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Minutes 1986/02/03 Roll Call Consent Calendar Minutes Res. #86-9 re: Stop Signs Ord. #86-3 Rezoning- Raisch Prod. 5237 February 3, 1986 Gilroy, california Mayor Hughan led the Plenqe of Allegiance to the Flag. Present: Councilmembers: Sharon A.Alhert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roherta H. Hughan (8: 00 ;:).m.) Motion was made by Councilman Gage seconded by Councilman Kloecker that the following items under the Consent calendar, excluding Items 3 and 4 under Item F, he approved bv the following Roll Call Vote: Ayes: Councilmernbers: Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan: Approved the Minutes of the Regular city Council Heeting of January 20, 1986; Adopted Resolution No. 86-9 authorizing placing of stop signs at Second and at Seventh Street. RESOLUTtONNO. 86-9 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ES~ABLISHING ARTERIAL STOPS ON EIGLEBERRY STREET AT ITS INTERSECTION WITH SEVENTH STREET, ON EIGLEBERRY STREET AT ITS INTERSECTION WITH SECOND STREET, ON ROSANNA STREET AT ITS INTERSECTION WITH SECOND STREET, AND HANNA STREZT AT ITS INTERSECTION WITH SECOND STREET. PASSED AND ADOPTED this 3rd day of February, 1986, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, NOES: COUNCILME~ffiERS: NONE ABSENT: COUNCILMEMBERS: NONE; Adopted Ordinance No. 86-3 rezoning property of Raisch Products, Inc. from M2 (General Industrial) District to CM (Commercial Industrial) District located on the east side of Chestnut Street between Tenth Street and Luchessa Avenue on approximately 20.25 acres~ ORDINANCE NO. 86-3 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 20.25 ACRE PARCEL LOCATED ON THE EAST SIDE OF CHESTNUT STREE~ BETWEEH Tr~NTH STREET AND LUCHESSA AVENUE FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO CM (COMMERCIAL INDUSTRIAL) DISTRICT. 5238 Ord. #86~4 re: Rezoning- Brentwood Invest. Co. Claim - L.J. Fregoso Dev. Agree. & Final Maps- Overland; Sarrrrnut Bros; Mattos, O'Dell PASSED AND ADOPTED this 3rd day of February, 1986, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE; Adopted Ordinance No. 86-4 rezoning property of Brentwood Investment Company from Rl PUD (Single Family Residential) Planned unit Development District .to Rl (Single Family Residential) District, located on the north side of Mantelli Drive, west of Welburn Avenue on approximately 29.23 acres. ........ ORDINANCE NO. 86-4 ...... ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING 29.23 ACRES OF A 100 ACRE PARCEL NORTH OF MANTELLI DRIVE, WEST OF WELBURN AVENUE FROM Rl PUD (SINGLE FAMILY RESIDENTIAL) PLANNED UNIT DEVELOPMENT DISTRICT TO Rl (SINGLE FAMILY RESIDENTIAL) DISTRICT. PASSED AND ADOPTED this 3rd day of February, 1986, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALIffiRLEE, VALDEZ and HUGHAN NONE NONE; NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Denied a claim of L. J. Fregoso, as recommended; Approved the following Development Agreements and Final Maps (deleting Nos. 3 and 4 as recommended): Overland Enterprises, Inc., Tract 7834; Sammut Bros.; and Mattos, O'Dell, et aI, as recommended; /0'''''''_ Def. Dev. Agree.- Approved a Deferred Development Agreement with D & E Develop- D & E Dev. ment, as recommended. Bids re:police & City Hall Air Condo Pub.Hear. re: HCD Applic. - city Administrator Baksa presented a recommendation on bids received for air conditioning improvements at the Police Department and city Hall recommending award of the bid to CSM Service in the amount of $29,547.00, noting bid of Asco Air Conditioning to be the lowest bidder for the City Hall portion of the bid ($7,922.00); cost differential minor ($105.00) and difficult to administer two con- tractors. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the bid of Asco Air Conditioning be awarded for air conditioning improvements at the Police Department and city Hall subject to the specifications informing bidders that the bids may be combined; if not included in the specifications, the bid be awarded CSM Service for the Police Department portion in the amount of $21,520.00, and Asco Air Conditioning for the City Hall portion in the amount of $7,922.00. The Mayor stated that it was the time and place scheduled for a Public Hearing on the City's 12th Year Housing and Community Development (HCD) Block Grant Application~ HCD Grant Coordinator Ford presented and explained the Staff Report, recommending that the entire guaranteed portion of funds be allocated to Housing Rehabilitation Program. - The Mayor asked if there was anyone in the audience wishing to speak on the matter. Ms. Marie Juncker, representing South County Housing, ad- dressed the Council requesting $20,000.00 of the allocated funds. Ms. Ann Marquart, Director of Operation Sentinel, addressed the Council requesting $7,500.00 of allocated funds for landlord/ tenant problems. - -- Cont'd Pub. Hearing re: Compo Fee Schedule ,*"",~ - Res. #86-10 .- .. First St. Special Events 5239 Hs. Barbara Kern, Program 11anager, La Isla Pacifica, representing Battered Women's Shelter in South County addressed the Council requesting $15,000.00 of the allocated funds for a new shelter in South County. The Mayor asked if there was anyone further in the audience wishing to speak. Mr. Lupe Casteneda, representing a committee for youth projects, addressed the Council notiwJ 'cha'.: he did not complete the required documents necessary to apply for HCD funus. Mr. Alhert Valencia, South County Alternatives, addressed the Council noting that he would assist Mr. Casteneda in preparino the required forms for incorporation, etc. for United Way Funds. After hearing no objections, the Mayor closed the Public Hearing. Discussion v.Jas had b~r Council on the matter. l~otion was made by Councilman Kloecker seconded by Councilwoman Albert and carried that the Public Hearing be con'cinued to the February 18, 1986 regular Council Meeting in order to further study the requests and determine what the other agencies proposed, that are requesting funds. The Mayor stated that'it was the time and place scheduled for the continued Public Hearing on proposed amendments and revisions to the City's Comprehensive Fee Schedule. The Staff Report was noted and further explained by City Adminis- trator Baksa. Mr. Al Sanchez, representing the New Car1\utomobile Dealers in Gilroy, addressed the Council ob-jecting to the increase in license fees for gross receipts licenses'previouslY approved by Council, effective presently. The Mayor asked if there was anyone in the audience wishing to further speak in regard to the proposed fee sch~dule. There was no comment from anyone in the audience. Discussion was had on the proposed development fees for projects adjacent to Santa Teresa Boulevard. The Mayor aSked if there was anvone present in the audience wish- ing to speak on said fees. There was no comment from anyone in the audience. Motion was made by Councilman Kloecker and died for lack of a second to set a maximum $10.00 returned check fee. After hearing no objections, the Mayor closed the Public Hearing. Motion was made by Councilman Mussallem seconded by Councilman Gage that the reading of Resolution No. 86-10 be waived and that it be adopted approving the recommended amendments and revisions to the Com- prehensive Fee Schedule as submitted to include the $1,422.00 per unit s~ta Teresa Boulevard Road Improvement Fee. RESOLUTION NO. 86~10 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING THE COMPREHEN- SIVE SCHEDULE OF FEES CHARGED BY ALL DEPARTl~NTS OF THE CITY. PASSED AND ADOPTED this 3rd day of February, 1986, by the following vote: AYES : COUNCILME~1BERS: ALBERT, GAGE, KLOECKER~ MUSSALLEM, ~ALMERLEE, VALDEZ and HUGHAN . COUNCILMEllliERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT: Council recommended a letter be forwarded to the local auto dealers advising them that a proposal on their license fees would be considered if submitted at a future date. A Task Force Report from Susan patereau, President of the Gilroy Jaycees, was noted regarding the temporary moratorium banning of special events on First Street from Monterey Street to Westwood Drive, expiring February 3, 1986. C)0L10 .... L r.... Sewer Alloca- tion requests The Mayor