Minutes 1983/09/19
4925
Gilroy, California
September 19, 1983
The Regular Meetingof the Gilroy City Council was called to
order by His Honor Mayor Pro tempore Marion T. Link at 8:00 p.m.
Roll Call Present: Council Members: Sharon A. Albert~ Donald F. Gage,
Roberta H. Hughan, Marion T. Link, Robert E. Taylor and Pete Valdez,Jr.
Absent: Council Member: Norman B. Goodrich.
"",.,.
~
Consent
Calendar
Minutes
Claim - J.B.
Harrison
Claim-Uvas
Dev.Co.-
Wm.Act.
..,.......,.,.
Ord.#83-17
Re-Prezon-
ing-A.
Montano
.......
Dev.Agree.-
Royal Pools
& Oaktree
Corners
Las Animas
Tech.Pk.
E.9th St.
et al f
Assmt. Di st.
.....
Citation
Homes, Imp.
#6122
I
i
....
Mi 11 er Mea-
dows-#7078
Motion was made by Councilman Gage seconded by Councilman
Taylor that the following items under the Consent Calendar be approved
by the following Roll Call Vote: Ayes: Council Members: Albert, Gage,
Hughan, Taylor, Valdez and Link; Absent: Council Member: Goodrich.
Approved the Minutes of the Regular Council Meeting of September
6, 1983;
Approved the Minutes of the Adjourned Regular Council Meeting
of September 12, 1983;
Denied a Personal Injury Claim of Jacqueline B. Harrison;
Denied a Claim for Waiver of Fees and/or Penalties re: William-
son Act Cancellation - Uvas Development Co.;
Adopted Ordinance No. 83-17 Re-prezoning to M1 (Limited Indus-
trial) District Property located at the southeast corner of Las Animas
and Murray Avenues, Al MOntano, Applicant;
ORDINANCE NO. 83 - 17
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY PREZONING A 15.17 ACRE PARCEL ADJOINING THE CITY OF GILROY AT
THE SOUTHEAST CORNER OF MURRAY AND LAS ANIMAS AVENUES AS M1 (LIMITED
INDUSTRIAL) DISTRICT.
PASSED AND ADOPTED this 19th day of Sepgember, 1983, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ and LINK.
COUNCIL MEMBERS: None
COUNCIL MEMBER: GOODRICH;
Approved Two (2 ) Development Agreements, for Roya lPoo l_~) and
Oaktree Corners;\
Approved a recommendation for partial acceptance of Las Animas
Technology Park;
Approved Change Order No. 1 for East Ninth Street Et Al Assess-
ment District as recommended;
Approved Improvements for Tract No. 6122, Citation Homes; and
Accepted Improvements for Miller Meadows, Tract No. 7078.
Bid-Emer.Gen. Noted a recommendation to award the bid of Bayside Equipment
& Switch Company in the amount of $25,548.29 for an Emergency Generator and Auto-
matic Transfer Switch for the Police Department.
Motion was made by Councilman Taylor seconded by Councilman
Gage and carried, that the bid of Bayside Equipment Co. in the amount
of $25,548.29 be awarded for an Emergency Generator and Automatic
Transfer Switch for the Police Department as recommended.
4926
Used Cab & Noted a recommendation to award the bid of Speno International for
Chassis a used 1981 International cab and chassis truck for the Sewer Treatment Plant
in the amount of $23,962.00.
Motion was made by Councilwoman Hughan seconded by Councilman Gage
and carried that the bid of Speno International in the amount of $23,962.00
be awarded for the 1981 Used International cab and chassis truck as recommended.
The Mayor Protempore deviated from the regular agenda and continued
the Public Hearing on the ROO Applications to follow completion of the agenda.
......
City Reps. re: Motion was made by Councilwoman Hughan seconded by Councilman
So. Flood Gage that the following representatives of the Santa Clara Valley Water Dis-
Cont.Zone trict - South Flood Control Zone Advisory Committee be renominated: Marion
Adv.Com. Link, representative; Roberta Hughan, David Hansen and Michael Dorn Alter-
(S.C. Valley nates for the Santa Clara Valley Water District Board's consideration and
Water Dist.)appointment for the term October 1, 1983 to October 1, 1984.
i
I I
-
Bike-to-Work Motion was made by Councilwoman Albert seconded by Councilman Gage
Week and carried that the City Co-Sponsor with the Santa Clara County Transit Dis-
trict, Bike-to-Work Week October 10-15, 1983.
Downtown Busi- Noted a request of the Gilroy Downtown Business Association to use
ness Assoc.the parking lot at Eigleberry Street between 5th & 6th Streets; parking area
at Eigleberry Street between 4th & 5th Streets; and Fifth Street between
Monterey & Eigleberry Streets for a Wine Festival October 8, 1983.
