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Minutes 1984/01/16 14962 Jan ua ry 16, 1984 Gilroy, California ~ Mayor Hughan led the Pledge of Allegiance to the Flag. The Regular Meeting of the Gilroy City Council was called to order by Her Honor Mayor Roberta H. Hughan' at 8:01 p~m. Roll Call Certifi cates of Service ",..... Consent Calendar L Minutes Claim Def. Dev. Agree. Brd. of Appeals Hearing-A. Tri nchero Bids re: Vacant Lot- Welburn Ave. - 4963 Present: Council Members: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, John E. Pate, Pete Valdez, Jr. and Roberta H. Hughan. The Mayor noted a Certificate of Service for Muriel Brem, retired Library & Culture Com~issioner, not present. The Mayor presented a Certifi cate of Service to Geral d M. t,1cConnon, retired Parks and Recreation Commissioner. Motion was made by Councilman Pate seconded by Councilman Valdez that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Albert, Gage, Kloecker, Mussallem, Pate, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of January 3, 1984; Denied a Personal Injury Claim of David M. Sanchez; Approved a Deferred Development Agreement with Dana L. & John W. Dollar as recommended; and Set February 6, 1984, as a hearing on appeal of the decision of the Building Board of Appeals denyinq a request of Andrew Trinchero re: handi- cappe9, bathrooms for property at 430 First Street. City Administrator Baksa reported on bids received for a city-owned vacant lot on Welburn Avenue near Wren Avenue, west of the fire station. He noted a bid from Ronald C. Erkskine in the amount of $36,500 contingent on a sewer hookup, recommending F)5~ bidder's bond be in force until the moratorium is removed for sewer hookups as an option agreement with the bidder being allowed to pay the remaining balance following removal of the moratorium. Mati on was made by Council man Pate seconded by Council man Gage and carried that the bid of Mr. RonaldC. Erskine be accepted as recommended requesting the City Administrator to prepare the proper agreement. The Mayor requested that speakers on the following public hearings limit their proposals and avoid repetition. Pub.Hear. re: The Mayor stated' that it .was the time and place scheduled -for a Weed Abate. Public Hearing on objections to proposed destruction or removal of weeds constituting a public nuisance. Res. #84-5 ,.... L Pub. He a r. re: GPA 83-1 J. Filice She asked if there was anyone present in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman ~~lIssal1em seconded by Councilman Kloecker and carried that the Public Hearing be closed. Motion was made by Councilman Mussallem seconded by Councilman Kloec- ker that the reading of Resolution No. 84-5 be waived and that it be adopted instructing the Fire Chief to abate the nuisance arising out of weeds grow- ing upon lots or in front 0f rroperty in the City. RESOLUTION NO. 84-5 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY INSTURCTING THE CHIEF OF THE FIRE DEPARTMENT TO ABATE NUISANCE ARISING OUT OF WEEDS GROWING UPON LOTS OR IN FRONT OF PROPERTY IN THE CITY OF GILROY AS REQUIRED BY SECTION 5 OF ORDINANCE NO. 7S4. PASSED AND ADOPTED this 16th day of January, 1984, by the following vote: AYES: COUNCIL t"E~1BERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS:'~ONE , The Mayor stated that it was the time and place scheduled for a Public Hearing on a General Plan Amendment request from Industrial Park to Visitor Serving Commercial District for property located east of the South Valley Freeway, west of San Ysidro Avenue, north of Leavesley Road, GPA83-1, Joseph A. Fi 1 ice, appli cant. 4964 Pub.Hear. re: G PA 8J:-3 E. F i 1 i ce Pub. Hear. re: GPA 83-5 J. Kerley Pub.Hear. re: GPA 83-6 Howard & Bertuccio Pub.Hear. re: GPA 83-7 A. Fortino Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak on the proposal. Mr. Tim Filice, representinq the applicant, addressed the Coun- cil concurring with the Staff report and Planning Commission's recom- mendation for approval. Motion was made by Councilman Pate seconded by Councilman Gage and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by --- Counc'ilman Pate seconded by Counci lman Gage and carried that the Gen- :_ eral Plan Amendment request be approved as recommended by the Planninq ..l Commission. The Mayor stated that it was the time and place scheduled for a pubJic Hearing on a General Plan Amendment request for reV1Slon of the Twenty Year Area on property located on Miller Avenue near Mesa Road, GPA 83-4, Ernest