aSked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilnan Palmer lee seconded by Council- man Kloecker and carried that there be a permanent ban of special events, i. e., circuses, carnivals, bullfights ,:menageries, etc. on First Street from Monterey Street to Santa Teresa Boulevard. It was noted that any unforeseen event categories be referred to Council for determination. The Mayor deviated from the regular aqenda in order to accommodate interested persons in the audience. ...... i/i.,",,::M City Administrator Baksa gave an update on the February 1 sewer allocations and presented the following requests: Las Animas Technology Park requesting all or portion of funds on deposit be credited toward future building fees, noting the 10,000 gallons per day of sewer capacity would be forfeited for the right to retain the remaining sewer capacity allocated (103,000 gallons) for future buildout. The Mayor asked if there was anyone present in the audience wishing to speak on this request. Mr. Joel Smolen, Las Animas Technology Park, addressed the Council further explaining his request. Robert Mann Packaging, Inc. requesting a 60-day extension from February 1, 1986 ~erformance date, due to the appeal delay. Del Monte Developers requesting a 90-day extension to com- plete financing for the project, further explained by City Adminis- trator Baksa. ..... Motion was made by Councilman Mussallem seconded by Council- man Gage and carried that Las Animas Technology Park request for crediting their deposit toward future building fees be denied; 10,000 gpd and fees on deposit would be forfeited, noting that this would not affect the remaining 103,000 gallons for Las Animas Tech- nology Park's future buildout. ~,;. Motion was made by Councilman Gage seconded by Councilman Mussallam and carried that Robert Mann Packaging, Inc. request for a 60-day extension from February 1, 1986, performance date be ap- proved as requested due to the appeal delay. Further discussion was had regarding Del Monte Developers' request for extension. The Mayor asked if there was anyone in the audience wishing to speak on this matter. Mr. George Volkoff, representing Del Monte Developers, ad- dressed the Council further explaining the additional time needed for financing their project. Discussion was had by Council on the matter. Motion was made by Councilman Kloecker, seconded by Councilman Gage, that the request of Del Monte Developers be approved by the following Roll Call Vote: Ayes: Councilmernbers: Gage and Kloecker. Noes: Councilmembers: Al- bert, Mussallem, Palmerlee, Valdez and Hughan. The motion failed. ...... 'tlIIt Motion was made by Councilman Palmerlee seconded by Council- woman Albert and carried by the following Roll Call Vote that the ' request of Del Monte Developers be denied. Ayes: Councilmembers: Albert, Kloecker, Mussallem, Palmerlee and Hughan. Noes: Council- members: Gage and Valdez. It was noted that the fees would be forfeited but that Del Monte Developers can proceed with the 1986-87 allocation and that the 12,560 gallons of sewer capacity would remain in the Obata Pool until April 1, 1986. Plan. Dept. priorities - -- Truck Traffic Hwy 152 Res. #86-11 "... -- JPSA Com. 1/14/86 - ... ~)24'1 The Mayor continued with the regular agenda. Discussion was had regarding the 1986 Planning Department priorities continued from the January 20, 1986, regular Council Meeting. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the recommended priorities as presented through No. 16 be approved removing Items 17, 18 and 19. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. A request of Supervisor Wilson for an ordinance regarding truck traffic on Hecker Pass Highway (Rte. 152) was noted. Councilman Mussallem reported on the public hearing held by the County in regard to the proposed ban of truck traffic on Hecker Pass Highway (Rte. 152). Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of ResolutionNo. 