Motion was made by Councilwoman Albert seconded by Councilman
Valdez and carried that permission be granted the Gilroy Downtown Business
Association to use the parking lot areas and Fifth Street for their Wine
Festival October 8, 1983 noting the need for additional police officers for
said event to be paid for by the Downtown Business Association.
......
LAFCO-City A letter from the City Selection Committee noting a vacancy of
Selection the City appointment to the Local Agency Formation Commission (LAFCO) was
Com. noted.
-
Motion was made by Councilman Taylor seconded by Councilman
Valdez and carried that Councilman Gage be nominated for the City Appoint-
ment to the Local Agency Formation Commission.
Temp.Trailer City Administrator Baksa presented a request for a temporary con-
Permit- struction trailer on Dawn Way recommending approval subject to conditions
Cervantes recommended by the Planning Department.
Motion was made by Councilman Gage seconded by Co~ncilwoman Albert
and carried that a one year temporary construction trailer permit be approved
for Eddie & Anita Cervantes on Dawn Way subject to the conditions recommended
by the Plannint Department.
Noted the following informational items with no separate discus-
sion on same:
Interstate State Department of Transportation thanking the City for their
Rehab.Funds support re: Interstate Rehabilitation Funds;
Senator Alquist re: Interstate Rehabilitation Funds;
P.G. & E. Pacific Gas & Electric Company Notice of Application requesting
rate increases;
~
I
i
I
",,,,,,,,'
NME National Medical Enterprises, Inc. (NME) interest in pursuing the
acquisition of Wheeler Hospital. (Councilman Taylor noted that there would
be some public hearings on the matter and that the matter of sewer and water
be adequately addressed); and
Garlic Festival
Gilroy Garlic Festival Association, Inc. re: their annual festival.
Plan.Com.
Report
9-15-83
4927
The Report of the Planning Commission Meeting of September 15,
1983 was noted.
Police Officer- City Administrator Baksa recommended hiring Jose Ramirez,
Step "C" Police Officer at Step "C" $2210.00.
Motion was made by Councilman Taylor seconded by Councilman
Gage and carried that Mr. Jose Ramirez, Police Officer be hired at Step
"C" $2210.00 as recommended.
"",...
~
MOU.s-Misc.
Group
Pl an. Dept.
Procedures-
Zon.Ord.
....
.....,'
Repealed
moratoria
Condemnation
Proceedings-
6th & Ra il-
road
A/S Review
Board-
Grandfather
clause
.......
I
....
Ord.#83-18
Dysan Dev.
Agree.
City Administrator Baksa presented Memorandum of Understandings
for the Miscellaneous Bargaining Group for approval.
Motion was made by Councilwoman Hughan seconded by Councilman
Gage and carried that the Miscellaneous Group.s Memorandum of Understand-
ing be approved as submitted.
City Administrator Baksa presented the Memorandum of Understand-
ing for the Fire Bargaining Unit recommending approval of money issues and
noted minor verbage within had not been finalized to date.
Motion was made by Councilman Gage seconded by Councilman Taylor
and carried that the money issues of the Memorandum of Understanding for
the Fire Bargaining Unit be approved as recommended.
City Administrator Baksa presented new Planning Department
procedures required under the new Zoning Ordinance noting that action
reoorts are proposed for the Planning Commission and City Council to
inform them of Staff decisions.
City Administrator Baksa recommended repealing moratoria no
longer required since adoption of the new Zoning Ordinance for the
following: Old Quad, Westside; Eastside; Adult Entertainment and Granny
Flats.
Motion was made by Councilman Gage seconded by Councilwoman
Hughan and carried that the following moratoria be repealed as recom-
mended: Old Quad, Westside; Eastside; Audlt Entertainment and Granny
"ats.
City Administrator Baksa recommended authorization for con-
demnation proceedings for property at Sixth and Railroad Streets if the
City is unable to negotiate for same.
Motion was made by Councilman Gage seconded by Councilman Valdez
and carried that condemnation proceedings for property at Sixth and Rail-
road Streets be authorized if the City is unable to negotiate for same.
City Administrator Baksa recommended that permittees previously
required to appear before the Architectural & Site Review prior to
adoption of the new Zoning Ordinance be authorized to obtain their
permits since they did appear before the A & S Board but did not im-
mediately obtain their permits.
Motion was made by Councilwoman Hughan seconded by Council-
man Taylor and carried that those applicants appearing before the A/S
Review Board pr8ior to adoption of the new Zoning Ordinance be authori-
zed to obtain their permits as recommended.
Discussion was had regarding the proposed Ordinance No. 83-18
approving a 65864 Development Agreement with Dysan Corp./Filice Family
Estates re: Santa Teresa Technology Park.
Motion was made by Councilman Taylor seconded by Councilman
Gage that the reading of Ordinance No. 83-18 be waived and that it be
adopted.
