Minutes 1994/08/01
Posting
Agenda
Roll Call
Consent
cale~dar
Ord.94-14
Tree Planting
Budget
Res.94-60
Ord. 94-15
& 94-16
6543
Regular Meeting
August 1, 1994
Gilroy, califprnia
The Mayor led the Pledge of Allegiance to the Flag.
The city Clerk noted that the Agenda had been posted on
July 28, 1994 at 8:45 a.m.
Present: councilmembers: Paul V. Kloecker, Charles s.
Moral~s, connie Rogers, Suellen C. Rowlison, Pete Valdez, Jr. and
Donald F. Gage; 7:00 p.m.; Absent: councilmember: K. A. Mike
Gilroy.
Motion was made by councilwoman Kloecker, seconded by
Councilman Valdez that ~he following items under the Consen~
Calenqar be approved by the following ~oll call Vote: Ayes:
councilmembers: Paul V. Kloecker, <;harlies S. Morales, connie
Rogers, suellen C. Rowlison, Pete valdez, Jr. and Donald F. Gage;
Absent: Councilmember: K. A. Mike Gilroy:
Adopted ordinance No. 94-14 amending sections 26.4 and
26.5-1 of the City code providing that the Gilroy Parks and
Recreation Commission shall have final approval authority over
the Master Tree List and Master street Tree Planting Plan;
ORDINANCE NO. 94 - 14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING
SECTIONS 26.4 AND 26.5-1 OF THE GILROY CITY CODE PROVIDING THAT
THE GILROY PARKS AND RECREATION COMMISSION SHALL HAVE FINAL
APPROVAL AUTHORITY OVER THE MASTER TREE LIST AND THE 'MASTER
STREET TREE PLANTING PLAN.
PASSED AND ADOPTED this 1st day of August, 1994, by the following
vote:
AYES:
COUNCILMEMBERS:
KLOECKER, MORALES, ROGERS, ROWLISON,
VALDEZ and GAGE
None
GILROY;
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
Approved Budget Amendments/Transfers as recommended;
Adopted Resolution No. 94-60 approving renewal of Mortgage
Credit Certificate Program (MCC) 1994 as recommended;
RESOLUTION NO. 94 - 60
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RELATING TO AN
APPLICATION FOR ALLOCATION OF MORTGAGE CREDIT CERTIFICATE
ISSUANCE AUTHORITY.
PASSED AND ADOPTED this 1st day of August, 1994, by the following
vote:
AYES:
COUNCILMEMBERS:
KLOECKER, MORALES, ROGERS, ROWLISON,
VALDEZ and GAGE
None
GILROY;
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
Adopted Ordinances 94-15 and 94-16 respectively, fixing
amount of revenue from property taxes necessary to pay bonded or
other indebtedness of the city for 1994-1995 and fixing ad
valorem assessment for 1994-1995 - parking District No. 1 - First
Division;
ORDINANCE NO. 94 - 15
ORDINANCE OF THE CITY OF GILROY FIXING AMOUNT OF REVENUE FROM
PROPERTY TAXES NECESSARY TO PAY BONDED OR OTHER INDEBTEDNESS OF
THE CITY OF GILROY OR ANY PORTION OR DISTRICT OF THE CITY OF
GILROY FOR THE FISCAL YEAR 1994-1995.
PASSED AND ADOPTED this 1st day of August, 1994, by the following
vote:
6544
Minutes
cable TV
Dev.Agree.
(Max Club)
pub.Hear.
Z 93-09
(sil. valley ('0,)
AYES:
COUNCILMEMBERS:
KLOECKER, MORALES,
VALDEZ and GAGE
None
GILROY;
ROGERS, ROWLISON,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
ORDINANCE NO. 94 - 16
ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT
FOR THE CURRENT FISCAL YEAR 1994-1995 NECESSARY TO PAY BONDED
INDEBTEDNESS OF THE CITY OF GILROY AND THE CITY OF GILROY PARKING
DISTRICT NO. 1 - FIRST DIVISION.
PASSED AND ADOPTED this 1st day of August, 1994, by the following
vote:
AYES:
COUNCILMEMBERS: KLOECKER, MORALES, ROGERS, ROWLISON,
VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBERS: GILROY;
NOES:
ABSENT:
Approved the Minutes of the Regular Council Meeting of July
25, 1994;
Noted the Joint cable TV Refranchising Status and concep-
tually approved the Memorandum of understanding as presented; and
(Addendum) Approved a Development Agreement with Max club
project, located at San ysidro Avenue (Joseph Filice) as
recommended.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a rezoning from Rl (single
Family Residential) District to RI-PUD (single Family Residen-
tial-planned Unit Development) District on 34.4 acres, located
between Church Street and Wren Avenue north of Las Animas park,
and west of Wren Avenue along the future extension of Mantelli
Drive, silicon valley companies, applicant, Z 93-09.
