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Minutes 1996/04/22 -. ',~"';;"".c.::_:9_<:"""-"'.~';''',i''"",-'''''_''~''',-""::,,,,-,_,,,,,,,>,, .'.'...,,,, ,.c."',_,,,-'-"'-"" """_"'<<:"'!"","''''~-&'!l,'''''',-.Si<:''-'_'''''''",.'l'r'...=.,....^_ ROGERS, ROWLISON, and GAGE GILROY, MORALES, SPRINGER, VALDEZ None None; COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NOES: ABSENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS AND REVOKING BAR PERMIT NO. 103355 ISSUED TO CLUB AS DE OROS AND JESUS MANUEL DE LA CRUZ. PASSED AND ADOPTED this 22nd day of April, 1996, by the following vote: AYES: RESOLUTION NO. 96 - 17 Adopted Resolution No. 96-17 making findings and revoking Bar Permit No. 103355 issued to club As de Oros and Jesus Manuel De La Cruz, at 7387 Monterey Street, Gilroy, CA; Authorized the city Administrator to execute an Agreement for purchase of P.G. & E. owned street lights; Approved Request of David Amusement Cascadia to operate a carnival at WalMart on May 6 through 12, 1996; Approved Budget Amendments/Transfers as recommended; Motion was made by councilwoman Rowlison, seconded by councilwoman Rogers that the following item under the Consent calendar, removing Item "G" re: Maintenance District #1 and Landscaping & Lighting District #2 be approved 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: The Mayor presented the Volunteer of the Month of April, 1996 Award to Lois Andreanos, community Services Department. Shelley Myers invited spectators and volunteers to the 18th Annual special 0 Track Meet, May 4, 1996 at 9:00 a.m. at the Gilroy High School and presented Council with Special 0 shirts. Present: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie Rogers, Suellen C. Rowlison, Thomas W. springer, Pete valdez, Jr. and Donald F. Gage. The city Clerk noted that the Agenda had been posted on April 18, 1996 - 9:40 a.m. Pastor Malcolm MacPhail, New Hope Community Church, gave the Invocation. The Mayor led the Pledge of Allegiance to the Flag. Regular Meeting April 22, 1996 Gilroy, California 6795 Res.96-17 P.G.& E. carnival Budget Consent calendar Volunteer spl.o Roll call Posting Agenda Invocation Res.96-18 Imprvmts. Maint.Dist. #1 & Light- ing #2 Res.96-19 Res.96-20 Res.96-21 Res.96-22 Adopted Resolution No. 96-18 designating a portion of Martin street as a one-way street; RESOLUTION NO. 96 - 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DESIGNATING A PORTION OF MARTIN STREET AS A ONE-WAY STREET. PASSED AND ADOPTED this 22nd day of April, 1996 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; and Accepted Improvements - welburn Avenue Improvement project #95-CD-431; and Discussed assessment proceedings for Maintenance District #1 and Landscaping & Lighting District #2. Acting city Attorney Faber explained technical wording changes in the resolutions and the formulas used for both districts were noted. Motion was made by councilwoman Rogers seconded by councilman springer that the reading of Resolutions No. 96-19; 96- 20; 96-21 and 96-22 respectively as amended be adopted. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR THE MAINTENANCE DISTRICT NO.1, FISCAL YEAR 1996- 1997. PASSED AND ADOPTED this 22nd day of April, 1996, by the following vote: AYES: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, DECLARING ITS INTENT TO LEVY ANNUAL ASSESSMENTS FOR MAINTENANCE DISTRICT NO.1, FISCAL YEAR 1996-1997. PASSED AND ADOPTED this 22nd day of April, 1996, by the following vote: AYES: NOES: ABSENT: NOES: ABSENT: RESOLUTION NO. 96 - 19 COUNCILMEMBERS: GILROY, MORALES, SPRINGER, VALDEZ None None; ROGERS, ROWLISON, and GAGE COUNCILMEMBERS: COUNCILMEMBERS: RESOLUTION NO. 96 - 20 COUNCILMEMBERS: GILROY, MORALES, SPRINGER, VALDEZ None None; ROGERS, ROWLISON, and GAGE COUNCILMEMBERS: COUNCILMEMBERS: RESOLUTION NO. 96 - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR THE LANDSCAPE AND LIGHTING DISTRICT NO. 2 CITY OF GILROY, COUNTY OF SANTA CLARA, CALIFORNIA, FISCAL YEAR 1996-1997. PASSED AND ADOPTED this 22nd day of April, 1996, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; RESOLUTION NO. 96 - 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO.2 CITY OF GILROY, COUNTY OF SANTA CLARA, CALIFORNIA, FISCAL YEAR 1996-1997. PASSED AND ADOPTED this 22nd day of April, 1996, by the following vote: -~ Equip. Pub.Hear. Z 95-09 Pub.Hear. Z 96-03 " 679? AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; NOES: ABSENT: City Administrator Baksa presented a recommendation on bids received for Body Armor further explained by city Administrator Baksa and Police Lt. Giusiana. Motion was made by councilwoman Rogers seconded by councilman Gilroy and carried that the bid of DeNio Enterprises in the amount of $447.12 per vest be awarded as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a rezoning from A1 (Agriculture) to R1-PUD (single Family Residential-Planned unit Development), and combine this newly designated R1-PUD property with existing R1-PUD and R3-PUD (Medium Density Residential-Planned Unit Development) property in order to create a consolidated PUD (planned Unit Development) combining district on approximately 38 acres, located on the west side of Thomas Road, north of Babbs Canyon creek, Z 95-09, Thomas Road Properties, Ltd., applicant. The staff Report was noted and further explained by Planner Durkin. Discussion was had by council regarding the sound wall recommendation that would be incorporated in the Tentative Map recommendation. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. Mr. Tim Filice, representing the owners addressed the Coun- cil further explaining the project and noted additional mitigation measures completed that were applied to the previous project. 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. Discussion was had by council regarding the mitigation measures. Motion was made by councilman springer seconded by Councilman Morales and carried that the Negative Declaration has been considered and approved, copies of which may be found and on file with the Planning Division, and findings have been made that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigation monitoring program be adopted. Motion was made by councilman Springer seconded by councilman Gilroy and carried that Staff be directed to prepare an ordinance approving rezoning of Z 95-09 as recommended. The Mayor stated that it was the time and place scheduled to consider a prezoning from County Agriculture A1 to C3 (Shopping Center Commercial-Planned Unit Development) on approximately 10 acres, on property at 8620 San Ysidro Avenue, north of Leavesley Road, Z 96-03, Ninomiya Nursery Co., Applicant. The staff Report was noted and further explained by Planner Durkin. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Ben Koda, representing the applicant, addressed the council and presented a chronological history of the property and the applicants intention to develop same. 6798 Z 9~-03 Res.96-23 TM 95-02 , I ~ ,: Res.96-24 TM 95-03 Res.96-25 A/S 95-34 ~ 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 Valdez seconded by councilman Morales and carried that staff be directed to prepare an ordinance approving the pre zoning application, Z 96-03 as presented. An ordinance approving the rezoning from Rl, RH and PF to R1-PUD, RH-PUD and PF-PUD was presented for introduction approving said rezoning 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, Z 9~-03, Arcadia Development Co. & Farotte construction, Applicants. (Public Hearing held and approved 4-1-96.) Mr. John Filice, addressed the council noting that he concurs with removing the PUD on the map and approve a density transfer only. Discussion was had by council on the matter. planner stice further explained condition #22 regarding the height of the Rl units set forth in the resolution approving A/S 95-34 for the subject project. 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 title of the ordinance was read. Motion was made by councilwoman Rowlison seconded by councilman Springer and carried that the proposed ordinance be introduced and published by title and summary. (Z95-03). Motion was made by councilwoman Rowlison seconded by councilwoman Rogers that the reading of Resolution No. 96-23 be waived and that it be adopted. RESOLUTION NO. 96 - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP TO CREATE 147 SINGLE FAMILY LOTS AND ONE REMAINDER PARCEL FROM APPROXIMATELY 112.2 ACRES, APNS 783-48-080, 783-49-056 AND PORTIONS OF 783-20-024, 783-20-030. PASSED AND ADOPTED this 22nd day of April, 1996, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Motion was made by councilwoman Rowlison seconded by councilwoman Rogers that the reading of Resolution No. 96-24 be waived and that it be adopted. RESOLUTION NO. 96 - 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP TO CREATE 147 SINGLE FAMILY LOTS AND ONE REMAINDER PARCEL FROM APPROXIMATELY 97.6 ACRES, APNS 783-20-024, 783-20-030. PASSED AND ADOPTED this 22nd day of April, 1996, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, SPRINGER, VALDEZ None None ROGERS, ROWLISON, and GAGE NOES: ABSENT: COUNCILMEMBERS: ~OUNCILMEMBERS: Motion was made by councilwoman Rowlison seconded by councilwoman Rogers that the reading of Resolution No. 96-25 be waived and that it be adopted. ~Calle del Rey Park 6'~q(.1. I~.. RESOLUTION NO. 96 - 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 95-34 (PUD), AN APPLICATION FOR ARCHITECTURAL AND SITE REVIEW APPROVAL FOR A PLANNED UNIT DEVELOPMENT (PUD) TO TRANSFER DENSITY AND CONSTRUCT DWELLING UNITS ON APPROXIMATELY 145.8 ACRES ON PROPERTY SUBJECT TO Z 95-03. PASSED AND ADOPTED this 22nd day of April, 1996, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, MORALES, SPRINGER, VALDEZ None None ROGERS, ROWLISON, and GAGE A recommendation to approve a Master plan of calle del Rey Park was noted and