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Minutes 1986/04/07 ~)254 Roll Call Intro. New Employee Sr. Bingo Committee Tree City, USA Consent Calendar Minutes Claim Claim Claim Dev. Agree. Enter- prises Downtown Action Com. Sr. Center Architect Equip-Fire Dept. April 7, 1986 Gilroy, California Mayor Hughan led the Pledge of Allegiance to the 'Flag. Present: Councilmembers: 'Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, ~r.. .andRoberta H.Hughan.(8:00 p.m.). The Mayor introduced John Sheedy, Police Officer. ... The Senior Center Bingo Committee presented Council with Bingo Committee hats and invited them to a luncheon barbeque June 1, 1986, at Las Animas Park, spouses included. ..... Mr. Don Collins, Department of Forestry, Morgan Hill, presented the Mayor with a flag and plaque to the City for Tree City USA, 7th year. Motion was made by Councilman Gage seconded by 'Councilman Kloeckerthat the following items under the Consent Calendar be approved by the following Roll Call Vote, noting a correction in Item A. Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan. Approved the Minutes of the Regular Council Meeting of March 17, 1986 to include a correction on Page 6, re: Ed Zschau (instead of Ted Schaal) Fund Raiser; Denied a claim of Mantz, Miller, Mori and Warfield as recommended; Denied a property damage claim of Bob Lynch Ford as recommended; ..... Denied a claim of Farmers Insurance Group re: Subrogation Rights; and ..... Approved a Development Agreement with Malta Enterprises Pension and Profit Sharing Plan as recommended. Noted a recommendation to hire Lora Lucero as consultant to the Downtown Action Committee. Motion was made by Councilman Palmerlee seconded by Councilwoman Albert and carried that Lora Lucero be hired as consultant to the Downtown Action Committee as recommended. Noted a recommendation to hire E.H. Duerr, architect, for the Senior Center Project. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that Mr. E. H. Duerr be hired as architect for the Senior Center Project as recommended. Noted report on bids received for purchase of a utility vehicle for the Fire Department from the State Department of General Services in the amount of $13,808.21. .... City Administrator Baksa presented and explained a letter from Bob Lynch Ford, Inc., noting that a bid guarantee __ bond was not required from the State and the price concession from the manufacturer was available to his company, as well as the State and same would apply to his bid. Motion was made by Couincilman Kloecker seconded by Councilman Palmer lee and carried that the bid of the State Department of General Services in the amount of $13,808.21 be awarded as recommended for the utility vehicle for the Fire Department. Pub. Hear. re: GPA- V.Marquez - .... - Pub.Hear.re: TM-W.J. Hanna Pub. Hear. re: Zon.Ord.Text Changes - - 5255 City Administrator Baksa noted that costs to obtain equipment could be added to the bid if Council decided to change their policy for purchasing future procurements. Council requested that Staff prepare a proposal for future purchases for their consideration at a later date. The Mayor stated that it was the time and place for a continued public hearing to consider a General Plan Amendment request of Victor Marquez from Industrial Park to Visitor Serving Commercial located north of Leavesley Road and east of San Ysidro Avenue on approximately 2 acres. 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. Mr. Geary Coatst representing the applicantt addressed the Council requesting modification that if the Hospital Project proceeds before this property is developed and street required by the Hospitalt they be the dedicator of the land required. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no further comment from anyone in the audiencet and the Mayor closed the Public Hearing. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the General Plan Amendment requested be approved. It was noted that a resolution would be adopted to include all the General Plan Amendment requests following all of the Public Hearings. The Mayor stated that it was the time and place scheduled for the continued Public Hearing to consider a Tentative Map request of W. J. Hanna for a Residential Subdivision of 91 lots on property located between Mantelli Drive on the north and Hecker Pass Highway on the southt west of Welburn Avenuet on approximately 94 acres zoned RH (Residential Hillside) District. A letter from the applicant was noted requesting continuance of the Public Hearing for 90 days. Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that the Public Hearing be further continued to July 7t 1986t requested by the applicant. The Mayor stated that it was the time and place scheduled to consider various Zoning Ordinance Text changes pertaining to the Industrial Use Tablet Regulations of Dish Antennas and Abandonment of projectst City of GilroYt applicant. 