The Staff Report was noted and further explained by planner
II Faus.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. Geary coats, representing the applicants and owners
addressed the council noting acceptance of all conditions of
staff and further noted that the owners/applicants would replace
the significant oak tree with a minimum of 35 gallon oak trees on
each of the 12 lots at the south side of Mantelli Drive.
city Administrator Baksa presented a report from the city'S
Urban Forester recommending the city use a consultant, Certified
Arborist, to make a recommendation on the oak tree that was
removed by the developer in error.
Discussion was had by council in regard to the city'S
present landscaping policy and request to strengthen the present
policy for preservation of identified significant trees and
suggested a $5000 fine be in place for illegal removal of
significant trees.
Andy Holiday, 770 Ramona Way, addressed the council and
noted that the developers knew that the oak tree removed was of
significant status.
Tim silva, 787 Ramona Way, and cabinet contractor addressed
the council and noted that he has installed cabinets in other
homes of Kaufman & Broad and that they were aware of the
significant oak tree removed from this project.
Don culver, 8539 Kelton Drive, addressed the council and
noted that he has read all of the documents in connection with
this application and that he disagrees with some of the state-
ments within the Traffic study, and noted that three new
projects, recently approved, were not included within this study.
6545
John Maciazek, 799 Ramona way, addressed the counci~ and
noted concern with the increase traff~c that will be generated on
Ramona Way if this development is approved.
Lucy Armendariz, 761 Ramona Way, addressed the council
opposed to the proposed development and removal of the oak tree
within the project. she read a poem authored by her daughter (13
years old) regarding the loss of the oak tree.
Mark smith, 297 carla court,
that he is a stucco contractor and
flbw and opposed to the rezoning.
Traffic study and that the traffic
addressed the council noting
is concerned with the traffic
He noted opposition to the
flow maps are incorrect.
valerie Kelly, residing at the corner of Ramona Way and
Kern Avenue, noting opposition to development of the Filice
property, noting that Kern Avenue is pot an adequate street to
hold the traffic from this proposed development and additional
traffic from the development of the Filice property.
Andy Holiday addressed the council and noted that traffic
is a major problem and needs to be addressed, including a
crosswalk on Ramona for the students walking to Rod Kelly School
and requested the council address this issue and the problem at
the intersection. He further suggested that the city immediately
complete the two lanes for the future extension of Mantelli Drive
and requested a crosswalk at Ramona and Wren until the extension
of Mantelli Drive is completed.
Tim silva, 787 Ramona Way, addressed the council and
suggested that the city prohibit building of the 12 lots north of
Ramona Way and designate said land as a park.
The Mayor asked if there was anyone further in the ~udienc~
wishing to speak on he matter. There was no further comment from
anyone in the audience. The Mayor closed the Public Hearing.
Director of Public Works Allen explained the proposed
extension of Mantelli Drive and elimination of an additional oak
tree unless the extension of Mantelli is redesigned to provide
for the preservation of said tree. He noted that the city
recognizes that the completion of Mantelli Drive will alleviate
the traffic on Ramona Way and that same should be completed
between completion of phase I and beginning of phase 2.
At 9:00 p.m. the Mayor declared a Recess and reconvened the
meeting at 9:08 p.m.
Further discussion was had and the Director of Public Works
noted that a crosswalk at Kern Avenue to Rod Kelly school is not
feasible and cannot be funded by the Traffic Impact Fees.
Mr. Dave Lazares, silicon valley Diversified, addressed the
council noting that phasing of the project was based upon
economics.
council noted that they preferred the alignment of Mantelli
Drive that would preserve the oak tree and requested that staff
determine if the property owner adjacent to the proposed
development would be in agreement to this proposal.
Mr. Augie Dent, Kaufman & Broad, addressed the council
noting that a delay in approval of this project would be severe
and extreme economic impact on their project; that they are ready
to proceed immediately noting that the oak tree incident was
accidental and that they did not believe said tree to be
significant and their action was unintentional. He further noted
that they would agree to planting of 12 additional oak trees on
the lots on the south side of Mantelli Drive and make every
effort to save the oak tree that has been partially removed.
654G
pub.Hear.
TM 93-04
Motion was made by councilman Kloecker seconded by
councilman Valdez and carried that the Negative Declaration be
approved as completed in compliance with CEQA, as reflecting the
independent judgement of the city and the Mitigation Monitoring
Program be adopted.
