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Minutes 1984/06/04 ... Denied an amended claim for property dama'jes 0:: Dixie L. Meisel- bach and Crocker National Bank, trustee for C. O. Moore Trust; and RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING EXECUTION OF DEVELOP~E AGHEEMEl\J'!'S FOR n~PLmIJENT1\~rION OF THE SANTA CLARA COUNTY HORTGAGE l"lliVEHUE BOND PP.oGRAIVl. PASSED Al\i"'D ADOP'.rED this 4th day of June, 1984, by the following vote: AYES: COll'1CIL HEMBERS: ALBERT, GAGE, KLOECKEE, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL t1EM'3ERS: Nmm COUNCIL tillHBERS: !WNE; NOES: ABSENT: RESOLUTION NO. 84-44 Adopted Resolution 1;0. 34-44 amending Resolution No. 82-24 authorizing execution of developer agreer:lents for implementation of the Santa Clara Coun'cy :V:ortgage Revenue Bond Program, changing city official's nill12. RESOLUTION OF THE CITY COmJCIL OF THE CITY OF GILROY AUTHORIZING PARTICIPATION IN 'lEE LOCp.L AGENCY INVESTI1EHT FUND. PASSED AND ADOPTED this 1th day of June, 1934, by 'che ::ollowing vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, Vl\LDEZ and HUGHAN COUNCIL l1EMBERS: NONE COUNCIL MEtffiE:~S: NONE; NO~S: ABSENT: RESOLUTION NO. 84-43 Adopted Resolution No. 84-43 ar~ending Resolution No. 77-3 authorizing the Local Agency Investment Fund changing city officials names and titles. 1984; Approved the I~inutes of the Regular Council Itlee,':ing of May 21, Motion \vas raade by Councilraan Gage seco"lded. by Councilman Pate that the following i ter;:s under the Consen-t Ca.lenda.r be approved by the following vote: Ayes: Council Members: Albert, Gage, Kloecker, Mussallem, Pate, Valdez and Hughan: The Mayor presented a Certificate of Commendation and $50.00 reward to Mrs. Debbie Chagaris recently involved in the apprehension or teenagers vandalizing property at El Roble ?ark. Present: Council Her,.bers: Sharon 1'.. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, John E. Pate, Pete Valdez, Jr.., and Roberta H. Hughan. The Regular Meeting of the Gilroy City Council was called to order by Her Honor Roberta H. Hughan at 8:00 p.m. Hayor Eughan led the Pledge of Allegiance to the Flag. June 4, 1984 Gilroy, California 5013 Claim-D. L. Meiselbach, etc. (Amen- ded) Res. #84-44 re: Dev. Agreements Mortgage Rev. Bond Program Res. #84-43 LAIF Invest- ments Minutes Consent Calendar Cert. of Com- mendation- D.Chagaris Roll Call 5014 Ind. Silt Ponds Bypass Proj. Pub.Hear. re: Morey Ave. Reorg. 84-1 Res. #84-45 Accepted improvements for the Industrial Wastewater Silt Ponds Bypass Project and approved Contract Change Order No. 1 for said project. The Mayor stated that it was ,the time and place- scheduled for a Public Hearing on intent to approve "Morey Avenue Reorganization 84-1" located a~ the southeast corner of Santa Teresa Boulevard and future Mantelli Drive, containing approximately 15.118 acres, Wesley Lincoln, et al, petitioners. Associate Planner Myer presented and explained the Staff Report. The Mayor noted a letter of protest from Mrs. Nellie Beach. She asked if there was anyone in the audience wishing to speak in favor of the proposal. ~,,~ Mr. Gary Carnes, representing the applicant, addressed the Council noting that the applicant is in accord with all Staff recom- mendations. The Mayor asked if there was anyone in the audience wishing to speak for the proposal. There was no comment from anyone in the audience. The Mayor asked if there was anyone in the audience wishing to speak in opposition to the proposal. Mr. Clarence Beach, eldest son of Mrs. Beach, addressed the Council explaining their opposition to reorganization of this terri- tory. Mrs. June Johnson, daughter of Mrs. Beach, addressed the Coun- cil noting that they would not be opposed to annexation of the terri- tory if the City would provide written agreement that there would be no additional cost to the Beach property. 'I'l\ Mrs. Joyce Narvaez, daughter of Mrs. Beach, addressed the Council noting that they would not agree to reducing the number of animals on their property; that she was informed by Planning Direc- tor Dorn that they would not be allowed to keep the same number of animals that they presently have on the property if said property was annexed to the City. ....... Mr. Marvin Beach, son of Mrs. Beach, addressed the Council noting that they do not want to reduce the number of animals on their property and that he presently parks trucks on the property. Mrs. Joyce Narvaez, further noted that they did not agree to paying the sewer connection fees that would be required if their property were annexed to the city. