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Minutes 1994/11/21 65:~;O Invocation posting Agenda Roll Call Intro New Emps. Proclama- tion Emp.Award Consent calendar Minutes Ord.94-19 ord.94-20 Budget pub.Hear. TM 94-04 Regular Meeting November 21, 1994 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Malcolm MacPhail, First Assembly of God church, gave the Invocation. The city clerk noted that the Agenda had been posted on November 17, 1994 at 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 introduced New Employees: Bryan stice, planner I, and Tina S. Rodriguez, Public safety communicator I. The Mayor presented Beverly Nelson, Executive Director of South valley counseling, a Proclamation issued for "Family Week" November 20-26, 1994. The Mayor presented the Employee Award for the Month of october, 1994 to John Garcia, Recreation services Manager. Motion was made by Councilman Kloecker, seconded by Coun- cilman Valdez that the following items under the consent calendar be approved by the following Roll call Vote: Ayes: councilmem- bers: 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 November 7, 1994; Adopted Ordinance No. 94-19 requiring class "A" and class "C" roofs in designated areas of the city; ORDINANCE NO. 94 - 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REQUIRING CLASS "A" AND CLASS "C" ROOFS IN DESIGNATED AREAS OF THE CITY OF GILROY. PASSED AND ADOPTED this 21st day of November, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; Adopted ordinance No. 94-20 amending section 50.62 of the zoning ordinance relating to Residential Development; ORDINANCE NO. 94 - 20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 50.62 OF THE GILROY ZONING ORDINANCE RELATING TO RESIDENTIAL DEVELOPMENT. PASSED AND ADOPTED this 21st day of November, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None; and ROGERS, Approved Budget Transfers/Amendments as recommended. The Mayor stated that it was the time and place scheduled for a public Hearing to consider a Tentative Map request to TM 94-05 Santa Teresa corridor 6581 ~ subdivide five (5) parcels totalling 69.8 acres into a 112 lot single family subdivision, plus 4 remainder parcels to be known as the Hillcrest IV subdivision, located west of calle Del Rey, east of Rancho Hills Drive, south of Longmeadow Drive, Kaufman & Broad, applicants, TM 94-04. The staff Report was noted and further explained by Planning Director Dorn and Director of Public works Allen. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Augie Dent, representing Kaufman & Broad, addressed the council and noted that he would investigate the complaint of construction on the project beginning prior to 7:00 a.m. and requested that future complaints be referred to him. He further noted that the developers agree with and can meet the mitigation conditions as noted in the staff Report. councilman Valdez noted that he would furnish the developer with the Indian Tribal administration contact regarding any Indian remains referred to in condition #29. The Mayor asked if there was anyone further in the audience wishing to speak. There was no further comment from anyone in the audience. The Mayor closed the Public Hearing. Discussion was had by council on the matter. Motion was made by councilman Valdez seconded by councilman Kloecker 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 Councilman Valdez seconded by Council- woman Rogers and carried that staff be directed to prepare a resolution approving TM 94-04 to include the conditions as stated by staff. The Mayor noted that the Public Hearing on TM 94-05 was held october 17, 1994 on recommendation of the Planning commis- sion to approve a Tentative Map request of Thomas Road proper- ties, applicant, to subdivide approximately 13.53 acres into a sixty-four (64) lot single family residential subdivision, to be known as The vineyards at Thomas Road phase II, on property zoned RI-PUD (single Family Residential-planned Unit Development), located on the west side of Thomas Road, north of santa Teresa Boulevard and council action continued to November 21, 1994. city Administrator Baksa noted that the council/planning commission and Parks & Recreation commission held a study session in regard to the sound wall requirements on santa Teresa Boulevard. Motion was made by councilman Gilroy seconded by Councilman Morales that staff be directed to prepare a resolution approving TM 94-05 to include the conditions in the staff Report. A friendly amendment was made by councilwoman Rogers and carried to include soundwall requirements agreed upon at the Joint study session to include single level homes for the houses that back up to the soundwall and that same be continued for all developments from Castro valley to First Street. Motion was made by councilwoman Rogers seconded by councilman Morales and carried that establishment of a Joint city Council/Parks & Recreation/planning commission committee be accepted in concept to study the Santa Teresa Corridor and that staff be given time to prepare a recommendation on the make-up and tasks of said committee. For the benefit of the television audience, councilman Valdez noted that the developer of TM 94-05 agreed at the non- 6h:8. () ;) \.., ,...",r Res.94-79 commissions Affordable Housing No parking Dev.Fees televised Joint study session to cooperate with the city in regard to the soundwall requirements and bike trails proposed by the city for this project. A resolution denying A/S 93-10 (smith's Food & Drug center) previously denied without prejudice at the November 7, 1994 regular council Meeting was presented and explained by city Administrator Baksa. councilwoman Rogers noted that she would not discuss nor take part in the vote of this document, due to a conflict of interest. Motion was made by councilwoman Rowlison seconded by councilman Kloecker that the reading of Resolution No. 94-79 be waived and that it be adopted. RESOLUTION NO. 94 - 79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DENYING APPLICATION A/S 93-10, PLANNED UNIT DEVELOPMENT DESIGN APPROVAL, TO ALLOW CONSTRUCTION OF A 78,000 SQUARE FOOT MULTI-SERVICE GROCERY STORE ON A SITE LOCATED AT THE SOUTHEAST CORNER OF WREN AVENUE AND FIRST STREET, APN 808-12-012. PASSED AND ADOPTED this 21st day of November, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBER: GILROY, KLOECKER, ROWLISON AND VALDEZ MORALES and GAGE ROGERS Council tabled a decision on the city'S participation in an Economic Development Program with the Gilroy chamber of Commerce to the January 17, 1995 regular council Meeting as requested by the chamber. council set December 13 and 14, 1994 at 7:00 p.m., in the Employees' Lounge for interview dates regarding appointment of Commissions and Board terms expiring December 31, 1994 and unexpired terms. (It was noted that appointments are scheduled for December 19, 1994 regular Council Meeting.) Marie Juncker, Executive Director of South county Housing, addressed the council regarding establishment of a Housing Task Force for development of affordable housing. Director of Public works Allen presented a recommendation for "No parking Zone" on both sides of Church street, north of seventh street further explaining same. Motion was made by councilman Kloecker seconded by council- woman Rowlison and carried that staff's recommendation for "No parking Zone" on both sides of Church street, north of Seventh Street be approved with an exception of a handicap parking space immediately north of the Flores property at 7323 Church street. Heard from Mr. Fred Flores, 7323 church street, noting that he would be opposed to no parking in front of his property, but would agree with the installation of a handicap space immediately north of his driveway. It was noted that other heavily traveled streets would be investigated for possible no parking spaces at these intersec- tions; for example sixth & Alexander and church & Eighth streets suggested by Council. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Mr. Gary walton, 400 peoples Avenue, Morgan Hill, addressed the council requesting permission to pay development fees after issuance of building permits due to inability to obtain financing for his project of a fourteen lot subdivision on Kern Avenue. city Administrator Baksa requested time for staff to prepare a proposal and determination if same would be feasible. council concurred. Plan.com. 11-3-94 Pers.Com. Se-qf) ~ \.1 \) The following informational items were noted with no separate discussion on same unless noted: customer service: The Bridge counseling Center, Inc. in appreciation of parks & Recreation staff for assistance with Annual Golf Tournament BBQ and Fiesta; Local Resident In appreciation of Parks & Recreation Class; Fire Department Inter-office Memorandum in appreciation of Parks Division re: custodial services; Parks & Recreation Department in appreciation of contribution from starbird community center for Youth Program; santa Clara county cities Association selection Committee Meeting, December 8, 1994 - 7:00 p.m., sunnyvale city Hall. councilman Kloecker noted that he would represent the city at this meeting; Falcon cable re: subscriber Fees; Gilroy Sales Tax Digest; Letter to the Editor re: Falcon cable TV service; correspondence re: Garlic Country USA project: Paula N. Tice, cupertino in opposition; county of Santa clara are: Harper's Magazine Article; proclamations November 11, 1994; MoraleS-Meighan; Issued by Mayor Gage: Salute to Pete Garcia; veteran's Day - and Salute to Lisa city'S Comments on proposed county General plan Document; Tabulations on Measure A results re: Libraries. Councilman Kloecker noted that this letter was forwarded to the Editor of the Gilroy Dispatch and not printed in its entirety and requested a correction by the newspaper; American Association of university Women (AAUW) in appreciation of council chambers Facility for recent Forum; Minutes of the Gilroy visitors' Bureau Advisory committee Meeting of October 13, 1994 and Financial Transactions through september 30, 1994; San Jose Mercury News article re: Tree preservation Ordinance of palo Alto; News Article of Chuck Myer, former Associate planner re: Planning Directors; Appointment of Em Rojas to the steering Committee for the collaborative on Affordable Housing and Homeless Issues, Santa Clara county; and Gilroy community Youth Center schedule of Events 11-11-94 through 11-19-94. The Report of the Planning commission Meeting of November 3, 1994 was noted. The Minutes of the Personnel commission Meeting of October 10, 1994 were noted. Motion was made by councilman Kloecker seconded by council- man Gilroy and carried that the recommendation to remove height 65 8 1:\ P. & R.Com 10-20-94 Adjrnmt. and weight requirements for Public Safety Communicator and Part- time communicator positions be approved. The Minutes of the Parks & Recreation Commission Meeting of october 20, 1994 were noted. The Minutes of the senior Advisory Board Meeting of october 17, 1994 were noted. city Administrator Baksa noted an update on the Water Conservation Program. city Administrator Baksa distributed copies of an amendment to an RDA application and rating form; copies of an overview for a Municipal Golf Course to be reviewed at the pleasure of the council; information regarding the Tree Preservation ordinance research; and the proposed Anti-Graffiti Ordinance. city Administrator Baksa requested council consider a 1995 council Retreat date and location to be agendized November 28, 1994. The Mayor noted the annual candlelight Walk scheduled for November 30, 1994 to begin at 6:00 p.m. at the Gilroy Library. The Mayor noted community/Youth Center events and activities. He requested councilwoman Rogers contact John Garcia, Recreation Service Manager, for needed games that she may have contacts for from the Guns Event. councilwoman Rowlison reported that the Joint Venture silicon valley will meet December 1 from 7:30 - 10:00 a.m. and will transport anyone interested in attending. she noted that a forum will be held in the spring. councilman Morales noted that he is Chairman of the 1994 salvation Army christmas Kettle campaign. Need donations and volunteers: call 848-5373 at 220 W. 5th Street. councilwoman Rogers gave an update on the Visitors' Bureau and requested council consider requiring a brief contract or agreement with non-profit organizations receiving funds/grants for an accounting of the funds received from the city. councilman Kloecker gave an update on the congestion Management Agency noting intention of the agency to budget funds for staff purposes to assist the CMA Board members. The Mayor noted the following: Gilroy city council study session, December 12, 1994 - 7:00 p.m. Council Chambers, city Hall, 7351 Rosanna street, Gilroy, CA 95020 re: Review storm Drain utility concept; Information re: Flood study; and Discuss councilmembers Pay Increase and SCRWA Meeting November 22, 1994. At 9:15 p.m. the Mayor adjourned the meeting. Respectfully submitted, k ? c.n.J &.4 - Susanne E. steinmetz, ~