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Minutes 1996/05/20 680G Invocation Posting Agenda Roll call Emp.Award Consent Calendar Budget Res.96-29 Ord. 96-6 Ord.96-7 , Regular Meeting May 20, 1996 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Father Jim Wilson, st. stephen's Episcopal Church, gave the Invocation. The city clerk noted the Agenda had been posted on May 16, 1996 - 8:40 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. The Mayor noted the presentation to council by the Gilroy Browns has been postponed. The mayor presented the Employee Award for the Month of April, 1996, to Steve Ynzunza, communications Supervisor and Police Reserve Officer. The Mayor noted that the presentation acknowledging officer Ron Latham has been postponed for re-scheduling. Motion was made by Councilman Valdez, seconded by council- woman Rogers that the following item under the Consent Calendar 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: Approved Budget Amendments/Transfers as recommended; Adopted Resolution No. 96-29 approving reorganization of Pacheco Pass Reorganization 95-02; RESOLUTION NO. 96 - 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING PACHECO PASS REORGANIZATION 95-02 BY ANNEXATION OF CONTIGUOUS PARCELS TOTALING APPROXIMATELY 6.8 ACRES TO THE CITY OF GILROY AND DETACHMENT FROM SOUTH SANTA CLARA COUNTY FIRE DISTRICT AND SANTA CLARA COUNTY OPEN SPACE AUTHORITY, A 95-02. PASSED AND ADOPTED this 20th day of May, 1996, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, MORALES, SPRINGER, VALDEZ None None; ROGERS, ROWLISON, and GAGE Adopted Ordinance No. 96-6 adding Section 21.130 to the city Code providing for repayment to city of costs advanced for rights- of-way or improvements. ORDINANCE NO. 96 - 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING SECTION 21.130 TO THE GILROY CITY CODE PROVIDING FOR THE REPAYMENT TO CITY OF COSTS ADVANCED FOR RIGHTS-OF-WAY OR IMPROVEMENTS. PASSED AND ADOPTED this 20th day of May, 1996, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; Adopted ordinance No. 96-7 pre zoning from county Agricul- tural to C3-PUD, Z 96-03, Ninomiya Nursery Co. , Ord.96-8 Ord.96-9 Res.96-30 claims CDBG Funds 630~, ORDINANCE NO. 96 - 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY PRE-ZONING FROM COUNTY AGRICULTURAL TO c3-PUD (SHOPPING CENTER COMMERCIAL - PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 10 ACRES, Z 96-03, APN 835-04-018. PASSED AND ADOPTED this 20th day of May, 1996, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; Adopted Ordinance No. 96-8 rezoning from A1 to R1-PUD and combining with R1-PUD and R3-PUD, 38 acres, Z 95-09, Thomas Road properties. ORDINANCE NO. 96 - 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING CERTAIN PROPERTY FROM A1 (AGRICULTURE) TO R1-PUD DEVELOPMENT) AND COMBINING THIS NEWLY DESIGNATED R1-PUD PROPERTY WITH EXISTING R1- PUD AND R3-PUD (MEDIUM DENSITY RESIDENTIAL - PLANNED UNIT DEVELOPMENT) PROPERTY TO CREATE A CONSOLIDATED PUD (PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 38 ACRES, Z 95-09, A PORTION OF APN 808-20-006, -011, AND -016. PASSED AND ADOPTED this 20th day of May, 1996, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; Adopted Ordinance No. 96-9 rezoning from R1 to R1-PUD, 10.3 acres, south county Housing, Z 95-10. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING FROM R1 (SINGLE FAMILY RESIDENTIAL) TO RI-PUD (SINGLE FAMILY RESIDENTIAL-PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 10.3 ACRES, APNS 790-47-001, 002 AND 003, Z 95-10. PASSED AND ADOPTED this 20th day of May, 1996, by the following vote: AYES: NOES: ABSENT: ORDINANCE NO. 96 - 9 COUNCILMEMBERS: GILROY, MORALES, SPRINGER, VALDEZ None None; ROGERS, ROWLISON, and GAGE COUNCILMEMBERS: COUNCILMEMBERS: Adopted Resolution No. 96-30 approving Reorganization of San Ysidro Reorganization 96-02. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING SAN YSIDRO REORGANIZATION 96-02 BY ANNEXATION OF A PARCEL TOTALLING APPROXIMATELY 10 ACRES CONTIGUOUS TO THE CITY OF GILROY AND DETACHMENT FROM SOUTH SANTA CLARA COUNTY FIRE DISTRICT AND SANTA CLARA COUNTY OPEN SPACE AUTHORITY, A 96-02. PASSED AND ADOPTED this 20th day of May, 1996, by the following vote: AYES: NOES: ABSENT: RESOLUTION NO. 96 - 30 COUNCILMEMBERS: GILROY, MORALES, SPRINGER, VALDEZ None None; ROGERS, ROWLISON, and GAGE COUNCILMEMBERS: COUNCILMEMBERS: Denied claims of Rosanne sallee, Teresa Heredia and Marina Holladay as recommended; Approved HUD Final Allocation of CDBG Funds; 6808 Res.96-31 SCRWA city Treas. Res.96-32 Imprvmts Tree Planting willey ctr. Las Animas Addition Adopted Resolution No. 96-31 authorizing acquisition of permanent easement from southern pacific Transportation Company for Leavesley Road widening project. RESOLUTION NO. 96 - 31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE ACQUISITION OF A PERMANENT EASEMENT FOR CONSTRUCTION OF ROADWAY IMPROVEMENTS ACROSS 4,717 SQUARE FEET OF LAND LOCATED TO THE EAST OF MONTEREY STREET AT THE INTERSECTION OF LEAVESLEY ROAD FOR THE AGREED TO AMOUNT OF $54,245.00. PASSED AND ADOPTED this 20th day of May, 1996, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; Appointed councilman springer to south county Regional wastewater Authority (SCRWA) replacing Councilman Morales; Appointed Michael Dorn, Administrative services Director as city Treasurer; Adopted Resolution No. 96-32 authorizing officers who may conduct financial transactions on behalf of the city. RESOLUTION NO. 96 - 32 RESOLUTION OF THE COUNCIL OF THE RESOLUTION NO. 95-60 AUTHORIZING FINANCIAL TRANSACTIONS ON BEHALF PASSED AND ADOPTED this 20th day vote: AYES: CITY OF GILROY AMENDING OFFICERS WHO MAY CONDUCT OF THE CITY OF GILROY. of May, 1996, by the following NOES: ABSENT: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; and Accepted Improvements for city Hall Landscaping project 95-PR-10 and Uvas creek Park Preserve channel Restoration, project 95-PR-421. city Administrator Baksa presented a recommendation to award the bid of Perma-Green Hydroseeding for tree planting at $89.00 per tree. Motion was made by councilwoman Rogers seconded by council- woman Rowlison and carried that Perma-Green Hydroseeding be awarded the bid for tree planting at $89.00/tree as recommended. city Administrator Baksa presented a recommendation to award the bid of Sanchez Inc. in the amount of $197,000.00 for the willey cultural Center project further explained by Park supervisor Headley. Motion was made by councilwoman Rowlison seconded by councilman Morales and carried that the bid of sanchez, Inc. in the amount of $197,000.00 be awarded for the willey cultural Center Project as recommended. city Administrator Baksa presented a recommendation to award the bid of Perma-Green in the amount of $132,300.00 for Las Animas Park Tennis court Addition further explained by Park supervisor Headley. Motion was made by councilwoman Rogers seconded by councilman Valdez and carried that the bid of Perma-Green in the amount of $132,300.00 be awarded for Las Animas park Tennis court Addition as recommended. Assmt.Dist walkway Repair,etc. Pub.Hear. GPA 95-04 Pub.Hear. TM 96-02 6809 city Administrator Baksa presented a recommendation to award the bid of NBS Lowry in the amount of $9,380.00 for Assessment District Administrative services. Motion was made by councilman Gilroy seconded by councilman Morales and carried that the bid of NBS Lowry in the amount of $9,380.00 be awarded for Assessment District Administrative services as recommended. City Administrator Baksa presented a recommendation to award the bid of Perma-Green Hydroseeding in the amount of $22,400.00 for concrete walkway repair and related projects. Motion was made by councilwoman Rowlison seconded by councilman valdez and carried that the bid of Perma-Green Hydroseeding in the amount of $22,400.00 be awarded for concrete walkway Repair and related projects as recommended. The Mayor noted that it was the time and place scheduled for a Public Hearing to consider a General plan Text Amendment request to amend the General plan Document, section III, Natural Environ- ment - policies - Noise, for the purpose of modifying acceptable sound level limits and setting forth the required location of measurement, GPA 95-04. The staff Report was noted and questions answered by planner stice. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Tim Filice addressed the council representing Glen Lorna Corporation concurring with the recommendation and urging council to support the proposed amendment. 