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Minutes 1984/08/20 Roll Call Employee of the Month Intro. New Employee August 20, 1984 Gilroy, California Mayor Hughan led the Pledge of Allegiance to the' rlag. 5051 The Regular Meeting of the Gilroy City Council was called to order by Her Honor Roberta H. Hughan at 8:00 p.m. Present: Kloecker, Larry Hughan. Council Members: Sharon A. Albert, Donald F. Gage, Paul V. Mussallem, John E. Pate, Pete Valdez, Jr. and Roberta H. Mayor Hughan presented a plaque to Norma ~...riedeman, the first Employee of the Month Award. The Mayor introduced new employee, Ken A. Thomas, Assistant Planner 5052 Consent Calendar Minutes Ord. #84-16 Rezoning- Ronan Dev. Co. Ord. #84-17 Rezoning- A.Benassi Ord. #84-18 Salaries- Council Members Bids re: Rail- road Ties Motion was made by Councilman Gage seconded by Councilman Kloecker that the following items under the Consent Calendar be approved by the following Roll Call vote: (Mayor Hughan noted that she would be absent on Item II.C. re: ordinance rezoning prop~rty of A. Benassi, due to an interest in said property.) Ayes: Council Members: Albert, Gage, Kloecker, Mussallem, Pate, Valdez and,Hughan (excluding Item II.C.) : Approved the Minutes of the Regular Council Meeting of August 6, 1984; Adopted Ordinance No. 84-16 rezoning property at 8877 Monterey Street from CM-HS (Commercial Industrial/Historic Site Combining) District to CM (Commercial Industrial) District, located at the northwest corner of Ronan Avenue, Ronan Development Company, appli- cant; Irio,o.;", ORDINANCE NO. 84-16 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 1.2 ACRE PARCEL LOCATED AT 8877 MONTEREY ROAD, AT THE NORTHWEST CORNER OF RONAN AVENUE FROM CM-HS (COMMERCIAL INDUS- TRIAL HISTORIC SITE) DISTRICT TO CM (COMMERCIAL INDUSTRIAL) DISTRICT. PASSED AND ADOPTED this 20th day of August, 1984, by the following vote: AYES: COUNCIL MEMBERS: MUSSALLEM, PATE, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, VALDEZ and HUGHAN. NONE NONE; Adopted Ordinance No. 84-17 rezoning property located at 1410 First Street, east of Santa Teresa Boulevard, from RI (Single Family Residential) District to R2 PUD (Two Family Residential Planned Unit Development) District, Asperio Benassi, applicant, Z 84-6. ORDINANCE NO. 84-17 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A FIFTEEN ACRE PARCEL, MORE OR LESS, AT THE WESTERN TERMINUS OF THIRD STREET, BETWEEN WAS CREEK AND THE WESTERLY EXTENSION OF CYPRESS COURT EAST OF SANTA TERESA BOULEVARD FROM RI (SINGLE FAMILY RESIDENTIAL) DISTRICT TO R2 PUD (TWO FAMILY RESIDEN- TIAL PLANNED UNIT DEVELOPMENT) DISTRICT. PASSED AND ADOPTED this 20th day of August, 1984, by the following vote: AYES: ....~ COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE and VALDEZ NONE HUGHAN; NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER Adopted Ordinance No. 84-18 increasing salaries for Council Members. ORDINANCE NO. 84-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING ORDI- NANCE NO. 77-26 AND PROVIDING FOR SALARIES FOR MEMBERS OF THE CITY COUNCIL. PASSED AND ADOPTED this 20th day of August, 1984, by the following vote: AYES: COUNCIL MEMBERS: MUSSALLEM, PATE, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, VALDEZ and HUGHAN NONE NONE City Administrator Baksa presented a recommendation to award a bid to Gammel & Ollendick, Madera, in the amount of $13,083.53 for used railroad ties for Christmas Hill Park Amphitheater. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the bid of GAmmel & Ollendick, Madera, be awarded in the amount of $13,083.53 for used railroad ties for Christmas Hill Park Amphitheater project. 5053 Pub.Hear. re: It was noted that the scheduled Public Hearing to consider a rezoning Rezoning-A. request from Rl to R2 District on property located with frontage on both Ghirlanda Lewis and Chestnut Streets, at the northeast corner, Angelo Ghirlanda, applicant, was requested by the applicant to continue said Public Hearing to the next regular Council Meeting of September 4, 1984. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the Public Hearing to consider the rezoning request of Angelo Ghirlanda be continued to September 4, 1984, as requested. Pub.Hear. re: The Mayor stated that it was the time and place scheduled for the continued Public Hearing to consider a Tentative Map request for a resi- dential subdivision of 120 lots, on property located east of Santa Teresa Boulevard, south of First Street, Asperio Benassi, applicant, TM 84-1, and due to an interest in the property, Mayor Hughan turned the meeting over to Mayor Protempore Valdez and she did not take part in the discussion nor action taken regarding said Tentative Map. ..... T.M.-A. Benassi ..... Planning Director Dorn presented and explained the revised Tentative Map. The Mayor Protempore asked if there was anyone present in the audience wishing to speak in favor of the proposal. Mr. Arnold Brunetti, representing the applicant, addressed the Council further explaining revisions to the tentative map, noting that changes were made as previously requested by Council. The Mayor Protempore asked if there was anyone further in the audience wishing to speak in favor of the proposal. There was no comment from anyone in the audience. The Mayor Pro tempore asked if there was anyone present in the audience wishing to speak in opposition to the proposal. - Mr. Bruce Morasca, 7801 Laurel Drive, addressed the Council opposed to the density proposed creating additional increase in sewage, traffic and schools. He further noted petitions filed in opposition to the Tenta- tive Map. - The City Attorney noted receipt of a petition re-filed, previously submitted in September 1981, containing 334 signatures and a new petition filed, containing I08 signatures. The Mayor Protempore asked if there was anyone further in the audience wishing to speak in opposition to the proposal. Mr. Ronald Saucedo, 7797 Laurel Drive, addressed the Council and noted that he was opposed to condominium units proposed on the Tentative Map. He asked if there were future plans to extend R2 density to R3 within the next ten years, noting that same would not be acceptable to the general community and inquired of the quality of homes proposed to be constructed, requesting that class and style be included within the subdivision. -- Planning Director Dorn responded to the possible future zoning of the area. He noted that the General Plan presently indicates that R3 zoning would be allowed, but does not believe that a higher density would be requested after the project is completed and houses sold. He further noted that the adjacent properties west of the site is generally planned for higher density, R4 and that same could be applied for at some future date. He also noted that the City's only control of the quality of houses is that it is a Planned Unit Development with review from the Planning Com- mission and City Council as to the design of the houses; specific designs not submitted as of this date. - Mr. Robert Nickerson, 1350 Third Street, addressed the Council and inquired as to the number of units allowed per lot. Planning Director Dorn noted that four single family lots are pro- posed with the balance to be condominium complexes with each owner owning his own unit and the land that it is constructed on. He further noted that condominiums or townhouse complex has not yet been determined. He noted that there are 128 units with actually 130 lots because there are two com- mon lots for the open space between the units and each owner within the complex will have a share of the two commonly-owned lots. 5054 Mr. Nickerson noted that each unit is five liveable units. Planning Director Dorn noted that "unit" is a single dwelling unit for one family; 122 condominium units equals 122 families possible, and those are clustered together in 4 to 6 units per building. The Mayor Protempore asked if there was anyone further in the audience wishing to speak in opposition to the proposal. Mr. Bill Perkins, resident of Hersman Drive, addressed the Council and requested Council to consider the quality of people's lives that are presently existing now; that he recently visited other communities that were, ten years ago, similar to the present situation in Gilroy and now are not habitable. H.erecommend~d that Council not make the number one priority how to get from point "An to point "B" the most convenient way. .... ....... Mr. Steve Tyson, 7584 Laurel Drive, addressed the Council and noted that when he moved to Laurel Drive, it was his understand- ing that the area would remain Rlfor at least a blotk away. He noted that the Laurel Drive and Spruce Court areas are landlocked with respect to roadways and unless consideration is given to open up a roadway to Santa Teresa Boulevard, there will be a lot of traffic using Third Street. He requested cortsideration be given the RI residents in the area. Mr. Leonard Ortega, 7813 Laurel Drive, addressed the Council as a longtime resident and noted that he understood that the area would be Rl behind his property and noted the condominiums built on Juniper Drive a few years ago were in a year converted to apartment dwellings and now, have recently been converted back to condominiums. He asked if the condominiums prop6sed for this development and R4 approved for the adjacent property, would the City allow only minor roads leading off into that area. Mr. Saucedo addressed the Council and noted that one of his previous questions regarding the quality of the proposed homes was not answered. ...... Mr. Brunetti addressed the Council and noted that he is not involved in design of the homes; however, in speaking with the developer, Mr. Johnson, he recalled that they were in excess of the $100,000.00 to $115,000.00 range, high-quality townhouses, and will be required to obtain Architectural and Site Control approval. He further noted that if the property in back of Laurel Drive was RI, there would,be a chance that the homes could be two-story residences in back of every home on Laurel Drive; that in this case, the build- ings will be facing the other direction so that only the end of the building will be facing toward the Laurel Drive area, and said build- ing will be one-story. 