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 84-45 be waived and that it be adopted approving reorganization of Morey Avenue 84-1 to include the Lincoln property only, removing the Beach property from the annexation. RESOLUTION NO. 84-45 A RESOLUTION, AFTER PUBLIC HEARING, OF THE CITY OF GILROY WITH REGARD TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZA- TION ACT OF 1965 DESIGNATED AS "MOREY AVENUE REORGANIZATION 84-1." PASSED AND ADOPTED this 4th day of June, 1984, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE Pub. Hear. re: Tent. Map W. Lincoln ..... ... Res. #84-46 - -- Pub.Hear. re: GPA-Filice Family Est. - ... 5015 The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Tentative Map request for a residential subdivision of 49 lots on property located east of Santa Teresa Boule- vard, between Welburn Avenue and future Mantelli Drive improvements, Wesley Lincoln, applicant. Associate Planner Myer presented and explained the Staff Report. The Mayor asked if there was anyone in the audience wishing to speak in favor of the proposal. Mr. Gary Carnes, representing the applicant, addressed the Council noting that the applicant agrees to all conditions recommended. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. The was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Gage and carried that the Public Hearing be closed. Motion was made by Councilman Mussallem seconded by Councilman Gage that the reading of Resolution No. 84-46 be waived and that it be adopted approving the Tentative Map of Wesley Lincoln as submitted to include the ei~hteen (18) recommended conditions. RESOLUTION NO. 84-46 RESOLUTION OF THE COUNCIL OF THE CITY OF MAP FOR 49 RESIDENTIAL LOTS ON 9.5 ACRES TERESA BOULF.VARD, BETWF.EN WELBURN AVENUE DRIVF.. PASSED AYES: GIIROY APPROVING A TENTATIVE ON THE EAST SIDE OF SANTA AND THE EXTENSION OF MANTELLI NOES: ABSENT: AND ADOPTED this 4th day of June, 1984, by the following vote: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE The Mayor stated that it was the time and place scheduled for the continued Public Hearing on a General Plan Amendment request fro~ Low Density Residential to Industrial Park and realignment of Thomas Road and Miller Avenue on property located in the vicinity of Miller Avenue, Thomas Road, and Santa Teresa BouleVard, Filice Family F.states, applicant. Associate Planner Myer presented and explained the Staff Report. The Mavor noted receipt of letters from the following: Don Butler, Clifford E. Collins, Keith Muraoka, Mr. & Mrs. Gary Einhorns, and Bruce Sweeney. The Mayor asked if there was anyone present in the audience wishing to speak in favor of the proposal and requested that speakers limit their presentations to three minutes to a maximum of five minutes. The following addressed the Council in favor of the proposal: Mr. Bob Saxe, repn>.senting the applicant, and Mr. Leon 0' Dell, repre- senting the First Assembly of God Church. The Mayor asked if there was anyone further in the audience wishing to speak in favor of the proposal. There was no comment from anyone in the audience. She asked if there was anyone in the audience wiShing to speak in opposition to the proposal. The following addressed the Council in opposition to the proposal: Bruce Sweeney, 6380 Hyde Park Drive Wayne King, 6420 Barron Place Ron Kirkish, 6440 Barron Place Gordon Sakai, 6520 Hastings Place F.ileen Moley, 6399 Barron Place Daniel Corley, 6505 Kensington Place David Oaks, 6480 Barron Place 5016 Res. #84-47 Land Use Res. #84-48 Kathy Sakai, 6520 Hastings Place Joe Amelio, 650 Antonio Court John Santian, corner of Church & Victoria Steve Bakowsky, 700 Antonio Court Michael Ryan, 6480 Church Street Ed Nichols, 6500 princevalle Street Linda Pico, 195 London Place Jerry Merkt, 6350 Hyde Park Drive Dave Haney, 6429 BarrOn Place Jim Charnley, 6360 Hyde Park Drive Pete Welton, 6515 princevalle Street Vic Jensen, 6449 Barron Place Page Welton, 6515 princevalle Street Ben Griffin, 6400 Hastings Place Mike Bergkamp, 55 Stratford Place Hy Miller, Miller Avenue Wayne Young, 7115 