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Minutes 1986/01/20 Roll Call Intro. New Employees So. Bay Chem. Co. Emp. of Mo. Award Consent Calendar Minutes Claim-L. & G. Howard Amer. Heart Assoc. r- ,,,"", r'\ i--"" .") / / '-'.' - '''-'- ./ ,January 20, 1986 Silroy, California Mayor Hughan led the pledge of allegiance to the flag. Present: Councilmembers: Sharon A. .A.lbert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Eughan. The Mayor introduced the following new employees: Trula N. Jones, Secretary, Police Depart"1ent, and Karen L. Bogqs, Police Records Clerk I. Mr. Leo HiLl."nelsbach, District A.ttorney, presented the City Council with a $1,000 installment check for a judgment on South Bay Chemical Co. The Mayor presented Chuck Myer, Associate Planner, with the Employee of the Month A'-'Tard for Decenber 1985. Motion was nade by Councilman Gage seconded by Councilman Kloecker that the following ib~ms under 1:he Consent: r:alendar be approved by the following vote: hyes: Counci::'nembers: All-ert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan. Approved the Minutes.of the Regular city Council Heeting of January 6, 1986; Denied a claim of Lorie and George Howard, as recommended; Approved waiver of a municipal license fee request of American Heart Association to solicit funds; Handicap Rar~p & Alley Ap- proach proj. Dev. Agree~ent- Approved a development agreement with Ray Sotelo for the improve- R. Sotelo ments of South County Motorcycle, as recommended. Pub. Hear. re: School Im- pact Fees Accepted inp:,:,ovements of the Handicap Ramps and Alley Approach Replacement project as requested; and The Mayor stated that it was the time and place scheduled for the continued Public Hearing to consider school impaction and fees. City Administrator Baksa noted the Gilro',,7 Uni::ied School District Application and Impact Fees Report. Mr. Kenneth Noonan, Superintendent of Schools, addressed the Council and further explained the report and justification for the re- quested impaction and proposed fees submitted noting a change in same from the original application of January 14, 1986. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Paul Stewart, representing the Building Industry Association addressed the Council in opposition to the increase in school impaction fees. ~)230 Res. #86-4 re: School Im- pact Fees Pub.Hear. re: Revision of School Imp. Fees Mr. Lou Tersini, representing A~cadia, addressed the Council noting that the developers are the only participants in the school impaction fees and that there should be some cost sharing. Mr. Lee Newell, representing Carriage Hills, addressed the Council in opposition to the increased proposed school impaction fees and requested continuance of this hearing for further study on the matter. The Mayor asked if there was anyone further in the audience wishing to speak. ~ Mr. John Filice, Jr., representing Deerpark Development, addressed the Council in opposition to the increase in school im- paction fees and requested continuance of this hearing for further study on the matter. ... Mr. Ted Schaal, Longmeadow project Developer, addressed the Council in concurrence with Hr. Newell and Mr. Filice, noting the proposed added expense is very restrictive for developers to promote affordable housing in Gilroy and requested continuance of this hearing for further study on the matter for a better solution. The Mayor asked if there was anyone further in the audience wishing to speak. Mr. Kenneth Noonan, Superintendent, addressed the Council further explaining the requested fees needed. The City Attorney noted that the original requested school impaction fee in the January 14, 1986, application of $2592.50 would be the only fee that the City could impose at this date; the $2713.00 is a new amount and State law prohibits imposing fees prior to 60 days notification. Discussion was had by Council on the matter. ~ Mrs. Joan Harrison, Special Counsel for the School District, addressed the Council noting that the. School's application was on file prior to the Janu~ry 1986 State law being in effect. ... The City Attorney noted that the new proposed fee of $2713.00 had not been received by Council until this agenda was distributed . and could not be considered by Council at this time; that the $2592.50 fee could be considered as it was submitted with the original appli- cation. The wishing to audience. Mayor asked if there was anyone further in the audience speak. There was no further comment from anyone in the The Mayor closed the Public Hearing. Motion was made by Councilman Mussallem seconded by Councilman palmerlee that the reading of Resolution No. 86-4 be waived and that it be adopted declaring school impaction and imposing the $2~92.50 per family residential unit. RESOLUTION NO. 86-4 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING SCHOOLS OF THE GILROY UNIFIED SCHOOL DISTRICT TO BE IMPACT~D AND DETERMIN- ING FEES TO BE PAID. PASSED AND ADOPTED this 20th day of ,January, 1986, by the following vote: AYES: - - NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE Motion was made by Councilwoman Albert seconded by Councilman Kloecker and carried that a Public Hearing be set for March 17, 1986, at 8:00 p.m. regular Council Meeting to consider revision of the School Impaction Fees. Pub. Hear. re: 1st Amend. to Dev. Agree. (Filice Family Estates) Pub. Hear. re: 'GPA 83-4 & Thomas Rd. Alignment - -- ~ - Land Use Change Ifhomas Rd. Alignment Res. #86-5 GPA 83-4 - .... 