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Minutes 1986/05/05 Roll Call Consent Calendar Minutes Claim- R. Navarro Res. #86-25 Mutual Aid 5305 Regular Meeting of May 5, 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, Jr. and Roberta H. Hughan (8:04 p.m.) 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: Ayes: Counci1members: Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of April 21, 1986; and Denied a Damage Claim of Rosalva Navarro as recommended; Adopted Resolution No. 86-25 approving an agreement for Mutual Aid Fire Protection and authorizng execution of same. RESOLUTION NO. 86-25 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AGREEMENT FOR MUTUAL AID FIRE PROTECTION AND AUTHORIZING EXECUTION OF SAID AGREEMENT BY THE CITY ADMINISTRATOR. PASSED AND ADOPTED this 5th day of May, 1986, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ AND HUGHAN NONE NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: r.: 30 .- *~), b Bids re: Police Facili ty Bids re: Conduit & Cables Pub. Hear. re: Rezoning & Tent.Map- Johnson/Rose Corp. Intro.Ord. re:rezoning Res. 86-26 Tent.Map City Administrator Baksa presented a recommendation for bids received for the addition and alterations to the Police Facility that same be awarded Farotte Construction Company in the amount of $1,662,799.00. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the bid of Farotte Construction Company in the amount of $1,662,799.00 be awarded as recom- mended for the addition and alterations to the Police Facility. City Administrator Baksa presented a recommendation for bids received for the trenchwork and installation of conduit and cables from City Hall to the Police Station that same be awarded Gavilan Electric in the amount of $17,360.00. - - Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that the bid of Gavilan Electric in the amount of $17,360.00 be awarded as recommended for the trench work and installation of conduit and cables from City Hall to the Police Station. Mayor Hughan stated that it was the time and place scheduled for a Public Hearing on a rezoning request and to consider a Tentative Map request for a Residential Subdivision of 70 Lots, located at the westerly terminus of Third Street from Uvas Creek to the westerly extension of Cypress Court, and east of Santa Teresa Boulevard, on approximately 18 acres, proposed to be rezoned from R2 (Two-Family Residential) Dis- trict to Rl (Single-Family Residential) District, Johnson/Rose Corporation, applicant. She noted that due to a conflict of interest, she would Chair the Hearing but would not take part in the discussion nor action on the matter. The Staff Reports were 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 Coats, representing the applicant, addressed the Council noting that they concur with the Planning Commission findings and requested Condition No. 19 be deleted and that they would try to save the oak tree, if possible. Mrs. Marcia Bodnar, addressed the Council noting that the tree is north of Third Street and may be located in the street that runs north and south. She further noted that she is not opposed to the proposed project, but wants it to be on record that their adjoining property between the proposed property and Santa Teresa Boulevard would request that same remain on the General Plan as Multiple Use. Planning Director Dorn noted that the Tentatiye Map indicates the tree in question appears to be on the Howson Property, however, it apears that it would be into approxi- mately 10 feet of pavement on Benassi Drive, and there may have to be an adjustment if the tree is preserved. Councilman Palmerlee noted that it would be an asset if the tree is healthy. The Mayor asked if there was anyone else in the audience wishing to speak on the proposal. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Discussion was had by Council on the matter. ...'...... - Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that a proposed ordinance be introduced rezoning the property to be published by title and summary. Councilwoman Albert voted "no" on the motion. Motion was made by Councilman Mussallem seconded by Councilman Gage that the reading of Resolution No. 86-26 be - -- Santa Teresa Blvd. Res. 1/86-27 Misc. Water Fees pm.,,. -- Food Vending Vehicles - Sewer Allo- cations -- 5307 waived and that it be adopted approving the Tentative Map ex- cluding Condition No. 19 as recommended. Councilwoman Albert voted "no" on the motion. RESOLUTION NO. 86-26 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR 70 RESIDENTIAL LOTS ON 18 ACRES, MORE OR LESS, WEST OF THIRD STREET FROM UVAS CREEK TO CYPRESS COURT AND EAST OF SANTA TERESA BOULEVARD. PASSED AND ADOPTED this 5th day of May, 1986, by the following vote: AYES: COUNCILMEMBERS: GAGE, KLOECKER, and VALDEZ ALBERT HUGHAN MUSSALLEM, PALMERLEE NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Discussion was had regarding left turns on Santa Teresa Boulevard. Council referred the matter to Staff to determine Council's previous action on same and new information from the Traffic Engineer. City Administrator Baksa presented a resolution approving Miscellaneous Water Fees omitted from revisions to the Compre- hensive Fee Schedule. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 86-27 be waived and that it be adopted. RESOLUTION NO. 86-27 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING MIS- CELLANEOUS WATER FEES OMITTED FROM REVISIONS TO THE COMPREHEN- SIVE SCHEDULE OF FEES CHARGED BY ALL DEPARTMENTS OF THE CITY. PASSED AND ADOPTED this 5th day of May, 1986, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE A letter from Mrs. Susan L. Valenta was noted request- ing an ordinance prohibiting vending vehicles to solicit business near schools. The Staff Report regarding said letter was noted. The City Attorney noted it is questionable whether the City could prohibit a normal business to operate other than for health and safety reasons. Mrs. Valenta addressed the Council further explaining her request and noted the City of San Jose's Ordinance No. 6.54.170 prohibits vending vehicles from soliciting business near schools and same was quoted to her by Sgt. Brant (277-4452). Council referred the matter to the City/School Liaison Committee and requested the City of San Jose's ordinance be ob- tained and attempt to work out a solution to the problem. A letter from Joel Smolen requesting extension of their sewer allocations re: Las Animas Technology Park - Holiday Inn Project, Arroyo Development Corp., was noted. Mr. Smolen addressed the Council further explaining his request. Discussion was had by Council on the matter. Motion was made by Councilman Kloecker seconded by Councilman Gage and carried that authorization be given for extending the 15,000 gallons to 1987-88 and added to the existing 25,000 gals. for that year and that the deposit re- quired at this time be applied to the 1987-88 allotment. Coun- cilwoman Albert voted "no" on the motion. 53GB PlanninG Staff Actions Mr. Lloyd Martin addressed the Council requesting additional time to pay his fees for the 2,000 gallon allotment. Motion was made by Councilman Kloecker seconded by Councilman Gage and carried that Mr. Martin be allowed through May 6, 1986, to pay his fees as requested; further noting that this type of extension will not be authorized in the future and is not a precedent. Noted the following requests for reallocation of unused sewer capacity: Ted Schaal re: Longmeadow Project; Louie P. Tersini re: Arcadia Development Co.; and John M. Filice, Jr. re: Glen Loma Corporation. ...... Mr. John Filice, Jr. addressed the Council further explaining his request and noted that if Council could deter- mine the amount of unused capacity that he and other property owners (Long Meadow Loop; Rancho Real, Mantelli, Arcadia and Schaal) would be willing to attempt to divide this among them- selves and work with Staff on same prior to Council's final approval. lIio",~ Mr. Sig Sanchez, 286 Fifth Street, addressed the Council noting that they would like to be considered for any realloca- tion available and that same not be lmited to a letter request. Mayor Hughan noted that all would be notified if there was a reallocation of unused sewer capacity. Mr. Ted Schall addressed the Council requesting that a decision be made as soon as possible so that the north loop of his property could be commpleted. Council requested Staff to refine the sewer capacity figures for presentation to Council at their next regular meeting to discuss how and when same will be reallocated. ...... The following informational items were noted with no separate discussion on same excepting the Planning Staff Actions, dated April 25, 1986: - Gilroy Bonanza Days Committee invitation to Council as honored guests in annual parade and Mayor Hughan's proclamation for the 1986 celebration. The Mayor requested Councilmembers notify the City