Minutes 1994/05/23
Adopted Resolution No. 94-41 approving a Tentative Map to
subdivide 10.19 acres into 43 single family residential lots,
including one existing single family dwelling, on property
located on the west side of Thomas Road, north of Santa Teresa
Boulevard, Thomas Road properties, Ltd. and Glen Lorna Group,
Applicants, TM 93-03;
ROGERS,
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None;
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
NOES:
ABSENT:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
CONDITIONALLY APPROVING APPLICATION TM 93-06 FOR A TENTATIVE
SUBDIVISION MAP FOR A FOURTEEN-LOT RESIDENTIAL SUBDIVISION ON
APPROXIMATELY 3 ACRES, AFFECTING APNS 793-20-028 AND -029,
LOCATED NORTH OF LONGMEADOW DRIVE NEAR EAGLE VIEW WAY.
PASSED AND ADOPTED this 23rd day of May, 1994 by the following
vote:
AYES:
RESOLUTION NO. 94 - 40
Adopted Resolution No. 94-40 approving a Tentative Map
request of Kaufman & Broad to subdivide a portion of two parcels
into fourteen single family residential lots on approximately 3
acres, located west of Santa Teresa Boulevard, north of
Longmeadow and Blacksmith Drives, 'TM 93-06;
Approved Budget Amendments/Transfers as recommended;
Motion was made by councilman Kloecker, seconded by
councilman Morales that the following items under the Consent
Calendar be approved by the following Roll call Vote: Ayes:
Councilmembers: K. A. Mike Gilroy, Paul V. Kloecker, Charles S.
Morales, Connie Rogers, suellen C. Rowlison, Pete valdez, Jr. and
Donald F. Gage;
Present: Councilmembers: K. A. Mike Gilroy, Paul V.
Kloecker, Charles S. Morales, Connie Rogers, suellen C. Rowlison,
Pete valdez, Jr. and Donald F. Gage; 7:00 p.m.
The city Clerk noted that the Agenda had been posted on
May 19, 1994 at 9:59 a.m.
The Mayor led the Pledge of Allegiance to the Flag.
Regular Meeting
May 23, 1994
Gilroy, California
5507
Res.94-41
TM 93-03
Res.94-40
TM 93-06
Budget
Consent
Calendar
Roll Call
Posting
Agenda
6508
Res.94-42
TM 94-01
Dev.Agree.
#94-06
Dev.Agree.
#94-26
speed Zone
survey
Traffic
signal
Bid-Irrig.
system
RESOLUTION NO. 94 - 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
CONDITIONALLY APPROVING APPLICATION TM 93-03 FOR A TENTATIVE
SUBDIVISION MAP FOR A 43-LOT RESIDENTIAL SUBDIVISION ON
APPROXIMATELY 10.19 ACRES, AFFECTING APNS 808-20-006 and a portion of
-016, LOCATED WEST OF THOMAS ROAD AND NORTH OF SANTA TERESA BOULEVARD.
PASSED AND ADOPTED this 23rd day of May, 1994, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Adopted Resolution No. 94-42 approving a Tentative Map to
subdivide thirteen acres into sixty single family residential
lots, on property located on the west side of Santa Teresa
Boulevard, north of Mantelli Drive, Willard Homes, applicant, TM
94-01;
RESOLUTION NO. 94 - 42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
CONDITIONALLY APPROVING APPLICATION TM 94-01 FOR A TENTATIVE
SUBDIVISION MAP FOR A 60-LOT RESIDENTIAL SUBDIVISION ON
APPROXIMATELY 13.34 ACRES, AFFECTING APNS 783-21-005 AND -006,
LOCATED ON THE WEST SIDE OF SANTA TERESA BOULEVARD, NORTH OF BAY
TREE DRIVE
PASSED AND ADOPTED this 23rd day of May, 1994, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Approved Development Agreement #94-06, Pan Tempo proper-
ties, Inc., as recommended; and
Approved Tract Map and Development Agreement #94-26,
Kaufman & Broad, Tract #8662 as recommended.
The Mayor noted that the newspaper indicated there would be
a Public Hearing at this meeting on GPA 93-02 Filice Family
Estates and that same has been scheduled for the June 6, 1994
regular council Meeting.
city Administrator Baksa presented a recommendation to
award a proposal of Keith HigginS/Traffic Data Service in the
amount of $12,300.00 for Professional services to provide a speed
Zone survey for the Public works Department further explained by
city Engineer Smelser.
