Minutes 1996/03/25
6774
Invocation
posting
Agenda
Roll call
Vol.Award
Consent
calendar
Res.95-11
, .
Imprvmts.
RDO Exemp.
,."":....,..,..,.~."c."..:...:.,..,-...,',.'c:"',,.':...'.,C' -',:.-"".'- :':'.c:'''::~'''.:.::'''''.'''i__:'._-''':'_''':'''-::';:
------_._----.-.,...--'-~~~--~_.._-
Regular Meeting
March 25, 1996
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
Pastor David Gish, Grace Evangelical Free Church, gave the
Invocation.
The city Clerk noted that the Agenda had been posted on
March 21, 1996 - 10:30 a.m.
Present: Councilmembers: K. A. Mike Gilroy, Charles S.
Morales, Connie Rogers, SuellenC. Rowlison, Thomas w. springer,
Pete valdez, Jr. and Donald F. Gage;
The Mayor presented the Volunteer of the Month of March,
1996, to Sunny Khadwala, volunteer service Program - community
services; BLES; and Engineering Division.
Motion was made, by Councilman valdez, seconded by Councilman
springer that the following items under the Consent calendar be
approved removing Item II. A. CBM capital Resources, Inc.
requesting RDO Exemption, Farrell Avenue for discussion and II.D.
Property Improvement Agreement #95-38 - Dewey Hewell to follow
VII.B. Introduction of New Business 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:
Adopted Resolution No. 95-11 granting additional time to
Falcon Cable to evaluate proposed rate increases;
RESOLUTION NO. 95 ~ 11
RESOLUTION
ADDITIONAL
INCREASE.
PASSED AND
vote:
AYES:
OF THE COUNCIL OF THE CITY OF GILROY GRANTING
TIME TO FALCON CABLE TO EVALUATE PROPOSED RATE
ADOPTED this 25th day of March, 1996, by the following
..
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None; and
Accepted Improvements for Pan Tempo properties, Inc. - Ronan
~vpnue a~ recommended.
Discussed proposed Agreement required ~f CBM capital
ResourcE,s, Inc. requesting an RDO Exemption, Farrell Avenue,
further explained by planner Faus.
Motion was made by councilman springer seconded by council-
man valdez that the RDO Exemption for CBM capital Resources, Inc.
willey ctr.
Pub.Hear.
Z 95-03
6775
be approved by the following Roll call Vote: Ayes: councilmembers:
Gilroy, Morales, Rogers, Rowlison, springer, Valdez and Gage and
directed staff to re-word the ROO exemption language as discussed
for revision at the annual time scheduled for amendments.
city Administrator Baksa presented a recommendation to
vacate award of the bid for the willey cultural Center project and
re-bid the project.
Motion was made by councilwoman Rogers seconded by council-
man Gilroy and carried that the award of bid for the willey
cultural Center project be vacated and authorization be given to
re-bid the project as recommended.
councilman valdez inquired about the Engineer'S Estimate for
the project.
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing on a zone change request to amend
the zoning Map from R1, RH, and PF to R1-PUD, RH-PUD and PF-PUD on
approximately 20.8 acres, on property located west of Santa Teresa
Boulevard, north of Longmeadow Drive, northeast and northwest of
the future extension of Rancho Hills Drive, and North of sunrise
Drive, valley Title Company (Arcadia Development Co. & Farotte
construction), Applicants, Z 95-03.
The staff Report was noted and further explained by Planners
Faus and stice and community Development Director Allen. Letters
from the neighborhood's concerns, applicants appeal on the
decision of the Planning commission and petitions protesting the
zone change were noted for the record.
councilman Valdez requested the cumulative effects on the
northwest quad area to date.
Chris steadley, EMC Planning Group, addressed the council in
regard to preparation of the Initial study of the project.
Discussion was had by council on the matter.
At 9:16 p.m. the Mayor declared a Recess and reconvened the
meeting at 9:26 p.m.
Mr. Chris steadley, EMC Planning Group consultants, further
spoke in regard to the Initial study preparation.
community Development Director Allen explained the prior,
present and future traffic patterns and the school safety routes
traffic patterns in the area.
The Mayor opened the Public Hearing and the following
addressed the council:
John Filice, representing the applicant and explained the
project.
Andrew Faber, Acting city Attorney noted that the Tentative
Map for this project cannot be approved until the puo is approved
because of the request for lot density transfer.
Lou Tersini, representing Arcadia Development explained the
lot sizes.
councilman Valdez requested a study of cumulative effects on
the northwest quad before approval of any new or future projects.
Morris Clark, 1450 Quail Walk Drive, spoke in opposition to
the project, with specific concerns of lowering the value of his
R1 lot if 4000 sq. ft. lots were allowed in future phases of the
project.