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 Rogers seconded by council- woman Rowlison that staff be directed to prepare a resolution increasing the maximum permissible outdoor noise level for resi- dential properties from 58 to 60 decibels as recommended by the following Roll Call Vote: Ayes: councilmembers: Rogers, Rowlison, springer, Valdez and Gage; Noes: Councilmembers: Gilroy and Morales. Motion was made by councilwoman Rowlison seconded by councilwoman Rogers that staff be directed to prepare a resolution approving the recommendation to decrease the maximum permissible indoor noise levels from 48 to 45 decibels under Table 2 from Chapter III Page 7, Gilroy General plan by the following Roll Call vote: Ayes: Councilmembers: Gilroy, Morales, Rogers, Rowlison, Springer, Valdez and Gage. Motion was made by councilwoman Rowlison seconded by Coun- cilwoman Rogers that staff be directed to prepare a resolution approving the recommendation to establish a required location of noise measurement for residential properties under Tables 1 and 2 footnote #1, Chapter III, Page 7, Gilroy General plan by the following Roll Call Vote: Ayes: Councilmembers: Rogers, Rowlison, springer, Valdez and Gage; Noes: Councilmembers: Gilroy and Morales. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Tentative Map request of silicon Valley Diversified, Inc. to subdivide a portion of a parcel approximately 2.36 acres into a 22 Lot single Family Reside~tial subdivision, located along the west side of Church street, TM 96-02. The staff Report was noted and further explained by Planner Faus. 6310 Pub.Hear. Z 96-04 Pub.Hear. Z 96-01 The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. ~ Mr. Dave Lazarus, representing Silicon Valley Diversified, addressed the Council concurring with staff recommendation and present to answer questions. 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. Motion was made by Councilman Gilroy seconded by Council- woman Rowlison staff be directed to prepare a resolution approving ™ 96-02 as recommended by the following Roll call Vote: Ayes: Councilmembers: Gilroy, Morales, Rogers, Rowlison, Springer, Valdez and Gage. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Zoning Ordinance Text Amendment request of CBM capital Resources, Inc., applicant, Z 96-04 to amend the city's Zoning Ordinance, specifically sections 50.62(b)(3) and (b)(4) application of ordinance (Residential Development ordinance), as it affects affordable housing projects. The Staff Report was noted and further explained by Planner Durkin. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. The following addressed the Council: Mr. Hensey, representing CBM Management Group explained the management of affordable housing and noted that they concur with all conditions and staff recommendations. Dennis Lalor, representing the south County Housing noted concurrence with the proposed amendment. Edward Mackie, partner of CBM, noted the project to be below-income affordable housing that meets all federal and statement requirements for 55 years. The city Attorney recommended modification and re-wording of the amendment from the staff recommendation. Motion was made by Councilman springer seconded by council- man Gilroy and carried that staff be directed to prepare an ordinance approving the zoning ordinance Text Amendments as modified and revised. The Mayor stated that it was the time and place scheduled to consider a Zoning Ordinance Text Amendment request to amend the city's Zoning ordinance in several areas including section 18.30, Commercial Use Table; section 19.30, Commercial site and Building Requirements Table; section 22.30, Industrial Use Table; section 31, off-street parking Requirements; and section 37, Sign Regula- tions. Also a proposal to remove the Historical Neighborhood designation on the Zoning Map from property located at 7496 Hanna street currently zoned R1-HN, city of Gilroy, Applicant, Z 96-01. The Staff Report was noted and further explained by planner Durkin. The city Attorney recommended reV1S10n in Item #4 (Street Furniture policy requirement of certificate of insurance but not to be submitted at the time of business license renewal.) The Mayor asked if there was anyone in the audience wishing to speak on the proposal. Jane Howar.d, representing the Gilroy chamber of Commerce, addressed the c uncil noting that they are in agreement with Staff recommendation regarding the proposed amendment. Maint.oist #1 & Land- scape & Light.Dist.#2 Blight ord Reg.Com. Type Uses 6811 The Mayor asked if there was any further comment from anyone in the audience. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Discussion was had by council on the proposal. Motion was made by councilman Gilroy seconded by council- woman Rowlison and carried that staff be directed to prepare an ordinance approving the zoning Ordinance Text Amendments as modified and revised. At 9:20 p.m. the Mayor declared a Recess and Reconvened the meeting at 9:30 p.m. The Mayor stated that it was the time and place scheduled for Public Meetings required by section 54954.6 of the Government code for public input regarding Intention to Levy Assessments for Maintenance District #1, Fiscal Year 1996-1997 and for Landscaping and Lighting District #2, Fiscal Year 1996-1997, noting that the Public Hearings are scheduled for June 24, 1996 regular meeting. The staff Reports were noted and formulas explained by Engineer Nunes as follows: Maintenance District #1 - $480.00 (per development unit) - country Estates; $413.00 - The Forest and $372.00 - carriage Hills; Lighting & Landscaping District #2 - $304.87 per development unit - The vineyards-Thomas Road. The Mayor asked if there was anyone in the audience wishing to speak on the proposals. Ms. Joy Zuras, Babbs canyon creek, inquired about the proposed assessment. would contact Ms. Zuras in regard to the District #2 and proposed fees for same. addressed the council and staff noted that they Lighting & Landscaping The Mayor asked if there was anyone further in the audience wishing to speak in regard to the Districts. There was no further comment from anyone in the audience. A recommendation to introduce an ordinance adding Chapter 5B "Blighted properties" to the Gilroy city Code to establish procedures for remedying conditions which constitute blight was noted. councilman Gilroy recommended that council not take action at this meeting to allow the chamber of Commerce to present input prior to the introduction of the ordinance. council concurred and requested that the Hispanic chamber; GDDC and commercial Realtors be contacted in addition to the Chamber of Commerce for their input. The staff Report was noted and further explained by Assistant Fire Chief Ledesma. Discussion was had by council on the proposed ordinance suggesting modification and revisions to same and requested the ordinance be re-agendized on the July 22, 1996 regular meeting agenda. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. There was no comment from anyone in the audience. A proposed amendment to clarify issues involving "Regional Commercial" type uses was noted. council requested that ~ame also be referred to the chamber of Commerce, etc. for their L1put and defer action until the July 22, 1996 regular council meeting. 6812 Affordable Housing sister city Plan.com. 5-2-96 A/S 96-03 A concern of Affordable Housing Network was noted and the staff report further explained by City Administrator Baksa noting that he would give council an update from time to time regarding this issue. A request to establish a sister city Relationship between Chung-won County, Korea and the city of Gilroy was noted and further explained by the Mayor. councilman valdez volunteered to attempt to obtain additional information on the subject prior to council action on same, requesting that the matter be re-agendized on the May 28, 1996 Council agenda. The following informational items were noted with no separate discussion on same except as noted: customer service: Private Industry council, Sonoma county In Appreciation of city'S Fleet staff; Dispatch carrier In Appreciation of Fire Department; Inter-office Memo commending carol Ponzini for Assistance In Retrieving a citizen's Drivers License; Gilroy Gang Task Force In Appreciation of community services Department's Assistance in preparing for Charity Ball Event; MACSA In Appreciation of community services Department's Assistance in preparing for Art Fair Event; special Olympics Area Director In Appreciation of Mayor Gage for participation in Track and Field Meet; Almaden cycle Touring club In Appreciation of John Garcia, special Events coordinator for coordinating Use of Las Animas Facilities foe their 1996 Tierra Bella Event; Local Resident re: Falcon Cable TV Franchise: Peter Baez re: Church street Landlords and community Activist; Economic Development Office Program Plan; councilman Gilroy requested that Bill Lindsteadt present the plan to Council at a study session; League of california cities Legislative Bulletins #17 and #18 - 1996; supervisor Honda re: proposed Domestic Partners' Registry; santa Clara county Police chiefs' Association In Apprecia- tion of Roy sumisaki, police Chief's Assistance in Chairing Avoid The 13 and co-chairing sober Graduation; Concerned citizens of Santa clara county Domestic Partners update; and community services Department In Appreciation of Tree Donation and