4928
ORDINANCE NO. 83 - 18
AN ORDINANCE OF THE CITY OF GILROY APPROVING A GOVERNMENT CODE SECTION 65864
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF GILROY AND DYSAN CORPORATION AND FILICE
FAMILY ESTATES RELATING TO THE DEVELOPMENT OF SANTA TERESA TECHNOLOGY PARK.
PASSED AND ADOPTED this 19th day of September, 1983, by the following vote:
AYES: COUNCIL MEMBERS: GAGE, HUGHAN, TAYLOR, VALDEZ and LINK.
NOES: COUNCIL MEMBER: ALBERT
ABSENT: COUNCIL MEMBER: GOODRICH
...
Gilroy Medical Planning Director Dorn presented and explained the Staff Report i-.J
Park PUD re: Parking Requirements for Medical Offices noting that the City of Gilroy
has the most restrictive parking requirements in the County.
It was recommended that any proposal to reduce the number of park-
ing spaces be tabled for 3-4 months in order for Staff to present additional
amendments to the new Zoning Ordinance that were previously omitted.
Motion was made by Councilman Gage seconded by Councilwoman Hughan
and carried that the PUD design for A/S 83-32 Gilroy Medical Park as recommended
by the Architectural and Site Committee be approved noting 235 parking spaces
are adequate for the Gilroy Medical Park proposal which would allow reduction
in requiring parking.
Pub.Hear.re: The Mayor Protempore stated that it was the time and place scheduled
RDO 1984- for the Public Hearing to consider Residential Development Applications for con-
85-86 struction in 1984, 1985 and 1986.
Planning Director Dorn presented and explained the Staff Report.
The Mayor Protempore asked if there was anyone in the audience wish-
ing to speak for or against the proposal and requested that one person only speak
for any particular proposal.
......
Mr. Ted Schaal, Coowner of the Long Meadow Project (RD 83-1) ad-
dressed the Council noting that they did not apply for any permits in last year
in order to keep their requests in a realistic manner and because they knew
that they weren't going to begin construction in the early part of 1983; sub-
sequently it appears that they wish to begin the project at least roadwork con-
struction. He further noted that they have completed two (2) Tentative Maps
on the project and are in the process of finalizing the final map on the 1st
Phase which will bring to Gilroy a much needed Mobile Home Park in which they
will sell lots rather than having it a controversal rental unit. He further
noted that they will be developing individual lots for custom home construction.
He further noted that they have been working jointly with the City and adjacent
property owners in order to reach a compromise in street alignments which has
resulted in presentation of a final map to the City. He further noted that he
is ready to commit to the construction of the Interim Storm Drainage Project
from Morey Avenue to Monterey Road, as well as extending the sewer line from
Wren Avenue to Morey Avenue. He noted that in this year's request they are
desperately needing at least 40 more units for 1984 in order to bring up the
number of units to make the project financially sound. He also requested an ex-
tended build-out schedule if the Council sees fit to do so. He noted that they
would like to begin construction for units in the Townhouse area, individual resi-
dential lot area and concentrate most of the units in the mobile home park area,
restricting construction to just those areas already approved in the Tentative
Map of Phase I.
Mr. Geary Coats, representing RD 83-2, Lloyd Martin addressed the
Council requesting that the Planning Commission's recommendations be approved
for this application. He noted that this application would be for condominiums.
Mr. Geary Coats, representing RD 83-4, John Dollar, addressed the
Council, noted that the owner has attempted to provide requirements for annexa-
tion as well as agreeing to join in any of the assessment or improvement dis-
tricts to provide the necessary utilities and services to the area. He further
recommended that Council approve the Planning Commission's recommendations for
this application.
Mr. Harry Lollar, Ruth & Going, representing RD 83-5 and RD 83-6,
Arcadia Development Co. and Citation Homes respectively noting that these two
separate applications represent oneparcel of land, located on Morey Avenue. He
........
IIIIIIIIIIl
i
i
I !
......
4'929
",..
requested that Council allocate in 1986 the maximum allowable, 112 Units
to both developers. He noted that last year an RD application was granted
and proceeded on that basis to initiate development proceedings. A Ten-
tative Map was filed, initiated the draft of the focus Environmental
Impact Report, completed preliminary engineering, topographic and boundary
constraints analysis and have participated both financially and in an
engineering effort in the Interim Storm Drainage Project. He noted that
this was the fourth year that they have been before Council requesting
development application on this property, and last year was the first
year that they were successful in obtaining a committment to proceed.