86-11 be waived and that it be adopted concurring with the banning of truck traffic on Hecker Pass Highway from Watsonville Road west, and requesting that the proper signing be posted by the responsible agency. . RESOLUTION NO. 86-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ENDORSING COUNTY PROHIBITION OF SEMI-TRAILER TRUCKS ON STATE HIGHWAY 152 BETWEEN CARLTON ROAD IN SANTA CRUZ COUNTY TO SANTA CLARA COUNTY LINE, AND WATSONVILLE ROAD IN SANTA CLARA COUNTY TO SANTA CRUZ COUNTY LINE. PASSED AND ADOPTED this 3rd day of February, 1986, by the following vote: AYES: COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: ALBERT COUNCILMEMBERS: NONE NOES: ABSENT: The following informational items were noted with no separate discussion on same: Proclamations issued by Mayor Hughan: Women's History Week - March 2-8, 1986; Human Relations Month - February 1986; Newspaper in Education Week - March 3-7, 1986; and Rural Crime Prevention Month - February 1986; South County Advisory Committee/Gilroy Members. Councilman Gage complimented committee member, .Tack Pate, for the concise report and requested the Mayor forward a letter of appreciation; and Gilroy Chamber of Commerce re: Report of citizens' Advisory Committee. The Minutes'of the Joint Powers Sewer Advisory'Corrrrnittee Meeting of January 14, 1986, were noted. City Administrator Baksa presented the following reports: Update on the computer S\Tstem. Further commented on the sewer allocation and completed contracts. Noted that the Sewer/Water Overuse POlicy/Ordinance would be foy"thcoming. Noted progress on the City Code update. Noted publication of El Gavilan Bilingual Magazine covering Montery, San Beriito and Santa Clara Counties requesting funding for said publication to be requested during the City's budget process. Noted the 1986-87 Budget would include 1987-88 (2 years) vs. a 5-year budget proposed for future years. Noted that the Capital Improvement Budget would go before the 5242 Sewer Plant Longterm Procedures Old City Hall Committee Adjournment Planning Commission on February 6, 1986, for recommendation to Council. Noted that the Ag Committee has scheduled a meeting for February 5, 1986, at 4:00 p.m. Noted the proposed Tichinin Injunction was denied and a hearing scheduled for February 19, 1986, with Andy Faber to repre- sent the Cities of Gilroy and Morgan Hill. - Council concurred that the Department of Public Works would continue their Departmental Report prior to the next regular Council Meeting of February 18, 1986. -- V'--_,'- The Mayor requested Council discuss the Sewer Plant Long- term Plan procedure. Discussion was had on the matter. The Mayor requested a Roll Call Vote on the issue of whether the Joint Powers Sewer Advisory Committee should recommend to the Gilroy/Morgan Hill City Coun~ils on the certification of the EIR and alternates for the long-range sewer proposal: Ayes: Council- members: Gage, Mussallem and Valdez; Noes: Councilmembers: Albert, Kloecker, palmerlee and Hughan. City Administrator Baksa recommended that the City obtain in writing from Andy Faber exactly what he requires on the issue of 12 votes vs. Gilroy and Morgan Hill Councils making their inde- pendent decisions, prior to the Study Session of February 24, 1986. The Mayor reported on the following: A meeting she and Councilman Kloecker attended with the San Martin Planning Committee. Distributed correspondence .from the City of Sunnyvale, re- questing establishing committees for the Initiative Education Cam- paign discussed at the Mayors' Conference and requested that volun- teers contact her. -- If.,,,4 Requested carpool for anyone attending Susanne Wilson's Dinner on february 13, 1986. A meeting scheduled of the Drug Abuse Task Force Committee on February 7, 1986, at Noon. A meeting scheduled of the Downtown Action Committee on Feb- ruary 5, 1986, and subsequent meetings every other Wednesday. A Chamber of Commerce Mixer to honor Jack Pate and Sally Con- nell on February 28, 1986, from 4-7 p.m. at the Theatre Angels. Councilman Gage noted that he would not be able to attend. Councilwoman Albert presented a status report on the Old City Hall Committee and further explained same. Discussion was had regarding the Committee administering funds vs. City continuing same. At 10:54 p.m., the Mayor adjourned the meeting. .... Respectfully submitted, v,,;,..... ~~&.I~