Clerk if they intend to participate in the parade; Mrs. Hebe A. Navarro concerning city funds; Proclamations issued by Mayor Hughan: a. Poppy Days - May 16-18, 1986; b. Older Americans' Month - May 1986; c. California "Hire a Veteran" Week, May 4-10, 1986; and d. Fine Arts Month - May 1986; Committee of 100 re: County Parks Charter Amendment; Gilroy's Wine Country Publication - Motorland Magazine; Planning Staff Actions, dated April 25, 1986 (discussion below) ; - Senator Wilson re: Revenue Sharing Update; "",,* Assemblyman Areias response to proposed legislation; Report of Investments with Maturities Exceeding One Year; and Invitation to "Timed Transfers" Workshop, May 14, 1986, sponsored by County Transportation Commission. Councilwoman Albert inquired if the Planning Staff Actions dated 4-25-86, specifically, Fortino - Rancho Real property sewer allotment omitted. Planning Director Dorn noted same was omitted in error. - ... Bldg. Ind. Assoc. re: Sewer Alloc. Plan. Com. Report 5-1-86 JPSA Com. 4-8-86 Downtown Action Com. P & R Com. 4-15-86 Historic Heritage Committee ~ Budget Study Sessions Census Temporary Levee Initial Study Documents Old City Hall - Traffic Circulation ... 3rd & Church Sts. Inter- section ICC Meeting 5309 Discussion was had on the access for development on the Adventist Elementary School. Planning Director Dorn explained the HoguelBonfante Church Street property regarding the metal building proposed. Discussion was had on the Frank Caliri, DBA: Comm Mart Variance and further explained by Planning Director Dorn, noting that if Council wishes to appeal any variances that same be done within 10 days; Planning Commission has the same option. Discussion was had regarding design standards. Director Dorn noted that the Leavesley Road proposed include the commercial portion of Welburn Avenue for consideration at a later date. Planning policy can Council The Mayor noted a letter from the Building Industry Asso- ciation regarding allocation of unused sewer capacity to resi- dential development. The Report of the Planning Commission Meeting of May 1, 1986, was noted. The Minutes of the Joint Powers Sewer Advisory Committee Meeting of April 8, 1986, were noted. The Minutes of the Downtown Action Committee Meeting and April 1986 Agenda were noted. The Minutes of the Parks and Recreation Commission Meet- ing of April 15, 1986 were noted; the Minutes of the Senior Advisory Council Meeting of March 17, 1986 were noted. The Report of the Historic Heritage Committee on Demoli- tion Application for duplex at 7455 and 7469 1/2 Eigleberry Street between Fifth and Sixth Streets was noted. Council set May 14 and 21 for Budget Study Sessions; times to be announced. City Administrator presented State population figures of 1-1-86 to be 26,892. Motion was made by Councilman Gage seconded by Councilman Gage seconded by Councilman Mussallem and carried that the new population estimate of 26,892 be approved as presented. City Administrator Baksa noted that the temporary levee on private property will be removed this Thursday or Friday. Council concurred that distribution of Initial Studies with Staff reports is sufficient time; additional time required for EIR's only. Councilman Gage reported that the clock at the Old City Hall building is not operating and maintenance is needed on landscaping. It was noted that the lease will be investigated to determine responsibility on these issues. Councilman Mussallem suggested that the Downtown Action Committee study the possibility of closing Monterey Street from Third Street to Sixth Street and One-Way traffic on Eigleberry and Church Streets. Councilwoman Albert noted that she would present same at their next meeting. Councilman Gage offered transportation to those attending the Joint Special Council Meeting in Morgan Hill on May 6, 1986; meet at City Hall at 6:40 p.m. City Administrator Baksa noted that he would have a report on Third and Church Street intersection at the May 19 1986, regular meeting. The Inter-City Council Meeting of May 8, 1986, in Cupertino was noted. r; :) 1 l"'. I .. ..... i ~ Jt. Spec. Gil. /M. H. Counci I Meeting Adjournment .. The Continued Joint Specia~ Cilroy/Morgan Hill City Council Meeting and Public Hearing re: the adoption of a long- term Wastewater Management Plan, May 6, 1986 - 7:00 P.M. at the Morgan Hill Council Chambers, City Hall, 17555 Peak Avenue, Morgan Hill was noted. At 10:27 p.m., the Mayor adjourned the meeting.