Filice, applicant. She noted a letter from the applicant requesting that this matter be continued to March 19, 1984. Motion was made by Councilwoman Albert secondeq by Councilman Kloecker and carried that the Public Hearing be continued to March 19, 1984, as requested. The Mayor stated that it was the time and place scheduled for a Public Hearing on a ~eneral Plan Amendment from Low Density Residential to Medium Density Residential and Professional Office and request for revision of the Twenty Year Area on property located on Santa Teresa Boulevard and Mesa Road, GPA 83-5, Joe B. Kerley, applicant. She noted that the Planning Commission had continued their Pub- lic Hearing on the matter to March 1, 1984, and it is recommended by Staff that the Council continue this Public Hearing to March 19, 1984. ..... Motion was made by Councilman Pate seconded by Councilman Mussal- ..... lem and carried that the Public Hearing be continued to March 19, 1984, a s r ec omm en d ed . The Mayor stated that it was the time and place scheduled for a Public Hearing on a General Plan Amendment request from Rural Residen- tial to Medium Density Residential District and request for revision of the Twenty Year Area on property located at the southwest corner of Hecker Pass Highway and Santa Teresa Boulevard, GPA 83-6, J. B. Howard and Paul Bertuccio, applicants. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wish- ing to speak on the proposal. Mr. Geary Coats, representing the applicant, addressed the Council further explaining the proposal. . The Mayor asked if there was anyone further in the audience wish- ing to speak on the matter. There was no comment from anyone in the audience. . ..... Motion was made by Councilman Pate seconded by Councilman Gage and carri ed that the Publ i c Hearing .be closed. ....... Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Mussallem that the General Plan Amendment request and revision of the Twenty Year Area be approved as recommended by the Planning Commission. Councilwoman Albert recommended further study of the traffic circulation proposed for this intersection. Mot ion carri ed. Counci 1 woman Al bert voted II no II on the moti on. The Mayor stated that it was the time and place scheduled for a Public Hearing on a General Plan Amendment request for revision of the Twenty Year Area on property located between Mesa Road and Santa Teresa Boulevard, GPA 83-7, Albert Fortino, anplicant ",.. ~ - - Pub.Hear. re: GPA 83-8 Pt. 1, La rson ",...... I I ~ 4965 Planning Director Dorn presented and explained the Staff Report noting the recommendation to deny said request. The Mayor asked if there ~as anyone present in the audience wishing to speak on the proposal. Mr. Lee Kalpin, 5405 Nicole \~ay, reDresenting residents in the area, addressed the Council and presented a petition from ei ghty-four (84) resi- dents in favor of the General Pl an Amendment request. It was noted that this petition had not been presented to the Planning Commission. Said peti- tion was filed with the City Clerk. Mr. Bill Hunter, 760 Mesa Road, addressed the Council and noted oppo- sition to the General Plan Am~ndment. . Ms. Jean Isabel, 5470 Nicole Way, addressed the Council noting con- cern about the traffic problem in the area and building of thirty additional homes that would increase this problem. Mr. Geary Coates, representing theaDplicant, nresented a letter from Dennis W. Coates, 5495 Mesa Road, to Mr. Fortino in favor of the General Plan Amendment. tk. Coats filed the letter with the City Clerk. " , The Mayor asked'if there was anyone further in the audience wishing to s~ak on the matter. There vias no further ccrnment from anyone in the ____ audi ence. Motion was made by Councilman Mussallem seconded by Councilman ~ge and carri ed that the Publ i c.Hearin9 be clased~ Motion was made by Councilman Gage seconded oy Councilman Mussallem and carried that the Dubl ic Hearing on GpA 83-7 be reopened and continued to Ma rc h 19, 1 984 . . Motion was made by Councilman Pate seconded by Councilman Gage and carried that the Planning Commission comment on this application to consider same as part of the whol e area to incl Lide GPA 81-3 andGPA 83-5. ;. The Mayor stated that it was the time and place .scheduled for a Pub- lic Hearing on a General Plan Amendment reQuest from Low Density Residential to Medium Density Residential District initiated by the City for property located at the southeast corner of Broadway.and Carmel Streets, GPA 83-8 (Part 1) La rson. Planning Director Dorn'rres,ented and explained. the Staff Report. The Mayor asked if there was anyonA present in the audience wishing to speak regarding the proposeqamendment. Mr. George Goris, 575 Broadway, addressed the Council requesting that the property remain !low Density Restdentia1.:District. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Ms. Kathy Sakai, 6520 Hastings Place, addressed the Counci 1 and inquired if the applicant property owner could be fined for construction of a medium density home on property. that \\las ori~linally designed for low density. Planning Director Dorn noted that the property owner would not be fined because the building was constructed under conforming zoning about forty years ago which allowed duplexes on the lot. 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. Motioh was made bY Cdun~ilman Gage seconded by Councilman Mussallem and carried that the Public Hearing be closed. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the General Plan Amendment request be approved as recom- mended by the Planning Commission. 4966 Pub. Hear. re: GPA 83-8 Pa rt 2, Mu 1 c h, et a 1 Pub.Hear. re: GPA 83-8 Pa rt 3, Mondell i Pub. Hear. re: GPA 83-8 Pa rt 4, Harrison The Mayor stated that it was the time and place scheduled for a General Plan Amendment' request from 'Industrial Park to General Ser- ~ices Commercial District initiated by the City for property located north of Leavesl ey Road, west of Murray Avenue, GPA 83-8 (Part 2) - t1ul chi 0 I Bri en/Adams. Planning Director Darn presented and"explained the Staff Report. . 'f" < , 'The Mayor asked if there was anyone present in the audience wi shing to speak for or aga inst the propbsal. . Mr. Jaime concurrence with commercial use. ture business on Rosso, 7612 Laurel Drive, addressed the Council noting Staff's recommendation that the entire Darcel be for He further riot ed that he intends to locate hi s furni- sai d property. ,~ U Mr. David Stout, 1331 Fernwood Lane, addressed'the Council noting that the property is a portion of the old BeGe property and that the San Jose property owners of this parcel would be opposed to this General Plan Amendment. , , , Pl anni ng Di rector Dorn 'noted that all property owners were noti- fied of this proposal and hearing. The Mayor asked if there was anyone further in the audience wish- ing to speak on the matter. There was no further comment from anyone in the audi ence. Moti on was made by Councilman Mussall em s'econded by Councilman Valdez and carri ed t~at, the,;Publ ic Hearing be closed. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the General Plan Amendment request be approved as recom- mended by Staff and the Planning Commission. The Mayor stated that it wpsthe time and place scheduled for a Public Hearing on a General Plan Amendment request from Medium Density Residential to General Industrial District initiated by the City for property located at the southeast corner of Old Gilroy and Chestnut Streets, GPA 83-8 (P~rt 3) Mondelli. .... ..... Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wish- ing to speak on the proposal. Mrs. Joan Harrison ~ attorney representing the property owner, addressed the Council requesting aporoval of said amendment. It was noted by Staff that the property owner could continue the industrial use of this property until the Droperty is sold. The Mayor asked if there waS anyone further in the audience wish- i ng to speak on the matter. There was no comment ,from anyone in the audi ence. Motion was made by Councilman Gage seconded by Councilman Pate and carried that the Public Hearinq be closed. Motion was made by Councilwoman Albert seconded by Councilman Pate and carried that the General Plan' Amendment request be denied as recommended. ...... ~ j j , ....... The Mayor stated that it was the time and place scheduled for a Public Hearing on a General Plan Amendment request from Low Density Residential to local Commercial District initiated by the City for pro- perty located at the southeast corner of Church and Second Streets, r,PA 83-8 (Part 4) - Harrison. Planning Director Dorn presented and explained the Staff Report. The Mayor asked ifthere,was anyone present in the audience wish- ing to speak on the proposal. ....... I u Pub.Hear. re: GPA 83-8 Part 5, Ghirlanda ,... I .... - I ! t..,.. Res. #84-6 4967 Mr. David V. Stou~,,1331Fernw09d Lane, representing the property owner addressed the Council and further explained the request. , The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Jack