He noted that at that time the northwest quadrant needed a stimuli in
order to begin construction and suggested that Arcadia and Citation
Homes was that stimuli needed in order to cause the northwest quadrant
to get started. He noted that the project contains 288+ acres, in access
of 960 dwelling units when completed, and would probably be an 8-10 year
project. He noted that unless there is an indication that the project
will be able to proceed on an incremental basis it is very difficult to
get started. He noted that the rating schedule used in evaluating the
project is subjective. He noted that in the past three years this
project has received the highest rating in the quality of a project. He
noted that a committment on the part of the City is not there in order
to allow them to proceed. He noted that the RDO ordinance provides the
criteria for the essence of development but has forgotten, does it produce
housing? He noted that through July 1983 only 45 building permits have
been issued against the ROO applications. He noted that 49% of all
building permits issued were issued to the two developers that he is
representing. He stated that they are in the business of providing
housing. He requested that the City allow them a build-out schedule
in 1986.
-..J
......
Mr. Paul Tuttle, Planner representing James Hoey (RD 83-7)
addressed the Council noting that the degelopment has been coordinated
with the surrounding property owner (RD 83-11). He requested that his
initial first phase be allocated in 1986, because there is substantial
utilities and street improvements required for the area. Further noting
that the 36 units be allocated in 1986 rather than the initial three (3)
year development and the remaining 64 units of single family custom
lots to be requested in future years for development.
--
Ms. Edith Skyroot, 500 W. 10th St. #160, petitioner opposing
RD 83-8 (Pacific Mobile Estates) for eight new mobile units because
the health and safety problems relating to the already overloaded sewer
system and loss of recreation area. She further noted that this proposal
indicates storage area would eliminate the tennis court and open area
for the children to play football, volley ball, soccer, etc. She fur-
ther noted that the reduction of open-space would create a density
problem. She noted that the park presently occupies 178 spaces not
as shown on the proposed map. She noted that there would be an increased
traffic flow in that area and a water drainage problem at the lower end
of the park. She further requests on behalf of the petitioners to deny
the additional eight (8) spaces, requested in the application.
,"'"
I
~
Mr. E. H. Ouerrer, representing American Development Company,
(RD-83-9) noting that if allowed to build that they are prepared and
funded to begin construction this spring; and would build the entire
site if allowed to do so. He noted that they are prepared to land-
scape 40% of the property and transform this property into a garden-
spot which would be an asset to the community. He noted that there
would be over 70% open-space. He further noted that this is an
apartment project, which is much needed housing for the community. He
further requested 84 units for 1984 and 76 units for 1985, as recom-
mended by the Planning Commission.
Mr. Mark Deniro, representing Barnett Range (RD 83-10) request-
ing that this application not be eliminated from consideration. He
noted that they can resolve the flood problem and requested that they
be given time to come up with an answer to this problem.
Ms. Gloria Ballard, M & H Engineering representing Gilroy
Country Club Estates (RD 83-11) requesting a minimum of 153 units
because of the cost to develop the first building site, off-site water
and off-site sewer is high. She noted much open-space within this project.
She noted intent of the developers to file a Tentative Map within
thirty (30) days of approval of the build-out schedule. She noted that
4930
"
the project was designed four (4) times to meet the necessary accommoda-
tions which we~e very expensive. '
The Mayor Protempore asked if there was anyone further in the
audience to speak on the proposals. There was no comment from anyone in
the audience.
Motion was made by Councilman Gage seconded by Councilman Taylor
and carried that the Public Hearing be closed.
Discussion was had by Council on the matter.
Res.#83-69 Motion was made by Councilman Taylor seconded by Councilman Gage
that the reading of Resolution No. 83-69 be waived and that it be adopted
approving the Residential Development in 1984, 1985 and 1986 as recommended
by the Planning Commission at their September 1, 1983 meeting.
Candidates-
Mun.Elec.
RDO proposed
changes
Adjournment
I.
RESOLUTION NO. 83 - 69
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A BUILDOUT
SCHEDULE FOR 1984, 1985 AND 1986 UNDER THE RESIDENTIAL DEVELOPMENT ORDINANCE.
PASSED AND ADOPTED this 19th day of September, 1983, by the following vote:
AYES: COUNCIL MEMBERS: GAGE, TAYLOR, VALDEZ and LINK
NOES: COUNCIL MEMBERS: ALBERT and HUGHAN
ABSENT: COUNCIL MEMBER: GOODRICH.
Councilman Gage requested that Staff notify all Council candidates
of the November 8, 1983 General Municipal Election of the City's regulations
regarding campaign signs.
Motion was made by Councilman Gage seconded by Councilman Taylor
and carried that Staff be directed to prepare a recommendation for proposed
changes to the Residential Development Ordinance noting not enough units
alloted and alloted build-out schedules not being constructed. It was also
noted that the matter of extended build-out schedules should be addressed.
At 9:06 p.m. motion was made by Councilman Gage seconded by
Councilman Taylor and carried to adjourn to Monday, October 10, 1983 at
8:00 p.m.
Respectfully submitted,
A_~~
~ City Clerk