5231 Motion was made by Councilman Palmerlee seconded by Councilman Valdez and carried that the Public Hearing to consider adopting the First Amendment to. the Pevelopment Agreement between the city and Filice Family Estates for Santa Teresa Technology Park be continued to the February 18, 1986, regular Council Meeting. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a General Plan Amendment: request from Low Density Residential and Park/Public Facility to Industrial Park and the redesignation of the align~ept of Thomas Road on property located north- east of Santa Teresa Boulevard and southeast ofUvas Creek on approxi- mately 82.74 acres, Filice Family Estates (GPA 83-4), applicant. The revised Staff Planning Director Dorn. not to cul-de-sac Miller Report was noted and further explain~d by He noted that the Planning Commission recommended Avenue in conflict with the Staff recommendation. The Mayor asked if there was anyone in the audience wishing to speak in favor of the proposal. Mr. John Filice, representinq the applicant, addressed the Council concurring with the Staff Report and recommendation; further noting that plans. for this project are completed and that it would be difficult not to cul-de-sac Miller Avenue at this time. The Mayor asked if there was anyone further in the audience wishing to speak. Mr. Bruce Sweeney, 6300 Hyde Park Drive, addressed the Council noting that this proposal would require Thomas Road to brunt the truck traffic. Mr. Hiram Miller addressed the Council and objected to the proposal to cul-de-sac Miller Avenue. It was noted that,Staff's recornrnendation,to cul-de-sac Miller Avenue was contingent upon the Tenth Street Bridge completion. The ,,,ishing to closed the Mayor asked if there speak on the matter. Public Hearing. was anyone further in the audience There was no further comment. The Mayor Motion was made by Councilman palmerlee seconded by Councilwoman Albert by the following Roll Call Vote that the Land Use Changes be denied without prejudice as recommended by Staff: Ayes: Councilmernbers: Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan. Motion was made by Councilman Gage seconded by Councilman Valdez by the following Roll Call Vote that the proposed alignment of Thomas Road be approved as recommended by Staff to allow a cul-de-sac at Miller Avenue when the Tenth Street Bridge is completed, noting Council option to designate the street widths at a later date; and approved Text Amendments to the Circulation Element as recommended by Staff: Ayes: Councilmembers: Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan. Noes: Councilmernber: Albert. Motion was. made by CouncilMan Palmer lee seconded by Councilman Kloecker that the reading of Resolution No. 86-5 be waived and that it be adopted approving the General Plan Amendment as recommended by Staff. Councilwoman Albert voted "no'" on the motion. RESOLUTION NO. 86-5 RESOLUTION OF THE COUNCIL OF' THE CITY OF GILROY APPROVnJG AN AMENDMENT TO THE GENERAL PLAN FOR THE' CITY OF GILROY ALIGNING THOMAS ROAD SOUTH- WEST OF WAS CREEK. PASSED AND ADOPTED this 20th day of January, 1986, by the following vote: AYES: COUNCILMm~BERS: GAGE, KLOECI<'ER, MUSSALLEM, PALMERLEE, VALDEZ and. HUGHAN COUNCILMEMBERS: ALBERT COUNCILMEMBERS: NONE NOES: ABSENT: The Mayor declared a recess at 10:06 p.m. and reconvened the meeting at 10:12 p.m. 5232 Pub. Hearing re: The Mayor stated that it was the time and place scheduled Rezoning - for a Public Hearing to consider a rezoning request of Raisch Pro- Raisch Co. ducts, Inc. from M2 (General Industrial) District to CM(Cornrnercial Industrial) District on property lcoated on the east side of Chest- nut Street, between Tenth Street and Luchessa Avenue, on approxi- mately 20.25 acres (Z85-6). Pub. Hear. re: Rezoning - Brentwood Investment Co. Pub. Hear. re: Tent. Hap - Brentwood Invest. Co. Res. #86-6 Tent. Map Planning Director Dorn presented and explained the S~aff Report. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. ...... Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that a proposed ordinance be introduced approving the rezoning proposal to be published by title and summary. '"<<.",. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a rezoning request of Brentwood Investment Company from Rl PUD (Single Family Residential) Planned unit Development District to Rl (Single Family Residential) Dis- trict on property located on the north side of Hantelli Drive, west of Welburn Avenue on approximately 29.23 acres (Z85-5). Councilman Mussallem noted that he would not take part in the discussion nor action on the matter due to a conflict of interest. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak on the proposal. Mr. Hiram Miller, representing the applicant, addressed the Council noting that the applicant is in accord with the Staff Report and the Planning Commission's recommendation. ..... - The Mayor asked if there was anyone further wishing to speak on the matter. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that a' proposed ordinance be introduced approving the rezoning proposal to be published by title and summary. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Tentative Map request of Brent- wood Investment Company for a Single Family' Subdivision of thirty lots on property located on the north side of Mantelli Drive, west of Welburn Avenue on approximatelY 100 acres on property zoned Rl PUD (Single Family Residential) Planned Unit Development Dis- trict (TM 85-8) . Councilman Mussallem noted that he would not take part in the discussion nor action on the matter due to a conflict of interest. The Staff Report was noted and further explained by Planning Director Dorn. ...... The Mayor asked if there was anyone in the audience wishing to speak on the proposal. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. h.,.;'" Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 86-6 be waived and that it be adopted approving the Tentative Map as recommended. RESOLUTION NO. 86-6 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR 30 RESIDENTIAL LOTS ON 100 ACRES, MORE OR LESS, ON THE NORTH SIDE OF MANTELLI DRIVE, WEST OF WELBURN AVENUE. Pub. Hear. re: Compo Fee Schedule .... .... ,~ - Tent Hap T. Schaal - .... Fire Engine 5233 PASSED AYES: AND ADOPTED this 20th day of January, 1986, by the following COUNCIU1EMBERS: ALBERT, GAGE, KLOECKER, PAU1ER:::'EE, VALDEZ and HUGHA1J COUNCILMEMBERS: NONE COUNCILMEMBER: MUSSALLEM vote: NOES: ABSENT: The Mayor stated that it was the time and place scheduled for a Public Hearing to consider revisions: and adlustmentsto the City's Comprehensive Fee Schedule. The Staff Report was noted and further explained by City Adminis- trator Baksa. Councilman Kloecker recommended that the returned check fee not exceed $10.00. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. Mr. Paul Stewart, representing the Building Industry Association, addressed the Council objecting to the new fees proposed, specifically, interim fees proposed for property developers adjacent to Santa Teresa Boulevard. He inquired of the increased fees further explained by City Engineer Allen and Planning Director Dorn. Mr. Lou Tersini, Arcadia Homes, addressed the Council objecting to the proposed fees for development adjacent to Santa Teresa Boulevard. Mr. W. Meads, developer, addressed the Council objecting to the proposed fees noting that same are unbearable and affects affordable homes for Gilroy. Mr. Al Gagliardi addressed the Council re~lesting waiver of fees for non-profit fireworks booths. Mr. John Filice addressed the Council requesting additional analysis regarding the proposed fees for development adjacent to Santa Teresa Boulevard. The Mayor asked if there wishing to speak on the matter. the audience. The Mayor closed present in no comment Hearing. the audience from anyone in was anyone There was the Public Motion was made by Councilman Mussallem seconded hy Councilman Gage and carried by the followinq Roll Call Vote that the Public Hearing be re-opened and continued tq the February 3, 1986, Regular Council Meeting: Ayes: Councilmernbers: Albert, Gage, Mussallem, Valdez and Hughan. Noes: Councilrnembers: Kloecker and palmerlee. Planning Director Dorn noted the request of Ted Schaal, Long- meadow project, for extension of two Tentative Map applications and that Staff recommendation to deny said application had not changed. Mr. Ted Schaal addressed the Council and further explained his request. Motion was made by Councilman Kloecker seconded by Councilwoman Albert and carried that the request be denied as reconnended. The Mayor deviated from the reqular agenda in order to accommodate interested persons in the audience. Discussion was had regarding the recent Fire Engine sale. Mr. Thomas Carr, 730 Eschenburg Drive, addressed the Council, noting that he recently purchased the fire engine at the City auction for $3900.00 and offered to sell it back to the City for the same amount; that the Historical Society has agreed to house and maintain it at Tree Haven for historical purposes under an agreement with the City. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the City purchase the fire engine from Mr. Thomas Carr in the amount of $3900.00 and loan the equipment to the Historical Society as requested with an agreement for storage and maintenance. 