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Minutes 1984/09/04 I I 5057 Gilroy, California September 4, 1984 Mayor Hughan led the Pledge of Allegiance to the Flag. Roll Call The Regular Meeting of the Gilroy City Council was called to order by Her Honor Roberta H. Hughan at 8:00 p.m. Present: Council Members: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, John E. Pate, Pete Valdez, Jr. and Roberta H. Hughan. Consent Calendar Motion was made by Councilman Gaqe seconded by Councilman Kloecker 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: Minutes Approved the Hinutes of the Regular Council !vfeeting of August 20, 19 84 ; Claim - J. Keaveney Denied a prorerty Darr,age Clair<\ of Jacquelyn Keaveney; Curb & Gutter Repair proj. 84-1 Accepted Curb and Gutter Repair Project 1984-1 as recommended; Solicitation Approved a request of the March of Dimes for waiver of a Solicitor's License Fee for their annual campa,ign; Res. #84-63 Adopted Resolution No. 84-63 honoring and commending the service of A. Brittain Albert L. Brittain, Fire Chief, upon his retirement. Retirement RESOLUTION NO. 84-63 A RESOLUTION OF THE CITY COUnCIL OF THE C~TY OF GILROY HONORING AND C0J'.'IMENDING SERVICES OF ALBERT L. BRITTAIN, FIRE CHIEF, upon HIS RETIREMENT. PASSSD AND ADOPTED this 4th day of September, 1984, by the following vote: AYES: COUNCIL f.1EMBE'.<.S: 1l,LBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Res. #84-64 Easement Vacation Adopted Resolution No. 84-64, summary vacation of a ten-foot wide irrigation easement. . 5058 Bid re: Tree Planting Project Bid re: Reroof- ing-Bus Depot & Sr. Citizens Bldgs. Bids re: 7th & Rosanna St. Muni Pkg. Lot Cont'd Pub. Hearing re: Ghirlanda Rezoning RESOLUTION NO. 84-64 , " RESOLUTION OF THE COUNCIL'OF TIlE CITY OF GILROY ORDERING SUMMARY VACATION OF A TEN FOOT IRRIGATION EASEMENT ALONG THE SOUTHWESTERLY LINE OF NINTH STREET WEST OF CHESTNUT STREET. PASSED AND ADOPTED this 4th day of ing vote: AYES: September, 1984; by the follow- NOES: ABSENT: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCI L MEMBERS: NONE ~~ - City Administrator Baksa presented a.recommendation to award the bid of Tim Glass Landscaping for a two-year City Tree Planting Contract. lli...,. Motion was made by Councilman Valdez seconded by Councilman Kloecker and carried that the bid of Tim Glass Landscaping be awarded for a two-year City Tree Planting Contract, as recommended. City Administrator Baksa presented a recommendation to award the bid of Central Roofing & Insulation Company for re-roofing the Gilroy Bus Depot and the Senior Citizens' buildings. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the bid of Central Roofing & Insulation Company for re-roofing of the Gilroy Bus Depot and Senior Citizens' buildings be awarded as recommended (Sr. Citizens' Bldg. - $15,980; Bus Depot - $9,430). City Administrator Baksa reported that no bids were received for the Seventh and Rosanna Streets Municipal Parking Lot, Project 1984-4 and recommended that Staff be authorized to proceed on an open-market basis. Motion was made by Councilman Mussallem seconded by Council- woman Albert and carried that Staff be authorized to proceed on an open-market basis for the Seventh and Rosanna Streets Municipal Parking Lot, project 1984-4, as recommended. ........ The Mayor stated that it was the time and place sCheduled for the continued Public Hearing to consider a rezoning request of Angelo Ghirlanda from RI (Single Family Residential) District to R2 (Two Family Residential) District on property located with frontage on both Lewis and Chestnut Streets, at the northeast corner. Planning Director Dorn presented a Summary Staff Report. The Mayor asked if there was anyone present in the audience wisfuing to speak on the matter with additional input from the original Public Hearing. Mr. David V. Stout, representing the applicant, addressed the Council and further explained the proposal. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Clay Bentson, 490 Lewis Street, addressed the Council, representing Mr. & Mrs. Piedmont, Mrs. Kludt, and Mrs. Castro and noted that at the first Public Hearing regarding this application, he failed to stress the impact of this project on the quality of the neighborhood, noting that duplexes eventually become rental units and are not cared for as well as single family residences. Mrs. Madeline Sylvester, 840 Fifth Street, addressed the Council and noted that no one complained about the construction of the San Ysidro Park, but now are complaining about the increased traffic over the Lewis Street Bridge, and that the property owner should be allowed to develop his property as requested. Mr. Don Kludt, 7630 Church Street, addressed the Council noting that he has a future vested interest in the property, noting "",... .... - -- - .... USA Waiver- R.Kishimura 5059 the necessity of RI remaining to conform to the present neighborhood; further, that there is no objection to the R2 zoning on Chestnut Street if RI remains behind the present RI hONes. Mrs. Loretta Ventura, 470 Lewis Street, addressed the Council con- curring with Mr. Kludt and inquired if R2 zoning would allow 4-plexes. Planning Director Dorn noted that the Zoning Ordinance does not specify the number of units per lot, it specifies density. He further noted that 13 units would be permitted, either 4-plexes or duplexes. City Administrator Baksa noted that 4-plexes would have to be two independent buildings. Mrs. Ventura noted that she represented Mr. & Mrs. Piedmont con- cerned about the increase in traffic, concurring with RI behind the present RI homes and R2 on Chestnut Street. Planning Director Dorn noted that the new proposal of RI behind the present homes and R2 on Chestnut Street would be two or three fewer units on the entire property. He noted that this proposal owuld leave the zoning along Lewis Street Rl for one hundred feet deep and the balance of the property could be zone R2 and further, this would require access off Lewis Street. He also clarified his previous statement that the duplex zoning would be two units per building as previously noted by the City Administrator. Mayor Hughan inquired about repair of Lewis Street and the bridge. Councilman Gage noted that it was suggested that the 566 Project would eliminate the need for a bridge at that location and, eventually, a culvert would be installed in place of a bridge. Mr. Stout noted that the duplexes are not connected; two units on a lot. He further noted that the proposal requested is the highest and best use. He also addressed the neighborhood's concern about the beauty of the area and maintenance of same noting that it is difficult for him to understand the beauty of the barn and gas pump across the street from the Ghirlanda property vs. installation of an additional duplex. He noted that duplexes area better investment because usually the owner can live in one unit and rent the second unit. He further noted that the General Plan allows Rl and R2 zoning in the old quad to take care of inequities in the old quad; that the Initial Study indicated no objection from the consultants nor Planning Commission, and duplexes for the area are the most logical. Mr. Kludt noted that the barn referred to by Mr. Stout would be eliminated if R2 is allowed on the entire property, forcing additional duplexes at the barn location. Discussion was had by Council on the matter. 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 Mussallem and carried that the Public Hearing be closed. Council on the matter. seconded by Councilman Gage Discussion was had by Motion was Nade by Councilman Gage seconded by Councilman Valdez and carried that the reading of a proposed ordinance be waived and that it be introduced and published by title and summary retaining RI zoning on Rl size lots facing Lewis Street and the remainder of the property be granted R2 Zoning. Councilmembers Mussallem and Pate voted "noli on the motion. City Administrator Baksa presented a request of Robert Kishimura for waiver of Urban Service Area requirements for annexation of property at 770 Dawn Way. Planning Director Dorn further explained the proposal. Mr. Robert Kishimura, applicant, addressed the Council further explaining the request. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the request of Robert Kishimura for waiver of Urban Service Area requirements be waived for annexation of property at 770 Dawn Way. 5060 Freeway Off-Ramps SCVWD So. Flood Con- trol Zone Adv. Com. Garlic Festi- val Com. P & R Com. 8/21/84 Jt. Powers Sewer Adv. Committee Res. #84-65 Mortgage Rev. Bonds City Administrator Baksa noted a letter from Joseph A. Filice regarding local freeway off-ramps. The Mayor noted a report from Tim Filice that the Economic Development Committee of the Chamber of Commerce volunteers to co- ordinate efforts working with Cal Trans, volunteer groups and tree and plant growers to correct the problem. Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that this concept be endorsed requesting that an appropriate letter be forwarded to ~Cal Trans asking them to proceed with this project. Councilman Valdez requested that the BIG Commit- tee be included in these efforts. ..... Councilman Mussallem noted that the next meeting of the Eco- nomic Development Committee is scheduled for September 12, 1984. ........ Motion was'made by Councilman Gag-e seconded by Councilman Kloecker and carried that Councilman Mussallem be renominated on the South Flood Control Zone Advisory Committee of the Santa Clara Valley Water District and Councilman Pate and Planning Director Dorn, alternates for terms expiring October 1, 1984. A letter from the Gilroy Garlic Festival was noted in apprecia- tion of Police Department services rendered. The Minutes of the Parks and Recreation Commission Meeting of August 21, 1984, and the Minutes of the Senior Citizens' Advisory Council Meeting of July 1984 were noted. The Minutes of the Joint Powers Sewer Advisory Committee Meet- ing of August 28, 1984, were noted. re: City Administrator Baksa presented a report on Santa Clara County Mortgage Revenue Bond '84 Issue and recommended approval. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 84-65 be waived and that it be adopted allowing Mortgage Revenue Bond Units to be priced at 110% of average area purchase price as recommended. ~ ..- RESOLUTION NO. 84-65 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ALLOWING MORTGAGE REVENUE BOND UNITS TO BE PRICED AT ONE HUNDRED AND TEN PERCENT OF AVERAGE AREA PURCHASE PRICE. PASSED AND ADOPTED this 4th day of September, 1984, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE The Mayor asked if there was anyone to speak on any matter not on the agenda. anyone in the audience. in the audience wishing There was no comment from Res. #84-66 re: City Administrator Baksa presented a report regarding installa- 4-Way Stop @ tion of a 4-Way stop at the intersection of Welburnand Kern Avenues. Welburn & Discussion was had on the matter by Council. Kern ..... Motion was made by Councilman Gage seconded by Councilman Mussallem that the reading of Resolution No. 84-66 be waived and that it be adopted approving the installation of four-way stop signs at the intersection of Welburn and Kern Avenues. ....... RESOLUTION NO. 84-66 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A FOUR- WAY ARTERIAL STOP AT THE INTERSECTION OF KERN AVENUE AND WELBURN AVENUE IN THE CITY OF GILROY. PASSED AND ADOPTED this 4th day of September, 1984, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, GAGE, MUSSALLEM, PATE, VALDEZ,HUGHAN COUNCIL MEMBERS: KLOECKER COUNCIL MEMBERS: NONE """"" Ch. 21, Ci ty Code re: Lot Mergers .... EIR Consul- tant-Long- term Sevier project Softball Upda te - - Res. #84-67 84-85 Bud- get 5061 Mr. Bill Moton, 858 Welburn Avenue addressed the council in favor of additional stop signs believed to ITlake drivers more cautious. Mr. Frank Torres, 856 ~elburn Avenue, addressed the Council in favor of the stop sign installation and possibly more stop signs. He also inquired of the crosswalks at the new stop sign installation. He was in- formed that same would be repainted when the signs are erected. City Ad~inistrator Baksa presented a recommendation Code Sections 21.109 and 21.110 to Chapter 21, Subdivision ment, to allow simplification of the procedure required on mergers. enacting City and Land Develop- routine lot Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the reading be waived of a proposed ordinance, that it be introduced and puhlished by title and slzmnary enacting Sections 21.109 and 2l.110 to Chapter 21 of the Gilroy City Code pertaining to subdivision lot mergers and reversion