Acting city Attorney Faber noted that additional measures
for preservation of the oak tree could be entered in the record
at the time the Tentative Map or Architectural and site
conditions are approved.
Councilwoman Rowlison requested that future references to
significant trees be included in the EIR and original Negative
Declaration.
Motion was made by councilman Kloecker seconded by
councilman Morales and unanimously carried that the ordinance
approving the rezoning from Rl to RI-PUD 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
councilman Valdez and carried that the ordinance approving the
rezoning of Z 93-09 be introduced and published by title and
summary.
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider a request for approval of a
Tentative Map to subdivide approximately 34.4 acres into 189
residential lots, comprising of 62 single family lots @ 7,000
sq.ft., 56 "cottage" condominium lots @ 3,300 sq,.ft., 71
"village" condominium lots @ 5,000 sq.ft., and a remaining parcel
delineated with 23 future lots (Phase VI not a part of current
request) on property located between Church street and Wren
Avenue, north of Las Animas park, and west of Wren Avenue along
the future extension of Mantelli Drive, silicon Valley companies,
applicant, TM 93-04.
The staff report was noted and further explained by planner
II Faus, noting that Mitigation Measures #19 and #20 pertaining
to park lands were not discussed at the rezoning public hearing.
The Mayor asked if there was anyone in the audience wishing
to speak on the proposal.
Geary coats, representing the applicants, addressed the
council and requested approval of a portion of the map if the
council were to continue the portion of the map that includes the
future extension of Mantelli Drive.
Acting city Attorney Faber recommended that council not
take action on a portion of the map presented because the
application included the entire area.
Don Culver addressed the council recommending that the
matter be continued because the future extension of Mantelli
Drive is critical and should be included in the final decision.
Tim silva addressed the council and recommended that
council proceed to consider blocking off of Ramona Way.
Motion was made by councilwoman Rogers seconded by
councilman Valdez and carried that the public Hearing for TM 93-
04 be continued to september 6, 1994 regular council meeting in
order to allow staff to discuss the future extension of Mantelli
Drive with the adjacent property owner. Action on the Final Map
and Development Agreement for this project was also continued to
september 6, 1994.
Motion was made by councilwoman Rogers seconded by council-
woman Rowlison and carried that staff be directed to follow the
recommendation of the city'S urban Forester and investigate
Pub.Hear.
Garb. Rates
R~s.94-61
Res.94-62
f .-.,.."....
6547
additional conditions to strengthen the landscape policy of the
city to include additional penalties for violators.
Motion was made by councilman Kloecker seconded by
councilman valdez and carried that A/S 94-15 planned unit
Development (PUD) design approval for the overall project design
of 189 dwelling units, and specific design approval for the
construction of 61 single family detached dwellings on proposed
lots west of Wren Avenue, Silicon valley companies, Applicant, be
continued to september 6, 1994 regular council Meeting.
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider revision and adjustments of
charges for the collection of garbage, rubbish and refuse in the
city of Gilroy.
41
The staff Report was noted and further explained by Gity
Administrator Baksa noting that the proposed resolution includes
3% cost of living increases previously agreed in concept by
council.
scott Hobson, partner with the Consultant firm of Hilton,
Farnkopf & Hobson, addressed the council noting that they
reviewed the application for a rate adjustment and he further
explained their recommendation on same.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed revisions and adjustments of
charges for the collection of garbage, rubbish and refuse in the
city.
There was no comment from anyone in the audience. The
Mayor closed the Public Hearing.
Motion was made by councilman Kloecker seconded by
councilman Valdez that the reading of Resolution No. 94-61 be
waived and that it be adopted.
RESOLUTION NO. 94 - 61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADJUSTING
AND FIXING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE, REFUSE,
AND RUBBISH.
PASSED AND ADOPTED this 1st day of August, 1994, by the following
vote:
AYES:
COUNCILMEMBERS: KLOECKER, MORALES, ROGERS, ROWLISON,
VALDEZ and GAGE
COUNCILMEMBERS: None
COUNCILMEMBER: GILROY
NOES:
ABSENT:
Acting city Attorney Faber presented and explained a
proposed resolution of necessity required for the acquisition of
a fee interest, utility easement, and construction easement on
property within the North Forest Street Assessment District
identified as the chen Property and noted that the resolution
directs the filing of eminent domain proceedings. He further
noted that there does not appear to be any contest, however
because of the divided ownership and difficulty in obtaining all
signatures to receive clear title of the property, this process
is necessary.
Director of Public Works Allen explained the necessity of
the easements required to provide larger turning radius as the
property will be serviced by large trucks and noted that the
construction easement is a temporary easement, further explaining
the findings necessary for these proceedings.