Concord Place ~ - The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Darrell Kelley, 670 Glenview Court, addressed the Council noting that he qualifies himself as being neutral toward the pro- posal and recommended planning the circulation on a regional basis and establishing official plan lines to inform the developers and landowners. Mr. Bob Saxe addressed the Council noting that now is the time to realign Thomas Road before additional improvements are in place. Mr. T. J. Miller, 6470 Church Street, addressed the Council in opposition to the proposal. Motion was made by Councilman Mussallem, seconded by Council- man Gage and carried that the Public Hearing be closed. Discussion was had by Council on the matter. ... Motion was made by Councilman Kloecker seconded by Councilman Gage that the reading of Resolution No. 84-47 be waived and that it be adopted certifying the E.I.R. with all the mitigation measures recommended by the Planning Commission. JiI,q~ RESOLUTION NO. 84-47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR A PROPOSED GENERAL PLAN AMENDMENT AND ROAD REALIGNMENT BY FILICE FAMILY ESTATES. PASSED AND ADOPTED this 4th day of June, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: Motion was made by Councilman Mussallem, seconded by Council- man Kloecker and carried that the discussion of the land use for the subject property be continued for one year. Motion was made by Councilman Pate seconded by Councilman Gage and carried that the applicant's aliqnment of Thomas Road be accepted including that it be considered a thoroughfare and that portion that refers to deleting and changing Tenth Street be denied; in addition over and above the map indicated that the bridge be based upon Tenth Street standards, that said bridge be designated a four-lane bridge for the benefit of the Army Corp of Engineers; noting to be included in the study the future alignment of Tenth Street and Thomas Road on the other side of the bridge and future Thomas Road alignment on the east side of the bridge and the cul-de- sac proposal of Miller Avenue. ..... I ..- Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 84-48 be waived and that it be adopted approving the statement of overriding considerations as recommended by the Planning Commission. (excerpt) .... .... Recess Pub.Hear. re: GPA-E.Martin -- .... - .... Res. #84-49 5017 RESOLUTION NO. 84-48 RESOLUTION OF THE COlmCIL OF THE CITY OF GILROY APPROVING AN AMENDMENT TO THE GENERAL PLAN FOR THE CITY OF GILROY REALIGNING THOMAS ROAD AND ITS BRIDGE. RESOLVED that the Council of the City of Gilroy approves the realignment of Thomas Road and its bridCJe as a four-lane east-west carrier, that Thomas Road and its bridge be of equal standards as a thoroughfare to Tenth Street, and that the precise alignments of Miller Avenue, Tenth Street and Thomas Road southeast of Uvas Creek and Thomas Road to 101 Highway be determined after further study. PASSED AND ADOPTED this 4th day of June, 1984, by the following vote: AYES: COUNCIL MEMBERS: GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: ALBERT COUNCIL MEMBERS: NONE NOES: ABSENT: At 10:11 p.m., the Mayor declared a recess and reconvened the meeting at 10:21 p.m. The Mayor stated that it was the time and place scheduled for the continued Public Hearing on a General Plan Amendment request from Rural Residential to Industrial Park and inclusion in the Twenty- Year Area on property located south of Fitzgerald Avenue, north of Day Road, between Murphy Lane and Monterey Road, Ed Martin, applicant. Associate Planner Myer presented and explained the Staff Report. The Mayor asked if there was anyone in the audience wishing to speak in favor of the proposal. Mr. James H. Hickey, Project Coordinator, addressed the Council further explaining the project. Mr. James Starkovich, Habitec Architects & Planners, addressed the Council and gave a slide presentation of similar projects. Mr. Ed Martin, applicant, addressed the Council and noted detailed information regardinq the proposed project. The Mayor noted receipt of letters from Page Welton, James C. Williams, Oshan & Associates, and ':f'ed Glenn. She asked if there was anyone present in the audience wishing to speak in opposition to the proposal and requested that speakers limit their presentations to three minues and a maximum of five