'Jt.;.""",'4 The City Attorney emphasized that two-story buildings can be constructed in an Rl Zoning District. The Mayor Protempore asked if there audience wishing to speak on the proposal. comment from anyone in the audience. was anyone further in the There was no further Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Public Hearing be closed. Councilman Mussallem inquired about the future extension of Uvas Park Drive. The City Attorney not~d that if Council wished to consider same as part of their decision, the Public Hearing must be re-opened. -- 'lo\."".,di!j Motion was made by Councilman Mussallem seconded by Council- woman Albert and carried that the Public Hearing be re-opened. Councilman Mussallem inquired about the future extension of Uvas Park Drive and traffic from Route 152 possibly using that access to get to Hecker Pass Highway. Planning Director Dorn noted that there is a potential that Uvas Park Drive extension may be used as an access to Hecker Pass Highway. He noted that the route for 152 will remain a marked route; Uvas Park Drive will not be marked as Route 152, since Uvas Park Drive ...... .... - ... Res. #84-60 Approving Tent. Map - -, Jt. Powers Sewer Adv. Committee Res. #84-61 Solid Waste Mgmt. Plan 5055 is not designed to handle such a traffic load. He noted that the State has not made a decision on the re-routing of 152 previously discussed; and noted that if the State concurred with the City's alignment proposed, it may be 15 to 20 years away. Councilman Kloecker inquired about the number of units per exit and \vhy exits cannot be provided onto 'Ehird Street and onto Cypress. Planning Director Dorn noted that both exits could be possible, but is not sure if the buildings could be shifted around to provide both types of accesses; that Staff reacted to Council's direction at the last meeting to minimize the traffic exiting onto Third Street and, in doing so, eliminated it entirely. Councilman Kloecker suggested that exits be provided onto Third Street and onto Cypress Court to split the exiting load of the cluster. Planning Director Dorn noted that same is possible but does not anticipate any traffic problems with the proposed number of units off of one exit point. Councilman Kloecker also noted the 32 units in Phase III exiting off of Sequoia. Planning Director Dorn noted that the project originally showed all of those units coming out on one driveway and for a secondary access, the Planning Commission required the Sequoia Court access. Councilwoman Albert inquired how traffic ,,,as going to be minimized on Uvas Parkway. Planning Director Dorn noted that presently, there are no plans to eliminate westward traffic from Tenth Street 1:0 Uvas Pa.rk Drive; that islands and some left turn restrictions on Uvas Park Drive onto Third Street could be designed. Motion was made by Councilman Gage seconded hy Councilman Kloecker and carried that the Public Hearin<J be closed. Discussion was had by Council on the matter. City Administrator Baksa noted that when Third Street is opened up to Santa Teresa Boulevard, there will be traffi.c on Santa Teresa Boulevard that will use Third Street and requests that the City's Traffic Engineer analyze same for possible review prior to Council decision on the matter. Further discussion was had by Council on the matter. Motion was made by Councilman Kloecker seconded by Councilman Pate that the reading of Resolution No. 84-60 be waived and that it be adopted approving the revised Tentative Map presented with the provision that a Third Street exit be added in addition to the exit on the unnamed street; that the "c" Unit behind Laurel Drive be changed to a "D" unit; that Third Street be connected to Santa Teresa Boulevard; and that all conditions recomrnended by Staff and the PlanningCoInmission be approved. RESOLUTION NO. 84-60 RESOLUTION OF THE COL1~CIL OF THE CITY OF GILROY APPROVI~G A TENTATIVE MAP FOR 122 RESIDENTIAL LOTS ON THIRTY-SIX ACRES MORE OR LESS ON THE EAST SIDE OF SllJ.'lTA TERESA BOULEVARD, ,SOUTH OF FIRST STREET. PASSED AND ADOPTED this 20th day of August, 1984, by the ~ollowing vote: AYES: COUNCIL MEMBERS: GAGE, KLOECKER, PATE and VALDEZ NOES: COUNCIL MEMBERS: ALBERT and MUSSALLEM ABSENT: COUNCIL MEMBER: HUGHAN The Mayor noted the minutes of the Joint Powers Sewer Advisory Committee Meetings of July 24, 1984, and August 14, 1984. City Administrator Baksa noted that all minutes of future Joint Powers Sewer Advisory COITmittee meetings would be agendized for Council review. City Administrator Baksa presented an amendment to the County of Santa Clara's Solid V1as.te Managerr:ent Plan recommending approval of same. Motion was made by Councilman Gage seconded by Councilman Pate that the reading of Resolution No. 84-61 be waived and that it be adopted. 