Motion was made by Councilman Kloecker seconded by
councilman Valdez and carried that the proposal of Keith
Higgins/Traffic Data Service in the amount of $12,300.00 be
awarded to provide a speed Zone survey as recommended.
city Administrator Baksa presented a recommendation to
award the bid of N.G.L. Electric in the amount of $117,493.07 for
a traffic signal installation at Tenth & princevalle streets
further explained by Director of Public Works Allen.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that the bid of N.G.L. Electric in
the amount of $117,493.07 be awarded for a traffic signal
installation as recommended.
city Engineer Smelser presented and explained a recommen-
dation to award the bid of Rai.n for Rent in the amount of
$152,203.00 for Gilroy Food Processor Rental Irrigation system.
Discussion was had on the matter.
pub.Meet.
Maint.Dist.
#1
pub.Hear.
Z 94-04
6509
Mr. Kevin courtney, 17415 Monterey Road, Morgan Hill,
addressed the council, representing low bidder, Gilroy state
Irrigation service, who bid plastic pipe and noted by staff that
said bid did not meet the specifications.
Motion was made by councilman Gilroy seconded by councilman
Kloecker and carried that the bid of Rain for Rent in the amount
of $152,203.00 be awarded for said Irrigation system as
recommended.
It was noted by staff that plastic pipe would be investi-
gated for future bids and included in future specifications if
performance of this type of pipe is satisfactory and equal to
aluminum pipe.
The Mayor stated that it was the time and place scheduled
for a public Meeting on the Engineer's Report providing Basis
for the Benefit Assessment for Maintenance and operation of
Sewer, street, storm Drain and Water systems to be borne by all
lots or parcels of property within the existing Maintenance
District No.1 (country EstateS).
Director of Public works Allen distributed an amendment to
the Engineer's Report previously distributed to council April 26,
1994 noting that the proposed assessment for 1994-95 to be
$480.00 per lot.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed assessment.
Mr. Ernie speno, 2080 Hollyhock Lane, Lot #5, addressed the
council objecting to the amount of the assessment.
Mr. Dan Perez, 2025 Rockrose court, addressed the council
requesting the actual maintenance costs of the city.
Mr. Norman Gravel, 2115 Hollyhock Lane, addressed the
council concerned about the assessment and requested to review
same with staff.
It was noted that staff would meet with the concerned
property owners to discuss the actual costs of the city for
maintenance of the District. The Mayor noted that the public
Hearing is scheduled for June 6, 1994.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider a rezoning from Ml (Limited
Industrial) District to MI-PUD (Limited Industrial) planned unit
Development District to be combined with adjacent C3-PUD (Shop-
ping center commercial) planned Unit Development District to
become a consolidated Ml/c3-PUD (Limited Industrial/shopping
Center commercial) planned Unit Development District on approxi-
mately 26.65 acres located on the west side of San Ysidro Avenue,
north of Leavesley Road, Glen Lorna corporation, Applicant,
Z 94-04.
The staff Report was noted and further explained by
Planning Director Dorn.
(At 9:00 p.m. the Mayor declared a Recess in order to
change the video tape and reconvened the meeting at 9:10 p.m.)
Planning Director Dorn further explained the staff Report.
Director of Public works Allen and city Engineer Smelser
explained the timing schedule for installation of the traffic
signals.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. Reed Larson, Director of Real Estate for Max Club,
addressed the council and further explained the proposed project
for the site.
65iO
commission
Ord.re:
Z 93-02
Mr. Don Andrews, AIA, addressed the council and explained
the building, site and landscaping of the proposed project.
Ms. Armenta Jensen, representing the civil Engineers of the
project, addressed the council giving a brief history of the
proposed improvements at the site and on Leavesley Road.
Mr. Jack Kent, Glen Lorna Group, addressed the council
further explaining the project.
Mr. Ben Koda, representing a 10 acre parcel adjacent to the
proposed project, GPA 93-3, addressed the council noting that he
would be applying for c3 zoning and the Public Hearing for same
is scheduled for september 1994. He noted that he is not in
favor of supporting the 11 acres additional land north of the Max
club project that may be detrimental for approval of his
application.
The Mayor asked if there was anyone further in the audience
wishing to speak for or against the proposal. There was no
comment from anyone in the audience. The Mayor closed the Public
Hearing.
