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Minutes 1993/08/16 Posting Agenda Roll Call Emp.Award Consent Calendar Minutes Budget Amend. RDO Res.93-46 re: Try American Day , ' '" ' , '} .,.1 "..,r ~..~ Regular Meeting August 16, 1993 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The Deputy City Clerk reported that the Agenda had been posted on August 12, 1993 at 3:08 p.m. Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Sara C. Nelson, Pete Valdez, Jr. and Donald F. Gage; Absent: Councilmembers: Paul V. Kloecker and Suellen C. Rowlison. The Mayor presented the Employee Award for the Month of July, 1993, to Evelyn Peterson, Account Clerk II - Finance Department. Motion was made by Councilman Gilroy seconded by Councilman Hale that the following items under the Consent Calendar be approved by the following Roll Call Vote, excluding Item A: Ayes: Councilmembers: Gilroy, Hale, Nelson, Valdez and Gage; Absent: Councilmembers Kloecker and Rowlison: Approved the Minutes of the Regular Council Meeting of July 16, 1993; Approved Budget Amendments/Transfers; Approved Implementation of RDO "rollover" Applications. Adopted Resolution No. 93-46 Declaring Labor Day, September 6, 1993, as "Try American Day"; i ' . . I '... '-; ;. "' ,y' l Dev.Agree. Res.93-47 El Protector Program Bids-Seal- ing. Well #3 Bids-Reel Fairway Mower Z 93-6 City of Gilroy TM 93-2 Marko Gera RESOLUTION NO. 93 - 46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING LABOR DAY, SEPTEMBER 6, 1993 AS "TRY AMERICAN DAY". PASSED AND ADOPTED this 16th day of August, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, NELSON, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: KLOECKER and ROWLISON; Approved Development Agreement, Project 93-20R with Kaufman & Broad South Bay, Inc., Longmeadow Drive as recommended. Adopted Resolution No. 93-47 approving the application and the project agreement for the El Protector Program; RESOLUTION NO. 93 - 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR THE EL PROTECTOR PROGRAM. PASSED AND ADOPTED this 16th day of August, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, NELSON, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: KLOECKER and ROWLISON; A recommendation to award the bid of Beylik Drilling, Inc. in the amount of $8,350.00 for Sealing Well No. 3 Forest Street Park was noted and further explained by Director of Public Works Allen. Motion was made by Councilwoman Nelson seconded by Council- man Gilroy and carried that the bid of Beylik Drilling, Inc. in the amount of $8,350.00 be awarded for Sealing Well No. 3 Forest Street Park as recommended. A recommendation for a self-propelled reel fairway mower for the Golf Course was noted. Motion was made by Councilman Hale seconded by Councilman Valdez and carried that the bid of Reed Equipment Co. in the amount of $39,214.24 be awarded for a self-propelled reel fairway mower as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider amending Section 50.45 of the Zoning Ordinance to update trash enclosure requirements to comply with the California Solid Waste Reuse and Recycling Act of 1991. The Staff Report was noted and further explained by Acting City Administrator Dorn. Motion was made by Councilman Gilroy seconded by Councilman Valdez and carried that the proposed ordinance be read by title only and waived further reading of the ordinance. Motion was made by Councilman Gilroy seconded by Councilman Valdez and carried that the proposed ordinance be introduced approving the Zoning Ordinance Amendment of Z 93-6 as presented to be published by title and summary. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Tentative Map request to sub- divide parcels totalling 1.244 acres into 18 lots for the devel- opment of condominium residences, plus a common area, located at the northeast corner of Eigleberry and Seventh Streets. ( Councilman Valdez declared himself absent, due to a conflict of interest. The Staff Report was noted and further explained by Acting City Administrator Dorn. Z 93-5 Edith Huang North Forest st. Assess. Dist. ~ " ~, .