Planting at Christmas Hill Park Addition. The Report of the planning commission Meeting of May 2, 1996 was noted. A/S 96-03 planned unit Development (Phase III) Silicon valley Diversified, "Park Commons" was noted, located at the Northwest Corner of Mantelli Drive and Church street further explained by planner Faus. CR 95-5 Housing Task Frc 6313 Motion was made by councilwoman Rogers seconded by councilman valdez and carried that staff be directed to prepare a Resolution approving z/s 96-03 as recommended. A recommendation on county Referral CR 95-05, connie & Ernie Bellezza, applicants, re: proposed Golf Driving Range within the city's General plan area was noted, to be located on the south side of Las Animas Avenue, East of u.s. Highway 101 further explained by planner Faus noting that staff recommended the application to be inconsistent with the General plan. He noted that the Planning commission reviewed the application and determined that the application is consistent with the city's General plan policies. Discussion was had by council on the matter. Motion was made by councilman springer, seconded by councilman valdez by the following Roll call vote that the proposed project be endorsed and that the council concurs with the planning commission recommenda- tion that the application is consistent with the city's General plan and that the county be notified of the city's action: Ayes: councilmembers: Gilroy, Morales, springer, Valdez and Gage; Noes: councilmembers: Rogers and Rowlison. The report of the Housing Element Implementation Task Force Meeting of April 25, 1996 was noted. city Administrator Baksa noted the update on Water conservation Program. city Administrator Baksa distributed the volunteer program for more Youth Involvement Guide for Junior High and High School students. city Administrator Baksa distributed copies of the Performance Audit of the Record and communications Division under the police Department. city Administrator Baksa presented the 1996-2001 Financial plan of the city. council set June 5, 1996 as a study session for same. The Mayor reported on a fishing trip scheduled for the Youth Center participants for sunday. I The Mayor gave an update on the Grant for the Youth Center noting guarantee of $15,000 and to be matched if the community can raise $35,000 the Grantor would approve a like amount; noting funds would be applied toward purchase of the Youth Center property. city Administrator Baksa noted police Department goals and objections as discussed at the Retreat to be presented to council at a future meeting. councilwoman Rowlison gave an update on the Annual Clean-up project at Rogers Lane. She also gave an update on the conservation Corp. meetings. The Mayor noted Gang Task Force meetings back on schedule and progress of committee's Reports. councilman Morales gave a report on the Agricultural Task Force, noting he and councilmembers Rogers and springer attended the Water District Hearing regarding water rates and that the water District is considering a rate break for the Agriculture Preserve areas. councilman Valdez reported on the Neighborhood Clean-up on Rogers Lane noting they are expecting playground equipment from the city. 6814 Adjrnmt. Councilwoman Rogers reported on meetings: Water District Board Hearing May 14, 1996; Neighborhood Meeting scheduled from the Peace summit; Train to Santa Cruz (Suntan Special) noting city's concerns and efforts regarding regional/transportation efforts; Visitors' Bureau social schedule for Tecate Reception 4:30-6:00 p.m. and tour of the Wineries, Gilroy Foods and christopher Ranch; 6:00 p.m. Meeting scheduled at the chamber for property and business owners regarding interest in urban ecology for the Downtown. Councilman Gilroy gave an update on a Peace Builders Meeting that he and Councilman springer attended re: Economic Development SubCommittee Workshop and job openings (part-time and full) at the outlets. Councilman Springer noted that at the Peace Summit EDC committee now changed to the Economic Development Committee to assist with Youth Training Jobs; 5-21-96 7:30 a.m. Meeting with the Gilroy Chamber to review the Ag Study Report and further reviewed at 1:30 p. m. at the Board of Supervisors; 5-21-76 Chamber Meeting of Downtown Issues on Urban Ecology and he noted that the Downtown Summit Town Meeting has been rescheduled to June 9, 1996 at 1:30 p.m. to 4:30 p.m. at the senior Center. At 11:16 p.m. the Mayor adjourned the meeting. Respectfully submitted,