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Minutes 1996/06/03 6818 Invocation posting Agenda Roll call Regular Meeting June 3, 1996 Gilroy, california The Mayor led the Pledge of Allegiance to the Flag. Pastor Malcolm Macphail, New Hope community church, gave the Invocation. The Mayor announced that prior to this meeting the council held a closed session pursuant to Government code sections 54956.8 and 59456.6 and took no action on the matter. The city clerk noted that the Agenda had been posted on May 30, 1996 - 8:35 a.m. present: councilmembers: K. A. Mike Gilroy, charles s. Morales, connie Rogers, Thomas w. springer, Pete valdez, Jr. and Donald F. Gage; Absent: councilmember: Suellen c. Rowlison. Cert.Serv. Consent Calendar Res.96-3~ Budget Pub.Hear. CUP 96-01 Res.96-37 walton Appeal 6819 The Mayor presented a certificate of service to Patti Hale regarding the Summer Concert series that she was instrumental in scheduling. Motion was made by councilwoman Springer, seconded by councilwoman 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, Thomas W. Springer, Pete valdez, Jr. and Donald F. Gage; Absent: Councilmember: suellen C. Rowlison: Adopted Resolution No. 96-3' authorizing the city Administrator to execute State-Local Transportation partnership Program (SLTPP); RESOLUTION NO. 96 - 3' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM MASTER AGREEMENT NO. SLTPP- 5034, AND THE PROGRAM SUPPLEMENT AGREEMENT FOR THE LEAVESLEY ROAD WIDENING PROJECT (PROJECT #: SB96-5034(002). PASSED AND ADOPTED this 3rd day of June, 1996 by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: GILROY, MORALES, VALDEZ and GAGE None ROWLISON; and ROGERS, SPRINGER, Approved Budget Amendments/Transfers as recommended. Continued the Hearing to June 17, 1996 (requested by applicant) to consider an appeal on the decision of the Planning commission regarding a Conditional use Permit pursuant to Zoning Ordinance Section 15.20 and 18.30, to allow the operation of a card room in the C3 (Shopping Center Commercial) zoning District, at 353 E. 10th street, suites F and G - R. J. Dyer, General Partner, Orchard Center Investors, Applicant, CUP 96-01. Motion was made by councilwoman Rogers seconded by council- man springer that the reading of Resolution be waived and that it be adopted approving General plan Amendment 95-04 amending certain noise policies of the General Plan. RESOLUTION NO. 96 - 37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GPA 95-04 AMENDING CERTAIN NOISE POLICIES OF THE GENERAL PLAN. PASSED AND ADOPTED this 3rd day of June, 1996 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ROGERS, SPRINGER, VALDEZ and GAGE COUNCILMEMBERS: GILROY and MORALES COUNCILMEMBER: ROWLISON; and An appeal of Patrice and John walton on the decision of the city regarding city Code Section 20.60 and 20.61, re: visibility obstruction at the southeast corner of Fourth and princevalle Streets was noted. The Staff Report was noted and further explained by City Engineer Smelser. Mr. Adams addressed the Council regarding locations he believed to be in violation at the time he was required to correct the visibility restriction of a wall in front of his property that to date have not been corrected. Mr. Walton addressed the Council and noted exceptions to the Zoning ordinance allowed in the ci.ty of Palo Alto and urged the City to consider such an ordinance in Gilroy. An unidentified person addressed the Council inquiring about enforcement only based upon complaint. 6 0" (.') J 1:;"\ Mr. Miguel Paredes, church street, addressed the Council and noted there is a similar visibility problem at his residence of a tree blocking view of a stop sign and that he continually prunes the tree to maintain visibility. The Mayor asked if there was anyone further in the audience wishing to speak on the issue. There was no comment from anyone in the audience. The city Attorney addressed the issue of discrimination and noted that the Code section must be enforced if the encroachment is determined to be in violation of the ordinance; that facts may be found in this case that are different than those of the Adams' violation. Discussion was had by Council on the matter. Motion was made by Councilman Gilroy seconded by Council- woman Rogers and carried that the appeal be denied and staff be directed to work out a time period based on a landscape architect retained by the owner to suggest a schedule that the height of the hedge could be notched in order to preserve the hedge and that said schedule be completed within six (6) months as evidence that an effort will be made to correct the visibility problem at the Walton residence; staff to approve the proposed time schedule and proposed pruning that must correct the visibility problem. The following informational items were noted with no separate discussion on same: Customer Service: Gilroy Unified school District in appreciation of Museum staff; Reedley (Fresno County) Newspaper Article re: Gilroy Fire Department Rescue; and 1996; League of California cities Legislative Bulletin #20 _ Alert Publication #8, May 21, 1996; city Administrator Baksa presented a recommendation regarding broadcasting of school Board Meetings on Channel 34 and explained same. Motion was made by Councilman Springer seconded by Council- woman Rogers and carried to extend the offer to the school Dis- trict to allow school Board Meetings to be broadcast on channel 34 on a temporary basis with tapes to be delivered and prepared by the school Board; said broadcasts subject to periodic review and if an additional channel becomes available, it be pursued. City Administrator Baksa distributed a draft of the Economic Incentive policy for Council review. city Administrator Baksa noted a letter to the Mayor regarding Domestic violence Registry; that same would be budgeted but allow the Police Chiefs' Association to work out the details. City Administrator Baksa noted a grant available under the Volunteer Program re: Disaster Outreach for the community Work- shop June 22, 1996, 8:30 a.m. to 1:30 p.m., at the High School. Councilwoman Rogers gave an update on the Downtown Concert Series. Councilman Gilroy noted noted a Rucker School Theater of Arts Play at Christmas Hill Park. The Mayor noted the following meetings/events: Adjrnmt. 6321 Gilroy City Council study session, June 5, 1996, 7:00 p.m., Council Chambers, city Hall, 7351 Rosanna street, Gilroy, re: 1996-2001 Financial Plan; Downtown summit Town Meeting, June 9, 1996 - 1:30 p.m. to 4:30 p.m., senior center, 7371 Hanna street, Gilroy; and santa Clara County cities Association Presents Dr. Ronald Heifetz, Director of the Leadership Program, June 24, 1996 - 2:30 p.m. - 5:30 p.m., Mountain View Center for the performing Arts. Councilwoman Rogers noted a reception for the Arts show from 6-8 p.m. At 8:45 p.m. the Mayor adjourned the meeting. Respectfully submitted,