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Minutes 1985/08/05 ... Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the bid of Don Tucker & SOns, Gilroy, in the amount of $27,738.00 be awarded for the Levee ~econstruction Project 1985-2 as recommended. -Ci.ty Administrator Pro tempore Reins'ch recommended award of a bid to Don Tucker & Sons, Gilroy, in the amount of $27,738.00 for the Levee Reconstruction Project 1985-2. Approved Deferred Development Agreements with Alfred & Norma J. Powell, Homestead Savings, and Harold and June Packard as recom- mended. Denied a claim from Carolyn M. Bolander as recommended; and Accepted the new Telemetry System (Digital Radio Telemetry Control System 1984-2) as recommended; Approved a Lease Agreement with Santa Clara Valley Water District for their South County Offices; Rejected a late Personal Injury Claim of Margaret Grayot as recommended; COUNCIL MEMBERS: GAGE, MUSSALLEM, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: ALBERT, KLOECKER and PATE; ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 5.l'ACRE PARcEL, MORE OR LESS, ON THE EAST SIDE OF KERN AVENUE NORTH OF RAMONA WAY FROM Rl (SINGLE FAMILY RESIDENTIAL) DISTRICT TO R2 (TWO FAMILY RESIDENTiAL) DISTRICT AND R3 (MEDIUM DENSITY RESIDENTIAL) DISTRICT. PASSED AND ADOPTED this 5th day of August, 1985, by the following vote: AYES: NOES: ABSENT: ORDINANCE NO. 85-12 Adopted Ordinance No. 85-12 rezoning fromRl (Single Family Residential) and R2 (Two Family Residential) District on approxi- mately 5.1 aCres located on the east side of Kern Avenue, north of Ramona Way, Lloyd Martin, applicant. Approved the Minutes of the Regular Council Meeting of July 15, 1985; Motion was made by Coun9ilman Gage seconded by Councilman Valdez that the following items under the Consent Calendar be ap- proved by the following Roll Call Vote: Ayes: Councilmembers: Gage, Mussallem, Valdez and Hughan. Absent: Councilmembers: Albert, Kloecker and Pate: Present: Council Metnbers: Donald F. Gage,'Larry Mussallem, Pete Valdez, Jr. and Roberta H. HU9han. Absent: Council Members: Sharon A. Albert, Paul V. Kloecker and John: E.'Pate. The Regular Meeting of the Gilroy City Council was called to order by Her Honor Roberta H. Hughan at 8:05 p.m. Mayor Hughan led the Pledge of Allegiance to the Flag. August 5, 1985 Gilroy, Califorpia Bids-Levee Re- construction Proj. 85-2 Def. Dev. Agreements Claim - C.M. Bolander Lease-SCVvm Office Space Telemetry System Late Claim- M. Garyot Ord. #85-12 Rezoning - L. Martin Minutes Consent Calendar Roll Call 51 58 Bids re: Mower- Golf Course ".,.. .. Bids - Harley Power Rake Pub.Hear. re: Tent. Map- Lloyd Martin - .... - .... 5159 bid of 5-gang City Administrator Protempore Reinsch recommended award of C & N Tractor, Watsonville, in the amount of $7,200.00 for P.T.O. Drive Mower for the Gilroy Golf Course. one the Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the bid of C & N Tractor, Watsonville, in the amo~nt of $7,200.00 for one 5-gang P.T.O~ Drive Mower for the Gilroy Golf Course be awarded as recommended. Councilman Valdez recommended that Purchasing Agent Mullings be present at the Departmental Reports for the Finance Department to ex- plain the City's bidding procedures. City Administrator Reinsch recommended award of the bid of Glenmac in the amount of $5,600.00 for a Harley Power Rake. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the bid of Glenmac in the amount of $5,600.00 be awarded as recommended for a Harley Power Ra]~e. Councilman Valdez suggested the possibility of the City of Morgan Hill renting said equipment. The Mayor stated that it was the time and place scheduled for the continued Public Hearing to consider a Tentative Map request for a residential subdivision of 33 lots on property located on the east side of Kern Avenue, north of Ramona Way, Lloyd Martin, applicant. The Staff Report was noted and an Addendum request by Council July 15, 1985, was further explained by Planning Director Dorn. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. William K. Henrv, representing the applicant, addressed the Council further explaining the proposed street width within the project. The Mayor asked if there was anyone present in the audience wishing to speak for the proposal. Mr. Lloyd Martin, applicant, addressed the Council and further explained his proposed project. The Mayor asked if there was anyone present in the audience wishing to speak against the proposal. Mr. Bob Irving, 837 Ramona Way, addressed the Council and presented photographs to Council of the traffic patterns, etc. Mr. Paul Boykin, 8895 Kern Avenue, addressed the Council inquiring of the adjacent property owners responsibility for street dedications. Mrs. Ruth Irving, 837 Ramona Way, addressed the Council and in- quired of the City's consideration of the school bus stop locations on Kern Avenue requesting that arterial stop signals be erected at Ramona and Kern Avenue to reduce traffic speed on Kern Avenue and requested that the property owner plant trees along properties on Ramona Way to protect Ramona Way properties. The Mayor :"lote:l that t'lis could :be an Architectural & Site Com- mittee recommendation at the "time unit No. 2 is pro?osed. Mrs. Ann Boykin, 8895 Kern l:\'venue, addressed the Council inquiring of the parkin9 rec:.~1irerlient of the proposed project, lighting problem, and noting that the 35 mph speed limit is not fOllowed; fllrt.her noting accidents occuring on said street are not reported, poor visibility on said street, and no designa.ted spaces for the -school buses. The Mayor ash,d if tll.ere wishing to speak on the matter. anyone in the audience. .~7CI.s anyone .further j_n the audience There was no further comment from Motion was made by Councilnan A11lssaller:\ seconded by Councilman Gage and carried that the Public Hearing be closed. 5160 Pub. Hear. re: Ch. 2l-Vesting Tent. Maps Pub. Hear. re: Tent. Map - J. Price Pub. Hear. re: Tent. Map - Silicon Val- ley Dev. Southwest Quad Study Res. #85-49 re: Pkg. Limits- pierce St. Discussion was had by Council on the matter. Motion was made by Councilman Valdez seconded by Councilman Gage and carried that the Tentative Map presented be denied. Code The Mayor stated for a Public Hearing to City Code providing for that it was the time and place scheduled consider amending Chapter 21 of the Gilroy vestin~ tentative maps. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if to speak on the proposal. audience. there was anyone in the audience wishing There was no comment from anyone in the ....... Motion was made by Councilman Mussallem seconded by Council- man Gage and carried that the Public Hearing be closed. Motion was made by Councilman Mussallem seconded by Council- man Gage and carried that the proposed ordinance be introduced, reading waived, and that it be published by title and summary amending Sections 21.39 and 21.40 and enacting Section 21.83.1 of the Gilroy City Code providing for vesting tentative maps. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a Tentative Map request of Jim Price and recommended that the Public Hearing be continued to September 16, 1985, due to the Planning Commission hearing of August 1, 1985, rescheduled. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the Public Hearing to consider a Tentative Map request of Jim Price for a residential condominium townhouse subdivision of 28 lots on property located on the east side of Wren Avenue at Maria Way on approximately 2.62 acres zoned R3 (Medium Density Residential) District be continued to September 16, 1985, as recommended. ...... ."',,- The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a Tentative Map request of Silicon Valley Development Corporation and recommended that the Public Hearing be continued to September 16, 1985, due to the Planning Commission hearing of August 1, 1985 rescheduled. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the Public Hearing to consider a Tentative Map request of Silicon Valley Development Corporation for a resi- dential subdivision of 45 lots on property located at the imme- diate northwest corner of Santa Teresa Boulevard and Mantelli Drive on approximately 10.1 acres zoned Rl (Single Family Resi- dential) District be continued to September 16, 1985, as recommended. The Mayor noted the Report of the Southwest Quadrant Study and asked if there was anyone present in the audience wishing to speak on the matter. Mr. Leon O'Dell, representing the Gilroy First Assembly of God Church, addressed the Council and noted that they concur with the fees based upon acreage. -. The Mayor suggested that said study proposal be tabled to the next Council Meeting for additional input from absent Council- members. ',t. ,....41 Motion was made by Councilman Valdez seconded by Councilman Gage and carried that the Southwest Quadrant Study be tabled to the August 19, 1985, regular Council Meeting as recommended. The Mayor suggested that the property owners be invited to the August 19, 1985, regular meeting for their input regarding the Southwest Quadrant Study. City Administrator Protempore