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Minutes 1987/05/18 Posting Agenda Roll Call Intro.New Emp. 5515 Regular Meeting of May 18, 1987 Gilroy, California Mayor Hughan led the Pledge of Allegiance to the Flag. The City Clerk reported that the Agenda had been posted on May 14, 1987 at 11:36 a.m. Present: Councilmembers: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. (8:02 p.m.). The Mayor noted that new employee, Gregory V. Flippo, Police Officer was not present for introduction. 5516 Emp.Award Consent Calendar Minutes Claim-M.E. Cutter Solid Waste Management Pub.Hear. re: T .M.-Carriage Hills III Res.87-34 Pub.Hear. T .M.-Filice Est. Vyds. The Mayor presented Linda Ozuna, Secretary - Fire Department the Employee of the Month of April, 1987 Award. Motion was made by Councilman Gage seconded by Councilman Mussallem that the following items under the Consent Calendar be approved by the following Roll Call Vote: (Councilman Palmerlee noted that he would not vote on Item "c" Damage Claim, due to a conflict of interest) Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of May 4, 1987; I ! Approved the Minutes of the Special Council Meeting of May 11, 1987; and ......... Denied a Damage Claim of Mary E. Cutter as recommended Councilman Palmerlee absent and not voting on this claim.) The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience and called upon Ms. Cynthia Sievers, Inter-Governmental Council Program Coordinator. Ms. Sievers, addressed the Council and presented and explained the Solid Waste Committee's Annual Report on Solid Waste Management in Santa Clara County. The Mayor stated that it was the time and place scheduled for the continued Public Hearing to consider a Tentative Map request for a Residential Subdivision of 32 lots, for property located on Mantelli Drive, West of Learnard Way, Carriage Hills III, c/o H. C. Miller, 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 matter. Mr. Hiram Miller, applicant, addressed the Council noting concurrence with the Staff Report and recommendations. Councilman Mussallem noted that he would not enter into the discussion nor vote on the matter due to a conflict of interest. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 87-34 be waived and that it be adopted approving the Tentative Map of Carriage Hills III. RESOLUTION NO. 87-34 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR 32 RESIDENTIAL LOTS ON 90 ACRES, MORE OR LESS, LOCATED ON MANTELLI DRIVE, WEST OF LEARNARD WAY. PASSED AND ADOPTED this 18th day of May, 1987, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, VALDEZ and Hughan None MUSSALLEM PALMERLEE, ] NOES: ABSENT: COUNC ILMEMBERS : COUNCILMEMBER: The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Tentative M?p request of Filice Estate Vineyards, for a 17 lot subdivision located on the southerly side of Mantelli Drive, westerly of Welburn Avenue. 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. Res.87-35 ..... .... Pub.Hear. Prezoning Church St. ..... ... Pub. Hear. GPA-G. Filice ..... Pub. Hear. GPA-Wm. Lyons Co. ... 5517 Mr. Tim Filice, representing the applicant, addressed the Council noting concurrence with the conditions recommended and requested permission to modify Conditions #25 and #30 to allow them to search out alternative methods of resolving the fire flow problem. 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. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the reading of Resolution No. 87-35 be waived and that it be adopted approving the Tentative Map and recommended conditions with amendments to Conditions #25 and #30 as requested. RESOLUTION NO. 87 - 35 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR 17 SINGLE FAMILY HILLSIDE RESIDENTIAL LOTS ON 32 ACRES, MORE OR LESS, LOCATED ON THE SOUTHERLY SIDE OF MANTELLI DRIVE, WESTERLY OF WELBURN AVENUE. PASSED AND ADOPTED this 18th day of May, 1987, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, PALMERLEE, MUSSALLEM, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None The Mayor stated that it was the time and place scheduled to consider a prezoning request initiated by the City of Gilroy for property located west of Church Street, between Farrell and Tatum Avenues on 4.5 acres to PF (Public Facility) District. 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 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 Palmer lee and carried that the reading of a proposed ordinance be waived and that it be published by title and summary prezoning the property as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a General Plan Amendment request from Open Space to General Services Commercial on property located at 5480 Monterey Highway, on approximately 27 acres, Gennero Filice, Applicant. It was noted that the Planning Commission recommended continuing the Public Hearing to November, 1987. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Public Hearing on the GPA request of Gennero Filice be continued to the November 16, 1987 Regular Council Meeting as recommended. 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 Low Density Residential, on property located at the southwest corner of Day Road and Santa Teresa Boulevard, on approximately 58.1 acres, The William Lyons Company, Applicant. The Staff Report was noted and further explained by Senior Planner Myer recommending addition of mitigation measure No. 6 "The applicant shall provide for a detailed engineering study of storm drainage and potential flooding, subject to the approval of the City Engineer and the Santa Clara Valley Water District. The recommendations of this study shall be incorporated into the project design." Council agreed that the applicant would also have to adhere to any drainage policy established by the City. 5518 Pub.Hear. GPA-Al Fortino Pub.Hear. GPA-Laurel & Uvas Pk. Drives The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. David Coombs, representing the William Lyons Company, 1631 N. 1st St., San Jose, addressed the Council further explaining their proposal requesting approval of the General Plan Amendment and approval of the 20 Year area requested. 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. Motion was made by Councilman Mussallem seconded by Councilman Kloecker and carried that the property be included in the General Plan Area designated low density residential to include the mitigation measures approved by the Planning Commission and to add mitigation measure No. 6 as recommended. ...... ...... Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the property be included in the 20 Year Planning Area. Councilmembers: Albert and Palmerlee voted "no" on the motion. The Mayor stated that it was the time and place scheduled to consider a General Plan Amendment for inclusion in the 20 Year Area from HillsideResidential and Low Density Residential to Low Density Residential on property located between Mesa Road and Santa Teresa Boulevard, East of Thomas Road on approximately 7.7 acres, Al Fortino, Applicant. Councilman Mussallem noted that he would not take part in the discussion nor action on the matter due to a conflict of interest in the proposal. The Staff Report was noted and further explained by Senior Planner Myer. ...... The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. ....... Mr. Gene Wells, 5465 Mesa Road, resident and representing the applicant, addressed the Council, requesting approval of the proposed General Plan Amendment. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. George Grant, Nicole Way, addressed the Council concurring with the General Plan Amendment and noted that this would be an asset to the City. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. George Champion, 85 Susan Court, addressed the Council noting that he is in favor of the General Plan Amendment; an improvement to Mesa Road. 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. The Mayor closed the Public Hearing. ..... Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the General Plan Amendment request for inclusion in the 20 Year area be approved as requested. It was noted that the street improvement would be at Mr. Fortino's option. - Mr. Gene Wells, addressed the Council, noting that the applicant had agreed to construct the full width street improvement upon annexation of the property to the City. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a General Plan Amendment request initiated by the City of Gilroy from Medium Density Residential to Low Density Residential on property located between Laurel Drive and Uvas Park Drive, east of Santa Teresa Boulevard. ~ .... Res.1I87-36 So.Co. Intercom. Hosp. ,... .... City Elections Firearms Sales Ord. "".. .... Census 5519 The Staff Report was noted and further explained by Senior Planner Myer. 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 the General Plan Amendment be approved as recommended. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 87-36 be waived and that it be adopted formally approving the above three (3) General Plan Amendments. RESOLUTION NO. 87-36 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AMENDMENTS TO THE GENERAL PLAN FOR THE CITY OF GILROY. PASSED AND ADOPTED this 18th day of May, 1987, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. A Development Agreement and Deferred Development Agreement for South Valley Intercommunity Hospital and request of Mr. Allan R. Saxe was noted requesting additional reimbursement period within the agreement further explained by City Administrator Baksa and infrastructure proposal further explained by Director of Public Works Cox. Mr. A. Robert Saxe, addressed the Council noting that they would be in agreement to a fifteen year reimbursement period. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Development Agreement and Deferred Development Agreement with South County Intercommunity Hospital be approved as presented to include a 15 year reimbursement period as recommended by Staff. The Mayor suggested and Council agreed to take no action regarding City Elections issue, noting that the Election would remain as scheduled to be November 3, 1987. Police Chief Cowart presented and explained a recommendation to adopt a Firearms Sales Ordinance with an additional Section D to allow the Police Department to submit fingerprints as part of the background check on applications. At 10:05 p.m. Councilman Gage left the Council Chambers and returned at 10:07 p.m.; at 10:07 p.m. Councilman Mussallem left the Council Chambers and returned at 10:09 p.m. Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that the reading of the proposed ordinance be waived and that it be published by title and summary approving the Firearms Sales Ordinance as recommended. Motion was made by Councilman Palmer lee seconded by Councilman Gage and carried that the January 1, 1987 estimated population for the City at 27,459 be certified as recommended. The following informational items were noted with no separate discussion on same: South County Housing re: Sewer Capacity for Gilroy Motel Project and Robert J. Dyer Confirming the Owner's Interest to Sell said property; 5520 Plan. Com. 5-7-87 Lib.& Cult. 4-14-87 P.& R. Com. 4-21-87 Fireworks Comp.Fee Schedule 10th St. Signals County of Santa Cruz Ordinance Prohibiting Semitrailer Trucks on State Highway 152 between Watsonville and Gilr~y; Planning Staff Approvals dated May 1, 1987; Gilroy Visitors Bureau Quarterly Report: Activities for January, February & March 1987 and Advisory Council Minutes of January 8, 1987, February 5 and 19, 1987, and March 5, 1987; and January, February and March 1987 Financial Statements; Charles A. Gilmore, Chairman of the Rent Stabilization Commi tt ee ; ] Assemblyman Areias re: Proposed Legislation; Report on Investments with Maturities Exceeding One Year; and Proclamations Issued by Mayor Hughan: Foster Care Awareness Month - May 1987 and Foster Parent Apprecition Week - May 24-30, 1987; Selective Service Registration Awareness Month - June, 1987; Chiropractic Wellness Week - June 6-12, 1987; Gilroy Police Officers' Wives Club Week - May 11-18, 1987; and Gilroy Bonanza Days 1987 - June 7-14, 1987. The Report of the Planning Commission Meeting of May 7, 1987 was noted. Council requested that the Planning Department Projects for 1987 Priorities be reagendized on the July 20, 1987 Regular Council Meeting agenda. The Minutes of the Library and Culture Commission Meeting of April 14, 1987 were noted. The Minutes of the Parks and Recreation Commission Meeting of April 21, 1987 were noted. .-..- The Minutes of the Senior Advisory Board Meeting of March 16, 1987 were noted. , ......J The Minutes of the Gilroy Golf Course Advisory Board Meeting of March 10, 1987 were noted. City Administrator Baksa gave an update on the Fireworks Issue. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the Fireworks Booth Fee funds be obligated as the City's share toward the Fourth of July Fireworks Display as recommended. Councilman Palmerlee voted "no" on the motion. City Administrator noted the Revised Comprehensive Fee Schedule. City Administrator Baksa distributed a time schedule for the Tenth Street Traffic Signals Project. City Administrator Baksa noted that an increase in the transient occupancy tax would require a ballot measure. Council requested that this issue be reagendized on the June 1, 19987 Regular Council Meeting agenda. ~ I ! --' City Administrator Baksa distributed a report on the budget for continuation of the South County Study. Councilman Mussallem noted that the Commuter Train will be scheduled to qperate during the Garlic Festival and that if same is beneficial that Cal-Trans should be encouraged to continue its operation. The Mayor noted that the train is scheduled to be in Gilroy Saturday, July 25th and petitions will be available on board for signers. <'I " Adjrnmt. At 10:29 p.m. the Mayor aajourned the meeting. Respectfully submitted, ~ /s/ SUSANNE E. 5521