Kazanjian, property owner in the area, addressed the Council noting that Professional Office Zoning of the property would be beneficial to 'the enti re nei ghborhood. .' The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no further' comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Mussallem and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Pate seconded by Councilman Gage and carried that the General Plan Amendment request be approved as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing on a General Plan Amendment request from Low Density Resi- dential to Medium Density Residential District initiated by the City for property located at the northeast corner of Chestnut and Lewis Streets, GPA 83-8 (part:5) Ghirlanda.' .:, ' Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak on the proposal. Mr. Clay Bentson, 490 Lewis Street, addressed the Council opposing the proposed General 'Plan Amendment. I The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Davi d V. Stout, 1331 Fernwood Lane, representing the property owner, addressed the Council noting that 1-1r. Ghi'rlanda does not intend to apply for zoning any higher than R2 for this property.' Mrs. Loretta Ventura, 470 Lewis Street, addressed the Council in opposition to the proposal. The Mayor asked if there was anyone further in the audi ence wi shing to speak on the matter. There was no further comment from anyone in the audience. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Public Hearing be closed. Moti on was made by Council man Gage seconded by Councilwoman Al bert and carried that the General Plan Amendment request be denied as recom- mended. Mr. Stout was informed that the property owner could still apply for R1 or R2 zoning on this property under the present General Plan desig- nation. At 10:11 p.m., the Mayor declared a recess and reconvened the meeting at 10:18 p.m. Motion was made by Councilman Pate seconded by Councilman Gage that the reading of Resolution No. 84-6 be waived and that it be adopted approv- ing the Counci 11 sprevi ous actions on ,the above Genera 1 Plan Amendments and Twenty Year Area Revisions. RESOLUTION NO. 84-6 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AMENDMENTS TO THE GENERAL PLAN FOR THE CITY OF GILROY. PASSED AND ADOPTED this 16th day qf January, 1984, by the following vote: AYES: COUNCIL r'1EMBERS: ALBERT, GAGE, KLOECKER, r~USSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 4968 Amer.Diversified Cap. Corp. re: Mort. Rev. Bonds Plan. Com. 1/5/84 Pri oriti es . A letter from, American Div~rsified Capital Corporation was noted re: 160 uni t apartm~nt project, Kern ,Avenue r~: Mortgage Revenue Bond financing, further explained by City Administrator Baksa. Mr. John Hoffmire, addressed the Council requesting the City to administer said bond financing. , . After discussion by Council, motion was made by Councilwoman Albert seconded by Councilman Gage that the City not duplicate this service already being performed by the County and recommended that the matter be referred to the County; that the City not proceed with this R~venue Bond Program. Mr. Hoffmire, addressed the Council and noted'that his company would be willing to pay ~% fees of the total bond issue instead of the City1s ~% requirements. . ,...... u Councilwoman Albert and Councilman Gage rescind their previous motion. Motion was made by Councilman Pate seconded by Councilman Mussal- lem and carried that this matter be continued to the February 6, 1984, regular Council Meeting and i"nstructed Staff to work with Mr. Hoffmire and the County for a report on same to Council. , , The following informational items were noted with no separate discussion on same with the exception of Item 3: County Librarian re: appointment of Acting Community Library Supervisor for the Gilroy Public Library; Gilroy Skate Arena commending the City Building Department; Church of God re: municipal tow truck licensing and operation. . The Pastor, of the Church of,God in San M~rtin addressed the Coun- cil requesting City regulations on..the fees. cl1arged,by tow truck busi- nesses operating in the City of Gilroy. The Mayor ,referred the matter-to Staff.for a repQrt on same. The City Attorney noted that he is currently workinq ~Jith' the Police Chief on the matter, researching an ordinance that is not illegal and unconsti~ tutional. County Referral re: South Valley Intercommunity Hospital Project, Samaritan Health Care System, applicant; lIIllII!I ..... I I ,! South County Housing 're: 10th Year Block Grant proposals submitted to the County; and Mr. Stan Lewis re: Falcon Cable T.,V~ service. The Report of the Planning Commission Meeting of January 5, 1984, was noted. Discussion was had on the proposed 1984 priorities of the Planning Department. Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of 12/13/83 December 13, 1983, were noted. Pers. Com. 1/9/84 Sewer Servo Fees The Report of the Personnel Commission Meeting of January 9, 1984, W9-.s noted. ..... . I I , U City Admini strator Baksa presented resol utions' e'stabl i shing rates for sanitary sewer service and for off-site sewer fees, requesting set- ting of a Public Hearing for same on Tuesday, January 31, 1984, at 7:00 p.m. t~otion was made by Councilman Gage seconded by Councilman Mussal- lem and carried that the Public Hearinq on adjustments of sewer service and off-site sewer fees be set for Tuesday, \lanuary 31, 1984, at 7:00 p.m. as recommended. Employee Re- lations Consultant Quarterly Reports 4969 City Administrator Baksa presented a report and recommendation on Employee Relations Consultant recommending approval of the agreement to include $1,000.00 per month for said consultant services. Motion was made by Councilman Gage seconded by Councilman Pate and carried that the agreement for Employee Relations consultant be approved as recommended to include $1,000.00 per month and a budget amendment for same and a correction within the document that the fees to be paid for by the "City." City Administrator Baksa presented the Quarterly Reports for the Thi rd Qua rte r . ..-. I , l.J Traffic Safety City Administrator Baksa noted grant acceptance on the City's applica- Grant tion for a Traffic Safety Project. Animal Control Ord. Tel ephone POlicy Golf Course Adv. Com. Jt. Sewer Adv. Com. .~ I I ~ ABAG Reps. Sewer Treat. Pl ant Bi centenni al Funds 1- - City Administrator Baksa noted a request of the County of Santa Clara to change municipal codes relative to various animal control matters and further noted that same will not affect the City. City Administrator Baksa presented a policy in regard to use of tele- phones in the city departments as informational. City Administrator Baksa requested a Golf Course Council Advisory Committee meeting. Council set same for January 24, 1984, at 10:00 a.m. City Administrator Baksa noted a request of the Joint Sewer Advisory Committee for purchase of temporary aeration equipment for the Sewer Treat- ment Plant in the amount of $39,222.78. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that purchase of aeration equipment as recommended be author- ized in the amount of $39,222.78 from Welles Product Corporation. City Administrator Baksa noted a meeting in San Luis Obispo with the Regional Water Quality Control Board on January 20, 1984, reQarding capacity limitations. He further noted a letter of intent in regard to a develop- ment agreement proposed to be presented to Council in approximately one month requesting sewer capacity guarantees. The Mayor requested volunteers to represent the City on the Associa- tion of Bay Area Governments (ABAG). Councilman Kloecker volunteered to be said representative. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that Councilman Kloecker be appointed as the City's representative on ABAG and Mayor Hughan be appointed as the alternate representative. Councilman Gage gave a progress report on the sewer treatment plant operations and noted the next meeting of the Committee on January 24, 1984, at 8:30 a.m. and meetings scheduled for February 14 and 28, 1984. Councilman Kloecker noted the Joint Citizens Advisory Committee Task Force Meeting of January 17, 1984, at 7:30 p.m. The Mayor noted the need for a committee that will authorize expendi- tures for a $10,000.00 Bicentennial Fund for the new City Hall and noted that she will appoint community reoresentatives involved in raising these funds and further appointed Councilwoman Albert as a member of this commit- tee from the Historical Advisory Committee. Salary Increase Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the City Administrator's annual salary increase approved at the last Council Meeting be retroactive to November 1, 1984. Councilman Gage noted that he would not be present at the February 21 regular Council Meeting. Adjournment At 11:33 p.m., motion was made by Councilman Pate seconded by Council- man Valdez and carried that the meeting adjourn to Tuesday, January 31, 1984 at 7:00 p.m. ~0 ~'L-f: ( City Clerk