Sean Geiger, 9440 Eagle View way, noted that he was opposed
to the proposed project.
677G
Pub.Hear.
Welburn Ave.
Robert Kamangar, sunrise Drive property owner, recommended
that sunrise Drive be constructed for an access street.
Larry carrier, 9475 Eagle view Way, concurred with John
Filice regarding the issue of quality of building/houses
constructed on 4000 sq. ft. lots and questioned egress and ingress
from the project and recommended that sunrise Drive be constructed
for an access street.
Suzanne Bulle, 1480 Longmeadow Drive, opposed to the project
as it is proposed recommending that the PUD be denied as
recommended by the Planning commission.
Joe Norman, 9530 Eagle View Way, opposed to the density
transfer on an area where no tentative map has been prepared.
At 12:24 a.m. the Mayor declared a recess and reconvened the
meeting at 12:30 a.m.
Pamela Jones, Falcon Court resident, thanked the Planning
Division for their assistance at the time she has been researching
this proposal. she requested an EIR be prepared for this project
and submitted a letter regarding General plan concerns, noting a
three acre park is not sufficient for the area. She requested
that this project be incorporated with the Santa Teresa Task Force
study and that a PUD overlay should not be approved with no
tentative map submitted. she also spoke to the wildlife in the
area and noted the distribution list by the consultants in
preparing the initial study was not adequate and that additional
research should be required and requested mitigation measures with
respect to wildlife; concerned with endangered species. she
stated the fire safety and traffic impact has not been addressed
and does not agree with the density transfer formula.
chris steadley, EMC Planning Group, noted the process
followed in regard to the initial study preparation and
recommendation concerning the wildlife in the area.
sherri Filasoda, 9510 Eagle view Way, noted concern with
safety in a young neighborhood and her concern for pedestrians,
bicyclists, school buses and construction trucks all factors in
requesting the need for an additional access road.
Ron carter, Quail Walk Drive, opposed to approval of a PUD
with no tentative map on the transfer area and read a neighborhood
letter requesting council to uphold the Planning commission's
decision and deny the project.
Jack Quinnell, 1493 Longmeadow Drive, noted the cumulative
impact in the area and urged council to revisit the situation
before making a decision on the proposed project.
Kevin conant, 9445 Eagle view Way, noted that Eagle view way
has not been mitigated and noted the need for improvement of
Sunrise Drive. He noted some issues have not been addressed in
regard to emergency service to safety reasons. He noted the
traffic issue and fire response time on Eagle view Way had not
been mitigated. He submitted a petition of signatures that
request an additional access road.
After hearing no further comment from the audience, the
Mayor closed the Public Hearing. Motion was made by councilman
Gilroy seconded by councilman springer and carried that council
deliberations and Public Hearings on Tentative Map 95-02 and 95-03
be continued to April 1" 1996 regular council meeting.
councilwoman Rogers noted that the Tentative Maps for 95-02
and 95-03 were approved by the Planning commission and not denied
as noted on the Agenda.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider vacating a portion of Welburn
Avenue as a public street.
Res.96-12
Pub.Hear.
Leavesley Rd.
Res.96-13
6777
The staff Report was noted and further explained by city
Engineer Smelser.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Patrick Kieley, representing Flow starr, addressed the
Council and noted their property needs ingress and egress access
and that during construction of welburn Avenue improvements the
electrical service was shut off, electrical pole removed and water
shut off.
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. staff
noted they would contact P. G. & E. in regard to the Flow starr
property.
Motion was made by councilwoman Rowlison seconded by
councilman Valdez that the reading of Resolution No. 96-12 be
waived and that it be adopted vacating a portion of welburn Avenue
as a public street.
RESOLUTION NO. 96 - 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY VACATING A
PORTION OF WELBURN AVENUE AS A PUBLIC STREET.
PASSED AND ADOPTED this 26th day of March, 1996, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GILROY, MORALES,
SPRINGER, VALDEZ
None
None
ROGERS, ROWLISON,
and GAGE
The Mayor stated that it was the time and place scheduled
for a Public Hearing on intent to adopt a resolution of necessity
to commence eminent domain proceedings for the Leavesley Road
widening project.
The Staff Report was noted and further explained by city
Engineer Smelser noting a Public Meeting would beheld in regard to
the construction issue on April 9, 1996 at 7:00 p.m. in the senior
Center.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Messrs. Tim Gorsche and Ron Berri, property owners,
addressed the Council and noted the proposal would not allow
ingress and egress to and from their property and would be an
impact on their property.
Manuel "Lucky" Barozza addressed the Council and noted he
would lose access to the back portion of his property which is
used by his multi-purpose lease that provides for more than one
business on his property.
It was noted that staff would review both properties for an
attempt to negotiate these requests.
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.
Motion was made by councilman springer seconded by
Councilwoman Rogers that the reading of Resolution No. 96-13 be
waived and that it be adopted.