minutes. The following addressed the Council in opposition to the proposal: James Lampich, 10230 Whiskey Hill Lane John Giancola, 10215 Whiskey Hill Lane City Worcella, 7931 Miller Avenue - Property owner, Whiskey Hill Lane Joeseph Biafore, 10210 Whiskey Hill La.ne John Trioni, 10305 Murphy Lane Bill Patterson, 7771 Princevalle Street Dave De Costa, 10315 Murphy Lane The Mayor asked if there was anyone further in the audience wishing to speak on the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the Public Hearing be closed. Discussion was had by Council on the matter, including certifi- cation of the F.. L R. Mr. Darrell Kelley, addressed the Council noting that the City Council must certify the E.I.R~ Prior to any action on the project. Motion was made by Councilman Kloecker, seconded by Councilman Pate that the reading of Resolution No. 84-49 be waived and that it be adopted certifying the E.I.R. for the project. 5018 Land Use Rec es s Pub.Hear. re: Off-Site Sewer Fees Res. #84-50 Las Animas Tech. Pk. SB 1369 RESOLUTION NO. 84-49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR INCLUSION IN THE 20 YEAR PLAN- NING AREA AND A PROPOSED GENERAL PLAN AMENDMENT BY ED MARTIN. PASSED AND ADOPTED this 4th day of June, 1984, by the following vote: AYES: COUNCIL MEMBERS: GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBER: ALBERT COUNCIL MEMBERS: NONE NOES: ABSENT: Motion was made by Councilwoman Albert seconded by Councilman Kloecker and carried that the land use change be denied and inclu- sion in the twenty year area be denied on application of Ed Martin. .-..- - At 12:00 a.m. the Mayor declared a recess and reconvened the meeting at 12:01 a.m., June 5, 1984. Absent: Councilman Pate. The Mayor stated that it was the time and place scheduled for a Public Hearing on proposed revision and adjustment of fees for the development of property in the City of Gilroy. City Administrator Baksa reported that the increased fees would be the second ~tep of the sewer development fees instituted in February 1984; Single Family Sewer connection charges from $825 to $908; Duplexes from $1500 to $1650, etc. The Mayor asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the Public Hearing be closed. RESOLUTION NO. 84-50 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADJUSTING SANITARY SEWER "OFF-SITE" CONNECTION CHARGES. ..... - PASSED AYES: AND ADOPTED this 4th day of June, 1984, by the fOllowing COUNCIL MEMBERS: ABLERT, GAGE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBER: PATE vote: NOES: ABSENT: The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Mr. Paul Barrish, Las Animas Technology Park Project Direc- tor, addressed the Council noting a letter dated May 30, 1984, addressed to the, Council in regard to their long deferred Develop- ment Agreement with regard to sewer capacity. Councilman Pate entered at 12:04 a.m. and took his seat at the Council table. The Mayor requested that the letter of Las Animas Technology Park, dated May 30, 1984, be agendized after the City's re-rating of sewer capacity is received. Mr. Barrish further requested that Las Animas Technology Park be placed on a priority list when sewer capacity is available and believes that their agreement should take precedent because of the effort put forward to date. ..... - Motion was made by Councilwoman Albert seconded by Councilman Mussallem and carried that the City Council opposes SB 1369 requested by Mayor Feinstein (City and County of San Francisco) and Supervisor McPeak (Contra Costa County) re: the Peripheral Canal and that ap- propriate lette~s be forwarded to the State Legislators. ",.. Sales Tax Issue - P & R Com. 5/15/84 Personnel Com. 5/29/84 ... - Softball Field - - operation Sentinel Radar Speed Zone-Grant '5019 The following informational items were noted with no separate discussion on same: Olympic Flame Relay Run; City of Campbell re: Sales Tax Issue; and Association for the Developmentally Disabled re: Special Olympics Tract and Field Day. The Mayor reported on a recent meeting regarding Sales Tax Issue, noting that the items suggested by the City Managers were endorsed by the Mayors' Conference including a ten year limit on the tax; twelve years for the Authority; a Policy Advisory Committee, and a 4/5ths vote, noting a question on excess funds and expenditure of same. Councilman