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Minutes 1996/04/01 6730 Invocation posting Agenda Roll call Regular Meeting April 1, 1996 Gilroy, california The Mayor led the Pledge of Allegiance to the Flag. Pastor Eric smith, south valley community church, gave the Invocation. The Mayor announced that at 6:00 p.m. council had a special Meeting for a closed session pursuant to Government code section 54956.7 and took no action; no report. 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, suellen c. Rowlison, Thomas w. springer, Pete Valdez, Jr. and Donald F. Gage; supervisor Honda gave a presentation re: Domestic Partner Issue. The following letters and information regarding the issue were noted: James Lewis opposed to a Domestic Partner Registry; Harry Merker opposed to a Domestic Partner Registry; Peter Baez in Favor of a Domestic Partner Registry; and Additional Letters in opposition. The following persons in the audience addressed the council: Pastor Eric smith, opposed to a Domestic Partner Registry and distributed informational copies of other churches in the San Jose area also in opposition; Kevin conant, 9445 Eagleview Way, opposed to a Domestic Partner Registry; Peggy s. vicente, Concerned citizen of Santa clara county, requesting additional study on this type of relationship; James Lewis, Palo Alto, noting the city and county of San Francisco to be the only county in the state of California that offers this type of program, along with approximately six cities, and urges the city to oppose a Domestic Partner Registry; George Swenson, San Jose, opposed and requests council to take similar action; Richard Borghi, Mt. view, opposed and thanks council for studying the issue; carol collier, in favor of a Domestic Partner Registry and requests council to consider the issue. Peter Baez, 7000 church street, supports the current issue; and Patty Rink, Gilroy resident, opposed to the issue. Following questions answered by supervisor Honda and council discussion, council took the following action: Motion was made by councilman Gilroy seconded by councilman springer and carried by the following vote to oppose establishment of a Domestic Partner Registry and requested the county be notified of their action: Ayes: councilmembers: Gilroy, Morales, Rowlison, springer and Gage; Noes: councilmembers: Rogers and Valdez. At 8:20 p.m. the Mayor declared a Recess and reconvened the meeting at 8:30 p.m. ord.96-4 Res.96-16 Pub. Hearing Z 95-03 6781 Motion was made by councilman Valdez seconded by councilman springer that the following items under the Consent calendar be approved: Ayes: councilmembers: Gilroy, Morales, Rogers, Rowlison, springer, Valdez and Gage: Adopted Ordinance No. 96-4 amending section 16.32 of the city code and adding section 16.32-1 relating to regulation of skateboards, etc.; ORDINANCE NO. 96-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 16.32 OF THE GILROY CITY CODE AND ADDING SECTION 16.32-1 RELATING TO THE REGULATION OF SKATEBOARDS, ROLLER-SKATES, IN-LINE SKATES AND OTHER SIMILAR WHEELED DEVICES. PASSED AND ADOPTED this 1st day of April, 1996, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Approved the Minutes of the Regular Council Meeting of March 18, 1996; and Adopted Resolution No. 96-16 authorizing filing of applica- tion with california Integrated Waste Management Board for a Tire Recycling Management Fund Grant Program; RESOLUTION NO. 96-16 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA TIRE RECYCLING MANAGEMENT FUND UNDER THE CALIFORNIA TIRE RECYCLING ACT BY THE COUNTY OF SANTA CLARA FOR PROJECTS IN THE UNINCORPORATED AREA OF SOUTH COUNTY AND THE CITIES OF GILROY AND MORGAN HILL. PASSED AND ADOPTED this 1st day of April, 1996, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; NOES: ABSENT: The Mayor noted that the Public Hearing on Z 95-03 re: valley Title Co., was held March 25, 1996 and this is the time and place scheduled for continued council deliberations re: said 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, and northeast and northwest of the future extension of Rancho Hills Drive, and north of sunrise Drive. Additional letters of opposition were noted. community Development Director Allen addressed the council in regard to the developer agreeing to construction of sunrise Drive and noted that staff recommends this condition be included in the mitigation measures on Tentative Maps TM 95-02 and 95-03. A memo from Fire chief Gillespie was noted concerning response time. planner stice further explained the density transfer issue questions of Council. Chris steadly, representing EMC consultants, answered council questions regarding the expanded Initial Study for carriage Hills. Motion was made by councilman Gilroy seconded by Council- woman Rogers and carried that the Negative Declaration be approved, findings be made that there is no substantial evidence 6782 Pub.Hear. TM 95-02 Pub.Hear.re: TM 95-03 that the project will have a significant effect on the environ- ment, and that mitigation monitoring program be adopted as amended. council requested a study session be scheduled to discuss the cumulative effects and impacts of the entire area. Motion was made by councilman Gilroy seconded by councilman Morales and carried that staff be directed to prepare an ordinance approving rezoning as modified to include approval of the density transfer in the RH and PF areas. The Mayor explained council action taken to the audience. The Mayor stated that it was the time and place scheduled for a Public Hearing on the Tentative Map request to subdivide parcels totalling approximately 112.2 acres into a 147 lot single Family Residential subdivision, together with one remainder lot of approximately 80.4 acres, on property located as noted above (Z 95-03), TM 95-02, same applicants. The staff Report was noted and further explained by Brain stice, Planner. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. John Filice, applicant, addressed the council noting his presence to answer questions if any. Kevin Conant addressed the council requesting a larger neighborhood park for the area and requested an additional condition to include construction of sunrise Drive. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by councilman springer seconded by council- man Gilroy and carried that staff be directed to prepare a resolution approving said Tentative Map request to include the 25 conditions, noting the additional condition to require construc- tion of sunrise Drive. The Mayor stated that it was the time and place scheduled for a Public Hearing on a Tentative Map request to subdivide parcels totalling approximately 97.6 acres into a 147 lot single Family Residential subdivision, together with one remainder lot of approximately 65.8 acres, on property as noted above (Z 95-03), TM 95-03 (Same applicants). The staff Report was noted and further explained by Brain stice, Planner. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Kevin conant, Eagleview Way, addressed the council re: townhouses. Kat Tucker, addressed the council opposed to three story condos or town homes and requested a larger neighborhood park for the area. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by councilwoman Rowlison seconded by councilman springer and carried that staff be directed to prepare a resolution approving said Tentative Map request to include the 23 conditions, 22 as recommended with an additional condition to require construction of sunrise Drive. A/S 95-34 6783 A/S 95-34, valley Title Co. (c/o Arcadia Development Co. & Farotte Construction), applicants, Architectural and site Design review was noted for a PUD on approximately 200.8 acres proposed to be zoned R1-PUD, RH-PUD and PF-PUD for approval of the overall project design and lot configuration of 247 dwelling units on property located west of Santa Teresa Boulevard, north of Long- meadow Drive and northeast and northwest of the future extension of Rancho Hill Drive and north of sunrise Drive. The staff Report was noted and further explained by Brian stice, Planner. Motion was made by councilman springer seconded by councilman Morales that staff be directed to prepare a Resolution approving A/S 95-34 with modifications noted. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Kevin Conant, Eagleview Way, addressed the Council and noted contact with staff re: Z 95-03; TM 95-02 & 03 and A/S 95-34 was positive and agrees that council listened to all concerns for these projects and suggested the address radius for property owner notification of public hearings regarding zoning and tentative map issues be extended from 300 feet notification to 1,000 feet. Pamela Jones echoed Kevin Conant's comments. Councilwoman Rogers thanked those concerned for the neighborhood and city and for their input. The following informational items were noted with no separate discussion on same: customer service: Letters of Appreciation for Recreation coordinator's Efforts; community services Department In Appreciation of Assistance from Eliot School re: After-School program; city of Hollister In Appreciation of Gilroy's community services staff Assistance in Employee selection Process; UNISYS In Appreciation of cooperation of city's Finance Division staff; community Development Department's Inter-office Memo In Appreciation of Administrative secretary's Assistance; sunny Khadwala, volunteer of the Month, In Appreciation; Inter-office Memo from police Department to Fire Department re: High School Training Program; Proclamation Issued by Mayor Gage: Honoring Beverly Nelson, Retiring Executive Director of South valley counseling center; Legislative summary update, March 22, 1996; city'S Response supporting prop.197 re:Mountain Lion Issue; city'S Response supporting AB 2828 re: Property Taxes; League of California cities Legislative Bulletin #12 - 1996; Advent Group Ministries In Appreciation of 1996 CDBG Funds; councilwoman Rowlison re: Establishment of a Local Conservation corps; 678/1 Notice of order re: Ignacia Gaeta v. city of Gilroy, et al Petitioner/Plaintiff's Petition for Issuance of writ of Mandate; and stakeholders' Group re: standards for Local Businesses. City Administrator Baksa noted an update on Water Conservation Program. city Administrator Baksa noted staff Retreat conducted last week. city Administrator Baksa noted the community services Department In support of Friday Night Jams Program. Recommended RFP process begin 7-1-96. council concurred. The Mayor thanked participants of the st. Joseph's Fund Raiser. councilwoman Rowlison requested that council policy regarding councilmembers Ride Along/Observation of Police Activities be agendized for discussion. councilwoman Rowlison noted that city logo pins are available for distribution. councilman Morales complimented Kids Discover Arts' Program and victory outreach Activities. councilman Valdez noted a Transportation Agency seminar workshop regarding new Measure A. councilwoman Rogers complemented staff regarding "Kids Discover Arts" Program. councilwoman Rogers noted Mayor Hammer's Press Conference re: AB 2828 requesting the city's representatives be contacted in support of AB 2828. councilwoman Rogers gave an update on a meeting she attended in Burbank re: Domestic Violence and Treatment of the Media. councilman Gilroy thanked community service officers and community services Department for the successful Downtown Clean-up project. councilman springer gave an update on the Handball Tourna- ment and Basketball on the east side of town and encouraged more of these activities. He also suggested the courts be repainted and suggested the Basketball Game with the Garlic Pressers be re- scheduled. 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: Fal- con cable TV, Council Chambers, city Hall, 7351 Rosanna street, Gilroy. At 11:40 p.m. the Mayor Adjourned to a special Meeting, April 8, 1996, council Chambers, city Hall, 7351 Rosanna street, Gilroy, re: Appeal Hearing on Regulatory Bar permit, club As de Oros, time to be announced. Respectfully submitted, 4~~~~