5056 Deferred Compo Plan Hydro-Electric Proj.-P.G.E. Res. #84-62 EIR-Sewer Tr. Plant Las Animas Pk. State Routes Jt. Powers Sewer Adv. Committee Trans. Com. RESOLUTION NO. 84-61 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AN AMEND- MENT TO SOLID WASTE MANAGEMENT PIAN FOR SANTA CLARA COUNTY TO INCLUDE THE EXPANSION OF THE PACHECO PASS LANDFILL. PASSED AND ADOPTED this 20th day of August, 1984, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, VALDEZ and HUGHAN NONE NONE MUSSALLEM, PATE, ..... City Administrator Baksa presented a recommendation to approve a new agreement for administration of the City's Deferred Compensa- tion Plan, further explained by City Treasurer Reinsch. ...... Motion was made by Councilman Gage seconded by Councilman Pate and carried that the agreement for administration of the City's Deferred Compensation Plan be approved as presented. City Administrator Baksa presented a request of Pacific Gas and Electric Company for support of HR 4402 legislation that would permanently clarify that government-owned utilities not have pre- ferred status in relicensing of hydro-electric projects. Mr. John Parrinello, Area Manager of Pacific Gas and Electric Company, addressed the Council further explaining the matter. Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 84-62 be waived and that it be adopted supporting HR 4402 legislation, as requested. RESOLUTION NO. 84-62 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY IN SUPPORT OF RELICENSING OF HYDRO-ELECTRIC PROJECTS TO PACIFIC GAS AND ELECTRIC COMPANY (FERC PROJECT NOS. 137, 1962, 1061, & 1988). PASSED AND ADOPTED this 20th day of August, 1984, by the following vote: AYES: ..... ..",!lid COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NONE NONE NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: City Administrator Baksa noted that interviews were recently conducted for an EIR consultant for the Sewer Treatment Plant, and that a recommendation would be made at the next Joint Powers Sewer Advisory Committee meeting. City Administrator Baksa noted denial of a grant application for Las Animas Park Expansion Project. City Administrator Baksa noted receipt of potential financing information for State Routes 101,235 and 85. The Mayor suggested that Council take a position on the ~ cent Sales Tax issue for the above routes as soon as possible. Councilman Gage invited Council to the August 21, 1984, Closed Session of the Joint Powers Sewer Advisory Committee at 8:00 a.m., in the Employees Lounge. He further noted that in addition to the Council receiving minutes of the Committee meetings, Council will be advised of the number of odor complaints received. .... 'lI"".:,. Councilman Kloecker noted a Senate Bill proposed by Senator Alquist in regard to an increase in the Transportation Commission membership from 25 to 29 members; same not yet voted upon, and recom- mended that a letter be forwarded to Assemblyman Areias formally indicating opposition to said Bill. Motion was made by Councilman Kloecker seconded py Councilman Pate and carried that the letter prepared by Councilman Kloecker in opposition to the legislation increasing the Transportation Commission membership be forwarded to Assemblyman Areias, with copies to State Legislators and Committee Chairman, as recommended. Trans.2000 Steering Com. RWQCB Hearing Council Salaries " 5057 Councilman Kloecker noted progress of the Transportation 2000 Steering Committee and public participation contract not formally approved as of this date. Council requested that the following reservations be made for the September 21, 1984, Regional Water Quality Control Board Hearing in Santa Barbara (September 20, 1984). Council Members: Gage, Mussallem, Valdez and Hughan and the City Administrator. The City Attorney reported that Charter Cities are allowed to increase salaries of Council Members at any time; General Law Cities cannot do so during their term of office. Adjournment At 9:49 p.m., the Mayor adjourned the meeting to Tuesday, September 4, 1984 (9-3-84 being a Legal Holiday) . Respectfully submitted, vi12uJ-.J &d!~ ~ City Clerk ~