RESOLUTION NO. 96 - 13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF
6778
A/S 95-34
Res.96-14
Res.96-15
Imprvmt.
Agree.
PROPERTY AND DIRECTING THE COMMENCEMENT OF
PROCEEDINGS.
I PASSED AND ADOPTED this 26th day of March,
vote:
AYES:
EMINENT DOMAIN
1996, by the following
COUNCILMEMBERS:
GILROY, MORALES,
SPRINGER, VALDEZ
None
None
ROGERS, ROWLISON,
and GAGE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor continued A/S 95-34, Arcadia Development and
Farotte Construction Architectural and site Design Review to the
April 1, 1996 regular council meeting to be discussed after the
zoning and Tentative Map Issues.
A Resolution providing that Government code section 65402(a)
shall no longer apply to projects of a minor nature re: street
vacations was noted.
Motion was made by councilwoman Rogers seconded by
councilman Valdez that the reading of Resolution No. 96-14 be
waived and that it be adopted.
RESOLUTION NO. 96 - 14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PROVIDING
THAT GOVERNMENT CODE SECTION 65402(a) SHALL NO LONGER APPLY TO
PROJECTS OF A MINOR NATURE.
PASSED AND ADOPTED this 26th day of March, 1996, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, MORALES,
SPRINGER, VALDEZ
None
None
ROGERS, ROWLISON,
and GAGE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
A Resolution vacating portions of carlyle and Homer Avenues
and accepting dedication of a portion of Church Street was noted.
Motion was made by councilwoman Rogers seconded by council-
woman Rowlison that the reading of Resolution No. 96-15 be waived
and that it be adopted.
RESOLUTION NO. 96 - 15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY VACATING
PORTIONS OF CARLYLE AVENUE AND A PORTION OF HOMER AVENUE FOR USE
AS A PUBLIC STREET AND ACCEPTING THE DEDICATION OF A PORTION OF
CHURCH STREET.
PASSED AND ADOPTED this 26th day of March, 1996, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, MORALES,
SPRINGER, VALDEZ
None
None
ROGERS, ROWLISON,
and GAGE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Motion was made by councilman Valdez seconded by council-
woman Rogers and carried that Property Improvement Agreement #95-
38 - Dewey Hewell, et aI, be approved as recommended.
The following informational items were noted with no
separate discussion on same:
customer Service:
Inter-Office Memorandum In Appreciation of community
services from Fire Department re: Recent Assistance;
FBLA-Bay section chapter In Appreciation of Assistance at
Bay section conference;
citizen In Appreciation of Departmental Intern;
Inter-Office Memorandum from police chief to officer
Castaneda re: Gang Awareness;
P.& R.Com.
2-20-96
Housing Tsk
Force
Adjrnmt.
677B
Dispatch Article re: city Administer;
California constitution Revision commission, March 1996;
Legislative Summary, March 15, 1996;
city'S Response in support of AB 385, re: Funding for ABC;
city'S Response in support of SB 1977 re: Sales Tax;
Senator Feinstein's support of HR 1058/SB 240, re: Private
Securities Litigation Reform Act of 1995;
League of california Legislative Bulletin #11 - 1996; and
CalTrain Commuter Service - Gilroy Extension (south county)
proposed Reduction In service.
The Minutes of the Parks & Recreation Commission Meeting of
February 20, 1996 were noted.
The Minutes of the senior Advisory Board Meeting of February
26, 1996 were noted.
The Minutes of the Housing Element Implementation Task Force
Meeting of March 14, 1996 were noted.
city Administrator Baksa noted the Gavilan Library Grand
opening March 27, 1996.
city Administrator Baksa distributed a report on General
Fund History and Five Year projections.
city Administrator Baksa noted the Annual staff Retreat
scheduled for March 28 and 29, 1996.
city Administrator Baksa presented a request of the Santa
clara valley Health and Hospital system for the city to attach
bumper stickers on city vehicles re: Alcohol and Drugs. Council
had no objection to same.
councilman Valdez noted a Legislative Report is forthcoming.
councilwoman Rogers reported on the community services
League committee Meeting.
councilman Gilroy distributed a survey from the Gilroy
chamber of Commerce.
The Mayor noted the following meetings/events:
special council Meeting, Appeal Hearing re: Regulatory Bar
permit, club As de Oros, April 8, 1996, (time to be announced.)
council chambers, city Hall, 7351 Rosanna street, Gilroy; and
Public Meeting/Hearing, April 29, 1996 - 7:30 p.m., re:
Falcon cable TV, council chambers, city Hall, 7351 Rosanna street,
Gilroy.
At 3:20 a.m., Tuesday, March 26, 1996 the Mayor adjourned
the meeting.
Respectfully submitted,
~~~~