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 proposed changes. Mr. Leon O'Dell addressed the Council requesting that the text provide for roof type monitoring of smaller dish antennas. The City Attorney noted that the variance provision of the Zoning Ordinance would provide for same. r: 2 5 " ":'J_ h Pub.Hear. re: RDO Numeri- cal Limits Res. 1186-21 Pub. Hear. re: Housing Ele- ment Update GPA 84-2 The Mayor asked if the was anyone further in the audience wishing to speak on the matter. There was no further comment from anyone in the audience, and the Mayor closed the Public Hearing. Motion was made by Councilman Palmerlee seconded by Councilman Kloecker and carried that an ordinance be introduced and published by title and summary approving the Zoning Ordinance Text Changes recommended by Staff. Councilman Gage voted "no" on the motion. The Mayor stated that it was the time and place scheduled for a Public Hearing to establish numerical limits of dwelling units to be permitted under the requirements of the RDO for 1987, 1988 and 1989. - ....... The Staff Report was noted and further explained by Associate Planner Myer. The Mayor presented a letter from the Building Industry Association requesting Council to consider to transfer allocations not used by commercial and industrial to the residential sector. 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. The Mayor closed the Public Hearing. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 86-21 be waived and that it be adopted establishing numerical limits to be permitted under the requirements of the RDO for 1987, 1988 and 1989. RESOLUTION NO. 86-21 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING NUMERICAL LIMITS FOR RESIDENTIAL DWELLING UNITS TO BE ISSUED BUILDING PERMITS FOR EACH OF THE YEARS, 1987, 1988^and 1989. PASSED AND ADOPTED this 7th day of April, 1986, by the following vote: AYES: COUNCILMEMBERS: ...... ~'. NOES: ABSENT: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALERMLEE, VALDEZ and HUGHAN NONE NONE COUNCILMEMBERS: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a General Plan Amendment request for the Housing Element Update initiated by the City (GPA 84-2). The Staff Report was noted and further explained by Associate Planner Myer. Ms. Melonie Freitas, consultant, further explained the recommendation for the Housing Element Update. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. Ms. Marie Juncker, South County Housing, addressed the Council requesting fee waiver clause to allow sewer capacity lost by developers be transferred to residential housing. ~ t;,'",ijif Ms. Donni Grotte, Tri-County Apartment Association, addressed the Council, noting concern of the process only dealing with resale. She requested consideration of maintenance and code check on a rotating basis and further noted that they would be willing to work with the CIty on an on-going program. ~ - Pub. Hear. re: GPA-Gilroy Foods,etc. ~ - Pub.Hear.re: GPA Gen. Ind. to Gen.Serv. Com. GPA 86-1 ....... - 5257 Heard from Staff Attorney with California Rural Legal Assistance commenting on the homeless special needs. He further noted that the technical appendix does not indicate how many shelters are filled to capacity. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no further comment from anyone in the audience and the Mayor closed the Public Hearing. Motion was made by Councilman Palmerlee seconded by Councilwoman Albert and carried that action on the General plan Amendment Housing Element Update be continued to the next regular Council Meeting to allow a Study Session on same at 7:00 p.m., prior to said meeting. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a General Plan Amendment request for inclusion in the 20 Year Area to General Industrial on property located south of Pacheco Pass Highway (152) and east of Highway 101 on approximately 286.3 acres, Gilroy Foods, Inc., Glen Lorna Corp. and Norton Farms, applicants. 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. Mr. John Filice, 259 Filice Drive, representing Glen Lorna and Norton Farms, addressed the Council noting general concurrence with the Planning Commission and Staff recommendations; requesting additional access into the facilities. Mr. Bill Workman, Gilroy Foods, addressed the Council noting concurrence with Staff's recommendation and urging inclusion in the 20 Year Area. Mr. Jim Stein, Gentry, addressed the Council recommending continuance for 60 days. Motion was made by Councilman Palmerlee seconded by Councilman Kloecker and carried that certification of the EIR and Public Hearing on the General Plan Amendment be continued to the April 21, 1986 regular Coiuncil Meeting. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a General Plan Amendment request from General Industrial to General Services Commercial, initiated by the City (GPA 86-1). The Staff Report was noted and further explained by Planning Director Dorn. The Mayor asked if there was anyone audience wishing to speak on the proposal. comment from anyone in the audience and the Public Hearing. present in the There was no Mayor closed the Motion was made by Councilman Mussallem seconded by Councilman Kloecker and carried that a Negative Declaration be issued and the General Plan Amendment be approved as recommended. It was noted that a resolution would be adopted to include all General Plan Amendments. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that formal action on the General Plan Amendment request of Victor Marquez and General Plan Amendment request from General Industrial to General Services Commercial (GPA 86-1) be continued to the next regular Council Meeting of April 21, 1986, to allow adoption of one General Plan Amendment resolution. 525B MH Eng./ Rancho Real Recess So.Co.Jt. Plan. Adv. Com. re: Land Use Policies Tenth St. Median Policy The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. Ms. Kathy Haney, 6429 Baron Place, addressed the Council and inquired about short-term measures taken in regard to the flooding south of Tenth Street. The Mayor and Councilmembers gave a brief report on action being taken by the City for long-term measures noting that the flooding south of Tenth Street cannot be completely corrected on a short-term basis and that the Disaster Council is working on more effective disaster preparedness. The Mayor deviated from the regular agenda in order to accommocate interested persons in the audience. - ~"~ The book, "Harvest of Change," an illustrated History of Santa Clara County, was further explained by Mr. Will Lee, assisting the Santa Clara County Historical Commission in producing the official County History Book for Santa Clara County and requesting cities participate in biographies of each for $4,000 that will include two pages in the book. Council tabled action on participation in the book to their Budget Study Sessions. Councilman Gage requested that the Gilroy Visitor's Bureau also be contacted to determine their interest in including Gilroy within the ninth chapter of the book. A letter from MH Engineering Company was noted re- garding their sewer agreement for the lands of Gilroy Country Club Estates, further explained by Gloria Ballard, noting that a SO unit sewer allocation is not feasible for their proj ect. City Administrator Baksa presented a letter from John M. Filice, representing the Rancho Real Project of SO units, also invoking the non-performance clause of their agreement due to the SO unit sewer allocation not feasible for their proj ect. .... - The Mayor declared a recess at 10:20 p.m. and reconvened the meeting at 10:29 p.m. South County Joint Planning Advisory Committee requested review nd comment on Rural/Urban Land Use Policies further explained by Counclman Kloecker. (Councilwoman Albert left and returned to her seat at the Council table at 10:33 p.m.) Councilman Kloecker recommended that the portion of the Report, Items 19 and 20 pertaining to revenue sharing,should be discussed directly between the County and City of Gilroy to meet this problem and recommended that a Study Session of the Council and Board of Supervisors be scheduled for same. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. City Administrator Baksa explained the Tenth Street Median Policy and noted a letter from R. J. Dyer Real Property Investments, Inc. objecting to the median on Tenth Street at a Tenth and Chestnut Street Project. .... ~,,,,4 Mr. Don Orosco, developer of the 10 acre project, addressed the Council further explaining their objection to the median and noted that they would be willing to trade removal of the median strip on Tenth Street adjacent to their property for additional landscaping. - SCA 9 Ballot Proposal ... Rail Corri- dors/MTC IQM""Il ..... - ..... 5?59 Additional information was provided by City Engineer Allen. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the median policy on Tenth Street be amended to allow eliminating said median, provided additional landscaping of an equal amount of square footage is constructed throughout the project and further, that an exit off of Alexander Street would not be required. Council requested that the revised plan be presented to them for review and information when completed. A letter from Senator Boatwright was noted requesting support of SCA 9 ballot proposal. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that a letter be forwarded Senator Boatwright in support of SCA 9 ballot proposal. A letter from the Board of Supervisors requesting re- affirmation of priority rail corridors for the Metropolitan Transportation Commission's new Rail Transit Starts and Extensions Plan was noted. Motion was made by Councilman Kloecker seconded by Councilman Gage and carried to support reaffirmation of priority rail corridors for the Metropolitan Transportation Commission's new Rail Transit Starts and Extensions Plan as requested. The following informational items were noted with no separate discussion on same: Proclamations issued by Mayor Hughan: a. Senior Expo Week, 4/21-27/86; b. Fair Housing Month - April 1986; c. Earthquake Preparedness Week - April 14-19, 1986, d. Head Start Week - April 21-25, 1986; e. Week of the Young Child - April 20-26, 1986; f. Traffic Safety Week - 5/18-24/86; and g. American Home Week - 4/13-19/86; Building