Reinsch presented and explained a recommendation for time limit parking on pierce Street. Discussion was had by Council. -- .... Gilroy/Man- hattan Assoc. Lib. & Cult. Com. Appts. "'". - South Valley Inter-Com. Hospital - -- Mandatory Soc. Sec./Medicare requirements 51 61 Motion was made by CounciLman Gage seconded by Councilman Mussal- lem that the reading of Resolution No. 85-49 be waived and that it be adopted limiting parking on the south side of pierce Street from 180 feet east of Church Street to 280 feet east of Church Street. RESOLUTION NO. 85-49 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING PARKING TIME LIMITS ON THE SOUTH SIDE OF PIERCE STREET. PASSED AND ADOPTED this 5th day of August, 1985, by the following vote: AYES: COUNCIL MEMBERS: GAGE, MUSSALLEM, VALDEZ and HUGHAN NOES: COUNCIL. MEMBERS: NONE ABSENT: COUNCIL MEHBERS: ALBERT, KLOECKER and PATE Council requested that the immediate businesses be notified that their employees must park onsite rather than on the street. ':':'he 1\1ayor noted ii. request by Gil:roy-r4anhattan Associates for approval of a planned unit develop~ent - Architectural & Site design review of a 33 lot residential subdivision. Councilman Mussallem noted that ~e canno.t 'cake part in the dis- cussion nor vote upon the matter due to a conflict of interest. Motion was made by COllncilman Valdez seconded by Councilman Gage and carried that the request of Gilroy-Manhattan Associates for approval of a planned unit development - Architectural & Site design review of a 33 lot residen'.:ial subdivision be tabled to the August 19, 1985, regular meeting clue to no quorun available a'c this aeeting. The Mayor noted that it was the time and place scheduled for local citizens interested in Librarv and culture commission appointments to present their qualifications. She noted that letters have been received from Mary B. Lee and Barbara Allen. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Ms. Mary B. Lee addressed the Council and noted her interest in one of the appointments. There was no further person in the audience wishing to speak on U18 matter. It "'!as nob~d i:hai.: the appointments would be made at the August 19, 1985, regllJ.ar Council 'r1eeting. The Mayor asked if there was anvone in the audience wihsing to speak on any matter not on the agenda. There was no comment from anyone in. the audience. A request of SO'.lth Valley Int:ercommunit~: Hospital for a Council Study Session regarding preparation of the EIR :Cor their proposed project was noted. The Mayor asked if there was anyone present in i.:he audience wishing to speak on the matter. !lis. Bonnie SiJ:lonsen, Chairperson of their Board of Trustees, addressed the Council noting that they need to meet '^iith the City Council ..... '>"'l ; C':~ \....l..~.:) month. Council set a Study SEssion of August 2~, 19n5, at 7:30 p.m. in the Employees' Lounge, City Hall, to discuss the proposed project of the South Valley Il".tercoT'lTannity r-iospi,tal. The League of California Cities Liegislative Bulletin #28-1985 re: Mandatory State and Local Government Emplovee Medir.are and/or Social Security Coverage proposed to increase Federal Revenues and reduce the deficit was noted. Hoi:ion .was made].y Co'~~ncilman ;i.Taldez seocndeu by Councilman GEtn;e and carried that the City supports the Lea'}ue's position. in opposition to this proposal and reques~ed that the local legislators be notified. %';-,:~",__Tl;;;:4":;r~lf['W'f T',-II 1 r "',r --_,_,,",,,,><,_,'1\ Itfll"ltl~toI;;i 5162 .;;...... ~.,..~;',..."'..:"""""-*."'..,._,_"'~_~\__""~~~.:".......,ftr.li". '.". '("} .....\~~1iIR:)fli..~ 'X'lii.4-' ~"""''''~~''",,~'W;'>''''''~'"''''''"'~ ~-_. ---...---- The following informational items were noted with no separate discussion on same: Director of Public Works re: Police & Fire Response; South Valley Counseling Center, Inc. thanking Council for their 1985-86 Budget allocation; Proclamation issued by Mayor Hughan re: National Arts Week, September 23-30, 1985; Sammut Brothers Developers regarding their Leavesley Road/ Murray Avenue Project; - City's response re: County Referral of property at the northeast corner of Buena Vista Avenue and Monterey Road; City of Morgan Hill and Morgan Hill Hillside Church re: assistance in recent fires; and Minutes of the June 6, 1985, Santa Clara County Inter- governmental Meeting. JPSA Meetings The Minutes of the Joint Powers Sewer Advisory Committee Meeting of' July 9 and 23, 1985, were noted. RDO Allocation Adjustments Condemnation proceedings re:Utility Easements Councilman Mussallem inquired of the procedures taken in regard to the Planning Commission Meeting recently cancelled due to lack of a quorum further explained by Planning Director Dorn. Mr. Hiram Miller', repres'enting Gilrc>y'-Manhattan Associates, addressed the Council and requested that ~he Building Department be allowed to begin processing their planned unit development map of a 33 lot residential subdivision, noting that they would take their chances in the event that the City required additional changes, etc. ..