\:'
Motion was made by Councilman Kloecker seconded by
councilman Morales that the reading of Resolution No. 94-62 be
waived and that it be adopted, determining necessity required for
acquisition of said property and directing the filing of Eminent
Domain proceedings.
~ .
6548
SCCO.Manf.
Group
Plan.Com.
7-27-94
SCRWA
RESOLUTION NO. 94 - 62
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 835-01-049 AND -50 AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS.
PASSED AND ADOPTED this 1st day of August, 1994, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
KLOECKER, MORALES, ROGERS,
VALDEZ and GAGE
None
GILROY
ROWLISO~,
Mr. Terry Fineberg, Executive Director of Tri county
Apartment Association and Chris Block of the catholic Charities
and member of the Housing Action Coalition, representing Santa
Clara County Manufacturing Group, addressed the Council and
distributed The Housing Action Coalition Research Brochure noting
the realities of affordable housing and myths of same.
Council took no action on the request of San Juan
capistrano for a resolution in support of the League of
California cities Public safety Committee regarding Crime.
The following informational items were noted with no
separate discussion on same:
Customer Service:
Jerrod and Justin Nicholls In Appreciation of Fire Fighters
ID Cards;
South county News Article re: Volunteer Service Program;
Gilroy Garlic Festival Association In Appreciation of Parks
& Recreation Department's Efforts;
Matthew Drummond In Appreciation of Police Department's
Actions;
Planning Department Update Report of Long-Range
Applications;
Alliance for Food and Fiber
Mediterranean Fruit Fly (Medfly);
for anyone desiring to view.)
Video on Infestation of the
(city Clerk has a Video tape
Proclamation Issued by Mayor Gage: Ivie Anderson Day _
August 14, 1994;
Monthly Cash and Investments Report - April 30, 1994 and
May 31, 1994; and
city of San Jose Retirement Event for Representative Don
Edwards. (RSVP city Clerk by 9-1-94.)
The Report of the Planning commission special Meeting of
July 27, 1994 was noted.
The Minutes of the South county Regional Wastewater
Authority (SCRWA) Meeting of May 24, 1994 were noted.
The Mayor explained the SCRWA June 1994 meeting regarding
San Martin sewer services approved at South County Regional
Wastewater Authority level.
city Administrator Baksa requested Council return the maps
to the city Clerk for A/S 94-15 and TM 93-04 Silicon valley
applications continued to september 6, 1994 regular meeting.
-r
Mayor Pro-
tempore
Adjrnmt.
. ;
6'5 4 ~}
city Administrator Baksa distributed copies of RFPs for the
Youth Center requesting any additions desired by council and to
contact Parks & Recreation Director if Council wishes proposals
be forwarded other organizations after tonight's meeting.
The Mayor appointed councilman Kloecker as Mayor Protempore
for a term expiring April 1, 1995.
The Mayor reported on a successful Garlic Festival with
minimal problems.
The Mayor noted no council Meetings scheduled until
september 6, 1994.
councilwoman Rowlison requested the Resolution supporting
and indicating intent to participate in "Healthy Region
consortium" be re-agendized for september 6, 1994.
councilman Morales gave a report on the League of
California cities Conference he and councilwoman Rogers recently
attended in Monterey.
The Mayor noted the following:
city of Gilroy Annual Barbecue, August 20, 1994 - 4:00 p.m.
to 11:00 p.m., christmas Hill Park;
League of california cities General Membership Meeting,
August 25, 1994 - 5:30 p.m., Ming's Restaurant, Palo Alto. RSVP
8-12-94 city Clerk; councilmembers: Rowlison, Valdez, Kloecker
& Rogers requested reservations for same;
Gilroy city Council study session, september 12, 1994 -
7:00 p.m., council Chambers, city Hall, 7351 Rosanna street,
Gilroy, CA 95020 re: city council Goals and Objectives -
strategic Plan;
Joint Council/chamber of Commerce Board of Directors study
session, september 15, 1994 - 7:00 p.m., Chamber of Commerce
Conference Room, 7471 Monterey street, Gilroy, CA 95020, re:
Issues of Mutual Concern; and
Joint council/Planning commission study session, september
20, 1994 - 7:00 p.m., Employees' Lounge, city Hall, 7351 Rosanna
street, Gilroy, re: Briefing by county of Santa Clara staff
regarding Revisions to the county of Santa clara General Plan.
At 11:04 p.m. the Mayor Adjourned to Tuesday, september 6,
1994. (September 5, 1994 Legal Holiday) (August 15 and 22,
1994 Regular Meetings previously cancelled.)
Respectfully submitted,
~a.w)~ /c9~
Susanne E. ste1nmetz, cit~r~