~1 \~j "\]1 Motion was made by Councilman Gilroy seconded by Council- woman Nelson, that the reading of Resolution No. 93-48 be waived and that it be adopted approving TM 93-2, with the deletion of condition '3. RESOLUTION NO. 93 - 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONDITION- ALLY APPROVING APPLICATION TM 93-02 FOR A TENTATIVE SUBDIVISION MAP FOR A NINETEEN-LOT RESIDENTIAL SUBDIVISION ON APPROXIMATELY 1.24 ACRES LOCATED ON THE EAST SIDE OF EIGLEBERRY STREET, BETWEEN SIXTH STREET AND SEVENTH STREET, APNS 799-08-047, -051, AND -060. PASSED AND ADOPTED this 16th day of August, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, NELSON, and GAGE. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: KLOECKER, ROWLISON, and VALDEZ The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a rezoning request from A1 (Agriculture) and R1 (Single Family Residential) Districts to R3 (Medium Density Residential) District on approximately 3.74 acres, located at the northwest corner of Church Street and Ronan Avenue. The Staff Report was noted and further explained by Acting City Administrator Dorn. Motion was made by Councilman Hale seconded by Councilwo[r~n Nelson and carried that the proposed ordinance be read by title only and waived further reading of the ordinance. Motion was made by Councilman Hale seconded by Councilwoman Nelson and carried that the proposed ordinance be introduced approving the rezoning of Z 93-5 as presented to be published by title and summary. Heard from Director of Public Works Allen regarding report on the North Forest Street Assessment District. Further heard from Bill Henry, John Heindel, and Ed Ness regarding the project. Motion was made by Councilwoman Nelson seconded by Council- man Gilroy, that the reading of Resolution No. 93-49 be waived and that it be adopted accepting the Report and Setting Hearings of Protests for the North Forest Street Assessment District. RESOLUTION NO. 93 - 49 RESOLUTION ACCEPTING REPORT AND SETTING HEARINGS OF PROTESTS NORTH FOREST STREET ASSESSMENT DISTRICT. PASSED AND ADOPTED this 16th day of August, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, NELSON, VALDEZ, and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: KLOECKER and ROWLISON Motion was made by Councilwoman Nelson seconded by Council- man Gilroy, that the reading of Resolution No. 93-50 be waived and that it be adopted Calling for Construction Bids for the North Forest Street Assessment District. RESOLUTION NO. 93 - 50 RESOLUTION CALLING FOR CONSTRUCTION BIDS NORTH FOREST STREET ASSESSMENT DISTRICT. PASSED AND ADOPTED this 16th day of August, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, NELSON, VALDEZ, and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: KLOECKER and ROWLISON .f --, ' .,'. ~ , ; , 1'.,) A/S 93-8 Marko Gera A/S 93-15 Glen Loma Infrastruc- ture Task Force Cruising Considered approval of a Planned Unit Development for the proposed construction of an eighteen unit residential condominium project, Marko Gera, applicant. Councilman Valdez declared himself absent, due to a conflict of interest. The Staff Report was noted and further explained by Acting City Administrator Dorn. Motion was made by Councilwoman Nelson seconded by Council- man Hale that the reading of Resolution No. 93-51 be waived and that it be adopted approving A/S 93-8 for the construction of an eighteen unit residential condominium project on a 1.24 acre parcel located on the east side of Eigleberry Street, between Sixth street and Seventh Street. RESOLUTION NO. 93 - 51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 93-08, AN APPLICATION FOR ARCHITECTURAL AND SITE REVIEW OF A PLANNED UNIT DEVELOPMENT FOR CONSTRUCTION OF AN 18 UNIT RESIDENTIAL CONDOMINIUM PROJECT, ON APPROXIMATELY 1.24 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF EIGLEBERRY STREET, BETWEEN SIXTH AND SEVENTH STREETS, APNS 799-08-047, -048, -049, -050, -051, and -060. PASSED AND ADOPTED this 16th day of August, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, NELSON, and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: KLOECKER, ROWLISON, and VALDEZ Considered approval of a Planned Unit Development for the proposed construction of Phase IV of the Gilroy Outlet Center. The Staff Report was noted and further explained by Acting City Administrator Dorn. Further heard from Craig Filice regarding the project. Motion was made by Councilwoman Nelson seconded by Council- man Gilroy that the reading of Resolution No. 93-52 be waived and that it be adopted approving A/S 93-15 for the construction of Phase IV of the Gilroy Outlet Center on an 18 acre parcel located north of Leavesley Road and east