Kloecker noted willingness to approve the Mayors' Conference endorsement but noted his continued issue to representa- tion from the City of San Jose. The Minutes of the Parks and Recreation Commission Meeting of May 15, 1984, were noted and the Minutes of the Senior Citizens' Advisory Council Meeting of April 1984. The Report of the Personnel Commission Meeting of May 29, 1984, was noted. city Administrator Baksa noted the following recommendations for Council approval: 1) Reclassification of Fire Marshal to Assist- ant Fire Chief, with no change to job description or salary; 2) Amended job description of Clerk-Typist I and Clerk Typist II; 3) Establish classification of Personnel Clerk I and Personnel Clerk II at the same salary range as Clerk-Typist I and II respectively; 4) Approval of a part-time hourly wage rate; 5) Establish classification of Engineering Aide I and Engineering Aide II at salary Ranges 28 and 29, respectively. Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that the recommended changes to the classification plan be approved as presented and recommended a change of the $3.19 hourly rate to $3.35 per hour to be in accord with the minimum wage. City Administrator Baksa noted that the above changes would be incorporated within the 1984-85 Classification Plan. city Administrator Baksa gave an update of the proposal regard- ing the Softball Field recommending renegotiating for said field at Gavilan College. Councilman Gage recommended pursuing the Gavilan College site and providing additional Little League Fields. city Administrator Baksa noted that the Joint School Board/City Council Meeting scheduled for June 12, 1984, at 7:30 p.m. in the City's Employee's Lounge will include the softball field issue as well as other items. Councilman Gage noted that he wants the School Board to answer to the reason why the proposed softball field could not be at the high school site. City Administrator Baksa presented a request of Operation Sentinel for $5,000 allocation in the 1984-85 City Budget. Council took no action on same. It was noted that the HCD funds have already been allocated to housing and rehabilitation projects. City Administrator Baksa presented a recommendation to execute a contract with DKS Associates, Oakland, for the Radar Speed Zone Grant consultant services. Motion was made by Councilman Gage seconded by Councilman Mussal- lem and carried that the contract with DKS Associates for consultant services of the Radar Speed Zone be approved as presented and authori- zation be given to execute same. .., 5020 Res. #84-51 Stop Signs Sewer Treat. Plant Adjournment " re: City Administrator Baksa presente~ a recommendation to re- verse the.arterial stop signs at Kern and Welburn Avenues. Discus- sion was had on the matter by Council. Motion was made by Councilman Kloecker seconded by Council- man Gage that the reading of Resolution No. 84-51 be waived and that it be adopted reversing the arterial stop signs at Kern and Welburn Avenues as recommended. RESOLUTION NO. 84-51 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN ARTERIAL STOP AT THE NORTH AND SOUTH ENTRANCES OF KERN AVENUE AT ITS INTERSECTION WITHWELBURN AVENUE IN THE CITY OF GILROY. PASSED AND ADOPTED this 4th day of June, 1984, by the following vote: AYES: COUNCIL HEMBERS: ALBERT, GAGE, KLOECKER, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBER: MUSSALLEM ABSENT: COUNCIL MEMBERS: NONE - Councilman Gage gave a progress report on the Sewer Treat- ment Plant operations and noted that the contract for OMI has been finalized and will be presented to the Cities of Morgan Hill qnd Gilroy for final approval. Councilman Kloecker noted the Citizens' Advisory Sewer Com- mittee Meeting of June 5, 1984. He further noted a joint meeting with the Transportation Commission and Councilmembers interested on June 7, 1984, on the Fremont Corridor and that he would be attending said meeting. He also noted that he was designated as an alternate on the Transportation 2000 Steering Committee; Coun- cilman Brown (Morgan Hill), primary representative for South County. At 12:33 a.m. (Tuesday, June 5, 1984), the Mayor adjourned the meeting to a Closed Session re: Personnel Matters. At 12:48,a.m. (Tuesday, June 5, 1984), -the Mayor reconvened the meeting and further adjourned. Respectfully submitted, ~ttA1~k~ ~