further explained by community services Direc- tor connelly and city Administrator Baksa. An oral presentation was given by Beals Landscape Architect. Discussion was had by Council in regard to incorporation of a Task Force for each neighborhood park and review of neighborhood parks already constructed and in use. councilwoman Rogers noted that the residents near San Ysidro Park want to improve same possibly through a grant. The Mayor noted that this issue would be addressed at the Peace summit scheduled for April 25, 1996. A letter from Gilroy Unified school District was noted in appreciation of the Community services Department Staff regarding calle del Rey Neighborhood Park Master Plan. The Minutes of the Parks & Recreation Commission Meeting of April 16, 1996 and recommendation to approve the Master plan for Calle del Rey Park was noted. Motion was made by Councilwoman Rogers seconded by Councilman Morales and carried that the Master plan of calle del Rey Park be approved as recommended by the Task Force and Parks & Recreation commission as presented. Community services Director connelly noted art exhibits will be moved to a non-city building and explained staff would work with the City Attorney to protect the liability. The following informational items were noted with no separate discussion on same: Customer Services: Foursquare Foothills Church In Appreciation of community services Department staff regarding their Easter celebrations at christmas Hill Park; Inter-Office Memos In Appreciation of officer Castaneda re: Information and Presentations re: Awareness on Gangs; Gilroy Youngster In Appreciation of Fire Department Trading cards; Proclamation Issued by Mayor Gage: Santa Clara County Council Scout Expo and Earth Day Week - April 14-20, 1996; League of California Legislative Bulletin, #14 - 1996; Draft of strategies to Balance Planned Growth & Agricultural viability in Areas south and East of Gilroy; Local Resident regarding Quality of Life in Gilroy; and Resolution Relative to Politeness in Politics. city Administrator Baksa noted a letter forwarded to all downtown merchants notifying them that the City would be making G8C)O minor repairs and clean-up between 6:00 a.m. and 10:00 a.m. April 25, 1996. councilman Gilroy noted the GDOC Board thanks the city. city Administrator Baksa noted the Volunteer Faire at Wheeler community Building April 27, 1996. city Administrator Baksa noted a newspaper article in the San Jose Mercury News regarding Gilroy. city Administrator Baksa distributed the first quarterly Financial Report for 1996. councilman Morales noted a draft of the Agricultural Preserve Task Force submitted in the packets and recommends a study session with the planning commission and other jurisdictions sometime in June. councilwoman Rogers gave an update on the ABAG Conference she and councilmembers springer and Gilroy attended. she suggested that the ROO applicants be invited to the study session regarding the Agriculture Preserve Task Force proposal. councilman Gilroy reported on the ABAG conference and dis- tributed copies of AB 2828 (Sweeney). The Mayor noted council previously took action and forwarded letters to legislators. councilman springer further reported on AB 2828 and urged everyone to lobby for same. He also noted that Gilroy should submit current innovative projects that we are presently doing and have not submitted at ABAG's conference for publicity on same. councilwoman Rogers reported that retired councilman Kloecker received an award at ABAG for his 11 year membership. councilman springer reported on the Inter-net connection available to the city and requests that the demonstrators at the ABAG Conference be invited to show their video to the city. city Administrator Baksa requested that they contact the city'S committee presently working on this subject. councilman springer presented a proposal for televising Gilroy Unified school District Board Meetings on Channel 34. The proposal was referred to staff for a report and recommendation. Discussion was had regarding a public access channel, governmental, etc. or three separate channels to be discussed at the April 29, 1996 public meeting with Falcon Cable. Heard from an unidentified member of the audience and visitor of the community regarding a community access TV channel in salem, oregon. The Mayor noted the following meetings/events: public Meeting/Hearing, April 29, 1996 - 7:30 p.m., re: Falcon cable TV, council Chambers, city Hall, 7351 Rosanna street, Gilroy city council study session, to immediately follow above Public Meeting, April 29, 1996, re: oiscussion of proposed Residential Development Ordinance Amendments; and Gilroy city council study session, May 1, 1996 - 7:00 p.m., re: Economic Development Incentive options, council chambers, city Hall, 7351 Rosanna street, Gilroy, CA 95020. At 9:07 p.m. the Mayor adjourned the meeting. Respectfully submitted, d~~~~