Motion was made by councilman Gilroy seconded by
councilwoman Rowlison and carried that staff be directed to
prepare an ordinance approving Z 94-04.
council requested staff investigate possible earlier
installation of the traffic signal proposed at San Ysidro Avenue
and Leavesley Road.
The Mayor deviated from the regular order of the agenda in
order to accommodate interested persons in the audience re: A/S
94-06 (Max Club).
The staff Report for A/S 94-06 was noted on the proposal
for the construction of a retail establishment, located on the
west side of San Ysidro Avenue with frontage along the South
valley Freeway, between Leavesley Road and Las Animas Avenue, Max
Club, Applicant, further explained by Planning Director Dorn.
Motion was made by councilwoman Rowlison seconded by
councilman Kloecker and carried that A/S 94-06 be approved as
recommended by staff.
The Mayor returned to the regular order of the agenda.
The Mayor recommended the appointment of Donovan George
Bayuga to fill the unexpired term on the Library & culture
commission (1-1-96-Albert Quintero's vacancy).
Motion was made by councilman Gilroy seconded by councilman
Morales and carried that Donovan George Bayuga be appointed to
fill the unexpired term on the Library & culture commission.
The Mayor noted the proposed ordinance approving rezoning
from Al (Agriculture) and R3 (Medium Density Residential) to Rl-
PUD (single Family Residential-planned Unit Development) on 39.23
acres, and to R3-PUD (Medium Density Residential-planned Unit
Development) on 13.42 acres, on approximately 52.75 acres, on
property located on the west side of Thomas Road, north of Santa
Teresa Boulevard, Thomas Road properties, Ltd. and the Glen Lorna
Group, Applicants, Z 93-02. (Public Hearing held May 16, 1994.
Motion was made by councilman Gilroy seconded by councilman
Kloecker and unanimously carried that the ordinance be read by
title only and waived further reading of the ordinance. The
Clerk read the title of the ordinance.
Motion was made by councilman Kloecker seconded by council-
man Gilroy and carried that the proposed ordinance be introduced
approving Rezoning Z 93-10 and published by title and summary.
commission
Eminent
Domain
(Westoby)
Res.94-43
Visitors'
Bureau
commission
RDO
6511
Motion was made by councilman Kloecker seconded by Council-
man Gilroy and carried that a vacancy on the Library & culture
commission be declared per Article IX section 900 of the city
charter 1-1-95 (Judy King). Council set June 24, 1994 at 5:00
p.m. as the deadline for receipt of new applications and
completion of a questionnaire.
(At 10:55 p.m. the Mayor declared a recess in order to
change the video tape and reconvened the meeting at 11:04 p.m.
councilwoman Rowlison did not return to the Council table.)
The Mayor noted a recommendation to adopt a resolution
determining that the public interest and necessity require the
acquisition of a Fee Interest in 7,928 sq.ft., a utility easement
over 2,643 sq.ft., and a construction easement over 3,964 sq. ft.
of the property identified by APN 835-01-006 and directed the
filing of Eminent Domain Proceedings further explained by city
Engineer Smelser and Acting city Attorney Faber and that no
response from the city's offers had been received from the
property owner.
Mr. Michael stone, 16400 Lark Avenue, Los Gatos, addressed
the Council representing the Westoby property, requesting the
city reconsider the offer and pay $45,000.00 for the property
plus the cost of the easements.
It was recommended by Acting city Attorney Faber that the
city adopt the resolution and that the city could still negotiate
at anytime.
Motion was made by councilman Kloecker seconded by
councilman Morales that the reading of Resolution No. 94-43 be
waived and that it be adopted.
RESOLUTION NO. 94 - 43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF A FEE INTEREST, UTILITY EASEMENT, AND CONSTRUCTION
EASEMENT IN PROPERTY IDENTIFIED BY APN 835-01-006 AND DIRECTING
THE FILING OF EMINENT DOMAIN PROCEEDINGS.
PASSED AND ADOPTED this 23rd day of May, 1994, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES, ROGERS,
VALDEZ and GAGE
None
ROWLISON
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
At 11:26 p.m. councilwoman Rowlison entered and took her
seat at the council table.
Ernie Olivares, President & CEO of the chamber of Commerce,
addressed the council and presented and explained the Annual Re-
port of the Gilroy Visitors' Bureau, noting their plan of action.
council accepted the resignation of Dyan Tinsley, Library &
Culture commissioner with regret.
Mr. Jim Hoey, representing the local Builders' Association,
addressed the council requesting postponement of the 1994 RDO
competition.
