Loading...
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