to acreage. City Administrator Baksa presented a Staff Report and Minutes of the Joint Powers Sewer Advisory Committee Special Meeting of August 29, 1984, reconmending approval of: Ear1:h Metrics as EJ:R Consultants for the Long- term Sewer Treatment Plant Project. Motion was made by Councilman Valdez seconded hy Councilman Pate and carried that Earth Metrics be approved as EIR Consultants for the Long-term Sewer Treatment Plant Project as recommended. Field City Administrator Baksa gave an update report on the softball field issue noting that Parks and Recreation Director Ayer is meeting this evening with Gavilan College District regarding a lease for same. Discussion was had by Council on the matter. Motion was made by Councilman Valdez seconded by Councilman Gage and carried that the lease for the softball field at Gavilan College be approved and that it be executed as recommended. re: City Administrator Baksa distributed copies of the final 1984-1985 Budget. Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 84-67 be waived and that it be adopted approving the 1984-1985 City Budget as revised. RESOLUTION NO. 84-67 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING RESOLUTION NO. 84-52 ADOPTING THE BUDGET FOR SAID CITY FOR FISCAL YEAR 1984-1985 AND APPROPRIATING PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET. PASSED AND ADOPTED this 4th day of September, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: RWQCB Hearing City Administrator Baksa requested Councilmembers attending the & League Regional Water Quality Control Board Hearing in Santa Barbara and the Conference Annual League of California Cities Conference in Anaheim to obtain their reservations, forms, etc. following this meeting. ........ Fire Chief Recruitment - Disaster Manual Trans. 2000 Committee City Administrator Baksa noted recruitment progress for Fire Chief ex- pected to be completed by October I, 1984. He noted the Fire Chief's Retirement Party scheduled for September 29, 1984. Councilman Gage noted that Mr. Gary Orr will be forwarding the Disaster Preparedness Manual for Council approval in the near future. Councilman Kloecker noted that the Transportation 2000 Committee will be preparing periodic update sheets and he will determine if copies are being forwarded to councilmembers. He further reported that the Transportation Committee matter of increased membership was approved for twenty-nine members total. 1 5062 Economic Development Victoria Dr. Fence Sanitary Engineer City/School Liaison Committee Santa Teresa Study Jt. Gil/M.H. Study Session ICC Meeting Adjournment " Councilman Valdez requested pursuing funding for a staff person for.: an Economic Development posi:tion and address the Morgan Hill Council and Supervisor Wilson regarding said proposal. The Mayor suggested a Staff Report, including qualifications and duties, etc., for Council approval prior to proceeding with this proposal. Councilman Mussallem inquired of the status of the Victoria Drive fence proposal. City Administrator Baksa noted that the Public Works Department is working on the matter and an update report will be agendized in the near future. City Administrator Baksa noted recruitment progress for a Sanitary Engineer. It was suggested by Councilman Gage that if the City is unable to fill the position immediately that hiring of a temporary consultant be considered. Councilman Valdez noted that the City/School Liaison Commit- tee quarterly meeting is forthcoming soon. City Administrator Baksa noted that a meeting with the School Administration has been scheduled for September 7, 1984, at 9:00 a.m. for an update of City/School prob- lems. Councilman Gage inquired of the status of the Santa Teresa area study. City Administrator Baksa noted that property owners in the area will have to be contacted regarding a long-term plan and EIR for the entire area including funding for same. The Mayor noted the Joint Gilroy/Morgan Hill City Councils' Dinner Study Session scheduled for September II, 1984, 6:00 p.m., Old City Hall Restaurant, Gilroy. The Inter-City Council Meeting scheduled for September 13, 1984, was noted. At 9:50 p.m., the Mayor adjourned the meeting. Respectfully submitted, -Li lMJ~~.~ ? Ci Y Clerk "