Discussion was had by council on the matter. It was noted
that staff would determine if it would be feasible to extend the
1994 RDO competition and present council with a time schedule for
same.
The following informational items were noted with no
separate discussion on same, except as noted:
customer Service:
San Jose State University In Appreciation of Fire Chief;
6512
Plan.com.
5-19-94
P & R Com
Res 94-44
city Employee commending Parks and Recreation staff;
Police Department Employee of the Month of March 1994,
Officer Greg Flippo;
city's Response to Legislative Bills;
League of California cities Legislative Bulletin, #18 -
1994; (Discussed city's responses to various legislative bills.)
Susan M. Baker Requesting Additional Funds for Police
Department for Anti-crime Team work;
police Department Employee of the Month of February, 1994 -
officer Romeo DeKalaita;
Fifth Annual Blue & Gold wounded in service Award Banquet,
May 18, 1994, I.F.D.E.S. Lodge - 11:45 a.m.
The Report of the planning commission Meeting of May 19,
1994 was noted.
The Minutes of the Parks & Recreation commission Meeting of
May 3, 1994 were noted.
The Minutes of the senior Advisory Board Meeting of April
18, 1994 were noted.
Motion was made by councilman Kloecker seconded by
councilwoman Rowlison that the reading of Resolution No. 94-44
Revising the Master street Tree Planting plan be waived and
adopted as recommended.
RESOLUTION NO. 94 - 44
RESOLUTION OF THE COUNCIL OF THE CITY OF
MASTER STREET TREE PLANTING PLAN.
PASSED AND ADOPTED this 23rd day of May,
vote:
AYES:
GILROY REVISING THE
1994 by the following
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROWLISON, VALDEZ and GAGE
None
None
ROGERS,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
council had no objection to delegate the Parks & Recreation
Commission to approve revisions to the Master Tree Planting plan
and personnel commission to approve job classifications.
city Administrator Baksa noted a request of Joint Silicon
valley Network for $7500.00 to be discussed at the council Budget
Study Session.
city Administrator Baksa noted the council Survey to be
discussed at the Budget Study session.
city Administrator Baksa noted information distributed to
council regarding the Joint Gilroy/Morgan Hill study session on
Refuse Rate Review. (councilwoman Rogers noted that she would be
absent.)
city Administrator Baksa distributed information on a
proposed Municipal code amendment to be acted upon at a future
Council meeting.
city Administrator Baksa noted information on the city-wide
survey to be presented to council at a later date.
Acting city Attorney Faber recommended the city join Amicus
Brief request from the city of San Jose in the Case of People v
Acuna. Motion was made by councilwoman Rowlison seconded by
councilman Morales and carried that the city join Amicus Brief
request of the city of San Jose as recommended.
Adjrnmt.
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Councilwoman Rogers gave an update on the Visitors' Bureau.
The Mayor noted the following meetings/events:
City Council study session re: 1994-1995 Budget, May 24 _
7:30 p.m. and (if necessary) 25, 1994 - 7:00 p.m., council
chambers, city Hall, 7351 Rosanna street, Gilroy, CA 95020;
Joint GilroY/Morgan Hill Councils' study session, May 26,
1994 - 6:00 p.m., civic center, 17555 Peak Avenue, Morgan Hill,
CA 95037 re: Refuse Rate Review;
Joint Gilroy/Morgan Hill/Hollister councils' study session,
June 1, 1994 - 4:00 p.m., civic center, 17555 Peak Avenue, Morgan
Hill, CA 95037 re: cable Rate setting Proposal (Analysis of FCC
Form 393 Submission);
Joint Gilroy city council/Chamber of Commerce Board of
Directors' study session, June 9, 1994 - 7:00 p.m., Chamber of
Commerce Conference Room, 7471 Monterey street, Gilroy, CA 95020
re: Issues of Mutual Concern; and
Gilroy city council study session, June 13, 1994, 7:00 p.m.
Employees' Lounge, city Hall, re: Development Impact Fees.
At 12:21 a.m. on May 24, 1994 the Mayor adjourned to a
closed session re: Conference with Legal Counsel - Existing
Litigation - GC Sec. 54954.5(c) re: North v. city of Gilroy, Case
No. C 92-20820 JW (PWT).
At 12:30 a.m. the Mayor reconvened the meeting and further
adjourned.
Respectfully submitted,
A'U4~&.~Wui;--
,~susanne E. steinmetz, city clerk ~