Industry Association - Southern Division re: 3/17/86 School Impact Fee Public Hearing; Hope Rehabilitation Services re: Cancellation of Seventh Annual Run; Ms. P. A. Jones' complaint re: South Valley Refuse Disposal and City's response; City requesting legislators to seek funding in 86-87 Federal Budget for 566 and Uvas/Carnadero Levee Projects; City of San Buenaventura (Ventura) re: Cable TV Utility Tax litigation; County Office of Emergency Services re: City's assistance during recent disaster application center operation; County Referral (CR 86-6) letter to Juanell Waldo; Planning Staff Action Report of March 28, 1986; Report of Investments with maturity exceeding one year; and County of Santa Clara Draft findings of Job/Housing Report. Councilman Mussallem suggested that the City sponsor a seminar for Earthquake Preparedness to citizens. 5260. Plan.Com. Report Downtown Action Com. P & R Com. Mutual Aid Agreement Strand Theatre Pub. Hear. re: Non-Smoking Ord. 86-91 Cap. Imp. Program Computer Syst. Police Annex Dev. Agree. Deerpark, Phase II Ivy Survey Councilman Palmerlee referred to Planning Staff Action Report (A/S 86-6) inquiring of the painting requirement of the building. Discussion was had regarding the City's requirement for painting of buildings. City Administrator Baksa noted that he would investigate the City's authority to regulate colors of buildings. The Report of the Planning Commission Meeting of April 3, 1986 was noted. The Minutes of the Downtown Action Committee Meeting of March 5, 1986, inlcuding 3/19/86 Agenda Packet and the Minutes of their March 19, 1986, meeting including 4/2/86 agenda were noted. ...... The Minutes of the Parks and Recreation Commission Meeting of March 18, 1986, were noted. #;i,'. The Minutes of the Senior Citizens' Advisory Council Meeting of February 11, 1986, and the Minutes of the Golf Course Advisory Board Meeting of March 11, 1986, were noted. City Administrator Baksa presented a Mutual Aid Agreement with the California Department of Forestry recomrnmending approval of same. Motion was made by Councilman Mussallem seconded by Councilwoman Albert and carried that the Mutual Aid Agreement with the California Department of Forestry be approved as presented. It was noted that the Strand Theatre funding issue has been referred to the Gilroy Downtown Action Committee. Councilman Kloecker requested that the City investigate how other cities have dealt with rehabilitation of their theatres; i.e., Fox Theatre - San Jose; Paramount - Oakland. ..... City Administrator Baksa noted the scheduled Public Hearing for April 21, 1986, regular Council Meeting to consider enactment of a non-smoking ordinance for the workplace. - City Administrator Baksa presented the 1986-1991 Capital Improvement Program further explaining modifications to same. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the 1986-1991 Capital Improvement Program as modified be approved. City Administrator Baksa gave an update on the City's computer system. City Administrator Baksa gave an update on the Police Annex, noting that bids would be advertised for April 29, 1986. City Administrator Baksa presented a Development Agreement with Deerpark, Phase II, recommending approval of same. ....... Motion was made by Councilman Valdez seconded by Councilman Kloecker and carried that the Development .,,,", Agreement for Deerpark, Phase II, be approved as recommended. City Administrator Baksa noted the Ivy Survey would begin April 7, 1986, and volunteer notices distributed. It was noted that the trees in front of Wheeler Center are in need of ivy removal. Non-Profit Organization Funding D.Hansen re: Legal Fees .. ~)?6'1 City Administrator Baksa presented Council with a Jlist of non-profit organization requesting funding in the 1986-87 City Budget and requested that the $4,000 request for Harvest of Change publication be added to the list. City Administrator Baksa presented a request of $7500 for legal defense in regard to David W. Hansen's State license. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that $7,500 be authorized for David W. Hansen's legal defense in regard to his State license. The letter was referred to the City Attorney to prepare a letter in regard to same, to note cost of appeal not toexceed $7,500, and that this is the total commitment of the City for defense of the license. The Mayor inquired if Council requests a letter be forwarded to Ms. Kathy Haney. Council requested a letter be forwarded to include that there is significant concern by the Council on the problem south of Tenth Street. JPSA Meeting The Joint Powers Sewer Advisory Committee meeting scheduled for April 8, 1986, at 8:00 a.m., was noted. ErR Documents Discussion was had regarding Council receiving ErR documents with sufficient time to act upon them. City Administrator Baksa noted that he would discuss same with the Planning Department. Adjournment At 12:11 a.m., Tuesday, April 8, 1986, the Mayor adjourned the meeting to the 7:00 p.m. Special Joint Gilroy/Morgan Hill Meeting. Respectfully submitted, A~e~