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Minutes 1987/04/06 5494 lrl Posting Agenda Roll Call Consent Calendar Minutes Ord.87-5 Ord.87-6 ,.., pO Minutes Mattos Off-Bldg. Bids re: STP Equip. Regular Meeting April 6, 1987 Gilroy, California Mayor Hughan led the Pledge of Allegiance to the Flag. The City Clerk reported that the Agenda had been posted on April 2, 1987 at 4:05 p.m. Present: Councilmembers: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. (8:05 p.m.). ""',"""" - Motion was made by Councilman Gage seconded by Councilman Kloecker that the following items under the Consent Calendar be approved to include correction to Item "D" March 23, 1987 Minutes noting Councilman Palmerlee absent, referred to on Page 2 as Councilman Gage being absent, by the following Roll Call Vote: Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of March 16,1987; Adopted Ordinance No. 87-5 Amending various Sections of the Zoning Ordinance as noted; ORDINANCE NO. 87 - 5 ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 2.20; 5.10; 5.40; 6.10; 6.40; 7.10; 7.40; 8.40; 10.30; 11.30; 14.10; 18.30; 19.30; 22.30; 27.20; 27.50; 31.23; 31.24; 31.25; 31.53; 34.30; 37.31; 37.41; 37.51; 37.53; 40.20 AND 40.30 OF THE ZONING ORDINANCE. PASSED AND ADOPTED this 6th day of April, 1987, by the following vote: AYES: ....... NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None -- ; Adopted Ordinance No. 87-6 Amending the Zoning Ordinance of the City by Prezoning approximately 16.24 acres adjoining the City on the East side of Wren Avenue immediately North and South of the Ronan Channel as Rl (Single Family Residential) District; ORDINANCE NO. 87 - 6 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF THE CITY BY PREZONING APPROXIMATLEY 16.24 ACRES ADJOINING THE CITY OF GILROY ON THE EAST SIDE OF WREN AVENUE IMMEDIATELY NORTH AND SOUTH OF THE RONAN CHANNEL AS Rl (SINGLE FAMILY RESIDENTIAL) DISTRICT. PASSED AND ADOPTED this 6th day of April, 1987, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMRLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: -~ Approved the Minutes of the Adjourned Regular Council Meeting of March 23, 1987 as corrected; and ..... Accepted improvements on the Mattos Office Building at the corner of Church and First Streets as recommended. City Administrator Baksa presented a Report of bids received for the Food Processor Rental Irrigation System, I recommending award of bid to Rain forRent, Salinas in the amount of $85,497.44. Motion was made by Councilman Kloecker seconded by Councilman Palmer lee and carried that the bid of Rain for Rent be awarded in the amount of $85,497.44 for the Food Processor Rental Irrigaation System as recommended. Bids re: Fertilizer ...... Bids re: Diesel Truck - i U Bids re: Truck Pub.Hear. RDO Numeri- cal Limits -"._~ Res .1/87-19 Appeal Hear.re: Leavesley Inn Signs [ ..",.~. - 05495 City Administrator Baksa presented a report of bids for the annual fertilizer order recommending award of the bid to Target Chemical Co., San Jose, in the amount of $12,191.09. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the bid of Target Chemical Co., San Jose be awarded in the amount of 12,191.09 for the annual fertilizer bid as recommended. City Administrator Baksa presented a report of bids received for a diesel-powered truck recommending award of same to the State of California in the amount of $11,845.47. Motion was made by Councilman Mussallem seconded by Council- man Kloecker and carried that the bid for one diesel-powered truck be awarded to the State of California in the amount of $11,845.47 as recommended. City Administrator Baksa presented a report of bids received for a truck replacement recommending award of same to Riverview International Trucks, Inc. in the amount of $14,177.50. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the bid of Riverview International Trucks, Inc. in the amount of $14,177.50 for a truck replacement be awarded as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to establish numerical limits of dwellings units to be permitted under the requirements of the Residential Development Ordinance for the years 1988, 1989 and 1990. The Staff Report was noted and further explained by City Administrator Baksa. 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 Mussallem seconded by Councilman Gage that the reading of Resolution No. 87-19 be waived and that it be adopted. RESOLUTION NO. 87 - 19 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 1988, 1989 AND 1990. PASSED AND ADOPTED this 6th day of April, 1987, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None The Mayor stated that it was the time and place scheduled for an Appeal Hearing on the Decision of the Planning Commission Granting a Conditional Use Permit to allow a 150 sq. ft. on-site freestanding freeway oriented sign as delineated in Section 37.51 or the Zoning Ordinance and Granting a Variance to Allow a Third Freestanding Sign for the Motel to be located off-site, on property located at 8430 Murray Avenue, on approximately 60,250 sq. ft. in an HC (Highway Commercial) District, Leavesley Inn (Ed Antenucci), Applicant. The Staff Reports on V 87-2 and CUP 87-23 were noted and further explained by Planning Director Dorn. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. John Blaettler, Partner, addressed the Council further explaining the proposed signs requested. " . ~ , 5L-/9b Res .1187-20 Pub. Hear. TM-Carriage Hills III Pub.Hear. TM-Arcadia Res .1/87-21 05496 The Mayor asked if there was anyone further in the audience wishing to speak on the matter. 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 Palmerlee seconded by Councilman Gage and .. carried to approve two (2) monument signs each for 35 sq. ft. with the Leavesley Road Sign to be 10 feet in height which must be lowered to 7 feet when the visual obstruction is removed and the Murray Avenue Sign to be 7 feet in height. Councilwoman Albert voted "no" on the motion. Motion was made by Councilman Gage seconded by Councilman i~ Valdez and carried by the following Roll Call Vote to approve a [i J 150 sq. ft. Freeway Sign with one condition that it be located ... south of the building on the east property line: Ayes: Councilmembers: Gage, Kloecker, Mussallem and Valdez; Noes: Councilmembers: Albert, Palmerlee and Hughan. Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 87-20 be waived and that it be adopted approving the above Council action. (See additional Council intent on 4-20-87 Minutes.) RESOLUTION NO. 87 - 20 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY MODIFYING ON APPEAL RESOLUTIONS OF THE PLANNING COMMISSION GRANTING A VARIANCE AND CONDITIONAL USE PERMIT TO ALLOW SIGNS WITH SPECIFIC CONDITIONS FOR LEAVESLEY INN, APPLICANT. PASSED AND ADOPTED this 6th day of April, 1987, by the following vote: AYES: COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN. ALBERT and PALMERLEE. None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Motion was made by Councilman Mussallem seconded by Council- Councilman Valdez and carried that the Public Hearing to Consider a Tentative Map Request for a Residential Subdivision of 32 lots, for property located on Montelli Drive, West of Learnard Way, Carriage Hills III, c/o H.C. Miller, Applicant be continued to May 18, 1987. ~ I I ..... The Mayor stated that it was the time and place scheduled for a Public Hearing to Consider a Tentative Map request for a Residential Subdivision of 120 lots for property located on Longmeadow Drive, West of Santa Teresa Boulevard, Arcadia Development Co., Applicant. The Staff Report was noted and further explained by Planning Dir<ector Dorn. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Lou Teresi, representing the Applicant, addressed the Council explaining their proposal for model homes to be construc- ted and reserve lots for future model homes. The Mayor asked if there was anyone further in the audience wishing to speak on the proposal. o Mr. Hy Miller, representing Carriage Hills development, south of Arcadia Development addressed the Council noting that their engineer is working closely with Aracdia and Ted Schaal's development. The Mayor closed the Public Hearing. Motion was made by Councilman Mussallem seconded by Council- man Gage that the reading of Resolution No. 87-21 be waived and that it be adopted approving the Tentative Map as recommended. ... .. - .... Old City Hall Rest. ..... 1IJll''''~ ....... r- ,,., 9 7 ') q. ,-, ,-,. .. RESOLUTION NO. 87-21 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR 120 RESIDENTIAL LOTS ON 32.7 ACRES, MORE OR LESS, WEST OF SANTA TERESA BOULEVARD AND LONGMEADOW DRIVE. PASSED AND ADOPTED this 6th day of April, 1987, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None The Mayor tabled action on the Staff recommendation on Sewer Allocations to be discussed under the City Administrator's Reports (XI.F.). City Administrator Baksa presented a Report on the Old City Hall Restaurant and letters from the Gilroy Chamber of Commerce, further explaining same. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Dick Smithee, 2430 Scarlet Road, Gilroy, addressed the Council in regard to a propposal for the Old City Hall requesting a Council Study Session in regard to same. It was the general con census of the Council that action be taken at this meeting in regard to Mr. Smithee's proposal. Mr. John Parrinello, President of the Chamber of Commerce, addressed the Council and recommended Council oppose Mr. Smithee's proposal for the Old City Hall. Ms. Sue Ellen Rowlison, 781 Lawrence Drive, addressed the Council, noted that she is interested in the cultural arts and downtown revitalization and noted that she would like to see the Old City Hall a healthy economic city hall, particularly in the arts, as space for art galleries, working artists and for the theatre, art exibits that could be presented in the Old City Hall, whether Mr. Smithee's proposal or another proposal is chosen. She further requested that the City take the opportunity to use some of the space for art, visual or performing arts which would have a long-term impact economically and also a draw for tourists for culture and history. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. Motion was made by Councilman Mussallem seconded by Councilman Kloecker and carried by the following Roll Call Vote that the proposal of Mr. Richard Smithee be denied and requested that new bids be advertised for a restaurant operation in the Old City Hall: Ayes: Councilmembers: Kloecker, Mussallem, Palmerlee and Hughan; Noes: Councilmembers: Albert, Gage and Valdez. Motion was made by Councilman Gage seconded by Councilman Valdez and failed to explore the possibility of using the Old City Hall for a Community Center before readvertising bids for a restaurant. Councilmembers: Kloecker, Mussallem, Palmerlee and Hughan voted "no" on the motion. Motion was made by Councilman Mussallem seconded by Councilman Kloecker and carried that Council previous action to readvertise bids for restaurant proposals for the Old City Hall be confirmed. Mr. Smithee, addressed the Council and stated that he is sorry that he was unable to convey the need to reach into the community and to deal with the available resources and to try to deal with the human element and quality of life, and offered his services to prsent a new proposal or to work on an alternative use of the building. ['/jOt) ,) .tt' j 0 AB169 Septic Tank Haulers Intro.Ord. Res .1187-22 Downtown Coordinator (At 9:59 p.m. the Mayor declared a recess and reconvened the meeting at 10:10 p.m.) Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the City support AB169 (Hannigan) - Major Changes for LAFCO as recommended. City Administrator Baksa presented a recommendation to revise the City Code for Regulations and Fees for Septic Tank Haulers. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the reading of a proposed ordinance amending Section 19.110 of the Gilroy City Code re: Septic Tank Pumpers be waived and that it be introduced and published by title and summary. ,.., IIIIIIII Motion was made by Councilman Gage seconded by Councilwoman Albert that the reading of Resolution No. 87-22 regulating and increasing fees to $0.04 per gallon to become effective July 1, 1987 be waived and that it be adopted as recommended. RESOLUTION NO. 87 - 22 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING SEWER PLANT JURISDICTION AND RATES FOR SEPTIC TANK PUMPERS. PASSED AND ADOPTED this 6th day of April, 1987, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, PALMERLEE, VALDEZ and None None MUSSALLEM, HUGHAN. Mr. Irv Bender, Chairman of the Downtown Gilroy Revitali- zation Task Force, addressed the Council requesting Council to consider a portion of the 1987-88 Budget for funding a Downtown Coordinator for their revitalization proposal that includes the properties from First to Tenth Streets and from Monterey Street to .. Eigleberry Street including Railroad Street. ~ ..... The Mayor requested Mr. Bender be notified of scheduled dates to present proposals for the 1987-88 Budget. 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. The following informational items were noted: Assemblyman Areias Congratulating Police Chief Cowart for County Human Relations Commission Appointment. Santa Clara County Intergovernmental Council Bylaws. Operation Sentinel Semi-Annual Report 1986-87. Report of Investments with Maturity Dates Exceeding One Year. Proclamations Issued by Mayor Hughan: National Community Development Week - April 11-18, 1987; A.rmy Days' - April 2-5, 1987; Drowning Prevention Month - May 1987; Fai:r Housing Month - April ' 1987; Italian Week - June 1-8, 1987. ~ City's Response to Assemblyman Areias Requesting Legislation for Commercial Vehicles under 10;000 Ibs. Parking in Residential Districts. ... Santa Clara Valley Water District 1987 Construction Schedule for Lower Llagas Creek Bridge. Santa Clara County Intergovernmental Council re: South County City Representative for Advisory Committee - AB 2948 (Tanner). ~ JPSA -- Plan. Com. 4-2-87 Historic Heritage Commission ,fPI-''''''' '--' Downtown Funding Sewer Allocations MH Eng. ; Nj I; \ ,;I,/fl - \..... 5499 Gilroy Foods, Inc. Employees Petition to State Department of Transportation Requesting Speed Limit Reduction on Highway 152 in front of the Plant. (Full Petition contains 335 signatures.) Andrea Y. Coleman, Administrator - South Valley Intercommunity Hospital. Minutes of the PL-566 Workshop - Lorna Prieta RCD Meeting of March 5, 1987. Discussed priorities on Project 566. Santa Cruz County Transportation Commission Proposed Prohibition of Certain Trucks on State Highway 152. The Mayor noted it would be approximately 3 weeks before enforcement. The Minutes of the Joint Powers Sewer Advisory Committee Meetings of February 10th and 24, 1987 were noted. Noted Berliner, Cohen & Biagini re: Long-Term Wastewater Facilities Law Suit Appeal. Noted Berliner, Cohen & Biagini (Andrew L. Faber) re: Memorandum of Points and Authorities in Opposition