5234 So. Valley Intercom. Hospital A.Fortino Sewer Allo- cation Ord. re: AB 2185 GPOA-MOU Ord. #86-2 re: Debirs Boxes \'-' Haz. Waste Transporta- tion Recycle & Recovery Sewer Dev. Fee Analysis City Administrator Baksa noted that this equipment must be removed from its present location within two weeks. Mr. Allen R. Saxe addressed the Council regarding South Valley Intercorrrrnunity Hospital Urban Service Area application requesting permission to file same at this time with the Ctiy and continue working toward the approval required. Motion was made by Councilman Mussallem seconded by Council- man Gage and carried that authorization be given to file said ap- plication with the condition that Mr. Saxe obtain an exemptionofrom LAFCO to allow the City to file other Urban Service Area applica- tions in July under the regular procedure. A request of Albert Fortino to transfer sewer allotment for four (4) units was noted and further explained by City Administra- tor Baksa. ..... ",AI. Motion was made by Councilman Palmerlee seconded by Council- man Gage and carried that the requested sewer allotment transfer be approved conditioned upon maximum allowable bedroom units within the Code be utilized. The Mayor continued with the regular agenda. Motion was made by Councilman Gaqe seconded by Councilman Kloecker and carried that the ordinance previously introduced January 6, 1986, and published by title and summary adopting pro- visions of Assembly Bill 2185 providing for local enforcement and administration thereof, be continued to the July 21, 1986, regular Council Meeting for consideration at that time as recommended. The Gilroy Police Officers' Association Memorandumsof Under- standing for 1985-87 were presented for approval. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Gilroy Police Officers' M.O.U.'s be approved as presented. ...... Councilman Valdez inquired of the City's process for certi- fication of bilingual personnel. City Administrator Baksa noted that this would be explained at the next Police Departmental Report to Council. ...... City Administrator Baksa presented a recommendation to permit placement of debris boxes on public streets under certain conditions. Motion was made by Councilman Gage seconded by Councilman Palmerlee that the reading of Ordinance No. 86-2 be waived and that it be adopted as an emergency ordinance as recommended. ORDINANCE NO. 86-2 AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTION 12.18A OF THE GILROY CITY CODE PROVIDING FOR TEMPORARY PLACEMENT OF DEBRIS BOXES IN STREETS. PASSED AND ADOPTED this 20th day of January, 1986, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, .GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ..... City Administrator Baksa presented a request for authoriza- tion to proceed with zoning changes dealing with hazardous waste transport recycle and recovery. jil.",....4I Motion was made by Councilman Gage seconded by Councilman Valdez and carried that Staff be authorized to proceed with zoning changes dealing with Hazardous .Waste Transport Recycle and Recovery as recommended. City Administrator Baksa distributed and explained a sewer development fee analysis. Ex-Prisoners Vet Benefits - -- co. Trans. Network - - Plan. Com. 1-9-86 Zone Code Enforcement Policy Plan. Dept. priorities ....~~...",._._....~~~,..............~ ) r.; 0 '3 c) \,., L , Council set February 10, 1986, at 7:00 p.m., Council Chambers, as a Study Session to further discuss the analysis. A request of American Ex-Prisoners of War for support of HB 864 and SB 1446 improving veterans' benefits for former prisoners of war was noted. Motion was made by Councilman Kloecker seconded bv Councilman Mussallem and carried that the City support HB 864 and SB 1446 as requested. A request of Supervisor Diridon for development of a multimodal transportation network was noted. Motion was made by Councilman Kloecker seconded by Councilwoman Albert and carried that the city supports in concept development of a rnultimodal transportation network and requests that South County be included in the study. The following informational items were noted with no separate discussion on same: Planning Staff Actions, dates January 2, 1986; Gilroy Chamber of Commerce - Visitors' Bureau Expenditure Report; Proclamations issued by Mayor Hughan: Gilroy/South Santa Clara county Winery Appreciation Day - January 16, 1986. (The Mayor noted that she and Councilman Gage attended the celebration for same and noted publication of the new Winery Brochure pamphlet available for distribution.); Children's Dental Health Month - February 1986; Report of investments with maturity exceeding twelve months; Senator Cranston re: mandatory inclusion of state and local government employees into Social Security and Medicare: and Senator Cranston re: funding for General Revenue Sharing. The Report of the Planning Commission Meeting of January 9, 1986, was noted. The new procedures for processing major development requests was noted for information. Motion was made bv Councilwoman Albert seconded by Councilman Gage and carried that the Zoning Code Enforcement POlicy as recommended be approved. Council requested that the 1986 Planning Department Priorities (including 4th Quarter 1985 Report) be reagendized to the February 3, 1986 regular Council Meeting. Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of 12-10-85 December 10, 1985, were noted. Personnel Com. 1-13-86 - JPSA Com. 12-10-85 ... parking- Welburn lwe. Res. #86-7 The Report of the Personnel Commission Meeting of January 13, 1986, was noted. The Minutes of the Joint Powers Sewer Advisory Committee Meeting of December 10, 1985, were noted. city Administrator 3aksa presented and exvlained a recommendation to prohibit parking on a por'tion of Helburn Avenue. Motion was made by Councilman Gage seconded by Councilman Mussallem that the reading of Resolution No. 86-7 be waived and that it De adopt eo prohibiting parking on the north side of Welburn Avenue between 150 feet: ~vest of Ousley Drive and Manoelli Drive and on the east side of Rancho Real between ~velburn Avenue and 200 feet south of WeJ.burn Avenue. RESOLUTION NO. 86-7 RESOLUTION OF THE COUNCIL OF TEE CITY OF GILROY PROHIBITING PARKING ON PORTIONS OF WELBURN 7-\.VmWE AND PANCHO RElI.L IN THE CITY OF GILROY. 5236 PASSED AND ADOPTED this 20th day of January, 1986, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT: Res. #86-8 -IRS re:personal rules Use of Veh. City Administrator Baksa presented Internal Revenue Service on personal use of city vehicles. Hospital/ Utilities Street Plan Orchard Dr. Computer System Quarterly Report Bid re: Vehicle Downtown Action Committee Motion was made by Council~an Palmerlee seconded by Councilman Gage that the reading of Resolution No. 86-8 be waived and that it be adopted endorsing Internal Revenue Service rules on personal use of city vehicles. - "q;. RESOLUTION NO. 86-8 RESOLUTION CONCERNING PASSED AND vote: AYES~: OF THE COUNCIL OF THE CITY OF GILROY ADOPTING A pnLICY USE OF CITY OWNED VEHICLES. ADOPTED this 20th day of January, 1986, by the following NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCI LMEMBERS : NONE City Administrator Baksa reported on the workload in the Departments of Public Works, Planning and Building due to increase in commercial and residential development and requested empathy in completion of other projects. City Administrator Baksa gave an update on the Hospital utilities/Street Plan and progress of same. ...... City Administrator Baksa noted that he would be contacting Councilmembers for Council/Manager Meetings. - A Police Department Report on Orchard Drive traffic was noted. City Administrator Baksa noted progress and update on the City's computer systems. City Administrator Baksa distributed the Fourth Quarter Report to Council. City Administrator Baksa gave an update on the Ag sewer status. City Administrator Baksa distributed revised 1985 sewer allocations with an update on same. City Administrator Baksa presented, a recommendation to pur- chase a used vehicle in the amount of $6,990 from Al Sanchez Volks- wagon for the pretreatment employees use under the Joint Morgan. Hill/Gilroy Project. - Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that the bid of Al Sanchez Volkswagon in the amount of $6,990 for a used vehicle be awarded as recommended. " 'J~#i The Mayor reported on the Downtown Action Committee noting that a meeting has been scheduled for January 22, 1986, at 3:30 p.m. to be staffed by Planning Director Dorn. The Mayor noted that she appointed Don Leach as the artist on said committee and that the various organizations will appoint their own representatives on said committee. She noted that the Planning Commission had selected Com- missioner Hale and the Historical Heritage Committee had selected Al Gagliardi as their representatives. HWy. 152 re: Truck Traffic P & R District 4 Award San Ysidro Park Issue Adjournment .. 5?37 The Mayor dist:ributed cop~es of the Visitor and Convention Bureau 's new brochure. The Mayor noted that the County has scheduled a hearing in the Employees' Lounge of the City Hall on January 30, 1986, at 5:00 p.m. regarding banning of truck traffic on Highway 152 from Honterey Street to Watsonville Road unless trucks have leqitimate business on First Street. The Mayor not.ed a Parks and Recreatio.c1 District 4 Awards Dinner on January 17, 1986, honoring Mrs. Dennis DeBell for the park cont.ri- bution. The Mayor noted the South County Joint Advisory Committee informal meeting. The Mayor noted a Council Study Session scheduled for January 27, 1986, at 7:00 p.m., in the Cou~cil Chambers, City Hall, Gilroy, re: San Ysidro Park Issue. At 12:41 a.m., Tuesday, January 21, 1986, the Mayor adjourned the meeting. Respectfully submitted, A~ ~rk