-011I\ Council had no objection to same due to the Planning Com- mission meeting rescheduled and Council unable to act due to a lack of a quorum. ,illlt",di!fjk A Report On a request for adjustments to RDO allocations was noted and further explained by Planning Director Dorn. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Ted Schaal addressed the Council and noted that the market place should determine the number of houses to be built and at what pace the developer constructs the buildings awarded through the RDO process. Mr. Cal LeNeave, Santa Teresa Boulevard, addressed the Coun- cil and inquired how this would effect his property with no allot- ment. Mr'. Hiram Miller addressed ,the Council in regard to the Gilroy-Manhattan Associates project and noted that they may re- quest an addition 22 units because of the City's requirement to design the project to the north rather than to the west as ori- ginally proposed. - Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that Staff's recommendations in regard to design changes as presented be approved and deferred action of transfer of allocations for additional study on same at the Coun- cil study session regarding sewer allocations. city Administrator Protempore Reinsch requested authoriza- tion to initiate condemnation proceedings for utility easements in the northwest quad. Motion was made by Councilman Mussallem seconded by Council- man Gage and carried that condemnation proceedings be authorized as recommended and as needed. fl' 1J!.-~".:t~IJlIl Tax Rate-Pkg. Dist. #1, Ord. #85-13 & #85-14 .... .... 5163 City Administrator Protempore Reinsch recommended setting the tax rate for Parking District No.1. Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Ordinance No. 85-13 establishing required revenues for parking District No. 1 be waived and that it be adopted. ORDINANCE NO. 85-13 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 1985-1986. PASSED AND ADOPTED this 5th day of August, 1985, by the following vote: AYES: COUNCIL MEMBERS: GAGE, MUSSALLEM, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: ALBERT, KLOECKER and PATE Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Ordinance No. 85-14 setting the tax rate for Parking District No.1-1st Division be waived and that it be adopted. ORDINANCE NO. 85-14 ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT FOR THE CURRENT FISCAL YEAR 1985-1986 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 5th AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: day of August, 1985, by the following GAGE, MUSSALLEM, VALDEZ and HUGHAN NONE ALBERT, KLOECKER and PATE vote: - Gav. Water Dist. City Administrator Protempore Reinsch presented a letter from Vacancies the Santa Clara Valley Water District noting two vacancies on the Gavilan Water Conservation District Board. .... S.P. Lease- Pkg. Lot - .... Adjournment City Administrator Protempore Reinsch presented a lease with the Southern Pacific Transportation Company for the parking lot at the end of Hornlein court, dated September 13, 1984, to September 13, 1985, recommending authorization to execute same and noting that the property owner is in the process of purchasing this property. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the lease agreement with Southern Pacific Trans- portation Company for the parking lot at the end of Hornlein Court be authorized for execution as recommended. Councilman Gage noted that he will be attending the hearing in Sacramento before the State Water Quality control Board if anyone would like to attend with him. Councilman Valdez noted that the City/School Liaison Committee will be recommending a specific school site to Council for a General Plan amendment. The City Attorney noted that Councilmembers could not hold any other public office of the county, state, or U.S. or any governmental agency other than the City of Gilroy without resigning from office under the provisions of Section 404 of the City Charter. At 10:35 p.m., the Mayor adjourned the meeting. Respectfully submitted, ;d~~f,~