of San Ysidro Avenue, with an additional condition regarding shuttle service, and clarification that both right turns in and right turns out of Leavesley Road entrance are allowed. RESOLUTION NO. 93 - 52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 93-15, AN APPLICATION FOR ARCHITECTURAL AND SITE REVIEW OF A PLANNED UNIT DEVELOPMENT FOR DEVELOPMENT OF PHASE IV OF THE GILROY OUTLET CENTER, A COMMERCIAL RETAIL COMPLEX, ON APPROXI- MATELY 18 ACRES OF PROPERTY LOCATED NORTH OF LEAVESLEY ROAD AND EAST OF SAN YSIDRO AVENUE, APNS 835-04-017, -041 AND -042. PASSED AND ADOPTED this 16th day of August, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, NELSON, VALDEZ, and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: KLOECKER and ROWLISON Considered the Infrastructure Task Force, further explained by Director of Public Works Allen Motion was made by Councilwoman Nelson seconded by Councilman Gilroy and carried to not form an Infrastructure Task Force, but to have staff consider privatization of services. Considered an Anti-cruising Program, further explained by Assistant Chief Gardner. Motion was made by Councilwoman Nelson seconded by Council- man Gilroy and carried to change the penalty from an infraction Plan. Com. 8-5-93 SCRWA 7-17-93 ~. . .t :',,} to a misdemeanor. Motion was made by Councilwoman Nelson seconded by Councilman Gilroy and carried that the proposed ordinance be read by title only and waived further reading of the ordinance. Motion was made by Councilwoman Nelson seconded by Council- man Gilroy and carried that the proposed ordinance be introduced adding sections 15.14 to 15.16 to Chapter 15 of the Code of the City of Gilroy as presented to be published by title and summary. Noted consideration of the Resolution establishing No cruising zones. The matter was referred back to Staff for further review. Noted the following informational items with no separate discussion on same: Gilroy Police Department in appreciation of other Police agencies during Gilroy Garlic Festival; Mayor Gage in appreciation of Cal-pac Roofing, Incorporated for donation of roof for Las Animas Fire Station; Debbie Andrade in appreciation of Jay Baksa for Customer Service training; Chief of Police in appreciation of the Gilroy Dispatch for their article on the Police Explorer Post and the Explorer Post Advisor; Victory Outreach in appreciation for assistance with fund- raiser; Memorandum of Commendation for Corporal Al Morales; Memorandum of Commendation for Officer John Lara; Police Department Employee of the Month of April 1993, Officer Mike Terasaki and for the Month of May 1993, Multi Service Officer Angela Suniga; Planning Department Monthly Report of Long-Range Project Applications, August 1, 1993; Resolution of the Board of Supervisors of County of Santa Clara re: November 2, 1993 Ballot Measure on Proposed Continuation of One-Half Cent Sales Tax in Santa Clara County; Correspondence re: Transmittal of Resolutions from Member Cities for peninsula Division ConSideration/Ratification; Santa Clara County Cities Association September General Membership Meeting Rescheduled from October 14 to September 30, 1993; Correspondence re: Budget Modification and Report Back From July 13, 1993 Board of Supervisors' Meeting Regarding County Library Operating Fund; Proclamation Issued by Mayor Gage: Recognition of the Seventh Annual California Firefighters Burn Relay August 4 to 15, 1993. Noted the Report of the Planning Commission Meeting of August 5, 1993. Noted the Minutes of the South County Regional Wastewater Authority Meeting of July 17, 1993. Councilman Gilroy noted that Bill Bowen, South Valley Counseling had called the City regarding youth crossing Leavesley 1" ,1l} ( ~~ .J ....'J..J Adjrnmt. Road. Councilman Gilroy added his appreciation to that of Mr. Bowen's that the Director of Public Works had gone out personally to check on the d~~uation. Councilman Gilroy invited everyone to the Gang Task Force sponsored Golf Tournament on September 10, 1993 at the Gilroy Golf Course. Council agreed to hold a Study Session on August 30, 1993 at 7:00 p.m. regarding continued discussion on Violent Crime Report, unless Councilwoman Rowlison is not available. At 8:59 p.m. the Mayor adjourned the meeting. Respectfully submitted, J . :~)' / / , it..., / .', / 1 !( / / .' . / (/ J. It ilU/ v l__, - ( L ,-~L'. ) '-._/ Deputy City Clerk .