion was made by councilman Kloecker seconded by councilwoman Rowlison and carried that staff be directed to prepare an ordinance approving the zoning ordinance Text Amendments as discussed and modified. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider the Annual Benefit Assessment for Maintenance District No.1, city of Gilroy (country Estates), 1994-1995 Fiscal Year. Director of Public Works Allen noted the Engineer's Report as revised and further explained same and noting that staf.f met with the concerned property owners of the district. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed assessment. Ernie Speno, 2080 Hollyhock Lane, addressed the council requesting exclusion from the District for developed lots and that the assessment be applied to only the non-developed lots. Dan Perez, 2025 Rockrose court, addressed the council and noted his meeting with staff and opposed to perpetual water recycling system and the annual levy to only developed lots; further requested postponement of the annual levy for council to review the concept of same. 6516 Res.94-45 Intro.Ord. A/S 94-7 Norm Gravel, 2115 Hollyhock Lane, property owner within the District, addressed the council noting his concerns. 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. city Administrator Baksa thanked the property owners for their interest in the district and noted that the city would keep them informed of costs to maintain the district. council requested they be advised of progress reports regarding future costs of the Maintenance District. Motion was made by councilman Kloecker seconded by Councilman Valdez that the reading of Resolution No. 94-45 be waived and that it be adopted giving final approval to the Annual Budget and Engineer's Report, pursuant to Article IV of Chapter 12 of the city Code, overruling Protests and ordering the Levy and Collection of Benefit Assessments for 1994-1995. RESOLUTION NO. 94 - 45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGARDING MAINTENANCE DISTRICT NO.1, CITY OF GILROY, GIVING FINAL APPROVAL TO THE ANNUAL BUDGET AND ANNUAL ENGINEER'S REPORT, OVERRULING PROTESTS AND ORDERING THE LEVY AND COLLECTION OF BENEFIT ASSESSMENTS FOR THE FISCAL YEAR 1994-1995. PASSED AND ADOPTED this 6th day of June, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, The Mayor noted a proposed ordinance rezoning from Ml to MI-PUD to be combined with adjacent C3-PUD to become a consoli- dated M1/C3-PUD on approximately 26.65 acres located on the west side of San Ysidro Avenue, north of Leavesley Road, Glen Lorna corporation, Applicant. (Z 94-04) (Max Club) (Noting Public Hearing held 5-23-94). 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 Councilman Kloecker and carried that the proposed ordinance be introduced approving rezoning for Z 94-94 to be published by title and summary. A recommendation on A/S 94-7 (PUD) - Willard Homes was noted and further explained by Planning Director Dorn. Discussion was had by Council on the matter. . Motion was made by councilwoman Rowlison seconded by Councilman Kloecker and carried that A/S 94-7 be approved as presented and recommended. At 9:00 p.m. the Mayor declared a Recess in order to change the video tape and reconvened the meeting at 9:05 p.m. The Mayor recommended appointment of Councilman Gilroy as Alternate to the Santa clara county congestion Management Agency policy Advisory Committee (PAC) requested by the congestion Management Agency. Council concurred. The following informational items were noted with no separate discussion on same: Plan.Com 6-2-94 RD 92-16 M 93-7 Res.94-16 6517 Customer service: Patti Hale In Appreciation; Police chief's Inter-office Memorandum of Appreciation for Parks & Recreation staff Assistance; Equipment Maintenance Supervisor In Appreciation of Human Resources Assistance; Napa Morgan Hill In Appreciation of Park Facility and Recreation Services Manager; Police Chief's Inter-office Memorandum of Commendation to officer Ronnie Georges; Gilroy Gators' swim Team In Appreciation of Parks & Recreation Department; Police Chief's Inter-office Memorandum re: Letter of Appreciation to Dispatchers and Police Officers; city's Response to Legislative Bills; Leah Halper, Recent Library & culture commission Applicant; city of Palo Alto re: Emergency Housing Consortium's project; Minutes of Gilroy Visitors' Bureau Advisory Committee Meeting of April 14, 1994 and Financial statement october 1, 1993 through April 30, 1994 and Minutes of the Joint Chamber Visitors' Bureau Meeting of May 20, 1994; League of California cities Legislative Bulletins #19 & #20-1994; The Bridge Counseling Center In Appreciation of Funds; city's Response to Joint Venture Silicon valley Network's Request for Funds; and status of the city's Long Range Applications. Noted the report of the Planning commission Meeting of June 2, 1994. Noted the recommendation on RD 92-16 request by New cities Development Group for the purpose of affirming that proposed modifications to development scheme do not significantly deviate from approved project further explained by Planning Director Dorn. Discussion was had by Council on the matter. Motion was made by Councilwoman Rowlison seconded by Councilman Kloecker that the modifications to RD 92-16 be approved as presented. Noted recommendation on M 93-7 Santa Clara county Transpor- tation Agency Bus Shelter Advertising signage Program further explained by Planning Director Dorn and councilman Kloecker recommending staff to review locating a shelter at Wheeler Manor. Motion was made by councilman Kloecker seconded by councilman Gilroy that the reading of Resolution No. 94-46 be waived and that it be adopted endorsing and supporting the Santa clara county Transportation Agency Transit Shelter Advertising Program as recommended. RESOLUTION NO. 94 - 16 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF ENDORSEMENT AND SUPPORT FOR THE SANTA CLARA COUNTY TRANSPORTATION AGENCY TRANSIT SHELTER ADVERTISING PROGRAM. 6518 SCRWA Adjrnmt. PASSED AND ADOPTED this 6th day of June, 1994, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Noted the Minutes of the South county Regional Wastewater Authority Meeting of AprilS, 1994. city Administrator Baksa noted an update on the Water conservation program and noted santa clara valley Water District request for voluntary reduction of water. city Administrator Baksa noted a Progress Report on the Train Depot project. city Administrator Baksa noted cancellation of the city'S Lease of old Wells Fargo Downtown parking Lot. city Administrator Baksa distributed an article on worker's Compensation costs; information for the Joint Chamber/council study session of June 9, 1994; and proposed changes to the purchasing Policy for approval at the June 20, 1994 regular council meeting. city Administrator Baksa presented a draft copy of the councils' Goals & Objectives for council review of the format of same. councilman Gilroy gave an update on a GDDC Paint project. councilman Kloecker gave an update on the status of the P. G. & E. Building for the Youth center. councilwoman Rogers gave an update on the finalization of the Gifts for Guns project. councilman valdez gave an update on the CDBG Meeting and noted request for city'S contact person for the collaborative. The Mayor appointed councilman Valdez for said contact person. The Mayor noted the following meetings/events: Joint Gilroy city council/chamber of Commerce Board of Directors' study session, June 9, 1994 - 7:00 p.m., chamber of Commerce conference Room, 7471 Monterey street, Gilroy, CA 95020 re: Issues of Mutual concern; Gilroy city council study session, June 13, 1Y94 - 7:00 p.m., Employees' Lounge, city Hall, 7351 Rosanna street, Gilroy, CA 95020. re: Development Impact Fees; and Gilroy city council Exhibition wheelchair Basketball Game with Garlic Pressers, June 25, 1994 - 2:00 p.m., wheeler center. At 9:44 p.m. the Mayor adjourned the meeting. Respectfully submitted, A ~) ~) !t~ .-.t-Jti;-~ susanne E. steinmetz, city Cler~