to Tichinin's Petition for Order to Preserve Status Quo filed with Appellate Court in Sacramento. Noted Technical Memorandum No. 7 re: Gilroy-Morgan Hill Long-Term Wastewater Plan. Noted the Report of the Planning Commission Meeting of April 2, 1987. Noted the Minutes of the Historic Heritage Committee Meeting of March 6, 1987 and the Staff Report on A/S 87-9 Approval, Maria Melo, Applicant. Noted the Minutes of the Historic Heritage Committee Meeting of March 26, 1987 and the Staff Report on A/S 87-14 Review for Remodeling of the Strand Theatre, Ford's Department Store, Applicant. (The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience.) Noted Downtown Funding Alternatives. City Administrator Baksa noted that this matter has been presented for the legal framework and that a Study Session will be scheduled for a future date. Discussion was had in regard to April 1st Performance Date regarding Sewer Allocation Process, further explained by City Administrator Baksa. t /~>.. .5 A request of MH Engineering Company was noted on behalf of the Gilroy Country Club Estates for 25,000 gallons of Sewer Allocation vacated by Las Animas Technical Park. The recommendation of the Building Department was noted to allocate available sewage allocation for single and multi-family in-fill lots. Mr. Sig Sanchez, addressed the Council explaining the request,for the Gilroy Country Club Estates Project, noting no objection to 5 units being deducted from the 25,000 gallon request for in-fill lots. Mr. Wayne Carlson, 7570 Kentood Court, Real Estate Broker, addressed the Council noting the need for housing proposed by Gilroy Country Club Estates. Motion was made by Councilman Mussallem seconded by Councilman Kloecker and carried by the following Roll Call Vote to allocate sewer to Gilroy Country Club Estates for 123 units and 5 units for in-fill category requested by the Building Department: Ayes: Councilmembers: Kloecker, Mussallem, Valdez and Hughan; Noes: Councilmembers: Albert, Gage and Palmerlee. ssoo Downtown Funding Prop.Purch. 10th & Church Sts. Prop.Purch. Hanna St. Computer System P.D.Gas Leak Jt.Meet. ICC Adjrnmt. Mr. Sig Sanchez, addressed the Council asking for clarification regarding Gilroy Country Club Estates status regarding the moratorium. It was noted that the City does not anticipate any sewer allocation prior to September 1st; in the event that there may be available sewer capacity before that time the Council would allow Gilroy Country Club Estates to present a proposal. City Administrator Baksa noted the Downtown Funding Alterna- tives further explained by Assistant Planner Lucero. Council thanked her for a comprehensive report and agreed to discuss this matter during and after the 1987-88 Budget. (The Mayor continued with the regular order of the Agenda.) 11IIII\ City Administrator Baksa prsented a recommendation to purchase property at the northwest and northeast corners of Tenth and Church Streets for Street Improvements. .... Motion was made by Councilman Kloecker seconded by Councilwoman Albert and carried that the City purchase property at the northwest and northeast corners of Tenth and Church Streets for Street Improvements as recommended. City Administrator Baksa presented a recommendation to purchase property at 7301 Hanna Street. Motion was made by Councilwoman Albert seconded by Councilman Kloecker and carried that the City purchase property at 7301 Hanna Street as recommended. City Administrator Baksa requested authorization to purchase additions to the City's Computer System in the amount of $58,337.00. Motion was made by Councilman Mussallem seconded by Councilman Valdez and carried that additions to the City's Computer System in the amount of $58,337.00 be authorized as recommended. , .J City Administrator Baksa recommended authorization to purchase a catalytic converter system to correct the gas leak problem at the Police Project site in the amount of $74,820.00 noting that maintenance cost to be $4,000.00 per month. Motion was made by Councilman Palmerlee seconded by Councilman Gage and carried that the purchase of a catalytic converter system for the Police Project site in the amount of $74,820.00 be authorized as recommended. The Mayor noted the South County Day Care Association Annual Day Care Tour of Homes, April 11, 1987 - 10:00 a.m. The Mayor reminded Council of the Haz Mat Conference. The Mayor noted that the City Attorney would submit alternatives on municipal election dates at the next regular meeting. The Mayor gave a summary of her recent Washington, D.C. trip testifying before the Senate Sub Committees and other legislators regarding funding of local Flood Control Projects. ~ The Mayor noted the Joint Gilroy City Council/Gilroy Chamber --' of Commerce Executive Board Meeting April 13, 1987 - 12:00 noon, Chamber Office, 80 W. 5th Street, Gilroy. The Mayor noted the Inter-City Council Meeting of April 9, 1987 in Santa Clara. At 11:46 p.m. the Mayor adjourned the meeting. Respectfully submitted, 4u::: ~ ~TEINMETZ: